This chapter shall be administered and enforced by an officer to be known as the zoning administrator, who shall be appointed by the Board of Supervisors. The zoning administrator shall have all necessary authority on behalf of the Board of Supervisors to administer and enforce this chapter, including the ordering in writing of the remedying of any condition found in violation of this chapter and the bringing of legal action to ensure compliance with this chapter, including injunction, abatement or other appropriate action or proceeding.

(a)

Zoning permits generally. Under this chapter, no acceptable principal or accessory building or structure or use or buildings and uses permissible by special exception or special use permit shall be constructed, reconstructed, moved, added to or structurally altered or otherwise allowed without a permit.

(b)

Forms and information required. An application for a zoning permit shall be made to the zoning administrator on forms to be provided by the zoning administrator, who shall require and be furnished with all such plans and documents as may be required to determine whether the proposed structure and facilities will be in compliance with this chapter. Each such application for a zoning permit shall be accompanied by the following items or as much thereof as the zoning administrator deems pertinent and such additional information as the zoning administrator may require as being pertinent:

(1)

Certificate from the health officer that the proposed location meets the requirements of the department of health from the standpoint of water supply and sewage disposal or, where a public water or sewer system is involved, a statement from the county public works director that all applicable regulations and requirements have been complied with.

(2)

A grading permit, if required under chapter 30.

(3)

The intended use.

(4)

If a dwelling, the number of families or housekeeping units.

(5)

A plot plan signed by the applicant drawn to scale or a freehand drawing providing actual dimensions of the structure with respect to property lines including the width of required yards or open space areas and distances from public highways, provided no part of which is to be located less than the setback distance from any property line or right-of-way of any public highway.

(6)

Floodplain designation. (Amdmt. No. 90-3, 4-18-90)

(7)

Prior to the initiation of an application for a special exception, special use permit, variance, rezoning or other land use permit, the applicant shall produce satisfactory evidence that any delinquent real estate taxes owed to the locality which have been properly assessed against the subject property have been paid. (Amdmt. No. 98-1, 4-21-98)

State Law reference— Authority for above subsection, Code of Virginia, § 15.2-2286.

(8)

Chapter 527—Traffic impact analysis. In compliance with VDOT's traffic impact analysis regulations—chapter 527, development plans that meet the regulation's traffic impact thresholds will be required to submit a traffic impact analysis (TIA). Effective January 1, 2008, a "traffic impact analysis compliance" form shall accompany development plans and zoning applications filed with the county and when required the traffic analysis documents prepared by a licensed engineer. The form must be completed by the engineer or developer and submitted with the development plans to the county planning department. The landowner/developer is responsible for compliance with VDOT chapter 527—Traffic impact analysis (TIA) (24 VAC30-155) requirements. All developments that have vehicle traffic counts that conform to chapter 527 requirements will be forwarded to VDOT for their review and comments. The landowner/developer is responsible for costs and fees associated with a TIA. (Amdmt. No. O-08-3, 6-17-08)

(9)

Zoning requests are not considered officially submitted until the application with all of the required attachments and fees are filed with the zoning administrator. Information will not be forwarded to the appropriate authority for consideration until the application is deemed to be complete by the zoning administrator. (Amdmt. No. O-08-3, 6-17-08)

(10)

If approval of a feature or features on the plat is required by a state agency or public authority by state law, such as the state department of transportation, the zoning administrator shall forward the plat to the appropriate board or commission for review within ten business days of receipt of such plat. The agencies shall respond in accordance with the requirements set forth in the Code of Virginia, which shall extend the time of the action by the appropriate board or commission by 45 days. (Amdmt. No. O-08-3, 6-17-08)

State Law reference— Similar provisions, Code of Virginia § 15.2-2222.1.

(c)

Interpretation of uses. The zoning administrator is empowered by this chapter to interpret whether a proposed use is allowed within a zoning district. In no case shall the zoning administrator interpret a use as permitted in one district when the proposed use is more similar in impact and characteristics to land uses in another district. Appeal of the zoning administrator's use interpretation may be made to the board of zoning appeals in accordance with article XVI of this chapter. If the zoning administrator finds a new or unusual use that cannot appropriately fit into an existing district, it shall be deemed a "use not provided for" and shall fall under the authority of subsection (d) of this section.

(d)

Use not provided for. When application is made for a use and the zoning administrator determines, in accordance with subsection (c) of this section, that the use does not fit within any of the zoning districts listed in this chapter, it shall be deemed a "use not provided for." The zoning administrator shall refer the application to the planning commission, which shall make its recommendation to the Board of Supervisors within 100 days after giving notice and holding a public hearing. The Board of Supervisors shall hold a public hearing before granting or denying any application for such use.

(e)

Structures in violation. No zoning permit shall be issued where it appears that the structure to be constructed or the use contemplated would be in violation of this chapter or any other applicable law, ordinance or regulation. The issuance of such zoning permit, however, shall not afford protection to any owner who is found to be violating this chapter or any other applicable law, ordinance or regulation.

(f)

Issuance of zoning permit. If it appears that the proposed structure and use of land or structure is in conformity with this chapter, a zoning permit shall be issued to the applicant by the zoning administrator.

(1)

Certificate. Whenever a zoning permit is issued, the zoning administrator shall also furnish the building official with a certificate indicating that the zoning permit has been issued and is valid for the period stipulated therein.

(2)

Time limits. Any zoning permit issued shall conform to the time limits set forth by the building official in the building permit.

(g)

Refunds. There shall be no refund of zoning application fees if the application is withdrawn after advertisement has occurred or if the application has been denied. (Amdmt. No. O-99-8, 7-20-99)

(a)

A special exception is a use not permitted in a particular zoning district except by special exception permit granted by the board of zoning appeals in accordance with this chapter. (Amdmt. No. 90-3, 4-18-90)

(b)

A variance is a right granted by the board of zoning appeals to deviate from the strict terms of this chapter insofar as the shape, size, or area of a lot or parcel of land, or the size, height, area, or location of a building or a structure is concerned and where a literal enforcement of this chapter would unreasonably restrict the utilization of the property, and such need for the variance would not be shared generally by other properties and the variance is not contrary to the purpose of the ordinance. (Amdmt. No. O-15-7, 10-6-15)

(c)

A special use permit, because of its nature and anticipated county impact, requires a review by the Board of Supervisors before approval is granted. Conditions specified for approval shall be defined by the Board of Supervisors as necessary elements to carry out the intent of this chapter. The Board of Supervisors reserves unto itself the right to approve or disapprove special uses.

(a)

Special exception and variance requests will be reviewed by the zoning administrator or his designee before referral to the board of zoning appeals. The zoning administrator or his designee will provide a report to the board of zoning appeals and shall provide a copy of the application to the planning commission concerning any application for a special exceptions. The final determination on the request will be made by the board of zoning appeals after the procedure in this section is completed. (Ord. No. 00-3, 8-1-00)

(b)

A written application for a special exception or variance shall be submitted indicating the section of this chapter under which the special exception or variance is sought and stating the grounds on which it is requested.

(c)

Notice shall be given at least 15 days in advance of the public hearing. The owner of the property for which a special exception or variance is sought or his agent shall be notified by mail. Notice of such hearings shall be printed in a newspaper of general circulation, in accordance with Code of Virginia, § 15.2-2204.

(d)

A public hearing shall be held by the board of zoning appeals. Any party may appear in person or by agent or attorney to express his views to the board.

(e)

The board of zoning appeals may seek a recommendation from the planning commission on requests for special exceptions; however, recommendations, if given, must be rendered in 35 days or less of the board's request.

(f)

Before any special exceptions or variance shall be allowed, the board of zoning appeals shall review the report prepared by the zoning administrator or his designee and shall make a written decision regarding the special exception or variance noting any special conditions placed on the request and compliance with requirements as provided in the report. The report to the board shall address the satisfactory compliance with the following items, where applicable. (Ord. No. 00-3, 8-1-00)

(1)

Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe.

(2)

Off-street parking and loading areas where required with particular attention to the items in subsection (f)(1) of this section and the economic, noise, dust, glare or odor effects of the special exception or special use on adjoining properties and properties generally in the district.

(3)

Refuse and service areas, with particular reference to the items in subsections (f)(1) and (2) of this section.

(4)

Utilities, with reference to location, availability and compatibility.

(5)

Screening and buffering with reference to type, dimension and character of the proposed special exception.

(6)

Required yards and other open spaces.

(7)

General compatibility with adjacent properties and other property in the district.

(8)

Such other standards and requirements, such as hours of operation, etc., as the board of zoning appeals may determine necessary to protect the public's interest and to maintain the objectives cited in Code of Virginia, § 15.2-2283 et seq. or this chapter.

(9)

For variances, items specifically addressed in the Code of Virginia, § 15.2-2309(2). (Amdmt. No. O-02-8, 10-1-02)

(10)

Compliance with VDOT chapter 527—Traffic impact analysis requirements. (Amdmt. No. O-08-3, 6-17-08)

(g)

In considering an application for a variance or special exception, the board of zoning appeals may also consider such particulars as platted subdivisions, lot size or shape, recorded covenants or other existing conditions which predate the adoption of this chapter (November 1, 1988) or chapter 54.

(h)

If the use, operation, or beginning of construction of the development authorized by the special exception or variance permit has not commenced within six months after approval by the board of zoning appeals, or if the work so authorized by the special exception or variance is suspended or discontinued for a period of six months, the permit shall become null and void. Upon showing good cause, the applicant may request in writing to the board of zoning appeals a one-time extension of six months. If an appeal contesting the use authorized is filed with the proper authority, this deadline shall be delayed until the appealing party has exhausted the legal avenues for an appeal and upon granting the final decision in the appeal, the deadline would then be initiated. (Amdmt. No. 99-2, 4-6-99; Amdmt. No. O-09-3, 5-19-09)

(i)

Any application for a special exception or variance may be withdrawn prior to any decision of the board of zoning appeals at the written request of the applicant. (Amdmt. No. O-99-8, 7-20-99)

(j)

If any special exception or variance application is withdrawn at the request of the applicant prior to the board of zoning appeals decision on the application, the county can not consider a special exceptions or variance request with respect to all or part of the same property within two months of the withdrawal of the application.

If any special exception or variance application is denied by the board of zoning appeals, the county can not consider a special exceptions or variance request with respect to all or part of the same property within nine months of the board of zoning appeals decision. (Amdmt. No. O-99-8, 7-20-99)

(a)

Under this chapter, special use requests will be reviewed by the zoning administrator or his designee before referral to the Board of Supervisors. The zoning administrator or his designee will provide a report on the request to the Board of Supervisors. the final determination on the request will be made by the Board of Supervisors after the procedure in this section is completed. (Ord. No. 00-3, 8-1-00)

(b)

A written application for a special use permit shall be submitted indicating the section of this chapter under which the special use permit is sought and stating the grounds on which it is requested.

(c)

Notice shall be given at least 15 days in advance of the public hearing. The owner of the property for which a special use permit is sought or his agent shall be notified by mail. Notice of such hearings shall be printed in a newspaper of general circulation, in accordance with Code of Virginia, § 15.2-2204.

(d)

A public hearing shall be held by the Board of Supervisors. Any party may appear in person or by agent or attorney to express his views to the Board.

(e)

The Board of Supervisors may seek a recommendation from the planning commission on requests for special use permits; however, recommendations, if given, must be rendered in 35 days or less of the Board's request.

(f)

Before any special use permit is issued, the Board of Supervisors shall review the report prepared by the zoning administrator or his designee and shall make a written decision regarding the special use noting any special conditions placed on the request and compliance with requirements as provided in the report. The report to the Board shall address the satisfactory compliance with the following items, where applicable. (Ord. No. 00-3, 8-1-00):

(1)

Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe.

(2)

Off-street parking and loading areas where required with particular attention to the items in subsection (f)(1) of this section and the economic, noise, dust, glare, or odor effects of the special exception or special use on adjoining properties and properties generally in the district.

(3)

Refuse and service areas, with particular reference to the items in subsections (f)(1) and (2) of this section.

(4)

Utilities, with reference to location, availability and compatibility.

(5)

Screening and buffering with reference to type, dimension and character of the proposed special use.

(6)

Required yards and other open spaces.

(7)

General compatibility with adjacent properties and other property in the district.

(8)

Such other standards and requirements, such as hours of operation, etc., as the Board of Supervisors may determine necessary to protect the public's interest and to maintain the objectives cited in Code of Virginia, § 15.2-2283 et seq. or this chapter.

(9)

Compliance with VDOT chapter 527—Traffic impact analysis requirements. (Amdmt. No. O-08-3, 6-17-08)

(g)

If the use, operation, or beginning of construction of the development authorized by the special use permit has not commenced within six months after approval by the Board of Supervisors, the permit shall become null and void. Upon showing good cause, the applicant may request in writing to the Board of Supervisors a one-time extension of six months. If an appeal contesting the use authorized is filed with the proper authority, this deadline shall be delayed until the appealing party has exhausted the legal avenues for an appeal and upon granting the final decision in the appeal, the deadline would then be initiated. (Amdmt. No. 99-2, 4-6-99; Amdmt. No. O-02-8, 10-1-02; Amdmt. No. O-09-3, 5-19-09)

(h)

Any application for a special use may be withdrawn prior to any decision of the Board of Supervisors at the written request of the applicant. (Amdmt. No. O-99-8, 7-20-99)

(i)

If any special use application is withdrawn at the request of the applicant prior to the Board of Supervisors decision on the application, the county can not consider a special use request with respect to all or part of the same property within two months of the withdrawal of the application.

If any special use application is denied by the Board of Supervisors, the county can not consider a special use request with respect to all or part of the same property within nine months of the Board of Supervisors decision. (Amdmt. No. O-99-8, 7-20-99)

(j)

Requests for special use permits that involve the use of a mobile/manufactured home, are required to comply with Article XIV - Mobile/Manufactured Homes, section 66-441 (General Requirements) and section 66-442 (Individual Units). (Amdmt. No. O-03-01, 5-20-03)

(k)

Appeals contesting the decision by the Board of Supervisors on a special use request shall be filed with the circuit court within 30 days of the decision of the Board, pursuant to Code of Virginia, § 15.2-2285(F). (Amdmt. No. O-04-9, 10-19-04)

(a)

Under this chapter, rezoning requests shall be submitted to the zoning administrator on the required form and referred, with a report from the zoning administrator, to the planning commission for its review and recommendation. The final determination on the rezoning request will be made by the Board of Supervisors after the procedure in this section is completed.

(b)

The written request for rezoning shall be submitted to the planning commission by the zoning administrator.

(c)

Notice shall be given of the required public hearing in accordance with the requirements of the Code of Virginia, § 15.2-2204. Adjacent property owners and the applicant shall be notified in writing as to the nature of the rezoning request and public hearing date.

(d)

A public hearing shall be held by the planning commission. The zoning administrator or his designee shall make a report to the planning commission on the rezoning request. (Ord. No. 00-3, 8-1-00)

(e)

The planning commission shall make a recommendation to the Board of Supervisors on the rezoning request after the public hearing is held. Failure of the commission to report 100 days after the initial meeting on the request shall be deemed approval, pursuant to Code of Virginia, § 15.2-2285(B). (Amdmt. No. 98-1, 4-21-98)

(f)

The Board of Supervisors shall hold its own public hearing in conformity with all notice requirements under Code of Virginia, § 15.2-2204 and make the final determination on the rezoning request. In making its decision, the Board of Supervisors shall review the report prepared by the zoning administrator or his designee and shall make a written decision regarding the rezoning and any special conditions placed on the request and compliance with requirements as provided in the report. The report to the Board shall address the following criteria, where applicable. (Amdmt. No. 98-1, 4-21-98; Ord. No. 00-3, 8-1-00)

(1)

The nature, character and types of land uses and zones established in the area.

(2)

Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe.

(3)

Off-street parking and loading areas where required with particular attention to the items in subsection (f)(2) of this section and the economic, noise, dust, glare or odor effects of the special exception or special use on adjoining properties and properties generally in the district.

(4)

Refuse and service areas, with particular reference to the items in subsections (f)(2) and (3) of this section.

(5)

Utilities, with reference to location, availability and compatibility.

(6)

Screening and buffering with reference to type, dimension and character of the proposed special use.

(7)

Required yards and other open spaces.

(8)

General compatibility with adjacent properties and other property in the district.

(9)

Such other standards as the Board of Supervisors may determine necessary to protect the public's interest and to maintain the objectives cited in Code of Virginia, § 15.2-2283 et seq. or this chapter.

(10)

The Board of Supervisors shall not act on a rezoning request before they receive a recommendation from the planning commission. (Amdmt. No. 99-3, 4-6-99)

(11)

Compliance with VDOT chapter 527—Traffic impact analysis requirements. (Amdmt. No. O-08-3, 6-17-08)

(g)

If the use, operation, or beginning of construction of the development authorized by the rezoning permit has not commenced within six months after approval by the Board of Supervisors, the permit shall become null and void. Upon showing good cause, the applicant may request in writing to the Board of Supervisors a one-time extension of six months. If an appeal contesting the use authorized is filed with the proper authority, this deadline shall be delayed until the appealing party has exhausted the legal avenues for an appeal and upon granting the final decision in the appeal, the deadline would then be initiated. (Amdmt. No. 99-2, 4-6-99; Amdmt. No. O-02-08, 10-1-02; Amdmt. No. O-09-3, 5-19-09)

(h)

Any application for rezoning may be withdrawn prior to any recommendation of the planning commission or the decision of the Board of Supervisors at the written request of the applicant. (Amdmt. No. O-99-8, 7-20-99)

(i)

If any rezoning application is withdrawn at the request of the applicant prior to the planning commission's recommendation or the Board of Supervisors decision on the application, the county can not consider a rezoning request with respect to all or part of the same property within two months of the withdrawal of the application.

If any rezoning application is denied by the Board of Supervisors, the county can not consider a rezoning request with respect to all or part of the same property within nine months of the Board of Supervisors decision. (Amdmt. No. O-99-8, 7-20-99)

(j)

Appeals contesting the decision by of the Board of Supervisors on a rezoning request shall be filed with the Circuit Court within 30 days of the decision of the Board. (Code of Virginia, § 15.2-2285(F)) (Amdmt. No. O-02-8, 10-1-02)

Fees allowed by Code of Virginia, § 15.2-2286(A)(6) for administrative review and processing of zoning permits, certificates of occupancy, site plans, rezoning requests, special exceptions, uses not provided for, special use permits, amendments, public hearing advertising, variances and nonconforming uses shall be published under a separate fee schedule and reviewed annually by the zoning administrator prior to approval by the Board of Supervisors.

(a)

In situations where more flexible and adaptable zoning methods are needed, amendments to the zoning map may be allowed subject to certain conditions that are not generally applicable to land similarly zoned. (Amdmt. No. 90-3, 4-18-90)

(b)

Proposed amendments to the zoning map may include the voluntary proffering in writing, signed by the property owner of record and the petitioner, if different from the property owner of record, of reasonable conditions in addition to the regulations provided for in the desired zoning district. Any such proffered conditions must be made prior to the public hearing held by the Board of Supervisors and must adhere to the following:

(1)

The rezoning itself must give rise for the need for the conditions. (Amdmt. No. 90-3, 4-18-90)

(2)

Such conditions shall have a reasonable relation to the rezoning. (Amdmt. No. 90-3, 4-18-90)

(3)

Such conditions shall not include a cash contribution to the county. (Amdmt. No. 90-3, 4-18-90)

(4)

Such conditions shall not include mandatory dedication of real or personal property for open space, parks, schools, fire departments or other public facilities not otherwise provided for in chapter 54. (Amdmt. No. 90-3, 4-18-90)

(5)

Such conditions shall not include payment for or construction of off-site improvements except those provided for in chapter 54. (Amdmt. No. 90-3, 4-18-90)

(6)

No condition shall be proffered that is not related to the physical development or physical operation of the property. (Amdmt. No. 90-3, 4-18-90)

(7)

All such conditions shall be in conformity with the county comprehensive plan. (Amdmt. No. 90-3, 4-18-90)

(c)

The zoning administrator shall be vested with all necessary authority on behalf of the Board of Supervisors to administer and enforce conditions attached to a rezoning or an amendment to the zoning map, including:

(1)

The ordering in writing of the remedy of any noncompliance with such conditions. (Amdmt. No. 90-3, 4-18-90)

(2)

The bringing of legal action to ensure compliance with such conditions, including injunction, abatement or other appropriate action or proceeding. (Amdmt. No. 90-3, 4-18-90)

(3)

Requiring a guarantee, satisfactory to the Board of Supervisors, in an amount sufficient for and conditioned upon the construction of any physical improvements required by the conditions, or a contract for the construction of such improvements and the contractor's guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by the Board of Supervisors upon the submission of satisfactory evidence that construction of such improvements has been completed in whole or in part. Further, failure to meet all conditions shall constitute cause to deny the issuance of any of the required use, occupancy or building permits, as may be appropriate. (Amdmt. No. 90-3, 4-18-90)

(d)

The zoning map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning on the map. The zoning administrator shall keep in his office and make available for public inspection a conditional zoning index. The index shall provide ready access to the ordinance creating conditions in addition to the regulations provided for in a particular zoning district or zone. (Amdmt. No. 90-3, 4-18-90)

(e)

Any zoning applicant who is aggrieved by the decision of the zoning administrator in enforcing conditions placed on a conditional rezoning request pursuant to this section may petition the Board of Supervisors for the review of the decision of the zoning administrator. Any such petition for review shall be filed with the zoning administrator and with the clerk of the Board of Supervisors within 30 days from the date of the decision for which review is sought, and such petition shall specify the grounds upon which the petitioner is aggrieved. (Amdmt. No. 90-3, 4-18-90; Ord. No. 00-3, 8-1-00)

(f)

There shall be no amendment or variation of conditions created pursuant to this section until after a public hearing before the Board of Supervisors advertised pursuant to this chapter. (Amdmt. No. 90-3, 4-18-90)

(g)

If the use, operation, or beginning of construction of the development authorized by the conditional rezoning permit has not commenced within six months after approval by the Board of Supervisors, the permit shall become null and void. Upon showing good cause, the applicant may request in writing to the Board of Supervisors a one-time extension of six months. If an appeal contesting the use authorized is filed with the proper authority, this deadline shall be delayed until the appealing party has exhausted the legal avenues for an appeal and upon granting the final decision in the appeal, the deadline would then be initiated. (Amdmt. No. 99-2, 4-6-99; Amdmt. No. O-02-8, 10-1-02; Amdmt. No. O-09-3, 5-19-09)

(h)

Any application for conditional rezoning may be withdrawn prior to any recommendation of the planning commission or the decision of the Board of Supervisors at the written request of the applicant. (Amdmt. No. O-99-8, 7-20-99)

(i)

If any conditional rezoning application is withdrawn at the request of the applicant prior to the planning commissions recommendation or the Board of Supervisors decision on the application, the county can not consider a conditional rezoning request with respect to all or part of the same property within two months of the withdrawal of the application.

If any rezoning application is denied by the Board of Supervisors, the county can not consider a conditional rezoning request with respect to all or part of the same property within nine months of the Board of Supervisors decision. (Amdmt. No. O-99-8, 7-20-99)

(j)

Appeals contesting the decision by of the Board of Supervisors on a conditional rezoning request shall be filed with the Circuit Court within 30 days of the decision of the Board. (Code of Virginia, § 15.2-2285(F)) (Amdmt. No. O-02-8, 10-1-02)