An appeal to the Board of Zoning Appeals may be taken by any person aggrieved or by any officer, department, board, or bureau of Northampton County affected by any decision of the Zoning Administrator in the administration or enforcement of this chapter. Such appeal shall be taken within 30 days after the decision appealed from, and in case of an appeal from a notice of violation by the Zoning Administrator, or a written order from the Zoning Administrator, shall be taken within 30 days of receipt of such order or notice and shall follow this procedure.
(A) Filing of application.
(1) All appeal applications shall specify all of the grounds for appeal and shall be filed with the Secretary of the Board of Zoning Appeals who shall refer the application to the Board of Zoning Appeals and to the Zoning Administrator.
(2) The Zoning Administrator shall transmit to the Board of Zoning Appeals all the paper constituting the record upon which the action appealed was taken.
(B) Fee. Each application for an appeal shall be accompanied by payment of a fee to be determined by the Board of Supervisors.
(C) Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed unless the Zoning Administrator certifies to the Board of Zoning Appeals that by reason of facts stated in the certification a stay would in his/her opinion cause imminent peril of life or property, in which case proceedings shall not be stayed otherwise than by a restraining order granted by the Board of Zoning Appeals or by a Court of Record, after notice to the Zoning Administrator and for good cause shown.
(D) Public hearing. The Board of Zoning Appeals shall fix a reasonable time for the hearing of appeals or other matters referred to said Board. After notice and public hearing as required by VA Code § 15.2-2204, the Board of Zoning Appeals shall decide the matter within 60 days from the date of such public hearing.
(E) Decision of Board of Zoning Appeals. In exercising its powers, the Board of Zoning Appeals may reverse or affirm, wholly or in part, or may modify the decision, order, requirements, or determination that was the subject of the appeal.
(Ord. passed 4-12-2016)