(a)

This chapter shall be enforced by the zoning administrator, who shall be appointed by the board of supervisors.

(b)

The zoning administrator may also hold another office for Rockingham County.

(P.C. Ord. No. 14-03, 9-24-14)

(a)

The zoning administrator is authorized and empowered on behalf of and in the name of the board of supervisors to administer and enforce the provisions and requirements of this chapter.

(b)

The zoning administrator shall have all necessary authority on behalf of the board of supervisors to administer and enforce this chapter, including:

(1)

The ordering in writing of the remedying of any violation of this chapter;

(2)

The bringing of legal action, including injunction, abatement, or other appropriate action or proceeding, subject to appeal in accordance with this chapter; and

(3)

In specific cases, make findings of fact and, with concurrence of the county attorney, conclusions of law regarding determinations of rights regarding vested rights and nonconforming uses in accordance with section 15.2-2307 of the Code of Virginia.

(c)

The zoning administrator shall respond within ninety (90) days of a request for a decision or determination on zoning matters within the scope of his authority unless the requester has agreed to a longer period.

(d)

The zoning administrator is vested with all necessary authority on behalf of the board of supervisors to administer and enforce conditions attached to a rezoning, an amendment to a zoning map, or a special use permit in the same manner as described above for any violation of this chapter.

(e)

The zoning administrator is further vested with all necessary authority on behalf of the board of supervisors to administer the bonding policy sufficient for and conditioned upon the construction of any physical improvements required by the conditions of a rezoning, amendment to zoning map, site plan, or special use permit, or a contract for the construction of the improvements and the contractor's guarantee in like amount and condition, which guarantee shall be reduced or released by the zoning administrator upon the submission of satisfactory evidence that construction of such improvements has been completed.

(f)

In no event shall a written order, requirement, decision, or determination by the zoning administrator be subject to change, modification, or reversal by the zoning administrator after sixty (60) days have elapsed from the date of the written order, requirement, decision, or determination where the person aggrieved has materially changed his position in good faith reliance on the action of the zoning administrator unless it is proven that such written order, requirement, decision, or determination was obtained through malfeasance of the zoning administrator or through fraud. The sixty-day limitation period shall not apply in any case where, with the concurrence of the Rockingham County Attorney, modification is required to correct clerical or other nondiscretionary errors.

(g)

Failure to comply with chapter 17 shall constitute cause for the zoning administrator to deny the issuance of any of the required use, occupancy, or building permits as may be appropriate.

(P.C. Ord. No. 14-03, 9-24-14)

(a)

The board of zoning appeals shall consist of five (5) members who are Rockingham County residents and who shall be appointed by the Circuit Court of Rockingham County.

(b)

Appointments shall be for five (5) years each. The secretary of the board of zoning appeals shall notify the circuit court at least thirty (30) days in advance of the expiration of any term of office. Members may be reappointed to succeed themselves. A member whose term expires shall continue to serve until his successor is appointed by the board of supervisors and is sworn in by the circuit court.

(c)

No board of zoning appeals member can hold any other office in the county except one (1) may be a member of the planning commission.

(d)

Members of the board of zoning appeals may receive such compensation as may be authorized by the board of supervisors.

(e)

Within the limits of funds appropriated by the board of supervisors, the board of zoning appeals may employ or contract for secretaries, clerks, legal counsel, consultants, and other technical and clerical services.

(f)

Appointments for vacancies occurring otherwise than by expiration of term shall, in all cases, be for the unexpired term. A member may be removed for cause by the circuit court after a hearing is held no less than fifteen (15) days after written notice of charges are sent such member. Such notice shall be mailed certified, return receipt requested, or hand delivered.

(P.C. Ord. No. 14-03, 9-24-14)

(a)

The board of zoning appeals shall adopt rules in accordance with the provisions of this chapter and consistent with other ordinances of Rockingham County and the Code of Virginia for the conduct of its affairs.

(b)

The board of zoning appeals shall elect a chairman and vice chairman from its own membership who shall serve annual terms.

(c)

The board of zoning appeals shall keep minutes of its proceedings and other official actions.

(1)

The board of zoning appeals shall keep records, transcripts, minutes, or other records of its proceedings sufficient to make possible court determinations on appeal as to the validity of its findings, decisions, and its reasons therefor.

(2)

Minutes and records shall be filed in the office of the zoning administrator and shall be public records.

(3)

The board of zoning appeals shall submit a report of its activities to the board of supervisors at least once a year.

(d)

All meetings of the board of zoning appeals shall be held in conformity with the Virginia Freedom of Information Act.

(e)

The meetings of the board of zoning appeals shall be held at the call of the chairman and at such other times as a quorum of the board of zoning appeals may determine. Alternatively, the board by resolution may fix a schedule of regular meetings, and may also fix the day or days to which any meeting shall be continued if the chairman, or the vice-chairman if the chairman is unable to act, finds and declares that weather or other conditions are such that it is hazardous for members to attend the meeting. Such finding shall be communicated to the members and press as promptly as possible. All hearings and other matters previously and properly advertised shall be conducted at the continued meeting and no further advertisement is required.

(f)

The chairman, or in his absence the vice chairman or acting chairman, may administer oaths and compel the attendance of witnesses.

(g)

A quorum shall be at least three (3) members.

(h)

The majority vote of those members present and voting shall be necessary to reverse any order, requirement, decision, or determination of the zoning administrator or to decide in favor of any variance from the ordinance.

(i)

A property owner, or his appointed agent, shall not initiate action requiring a hearing before the board of zoning appeals which is substantially the same application related to the same parcel of land more often than every twelve (12) months without specific approval by the board of zoning appeals of a motion to rehear the application. Any such motion to rehear shall be in accordance with rules adopted by the board of zoning appeals.

(P.C. Ord. No. 14-03, 9-24-14)

(a)

The board of zoning appeals shall hear and decide appeals from any order, requirement, decision, or determination made by the zoning administrator in the administration or enforcement of this chapter.

(b)

The board of zoning appeals shall authorize upon appeal or original application in specific cases, such variance as defined in section 15.2-2201 of the Code of Virginia, from the terms of this chapter as will not be contrary to the public interest, when, owing to special conditions, a literal enforcement of the provisions will result in unnecessary hardship; provided that the spirit of this chapter shall be observed and substantial justice done.

(c)

The board of zoning appeals shall hear and decide appeals from the decision of the zoning administrator after notice and hearing as provided by section 15.2-2204 of the Code of Virginia. However, as authorized by section 15.2-2309 of the Code of Virginia, when giving any required notice to the owners, their agents, or the occupants of abutting property and property immediately across the street or road from the property affected, the board of zoning appeals may give such notice by first-class mail rather than by registered or certified mail;

(d)

The board of zoning appeals shall hear and decide applications for interpretation of the district map where there is uncertainty as to the location of a district boundary. After notice to the owners of the property affected by any such question, and after public hearing with notice as required by section 15.2-2204 of the Code of Virginia, the board of zoning appeals may interpret the map in such way as to carry out the intent and purpose of the chapter for the particular section or district in question. However, as authorized by section 15.2-2309 of the Code of Virginia, when giving any required notice to the owners, their agents, or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first-class mail rather than by registered or certified mail. The board shall not have the power to change substantially the locations of district boundaries as established by this chapter.

(e)

The board of zoning appeals shall strictly adhere to all provisions of this chapter. No provision of this section shall be construed as granting the board of zoning appeals the power to rezone property or to base board of zoning appeals decisions on the merits of the purpose and intent of local ordinances duly adopted by the board of supervisors. The board of zoning appeals, as a body of limited jurisdiction, shall act in full conformity with all provisions in this chapter and in strict compliance with all provisions in this chapter and in strict compliance with all limitations contained therein. The provisions of this chapter shall be deemed to be jurisdictional, and any action taken by the board of zoning appeals beyond the authority and specifically conferred by the provisions of this chapter and the limitations applicable thereto shall be of no force and effect.

(P.C. Ord. No. 14-03, 9-24-14)