The town council shall have the following responsibilities in the administration of this chapter:

(1)

Review and decide requests for amendments to the text of this chapter as specified in section 24-39.

(2)

Review and decide requests for amendments to the official zoning map as specified in this chapter.

(3)

Review and decide requests for zoning certificates for special use approvals (special use permits), in accordance with section 24-38(3).

(Zoning Ord. 2003, § 18.1-1404)

This article shall be administered by the zoning administrator in accordance with the provisions herein. The zoning administrator for the town shall be the duly appointed town manager of the town or his designee.

(Zoning Ord. 2003, § 18.1-1001)

(a)

Powers and duties relating to zoning. The zoning administrator is authorized and empowered on behalf of and in the name of the town council to administer and enforce the provisions set forth herein to include receiving applications, inspecting premises, issuing zoning certificates for uses and structures which are in conformance with the provisions of this article. The zoning administrator shall have all necessary authority on behalf of the town council to administer and enforce this article, including the ordering in writing of the remedying of any condition found in violation of this article, and the bringing of legal action, including injunction, abatement, or the appropriate action proceeding, to ensure compliance with this article. The zoning administrator does not have the authority to take final action on applications, of matters involving variances nor on special uses, on which final action is reserved to the town council.

(b)

Powers and duties relating to subdivision regulation. The zoning administrator is authorized and empowered to act as the agent of the town council and planning commission in dealing with subdivision procedures and shall have the following duties and responsibilities:

(1)

Establish such administrative rules and procedures as are necessary to the proper administration of subdivision procedures.

(2)

Consult, as required in the performance of duties specified herein, with other departments or agencies of the town in considering details of any submitted plat.

(3)

Waive procedural and design requirements, if appropriate, provided land subdivided is along a publicly dedicated and approved street accepted for maintenance by the resident engineer and where no new streets, water or sewer lines are involved.

(4)

Verify that any conditions or stipulations made by the commission in the preliminary review are performed; and upon the satisfactory completion of such conditions and other requirements of the final plat as specified in section 24-758, approve the final plat.

(c)

Case management.

(1)

Promulgation of ordinances, policies and regulations. The zoning administrator shall make a copy of the zoning and subdivision ordinance and all other documents containing town policies and regulations that affect community development available for review by the town's residents and property owners.

(2)

Preapplication conference. The zoning administrator is authorized and empowered to encourage and organize a preapplication conference or conferences, to be attended by the property owner and any individual that the zoning administrator or property owner may deem appropriate, prior to the formal initiation of any zoning or subdivision process. However, the preapplication conference shall not be organized until adequate information, in the form of maps, studies, narrative description or other appropriate materials, sufficient to show the location, type, scope and scale of development proposal, has been submitted in hard copy form to the zoning administrator. The purpose of the preapplication conference is to outline the specifics of the project proposed, to confirm what rules, regulations or processes apply, and to identify other issues that may affect the development or approval processes at the earliest practical time.

(3)

Single point of contact. The zoning administrator is authorized and empowered to require the owner of any property for which any zoning or subdivision process is initiated, including any site plan, subdivision, special use permit, variance, conditional zoning, or rezoning, to name a project manager who would have the authority to represent him before the various agencies and committees of the town in the matter. As such, this individual shall be the town's sole point of contact from the time of appointment to the issuance of a certificate of occupancy. Such certification shall be in writing on a form provided by the zoning administrator, and the owner shall retain the right to certify another single individual to replace the previously certified project manager during the course of the project.

(4)

Notice signs; posting required.

a.

Signage for the purpose of notifying interested individuals of a requested action shall be posted on property for which any site plan, subdivision, special use permit, rezoning, conditional zoning, variance, appeal or similar action is to be considered by the planning commission, town council or board of zoning appeals. The signage shall be installed as soon as practical before the meeting date for which the matter is scheduled to be heard. Such signage shall be located as near as is practical to the right-of-way of a public street or road upon which said the property and/or proposed use fronts.

b.

The signage shall contain no additional advertisement or words other than that which is specified herein. The signage shall remain posted and maintained until final action has been taken on the application or the application has been withdrawn. After final action has been taken or the application has been withdrawn, the signage shall be removed within ten calendar days at his expense.

(Zoning Ord. 2003, § 18.1-1002)

(a)

For any proposal which requires a public hearing, including those for zoning map amendments, variances, and special use permit, all application materials shall be submitted for review at least 45 days prior to a normal meeting date of the body that will hold the hearing.

(b)

For any application which does not require a hearing but a decision by any public body other than the zoning administrator, including subdivisions and site plans requiring planning commission approval, all full applications received 14 days prior to a regular monthly meeting shall be reviewed at that first meeting and, barring irregular circumstances, a decision rendered at the next regular monthly meeting.

(Zoning Ord. 2003, § 18.1-1011)

Zoning certificate shall be issued in accordance with the following provisions and procedures:

(1)

Issuance and display. The zoning administrator shall issue a zoning certificate, in conjunction with a building permit, if necessary, for any permitted use or structural alteration, provided such proposed use of land or structure, or structural alteration, is in conformance with the provisions set forth herein. The zoning certificate shall indicate whether the use is a permitted use, a special use, or a variance and shall be conspicuously posted and displayed on the premises during the period of construction or reconstruction. A zoning certificate must be obtained from the zoning administrator prior to the issuance of a building permit by the building inspector. All zoning certificates shall expire and be null and void 12 months after they are issued if construction has not begun.

(2)

Application procedures for permitted uses. Applications for a zoning certificate shall be submitted to the zoning administrator according to the following provisions:

a.

An application for a zoning certificate for a permitted use shall be accompanied by documentation appropriate to the application which shall include, at the sole discretion of the zoning administrator, floor plans, elevation plans, and plot plans showing setbacks and building size if a site plan is not otherwise required by this chapter.

b.

If the proposed documentation is in conformity with the provisions set forth herein, and other appropriate codes and regulations of the town then in effect, the zoning administrator shall issue a zoning certificate. The zoning administrator shall retain the application and one copy of the documentation submitted with the application for a zoning certificate for his records.

c.

If the application and site plan submitted describes work which does not conform to the requirements set forth herein, the zoning administrator shall not issue a zoning certificate, but shall return one copy of the site plan to the applicant along with a signed refusal in writing. Such refusal shall state the reasons for refusal and shall cite the portions of this chapter with which the submitted site plan does not comply. The zoning administrator shall retain one copy of the site plan and one copy of the refusal.

(3)

Application procedures for special use. Applications for a zoning certificate for a special use (special use permit) shall be submitted to the zoning administrator, who shall refer the application to the planning commission, for a public hearing. Applications for zoning certificates for special uses must be submitted in accordance with the following procedures:

a.

An application shall be accompanied by an approvable site plan with all associated documentation as required under article XI of this chapter.

b.

The application shall be sent to the commission. The commission shall present its recommendations to the town council. Failure of the commission to report 100 days after the first meeting of the commission after the proposed special use permit has been referred to the commission shall be deemed approval unless the application has been withdrawn by the applicant prior to the expiration of the time period. In the event of and upon such withdrawal, processing of the proposed special use permit shall cease without further action as otherwise would be required.

c.

The town council shall consider the proposed special use after notice and public hearing in accordance with Code of Virginia, § 15.2-2204, as amended. All motions, resolutions or petitions for the proposed special use permit shall be acted upon and a decision made within such reasonable time as may be necessary but not exceeding 12 months from the date the applicant files a complete application unless the applicant requests or consents to action beyond such period or unless the applicant withdraws his motion, resolution or petition for a special use permit. In the event of and upon such withdrawal, processing of the motion, resolution or petition shall cease without further action as otherwise would be required by this section.

d.

In addition to the specific requirements for special use as specified in this article, the town council shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location:

1.

Will be harmonious with and in accordance with the general objectives, or with any specific objective of the town's comprehensive plan and/or this article;

2.

Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;

3.

Will not be hazardous or disturbing to existing or future neighboring uses;

4.

Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services;

5.

Will not create excessive additional requirements at public costs for public facilities and services and will not be detrimental to the economic welfare of the community;

6.

Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, odors, or water pollution;

7.

Will have vehicular approaches to the property which shall be so designed as not to create any interference with traffic on surrounding public streets or roads; and

8.

Will not result in the destruction, loss or damage of a natural scenic or historic feature of major importance.

e.

Conditions set forth above and in article XI of this chapter for the various special use are minimum. In approving a proposed special use, town council may stipulate such additional requirements as are necessary to the public interest. The town council may require the applicant to furnish a performance bond in an amount sufficient for, and conditional upon, the fulfilling of any and all conditions and requirements stipulated by the respective board.

f.

If the town council approves the application for a zoning certificate for a proposed special use, the zoning administrator shall issue a zoning certificate in accordance with subsection (2) of this section, indicating the special nature of the use.

g.

If the town council disapproves the application for a zoning certificate for a proposed special use, the town council shall inform the applicant of the decision in writing within 60 days from the date of the public hearing, stating the reasons for disapproval. The zoning administrator shall retain one copy of the site plan and two copies of the refusal and keep them as a public record.

h.

Substantially the same petition affecting the same land shall not be considered within any 12-month period.

i.

Prior to an expansion of an approved special use, the owner, or his agent, must submit an application for an amended zoning certificate application for a special use, in accordance with the special use provisions herein, whenever the cumulative expansion, or expansions, exceeds 25 percent in the aggregate of floor area of the structure, or use, originally approved for the current special use.

(4)

Expiration. A zoning certificate shall automatically expire 12 months from the date of issuance if the persons, firm, or corporation to which the certificate was issued has not clearly demonstrated that the certificate is being exercised for the purpose for which it was issued, or if the work so authorized is suspended or discontinued for a period of 12 months.

(5)

Certificate of zoning compliance. It shall be unlawful to use or occupy or permit the use of occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued by the zoning administrator, or his appointed agent, stating that the proposed use of the building or land conforms to the requirements of this chapter in accordance with the approved zoning certificate or variance. A certificate of use or occupancy, as required in section 119.0 of the county building code, shall not be issued by the building inspector until a certificate of zoning compliance has been issued. For convenience and at the discretion of both the zoning administrator and the building inspector, the certificate of zoning compliance and certificate of use or occupancy may be combined as one certificate.

(Zoning Ord. 2003, § 18.1-1003)

The town council may, from time to time, after examination, review and public hearing thereon, amend, supplement or change the provisions herein or subsequently established. Proposals for zoning amendments, whether initiated by the town council, the commission, or by written petition of the owner, contract purchasers with the owner's written consent, or the owner's agent therefore, of the property which is the subject of the proposed zoning map amendment, shall be treated in accordance with the following procedure:

(1)

An application must be submitted in writing to the zoning administrator on a form provided by him and must be accompanied by two copies of an approvable site plan, where applicable, of the proposed amendment in accordance with article XI of this chapter and with such other reasonable information shown thereon as be required by the zoning administrator. The zoning administrator shall submit said application to the commission.

(2)

The commission shall consider the proposed amendment after notice and public hearing in accordance with Code of Virginia, § 15.2-2204, as amended. The commission shall present its recommendations to the town council. Failure of the commission to report 100 days after the first meeting of the commission after the proposed amendment or reenactment has been referred to the commission shall be deemed approval unless the proposed amendment or reenactment has been withdrawn by the applicant prior to the expiration of the time period. In the event of and upon such withdrawal, processing of the proposed amendment or reenactment shall cease without further action as otherwise would be required.

(3)

The town council shall consider the proposed amendment after notice and public hearing in accordance with Code of Virginia, § 15.2-2204, as amended. All motions, resolutions or petitions for amendment to the zoning ordinance and/or map shall be acted upon and a decision made within such reasonable time as may be necessary but not exceeding 12 months from the date the applicant files a complete application 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 zoning ordinance or map, or both. In the event of and upon such withdrawal, processing of the motion, resolution or petition shall cease without further action as otherwise would be required by this section.

(4)

Any petition for a zoning amendment may be withdrawn prior to action thereon by the town council at the discretion of the person, firm, or corporation initiating such a request, upon written notice to the zoning administrator.

(5)

Substantially the same petition affecting the same land shall not be considered within any 12-month period.

(Zoning Ord. 2003, § 18.1-1004)

(a)

Purpose of conditional zoning. The purpose of conditional zoning is to provide a method for permitting the reasonable and orderly development and use of land in those situations in which peculiar specific circumstances indicate that the provisions herein are not adequate. In these cases more flexible and adaptable zoning methods are needed to permit differing land uses and at the same time to recognize effects of change. In such instances reasonable conditions voluntarily proffered by the owner of the subject property to which such conditions are applicable for the protection of the community (which conditions are not generally applicable to other land similarly zoned) when considered with existing zoning ordinance district regulations should cause the requested rezoning to be compatible with existing zoning and uses in the area.

(b)

Approval of conditions as part of an amendment to the zoning map.

(1)

The owner of the property which is the subject of a request of a zoning amendment under section 24-39 shall, if he elects to obtain conditional zoning, voluntarily proffer in writing such conditions as he deems appropriate at the time of filing an application to rezone the property or by such later date as the commission shall establish, but in any event before the commission makes its recommendation to the town council. The written conditions shall be part of the site plan of the property required under article XI of this chapter.

(2)

In the event that additions thereto or modifications thereof are desired by the owner of the property, which is the subject of the proposed zoning amendment, the same shall be made in writing no less than 21 days prior to the time at which the commission makes recommendation to the town council unless the commission:

a.

Specifically waives such time period; or

b.

Specifically establishes such greater or lesser time period as it deems reasonable.

(3)

The town council may consider additional proffers, deletions, and/or amendments to all such conditions provided same have been voluntarily proffered in writing by the owner of the property which is the subject of the proposed zoning amendment prior to advertising the public hearing at which the town council renders its decision thereon.

(4)

If the conditional zoning is approved the applicant must apply for a zoning certificate as required under section 24-38. The application for a zoning certificate may be submitted concurrently with the conditional zoning application.

(c)

Permitted conditions as part of an amendment to the zoning map. The town council may approve reasonable conditions to a zoning amendment provided that the following criteria are met:

(1)

The zoning amendment itself must give rise to the need for the conditions;

(2)

Such conditions shall have a reasonable relation to the zoning amendment;

(3)

Such conditions shall not include a cash contribution to the town;

(4)

Such conditions shall not require mandatory dedication of real or personal property for open space, parks, schools, fire stations, or other public facilities not otherwise authorized by law;

(5)

No condition shall be proffered that is not related to the physical development or physical operation of the property;

(6)

All such conditions shall be in conformity with the town's comprehensive plan; and

(7)

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

(d)

Records of conditional zoning.

(1)

The zoning map shall show by an appropriate symbol the existence of conditions attached to the zoning.

(2)

The zoning administrator shall maintain a conditional zoning index which shall be available in the office of the zoning administrator for public inspection during office hours. The index shall provide ready access to the action taken by the town council creating such conditions in accordance with the provisions herein and shall clearly list all conditions applicable to each.

(3)

Before any permits can be issued to begin construction or for the occupancy of an existing structure, the applicant shall file and record in the office of the clerk of the circuit court of the county the conditions approved by the town council.

These conditions shall be indexed under the names of the landowners of the property being conditionally zoned. The applicant shall submit a notarized letter to the zoning administrator and the building inspector certifying that the conditions have been recorded with the clerk of the circuit court.

(e)

Enforcement and guarantees. In order to ensure the intent and purpose of conditional zoning approved in accordance with the provisions herein, the zoning administrator shall be vested with all necessary authority on behalf of the town council to administer and enforce conditions attached to an amendment to the zoning map including:

(1)

Ordering, in writing, compliance with such conditions;

(2)

Bringing of appropriate legal action or proceeding to ensure compliance;

(3)

Requiring a guarantee, satisfactory to the town council, 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 the improvements and the contractor's guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by the town council, or agent thereof, upon the submission of satisfactory evidence that construction of the improvements has been completed in whole or in part. 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;

(4)

Denial of a zoning certificate prior to the issuance of any occupancy or building permit; and

(5)

Making an annual compliance report to the commission and town council on the anniversary of such approval certifying compliance with such conditions.

(f)

Review of decision by the zoning administrator. Any zoning applicant or any other person who is aggrieved by a decision of the zoning administrator made pursuant to the provisions of Code of Virginia, § 15.2-2299 may petition the town council for review of the decision of the zoning administrator. All petitions for review shall be filed with the zoning administrator and with the town clerk within 30 days from the date of the decision for which review is sought and shall specify the grounds upon which the petitioner is aggrieved. A decision by the town council on an appeal taken pursuant to this section shall be binding upon the owner of the property which is the subject of such appeal only if the owner of such property has been provided written notice of the zoning violation, written determination, or other appealable decision.

An aggrieved party may petition the circuit court for review of the decision of the governing body on an appeal taken pursuant to this section. The provisions of Code of Virginia, § 15.2-2285(F) shall apply to such petitions to the circuit court, mutatis mutandis.

(g)

Amendments and variations of conditions.

(1)

Subject to any applicable public notice or hearing requirement of subsection (g)(2) of this section but notwithstanding any other provision of law, any landowner subject to conditions proffered pursuant to Code of Virginia, § 15.2-2297, 15.2-2298, 15.2-2303, or 15.2-2303.1 may apply to the town council for amendments to or variations of such proffered conditions provided only that written notice of such application be provided in the manner prescribed by Code of Virginia, § 15.2-2204(B). Further, the approval of such an amendment or variation by the governing body shall not in itself cause the use of any other property to be determined a nonconforming use.

(2)

There shall be no such amendment or variation of any conditions proffered pursuant to Code of Virginia, § 15.2-2297, 15.2-2298, 15.2-2303, or 15.2-2303.1 until after a public hearing before the town council advertised pursuant to the provisions of Code of Virginia, § 15.2-2204. However, where an amendment to such proffered conditions is requested pursuant to subsection (g)(1) of this section, and where such amendment does not affect conditions of use or density, a local governing body may waive the requirement for a public hearing under this section and under any other statute, ordinance, or proffer requiring a public hearing prior to amendment of such proffered conditions.

(3)

Once amended pursuant to this section, the proffered conditions shall continue to be an amendment to the zoning ordinance and may be enforced by the zoning administrator pursuant to the applicable provisions of Code of Virginia, title 15.2, ch. 22 (Code of Virginia, § 15.2-2200 et seq.).

(4)

Notwithstanding any other provision of law, no claim of any right derived from any condition proffered pursuant to Code of Virginia, § 15.2-2297, 15.2-2298, 15.2-2303, or 15.2-2303.1 shall impair the right of any landowner subject to such a proffered condition to secure amendments to or variations of such proffered conditions.

(5)

Notwithstanding any other provision of law, the town council may waive the written notice requirement of subsection (g)(1) of this section in order to reduce, suspend, or eliminate outstanding cash proffer payments for residential construction calculated on a per-dwelling-unit or per-home basis that have been agreed to, but unpaid, by any landowner.

(Zoning Ord. 2003, § 18.1-1005)

State Law reference— Conditional zoning, Code of Virginia, § 15.2-2296 et seq.

In order to cover costs incurred by the town council, the commission, the board of zoning appeals and the zoning administrator incidental to the review, hearing and reporting of the processing applications for a zoning certificate for a permitted use or a special use permit, a zoning amendment, an administrative review, a variance, a site plan and subdivision plats, fees as may be adopted by the town council shall accompany appropriate applications.

(Zoning Ord. 2003, § 18.1-1009)

(a)

Purpose.

(1)

A direct correlation exists between land development decisions and traffic operations. Development pressures within the town have created the potential for the inadequate operation of roadways within the town. The intent of this section is to establish requirements for the analysis and evaluation of transportation impacts created by proposed developments. Development involving significant amounts of traffic shall be evaluated to ensure that adequate capacity is provided to safely and conveniently accommodate traffic demands.

(2)

A traffic impact study assesses the impact of a proposed development, zoning change, or special use approval on the transportation system. Its purposes are to ensure that proposed developments or zoning changes do not adversely affect the existing transportation network, to identify any traffic problems associated with access from the site to the existing transportation network, to outline solutions to potential problems, and to present improvements to be incorporated into the proposed development.

(3)

In order to facilitate the planning necessary to accomplish an effective and efficient transportation system, the town has developed guidelines for a traffic impact study ("study") which identifies general criteria that applicants should address in assessing the transportation impacts of their proposed developments. The purpose of the study guidelines is to standardize the submission of information regarding the impact resulting from development on the immediate transportation network. A study, if required, is to be submitted with a rezoning application or special use permit application or submittal of a subdivision plan or site plan.

(b)

Responsibility. The owner/developer (applicant) has the responsibility for assessing the traffic impacts for a proposed development. The town, with assistance from the local state department of transportation (VDOT) office serves in a review capacity only. This determination should be made in the early planning stages of a project through the use of the preliminary conference.

(c)

Determination of need. Each proposed development will be evaluated based on the conditions surrounding the location and the future land use plans as shown in the comprehensive plan. Those applications (rezoning and special use permits) and plans (subdivision or site plan) whose development will generate greater than 500 vehicle trips per day shall submit a study that addresses the criteria outlined in this section. Applications and plans whose development will generate less than 500 vehicle trips per day shall submit a study that addresses the criteria unless such is waived by the zoning administrator who may use several factors in determining whether a study is required. These factors include, but are not limited to, the following: access onto a roadway classified as an arterial road, the potential impact upon the local and regional road network, the capacity and level of service on the adjacent roadways that will serve the development, roadway geometrics, the type and size of the proposed development, traffic operations at all intersections which provide access to the site, and issues of safety and/or traffic operations.

(d)

Study area. The study area to be addressed by the applicant should be regional in nature and should include all roadways and major intersections affected by the proposed development. The area to be studied should be discussed with during the preapplication conference. The extent of the study area will be determined by the size of the proposed development, type of development, existing and future land uses in the area, and the existing and future transportation network. All traffic proposed to be generated by approved, but unbuilt, development in the study area should be included in the transportation network analysis. This includes all approved subdivision plans, site plans and zoned property. The duration of the study period should include the anticipated build-out of the project plus one additional year to ensure accurate projection of traffic impacts.

(e)

Trip generation rates.

(1)

Trip generation rates may be obtained from the Institute of Transportation Engineers (ITE) Trip Generation Manual (average trip generations), except for residential land uses which should use the following rates:

(2)

Applicants may use other generally accepted documents (such as the Federal Highway Administration's Development of Trip Generation Rates or the Virginia Highway and Transportation Research Council's Special Land Use Trip Generation in Virginia) to obtain trip generation rates, but supporting documentation relative to the rationale for those rates must also be provided. These same general guidelines shall apply to the generation of peak hour flows at major intersections. In the determination of these rates, applicants are encouraged to provide up-to-date (within 12 months from the application date) peak hour traffic counts for all applicable intersections. This may be accomplished through the applicant preparing actual traffic counts (utilizing VDOT performance criteria) or adjusting older VDOT traffic counts (not to be more than three years old) with appropriate population projection data.

(3)

In determining the "build out" for undeveloped parcels in the area, three-fourths (75%) of the maximum allowable residential density should be assumed along with a floor area ratio of 0.25 for retail uses, and 0.4 for office uses, except in cases where the town has been given assurances as to the total residential and commercial development perceived for a given tract of land. Reductions to the figures on external roadways relative to undeveloped parcels in the area may be allowable to allot for internal development trips. Reduction of the figures for internal capture of vehicle trips within the project may be considered. However, the rationale for these reductions should be documented.

(f)

Process. The applicant shall submit copies of the study to the zoning administrator in a reproducible format at the time of application or plan submittal. The zoning administrator will distribute the study and may request opinions and/or decisions either verbal or written, from other departments, divisions, agencies, or authorities of the town or state. All agencies shall act in an expeditious manner to review the study and provide comments to the town. The applicant will be notified in writing of the acceptance of the study.

(g)

Study submission criteria. The study shall be prepared by a person or person professionally qualified to do such work, the identity and qualification to be included. The study shall contain the following information and be provided in the recommended format below.

(h)

Study contents.

(1)

Introduction. A brief description of the size and location of the project, general terrain features, roadways that provide access to the site, and other pertinent information. Study area map, including proposed use of the site along with existing uses in the vicinity of the site shall be included. The outline shall include:

a.

Site location and study area.

b.

Existing and proposed site uses.

c.

Existing and proposed nearby uses.

d.

Existing roadways and programmed improvements.

(2)

Analysis of existing conditions. Existing and proposed zoning for the area, including adjacent parcels, average daily traffic (ADT), peak hour traffic volumes (a.m. and p.m.), evaluation of level of service (LOS) and volume/capacity ratio for all intersections and road segments within the study area. All assumptions, which determine projected background traffic and rationale for all assumptions shall be provided. Specific development project names and respective development square footage or residential units shall be provided where appropriate. The phasing of development, as it relates to traffic generation projections, shall be described. All traffic counts and level of service worksheets shall be included as a part of the traffic study. The traffic-modeling program used shall be identified. The outline shall include:

a.

Daily and peak hour traffic volumes.

b.

Capacity analyses at critical points.

c.

Levels of service at critical points.

(3)

Analysis of future conditions without development. Describe the anticipated traffic volumes in the future and the ability of the transportation network to accommodate this traffic. The study should look at both short-term (three to five years) forecasts and long-term (ten to 15 years) forecasts. The traffic study shall include maps depicting the preferred alternative. One map should depict existing versus proposed conditions, drawn to scale. One map should depict existing versus proposed right-of-way. Under most circumstances, the applicant, minimizing disruption to adjoining properties, should implement improvements. In areas of complex traffic patterns, the applicant may propose to implement part of a larger scale solution. The outline shall include:

a.

Daily and peak hour traffic volumes.

b.

Capacity analyses at critical points.

c.

Analysis should include programmed improvements.

d.

Level of service at critical points.

(4)

Trip generation. The directional distribution of trips generated by the proposed development both internally and externally at major intersections should be documented. The rationale for the distribution should also be provided (i.e., access to major transportation arteries or location of commercial centers). Applicants should give consideration to limiting factors that will affect the capacity of the roadways in the study area and make the appropriate adjustments to the transportation network trip generation rates. These factors include, but should not be limited to, severe horizontal and vertical curvature, heavy truck traffic, poor lateral clearance, poor surface condition, poor shoulder condition, and signalization.

(5)

Analysis of future conditions with development. Documentation of the level of service post development. The applicant may incorporate projected new approach and turn lanes, and pedestrian, transit, and paratransit transportation modes to be provided by the applicant or otherwise assured to the town through approved site plan, subdivision plans, rezonings, or special use permits. Documentation as to the reasons for traffic generation being mitigated from these projects should be incorporated into the study. Access crossovers, speed limit changes, or traffic signal locations/installations may only be considered upon approval by VDOT. The outline shall include:

a.

Future daily and peak hour traffic volumes.

b.

Capacity analyses at critical points.

c.

Analysis should include proffered improvements.

d.

Levels of service at critical points.

(6)

Recommended improvements. If unsatisfactory levels of service are to occur, then the applicant should provide the town with any proposed improvements (including project phasing) which will mitigate any negative impacts generated by the proposed development. The applicant shall document to the town some form of assurance that these improvements will be in place prior to the proposed negative impacts being generated. The outline shall include:

a.

Proposed improvements.

b.

Capacity analyses at critical points (with improvements).

c.

Levels of service at critical points (with improvements).

(7)

Conclusions. Executive summary of study's findings.

(i)

Alternative requirements. The requirements in this section are intended to supplement requirements imposed by the Commonwealth. As such:

(1)

The study or studies required by traffic impact review regulations shall be submitted to the reviewing authority, as required, and a full written response by the appropriate reviewing authority submitted to the zoning administrator along with the application for approval of the development proposal prior to the application being considered complete. As such, the time required for the traffic impact review shall not overlap with the time required for the return of a decision by any town agency.

(2)

All fees required for the traffic impact review shall be paid by the person submitting the development proposal.

(Zoning Ord. 2003, § 18.1-919)

Site plan review is intended to ensure proper design in types of development which can have deleterious effects on their surroundings. These effects are subject to modification or reduction through the physical design of such development. Review of the design, therefore, is aimed at the greatest possible benefit to the community as a result of building and site design.

(Zoning Ord. 2003, § 18.1-1101)

(a)

Whenever the owner or proprietor of any tract of land located within the town desires to develop any class of use listed in section 24-75, he shall submit a plan of the proposed development to the zoning administrator for processing.

(b)

The owner or his representative is encouraged to consult with the zoning administrator for advice and assistance on the development. The owner may submit sketch plans and data showing existing conditions within the site and in its vicinity and the proposed layout of the development. The zoning administrator shall return a copy of the submitted sketch plans to the developer with written comments indicating where the plans do not comply with the requirements set forth herein. Submission of said sketch plans and accompanying data shall not constitute the official filing of a proposed subdivision.

(c)

When the zoning administrator determines that an application involves development requiring site plan review, the zoning administrator shall notify the applicant that such review is required and shall require the documentation listed in this section. Any development meeting the criteria in section 24-75 shall be reviewed and be made subject to approval by the planning commission. The planning commission may approve, approve with conditions, or deny approval of a site plan.

(d)

Any person proposing a development that requires a site plan under section 24-75 shall submit to the zoning administrator six copies of a site plan showing the general design and layout of the development. The zoning administrator shall transmit copies of the site plan to VDOT, the health department, the erosion and sediment control officer, or any other relevant agency or department.

(e)

The site plan shall be reviewed in accordance with the procedures set forth in this section.

(f)

Within 45 days after submission of the site plan and accompanying documents to the zoning administrator, the commission shall approve, approve with conditions, or disapprove the site plan; the commission shall cause to have prepared two copies of a statement noting reasons for commission disapproval or conditional approval, if applicable, and shall return one copy of statement and plat to the developer with notification in writing of the action of the commission. One copy of said statement and preliminary plat shall be retained by the zoning administrator for comparison with future site plans, where applicable, submitted by the developer.

(g)

The approval for any site plan approved by the planning commission shall expire and be null and void 12 months after the vote for approval if construction has not begun.

(h)

The approval of site plans solely involving parcels of commercial real estate by the planning commission or other agent shall be governed by subsections (i) through (m) of this section. For the purposes of this section, the term "commercial" means all real property used for commercial or industrial uses.

(i)

The planning commission shall act on any proposed site plan within 60 days after it has been officially submitted for approval by either approving or disapproving the plan in writing and giving with the latter specific reasons therefor. The planning commission or other agent shall not delay the official submission of any site plan by requiring presubmission conferences, meetings, or reviews. The commission or agent shall thoroughly review the plan and shall in good faith identify, to the greatest extent practicable, all deficiencies, if any, with the initial submission. However, if approval of a feature or features of the plan by a state agency or public authority authorized by state law is necessary, the commission or agent shall forward the plan to the appropriate state agency for review within ten business days of receipt of such plat or plan. Specific reasons for disapproval shall be contained either in a separate document or on the plan itself. The reasons for disapproval shall identify deficiencies in the plan that caused the disapproval 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.

(j)

In the review of a resubmitted site plan that has been previously disapproved, the planning commission or other agent shall consider only deficiencies it had identified in its review of the initial submission of the plan that have not been corrected in such resubmission and any deficiencies that arise as a result of the corrections made to address deficiencies identified in the initial submission. In the review of the resubmission of a plan, the planning commission or other agent shall identify all deficiencies with the proposed plan that caused the disapproval by reference to specific duly adopted ordinances, regulations or policies and shall identify modifications or corrections that will permit approval of the plan. Upon the second resubmission of such disapproved plan, the local planning commission or other agent's review shall be limited solely to the previously identified deficiencies that caused its disapproval.

(k)

The local planning commission or other agent shall act on any site plan that it has previously disapproved within 45 days after the plan has been modified, corrected and resubmitted for approval. The failure of the planning commission or other agent to approve or disapprove a resubmitted plat or plan within the time periods required by this section shall cause the plan to be deemed approved.

(l)

Notwithstanding the approval or deemed approval of any site plan, any deficiency in any proposed plat or plan that, if left uncorrected, would violate local, state or federal law, regulations, mandatory state department of transportation engineering and safety requirements, and other mandatory engineering and safety requirements, shall not be considered, treated or deemed as having been approved by the planning commission or other agent. Should any resubmission include a material revision of infrastructure or physical improvements from the earlier submission or if a material revision in the resubmission creates a new required review by the state department of transportation or by a state agency or public authority authorized by state law, then the planning commission or other agent's review shall not be limited to only the previously identified deficiencies identified in the prior submittals and may consider deficiencies initially appearing in the resubmission because of such material revision.

(m)

Upon receipt of the approvals from all state agencies and other agencies, the local agent shall act upon a plat within 35 days.

(Zoning Ord. 2003, § 18.1-1102)

State Law reference— Site plan approval, Code of Virginia, § 15.2-2259.

The following types of development shall be subject to the site plan review provisions under section 24-76:

(1)

All commercial, industrial and institutional buildings that have 2,000 square feet or more in floor area, including buildings converted from any other use to commercial, industrial or institutional use.

(2)

All institutional facilities such as schools, hospitals and clubs.

(3)

All residential developments involving more than four dwelling units in one building or three on one lot.

(4)

Mobile home parks.

(5)

Special use applications involving more than 2,000 square feet of new building area.

(6)

Conditional zoning applications.

(7)

Townhouse development projects.

(8)

Any proposed building that has 2,000 square feet or less in floor area will require only an informational sketch for review.

(9)

Any use listed as specifically requiring a site plan.

(Zoning Ord. 2003, § 18.1-1103)

The following requirements shall govern documents submitted for site plan review:

(1)

Site plans shall be submitted at a scale of not less than one inch equals 100 feet.

(2)

Six clearly legible blue-line or black-line copies of the site plan shall be submitted. Additional copies may be required by the zoning administrator if deemed necessary by the zoning administrator.

(3)

The names and addresses of owner and developer and a scale and north arrow shall be included on all maps.

(4)

The following information shall be included on the map of existing conditions:

a.

Names and addresses of owners of record of all adjacent properties;

b.

Current zoning boundaries, including surrounding areas to a distance of 100 feet from the property in question;

c.

Easements, rights-of-way, or other reservations affecting the property;

d.

Topography;

e.

Location of watercourses, marshes, rock outcroppings and wooded areas;

f.

Location of buildings existing on the tract to be developed and on adjacent tracts within a distance of 100 feet, indicating whether existing buildings on the tract are to be retained, modified or removed; and

g.

Location of existing water mains, culverts, drains, pipe sizes, grades and direction of flow.

(5)

The following information shall be included on the map of proposed development:

a.

Stormwater management and erosion control measures as required by relevant law and regulations. Approval of the measures by the applicable regulatory agency shall not be required prior to the town's site plan review, but confirmation of drawings have been delivered to such agencies shall accompany the site plan;

b.

Location and size of proposed buildings and uses thereof;

c.

Proposed topography;

d.

Proposed streets and other access and egress facilities (indicating curblines, sidewalk lines and public right-of-way lines); profiles and cross-sections of streets. Certification from VDOT that the site plan meets all appropriate VDOT criteria shall be included in the site plan application package;

e.

Layout of off-street parking;

f.

Location of proposed utility lines, indicating where they already exist and whether they will be underground;

g.

Proposed water and sanitary sewer facilities, including pipe type, size, grades and design factors as appropriate. Certification from the town that a satisfactory plan to install the proposed new facilities has been provided shall accompany the site plan;

h.

Proposed location, direction of, power, and time and use of outdoor lighting. Lighting facilities shall be provided and arranged so that light is directed downward and not horizontally or at adjacent properties with special care to as to not negatively impact residential areas;

i.

Proposed planting, including all landscaping and screening, and indicating existing trees to be retained and areas to be left undisturbed;

j.

Location, size and design of proposed signs;

k.

Facilities for disposal of trash and other solid waste;

l.

Elevations of buildings to be built or altered on site; and

m.

Vicinity map at a scale no smaller than 600 feet to one inch, showing all streets and property within 1,000 feet of the property for which the application is made. All properties owned or controlled by the applicant in this area shall be identified.

(6)

The planning commission may require additional information for a special use to determine its eligibility under this chapter.

(Zoning Ord. 2003, § 18.1-1104)

For those permitted uses not requiring special site plan review under section 24-75, two copies of an acceptable site plan and sketch reasonable information shown thereon shall be submitted to the zoning administrator along with the zoning certificate application. Such site plan shall include, as a minimum, the following: lot dimensions with property line monuments located thereon, location and size of existing and proposed structures; yard dimensions and the use of structures; easements (private and public); watercourses; fences; street names and street right-of-way lines; and such other information regarding abutting property as directly affects the application.

(Zoning Ord. 2003, § 18.1-1105)

(a)

The following types of development shall be subject to the site plan review provisions under section 24-77 for a minor site plan of this article:

(1)

A proposed revision to a site plan where an existing major site plan is on file;

(2)

All development requiring a commercial entrance permit from the Virginia Department of Transportation; and

(3)

Any new commercial development on a commercially zoned lot.

(b)

The following requirements shall govern documents submitted for minor site plan review:

(1)

The scale shall be no less than one inch equals to 100 feet. The zoning administrator or planning director may accept a scale which is sufficient to clearly show all required details on the plat;

(2)

Drawings may be submitted on paper size as small as 11" x 17" if all notes are clearly legible; and

(3)

The names and addresses of owner and developer, a scale and north arrow shall be included on all maps.

(c)

The following information shall be included on the map of existing conditions:

(1)

Names and addresses of owners of record of all adjacent properties and tax map numbers;

(2)

Current zoning boundaries, including surrounding to a distance of 300 feet;

(3)

Easements, rights-of-way, or other reservations affecting the property;

(4)

Topography and flood plain elevation, if applicable;

(5)

Location of watercourses, marshes, rock out-cropping and wooded areas;

(6)

Location of buildings existing on the tract to be developed indicating whether existing buildings on the tract are to be retained, modified or removed;

(7)

Location of existing water mains, culverts, drains, pipe sizes, grades and direction of flow; and

(8)

The location of mapped dam break inundation zones and their impact on the development.

(d)

The following information shall be included on the map of proposed development:

(1)

Signature blocks for the zoning administrator, or his/her designee, Virginia Department of Transportation, and the Health Department, when applicable;

(2)

Location and size of proposed buildings and uses thereof;

(3)

Proposed streets and other ingress and egress facilities (indicating curb lines, sidewalk lines and public right-of-way lines); meeting the Minimum Standards of Entrances to the State Highways;

(4)

Layout of off-street parking;

(5)

Location of proposed utility lines, indicating where they already exist and whether they will be underground;

(6)

Proposed planting, including all landscaping and screening and indicating existing trees to be retained and areas to be left undisturbed;

(7)

Facilities for disposal of trash and other solid waste;

(8)

Elevations of buildings to be built or altered on-site; and

(9)

All private waste disposal systems including their reserve areas.

(Ord. No. 240410B, 4-10-2024)

The town planning commission is hereby reestablished and continued in order to promote the orderly development of the town and its environs. In accomplishing the objectives of Code of Virginia, § 15.2-2200, as amended, the planning commission shall serve primarily in an advisory capacity to the town council.

(Zoning Ord. 2003, § 18.1-1403.01)

The planning commission shall consist of seven members. Planning commissioners shall be required to take an oath of office before the clerk of the circuit court before assuming their duties.

(Zoning Ord. 2003, § 18.1-1403.03)

The town board of zoning appeals, hereinafter referred to as the board of appeals, is hereby reestablished and continued.

(Zoning Ord. 2003, § 18.1-1402)

A board of consisting of five members shall be appointed by the circuit court of the county.

(Zoning Ord. 2003, § 18.1-1402.01)

The board of appeals shall observe the following procedures:

(1)

The board of appeals shall adopt rules in accordance with the provisions of this chapter and consistent with other ordinances of the town and general laws of the Commonwealth of Virginia for the conduct of its affairs.

(2)

The board of appeals shall elect a chairperson and vice-chairperson from its own membership who shall serve annual terms as such and may succeed themselves. The board may elect as its secretary either one of its members or a qualified individual who is not a member of the board. A secretary who is not a member of the board shall not be entitled to vote on matters before the board. The election of officers shall be held at the first meeting of the board of appeals after July 1 of each year.

(3)

The board of appeals shall keep a full public record of its proceedings and shall submit a report of its activities to the town council at least once each year.

(4)

All meetings of the board of appeals shall be open to the public.

(5)

Any member of the board of appeals shall be disqualified to act upon a matter before the board with respect to property in which the member has an interest.

(6)

The meetings of the board of appeals shall be held at the call of the chairperson and at such other times as a quorum of the board of appeals may determine.

(7)

The chairperson or, in his absence, the vice-chairperson or acting chairperson, may administer oaths and compel the attendance of witnesses.

(8)

A quorum shall be at least three members.

(9)

A favorable vote of at least three members of the board of appeals shall be necessary to reverse any order, requirement, decision, determination of any administrative official or to decide in favor of the applicant on any matter upon which the board of appeals is required to pass.

(Zoning Ord. 2003, § 18.1-1402.02)

The board of appeals shall have the duties and powers as set forth in Code of Virginia, § 15.2-2309.

(Zoning Ord. 2003, § 18.1-1402.03)

Request for a hearing before the board of appeals for a variance or an interpretation of the zoning district map shall observe the following procedure:

(1)

Applications for a variance, or an interpretation of the zoning district map, as provided for under section 24-127, shall be submitted in writing to the zoning administrator and shall be accompanied by two copies of an approvable site plan, where applicable, of the proposed request in accordance with article XI of this chapter and with such other reasonable information shown thereon as shall be required by the zoning administrator. The zoning administrator shall submit said application concurrently to the commission and the board of zoning appeals.

(2)

The commission may consider the proposed request and may present its recommendations to the board of zoning appeals or appear as a party at the hearing.

(3)

The board of zoning appeals shall consider the proposed request after notice and public hearing in accordance with Code of Virginia, § 15.2-2204, as amended, and shall take action on the proposed request within 60 days from the date of the public hearing.

(4)

Any petition for a variance or interpretation of the zoning district map may be withdrawn prior to action thereon by the board of zoning appeals at the discretion of the person, firm, or corporation initiating such a request upon written notice to the zoning administrator.

(5)

Substantially the same petition affecting the same land shall not be considered within any 12-month period.

(6)

Each application for a variance or interpretation of the zoning district map shall be accompanied by payment of a fee in accordance with section 24-41 to help defray the cost of publicizing and conducting the public hearing.

(Zoning Ord. 2003, § 18.1-1006)

(a)

Appeals on final subdivision plat decisions. If the zoning administrator disapproves a plat and subdivider contends that such disapproval was not properly based on the provisions of this article, or was arbitrary or capricious, he may appeal to the circuit court. The circuit court shall hear and determine the case as soon as may be practical, provided that his appeal is filed with the circuit court within 60 days of the written disapproval by the zoning administrator.

(b)

Appeals of other decisions by the zoning administrator. Decisions of the zoning administrator relating to the administrative enforcement of the provisions herein are subject to an appeal to the board of zoning appeals by any person aggrieved by any officer, department, or board of the town affected by said decisions.

(1)

An appeal shall be submitted in writing to the zoning administrator who shall immediately refer the written appeal to the board of zoning appeals; such appeals shall specify the grounds for appeal.

(2)

Each appeal shall be accompanied by payment of a fee in accordance with section 24-41 to help defray the cost of publicizing and conducting the public hearing.

(3)

The board of zoning appeals shall fix a reasonable time for the hearing of appeals referred to said board; the board of zoning appeals shall consider appeals after notice and hearing as required by Code of Virginia, § 15.2-2204, as amended, and decide the same within 60 days from the date of such public hearing.

(c)

Appeals on decisions by the town council. All decisions by the town council are subject to an appeal to the circuit court by any person, firm, corporation, or governmental agency aggrieved by said decisions.

(Zoning Ord. 2003, § 18.1-1008)

(a)

Any person jointly or severally aggrieved by any decision of the board of zoning appeals, or any aggrieved taxpayer or any officer, department, board or bureau of the locality, may file with the clerk of the circuit court for the county or city a petition that shall be styled "In Re: date decision of the board of zoning appeals of [locality name]" specifying the grounds on which aggrieved within 30 days after the final decision of the board.

(b)

Upon the presentation of such petition, the court shall allow a writ of certiorari to review the decision of the board of zoning appeals and shall prescribe therein the time within which a return thereto must be made and served upon the secretary of the board of zoning appeals or, if no secretary exists, the chair of the board of zoning appeals, which shall not be less than ten days and may be extended by the court. Once the writ of certiorari is served, the board of zoning appeals shall have 21 days or as ordered by the court to respond. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown, grant a restraining order.

(c)

Any review of a decision of the board shall not be considered an action against the board and the board shall not be a party to the proceedings; however, the board shall participate in the proceedings to the extent required by this section. The governing body, the landowner, and the applicant before the board of zoning appeals shall be necessary parties to the proceedings in the circuit court. The court may permit intervention by any other person or persons jointly or severally aggrieved by any decision of the board of zoning appeals.

(d)

The board of zoning appeals shall not be required to return the original papers acted upon by it but it shall be sufficient to return certified or sworn copies thereof or of the portions thereof as may be called for by the writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

(e)

The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

(f)

In the case of an appeal from the board of zoning appeals to the circuit court of an order, requirement, decision or determination of a zoning administrator or other administrative officer in the administration or enforcement of any ordinance or provision of state law, or any modification of zoning requirements pursuant to Code of Virginia, § 15.2-2286, the findings and conclusions of the board of zoning appeals on questions of fact shall be presumed to be correct. The appealing party may rebut that presumption by proving by a preponderance of the evidence, including the record before the board of zoning appeals, that the board of zoning appeals erred in its decision. Any party may introduce evidence in the proceedings in the court. The court shall hear any arguments on questions of law de novo.

(g)

In the case of an appeal by a person of any decision of the board of zoning appeals that denied or granted an application for a variance, the decision of the board of zoning appeals shall be presumed to be correct. The petitioner may rebut that presumption by proving by a preponderance of the evidence, including the record before the board of zoning appeals, that the board of zoning appeals erred in its decision.

(h)

In the case of an appeal by a person of any decision of the board of zoning appeals that denied or granted application for a special exception, the decision of the board of zoning appeals shall be presumed to be correct. The petitioner may rebut that presumption by showing to the satisfaction of the court that the board of zoning appeals applied erroneous principles of law, or where the discretion of the board of zoning appeals is involved, the decision of the board of zoning appeals was plainly wrong, was in violation of the purpose and intent of the zoning ordinance, and is not fairly debatable.

(i)

In the case of an appeal from the board of zoning appeals to the circuit court of a decision of the board, any party may introduce evidence in the proceedings in the court in accordance with the Rules of Evidence of the state supreme court.

(Zoning Ord. 2003, § 18.1-1402.06)

State Law reference— Similar provisions, Code of Virginia, § 15.2-2314.

All departments, officials, and public employees of the town who are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this chapter. Any such permit, if issued in conflict with the provisions of this chapter, shall be null and void.

(Zoning Ord. 2003, § 18.1-1501.01)

Upon effective date of the ordinance from which this chapter is derived, the following provisions shall be in effect:

(1)

No person shall subdivide land without making and recording a plat of such subdivision and without fully complying with the provisions of this chapter.

(2)

No such plat of any subdivision shall be recorded unless and until it shall have been submitted to and approved by the zoning administrator.

(3)

No person shall sell or transfer any land of a subdivision, before such plat has been duly approved and recorded, as provided herein, unless such subdivision was lawfully created prior to June 4, 1956, provided that nothing herein contained shall be construed as preventing the recordation of the instrument by which such land is transferred or the passage of title as between the parties to the instrument.

(4)

No clerk of any court shall file or record a plat of a subdivision required by this chapter to be recorded until such plat has been approved as required herein.

(Zoning Ord. 2003, § 18.1-1501.02)

Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the zoning administrator. The zoning administrator shall record such complaint, immediately investigate, and take action thereon provided by this chapter.

(Zoning Ord. 2003, § 18.1-1502)

(a)

Any use not expressly permitted or permitted by special use permit in a specific district is prohibited.

(b)

Except as provided for in section 24-169, any person, firm or corporation, whether as owner, lessee, principal, agent, employer, employee, or otherwise, who violates, or causes or permits the violation of any of the provisions of this chapter, including, but not limited to, provisions of the district regulations, proffers accepted by the town council, or conditions of approval imposed by the town council, or the improvement, development, or alteration of any site in violation of any plan approved pursuant to this chapter, shall be subject to:

(1)

A civil penalty, as provided in section 24-168.1; or

(2)

A criminal penalty, as provided in section 24-168.2.

Such person, firm, or corporations shall be deemed to be guilty of, or liable for, a separate offense for each and every day during which any portion of any violation of this chapter is committed, continued, or permitted by such person, firm, or corporation and shall be punishable as herein provided. If the violation is uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in compliance with the zoning ordinance, within a time period established by the court, not to exceed six months from the date of the finding of guilt, finding of liability, or admission of liability. Failure to remove or abate a zoning violation within the specified time period shall constitute a separate offense.

(c)

The pursuit of civil or criminal penalties for a violation shall not preclude the town from pursuing injunctive relief, or from any other appropriate proceeding to restrain, correct, or abate such violation.

(Zoning Ord. 2003, § 18.1-1503.01)

State Law reference— Similar provisions, Code of Virginia, § 15.2-2286(A)(5).

(a)

Except as otherwise provided elsewhere in sections 24-168 through 24-169, any person who violates or fails to comply with any of the provisions or requirements of this chapter shall be subject to a civil penalty of $200.00 for the initial summons or ticket, and a civil penalty of $500.00 for each additional summons or ticket arising from the same set of operative facts.

(b)

Each day during which any violation exists shall constitute a separate offense. However, in no event shall any such violation arising from the same set of operative facts be charged more frequently than once in any ten-day period, nor shall a series of such violations arising from the same set of operative facts result in civil penalties which exceed a total of $5,000.00.

(c)

Proceedings seeking civil penalties for violations of this chapter shall commence either by the filing of a civil summons in the general district court or by issuance of a ticket by the zoning administrator or his designee. A ticket shall only be issued by the zoning administrator or his designee when, in the judgment of the zoning administrator or his designee, the violation can be corrected without significant delay and the violator has failed to do so after being given a reasonable opportunity to do so.

(d)

The summons or ticket shall provide that any person summoned for a violation may elect to pay the civil penalty by making an appearance in person or in writing by mail to the town treasurer's office at least 72 hours prior to the time and date fixed for trial and, by such appearance, may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged. Such summons shall provide that a signature to an admission of liability shall have the same force and effect as a judgment of court; however, an admission shall not be deemed a criminal conviction for any purpose.

(e)

A civil summons or ticket issued shall contain the following information:

(1)

The name and address of the person charged;

(2)

The nature of the violation;

(3)

The location(s) and date(s) that the infraction occurred or was observed;

(4)

The amount of the civil penalty assessed for the violation;

(5)

The manner, location and time in which the civil penalty may be paid to the county; and

(6)

The right of the recipient of a civil summons to elect to stand trial for the violation, and either the date scheduled for such trial or the date for scheduling of such trial by the court.

(f)

If a person charged with a violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided by law. A finding of liability shall not be deemed a criminal conviction for any purpose.

(g)

The total civil penalties from a series of violations arising from the same set of operative facts shall not exceed $5,000.00. Designation of a particular violation of this chapter for a civil penalty pursuant to this section shall be in lieu of criminal sanctions; and such designation shall preclude the prosecution of a violation as a criminal misdemeanor; provided, however, that after the civil penalties reach the $5,000.00 limit, the violation may be prosecuted as a criminal misdemeanor under section 24-168.2.

(h)

This section shall not be construed to allow the imposition of civil penalties for:

(1)

Activities related to land development;

(2)

The violation of any provision of this chapter relating to the posting of signs on public property or public rights-of-way; or

(3)

Any zoning violation resulting in injury to any persons.

(a)

A person shall be guilty of a misdemeanor offense if he commits any of the following violations of this chapter:

(1)

Any violation of the provisions of this chapter that results in physical harm or injury to any person;

(2)

Any violation or failure to comply that occurs after the $5,000.00 maximum aggregate civil penalty provided in section 24-168.1 has been reached;

(3)

Any sign posted on public property or in public rights-of-way in contravention of this chapter;

(4)

Any land development activity without applicable permit;

(5)

Any violation for which a criminal prosecution had already commenced prior to the enactment of this section; or

(6)

Any violation or failure to comply with any of the requirements of this chapter related to the number of unrelated persons in a single-family residential dwelling. Any such violation shall be punishable by a fine of up to $2,000.00. Failure to abate the violation within the specified time period shall be punishable by a fine of up to $5,000.00, and any such failure during any succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-day period, punishable by a fine of up to $7,500.00. However, no such fine shall accrue against an owner or managing agent of a single-family residential dwelling during the pendency of any legal action commenced by such owner or managing agent against a tenant to eliminate an overcrowding condition in accordance with chapter 13.2 of title 55 of the Code of Virginia, as applicable. A conviction from a violation of provisions regulating the number of unrelated persons in a single-family residential dwelling shall not be punishable by a jail term.

(b)

Except as provided in paragraph 6 of subsection A, misdemeanor offenses described in this section shall be punishable by a fine of not more than $1,000.00. If the violation is uncorrected at the time of conviction, the court shall order the person convicted to abate or remedy the violation in compliance with this chapter, within a time period established by the court. Failure to remove or abate such violation within the time period established by the court shall constitute a separate misdemeanor offense punishable by a fine of not more than $1,000.00; any such failure during a succeeding ten-day period shall constitute a separate misdemeanor offense punishable by a fine of not more than $1,500.00; and any such failure during any succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-day period punishable by a fine of not more than $2,000.00.

The following penalties for violation of the subdivision of land provisions of this chapter shall apply:

(1)

Any person, firm or corporation, whether as principal agent, employed or otherwise, violating the provisions in section 24-166(1) through (3) shall be subject to a fine of not more than $500.00 for each lot or parcel of land so subdivided or transferred or sold; and the description of such lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not except the transaction form such penalties or form the remedies herein provided.

(2)

Any clerk of any court violating the provisions in section 24-166(4) shall be subject to the penalties of Code of Virginia, § 17.2-223.

(Zoning Ord. 2003, § 18.1-1503.02)

(a)

Governmental laws. Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted statutes, rules, regulations or ordinances, the most restrictive or that imposing higher standards shall govern.

(b)

Private contracts. This chapter bears no relation to any private easement, covenant, agreement or restriction, nor does this chapter grant the authority to any public official the responsibility of enforcing such private easement, covenant, agreement or restriction implied herein. In the enforcement of the provisions herein, where such provisions are more restrictive than those required by private contracts, the provisions of this chapter shall govern.

(Zoning Ord. 2003, § 18.1-1504)

Each phrase, sentence, paragraph, section, or other provision of this chapter is severable from all other such phrases, sentences, paragraphs, sections, and provisions. Should any phrase, sentence, paragraph, section or provision of this chapter be declared by the courts to be unconstitutional or invalid, such declaration shall not affect any other portion or provision of this chapter.

(Zoning Ord. 2003, § 18.1-1505)