It shall be the duty of the Zoning Administrator to enforce the provision[s] of this Ordinance and to refuse to issue any permit for any building, or for the use of any premises which would violate any of the provisions of said Ordinance. It shall also be the duty of all officers and employees of the Town to assist the enforcing officer by reporting to him any seeming violation in new construction, reconstruction, or land uses.

2.1.

No vacant land shall be occupied or used, except for agricultural uses, until a certificate of occupancy shall have been issued by the Administrator.

2.2.

No premises shall be used, and no buildings hereafter erected or structurally altered shall be used, occupied, or changed in use, until a certificate of occupancy and compliance shall have been issued by the Zoning Administrator, stating that the building or proposed use of a building or premises complies with the building laws and the provisions of these regulations.

2.3.

Certificates of occupancy and compliance shall be applied for coincident with the application for a building permit and shall be issued within ten (10) days after the erection or structural alteration of such buildings shall have been completed in conformity with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the Administrator.

2.4.

No permit for excavation for any building shall be issued before application has been made for certificate of occupancy and compliance.

2.5.

A certificate of occupancy shall be required of all nonconforming uses. Application for a certificate of occupancy for nonconforming uses shall be filed with the Administrator within twelve (12) months from the effective date of this Ordinance.

3.1.

No building shall be erected, constructed, altered, moved, converted, extended, or enlarged, without the owner or owners first having obtained a building permit therefore from the Administrator. Such permit shall require conformity with the provisions of this Ordinance. When issued, such permit shall be valid for a period of six (6) months.

3.2.

No building permit by the Administrator, lawfully issued prior to the effective date of this Ordinance, or of any amendment hereto, and which permit, by its own terms and provisions, is in full force and effect at said date, shall be invalidated by the passage of this Ordinance, or any such amendment, but shall remain a valid and subsisting permit, subject only to its own terms and provisions and ordinances, rules, and regulations pertaining thereto, and in effect at the time of the issuance of such permit; provided, that all such permits shall expire not later than sixty (60) days from the effective date of this Ordinance, unless actual construction shall have theretofore begun and continued pursuant to the terms of said permit.

An application for building permits or for mobile home parks, conditional uses, special exceptions, or variances shall be accompanied by a drawing or plat in duplicate or as required by the Administrator showing, with dimensions, the lot lines, the building or buildings, the location of buildings on the lot and such other information as may be necessary to provide for the enforcement of these regulations, including, if necessary, a boundary survey and a staking of the lot by a competent surveyor and complete construction plans. The drawings shall contain suitable notations indicating the proposed use of all land and buildings. A careful record of the original copy of such applications and plats shall be kept in the offices of the Administrator and a duplicate copy shall be kept at the building at all times during construction.

Where certain uses required review and approval of site plans meeting the requirements of the Ordinance, the procedure for processing site plans varies depending on the agency assigned responsibility for preliminary and final approval as follows:

1.

Administrative Site Plan Review. To be conducted by the Zoning Administrator with preliminary and final approval by the Administrator. Unless specifically stated to the contrary, administrative site plan review is intended. An appeal from the Administrator's decision may be taken to the Town Council, in which case the decision of the Town Council shall be final. Site plans in this category are generally for uses having a more limited area of impact or uses where the basic policy decision regarding general appropriateness of the use has been made by the terms of the district regulations and the remaining responsibility is to insure careful design and compatibility with neighboring conditions in accordance with the terms of the Ordinance.

2.

Site Plan Approval by the Town Council after Report by the Planning Commission. These site plans generally cover uses having impact on a substantial area, public and semi-public uses generally covered in the Comprehensive Plan, and uses the appropriateness of which involves a major planning policy decision. Such uses include those listed as requiring approval of a special use permit or proffered plans which accompany an application for conditional zoning.

In all cases the review begins with the Administrator. Where a subdivision is also involved, the review of subdivision plans and site plans will be coordinated under the provisions of this Article and the requirements of the subdivision regulations. Generally, approval is required first for preliminary plans followed by approval of final plans which agree with approved preliminary plans and conditions attached thereto. Where a project is large enough that accomplishment by stages is appropriate the site plan will generally be subject to preliminary and final approval with plans in three (3) forms: 1) general site plan for the overall project, which is called an overall project design; 2) detailed site plans for development units or stages as they are to be developed; 3) detailed engineering drawings for development units or parts thereof as they are to be developed. An overall project design would include generally the same items as specified for preliminary site plans but with detail modified as appropriate to the scale of the project.

(Ord. of 1-23-91)

The purpose of site plan review is to promote the orderly development of the Town by means of improved project design which will insure that new development that new development is appropriately functional, harmonious with its environment and consistent with the Comprehensive Plan and the intent of these regulations generally, and to this end to provide for a review of proposed development plans with respect to:

1.

The compatibility of the development with respect to its environment and the layout and design of features which may affect compatibility, such as building location, project open space, grading and treatment of slopes and stream valleys, buffer-yards, screening, lighting and landscaping.

2.

The capacity of the design to provide for convenient and safe internal and external movement of vehicles and pedestrians.

3.

The protection of public safety and the location and adequacy of necessary utilities, drainage, and erosion and sediment controls.

(Ord. of 1-23-91)

7.1

Preliminary Site Plans. The preliminary site plans shall be clearly drawn to scale as specified below and shall show the following:

1.

The proposed title of the project, owner or owners of the land, and name of the engineer, architect, designer, or landscape architect, and the developer.

2.

The north point, scale, and date.

3.

Location of the project by an insert map at a scale of not less than one inch equals two thousand (2,000) feet, indicating the scale, the north arrow, and such information as the names and numbers of adjoining roads, streams and bodies of water, subdivisions, town limits, or other landmarks sufficient to clearly identify the location of the property.

4.

Existing zoning and zoning district boundaries and proposed changes in zoning, if any.

5.

The boundaries of the property involved, municipal boundaries, the general location of all existing easements and property lines, existing streets, buildings, or waterways, floodplains, major tree masses and other existing physical features in or adjoining the project.

6.

Uses of adjoining properties and names of owners.

7.

Topography of the project area with contour intervals of two (2) feet or less, unless waived by the Administrator as clearly unnecessary to review of the project or proposal.

8.

The approximate location and sizes of sanitary and storm sewers, water mains, culverts, and other underground structures, existing and planned, in or near the project.

9.

The general location and character of construction of proposed streets, alleys, driveways, curb cuts, entrances and exits, loading areas, (including numbers of parking and loading spaces), outdoor lighting systems, storm drainage and sanitary facilities.

10.

The general location of proposed lots, setback lines, and easements and proposed reservations for parks, parkways playgrounds, school sites, and open spaces.

11.

Location with respect to each other and to lot lines, number of floors, number of dwelling units and approximate height of all proposed buildings and structures, accessory and main or major excavations.

12.

Preliminary plans and elevations of the several dwelling types and other buildings, as may be necessary.

13.

General location, height, and material of all fences, walls, screen planting and landscaping.

14.

General location, character, size height, and orientation of proposed signs.

15.

A tabulation of the total number of dwelling units of various types in the project and the overall project density in dwelling units per acre, gross or net a [as] required by district regulations.

The Administrator may establish additional requirements for preliminary site plans, and in special cases, may waive a particular requirement if, in his opinion, the inclusion of that requirement is not essential to a proper decision on the project. Site plans may be prepared on one or more sheets to show clearly the information required by this article and to facilitate the review and approval of the plan. If prepared in more than one sheet, match lines shall indicate where the several sheets join, Each plan sheet shall reserve a blank space three inches wide and five (5) inches high for the use of the approving authority. Site plans shall be prepared to a scale of one inch equals fifty (50) feet, or such other scale as may be approved by the Administrator as appropriate to a particular case.

7.2

Final Site Plans. The final site plan or final plat shall comply with all laws, regulations and ordinances governing the approval of subdivisions and in addition shall show the following:

1.

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

2.

All existing and proposed water and sanitary sewer facilities indicating all pipe sizes, types and grades and where connection is to be made to the Town or other utility system.

3.

Provisions for the adequate disposition of natural and stormwater in accordance with the duly adopted design criteria and standards of the Town indicating the location, sizes, types and grades of ditches, catch basins and pipes and connections to existing drainage system, and provision for the adequate control of erosion and sedimentation, indicating the proposed temporary and permanent control practices and measures which will be implemented during all phases of clearing, grading, and construction.

4.

Existing topography with two-foot contour intervals or such intervals as approved by the Administrator. Where existing ground is on a slope of less than two (2) percent, either one-foot contours or spot elevations where necessary, but not more than fifty (50) feet apart in both directions.

5.

Proposed finished grading by contours supplemented where necessary by spot elevations.

(Ord. of 1-23-91)

8.1.

When these regulations require site plan review for certain major uses for which Town Council action is not required, including certain major uses as listed in Section 6 of Article 6 and not otherwise listed as requiring a special use permit, five copies of a preliminary site plan for any of the specified uses shall be submitted to the Administrator for review of the plans for compliance with these regulations and the requirements for preliminary site plans. The Administrator may require additional copies of specific sheets for distribution to members of the Planning Commission.

The Administrator shall transmit said plans to such other staff and agencies as he may consider necessary for the review. The applicant is advised to review his plans in general or sketch form with the Administrator prior to drafting for submittal.

8.2

The Administrator shall examine the proposed site plan with respect to the requirements of this Ordinance, with respect to the traffic and circulation patterns, internal and external, relation to major thoroughfares, utilities, drainage, and community facilities, existing or proposed, surrounding development, existing or future, considerations of topography, floodplains, and the natural environment, the preservation of trees or historic sites, provision for screening and buffer-yards, open space, and in general with the objective of insuring a durable, harmonious, and appropriate use of the land in accord with the objectives of the Comprehensive Plan. Except as specified below, no public hearing shall be required. The plans shall be returned to the applicant within ten (10) days following submittal, or within ten (10) days of a recommendation by the Planning Commission as set forth in Section 8.5 below, as approved, approved subject to conditions, or disapproved. Unless otherwise specified, approval shall be valid for a period of one year prior to issuance of building permits.

8.3.

If specified conditions are met in revised plans, the Administrator may approve issuance of building permits accordingly, and may approve additional minor changes, if, in the opinion of the Administrator such changes do not substantially affect the original approval or conditions attached thereto. Other changes and amendments may require return of the site plan to the Planning Commission or such other procedures under this Ordinance as the case may require.

8.4.

The applicant shall submit written proof of notification of all adjoining property owners as to the nature of the proposal and where site plans may be viewed. No site plan shall be approved within five (5) days of any such notice.

8.5.

In any case where the Administrator is of the opinion that a proposed project subject to administrative site plan review is of such scale and impact that a decision on the site plan should be reached only after a public hearing thereon and a recommendation by the Planning Commission, the Administrator may request that such hearing be scheduled before the Planning Commission in accordance with the procedures and notice specified for such hearings in the rules of the Commission. The applicant shall submit evidence that all adjacent property owners have been notified of the nature, time and place of the public hearing.

8.6.

Nothing in this section shall be interpreted to permit a grant of a variance or exception to the regulations of this Ordinance or to abridge the procedures or requirements of the laws and ordinances governing the subdivision of land.

(Ord. of 1-23-91)

In any case where the applicant or other party who has a substantial interest in a proposed project is aggrieved by a decision of the Administrator regarding a site plan, said applicant or party in interest may file a written Notice of Appeal with the Town Manager who shall place the matter on the agenda of the next regular meeting of the Town Council provided said Appeal is filed within ten working days of the decision. Upon hearing the Appeal, the Town Council may reverse or affirm, wholly or partly, or may modify the decision of the Administrator and may take such action as it believes appropriate.

(Ord. of 1-23-91)

10.1.

Five (5) copies of a preliminary site plan or plans shall be filed with the Town Council through the Administrator. The preliminary site plan shall comply with Section 7 above and the applicable written requirements of Articles 4 and 6, and be accompanied by such other written or graphic material as may be necessary or desirable in aiding the decisions of the Council and the Planning Commission. The Administrator shall forthwith forward the plans and a copy of the application to the Planning Commission. The Administrator may require additional copies of specific sheets for distribution to the members of the Council and Commission.

10.2.

The Planning Commission shall review the site plan for compliance with the requirements of this Ordinance. Before recommending approval of a site plan, the Planning Commission may make reasonable additional requirements, including, but not limited to, those which may be imposed by the Board of Zoning Appeals under Article 7, and especially requirements as to utilities, drainage, landscaping and maintenance thereof, lighting, signs and advertising devices, bufferyards, screening, accessways, curb cuts, traffic control, height of buildings and setback of buildings, to protect adjoining residentially zoned lots or residential uses. The site plan shall be amended in accord with the requirements of the Planning Commission before being submitted to the Town Council with a recommendation for approval. The Planning Commission shall review the plans and prepare its report within a reasonable time, but in no case longer than sixty (60) days after the first public hearing unless the applicant requests additional time in order to prepare revised plans. The Town Council shall not advertise its public hearing until the report and plans shall have been received from the Planning Commission.

(Ord. of 1-23-91)

11.1.

Procedures, Site Plan Required. The procedures for approval of a conditional use are the same as those prescribed for changes and amendments in Article 8, together with applicable laws, regulations, and ordinances governing the subdivision of land.

11.2.

Approval Valid One Year. Approval of a conditional use under this Article shall be valid for a period of one (1) year after the date of approval and thereafter shall become null and void unless construction or use is substantially underway during said one-year period, or unless an extension of time, not exceeding one (1) year, is approved by the Town Council and for good cause shown, before the expiration of said one-year period.

11.3.

Existing Conditional Uses. Any conditional use listed in these regulations and legally existing at the effective date of the regulations of this Article shall be considered a nonconforming use unless it has qualified as provided above and has been approved as a conditional use by the Town Council.

11.4.

Revocation of Permits. Permits issued under a conditional use approval may be revoked by the Administrator for failure to comply with conditions of approval or applicable regulations.

(Ord. of 1-23-91)

The procedure for amendment of the boundaries of an approved RMH Mobile Homes District or change of the extent of land use for an approved conditional use or mobile homes park shall be the same as for a new application, except that minor amendments of an approved plan and conditions attached to an approved mobile home park, conditional use, or other site plan, may be approved by the Planning Commission at a regular meeting after written reports by the Administrator and without a public hearing, provided such change or amendment:

1.

Does not alter a recorded plat.

2.

Does not conflict with the specific requirements of this Ordinance.

3.

Does not change the general character or content of an approved development plan or use.

4.

Applies to an approved condition originating with the Planning Commission and not the Town Council.

5.

Has no appreciable effect on adjoining or surrounding property.

6.

Does not result in any substantial change of major external access points.

7.

Does not increase the approved number of dwelling units on height of buildings, and

8.

Does not decrease the minimum specified yards and open spaces or minimum or maximum specified parking and loading spaces.

(Ord. of 1-23-91)

Approval of a site plan submitted under the provisions of this Article shall expire one year after the date of such approval unless building permits have been obtained for construction in accordance therewith. A single one-year extension may be given upon written request by the applicant to the Administrator made within ninety (90) days before the expiration of the approved site plan. The Administrator shall acknowledge the request and shall make a decision regarding the requested extension within thirty (30) days after receipt of the request.

(Ord. of 1-23-91)

Subject to the time limits and conditions specified in this Ordinance, the rights of an owner or developer to continue a project for which a site plan has been approved shall not be abridged so long as he proceeds toward completion with reasonable care and diligence and in accordance with the terms of the approval.

(Ord. of 1-23-91)

15.1.

The owner or developer shall have one set of approved plans, profiles and specifications available at the site at all times when work is being performed. A designated, responsible employee shall be available for contact by Administrator or Inspectors.

15.2.

Upon satisfactory completion of all installation of the required improvements, the owner shall receive an approval from the Administrator, upon application for such approval. Such approval will authorize the release of any bond which may have been furnished for the guarantee of satisfactory installation of such improvements or parts thereof. Inspection is to be made within a reasonable time of the request, and the bond released as quickly as circumstances will permit.

15.3.

The installation of improvements as required in this Article shall in no case serve to bind the Town to accept such improvements for the maintenance, repair, or operation thereof, but such acceptance shall be subject to the existing regulations concerning the acceptance of each type of improvement.

(Ord. of 1-23-91)

16.1.

All persons, firms, or corporations appealing to the Board of Zoning Appeals, necessitating the publication of notices in the newspaper shall be required to pay, in advance, ________ for expenses relative thereto.

16.2.

All persons, firms or corporations applying for conditional use permits under the provisions of this Article or applying for an amendment to the Zoning Ordinance or a change in the classification of the district or a portion thereof, necessitating the publication of notices in the newspaper shall be required to pay in advance ________. No fee shall be required for actions initiated by the Town Council or the Planning Commission.

16.3.

The payment of such money in advance to the Administrator shall be deemed a condition precedent to the consideration of such appeal, conditional use permit, or amendment. Fees shall be refunded on request if an application is withdrawn before publication.

(Ord. of 1-23-91)

[17.1.

Reserved]

17.2.

In case any building is erected, constructed, reconstructed, altered, repaired, or converted or any building or land used in violation of this Ordinance, the Administrator is authorized and directed to institute any appropriate action to put an end to such violation.

17.3.

Any person or corporation who shall violate any of the provisions of this Ordinance or fail to comply therewith, or with any of the requirements thereof, or who shall build or alter any building in violation of any detailed statement or plan submitted and approved hereunder shall be guilty of a misdemeanor and shall be liable to a fine of not less than $10.00 nor more than $1,000.00, and each day such violation shall be permitted to exist shall constitute a separate offense. The owner or owners of any building or premises, or part thereof, where anything in violation of this Ordinance shall be placed, or shall exist, and any architect, builder, contractor, agent, person, or corporation employed in connection therewith, and who have assisted in the commission of any such violation shall be guilty of a separate offense and upon conviction thereof, shall be fined as hereinbefore provided.

(Ord. of 1-23-91)

No member of the Town Council, Planning Commission, or Board of Zoning Appeals shall participate in the deliberations or vote on any ordinance, resolution, or other proceedings involving any matter in which he, a member of his family, his partner or agent, has a material financial interest as defined by the Virginia Conflict of Interest Act, or as a citizen of the town.

If such interest exists, it shall be the duty of such member, prior to any deliberations on the matter in which he has such interest, to make a full, public disclosure of the exact nature of his interest and to take no further part in the deliberations with regard to such matters in accord with the provisions of said Act.

The provisions of this section do not apply to adoption of a comprehensive zoning plan or ordinance applicable throughout the town.

(Ord. of 1-23-91)