The zoning administrator shall be the director of planning and community development or other official designated by the town manager.

1001.01. Powers and duties of the zoning administrator. The zoning administrator is authorized and empowered on behalf of and in the name of the council to administer and enforce the provisions set forth herein to include receiving applications, inspecting premises, and issuing zoning permits for uses and structures which are in conformance with the provisions of this Land Development Ordinance. The zoning administrator shall have all necessary authority on behalf of the council to administer and enforce this Land Development Ordinance, including the ordering in writing of the remedying of any condition found in violation of this Land Development Ordinance, and the bringing of legal action, including injunction, abatement, or other appropriate action or proceeding, to ensure compliance with this Land Development Ordinance. The zoning administrator does not have the authority to take final action on applications or matters involving variances on which final action is reserved for the board of zoning appeals, nor on conditional uses on which final action is reserved to the town council. In addition, the zoning administrator may, in specific cases, make findings of fact and, with the concurrence of the town attorney, conclusions of law regarding determinations of rights accruing under Code of Virginia, § 15.2-2307 or § 15.2-2311(C). Any zoning violation notice or other written order of the zoning administrator shall include a statement informing the recipient that he may have a right to appeal the notice of a zoning violation or a written order within 30 days in accordance with this Land Development Ordinance, and that the decision shall be final and unappealable if not appealed within 30 days. The zoning violation or written order shall include the applicable appeal fee and a reference to where additional information may be obtained regarding the filing of an appeal. The appeal period shall not commence until the statement is given and the written or is sent by registered or certified mail to, or pasted at, the last known address or usual place of abode of the property owner or its registered agent, if any. There shall be a rebuttable presumption that the property owner's last known address is that shown on the current real estate tax assessment records, or the address of a registered agent that is shown in the records of the clerk of the state corporation commission.

1001.02. Powers and duties relating to subdivision regulation. The zoning administrator is authorized and empowered to act as the agent of the council in dealing with subdivision procedures and shall have the following duties and responsibilities:

a.

The zoning administrator shall establish such administrative rules and procedures as are necessary for the proper administration of subdivision procedures.

b.

The zoning administrator shall, as required in the performance of duties specified in this article, consult with other departments of government in considering details of any submitted plat.

c.

The zoning administrator may waive procedural and design requirements provided land subdivided is along a publicly dedicated and approved street accepted for maintenance by the town and where no new streets, water, or sewer lines are involved.

d.

The zoning administrator shall verify that any conditions or stipulations made by council in the preliminary review are performed. Upon the satisfactory completion of such conditions and other requirements of the final plat as specified in section 1204 the approval of the zoning administrator shall constitute final plat approval.

(Ord. No. 24-2, 3-12-2024)

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

1002.01. Issuance and display. The zoning administrator shall issue a zoning permit for any permitted use, with or without structures, or for any structural alteration, provided such proposed use of land or structure, or structural alteration, is in conformance with the provisions set forth herein. The zoning permit shall indicate whether the use is a permitted use by right, a conditional use, or a variance. For land uses or alterations affecting five parcels or less, such permit shall be conspicuously posted and displayed on the premises during the period of construction or reconstruction. The zoning permit may be incorporated into the building permit issued under the building code.

1002.02. Application procedures for permitted uses. Applications for a zoning permit shall be submitted to the zoning administrator according to the following provisions:

a.

For all uses other than single-family or two-family dwellings, an application for a zoning permit for a permitted use shall be accompanied by two copies of a site plan meeting the requirements of this Land Development Ordinance drawn at a scale of no more than one inch to 100 feet, with such reasonable information shown thereon as shall be required by the zoning administrator. The zoning administrator may waive the requirement that the plan be prepared by a surveyor or engineer based on the nature of the permitted use request. Such site plan shall include, but not be limited to, the following information:

1.

The name of the owner; the name of the surveyor or engineer who prepared the plan; tax map and parcel number; zoning, together with description of any variances, conditional use permits, or proffered conditions; owner, zoning, tax map and parcel number and present use of adjacent parcels; departing lot lines, minimum setback lines, yard and building separation requirements; north point; scale; at least one datum reference for elevation; the source of the topography; the source of the survey; sheet number and total number of sheets; date of drawing; date and description of latest revision; vicinity map at a scale of one inch equals 2,000 feet, and boundary dimensions.

2.

Existing topography for the entire site and a minimum of 200 feet outside of the site unless otherwise approved by the zoning administrator. Areas with up to 20 percent slope shall be shown with no larger than five foot contours; areas with slopes over 20 percent slope shall be shown with no larger than ten foot contours. Proposed grading (shown with no larger than five foot contours) supplemented where necessary by spot elevations and indicating areas of the site where existing slopes are 25 percent or greater.

3.

Location and dimensions of all existing and proposed improvements including buildings (maximum footprint and height) and other structures; walkways; fences; walls; trash containers; outdoor lighting; parking lots and other paved areas; loading and service areas; and signs.

4.

One hundred year floodplain limits as shown on the official flood insurance maps for the Town of Bedford.

5.

Location of existing and proposed streets and street rights-of-way; provision and schedule for noise abatement in accordance with the standards of VDOT; ingress to and egress from the site; utilities and utility easements; water, sewer and drainage facilities; and other facilities and utilities on and adjacent to the site.

6.

Provision and schedule for the adequate control of natural and stormwater, indicating the location, size, type and grade of ditches, catchbasins, and pipes and connection to existing drainage systems, and provisions and schedule for the adequate control of erosion and sedimentation.

7.

Any other information regarding abutting property as directly affects the application.

8.

Visual representations of proposed buildings, site improvements, or landscaping may be required to assist the zoning administrator or the commission and council in determining the effect of the request.

b.

Each application for a zoning permit shall be accompanied by payment of a fee, as established by the council, to help defray expenses of administration.

c.

If the proposed excavation, filling, construction, or movement set forth in said sketch or plan are in conformity with the provisions set forth herein, and other appropriate codes and regulations of the town then in effect, the zoning administrator shall sign and return one copy of the site plan to the applicant and shall issue a zoning permit. The zoning administrator shall retain the application and one copy of the site plan for his records.

d.

If the application and site plan submitted described work which does not conform to the requirements set forth herein, the zoning administrator shall not issue a zoning permit, 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 Land Development Ordinance or of other applicable laws or regulations 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.

1002.03. Application procedure for a conditional use. Applications for a zoning permit for a conditional use shall be submitted to the zoning administrator, who shall refer the application to the commission and the council for public hearing. Applications for zoning permits for conditional uses must be submitted in accordance with the following procedures:

a.

An application shall be accompanied with two copies of an acceptable site plan as specified in section 1002.02.

b.

Each application for a zoning permit for a conditional use shall be accompanied by payment of a fee to be determined by the council to help defray the cost of publicizing and conducting the public hearings. Such fee will be over and above any fees required by the council for application for a zoning permit for a permitted use.

c.

For applications concerning five parcels or less, the applicant shall post a sign, at least three square feet in area, and approved by the zoning administrator, notifying the public of the requested zoning change on the property for which zoning request has been received. A sign shall be placed within ten feet of the property line at each street on which the property abuts. The sign shall be posted for at least ten days prior to the first required public hearing and kept in place until the day of the last public hearing. Inadvertent failure to post signage (e.g., by signs blowing down or being stolen) shall not invalidate a conditional use permit otherwise issued in accordance with this Land Development Ordinance. The zoning administrator must in all cases notify the adjoining and adjacent property owners according to procedures outlined in the Code of Virginia, as amended. The actual costs of mailing shall be charged to the applicant.

d.

The application shall be sent to the commission for review, recommendation, and public hearing thereon, and said commission shall have 100 days within which to submit a report. If the commission fails to submit a report within a 100 day period, it shall be deemed to have recommended approval of the proposed conditional use.

e.

The council shall consider the proposed conditional use after notice and public hearing in accordance with Code of Virginia, § 15.2-2204, and shall take action on the proposed conditional use within 180 days from the date of the public hearing. This time period may be extended by agreement of the applicant and council.

f.

In evaluating the proposed conditional use, the council shall address the following concerns:

1.

Whether the proposed conditional use is consistent with the comprehensive plan.

2.

Whether the proposed conditional use will adequately provide for safety from fire hazards and have effective measures of fire control.

3.

The level and impact of any noise emanating from the site, including that generated by the proposed use, in relation to the uses in the immediate area.

4.

The glare or light that may be generated by the proposed use in relation to uses in the immediate area.

5.

The proposed location, lighting and type of signs in relation to the proposed use, uses in the area, and the sign requirements of this chapter.

6.

The compatibility of the proposed use with other existing or proposed uses in the neighborhood, and adjacent parcels.

7.

The location and area footprint with dimensions (all drawn to scale), nature and height of existing or proposed buildings, structures, walls, and fences on the site and in the neighborhood.

8.

The nature and extent of existing or proposed landscaping, screening and buffering on the site and in the neighborhood.

9.

The timing and phasing of the proposed development and the duration of the proposed use.

10.

Whether the proposed conditional use will result in the preservation or destruction, loss or damage of any topographic or physical, natural, scenic, archaeological or historic feature of significant importance.

11.

Whether the proposed conditional use at the specified location will contribute to or promote the welfare or convenience of the public.

12.

The traffic expected to be generated by the proposed use, the adequacy of access roads and the vehicular and pedestrian circulation elements (on- and off-site) of the proposed use, all in relation to the public's interest in pedestrian and vehicular safety, efficient traffic movement and access in case of fire or catastrophe.

13.

Whether, in the case of existing structures proposed to be converted to uses requiring a conditional use permit, the structures meet all code requirements of the Town of Bedford.

14.

Whether the proposed conditional use will be served adequately by essential public facilities and services.

15.

The effect of the proposed conditional use on groundwater supply.

16.

The effect of the proposed conditional use on the structural capacity of the soils.

17.

Whether the proposed use will facilitate orderly and safe road development and transportation.

18.

The effect of the proposed conditional use on environmentally sensitive land or natural features, wildlife habitat and vegetation, water quality and air quality.

19.

Whether the proposed conditional use will provide desirable employment and enlarge the tax base by encouraging economic development activities consistent with the comprehensive plan.

20.

Whether the proposed conditional use considers the needs of agriculture, industry, and businesses in future growth.

21.

The effect of the proposed conditional use in enhancing affordable shelter opportunities for residents of the town.

22.

The location, character, and size of any outdoor storage.

23.

The proposed use of open space.

24.

The location of any major floodplain and steep slopes.

25.

The location and use of any existing non-conforming uses and structures.

26.

The location and type of any fuel and fuel storage.

27.

The location and use of any anticipated accessory uses and structures.

28.

The area of each use, if appropriate.

29.

The proposed days/hours of operation.

30.

The location and screening of parking and loading spaces and/or areas.

31.

The location and nature of any proposed security features and provisions.

32.

The number of employees.

33.

The location of any existing and/or proposed adequate on and off-site infrastructure.

34.

Any anticipated odors which may be generated by the uses on site.

35.

Whether the proposed conditional use includes sufficient measures to mitigate the impact of construction traffic on existing neighborhoods and school areas.

36.

Refuse and service areas, with particular reference to the items in (1) and (2).

37.

Utilities, with reference to location, availability and compatibility.

38.

Any other matter reasonably related to the public health, safety, and general welfare.

g.

Conditions set forth in article VI for the various conditional uses are minimum requirements. In approving a proposed conditional use the council may stipulate such additional requirements as are necessary or appropriate to the public interest. The council may require the applicant to furnish to the zoning administrator a performance bond in an amount sufficient for and conditional upon the fulfilling of any and all conditions and requirements stipulated by the council.

h.

If the council approves the application for a zoning permit for a proposed conditional use, the zoning administrator shall issue a zoning permit, indicating the conditional nature of the use, in accordance with section 1002.02 of this Land Development Ordinance.

i.

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

j.

A property owner, or his appointed agent, shall not initiate action for a zoning permit relating to substantially the same conditional use affecting the same parcel of land more often than once every 12 months.

1002.04. Expiration. Any zoning permit shall automatically expire six months from the date of issuance if the person, firm, or corporation to which the permit was issued has not clearly demonstrated that the permit 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 one year.

(Ord. No. 24-2, 3-12-2024; Ord. No. 25-1, § 8, 1-14-2025)

The 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 council, the commission, or any person, firm, or corporation, shall be treated in accordance with the following procedure:

1003.01. An application must be submitted in writing to the zoning administrator and must be accompanied by such reasonable information shown thereon as shall be required by the zoning administrator, including, but not limited to, the following:

a.

A site plan, as specified in section 1002.02 of this Land Development Ordinance.

b.

A fee, in accordance with section 1401 of this Land Development Ordinance, to defray the cost of publicizing and conducting hearings.

1003.02. For requested zoning changes that would affect five parcels or less, the applicant shall post on the property or properties for which zoning request has been received a sign approved by the zoning administrator, notifying the public of the requested zoning change. A sign shall be placed within ten feet of the property line at each street on which the property abuts. The sign shall be posted for at least ten days prior to the first required public hearing and kept in place until the day of the last public hearing. Inadvertent failure to post signage (e.g., by signs blowing down or being stolen) shall not invalidate a rezoning otherwise issued in accordance with this Land Development Ordinance. The zoning administrator shall notify the adjoining and adjacent property owners according to procedures outlined in the Code of Virginia, as may be amended. The actual costs of mailing shall be charged to the applicant.

1003.03. The commission shall consider the proposed amendment after notice and public hearing in accordance with Code of Virginia, § 15.2-2204. The commission shall then present the proposed amendment along with the site plans and explanatory materials, where applicable, to the council with its recommendations. If the commission fails to submit its recommendation to the council within 100 days of the first meeting of the commission after the proposed amendment has been referred to it, the commission shall be deemed to have recommended approval of the proposed amendment.

1003.04. The council shall consider the proposed amendment after notice and public hearing in accordance with Code of Virginia, § 15.2-2204, and shall take action on the proposed amendment within 12 months from the date of the public hearing. The council and the commission may hold a joint public hearing in accordance with section 1003.03.

1003.05. Any petition for a zoning amendment may be withdrawn prior to action thereon by the council at the discretion of the persons, firms, or corporation initiating such a request, upon written notice to the zoning administrator.

1003.06. A property owner, or his appointed agent, shall not initiate action for a substantially similar zoning amendment affecting the same parcel of land more often than once every six months.

(Ord. No. 24-2, 3-12-2024)

Conditional zoning provides a more flexible and adaptable zoning method, whereby a zoning classification may be allowed, subject to certain voluntary conditions proffered in writing by the zoning applicant which are not generally applicable to land similarly zoned, for the purpose of protecting the community and mitigating the impacts of the proposed zoning. Such proffered conditions may be made in conjunction with any type of rezoning application, in accord with the other provisions of this Land Development Ordinance.

1004.01. The Town of Bedford's acceptance of proffers pursuant to this authority shall be in accord with the procedures and standards contained in Code of Virginia, § 15.2-2298.

1004.02. All conditions proffered by the owner shall meet the following standards:

a.

The rezoning itself must give rise for the need for the conditions;

b.

The conditions shall have a reasonable relation to the rezoning;

1004.03. Any such conditions should be submitted prior to the start of the commission's public hearing on the amendment. All conditions shall be submitted prior to the start of the town council's public hearing, and shall also be submitted in accord with any adopted town council policy pertaining to the submittal of proffers. If proffered conditions which substantially modify the nature or impact of the proposed use are made by the owner after the commission's recommendation on the amendment, the amendment may be referred back to the commission for further review and action. The commission shall have the authority to schedule a new public hearing for any request so referred. The applicant shall be responsible for all advertising costs associated with the new public hearing. Council may, in its discretion, accept amendments to proffers submitted in accordance with this subsection if the amended proffers do not affect the overall proposal.

1004.04. The commission and the council shall not be obligated to accept any or all of the conditions made by the property owner.

1004.05. The zoning administrator shall be vested with all necessary authority on behalf of the council to administer and enforce conditions attached to a rezoning or amendment to a zoning map including issuance of stop work orders and/or in accordance with the enforcement provisions of this Land Development Ordinance.

1004.06. Failure of a property owner to meet all conditions accepted by the council shall constitute cause to deny approval of a site/development plan, or deny issuance of a zoning permit, building permit, or certificate of zoning compliance, as may be appropriate.

1004.07. Any zoning applicant, or any other person aggrieved by a decision of the administrator made pursuant to the provisions for conditional zoning in this Land Development Ordinance, may petition the council for the review of the decision of the administrator. All such petitions for review shall be filed with the administrator within 30 days from the date of the decision for which review is sought. All such petitions shall specify the grounds upon which the petitioner is aggrieved.

1004.08. A surety for all required public improvements as set forth in this zoning district and shown on the plan shall be provided in accordance with this Land Development Ordinance, in conjunction with the approval of a record subdivision plat, final site plan, or plan of development for the property.

1004.09. Amendments. Any request by an applicant to amend conditions that were voluntarily proffered and accepted by the town council shall be considered an amendment to the zoning ordinance, and shall be reviewed pursuant to the provisions of this Land Development Ordinance for zoning amendments.

1004.10. Records of conditions. The zoning map shall show by an appropriate symbol on the map the existence of conditions attached to the zoning on the map. The zoning administrator shall keep and make available for public inspection a conditional zoning index. The index shall provide ready access to the ordinance creating the conditions in addition to the regulations provided for a particular zoning district or zone.