The provisions of this chapter shall apply to all property within the corporate limits of the Town of Altavista, Virginia, with the exception that any property held in fee simple ownership by the United States of America or the Commonwealth of Virginia shall not be subject to the provisions contained herein when such property is directly used for public purposes by the United States of America or the Commonwealth of Virginia.

(Ord. of 10-11-2011(3), § 2)

(a)

This chapter and the Official Zoning Map of Altavista, Virginia shall be known and referred to as the Town of Altavista, Virginia Zoning Ordinance.

(b)

The provisions of this chapter have been adopted by the town council pursuant to the declaration of legislative intent contained in Code of Virginia, § 15.2-2200, and the authority contained in § 15.2-2280 and § 15.2-2281.

(Ord. of 10-11-2011(3), § 2)

This chapter shall be effective on January 1, 2012 as adopted by the town council.

(Ord. of 10-11-2011(3), § 2)

(a)

This chapter and any subsequent amendments have been adopted for the general purpose of implementing the Comprehensive Plan of the Town of Altavista, Virginia, and for the purpose of promoting the health, safety, and general welfare of the public. To these ends, this chapter is consistent with the applicable provisions of the Charter of the Town of Altavista and the Code of Virginia and is intended to give reasonable consideration to each of the following purposes:

(1)

Facilitate the creation of a convenient, attractive and harmonious community;

(2)

Encourage economic development activities that provide desirable employment and enlarge the tax base;

(3)

Protect against one or more of the following: overcrowding of land, undue density of population in relation to the community facilities existing or available, obstruction of light and air, danger and congestion in travel and transportation, or loss of life, health or property from fire, flood, panic or other dangers;

(4)

Promote the creation and preservation of affordable housing suitable for meeting the current and future needs of the town.

(5)

Protect surface and groundwater resources.

(Ord. of 10-11-2011(3), § 2)

(a)

All land uses and activities not specifically provided for or addressed in this chapter shall be considered uses and activities prohibited within the town.

(b)

If a land use or activity is deemed by the administrator to be prohibited within the town, that use or activity shall not be permitted within the town.

(c)

Where the standards imposed by this chapter are more or less restrictive than the standards imposed by any other public regulation, the more restrictive standard shall apply.

(d)

This chapter shall not apply to, or interfere with, any private covenant. However, if the regulations imposed by this chapter are more restrictive, or impose a higher standard than the private covenant, then the provisions of this chapter shall apply.

(Ord. of 10-11-2011(3), § 2)

(a)

It shall be unlawful for any person to use or to permit the use of any building, structure or premises or portion thereof, other than an existing single-family dwelling, unless a zoning permit for such building, structure or premises or portion thereof shall have been approved by the zoning administrator as required by this article. It shall also be unlawful for any person to construct or erect any building or structure which is exempt from application for a building permit under the provisions of the Virginia Uniform Statewide Building Code, unless a zoning permit for such building or structure has been approved by the zoning administrator. However, a zoning permit shall not be required for fences, walls, poles, posts and other customary yard ornaments and accessories which are exempt from application for a building permit and which are permitted by the provisions of this chapter. The zoning permit shall certify that the building, structure or premises and the use thereof comply with the applicable sections of this chapter.

(b)

The administrator may request a review by the planning commission of the zoning permit application in order to determine if the contemplated use is in accordance with the district in which the construction lies.

(c)

Each application for a zoning permit shall include a copy of a drawing or sketch. The drawing or sketch shall show the size and shape of the parcel of land on which the proposed building is to be constructed or altered, the nature of the proposed use of the building or land, and the location of such building or use with respect to the property lines of such parcel of land and to the right-of-way of any street or highway adjoining such parcel of land. Any other information which the administrator may deem necessary for consideration of the application may be required. If the proposed building or use is in conformity with the provisions of this chapter and the building ordinance, a permit shall be issued to the applicant by the administrator.

(d)

Zoning permits are issued for a period of six months from the date of approval. Zoning permits shall automatically expire if the applicant cannot demonstrate that the permit is being exercised for the purpose for which it was issued, or if the work authorized in the permit is suspended or discontinued for a period of two years.

(e)

A zoning permit shall not be transferable to any person. Any new tenant or new owner of such building, structure or premises shall make application for a new zoning permit. New occupants of single-family dwellings shall be exempt from the requirements of this division.

(f)

Prior to the initiation of an application by the owner of the subject property, the owner's agent, or any entity in which the owner holds an ownership interest greater than 50 percent, for a special exception, special use permit, variance, rezoning or other land disturbing permit, including building permits and erosion and sediment control permits, or prior to the issuance of final approval, the authorizing body may require the applicant to produce satisfactory evidence that any delinquent real estate taxes, nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on the subject property, that are owed to the locality and have been properly assessed against the subject property, have been paid, unless otherwise authorized by the treasurer.

(Ord. of 10-11-2011(3), § 2; Ord. of 12-8-2020(3), § 1)

(a)

All specifically designated permitted uses as set forth in this chapter shall require, in addition to all other required permits, a special use permit.

(b)

The town council specifically reserves unto itself the right and authority to issue special use permits. No such special use permit shall be issued except after notice and hearing as set forth in section 86-782.

(c)

Applications for special use permits shall be made to the administrator upon such form as may be required by the administrator and after payment of such fee as may be required. Applicants shall supply such plans and other information as may be required by the administrator. Upon the receipt of such application, the administrator shall refer it to the commission which shall make its recommendation to the town council.

(d)

If the town council shall find that the use for which a special use permit is sought will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use, will not be detrimental to the public welfare or injurious to property or improvements in the neighborhood, and will be in accord with the purposes of this chapter and the comprehensive plan of the town, it shall issue the special use permit, provided that all other provisions of law and ordinance shall have been complied with. If the town council shall find that the use for which the special use permit is sought does not meet such requirements, it shall have the right to deny the special use permit. In granting any special use permit, the council shall designate such conditions in connection therewith as will, in its opinion, ensure that the use will conform to the requirements in this subsection and that it will continue to do so and specifically may impose reasonable conditions that:

(1)

Abate or restrict noise, smoke, dust, or other elements that may affect surrounding property;

(2)

Establish setback, side, and front yard requirements necessary for orderly expansion and to prevent traffic congestion;

(3)

Provide for adequate parking and ingress and egress to public streets or roads;

(4)

Provide adjoining property with a buffer or shield from view of the proposed use if such use is considered to be detrimental to adjoining property;

(5)

Tend to prevent such use from changing the character and established pattern of development of the community.

(Ord. of 10-11-2011(3), § 2)

If a use is not listed as any of the allowable uses, by right or by special use permit, in any zoning district in the entirety of the ordinance and the use falls within the stated intent for uses in a specific district, the administrator shall present the proposed use to the planning commission, which at its discretion may recommend an amendment to the code or require an application for a special use permit.

(Ord. of 10-11-2011(3), § 2)

(a)

In any case in which the commission is required to review an application for a zoning permit, a special use permit, the commission shall act on any application or matter received within 90 days after receiving such application or matter except that upon formal notice in writing to the applicant, the time for action may be extended for a 30-day period. Failure on the part of the commission to act on the application or matter within the established time limit shall be deemed to constitute a decision favorable to the applicant.

(b)

In any case in which the commission is required to review an application for a site plan approval, the commission shall act on any complete application or matter received within 60 days after receiving such application or matter except that upon formal notice in writing to the applicant, the time for action may be extended for a 30-day period. Failure on the part of the commission to act on a complete application or matter within the established time limit shall be deemed to constitute a decision favorable to the applicant.

(Ord. of 10-11-2011(3), § 2)

Whenever there shall be plans in existence approved by either the Virginia Department of Transportation or by the town council for the widening of any street or highway, the commission may recommend additional front yard setbacks for any new construction or for any structures altered or remodeled adjacent to the future planned right-of-way, in order to preserve and protect the right-of-way for such proposed street or highway widening.

(Ord. of 10-11-2011(3), § 2)

Where a building permit has been issued and the construction of the building for which such permit was issued is subsequently sought to be prevented, restrained, corrected or abated as a violation of this chapter, 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 administrative officer to the board of zoning appeals.

(Ord. of 10-11-2011(3), § 2)