Rappahannock County, VA Article XVI Boards, Commissions and Committees

§ 170-139 Planning Commission.

A. Purpose.

(1) The Planning Commission shall advise the Board of Supervisors on all matters related to the orderly growth and development of Rappahannock County and it shall approve or disapprove the location, character and extent of all public facilities in the County.

(2) More specifically, the Planning Commission shall:

(a) Prepare and recommend a Comprehensive Plan for the physical development of the County and review said plan at least once every five years.

(b) Prepare and recommend amendments to this chapter.

(c) Prepare and recommend amendments to Chapter 147, Subdivision of Land.

(d) Review and make recommendations on all amendments to the Zoning Map.

(e) Review and make recommendations on applications for special exceptions filed with the Board and, where deemed necessary, appeals and applications for special permits filed with the BZA.

(f) Recommend site plans in accordance with the provisions of Article XIV.

(g) Approve or disapprove the general or approximate location, character and extent of streets, parks or other public areas, public buildings, public structures or public utilities or public service corporations other than railroads, whether publicly or privately owned.

B. Authority and establishments.

(1) The Planning Commission was established in conformance with a resolution adopted by the Board of Supervisors pursuant to the provisions of Article 3, Chapter 11, Title 15.1, of the Code of Virginia, now codified as Article 2, Chapter 22, Title 15.2, of the Code of Virginia.

[Amended 2-2-2015]

(2) The Planning Commission heretofore established shall continue as the Planning Commission for the purpose of this chapter.

(3) The official title of this Commission shall be the "Rappahannock County Planning Commission."

C. Membership.

(1) The Planning Commission shall consist of seven members, appointed by the Board, all of whom shall be residents of the County, qualified by knowledge and experience to make decisions on questions of community growth and development. There may be one member from each magisterial district, one member from the Board and one member from the BZA.

(2) Members shall be appointed for four years and terms of appointments shall be staggered. However, members concurrently serving on the Board of Supervisors or the BZA shall serve until, at the next first annual regular meeting of the Board of Supervisors, his or her successor is appointed to serve as the representative member. Members of the Commission may receive such compensation as may be authorized by the Board.

[Amended 4-2-2018]

(3) Any vacancy in membership shall be filled by appointment by the Board. It shall be for an unexpired term only. Any appointed member may be removed by the Board for malfeasance in office.

D. Meetings.

(1) Regular meetings of the Planning Commission are held once each month or as the work of the Commission may require, at a time and place to be designated by the Commission. When a meeting date falls on a legal holiday, the meeting shall be held on the day following unless otherwise designated by the Commission.

(2) All regular meetings and adjourned meetings shall be open to the public, except as provided for in the Freedom of Information Act.

(3) Special meetings of the Commission may be called by the Chairman or by two members, upon written request to the Secretary.

(a) The Secretary shall cause to be mailed to all members, at least five days in advance of a special meeting, a written notice fixing the time and place and purpose of the meeting.

(b) Written notice of a special meeting shall not be required if the time of the special meeting has been fixed at a previous regular meeting or if all members are present at the special meeting or file a written waiver of the required notice.

(4) All public hearings conducted by the Planning Commission shall be in accordance with the provisions set forth in Article XV.

(5) A majority of the membership of the Commission shall constitute a quorum.

(6) No action of the Commission shall be valid unless authorized by a majority vote of those present.

E. Records. The Planning Commission shall keep minutes of all its proceedings showing evidence presented, the names of all witnesses giving testimony, findings of fact by the Commission and the vote of each member upon each question or, if absent or failing to vote, such fact. These minutes shall be a public record.

F. Duties. The Planning Commission shall have the following duties:

(1) The election of officers from its own membership.

(2) The general supervision of and the making of regulations for the administration of its affairs.

(3) The adoption of its own bylaws and procedures, consistent with the ordinances of the County and the general laws of the state.

(4) The employment or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services within the limits of funds appropriated by the Board.

(5) The supervision of its fiscal affairs and responsibilities, under rules and regulations as prescribed by the Board.

(6) The preparation and submission of an annual budget in the manner prescribed by the Board.

(7) The conduct of public hearings on specific items.

(8) The hearing and decision on all matters referred to it and upon which it is required to pass by this chapter and the Code of Virginia.

(9) The performance of those activities set forth in Subsection A above.

(10) The preparation, publication and distribution of reports, ordinances and other material relating to its activities.

(11) The preparation and presentation to the Board of an annual report concerning the operation of the Commission and the status of planning within the County.

(12) The preparation and presentation to the Board of a report, at intervals of not greater than five years, on whether a general revision of this chapter should be undertaken. If the Commission should recommend such a revision, it shall describe the conditions which it believes indicate the desirability thereof, outlining in general the respects in which this chapter can better be adapted to such conditions. Further, it shall indicate the scope of the revisions that it believes to be advisable.

(13) The establishment of advisory committees when deemed necessary.

§ 170-140 Board of Zoning Appeals.

A. Establishment. The Rappahannock County Board of Zoning Appeals (BZA) was previously established pursuant to the provisions of former Article 8, Chapter 11, Title 15.1, of the Code of Virginia, now codified as § 15.2-2308 of the Code of Virginia. The BZA heretofore established shall continue as the BZA for the purpose of this Chapter 170. (Note: See gen. Code of Virginia, § 15.2-2308.)

[Amended 2-2-2015]

B. (Reserved)[1]

[1] Editor’s Note: Former Subsection B, Authority and establishment, was repealed 2-2-2015.

C. Membership.

(1) The BZA shall consist of five members appointed by the Circuit Court of Rappahannock County, Virginia, and the members may receive compensation as may be authorized by the Board of Supervisors. All members shall be residents of the County.

(2) The terms of office of the membership shall be five years, except that the first five members first appointed shall serve, respectively, for terms of one for one year, one for two years, one for three years, one for four years and one for five years.

(3) The Zoning Administrator shall notify the Circuit Court at least 30 days in advance of the expiration of any term of office and shall also notify the Court promptly of any vacancy. Appointments to fill such vacancy shall be only for the unexpired portion of the term. Members may be reappointed to succeed themselves.

(4) A member whose term expires shall continue to serve until his successor is appointed and qualifies.

(5) Members of the BZA shall hold no other public office in the County except that one member may be a member of the Commission.

(6) Any BZA member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by the Court which appointed him, after a hearing held on at least 15 days' notice by the Court to the member sought to be removed.

D. Officers. At its first meeting in January of each year, the BZA shall elect a Chairman and Vice Chairman by a majority vote of the entire membership.

E. Meetings.

(1) At its first meeting in January of each year, the BZA shall set the time, date and place for its regular monthly public meetings, and may also fix the day or days to which any meeting shall be automatically continued if the scheduled meeting falls on a holiday, or if the Chairman, or 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, or that there will be the lack of a quorum, or that the place of the meeting is unavailable. Such finding shall be communicated to the members and the press as promptly as possible. All hearings and other matters previously advertised for such meeting in accordance with Code of Virginia, § 15.2-2312, shall be conducted at the continued meeting and no further advertisement is required. If the BZA does not establish such times, dates and places at its January meeting, then the times, dates and places set for the previous year shall remain in effect. The BZA shall hold at least one meeting each month when there is business to conduct. The BZA shall not be required to meet if there is no business to conduct and shall give notice of that on the website maintained by Rappahannock County and to the press as soon as it becomes apparent.

[Amended 2-2-2015]

(2) Three members of the BZA shall constitute a quorum, but a lesser number may meet and adjourn. However, the affirmative vote of at least three members shall be required to reverse any order, requirement, decision or determination by an administrative officer, or to decide in favor of an applicant on any matter upon which it is required to pass under this Chapter 170, or to effect any variance therefrom. (Note: Code of Virginia, § 15.2-2312.)

[Amended 2-2-2015]

(3) Special meetings may be called by the Chairman, provided that at least five days' notice of such hearing is given each member in writing.

(4) The BZA may adjourn a regular meeting if all applications or appeals cannot be disposed of on the day set, and no further public notice shall be necessary to continue such a meeting, provided the time, date and place of the continued meeting is stated at the original meeting. Such adjournment shall be mandatory 10 hours after the start of the meeting.

[Amended 2-2-2015]

(5) Appeals shall be heard and applications considered in the order in which they are filed, except that an appeal or application may be advanced for a hearing by an order of the BZA for a good cause shown. The Clerk shall keep a calendar of cases to be heard in their proper priority.

(6) All public hearings conducted by the BZA shall be in accordance with the provisions as set forth in Article XV. All hearings shall be open to the public, and any person affected may appear and testify at such hearing, either in person or by an authorized agent or attorney.

F. Referral to Planning Commission.

[Amended 2-2-2015]

(1) The Clerk of the BZA shall transmit a copy of any application to the Commission, which may send a recommendation to the BZA or appear as a party to any hearing, and shall also notify the Commission of the date of the hearing thereon. (Note: Code of Virginia, § 15.2-2310.)

G. Records. The BZA shall keep written records and minutes of all its proceedings, showing evidence presented, findings of fact by the BZA and the vote of each member upon each question or, if absent or failing to vote, such fact.

H. Power and duties. The BZA shall have the following powers and duties authorized by § 15.2-2308 through § 15.2-2312, inclusive, of the Code of Virginia. In the event there is any conflict between those sections of the Code of Virginia and this Chapter 170, the former shall control. These powers and duties are summarized from Code of Virginia, § 15.2-2309, as follows:

[Amended 2-2-2015]

(1) To hear and decide appeals from the decision of the Zoning Administrator after notice and hearing as provided 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.

(2) To grant variances in accordance with § 15.2-2309(2) of the Code of Virginia, and § 170-45 (Floodplain Overlay District) and § 170-136 of this Chapter 170.

(3) To hear and decide applications for such special permits as are authorized under Article VI of this chapter.

(4) To hear and decide applications for interpretation of the zoning district map where there is any uncertainty as to the location of a zoning district boundary. After notice to the owners of the property affected by the question, and after public hearing with notice as required by Code of Virginia, § 15.2-2204, the BZA may interpret the map in such way as to carry out the intent and purpose of this Chapter 170 for the particular section or district in question. 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. The BZA shall not have the power to change substantially the locations of zoning district boundaries or to re-zone property.

(5) To hear and decide all other matters referred to and upon which it is required to pass by this chapter.

(6) To make, alter and rescind rules and forms for its procedures, consistent with the ordinances of the County and the general laws of the state.

(7) To prescribe procedures for the conduct of public hearings that it is required to hold.

(8) To perform any additional duties, and exercise any additional powers, specifically assigned to it by this Chapter 170, or by Article 7, Chapter 22 of Title 15.2 of the Code of Virginia.

(9) To employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services within the limits of funds appropriated by the Board.

(10) To prepare a budget.

(11) To hear and decide appeals from any order, requirement, decision or determination made by an administrative officer in the administration or enforcement of Article 7 of Title 15.2 of the Code of Virginia, or of any ordinance adopted pursuant thereto, including this Chapter 170. The decision on such appeal shall be based on the BZA's judgment of whether the administrative officer was correct. The BZA shall consider the purpose and intent of any applicable ordinances, laws and regulations in making its decision.

(12) To revoke a special permit previously granted by the BZA if it determines that there has not been compliance with the terms or conditions of the permit. No special permit may be revoked except after notice and hearing as provided 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.

I. Limitations. All provisions of this chapter relating to the BZA shall be strictly construed. The BZA, as a body of limited jurisdiction, shall act in full conformity with all provisions and definitions in this chapter and in strict compliance with all limitations contained therein.

[Amended 2-2-2015]

J. Decisions subject to judicial review. All decisions of the BZA shall be final decisions, but shall in all instances be subject to judicial review in the manner provided by § 15.2-2314 of the Code of Virginia, 1950, as amended.

[Amended 7-7-2010]

K. Procedure on application or appeal. The BZA shall fix a reasonable time for the hearing of an application or appeal, give public notice thereof as well as due notice to the parties in interest, and make its decision within 90 days of the filing of the application or appeal. In exercising its powers, the BZA may reverse or affirm, wholly or partly, or may modify, an order, requirement, decision or determination appealed from. The concurring vote of at least three of the membership of the BZA shall be necessary to reverse any order, requirement, decision or determination of an administrative officer or to decide in favor of the applicant on any matter upon which it is required to pass or to effect any variance. The BZA shall keep minutes of its proceedings and other official actions which shall be filed in the office of the County Administrator and shall be public records. The Chairman of the BZA, or in his absence the Acting Chairman, may administer oaths and compel the attendance of witnesses. (Note: Code of Virginia, § 15.2-2312.) All votes taken pursuant to this subsection shall be by roll call.

[Added 2-2-2015]