Abingdon, VA Zoning Ordinance

The Administrator shall establish minimum standards for submission requirements of all applications associated with this chapter. Applications shall contain all information required to meet the minimum standards.

Upon written request by an applicant, the Administrator or their agent may waive or modify a submission requirement or requirements upon a determination that the information is not necessary to evaluate the merits of the application.

Additional information may be required as deemed reasonably necessary by the Administrator.

Section 3-1-3 Forms.

[1-3-2023 by Ord. No. 2023.01.03]

Petitions or applications for amendments (to this chapter or Official Zoning Map), variances, special uses, or zoning permits, and any other request requiring action shall be made on forms provided by the Town.

Section 3-1-4 Ownership disclosure.

[1-3-2023 by Ord. No. 2023.01.03]

An applicant must disclose all equitable ownership of the real estate included in an application. In the case of corporate ownership, the name of stockholders, officers and directors shall be provided, and in any case the names and addresses of all of the real parties of interest in accordance with the Code of Virginia, § 15.2-2289, as amended.

Section 3-1-5 Oath required.

[1-3-2023 by Ord. No. 2023.01.03]

Petitions or applications for amendments (to this chapter or Official Zoning Map), variances, or special use, shall be sworn to under oath before a notary public, or other official before whom oaths may be taken.

Section 3-2-1 In general.

[1-3-2023 by Ord. No. 2023.01.03]

Pursuant to the Code of Virginia, § 15.2-2286(7), as amended, whenever public necessity, convenience, general welfare, or good zoning practice requires, the Town Council may, from time to time, amend, supplement or change, by ordinance, the boundaries of the districts or the regulations established in this chapter. Such change shall require a majority vote of the Town Council.

Section 3-2-2 Standards and procedures.

[1-3-2023 by Ord. No. 2023.01.03]

Initiation of change.

Pursuant to the Code of Virginia, § 15.2-2286(7), as amended, any amendment to this chapter or the Zoning Map may be initiated by:

Resolution of the Town Council.

Resolution of the Planning Commission; or

Petition of the owner, contract purchaser with the owner's written consent, or the owner's agent therefor, of the property which is the subject of the proposed Land Use chapter amendment or Zoning Map amendment (rezoning), addressed to the Town Council or the local Planning Commission, who may forward such petition to the Town Council.

Applications for Zoning Map amendment, including conditional zoning requests, shall be accompanied by three paper copies and one digital file of a preliminary site plan. The preliminary site plan shall include all items required in Section 3-7-3, Preliminary site plan specifications and contents.

In lieu of a preliminary site plan the applicant, at their risk, may submit a final site plan and through written request ask for concurrent approval of the application and final site plan.

The request for initiation of a Zoning text amendment shall be accompanied by proposed language changes.

Identify the specific section(s) number(s) of the Land Use chapter sought to be amended.

Provide the text requested to be repealed or added.

State the reason for the proposed text change.

Provide evidence if the proposed change corrects an error or inappropriate standard or is required due to a higher law.

If the application proposes a change in a zoning classification or map boundaries, there shall be attached the items required in Section 3-2-2(a)(2) above.

Any additional information as deemed reasonably necessary by the Administrator.

Standards for review.

Once the application is submitted in accordance with Division 1 of this article and has been determined to be complete, the Town shall evaluate the application and may request that the applicant make revisions, as necessary.

The application for a Zoning Map or Land Use chapter amendment shall be referred to the Planning Commission for public hearing and recommendation. A public hearing is required for a Zoning text or Map amendment in accordance with Section 3-11-1.

The Planning Commission shall advise the Town Council within 100 days from the public hearing. If after 100 days no recommendation has been made, the governing body shall assume that the Planning Commission concurs with the applicant and supports amending this chapter, and the Town Council shall thereafter take any action it deems appropriate, unless the applicant requests an extension and the Planning Commission votes to grant such an extension for a defined period not to exceed a total of 180 calendar days from the date of the public hearing. A public hearing is required for a Zoning text or Map amendment in accordance with Section 3-11-1.

All motions, resolutions, or petitions for amendment to this chapter and/or Zoning Map shall be acted upon and a decision made within such reasonable time as may be necessary which shall not exceed 12 months unless the applicant requests or consents to action beyond such period or unless the applicant withdraws his motion, resolution, or petition for amendment to the Land Use chapter or Map, or both, otherwise, the amendment shall be deemed approved.

In determining what, if any, amendments to this chapter or the zoning district map are to be adopted, the governing body may consider, but is not limited to:

Consider the proper relationship of such amendment to the entire zoning plan.

Consider the integrity and validity of the zoning districts described in this chapter.

Avoid isolated, unplanned spot-zoning changes in the zoning district map.

Recognize that a certain element of stability is desirable in land use controls, but conditions and standards will change.

Consider the right of all citizens to be treated reasonably.

Evaluate all changes based on the Comprehensive Plan and a comprehensive analysis of community conditions.

The Administrator shall cause the Zoning Map to be updated as frequently as necessary to ensure that zoning data shown thereon are both accurate and current. Accordingly, all changes affecting the Zoning Map that are approved by the Town Council shall be entered onto the official Zoning Map within 60 days following the approval of such changes. After updating sections of the Zoning Map, working prints of any updated section thereof, upon which modifications have been made, shall be inserted into all sets of the Zoning Maps that are used for public viewing and administration, including those in the office of the Clerk.

Section 3-3-1 Purpose and intent.

[1-3-2023 by Ord. No. 2023.01.03]

The purpose of conditional zoning is to provide a method for permitting the reasonable and orderly development of land with reasonable conditions governing the use and development of such property. The intent of this division is to enable the reasonable proffering of conditions and acceptance by the Town of Abingdon, as authorized under the Code of Virginia, §§ 15.2-2296 through 15.2-2303.4.

Section 3-3-2 In general.

[1-3-2023 by Ord. No. 2023.01.03]

Reasonable conditions may voluntarily be proffered by the owner of the property which protect the community when combined with existing Land Use chapter district regulations.

The exercise of authority shall not be construed to limit or restrict powers otherwise granted nor to affect the validity of any ordinance adopted by the Town.

The provisions of this article shall not be used for the purpose of discrimination in housing.

Section 3-3-3 Effect of condition; period of validity.

[1-3-2023 by Ord. No. 2023.01.03]

Upon the approval of any such rezoning, all conditions proffered and accepted by the Town shall be deemed a part of the approval and nonseverable and shall remain in force and effect until amended or varied by the Town Council.

All such conditions shall be in addition to the regulations provided for in the zoning district to which the land is rezoned.

Section 3-3-4 Record of conditional zoning.

[1-3-2023 by Ord. No. 2023.01.03]

Each conditional rezoning shall be designated on the Zoning Map by an appropriate symbol designed by the Administrator.

The Administrator shall keep and maintain a conditional zoning index which shall be available for public inspection.

The Administrator shall update the index annually and no later than November 30 of each year.

Section 3-4-1 Purpose and intent.

[1-3-2023 by Ord. No. 2023.01.03]

A use requiring a special use permit is a use that may be appropriate in a zoning district, but because of its nature, extent, and external effects, requires special consideration of its location, design, extent and methods of operation before it can be deemed appropriate in the district and compatible with its surroundings. The purpose of this division is to establish procedures and standards for review and approval of special use permits that provide for such special consideration.

Section 3-4-2 Applicability.

[1-3-2023 by Ord. No. 2023.01.03]

A special use permit is required for development of any use designated in Article VI, Use Permissions, Tables 6.4 and 6.5, as a use requiring a special use permit in accordance with this division and pursuant to the Code of Virginia, § 15.2-2286.

Section 3-4-3 Standards and procedures.

[1-3-2023 by Ord. No. 2023.01.03]

In addition to the general application requirements supplied in Division 1 of this article, the applicant must provide information and data to:

Demonstrate that the proposed use, when complemented with additional measures, if any, will be in harmony with the purposes of the specific district in which it will be placed.

Demonstrate that there will be no undue adverse impact on the surrounding neighborhood in terms of public health, safety or general welfare and show measures to be taken to achieve such goals.

Show that the proposal meets the applicable specific and general standards required by this article.

Special use permits within the OH District must be reviewed by the HPRB for any architectural changes to the structure. If a special use permit does not have changes to the structure, review by the HPRB is not required.

Special use permits in all other districts must be accompanied by three paper copies and one digital copy of a preliminary site plan and supporting documents for review and approval by the Planning Commission and Town Council.

In lieu of a preliminary site plan the applicant, at their risk, may submit a final site plan and through written request ask for concurrent approval of the application and final site plan.

Standards for review.

The community development department of the Town shall review any application requesting a special use permit in the light of the standards set forth in this chapter and shall make a report of its findings and recommendations to the Planning Commission. A public hearing is required for a special use permit in accordance with Section 3-11-1.

All special use permits shall be referred to the Planning Commission for study and recommendations. The Planning Commission shall review and make recommendations to the Town Council concerning approval or disapproval of the application of a special use permit based upon the review of the site plan for the proposed development and upon the criteria set forth in this chapter. The Planning Commission will determine whether all conditions necessary to meet the requirements of such special use exist and state these conditions in its recommendations.

The Town Council may grant an applicant a special use permit after notice is given as noted in Division 11 of this article and in accordance with the Code of Virginia, § 15.2-2204, as amended. Additionally, the Town Council may attach such conditions to its approval as it deems necessary to bring the plan of development into conformance with the purposes and standards of this chapter. A public hearing is required for a special use permit in accordance with Section 3-11-1.

The Planning Commission may concurrently approve the final site plan subject to the Town Council's approval of a special use permit and subject to the necessary amendments to the site plan as a result of the Town Council action.

Section 3-4-4 Effect of decision; period of validity.

[1-3-2023 by Ord. No. 2023.01.03]

A special use permit authorizes only the particular use(s) and associated development that is approved and shall not ensure that the development approved through said permit shall receive subsequent approval for any other necessary applications for permit or development approval. A special use permit, including any approved plans and conditions, shall run with the land and shall not be affected by a change in ownership.

Unless otherwise specified in this chapter or specified as a condition of approval, the height limits, yard spaces, lot area, sign requirements, and other specified standards shall be the same as for other uses in the district in which the special use is located.

Special use permits granted by the Town Council pursuant to the terms of this chapter shall expire 18 months from the date of permit approval in the event the construction of improvements necessary to the use for which the permit was granted has not commenced to a degree that, in the opinion of the Administrator, clearly establishes the intent to utilize the granted special use permit in a period of time deemed reasonable for the type and scope of improvements involved.

Should the use approved by the special use permit cease for any twenty-four-month period during the life of the permit, the special use permit shall become void.

Section 3-4-5 Revocation.

[1-3-2023 by Ord. No. 2023.01.03]

A previously granted special use permit may be revoked if the Town Council determines there has not been compliance with the conditions of the permit. No permit shall be revoked except after notice and hearing as provided in this article.

Section 3-5-1 Purpose and intent.

[1-3-2023 by Ord. No. 2023.01.03]

Pursuant to the Code of Virginia, § 15.2-2309, the purpose of a variance is to allow for a reasonable deviation from the provisions of this chapter regulating the shape, size, or area of a lot or parcel of land or the size, height, area, bulk, or location of a building or structure when the strict application of this chapter would unreasonably restrict the utilization of the property, other relief or remedy is not available, such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the purpose of this chapter.

Section 3-5-2 Standards and procedure.

[1-3-2023 by Ord. No. 2023.01.03]

Authority.

Pursuant to the Code of Virginia, § 15.2-2309(2) and (6), the Board of Zoning Appeals is authorized to review petitions for a variance, provided that the burden of proof shall be on the applicant for a variance to prove by a preponderance of the evidence that the application meets the standard for a variance and the criteria set out in this chapter.

The Board of Zoning Appeals may approve, approve with conditions deemed necessary in the public interest, including limiting the duration of a permit, requiring a guarantee or bond to ensure the conditions will be complied with, or deny an application for a variance permit in accordance with the procedures and standards of this article. A public hearing is required for a variances in accordance with Section 3-11-1.

Applications for a variance shall be accompanied by three paper copies and one digital copy of a preliminary site plan. The preliminary site plan shall show the items required in Section 3-7-3, Preliminary site plan specifications and contents.

After application is made as required in Division 1 of this article, the Administrator shall also transmit a copy of the application to the local Planning Commission, which shall send a recommendation to the Board of Zoning Appeals or appear as a party at the hearing. A public hearing is required for a variance in accordance with Section 3-11-1.

Standards for review.

Pursuant to the Code of Virginia, § 15.2-2309(2), a variance shall be granted if the evidence shows that the strict application of the terms of this chapter would unreasonably restrict the utilization of the property or that the granting of the variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time of the effective date of this chapter, and:

The property interest for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance;

The granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area;

The condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practical the formulation of a general regulation to be adopted as an amendment to this chapter;

The granting of the variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification of the property; and

The relief or remedy sought by the variance application is not available through the process for modification of a zoning and subdivision ordinance pursuant to the Code of Virginia, § 15.2-2286 at the time of the filing of the variance application.

Section 3-5-3 Effect of decision; period of validity.

[1-3-2023 by Ord. No. 2023.01.03]

Issuance of a variance or special exception shall authorize only the particular variance that is approved. A variance, including any conditions, shall run with the land and not be affected by a change in ownership.

Use or development authorized by the variance shall not be carried out until the applicant has secured all other permits required by this chapter or any other applicable ordinances and regulations of the Town. A variance, in itself, shall not ensure that the development approved through said permit shall receive subsequent approval for any other necessary applications for permit or development approval.

After the BZA has granted a variance, the variance so granted shall lapse after the expiration of one year if no substantial construction or change of use has taken place in accordance with the plans for which such variance was granted, or if the BZA does not specify some longer period than one year for good cause shown.

Section 3-6-1 Purpose and intent.

[1-3-2023 by Ord. No. 2023.01.03]

To protect designated historic properties and historic districts from alterations, deterioration, and demolition, and to ensure that new buildings are compatible with the existing character of the district. HPRB is bound by all other aspects of this chapter unless specifically exempted therefrom.

Section 3-6-2 Applicability.

[1-3-2023 by Ord. No. 2023.01.03]

In accordance with Code of Virginia, § 15.2-2306, as amended, and unless exempted by this section:

No building or structure, historic landmark, or historic structure within the Old and Historic (OH) District and visible from the public right-of-way, including signs, shall be erected, reconstructed, altered, restored, razed, demolished, or moved unless a certificate of appropriateness has been issued by the HPRB or, on appeal, by the Town Council in accordance with this article.

No building or structure, historic landmark, or historic structure within the Historic District Entrance Corridor Overlay (EC) District and visible from the public right-of-way, excluding signs, shall be erected, reconstructed, altered, restored, razed, demolished, or moved unless a certificate of appropriateness has been issued by the Planning Commission or, on appeal, by the Town Council in accordance with this article.

Proposed accessory structures within the OH Districts, which will not be visible from the public right-of-way due to vegetation, shall first obtain a certificate of appropriateness issued by the HPRB or, on appeal, by the Town council in accordance with this article.

No architectural feature of a building or structure within the OH District or EC Cistrict which are subject to public view from any public street, right-of-way or place shall be altered in any way that affects the external appearance of the building or structure, including such items as roofs, chimneys, fences and color changes, unless a certificate of appropriateness has been issued by the HPRB/Planning Commission or, on appeal, by the Town Council in accordance with this article.

Upon written application, the Administrator may determine that certain minor actions involving buildings and structures within the OH District or EC District will have no permanent effect on the character of the district and, by written waivers issued to the parties wishing to take the minor actions, exempt them from review by the HPRB/Planning Commission as outlined in Section 3-6-5, Waiver of requirements.

Section 3-6-3 Standards and procedure.

[1-3-2023 by Ord. No. 2023.01.03]

Applications for such certificates of appropriateness shall be made in writing upon the form provided by the office of the Administrator. Each application must be submitted to the Administrator at least 10 calendar days in advance of the date of the meeting at which the HPRB or Planning Commission is requested to issue a certificate of appropriateness, provided:

If the applicant demonstrates unavoidable hardship because of either availability or standby costs of materials, labor or other goods and services, the HPRB or Planning Commission may in its sole discretion consider the particular application at either a regular or special meeting;

In no event shall the members of the HPRB or Planning Commission consider at any regular or special meeting any matter with respect to which they have been provided with less than 48 hours' advance notice exclusive of weekends and holidays, with full documentation as required in this chapter.

In the case of new construction, extensive exterior alterations or building additions in the OH District or EC District, the applicant shall provide drawings containing sufficient detail to depict the exterior architectural design of the building or structure, list proposed materials, textures and colors and include samples of such materials and colors. The applicant may be requested to provide photographs of the existing structures and any building or structure to be altered, repaired or added to. In addition to any other documentation the reviewing body may request, the applicant must provide, at a minimum, scale drawings depicting the following:

A design of the proposed improvements detailing distances from any new building or improvement to lot lines, streets, alleys, and sidewalks; and

A design of the proposed improvements in relation to existing structures which are located within the same block.

In the case of an owner of a landmark, building or structure within the OH District or EC District who wishes to demolish or move the same, the HPRB or Planning Commission may require the applicant to provide post-demolition or moving plans for the affected site and consider whether such plans would be appropriate to the historic and architectural character of the adjoining properties and the district as a whole.

The requirement of a special use permit for a building or use does not negate the need for a certificate of appropriateness, however, they can be reviewed concurrently.

(e)

Standards for HPRB review within the OH District.

The HPRB shall not consider interior arrangement of the building or structure or features not subject to view from a public street or right-of-way, except they shall review those blocked from view by vegetation. The specifics of the following matters are defined in the Design Review Guidelines:

Exterior architectural features, including but not limited to the type and style of all windows, doors, signs and other appurtenant architectural features or elements which are visible to public view from a public street, right-of-way or place.

The architectural style, general design and arrangement of the building or structure.

Texture, material and color of the building materials employed.

The extent to which the building, structure or use would be harmonious with or obviously incongruous to the old and historic aspect of the surroundings.

In case of a building or structure to be demolished, a primary consideration will be the extent to which its continued existence would tend to protect irreplaceable historic places and preserve the general historic atmosphere of the Town.

The extent to which the building or structure or the use will promote the general welfare of the Town and all citizens by the preservation and protection of historic places and areas.

The extent to which the building or structure is entering a state of disrepair and should be brought into compliance with the design standards.

The HPRB may, by a four-to-one or a unanimous vote, elect to disregard any Design Review Guideline it considers unimportant or inappropriate to a particular project.

(f)

Standards for Planning Commission review within the EC Overlay District and associated projects.

The Planning Commission shall not consider interior arrangement of the building or structure or features not subject to view from a public street, right-of-way or place. In addition to those specified in the design review guidelines, the Planning Commission shall consider the following matters in passing on the appropriateness of a particular project:

The following recommendations are provided for architectural styles and general building characteristics:

Materials, colors and general style of buildings within a development should be coordinated.

Heating and air-conditioning units, ventilation units, and mechanical equipment shall be screened from view from public streets.

Loading docks, trash containers, mechanical equipment and any sites for storage facilities shall be screened from view from public streets.

The effective visual mass of large buildings should be reduced by variations in roofline, building angles, dimension, relief, color, architectural detailing and landscaping.

Design review guidelines. New buildings or exterior alterations to existing structures should include one or a combination of the following materials/methods of construction:

Wood frame (or fiber cement board), with brick, stone, or concrete foundations; brick construction or brick facing; finished concrete block; roof materials of standing seam metal, asphalt shingle, and rubber membrane/parapet for flat roof forms.

Windows should be used to provide interest and surface variations on building elevations. Blank building walls are discouraged for most commercial applications.

The design of gas station canopies, building canopies and other accessory structures should be compatible with the scale, color, materials, and detail of the buildings they serve.

Site walls and retaining walls should be comprised of brick, or concrete; brick facing on a concrete or concrete masonry unit wall is permitted. The use of segmental/modular concrete block is discouraged. Site walls should be considered as part of site terracing in increments; site walls out of proportion with building foundations or the human figure are discouraged.

Roof forms may be single gable, cross gable, gambrel, hip, parapet, or flat forms. Mansard roof forms are not recommended on modern-styled buildings.

Site materials shall be limited to local stone, asphalt, concrete, and exposed aggregate concrete.

Facade colors preferably shall be of low reflectance white, earth tone, muted, subtle, or neutral colors. Building trim may feature brighter colors as an accent material. The use of high-intensity, metallic, fluorescent, day glow, or neon colors are discouraged.

Trademark buildings and related features including signs shall be modified to meet these design standards.

Parking lots will be interconnected on adjacent parcels whenever possible.

10.

Small, landscaped and interconnected parking lots, rather than large, central parking lots shall be encouraged.

11.

Parking lots shall not dominate the image of a site.

12.

Where sidewalks exist adjacent to individual project sites pedestrian access from the sidewalk into individual project sites as well as within sites and between sites shall be provided.

13.

Lighting, landscaping, parking, and sign requirements of Article VIII shall be followed.

14.

The Planning Commission is permitted to reduce the parking space requirement when the interests of the Town are better served.

(g)

If any application is disapproved, the reviewing body shall furnish the applicant with its written decision stating the reasons for disapproval and make recommendations with respect to the appropriateness of design, arrangement, texture, material, color, location, and any other factor on which the disapproval was based.

(h)

If any application is approved to erect, construct, reconstruct, alter, restore, move or demolish a building or structure, a certificate of appropriateness signed by the chairman of the reviewing body shall be issued to the applicant and made available to the Building Official.

After issuing any building permit pertinent to the particular work, the Building Official shall see to it that the work performed and materials employed comply with the terms of the certificate of appropriateness and notify the Administrator upon completion of the authorized work, provided that:

No building permit may be issued in the case of any work requiring a certificate of appropriateness until such certificate is issued; but

The certificate of appropriateness will in no way affect the requirement to comply with other provisions necessary to obtain a building permit.

(i)

Procedure to demolish or move via sale in the OH District.

If the HPRB disapproves any application to demolish or move, the owner may appeal the HPRB's decision as specified in Division 10 of this article. However, in addition to such right of appeal, the owner of an historic landmark, building or structure, the razing or demolition of which is subject to the provisions of this division, shall, as a matter of right, be entitled to raze or demolish such landmark, building or structure, provided that:

The owner has applied to the Town Council for such right;

The owner has, for the period of time set forth below, made and continuously maintained in effect at a price reasonably related to its fair market value, a bona fide offer to sell the landmark, building or structure and the land pertaining thereto to the Town or to any person, firm, corporation, government or agency thereof, or political subdivision or agency thereof, which gives reasonable assurance that it is willing to preserve and restore the landmark, building or structure and the land pertaining thereto; and

No bona fide contract, binding upon all parties thereto, shall have been executed for the sale of such landmark, building or structure and the land pertaining thereto prior to the expiration of the applicable time period set forth in Subsection (i)(1)c2, below, provided:

Notwithstanding the provisions of Division 10 of this article that stay decisions of the Town Council pending appeal, no appeal to the Circuit Court of Washington County, Virginia, by the owner or any other proper party shall affect the owner's right to make a bona fide offer under this section.

Any offer to sell must be made within one year after the date the Town Council renders its final decision as provided in Section 3-6-3(i)(2) below, but thereafter the owner may renew his request to such governing body to approve the razing or demolition of the historic landmark, building or structure.

The time schedule for offers to sell shall be as set forth in Code of Virginia, § 15.2-2306, as amended.

Before making a bona fide effort to sell as provided in Section 3-6-3(i), the owner shall first file an application with the Town Council that contains a statement identifying the property and stating:

The source and amount of the proposed offering price;

The date the offer of sale is proposed to begin;

The name and address of any real estate agents or brokers listing or to list the property;

The exact terms and provisions of the deed to be used in the sale, including a legally sufficient description of the land to be offered and the covenants relating to renovation and restoration of the building or structure situated on the property; and

The proposed advertising measures and measures to assure preservation and renovation by a buyer, provided:

The proposed offering price shall be established by an appraisal prepared at the owner's expense by a licensed real estate appraiser. If the Town Council is uncertain that such price accurately reflects fair market value of the property, the Town may, at its sole expense, hire another licensed real estate appraiser within five working days after receipt of the owner's statement. Within the thirty-day period commencing on the date the Town hires the second appraiser, the appraiser selected by the owner and the appraiser selected by the Town shall:

[a]

Select a third licensed real estate appraiser, whose services shall be paid in equal shares by the owner and the Town; and

[b]

A majority of two of the three appraisers shall establish a price to be recommended to the owner.

If, in the Town Council's judgment, the advertising measures proposed by the owner are inadequate to assure that the offering will reach the maximum possible number of qualified buyers and provide them with a reasonable opportunity to examine the property, the Town Council shall provide the owner with a written response that specifically describes the deficiencies and suggests means whereby they may be corrected. Similarly, if in its judgment the proposed deed fails to comply with the requirements of Section 3-6-3(f), the Town Council may provide the owner with a written response which specifically describes the deficiencies and suggests means whereby they can be corrected.

Within one year following the date the Town Council approves the application to sell under Section 3-6-3(i), the owner shall cause the property concerned to be advertised for sale in accordance with the plans, specifications and procedures specified in the application as it may have been revised by reason of suggestions under Section 3-6-3(i)(2)b above and thereafter continue the advertising in the same manner and to the same extent, with no interruption, until the sooner occurring of the signing of a bona fide contract binding on all parties thereto or expiration of the appropriate time period. If a bona fide contract binding on all parties is signed and closed in accordance with the original application as approved by the Town Council, no further action under this section will be required.

If the appropriate time period expires without the signing of a binding contract, the owner shall file with the HPRB an application for certificate of appropriateness which includes full and complete documentation of the unsuccessful sales effort, including but not limited to:

Formats of all advertisements;

Schedules showing when, where and how the advertisements were employed;

Any listings with real estate agents or brokers and offers received; and

Any fliers or other descriptions of the property prepared pursuant to such listings.

Upon receipt of the owner's application the HPRB shall place the matter on the agenda for its next regularly scheduled meeting and thereafter approve the application if in its judgment the requirements of Section 3-6-3(i) for a bona fide offer and sale have been met. Otherwise, the HPRB shall follow the procedure for a rehearing set out in Section 3-6-3(i)(2) of this chapter pending such approval. In any event, the owner shall have a right of appeal to the Town Council and from the Town Council to the Circuit Court as supplied in Division 10 of this article.

Section 3-6-4 Period of validity.

[1-3-2023 by Ord. No. 2023.01.03]

Certificates of appropriateness granted pursuant to the terms of this chapter shall expire one year from the date of approval in the event the construction of improvements necessary for which the permit was granted has not commenced to a degree that, in the opinion of the Administrator, clearly establishes the intent to utilize the granted certificate in a period of time deemed reasonable for the type and scope of improvements involved.

Should work cease for more than 90 days (subject to extension for good cause demonstrated to the Administrator and excluding any time the use of the certificate of appropriateness is stayed pursuant to appeal or court action) a certificate of appropriateness shall become void.

Section 3-6-5 Waiver of requirements.

[1-3-2023 by Ord. No. 2023.01.03]

Notwithstanding any contrary requirement of this article, the Administrator may review and administratively approve applications for the following exterior changes:

Repainting in a paint scheme that duplicates the existing paint colors.

Replacement of windows that duplicate the existing windows.

Addition, deletion, or relocation of heating and cooling systems, antennas, skylights, or solar panels on the property, provided they be screened per the Design Guidelines or in locations not visible from a street right-of-way.

Addition or deletion of awnings, temporary canopies, window air conditioners or similar appurtenances.

Exterior alterations to existing structures not visible from a public street, right-of-way or determined by the Administrator to have no permanent effect on the character of the district.

Replacement of roof or fence materials that replicate existing materials and/or create uniformity.

Each application for waiver must be on the form provided by the office of the Administrator and documented by appropriate samples of the materials and colors to be used in taking the minor actions.

With respect to each waiver issued hereunder, the Administrator shall see to it through the Town's Inspection Department that the work performed and materials employed comply with the terms of the particular waiver; provided, however:

If the Administrator is uncertain about his authority to grant a waiver or if the Administrator and the applicant cannot agree on changes in any application for waiver, the application shall be referred to the reviewing body at its next regularly scheduled meeting for a decision on the question, which decision shall be final;

If the Administrator denies an application for a waiver, the applicant may appeal the Administrator's decision to the reviewing body, in which case the reviewing body's decision shall be final; and

If a waiver is issued and the work is commenced but in the opinion of the Administrator the work does not qualify for a waiver the Administrator shall order that the work be stopped until the applicant secures a certificate of appropriateness pursuant to Division 6 of this article. In any such case the applicant may appeal to the Commission, whose decision on the question shall be final.

The Administrator shall provide the reviewing body with a copy of any approved waiver at the next regularly scheduled meeting following the date the application was received.

Section 3-7-1 Purpose and intent.

[1-3-2023 by Ord. No. 2023.01.03]

The purpose of this section is to promote the orderly development of certain activities in the Town and to ensure that such activities are developed in compliance with this chapter and other applicable regulations and in a manner harmonious with surrounding properties and in the interest of the general public welfare. More specifically, the site plan shall be used to review:

The project's compatibility with its environment and with other land uses and buildings existing in the area;

To review the ability of the project's traffic circulation system to provide for the convenient and safe internal and external movement of vehicles and pedestrians;

To review the quantity, quality, utility and type of the project's required community facilities; and

To review the location and adequacy of the project's landscape improvements and provision for drainage and utilities.

Section 3-7-2 Applicability.

[1-3-2023 by Ord. No. 2023.01.03]

Pursuant to Code of Virginia, § 15.2-2286(A)(8), as amended, no building permit or zoning permit shall be issued involving construction or exterior modifications to a structure until a final site plan has been issued in accordance with the procedures established herein, with the following exceptions:

Individually developed single-family detached dwellings.

Individually developed two-family dwellings.

Accessory structures or improvements less than 256 square feet in area.

Bona fide agricultural operations and the customary accessory uses and structures associated with bona fide agricultural operations.

Filling and grading operations where the area of land disturbance is less than 10,000 square feet where no impervious structures, surfaces or improvements will be installed and no clearing undertaken.

Repairs of a general nature to existing buildings with no land disturbance.

When a change of use is proposed that requires additional off-street parking or other requirements applicable to the new use, a site plan shall be submitted for review to ensure that the change of use can be accomplished within the regulations of this chapter, except when such requirement is waived as provided in Section 3-7-9, Waiver of requirements.

Section 3-7-3 Preliminary site plan specifications and contents.

[1-3-2023 by Ord. No. 2023.01.03]

The preliminary site plan shall include the following:

The proposed title of the project, the names of the engineer, architect, landscape architect or surveyor, and the name of the developer; and a signature panel(s) for the Director of Community Development, the Town Manager (if required) and the Chairman of the Planning Commission (if required).

The North point, scale, date, and vicinity map.

Existing zoning and zoning district boundaries on the property to be developed and on immediately adjacent properties.

The boundaries of the property or properties involved, all existing property lines, setback lines, existing streets, buildings, watercourses, waterways or lakes, and other existing physical features in or adjoining the project. Those physical features such as watercourses, waterways or lakes on adjoining properties need only be shown in approximate scale and proportion.

Topography of the project area with contour intervals of five feet or less.

The location and size of sanitary and storm sewers, water, gas, telephone, electric and other utility lines, culverts, and other underground structures in or affecting the project, including existing and proposed facilities and easements for these facilities. In the case of Town-owned utilities, such information shall be provided to the applicant by the Town Director of Public Works.

(7)

The location, dimensions, and character of construction of proposed streets, alleys, loading area (including numbers of parking and loading spaces), outdoor lighting systems, storm drainage and sanitary facilities, sidewalks, curbs and gutters, and all curb cuts. Where necessary to meet the purposes and intent of this article, such information shall be provided for the site itself and for an area within 50 feet of any property line of the site, except that additional area may be required to be shown to indicate connections or proposed connections to major utilities.

(8)

The location of all proposed buildings and structures, accessory and main, showing the number of stories and height, dwelling type, major excavations, and the total square footage of the floor area by proposed use.

(9)

The location, height, type and material of all fences, walls, screen planting and landscape details of all buildings and grounds.

(10)

The location of all trees existing on the site prior to construction with a caliper of eight inches or greater. The site plan shall show wooded areas which shall be designated by symbols coincident with the area of trees and an indication of which trees are to be retained and which are to be removed.

(11)

The proposed location and character of nonresidential uses, commercial and industrial uses, accessory and main.

(12)

The location, character, size, height, and orientation of proposed signs as proposed to be erected in accordance with Article VIII of this chapter; and elevations of buildings showing signs to be placed on exterior walls. Signs which are approved in accordance with this section shall be considered a part of the approved site plan. Thereafter, signs shall not be erected, painted, constructed, structurally altered, hung, rehung or replaced except in conformity with the approved site plan. Any changes in signs from the approved site plan, or any additions to the number of signs as shown on the site plan, shall be allowed only after amendment of the site plan by the Director of Community Development and/or the Planning Commission.

(13)

The proposed nature and manner of grading the site, including proposed treatment of slopes in excess of 10% to prevent soil erosion and excessive runoff. In cases where an erosion and sedimentation control permit is required, the necessary plans and data shall be submitted as required in the Town of Abingdon Erosion and Sedimentation Control Ordinance.[1] In all other cases, soil erosion control measures shall be shown on the site plan.

[1]

Editor's Note: See also Ch. 30, Art. IV, Erosion and Sediment Control.

(14)

The location and screening materials for dumpsters or other outdoor trash receptacles.

(15)

The location and dimensions of proposed recreation areas, open spaces and other required amenities and improvements.

(16)

A tabulation of the total number of acres in the project and the percentage and acreage thereof proposed to be allocated to the several dwelling types, any nonresidential uses, off-street parking, green areas, streets, parks, schools and other reservations.

(17)

A tabulation of the total number of dwelling, commercial or industrial units of various types in the project and the overall project density in dwelling, commercial or industrial units per gross acre.

(18)

The proposed and required off-street parking and loading areas, including parking and access for the handicapped as specified in the Virginia Uniform Statewide Building Code, as amended.[2]

[2]

Editor's Note: See Code of Virginia, § 36-97 et seq.

(19)

The location of any grave, object or structure marking a place of burial.

(20)

The approximate limit of the 100-year floodplain, any drainage district, mapped dam break inundation zone.

(21)

A plan or report indicating the extent, timing and estimated cost of all off-site improvements, such as roads, sewer, and drainage facilities deemed necessary to construct the proposed development, and the extent, timing and estimated cost of all facilities deemed necessary to serve the development such as schools, libraries and police substations. This plan or report shall relate to the sequence of the development schedule if the development is to be constructed in stages or units.

(22)

Any additional information as required by the Administrator necessary to evaluate the character and impact of the proposed project.

In addition, a site plan for a Planned Technology District (PTD) or Planned Unit Development (PUD) shall include:

A general statement of planning objectives to be achieved by the PTD district, including a description of the character of the proposed development, the existing and proposed ownership of the site, the market for which the development is oriented and intentions with regards to any specific human-made and natural characteristics located on the site.

General information on the trip generation, ownership, maintenance and construction standards for proposed streets should be included. The Administrator or the director of public works may require a traffic impact study.

A proposed use that generates 100 or more trips during the peak hour for that use shall be required to submit a full traffic impact study. See Table 3.7.3 below for examples of uses that trigger a full traffic impact study.

A traffic impact study may also be required at the discretion of the Public Works Department where site conditions indicate any potential issues.

Table 3.7.3 Example Uses with 100 Trip-Ends Per Hour
Land Use	Threshold (> 100 vph)
Day care	7 per 1,000 square feet gross floor area
Dwelling, multifamily	140 dwelling units
Dwelling, single-family	90 dwelling units
Educational facility	30 per 1,000 square feet gross floor area
Gasoline station	6 fueling positions
Hospital	50 per 1,000 square feet gross floor area
Hotel	160 rooms
Manufacturing	130 per 1,000 square feet gross floor area
Office, general	60 per 1,000 square feet gross floor area
Religious assembly	70 per 1,000 square feet gross floor area
Restaurant (fast-food)	2 per 1,000 square feet gross floor area
Store	5 per 1,000 square feet gross floor area
Warehouse	95 per 1,000 square feet gross floor area

Proposed deed covenants, restrictions, or other constraints to be imposed upon the purchasers of such properties.

A plat as required for preliminary plat approval by Article X, Subdivision, of this chapter the Town Code of Abingdon

Phasing of the project if approved as such.

Section 3-7-4 Final site plan specifications and contents.

[1-3-2023 by Ord. No. 2023.01.03]

General specifications.

Separate final site plans shall be submitted for each development stage or unit as planned or set forth in the approved preliminary site plan.

A final site plan for a particular development stage or unit other than the first, shall not be approved until the final site plan has been approved for the immediately preceding stage or unit.

Six paper copies and one digital copy of the final site plan shall be provided to the Administrator.

Contents. The final site plan shall comply with the preliminary site plan specifications in Section 3-7-3 above, and shall in addition show the following, unless the Administrator may determine that some of the following information is unnecessary due to the scope and nature of the development proposed:

Included with the site plan shall be documentation of all existing permits and applications relevant to the parcel, including, but not limited to, Health Department permits for all wells and septic drain fields; all existing zoning permits and zoning applications; applications for rezoning, special use permits, and zoning variances and evidence of all wetlands permits required by federal, state, and local laws and regulations applicable to the site, lot or parcel.

All of the features required on the preliminary plan with sufficiently accurate dimensions, construction specifications and computations to support the issuance of zoning and construction permits.

When the development is to be constructed in stages or units, a final sequence of development schedule showing the order of construction of such stages or units, an approximate completion date for the construction of each stage or unit, and a final cost estimate of all improvements within each stage or unit.

A copy of all covenants, restrictions, and conditions pertaining to the use, maintenance and operation of all open space areas.

Any additional requirements as determined by the Administrator.

Section 3-7-5 Site plan review process.

[1-3-2023 by Ord. No. 2023.01.03]

Site plan submission. Unless otherwise provided in another article of this chapter, every site plan required by this article shall be submitted to the Administrator who shall take the following actions:

Determine if the plan must be approved by Planning Commission and/or HPRB. Place the plan and application on the agenda of the Planning Commission and the HPRB as required by this chapter and arrange for public notices as outlined in Division 11 of this article.

Preliminary Plans for special use permits within the OH District or EC District must be approved by HPRB and Planning Commission respectfully. Site plan approval does not negate the need for a certificate of appropriateness as outlined in Division 6 of this article.

All final plans required under Section 3-7-2, are approved by the Planning Commission.

Review the plans for conformity with applicable development regulations supplied in this chapter, any approved preliminary site plans for the site, and the Code of Virginia.

Plans will be provided to other relevant Town departments for written comment.

The Administrator shall notify the applicant of the action taken with respect to the final site plan, which may include approval, approval subject to conditions or disapproval.

Pursuant to Code of Virginia, § 15.2-2259, the final site plan shall be approved or disapproved within 60 days after it has been officially submitted for approval. If disapproved the reasons for disapproval shall be identified by reference to specific duly adopted ordinances, regulations, or policies and shall identify, to the greatest extent practicable, modifications or corrections that will permit approval of the plan.

Pursuant to Code of Virginia, § 15.2-2259, the final site plan that is previously disapproved but has been modified, corrected, and resubmitted shall be acted on within 45 days of resubmission.

Section 3-7-6 Amendment of site plans.

[1-3-2023 by Ord. No. 2023.01.03]

If it becomes necessary for an approved site plan to be changed, the Administrator may, at the applicant's request, administratively approve an amendment to the site plan if the change or amendment does not:

Alter a recorded plat;

Conflict with specific requirements of this chapter;

Change the general character or content of an approved development plan or use;

Have an appreciable effect on adjoining or surrounding property;

Result in any substantial change of external access points;

Decrease the minimum specified yard and open spaces;

(7)

Substantially change architectural or site design features; and

(8)

Amendments, such as but not limited to, the elimination of any use shown or the addition of any use not shown on the preliminary site plan or any increase or decrease in the density of the development, shall require resubmission of the preliminary site plan.

If amendments to a site plan do not comply with administrative approval, then the amendment request and a new site plan must be drawn and submitted for review and action in accordance with this division.

If the Administrator fails to act on a request for a minor amendment to the site plan within 15 calendar days, it shall be considered approved.

Section 3-7-7 Compliance with approved site plan required.

[1-3-2023 by Ord. No. 2023.01.03]

It shall be unlawful for any person to construct, erect or substantially alter any building or structure, or develop, change, or improve land for which a site plan is required, except in accordance with an approved site plan. Deviation from an approved site plan without the written approval of the Administrator shall void the site plan and require submission of a new site plan for approval.

No permit shall be issued for any structure in any area covered by the site plan that is required under the provisions of this article except in conformity with such site plan which has been duly approved.

The Building Official shall be responsible for enforcing the requirements as set forth in the final approved site plan, before issuance of a certificate of occupancy, and shall give written notice to the Administrator that the site plan has been completed before issuing the certificate of occupancy.

Where structures are completed and ready for occupancy prior to the completion of all improvements required by the site plan, the owner may provide bond with surety adequate to guarantee the completion of site plan and upon providing of such bond with surety as agreed upon by the Town Manager, a permit may be issued for the occupancy of those structures already completed.

The Town Manager is authorized to accept, instead of corporate surety, letter of credit, joint savings account or other like surety. In any case in which any other escrow agent (such as an attorney for a mortgage lender) is holding funds to ensure compliance with the terms or other regulations or agreements and such funds are in an amount sufficient to ensure compliance with the terms of other regulations and agreements, the Town Manager shall become a party to such other escrow agreement as escrow agent for the Town; provided that such other escrow agreement contains provisions satisfactory to the Town Manager to ensure compliance with the requirements of such site plan and this chapter.

A formal development agreement may be required to allow for occupancy. The development agreements should include:

Improvements not complete;

Type of surety;

Copies of all sureties;

Timeline for completion; and

Penalty for not abiding by the agreed upon terms.

Section 3-7-8 Period of validity.

[1-3-2023 by Ord. No. 2023.01.03]

If no final site plan is submitted within 12 months of the approved preliminary site plan and construction has not begun within the time period approved by the Town Council, the preliminary site plan approved shall lapse and be of no further effect. In its discretion and for good cause, the Town Council may, upon receipt of written request, extend the period required to submit a final plan.

In accordance with Code of Virginia, § 15.2-2261, as amended, approval of a final site plan submitted under the provisions of this article shall expire five years after the date of such approval unless building permits have been obtained for construction in accordance therewith.

The application for and approval of minor modifications to an approved site plan shall not extend the period of validity of such plan and the original approval date shall remain the controlling date for purposes of determining validity.

Section 3-7-9 Waiver of requirements.

[1-3-2023 by Ord. No. 2023.01.03]

The Administrator or the Town Manager may waive the requirements for the site plan review for additions to existing buildings, structures or uses, if, in their opinion, such addition does not substantially affect the requirements of this chapter.

Section 3-8-1 Applicability.

[1-3-2023 by Ord. No. 2023.01.03]

No building or other structure shall be erected, moved, expanded, structurally altered, nor shall any building, structure, or land be established or changed in use without the owner or owners first obtaining a zoning verification issued by the Administrator verifying that the building, structure or use complies with the requirements of this chapter.

No business license shall be issued without obtaining a zoning verification that the use is allowed in the district.

No such zoning verification shall be issued for a building, structure or use unless such complies with the provisions of this chapter, or a special use permit authorizing an exception, variance, or written order from an appeal has been approved as provided by this chapter.

Section 3-8-2 Procedure and standards.

[1-3-2023 by Ord. No. 2023.01.03]

Zoning verification applications shall be reviewed using the procedures and minimum submission requirements established by the Administrator.

Each application for a zoning verification (if required) shall be accompanied by two copies of a scale drawing or plan as required by the Administrator showing, with dimensions, the lot lines, the building or buildings, the location of buildings on the lot including setback measurements from each property boundary, and such other information as may be necessary to provide for the enforcement of these regulations. The drawing or plans shall contain suitable notations indicating the proposed use of all land and buildings. If determined necessary by the Administrator in a specific case, a boundary survey and a staking of the lot by a competent surveyor and complete construction plans shall be required.

If the proposed building or use is in conformity with the provisions of this chapter, a zoning verification shall be issued to the applicant by the Administrator.

A zoning verification shall not ensure that the development approved through said permit shall receive subsequent approval for any other necessary permits or development approvals as otherwise required.

Section 3-9-1 Purpose and intent.

[1-3-2023 by Ord. No. 2023.01.03]

In administering, interpreting and enforcing this chapter, the Administrator shall provide a written response to persons who have filed a specific request in writing for a decision or determination on zoning matters within the scope of the Administrator's authority.

Section 3-9-2 Procedure and standards.

[1-3-2023 by Ord. No. 2023.01.03]

The Administrator's response shall be provided within 90 days of the date of the request, unless the requestor agrees to a longer period of time.

When the requestor is not the owner or the owner's agent of the property subject to the request, the Administrator in accordance with the Code of Virginia, § 15.2-2204(H), as amended, shall provide written notice within 10 days of receipt of the request to the owner of the property at the owner's last known address as shown on the Town's real estate assessment records.

The Administrator's written decision or determination shall include a statement informing the recipient of the right to appeal the decision as provided in Division 10 of this article.

Section 3-10-1 Appeals of Administrator determinations and decisions.

[1-3-2023 by Ord. No. 2023.01.03]

Pursuant to the Code of Virginia, § 15.2-2311, an appeal to the BZA may be taken by any person aggrieved or by any officer, department, board, or bureau of the Town affected by any decision of the Administrator or from any order, requirement, decision, or determination made by any other administrative officer in the administration or enforcement of this chapter.

Such appeal shall be taken within 30 days after the decision appealed from by filing with the Administrator, and with the BZA, a notice of appeal specifying the grounds thereof. The Administrator shall forthwith transmit to the BZA all the papers constituting the record upon which the action appealed from was taken.

A decision or interpretation of the Administrator shall be presumed correct and may not be reversed or modified unless there is evidence in the record that the decision is not correct, based on the relevant procedures and review standards of this chapter.

The BZA shall fix a reasonable time for a public hearing of an appeal, provide due notice thereof as provided in Division 11 of this article, and decide the same within 90 days of the filing of the appeal, unless a longer period of time is consented to by the applicant.

Section 3-10-2 Appeals to Board of Zoning Appeals procedure.

[1-3-2023 by Ord. No. 2023.01.03]

Pursuant to the Code of Virginia, § 15.2-2312, procedures for submitting an appeal shall be as follows:

Mailing procedure. Appeals shall be mailed from the applicant seeking appeal to the BZA in care of the Administrator, and a copy of the appeal shall be mailed to the secretary of the Planning Commission. A third copy should be mailed to the individual, official, department, or agency concerned, if any.

Hearing. The BZA shall fix a reasonable time for the hearing of an appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within 90 days of the filing of the appeal.

Decisions. In exercising its powers, the BZA may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from. In any appeal, if a BZA's attempt to reach a decision results in a tie vote, the matter may be carried over until the next scheduled meeting at the request of the person filing the appeal.

Section 3-10-3 Appeals concerning certificates of appropriateness.

[1-3-2023 by Ord. No. 2023.01.03]

An appeal from the HPRB or Planning Commission decision on a certificate of appropriateness to the Town Council may be filed:

Whenever an application for a certificate of appropriateness has been disapproved any person shall have the right to appeal and be heard before the Town Council, which may affirm, reverse or modify the decision, in whole or in part; provided, any person wishing to appeal must file with the Town Manager within 30 calendar days after the final decision a written notice of intention to appeal which states the reasons for appeal. Upon receipt of such notice the Town shall schedule, advertise, and hold a public hearing as required by the Code of Virginia, § 15.2-2204, as amended.

Whenever the HPRB or Planning Commission shall approve an application for a certificate of appropriateness any opponents shall have the right to appeal and be heard before the Town Council, which may affirm, reverse or modify the decision, in whole or in part; provided, any person wishing to appeal must file with the Town Manager within 30 calendar days after the final decision a written notice of intention to appeal which states the reasons for appeal and a written petition, signed by at least 10 individuals registered to vote in the Town. Upon receipt of such notice and petition the Town shall schedule, advertise, and hold a public hearing as required by the Code of Virginia, § 15.2-2204, as amended. Any person to whom a certificate of appropriateness has been issued may commence work within the thirty-day period provided for notice of appeal, but at that person's sole risk.

Section 3-10-4 Appeals of Board of Zoning Appeals, Planning Commission, or Town Council.

[1-3-2023 by Ord. No. 2023.01.03]

Pursuant to the Code of Virginia, §§ 15.2-2314 and 15.2-2285, as amended, any person jointly or severally aggrieved by any decision of the BZA, Planning Commission, or Town Council or any taxpayer or any officer, department, board or bureau of the Town may appeal the decision to the Circuit Court of Washington County.

A petition specifying the grounds on which the applicant is aggrieved must be submitted 30 days after the filing of the decision in the office of the BZA.

Section 3-10-5 Construction in violation without appeal to the Board of Zoning Appeals.

[1-3-2023 by Ord. No. 2023.01.03]

Pursuant to the Code of Virginia, § 15.2-2313, construction of a building with a valid building permit deemed in violation of this chapter may be prevented, restrained, corrected, or abated by suit filed within 15 days after the start of construction by a person who had no actual notice of the issuance of the permit.

The Court may hear and determine the issues raised in the litigation even though no appeal was taken from the decision of the Administrator to the BZA.

Section 3-10-6 Stay of proceedings.

[1-3-2023 by Ord. No. 2023.01.03]

An appeal shall stay all proceedings in furtherance of the action appealed from unless the Administrator certifies to the council that by reason of facts stated in the certificate a stay would in their opinion cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order granted by the council or by a court of record, on application and on notice to the Administrator and for good cause shown.

Section 3-11-1 Public hearing required.

[1-3-2023 by Ord. No. 2023.01.03]

In accordance with the Code of Virginia, § 15.2-2204, as amended, the Planning Commission shall not recommend, nor shall the Town Council adopt or approve any Comprehensive Plan, zoning and subdivision ordinance, Zoning Map amendment, or special use permit, nor shall the BZA approve any variance, until it has held a duly advertised public hearing. Advertising and notice procedures shall be conducted according to the procedures under the Code of Virginia, § 15.2-2204, as amended, as outlined in the sections for this division.

The Planning Commission and Town Council may hold a joint public hearing after public notice as set forth herein, and if such joint hearing is held, public notice as set forth above need be given only by the Town Council.

No land may be zoned to a more intensive use classification than was contained in the public notice without an additional public hearing after notice pursuant to the Code of Virginia, § 15.2-2204, as amended.

Section 3-11-2 Advertisement and mailings.

[1-3-2023 by Ord. No. 2023.01.03]

The notice for each proposal shall provide:

A descriptive summary of the application:

In the case of a proposed amendment to the Zoning Map (rezoning), the public notice shall state the general usage and density range of the proposed amendment and the general usage and density range, if any, set forth in the applicable part of the Comprehensive Plan.

The location of the property, if applicable;

Where copies of the proposal may be examined; and

The time and place of any hearing at which persons affected may appear and present their views.

Newspaper advertisement. Notice of public hearings shall be published once a week for two successive weeks in some newspaper published or having general circulation in the Town. The term "two successive weeks," as used in this subsection, shall mean that such notice shall be published at least twice in such newspaper, with not less than six days elapsing between the first and second publications. The hearing shall be held not less than five days nor more than 21 days after the second advertisement shall appear in such newspaper.

Property owner notification shall be sent by the Administrator a minimum of five days prior to the hearing, except where a longer minimum timing is required below, to:

The owner, owners, or their agent of the subject property;

Persons owning any adjacent property, including property across any road, railroad right-of-way or body of water;

A locality's chief administrative officer or their designee when the subject property is located within 1/2 mile of the boundary of the adjoining locality at least 10 days prior to the hearing;

The commander of the applicable military operation when the subject property is located within 3,000 feet of the boundary of a military base, installation or airport, excluding armories operation by the Virginia National Guard, at least 30 days prior to the hearing;

The owner of a public use airport when the subject property is located within 3,000 feet of such airport;

The incorporated property owners' association within a planned unit development where the subject property is located within the planned unit development and the association's members also own property in the planned unit development that is located within 2,000 feet of any portion of the subject property; and

(7)

In lieu of each individual unit owner, the unit owners' association or proprietary lessee's association when the property adjacent to the subject property is a condominium or cooperative, respectively.

Notifications to adjacent property owners, as outlined in this section, shall not be required when a public hearing involves an application for zoning approval for 26 or more lots initiated by resolution or motion of the Planning Commission or Town Council, or an appeal to the decision of the Administrator to the BZA is concerning 26 or more lots or no specific property.

(e)

Notice, as required above, sent by registered or certified mail to the last known address of such property owner(s) as shown on the current real estate tax assessment records shall be deemed adequate notification. Notice may be sent by first-class mail, however, a representative of the Town shall sign an affidavit that such mailings have been made and file such affidavit with the papers in the case.

(f)

The cost of all notice requirements shall be paid by the applicant in addition to any other fees involved in the application. The Town shall bill the applicant for such costs.

Section 3-11-3 Posting notice on property.

[1-3-2023 by Ord. No. 2023.01.03]

The applicant shall also be required to place a sign(s) provided by the Town on the subject property which indicates that zoning action (Zone Map Amendment or special use permit) is pending. The notice shall be posted at reasonable intervals (no less than one per road frontage) along roads abutting the subject property, or if there is no abutting road, at the proposed road or entrance into the property, in locations reasonably visible from existing roads. The holding of a public hearing or the validity of action on an application shall not be affected by the unauthorized removal of a notice which has been posted in accordance with this section. The postings will be obtained from the Administrator for a fee.

Section 3-11-4 Waiver of notice.

[1-3-2023 by Ord. No. 2023.01.03]

Actual notice of, or active participation in, the proceedings for which the written notice is provide shall waive the right of that party to challenge the validity of the proceedings due to failure of notice as required by this section.

Section 3-12-1 Effect of amendment of conditions.

[1-3-2023 by Ord. No. 2023.01.03]

The procedure for amendment of a conditional zoning, special use permit, or variance which is already approved shall be the same as for a new application, except that where the Administrator determines the change to be minor relative to the original approval, he may transmit the same to the permitting body with the original record without requiring that a new application be filed. Written notice, public hearing, and enforcement shall comply with the Code of Virginia, § 15.2-2302.

Section 3-13-1 Timeframe for reapplication.

[1-3-2023 by Ord. No. 2023.01.03]

Whenever a petition requesting an amendment, supplement, change to this chapter or Zoning Map or petition for a special use has been denied by the Town Council, or petition for a variance has been denied by the BZA, then such petition, or one substantially similar, shall not be reconsidered sooner than 12 months after the previous denial.

The HPRB shall rehear an application if within the ninety-day period following the date of denial the applicant submits an amended application that complies with all recommendations of the HPRB.

Whenever a petition requesting an amendment or special use permit has been withdrawn, such petition, or one substantially the same, shall not be reconsidered within 12 months of the first publication notice of a public hearing with the Planning Commission.