The purpose of this article is to describe the roles, responsibilities and duties of decision-making and administrative bodies regarding this chapter of the county code. The enumeration of roles, responsibilities and duties in this article is not intended to limit in any way the powers or authority of such bodies under state law or county ordinance.

(Ord. No. 23-66, 10-24-95)

The board of supervisors shall have the following powers and duties to be carried out in accordance with the requirements of this chapter:

(a)

To initiate, by resolution, amendments to the text of this chapter or to the official zoning map;

(b)

To adopt amendments to the text of this chapter;

(c)

To adopt amendments to the official zoning map;

(d)

To adopt amendments to the comprehensive plan;

(e)

To approve (with or without conditions) or deny applications for special uses, as identified and established in this chapter;

(f)

Such additional powers and duties as may be set forth in this chapter or provided by state law.

(Ord. No. 23-66, 10-24-95)

In addition to the powers and duties set forth in Chapter 20 of the County Code, the planning commission shall have the following powers and duties to be carried out in accordance with the requirements of this chapter:

(a)

To prepare and recommend a comprehensive plan to the board of supervisors;

(b)

To prepare and recommend amendments to the comprehensive plan to the board of supervisors;

(c)

To survey and study matters relating to the preparation or amendment of the comprehensive plan;

(d)

To review and make recommendations to the board of supervisors on applications for special uses;

(e)

To initiate, review and recommend proposed amendments to the text of this chapter or the official zoning map;

(f)

To conduct public hearings and make recommendations to the board of supervisors on proposed amendments to the text of this chapter; and

(g)

Such additional powers and duties as may be set forth in this chapter or prescribed by state law.

(Ord. No. 23-66, 10-24-95)

(a)

Membership. The planning commission shall consist of seven (7) members to be appointed by the board of supervisors.

(b)

Term. Members of the commission shall be appointed for a term of not more than four (4) years as may be provided by the board of supervisors at the time of any such appointment.

(c)

Transition. All members of the planning commission on the effective date of this chapter shall continue as members until the completion of their current terms.

(d)

Vacancies. The board of supervisors may elect not to fill a vacancy occurring by reasons of the expiration of a term of office. Vacancies which occur by any cause other than expiration of the term for which appointed shall be filled for the unexpired term only.

(e)

Compensation; expenses. Members of the planning commission may receive such compensation and reimbursement for expenses as may be set from time to time by the board of supervisors.

(Ord. No. 23-66, 10-24-95)

(a)

Meetings. Meetings of the planning commission shall be held on the dates set by an annual schedule adopted at the beginning of each year and at such other times as a quorum of the commission may determine. All such meetings shall be open to the public.

(b)

Quorum. A quorum of the planning commission shall be four (4) members.

(c)

Required vote. All decisions of the planning commission shall be by majority vote of those present and voting.

(Ord. No. 23-66, 10-24-95)

Each year, the planning commission shall elect a chairperson, vice-chairperson and appoint a secretary, who shall keep records as required in section 23-3.3.5(b) of this chapter.

(Ord. No. 23-66, 10-24-95)

(a)

Rules. The planning commission shall adopt such rules and regulations as it considers necessary to carry out its powers and duties.

(b)

Records. The planning commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact. It shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the director of planning and shall be a public record.

(Ord. No. 23-66, 10-24-95)

The planning commission shall cooperate fully with other county and state agencies in the administration of its duties under this chapter.

(Ord. No. 23-66, 10-24-95)

The historic preservation commission shall have the following powers and duties to be carried out in accordance with the requirements of this chapter:

(a)

To coordinate local historic preservation efforts with those of the Virginia Department of Historic Resources and the Virginia Historic Landmarks Commission;

(b)

To sponsor public information activities when deemed appropriate, publicizing historic preservation efforts, which activities may include but are not limited to speaking engagements, handouts, press releases, and films;

(c)

To recommend designation of historic districts and landmarks and review and recommend proposed amendments to such designated districts or landmarks to the planning commission and board of supervisors;

(d)

To review proposed development which may change or alter the historic character of a historic district and report findings to the planning commission and board of supervisors;

(e)

To issue certificates of appropriateness and formulate necessary administrative procedures, which shall include prescribed requirements for applications for such certificates;

(f)

To advise property owners living within historic districts on measures which they may take to preserve the historic character of their district;

(g)

To report on its activities and make recommendations in an annual report to the planning commission and the board of supervisors concerning the operation of the preservation commission and the status of historic preservation within the county;

(h)

To develop specific guidelines for each historic district prior to establishment of such district delineating specific criteria for the approval of certificates of appropriateness, based on the general criteria listed in this chapter and the distinctive characteristics and features of each district; and

(i)

To hold public meetings as often as necessary to fulfill the responsibilities assigned by this article.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-142, 2-8-11)

(a)

Membership. The historic preservation commission shall be composed of seven (7) members, to be appointed by the board of supervisors. The membership shall include citizens who have a demonstrated interest, competence, or knowledge of historic preservation. The board of supervisors shall make every reasonable effort to appoint to the seven (7) member commission at least one (1) architect or architectural historian with a demonstrated interest in historic preservation, and at least one (1) additional member with professional training in architecture, history, architectural history, planning, or landscape architecture. In the event that adequate review of any proposed action would normally involve a professional discipline not represented in the membership, the historic preservation commission may seek appropriate professional advice before rendering a decision.

(b)

Terms. Each member shall be appointed for a term of four (4) years and the terms shall be staggered.

(c)

Transition. All members of the historic preservation commission on the effective date of this chapter shall continue as members until the completion of their terms.

(d)

Vacancies. When a term expires, a member may be reappointed or a new member appointed to begin a four-year term. Vacancies which occur by any cause other than expiration of the term for which appointed shall be filled for the unexpired term only. Vacancies shall be filled within sixty (60) days, when practicable.

(e)

Compensation; expenses. Members of the historic preservation commission may receive such compensation and reimbursement for expenses as may be set from time to time by the board of supervisors.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-102, 2-11-03)

(a)

Meetings. The historic preservation commission shall meet on a regular basis as its workload requires.

(b)

Quorum. A quorum of the historic preservation commission shall be four (4) members.

(c)

Required vote. All decisions of the historic preservation commission shall be by majority vote of those present and voting.

(Ord. No. 23-66, 10-24-95)

At its first meeting of each calendar year, the historic preservation commission shall elect from its members:

(1)

A chairperson who will call and run meetings;

(2)

A vice-chairperson who will call and run meetings in the absence of the chairperson; and

(3)

A secretary who will record the activity at the meetings and may be a nonmember with no voting privileges.

(Ord. No. 23-66, 10-24-95)

(a)

Rules. The historic preservation commission shall adopt such rules and regulations as it considers necessary in the administration of its duties.

(b)

Records. The historic preservation commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact. It shall keep records of its hearings and other official actions, all of which shall be immediately filed in the office of the director of planning and shall be a public record.

(Ord. No. 23-66, 10-24-95)

The historic preservation commission shall cooperate fully with other county and state agencies in the administration of its duties under this chapter.

(Ord. No. 23-66; 10-24-95),

The director of planning, and such other members of the planning department as the director may designate, shall have the following powers and duties, to be carried out in accordance with the requirements of this chapter:

(a)

To recommend amendments to the comprehensive plan to the planning commission, and to prepare such amendments when specifically requested to do so by the planning commission or the board of supervisors;

(b)

To review and prepare written reports on applications as required under this chapter;

(c)

To forward applications and information pertaining to applications to appropriate state, county or other government agencies for review if necessary or appropriate;

(d)

To provide advice and recommendations to the board of supervisors, planning commission and the historic preservation commission upon request or as required under the provisions of this chapter; and

(e)

To exercise such additional powers and perform such additional duties as may be set forth in this chapter, or as requested by the county administrator or board of supervisors; and

(f)

To keep such records which the board of supervisors requires.

(Ord. No. 23-66, 10-24-95)

The zoning administrator, and such other members of the department of code compliance as the zoning administrator may designate, shall have the following powers and duties, to be carried out in accordance with the requirements of this chapter:

(a)

To accept applications as required under this chapter;

(b)

To keep such records which the board of supervisors requires;

(c)

To conduct inspections of buildings, structures, and uses of land to determine compliance with this chapter;

(d)

To notify owners or users of property of violations of the provisions of this chapter and to order correction of all conditions which are found to be in violation of this chapter; and

(e)

To provide advice and recommendations to the board of supervisors, planning commission, historic preservation commission and board of zoning appeals upon request or as required under this chapter.

(f)

To keep such records as the board of zoning appeals requires.

(g)

To exercise such additional powers and perform such additional duties as may be set forth in this chapter, or as requested by the county administrator or board of supervisors.

(Ord. No. 23-66, 10-24-95)

State Law reference— Zoning administrator, Code of Virginia, § 15.1-491(d).

The zoning administrator is hereby authorized to grant a modification from any provision contained in the zoning ordinance with respect to physical requirements on a lot or parcel of land, including but not limited to size, height, location or features of or related to any building, structure, or improvements, if the zoning administrator finds in writing that:

(i)

Strict application of the ordinance would produce undue hardship;

(ii)

Such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and

(iii)

The authorization of the modification will not be of substantial detriment to adjacent property, and the character of the zoning district will not be changed by the granting of the modification.

(Ord. No. 23-140, 10-12-10)

Prior to the grant of a modification, the zoning administrator shall require the applicant to give all adjoining property owners written notice of the request for modification, and an opportunity to file a response to the request with the zoning administrator within twenty-one (21) days of the date of the notice.

(Ord. No. 23-140, 10-12-10)

The zoning administrator shall make a decision on the application for modification and issue a written decision, with a copy provided to the applicant and any adjoining landowner who responded in writing to the notice sent pursuant to section 23-3.5.4 above.

The decision of the zoning administrator shall constitute a decision within the purview of Va. Code Ann. § 15.2-2311 (1950, as amended) and may be appealed to the board of zoning appeals as provided by that section. Decisions of the board of zoning appeals may be appealed to the circuit court as provided by Va. Code Ann. § 15.2-2314 (1950, as amended).

(Ord. No. 23-140, 10-12-10)

The board of zoning appeals shall have the following powers and duties to be performed in accordance with the requirements of this chapter:

(a)

To hear and decide appeals from any order, requirement, decision, or determination made by an administrative officer in the administration or enforcement of this chapter;

(b)

To authorize a variance from the terms of this chapter; and

(c)

To hear and decide applications for interpretation of the zoning map where there is any uncertainty as to the location of a district boundary. After giving notice to the owners of the property affected by the interpretation, and after a public hearing with published notice as required by division 2 of article 4 of this chapter, the board of zoning appeals may interpret the zoning map in such a way as to carry out the intent and purpose of the applicable zoning district(s). The board shall not have the power to substantially change the locations of district boundaries as established by the board of supervisors.

(Ord. No. 23-66, 10-24-95)

(a)

Membership. A board of zoning appeals shall consist of seven (7) members appointed by the circuit court of the county. One (1) member may be an active member of the planning commission.

(b)

Terms. The term of office of members of the board of zoning appeals shall be for five (5) years, or until his or her successor is appointed and qualified.

(c)

Transition. All members of the board of zoning appeals on the effective date of this chapter shall continue as members until the completion of their terms.

(d)

Vacancies. Appointments for vacancies occurring other than by expiration of a term shall in all cases be for the unexpired term.

(e)

Compensation; expenses. Members of the board of zoning appeals may receive such compensation and reimbursement for expenses as may be set from time to time by the board of supervisors.

(Ord. No. 23-66, 10-24-95)

State Law reference— Removal of member of board of zoning appeals, Code of Virginia, § 15.1-494; state and local government conflict of interests act, § 2.1-639.1 et seq.

(a)

Meetings. Meetings of the board of zoning appeals shall be held in accordance with the annual meeting schedule adopted by the board of zoning appeals at the beginning of each year. All such meetings shall be open to the public.

(b)

Quorum. A quorum of the board of zoning appeals shall be four (4) members.

(c)

Required vote. A favorable vote of four (4) members of the board shall be necessary to take any action on any matter which is before the board.

(Ord. No. 23-66, 10-24-95)

State Law reference— Quorum, records, etc., of board, Code of Virginia, § 15.1-494.

Each year, the board of zoning appeals shall elect from its members:

(1)

A chairperson, who may administer oaths and compel the attendance of witnesses;

(2)

A vice-chairperson, who shall act in the absence of the chairperson; and

(3)

A secretary, who shall keep records as required in section 23-3.6.5(b) of this chapter.

(Ord. No. 23-66, 10-24-95)

State Law reference— Board to elect officers for annual terms, Code of Virginia, § 15.1-494; similar provisions, Code of Virginia, § 15.1-496.2;

(a)

Rules. The board of zoning appeals shall adopt such rules and regulations as it considers necessary to carry out its duties under this chapter.

(b)

Records. The board of zoning appeals shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact. It shall keep records of its examinations and other official actions, all of which shall be immediately filed in a location to be designated by the zoning administrator and shall be a public record.

(Ord. No. 23-66, 10-24-95)

The board of zoning appeals shall cooperate fully with other county and state agencies in the administration of its duties under this chapter.

(Ord. No. 23-66, 10-24-95)