Abingdon City Zoning Code
ARTICLE II
Administration
Section 2-1-1 Appointment; powers and duties.
[1-3-2023 by Ord. No. 2023.01.03]
(a)
This chapter, with the exception of Article X, Subdivision, and the Zoning Map shall be administered, interpreted, and enforced by the Director of Community Development or designee (Administrator), who shall be appointed by the Town Council. The Administrator shall serve at the pleasure of the Town Council and shall have such duties as are conferred on them by this chapter and the Code of Virginia, § 15.2-2286(4). The Administrator may also hold another office in the Town.
(b)
The Subdivision Agent (Agent) shall be appointed by the Town Council to administer and enforce Article X, Subdivision, of this chapter.
(c)
In the performance of these duties, the Administrator/Agent may call for opinions or decisions, either verbal or written, from other departments or state agencies.
(d)
The Administrator/Agent may designate a Deputy Administrator/Agent or other designee to assist in these duties.
(e)
In addition to the regulations contained herein, the Administrator/Agent may, from time to time, establish any reasonable additional administrative procedures deemed necessary for the proper administration of this chapter.
Section 2-2-1 Appointment and membership.
[1-3-2023 by Ord. No. 2023.01.03]
The Planning Commission shall be created, organized, removed, and compensated pursuant to the Code of Virginia, § 15.2-2210 and § 15.2-2212, as amended, and as outlined in Chapter 2 of the Town Code.
Section 2-2-2 Powers and duties.
[1-3-2023 by Ord. No. 2023.01.03]
The Planning Commission shall perform the duties pursuant to the Code of Virginia, §§ 15.2-2221, 15.2-2230 et seq., and 15.2-2285, as amended, as outlined in Chapter 2 of the Town Code, and shall approve or deny certificates of appropriateness in the Historic District Entrance Corridor Overlay District as outlined in Article III of this chapter.
Section 2-2-3 Meetings and procedures.
[1-3-2023 by Ord. No. 2023.01.03]
(a)
The Planning Commission shall conduct meetings pursuant to the Code of Virginia, §§ 15.2-2214 through 15.2-2217, as amended and as outlined in Chapter 2 of the Town Code.
(b)
Pursuant to the Code of Virginia, § 15.2-2287.1, as amended, members are required, prior to or at a hearing on a matter, to make a full public disclosure of any business or financial relationship that such member has, or has had within the twelve-month period prior to such hearing, and shall be ineligible to vote or participate in any way upon the matter.
Section 2-3-1 Appointment; terms; membership; compensation; removal.
[1-3-2023 by Ord. No. 2023.01.03]
Pursuant to the Code of Virginia, § 15.2-2308, et seq., as amended, a Board of Zoning Appeals (BZA) shall be created and organized as follows:
(1)
A BZA consisting of five members shall be appointed by the Circuit Court.
(2)
The term of office shall be for five years, except that of the first five members appointed, one shall serve for five years, one for four years, one for three years, one for two years and one for one year. Appointments for vacancies occurring otherwise than by expiration of term shall in all cases be for the unexpired term.
(3)
At least 30 days in advance of the expiration or a term of office, or promptly if a vacancy occurs, the Secretary of the BZA shall notify the Court. A member whose term expires shall continue to serve until the successor is appointed and qualifies.
(4)
Members of the BZA shall hold no other public office in the locality except that one may be a member of the Planning Commission, and any member may be appointed to serve as an officer of election.
(5)
The BZA shall receive such compensation and traveling expenses as the Town Council may establish.
(6)
Any BZA member or alternate may be removed for malfeasance, misfeasance or nonfeasance in office, or for other just cause, by the Court which appointed them, after a hearing held after at least 15 days' notice.
Section 2-3-2 Powers and duties.
[1-3-2023 by Ord. No. 2023.01.03]
(a)
Pursuant to the Code of Virginia, § 15.2-2309, as amended, the BZA shall have the following powers and duties after required notice and hearing as provided in the Code of Virginia, § 15.2-2204, as amended:
(1)
Appeals. 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 as outlined in Article III, Division 2.
(2)
Variance. To authorize upon appeal or original application a variance, as defined in the Code of Virginia, § 15.2-2201, as amended, from the terms of this chapter when the strict application of this chapter would unreasonably restrict the utilization of the property, and such need for a variance would not be shared generally by other properties, and if the applicant proves through a preponderance of evidence that a literal enforcement of the provisions of this chapter will result in unnecessary hardship, provided that the spirit of this chapter shall be observed and substantial justice done.
(3)
Boundary interpretations. To hear and decide applications for interpretation of the district map where there is any 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 the Code of Virginia, § 15.2-2204, as amended, the BZA may interpret the map in such way as to carry out the intent and purpose of this chapter for the particular section or district in question.
(b)
The provisions of this section shall not be construed as granting the BZA the power to rezone property, substantially change the locations of district boundaries as established by this chapter, or to base decisions on the merits of the purpose and intent of local ordinances duly adopted by the governing body.
Section 2-3-3 Meetings and procedures.
[1-3-2023 by Ord. No. 2023.01.03]
(a)
The BZA shall adopt such rules and regulations as it may consider necessary.
(b)
Meetings of the BZA shall be held at the call of its Chairperson or at such time as a quorum of the BZA may determine.
(c)
A quorum shall be at least three members. A favorable vote of three members of the BZA shall be necessary to reverse any order, requirement, decision or determination of any administrative official or to decide in favor of the applicant on any matter on which the BZA is required to pass.
(d)
The BZA shall choose annually its own Chairperson and Vice Chairperson. The Vice Chairperson shall act in the absence of the Chairperson and may administer oaths and compel the attendance of witnesses.
(e)
The BZA 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 BZA and shall be public record.
(f)
All meetings of the BZA shall be open to the public.
(g)
The BZA may adopt policies regarding ex parte communication that are in accordance with the Code of Virginia, § 15.2-2308.1.
(h)
Pursuant to the Code of Virginia, § 15.2-2287.1, members are required, prior to or at a hearing on a matter, to make a full public disclosure of any business or financial relationship that such member has, or has had within the twelve-month period prior to such hearing, and shall be ineligible to vote or participate in any way upon the matter.
Section 2-4-1 Creation.
[1-3-2023 by Ord. No. 2023.01.03]
For the purpose of making effective the provisions of the Old and Historic (OH) District, a Historic Preservation Review Board (HPRB) is hereby established and empowered to consider and review all alterations, additions, and changes within the boundaries of the OH District as defined by this chapter (as visible from the public right-of-way unless otherwise noted), whether or not brought before it by an application for a certificate of appropriateness or other permit.
Section 2-4-2 Appointment; terms; and membership.
[1-3-2023 by Ord. No. 2023.01.03; amended 5-1-2023 by Ord. No. 2023.05.01]
(a)
The HPRB shall consist of five members appointed by the Town Council, one of whom shall be a resident of the OH District and all of whom shall have a demonstrated interest, competence, or knowledge in historic preservation. All members must be residents and qualified voters of the Town; provided, the Town Council may in its discretion appoint any nonresident of the Town who is otherwise qualified under this section and holds or is employed by a person or firm holding a current business license issued by the Town.
(b)
At least one HPRB member shall be either a registered architect with a demonstrated interest in historic preservation or an architectural historian meeting the professional qualifications standards of the 36 CFR 61, Appendix A. Similarly, at least one additional HPRB member shall have professional training or equivalent experience in any one of the following disciplines: architecture, history, architectural history, American studies, archaeology, or planning.
(c)
The HPRB members shall be appointed for three-year terms and serve until their respective successors are appointed. If at any time hereafter all five positions on the HPRB are vacant, the HPRB members shall be appointed for three-year staggered terms, one member to serve for one year, two members to serve for two years, two members to serve for three years and all members to serve three-year terms thereafter.
(d)
The Town Council shall have the discretion to appoint members to serve consecutive terms.
(e)
Vacancies caused by death, resignation or otherwise shall be filled:
(1)
Promptly and in any event not more than 90 days following the date on which the vacancy occurs; and
(2)
For the unexpired term in the same manner original appointments are made.
(3)
If after two consecutive terms of a three-year period have been fulfilled and no individual applies or is appointed following a forty-five-day period, the vacant position on the Board may be filled by the same individual who vacated said position for another three-year term. There shall be no more than three consecutive terms.
(f)
The Town Council shall have the discretion to remove members for habitual failure to attend meetings.
Section 2-4-3 Powers and duties.
[1-3-2023 by Ord. No. 2023.01.03]
(a)
The HPRB shall approve, approve with modifications, or deny applications for certificates of appropriateness for the construction, reconstruction, exterior alteration, demolition, or relocation of historic landmarks or structures within the OH District, except as waived under Article III, Division 6. The HPRB shall have the following duties, which it may exercise in its discretion but shall exercise upon direction from Town Council:
(1)
Hear and decide on each project brought before it, to the end that buildings, structures or other resources of historic, architectural, or cultural significance are preserved insofar as they are appropriate and incongruous projects are prohibited.
(2)
See to the enforcement of its decisions through the Administrator and the Town's Inspection Department.
(3)
In reviewing each project, the HPRB must follow the suggestions and requirements of the design review guidelines, as such document now exists and may hereafter be revised and amended by the HPRB.
(4)
Periodically review the design review guidelines in the context of the experience gained since the last review of that kind and make all such revisions that seem, in their judgment, to be necessary or advisable provided that such guidelines shall be consistent with the Secretary of the Interior Standards for Historic Preservation, the purposes intent of the OH District, and with such standards, rules, regulations, and procedures as Town Council may establish. Procedure to modify the design review guidelines includes:
a.
The Town shall circulate the proposed or modified design review guidelines to interested parties and post them on its website for a sixty-day public comment period.
b.
If the HPRB makes any policy changes to the design review guidelines after receiving public comment, a new sixty-day period for public comment shall commence.
c.
The HPRB may vote to develop or modify design review guidelines only after the sixty-day period for public comment.
d.
After the HPRB adopts or modifies the design review guidelines, the Town shall cause them to be published on the Town's website and by other means in its discretion.
(5)
Assist and advise the Town Council, the Planning Commission, other Town departments and agencies, property owners and individuals in matters involving historic resources.
(6)
Review and propose additional areas or structures to be included in or removed from the OH District, Historic District Entrance Corridor Overlay District, or designated as a historic landmark.
(7)
From time to time conduct, or cause to be conducted, a survey of historic resources.
(8)
Upon request of the Town Council, conduct studies deemed necessary to consider additional historic districts or subdistricts, and means of preservation and utilization of historic assets in the Town.
(9)
Cooperate with, and enlist assistance from, the Virginia Department of Historic Resources, the National Trust for Historic Preservation, and other interested parties, both public and private, in its efforts to preserve, restore, and conserve historic sites, landmarks, buildings, and structures within the Town.
Section 2-4-4 Meetings and procedures.
[1-3-2023 by Ord. No. 2023.01.03]
(a)
The HPRB shall adopt and make available for public inspection written bylaws for procedural matters, written notice of public meetings, and other matters not covered by this article that include at a minimum:
(1)
Provision for regularly scheduled meetings at least four times a year;
(2)
A requirement that a quorum be present to conduct business;
(3)
Rules of procedure for considering applications;
(4)
A requirement for written minutes for all meetings;
(5)
Minimum attendance requirements for all Board members; and
(6)
Requirements that Board members attend training sessions.
(b)
The HPRB shall elect its Chairperson and Vice Chairperson from its membership. In the absence of the Chairperson the Vice Chairperson shall preside.
(c)
The Chairperson shall conduct the meetings in accordance with its written bylaws and all applicable provisions of the Code of Virginia, 1950, as amended.
(d)
The Administrator, or designee, shall serve as Secretary and shall keep and make available for public inspection the minutes of the meetings and a permanent record of all resolutions, motions, transactions, and decisions, including exemptions from review by the HPRB.
(e)
Each member is required to attend at least one informational or educational meeting per year which has been approved by the State Department of Historic Resources as pertaining to the work and functions of the Board or historic preservation.
(f)
A quorum of three members present is required before the HPRB may take any official action.
(g)
Each member of the HPRB shall have the right to one vote on each issue, to be exercised in person at a meeting and not by proxy, and the decision of the majority shall be final, subject only to the rights of appeal set out in this chapter.
(h)
Each meeting shall be open to the public and an agenda shall be made available to the public prior to the meeting.
(i)
The Administrator shall serve as advisor to the Board. In addition, when adequate review of any proposed action would normally involve a professional discipline not represented on the Board, the Board must seek and secure appropriate professional advice before rendering its decision on the particular action.
Section 2-5-1 Authority.
[1-3-2023 by Ord. No. 2023.01.03]
(a)
As authorized by the Code of Virginia, § 15.2-2286(A)(4), as amended, the Administrator or designee shall be responsible for enforcing the provisions of this chapter. As provided in Article I, conformity with this chapter is required.
(b)
Failure to comply with the requirements of this chapter constitutes a violation thereof and is declared to be unlawful.
(c)
Any person who knowingly makes any false statements, representations or certifications in any record, report, or other document, either filed or requested pursuant to this chapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required or used by the Administrator under this chapter in monitoring discharges, shall be guilty or liable of this article.
Section 2-5-2 Complaints and inspection.
[1-3-2023 by Ord. No. 2023.01.03]
(a)
Any person who alleges that violation of this chapter has occurred may file a complaint with the Administrator or designee. Such complaint shall stipulate the cause and basis thereof and the location of the alleged violation.
(b)
The Administrator or designee shall properly record the complaint, investigate the facts thereof, and take action thereon as provided by this chapter.
(1)
An investigation letter to identify if a violation exists, including specific dates by which the potential violator must respond, shall be issued. The Administrator may enter upon or inspect any land or structure to ensure compliance with the provisions of this chapter, after requesting and receiving approval of the landowner to enter upon land for these purposes. If consent is not given by the landowner, the Administrator may enter upon land in accordance with the Code of Virginia, § 15-2.2286(A)(16), as amended.
Section 2-5-3 Investigation letter, notice of violation, correction plan and stop-work order.
[1-3-2023 by Ord. No. 2023.01.03]
(a)
Upon completion of investigation and becoming aware of any violation of the provisions of this chapter, the Administrator may issue a written investigation letter, notice of violation and/or a stop-work order to the person committing or permitting the violations.
(b)
An investigation letter indicates the Administrator has identified a potential violation and asks the violator to respond to the Administrator to determine if a violation has occurred and if so, what corrections will be made.
(c)
A correction plan, if a violation exists, including potential remedies shall be provided by the violator within a reasonable time. The letter shall also provide the basis by which the defects shall be corrected and respected. This letter shall be reviewed for accuracy and an agreement established with the violator. If agreement is not established the Administrator will provide a notice of violation.
(d)
A notice of violation shall be issued to the violator (owner or tenant) for any uncorrected violation remaining from a correction notice by registered or certified mail or hand delivered.
(e)
Further action may not be required for corrected violations. However, the Administrator may request legal proceedings be instituted for prosecution when a responsible party is served with three or more separate notices of violation for the same property within five consecutive years.
(f)
Stop-work orders may be issued and posted at the property when any work subject to a certificate of appropriateness is started without authorization by the Administrator as provided in Article III of this chapter. Any such stop-work order shall remain in effect until the party proposing to do the work secures appropriate authorization. The party subject to the stop-work order may appeal the action of the Administrator to the HPRB.
Section 2-5-4 Violations and penalties.
[1-3-2023 by Ord. No. 2023.01.03]
Upon becoming aware of any violation and making a determination of validity of any of the provisions of this chapter, the Administrator may institute appropriate action or proceedings if the violation is not corrected as permitted by law, including injunction, abatement to restrain, correction, or abatement pursuant to Code of Virginia, §§ 15.2-2286 and 15.2-2209.
Section 2-6-1 Fees and expenses.
[1-3-2023 by Ord. No. 2023.01.03]
(a)
The Town Council shall establish, by ordinance, a Schedule of Fees, charges and expenses, and collection procedures for zoning permits, special use permits, variances, appeals, amendments, site plan reviews, and other matters pertaining to this chapter.
(b)
The Schedule of Fees shall be available for inspection in the office of the Administrator and may be altered or amended by the Town Council by ordinance amendment.
Section 2-6-2 Delinquent taxes and charges.
[1-3-2023 by Ord. No. 2023.01.03]
Pursuant to the Code of Virginia, § 15.2-2286(B), as amended, prior to the initiation of an application or appeal, the applicant shall produce satisfactory evidence that any delinquent real estate taxes, nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on the subject property that are owed to the Town have been paid in full, unless otherwise authorized by the Treasurer.