A.
Unless specifically qualified otherwise, the provisions
of this chapter shall be enforced by the Zoning Administrator, who
shall serve at the pleasure of the Board.
B.
In the administration and enforcement of the provisions
of this chapter, the Zoning Administrator shall be assisted by the
following officers, departments, committees, agencies and boards:
C.
The Zoning Administrator shall have all necessary
authority on behalf of the Board to administer and enforce the provisions
of this chapter. Such authority shall include the ability to order,
in writing, the remedy of any condition found in violation of this
chapter and, within 30 days' notice to the Board, the ability to bring
legal action to ensure compliance with the provisions, including injunction,
abatement or other appropriate action or proceeding.
D.
In the absence of the Zoning Administrator through
death, sickness or leave, the County Administrator shall act in the
Zoning Administrator's capacity. Such replacement shall commence two
days following the unplanned absence of the Zoning Administrator and
shall terminate immediately upon notification to the County Administrator
of his return. In the case of planned leave, the County Administrator
will be charged with the Zoning Administrator's functions immediately
upon the close of business of his/her last working day.
[Added 4-6-1987; amended 2-1-2021]
In the administration of the provisions of this
chapter, the Zoning Administrator shall have the following specific
duties and responsibilities:
A.
Overall responsibility for the effective administration
and enforcement of this chapter.
B.
Making periodic reports to the Board, at intervals
at not greater than 12 months, summarizing for the period since the
last report all applications approved and all complaints of violation
and the actions taken thereon. A copy of each such report shall be
filed with the Commission and the BZA.
C.
Making annual reports to the Commission on the status
and effectiveness of this chapter, including a listing of suggested
amendments thereto.
D.
Providing such technical and consultative assistance
as may be required by the BZA and the Commission.
E.
The receipt, official acceptance and maintenance of
current and permanent files and records for all applications required
by this chapter, unless qualified by specific provisions, to include
the following:
(1)
Proposed and adopted amendments to this chapter, including
the Zoning Map.
(2)
Applications for special permits and administrative
permits.
(3)
Applications for special exceptions.
(4)
Appeals from a decision on interpretation.
(5)
Applications for a variance.
(6)
Applications for residential and nonresidential zoning
permits.
F.
Conducting inspections of buildings, structures and
uses of land to determine compliance with the provisions of this chapter.
G.
Ensuring that there is a supply of copies for distribution
of the Zoning Map(s), the compiled text of this chapter and the rules
of the BZA and the Commission.
H.
Performing such other duties and functions as are
required by the provisions of this chapter and/or as assigned by the
Board.
[Amended 7-7-2010]
The Zoning Administrator shall administer and
interpret this chapter. Every question involving the interpretation
of any provision of this chapter shall be presented to the Zoning
Administrator for a decision. An appeal on any decision of the Zoning
Administrator may be taken to the BZA as provided for in this article.
The Zoning violation or written order shall include the applicable
appeal fee and a reference to where additional information may be
obtained regarding the filing of an appeal.
All appeals and applications as provided for
in this chapter shall be submitted, in writing, on forms prescribed
by the responsible official. Each appeal or application shall contain
that specific information as may be required by the various provisions
of this chapter.
[Amended 2-1-2021]
Every application required under the provisions
of this chapter shall be filed with the Zoning Administrator. No application
shall be considered officially on file or shall be advertised for
a public hearing until the application and all required accompanying
submissions, including a site plan if required, are submitted to the
Zoning Administrator and all delinquent real estate taxes are paid
as authorized by Code of Virginia § 15.2-2286(B). When the
application is complete, it shall be referred to the officer, body
or agency having jurisdiction to act on the same.
[Amended 7-7-2010]
All appeals and applications as provided for
in this chapter shall be accompanied by a filing fee in an amount
to be determined by the fee schedule adopted separately by the Board;[1] except that no fee shall be required where the applicant
is the County of Rappahannock or any agency, authority, commission
or body specifically created by the County, state or federal government.
All fees shall be made payable to the Treasurer of Rappahannock County,
who shall issue receipts, one copy of which shall be maintained on
file with the application. The fee for filing an appeal shall not
exceed the costs of advertising the appeal for public hearing and
reasonable costs.
[1]
Editor's Note: The fee schedule is on file
in the County offices.
All applications and appeals shall be heard
and considered in the order in which they are filed.
With the exception of an application for an amendment to the Zoning Map, which is regulated by the provisions of § 170-134 below, an appellant or applicant whose appeal or application is denied may not institute a new appeal or application on substantially the same subject within 12 months from the date of action by the approving body on the original appeal or application.
[Amended 1-7-2008]
A.
Conduct of public hearings. All public hearings as
required by this chapter shall be conducted in accordance with the
following provisions:
(1)
No public hearing shall be held unless the required notice has been given in accordance with the provisions of Subsection B below.
(2)
All hearings shall be open to the public. Any person
may appear and testify at such hearing, either in person or by an
authorized agent or agency.
(3)
The hearing body shall establish general rules and
procedures for the conduct of hearings.
(4)
The term “continued” means a hearing is rescheduled to a later date without having been commenced. The term “recessed” refers to a hearing which has been commenced and is then scheduled to a later time and place for completion. A hearing is commenced when it is opened for public comment by the Chairman. If a hearing is continued to a date in excess of 60 days, notice shall be given for such continued hearing in accordance with the provisions of Subsection B, below. If a hearing is concluded but action is deferred until a future date, no further notice shall be required prior to action being taken. If a hearing is commenced but cannot be completed for any reason, the hearing may be recessed to be resumed at another time and place without the necessity for any further notice, provided the next time and place is announced when the hearing is recessed.
(6)
An action may be reconsidered only upon motion of a member voting with the prevailing side on the original vote, which motion shall be made at the same or immediately subsequent regular meeting. Action on a question pending reconsideration shall be taken only following notice as required by Subsection B below unless such action is taken at the same meeting as the original action.
B.
Notice for public hearings shall be in accordance
with § 15.2-2204 of the Code of Virginia. The Zoning Administrator
may give such additional notice as he deems appropriate or require
the applicant to give the notice required by § 15.2-2204. When
notice by mail is given, the person giving notice may rely on the
Rappahannock County Tax Map and real estate tax records.
A.
Statement of legislative findings. The Board finds
that a portion of the police power of the commonwealth has been delegated
to each County, to be exercised reasonably in determining the manner
of its development. The state legislature has left much discretion
to the County in making such determinations, relying on the local
governing body's knowledge of local conditions and the needs of its
individual communities. Public necessity, health, safety, convenience,
general welfare, good zoning practice and the aesthetic values and
priorities of the local citizenry provide guiding factors for the
Board in its quest to exercise its legislative mandate in formulating
a reasonable policy of County planning for the general good and welfare.
B.
Amendments generally. Whenever the public necessity,
convenience, general welfare or good zoning practice requires, the
Board may, by general ordinance, amend, supplement or change the regulations,
restrictions, district boundaries or classification of property established
in this chapter by majority vote; provided that no such action may
be taken until after public hearings have been held in relation thereto
as provided by § 15.2-2204 of the Code of Virginia, at which
parties of interest and citizens shall have an opportunity to be heard.
Any such amendment may be initiated by petition of any property owner
addressed to the Board, by resolution of the Board or by motion of
the Commission in the following manner:
[Amended 2-2-2015]
(1)
Property owner petition: by filing with the ZA a petition
of any owners of land proposed to be rezoned. The petition shall be
addressed to the Board and shall be on a standard application form
signed by the owner or his agent, accompanied by four copies of metes
and bounds description and a plat of the property proposed for rezoning,
a conflict of interest statement, a fee to be determined in accordance
with a fee schedule separately adopted by the Board [1] and a narrative addressing the compatibility of the request
with the adopted Comprehensive Plan and its goals and objectives.
Where an application contains conditions proffered in accordance with
§ 15.2-2297 of the Code of Virginia, the application shall
contain the conditions and the following statement:
|
"I hereby proffer that the development and/or
use of the subject property of this application shall be in strict
accordance with the conditions set forth in this submission, unless
an amendment thereto is mutually agreed upon by the Board of Supervisors
and the undersigned."
|
[1]
Editor's Note: The fee schedule is on file
in the County offices.
(2)
Board resolution: by the adoption by the Board of
a resolution of intention to amend, which resolution upon adoption
shall be referred to the Commission for consideration pursuant to
§ 15.2-2285B of the Code of Virginia.
(3)
Commission resolution: by the adoption by the Commission
of a motion of intention to propose an amendment.
C.
Conflicts of interest. When a zoning application is
filed by a property owner, such petition shall be sworn to under oath
before a notary public, stating whether any member of the Board or
Commission has interest in such property, whether individually, by
ownership of stock in a corporation owning such land or by partnership,
or whether a member of the immediate household of any member of the
Board or the Commission has any such interest. For the purpose of
this article, "own" or "have any interest in" shall mean ownership
by members of his immediate household or ownership by way of partnership
or as a holder of 10% or more of the outstanding shares of stock in
or serving as a director or officer of any corporation owning such
land, directly or indirectly, by members of his immediate household.
D.
Notice of hearings. The Commission shall not recommend
nor shall the Board adopt any plan, ordinance, amendment, change in
district boundaries or classification of property until the notice
of public hearing requirements as contained herein has been accomplished.
E.
Referral to Planning Commission; action by Planning
Commission.
(1)
In accordance with Title 15.2 of the Code of Virginia, proposed amendments to this chapter, changes in district boundaries or classification of property shall be referred by the Board or its administrative representative to the Planning Commission for its recommendation. The Commission shall hold a public hearing on such application or resolution, as provided by Subsection D above.
(2)
After conclusion of the public hearing, unless the
proceedings are terminated as provided herein, the Commission shall
consider the proposed amendment or resolution and send to the Board
its recommendation and appropriate explanatory materials. Failure
of the Commission to report to the Board within 90 days after the
first meeting of the Commission, following the date the proposed amendment
has been referred to the Commission, shall be deemed approval by the
Commission.
[Amended 4-6-1987]
F.
Board of Supervisors action. Following the report to the Board by the Commission concerning any proposed amendment to this chapter or change in district boundaries or classification of property, and before approving and adopting any ordinance or amendment thereof, the Board shall hold at least one public hearing thereon, pursuant to public notice as required under § 170-133B, after which the Board may make appropriate changes or corrections in this chapter or proposed amendment; provided that no additional land may be zoned to a different classification than was contained in the public notice without an additional public hearing as provided under Subsection D above. The Board of Supervisors shall render its decision within 12 months of the date of the adoption of a motion or a resolution proposing the amendment, or the filing of the petition proposing the amendment in the zoning office. [Note: Code of Virginia, § 15.2-2286A(7).]
G.
Refiling of petition following denial. Upon denial
of any petition to change a zoning district, no further petition concerning
any or all of the same property for amendment to the same zoning district
as applied for in the petition denied shall be filed within one year
of such denial.
H.
Withdrawal of petition. An application for an amendment
may be withdrawn at any time; provided that if the request for withdrawal
is made after publication of the notice of public hearing, no application
for the reclassification of all or any part of the same property shall
be filed within six months of the withdrawal date. No refund of fees
shall be made in the case of withdrawal.
I.
Deferral of application on request of petitioner.
Deferral of consideration of any petition may be requested by the
petitioner; provided that if the request for deferral is made after
publication of the notice of hearing, such deferral shall be only
with the consent of either the Commission or the Board, depending
upon whichever body advertised the hearing. Applications deferred
by the Commission at the request of the petitioner should not be deemed
as being referred to the Commission until such time as the matter
has been rescheduled on the Commission's agenda.
J.
Matters to be considered in reviewing proposed amendments. Proposed amendments shall be considered with reasonable consideration for the existing use and character of the area, the suitability of the property for various uses, the trends of growth or change, the current and future requirements of the County as to land for various purposes as determined by population, economic and other studies; the transportation requirements of the community and the County and the requirements for schools, parks, playgrounds, recreation areas and other public services; for the conservation of natural resources and preservation of floodplains; and for the conservation of properties and their values and the encouragement of the most appropriate use of land throughout the County. These considerations shall include but not be limited to the Comprehensive Plan or parts thereof, the relation of development to roads or road construction programs, proximity of the development to utilities and public facilities, the existence of an agricultural and forestal district created pursuant to Chapter 36 of the Code of Virginia and any other applicable standards contained in Article VI.
[Amended 4-6-1987; 2-2-2015]
A.
An appeal to the Board of Zoning Appeals may be taken by any person aggrieved or by any officer, department, board or bureau of Rappahannock County affected by any decision of the Zoning Administrator or from any order, requirement, decision or determination made by any other administrative officer in the administration or enforcement of Title 15.2, Chapter 22, Article 7, of the Code of Virginia (§ 15.2-2200 et seq.), or of this Chapter 170 of the Rappahannock County Code, or of any modification of zoning requirements made by the Zoning Administrator pursuant to Code of Virginia, § 15.2-2286(4).
B.
The provisions of § 15.2-2311 and 15.2-2312 of the Code
of Virginia shall apply to all such appeals.
[Amended 1-3-2007; 2-2-2015]
A.
The Board of Zoning Appeals (BZA) may authorize upon appeal or original application in specific cases reasonable deviations from those provisions of this Chapter 170 regulating the size or area of a lot or parcel of land, or the size, area, bulk or location of a building or structure. Such a deviation is referred to as a "variance." A variance shall not permit a change in use which may be accomplished by a special permit, a special exception, rezoning or by a conditional zoning. [Note: See Code of Virginia, § 15.2-2201, for definition of a "variance." See gen. Code of Virginia, § 15.2-2309 2.]
B.
A variance may be granted when it is not contrary to the public interest, and, owing to special conditions, a literal enforcement of the provisions of this Chapter 170 will result in unnecessary hardship, provided that the spirit of this chapter shall be observed and substantial justice done, as follows: When a property owner can show that his property was acquired in good faith and where, by reason of the exceptional narrowness, shallowness, size or shape of a specific piece of property at the time of the effective date of this Chapter 170, or where, by reason of exceptional topographic conditions or other extraordinary situation or condition of the piece of property, or of the condition, situation, or development of property immediately adjacent thereto, the strict application of the terms of this Chapter 170 would effectively prohibit or unreasonably restrict the utilization of the property, or where the BZA is satisfied, upon the evidence heard by it, that the granting of the variance will alleviate a clearly demonstrable hardship, as distinguished from a special privilege or convenience sought by the applicant, a variance may be granted, provided that all variances shall be in harmony with the intended spirit and purpose of this Chapter 170, and shall be the minimum necessary to alleviate the demonstrated hardship.
C.
Authorization of variance.
(1)
No such variance shall be authorized by the BZA unless it finds by
affirmative vote of at least three of its members that:
(a)
The strict application of this chapter would produce undue hardship
relating to the property; and
(b)
The hardship is not shared generally by other properties in
the same zoning district and the same vicinity; and
(c)
The authorization of the variance will not be of substantial
detriment to adjacent property and that the character of the district
will not be changed by the granting of the variance; and
(d)
The condition or situation of the property concerned is not
of so general or recurring a nature as to make reasonably practicable
the formulation of a general regulation to be adopted as an amendment
to the ordinance. (Note: Code of Virginia, §§ 15.2-2309;
15.2-2201.)
D.
Additional provisions applicable to variances sought in the Floodplain Overlay District: Any variance sought for property in the Floodplain Overlay District must meet the requirements of both this § 170-136, and those of § 170-45F, Variances. Within the Floodplain Overlay District, the provisions of § 170-45 take precedence over any less restrictive provisions of this § 170-136.
E.
No variance shall be authorized except after notice and hearing as
required by Code of Virginia, § 15.2-2204. However, 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 BZA may give such notice by first-class
mail rather than by registered or certified mail.
F.
In authorizing a variance the BZA may impose such conditions regarding
the location, character and other features of the proposed structure
or use as it may deem necessary in the public interest, and may require
a guarantee or bond to ensure that the conditions imposed are being
and will continue to be complied with.
G.
Notwithstanding any other provision of law, the property upon which
a property owner has been granted a variance shall be treated as conforming
for all purposes under state law and this Code; however, the structure
permitted by the variance may not be expanded unless the expansion
is within an area of the site or part of the structure for which no
variance is required. Where the expansion is proposed within an area
of the site or part of the structure for which a variance is required,
the approval of an additional variance shall be required. (Note: Code
of Virginia, § 15.2-2309)
H.
Application for a variance may be made by any property owner, tenant,
government official, department, board or bureau. A person contractually
bound to buy a certain property may apply for a variance, provided
the property owner has given written consent in the contract of sale
or another document filed with the application. Applications shall
be made, in writing, to the Zoning Administrator. The application
and accompanying maps, plans or other information shall be transmitted
promptly to the secretary of the BZA who shall place the matter on
the docket to be acted upon by the BZA.
I.
The application shall be made on a form prepared by the Zoning Administrator
and shall be accompanied by an application fee as set from time to
time by resolution of the Board of Supervisors.
J.
K.
If a building or structure is constructed, or has begun to be constructed, within a prohibited yard, or in violation of a setback line, or in violation any other provision of this Chapter 170 to which a variance may apply, and such violation occurred inadvertently and without the fault of the property owner, the property owner may apply for a variance under this section and shall be treated in the same manner as any other property owner, and any hardship shall not be deemed to be self-imposed.
L.
No application for a variance shall be considered by the issuing
authority within one year of the consideration of a prior application
that is substantially the same. The one-year period shall run from
the date of the scheduled public hearing on the prior application.
(Note: Code of Virginia, § 15.2-2311.) This provision shall
not apply if the prior application was withdrawn before the day of
the scheduled public hearing. However, an application may be withdrawn
up until the time of a motion to approve or disapprove. This subsection
only addresses when substantially the same application may be submitted.
M.
The BZA shall render a decision on the request for a variance within
90 days after receipt of a complete application and all fees by the
Zoning Administrator. In the event that a decision is not rendered
within said ninety-day period, the application shall be deemed to
be denied effective as of the 91st day, provided the applicant may
request an extension of the ninety-day period, and if agreed to by
the BZA, a decision on the application shall be continued to the date
of a future BZA meeting. This extension may be made subject to certain
conditions agreed to between the parties. If no decision is rendered
by the BZA on the agreed to future meeting date, the application shall
be deemed to be denied effective that date.
A.
Permit required. No principal or accessory structure(s)
or use permissible by right, by special permit or special exception
shall be constructed or excavation or grading thereof begun before
the issuance of a zoning permit by the Zoning Administrator. No building
permit shall be issued prior to the issuance of a zoning permit. (Permitted
uses not requiring site improvements or Health Department approval
shall not require a zoning permit.)
B.
Structures not exceeding 100 square feet. Notwithstanding
the foregoing, no zoning permit shall be required for any lawful structure
not exceeding 100 square feet in floor area and where the value of
construction does not require a building permit.
C.
Structures in violation. No zoning permit shall be
issued where it appears that the structure to be constructed or the
use contemplated would be in violation of the provisions of this chapter
or any other applicable law, ordinance or regulation. The issuance
of such zoning permit, however, shall not afford protection of any
owner who is found to be violating this or any other applicable law,
ordinance or regulation.
D.
Forms and information required. An application for
a zoning permit shall be made to the Zoning Administrator on forms
to be provided him. The Zoning Administrator shall require and be
furnished with all plans and documents as may be required to determine
whether the proposed structure, use and facilities will be in compliance
with the provisions of this chapter. Each application for a zoning
permit shall be accompanied by the following items or as much thereof
as the Zoning Administrator may require as being pertinent:
(1)
Certificate from the Health Officer that the proposed
location meets the requirements of the Health Department from the
standpoint of water supply and sewage disposal or, where a public
water and/or sewerage system is involved, a statement from the Water
and Sanitation Authority that all applicable regulations and requirements
have been complied with.
(2)
A grading permit if required.
(3)
The intended use.
(4)
If a dwelling, the number of families it will house.
(5)
A plot plan, signed by the applicant, drawn to scale,
showing dimensions of the structure with respect to property lines
and public highways; provided, however, that no plot plan shall be
required for any dwelling no part of which is located within 100 feet
of any property line or right-of-way of any public highway.
(6)
An entrance permit, if required by the VDOT regulations.
[Amended 2-1-2021]
E.
Fees. If it appears that the proposed structure and
use of land or structure is in conformity with the provisions of this
chapter, a zoning permit shall be issued to the applicant by the Zoning
Administrator upon payment of the required fee therefor. No fee shall
be required for a zoning permit issued in conjunction with an approved
site plan.
F.
Certificate. Whenever a zoning permit is issued, the
Zoning Administrator shall also furnish the applicant with a certificate
indicating that said zoning permit has been issued and is valid for
the period stipulated therein. The applicant shall thereupon deliver
said certificate to the Building Inspector when a building permit
is required. The certificate shall be posted as per directions on
the certificate.
G.
Time limits. Any zoning permit issued shall become
invalid if the authorized work is not commenced within six months
of the date of issuance or is suspended or abandoned for a period
of six months; provided that the Zoning Administrator may, upon good
cause shown, extend a permit without charges for an additional period
not exceeding six months.
A.
Any person, whether owner, lessee, principal, agent,
employee or otherwise, who violates any provision of this chapter;
who erects, modifies, or uses any building or who uses any land, in
violation of any site plan, permit or proffer approved either under
this chapter or under any prior zoning ordinance; or who conspires
with, aids, abets or permits another to do any of the foregoing, shall
be guilty of a misdemeanor punishable by a fine of not less than $10
nor more than $1,000. If the violation is uncorrected at the time
of the conviction, the court shall order the violator to abate or
remedy the violation within a time period established by the court.
Failure to remove or abate a violation within the specified time period
shall constitute a separate misdemeanor offense punishable by a fine
of not less than $10 nor more than $1,000, and any such failure during
any succeeding ten-day period shall constitute a separate misdemeanor
offense for each ten-day period punishable by a fine of not less than
$100 nor more than $1,500. Proceeding under this subsection shall
not restrict or limit any other remedy available under the law. At
the time of its adoption, this subsection incorporated the maximum
penalties allowed to be imposed by § 15.2-2286 of the Code of
Virginia. In the event future amendment to § 15.2-2286 of the
Code of Virginia allows for greater or additional penalties, then
any such greater or additional penalties shall be incorporated herein
by reference and shall supersede any provision of this subsection
with which they conflict.
[Amended 7-6-1994[1]; 1-7-2008]
[1]
Editor's Note: This ordinance was repealed
12-2-1996.
B.
Any building erected or improvements constructed contrary
to any of the provisions of this chapter and any use of any building
or land which is conducted, operated or maintained contrary to any
of the provisions of this chapter shall be declared to be unlawful.
C.
The Zoning Administrator may initiate injunction,
mandamus or any other appropriate action to prevent, enjoin, abate
or remove such erection or use in violation of any provision of this
chapter. Such action may also be instituted by any citizen who may
be aggrieved or particularly damaged by any violation of any provisions
of this chapter.
D.
Upon his becoming aware of any violation of any provisions
of this chapter, the Zoning Administrator shall serve notice of such
violation on the person committing or permitting the same, and if
such violation has not ceased within such reasonable time as the Zoning
Administrator has specified in such notice, the Zoning Administrator
shall institute such action as may be necessary to terminate the violation.
E.
The remedies provided in this article are cumulative
and not exclusive and shall be in addition to any other remedies provided
by law.
