The provisions of this ordinance are adopted pursuant to §§ 15.2-2280 and 15.2-2281, of the Code of Virginia, as amended. This ordinance, and all provisions contained herein, together with the official zoning map, a copy of which is on file in the department of planning and building, shall be known as the Town of Blacksburg Zoning Ordinance and may be cited as such, or as the "Zoning Ordinance."

(Ord. No. 1465, § 1(c), 2-12-08)

The provisions of this ordinance shall apply to all property within the corporate limits of the Town of Blacksburg.

The zoning regulations and districts set forth in this ordinance are for the general purpose of implementing the comprehensive plan of the Town of Blacksburg. They are designed to achieve the general purposes of promoting the health, safety, and general welfare of the public, and of further accomplishing the objectives of Section 15.2-2200 of the Code of Virginia, as amended. To these ends, this ordinance is designed to give reasonable consideration to each of the following purposes:

(1)

Provide for adequate light, air, convenience of access, and safety from fire, flood and other dangers;

(2)

Reduce or prevent congestion in the public streets;

(3)

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

(4)

Facilitate the provision of adequate police, fire protection, disaster evacuation, civil defense, transportation, water, sewer, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports and other public requirements;

(5)

Protect against destruction of, or encroachment upon historic buildings or areas;

(6)

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

(7)

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

(8)

Provide for the preservation of agricultural and forestal lands and other lands of significance for the natural environment;

(9)

Protect approach slopes and other safety areas of licensed airports;

(10)

Protect surface and groundwater resources; and

(11)

Create and preserve affordable housing suitable for meeting the current and future needs of the Town as well as a reasonable proportion of the current and future needs of the planning district within which the Town is situated.

The following are established as Town of Blacksburg zoning districts:

The location and boundaries of these zoning districts are shown on the official zoning map.

(Ord. No. 1724, § 1, 6-10-14)

(a)

Where uncertainty exists as to the boundaries of districts shown on the official zoning map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the center lines of streets, right-of-ways, or alleys shall be construed to follow such center lines;

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(3)

Boundaries indicated as following center lines of bodies of water shall be construed as following such center lines. In the event such center lines move as a result of natural forces, the boundary shall also move.

(b)

District Standards—If the standards specified in this ordinance are in conflict with the requirements with any lawfully adopted rule, regulations or laws, the more restrictive or higher standards shall govern.

(c)

Uses and activities not provided for or addressed by the terms of this ordinance, shall be considered prohibited uses and activities, unless the Administrator shall find that the use or activity is compatible and consistent with the provisions of this ordinance.

(a)

Should any section or any provision of this ordinance be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect the validity of the remainder of this ordinance, and such remainder shall continue in full force and effect.

(b)

Should the application of any section or any provision of this ordinance to a particular property, building, structure or use be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect the application of said section or provision to any other property, building, structure or use.

The provisions of this chapter [Appendix], so far as they are the same as those of the 1976 Zoning Ordinance of the Town, Ordinance Number 415, and all amendments thereto and included herein, shall be considered as continuations thereof and not as new enactments.

All provisions of Ordinance [Number] 415, as amended, in conflict with this chapter [Appendix] are hereby repealed.

All references to specific sections of the Virginia Code shall be construed as references to successor sections mutatis mutandis.

The provisions of the Zoning Ordinance shall apply to new territory that comes into the Town limits by annexation, boundary adjustment or otherwise.

(1)

Zoning Administrator Determination Based on Prior County Zoning. The Zoning Administrator shall determine the classification of each parcel of new territory based on the zoning district in this Zoning Ordinance that is most like the previous Montgomery County zoning classification of the new territory in terms of the uses permitted by the zoning regulations applicable to each parcel under the previous Montgomery County zoning classification.

a.

In the circumstance where there is no clear comparable Town zoning district, the Zoning Administrator may, in such appropriate circumstances, determine the classification of all or any portion of new territory based on the Town zoning district that is most suitable, based on a written study of the following factors:

i.

The uses and development standards permitted by the previous Montgomery County zoning classification in comparison to Town zoning districts and standards.

ii.

The existing use of the property.

iii.

The compatibility of the uses permitted under a proposed district or classification with the existing uses and zoning in the area.

iv.

The adequacy of transportation and other infrastructure serving the property and the area.

b.

Existing Conditions and Restrictions. All conditions applicable to all or any portion of new territory as a result of a special use permit, conditional use permit, special exception permit, or conditional rezoning process shall continue in effect after the new territory comes into the Town limits. The Town Council may modify any such conditions as provided for in this Zoning Ordinance.

c.

Timing of Determination. The Zoning Administrator may determine the classification of all or any portion of new territory at any time prior to or after the new territory comes into the Town limits.

(2)

Town Council Classification. The Town Council may determine the classification of all or any portion of new territory by Zoning Ordinance amendment and Zoning Map amendment as provided for in this Zoning Ordinance. Such Zoning Ordinance amendment and Zoning Map amendment can include the adoption of a new zoning district specific to the proposed new territory. Any such Zoning Ordinance amendment may provide for the continued application of, or modification of, conditions applicable to all or any portion of the new territory as a result of a special use permit, conditional use permit, special exception permit, or conditional rezoning process.

(3)

Comprehensive Plan/Zoning Map. The Town Council shall undertake the amendment of the Comprehensive Plan and the Zoning Map as necessary whenever new territory comes into the Town limits.

(Ord. No. 1184, adopted 6-9-98; Ord. No. 1969, § 1, 9-14-21)

Any applicant for a special exception, conditional use permit, amendment to the Zoning Ordinance, or variance, shall make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers and directors, and in any case the names and addresses of all of the real parties of interest. The requirement of listing names of stockholders shall not apply to a corporation whose stock is traded on a national or local stock exchange and which corporation has more than five hundred (500) shareholders.

(Ord. No. 1215, § 1, 5-11-99; Ord. No. 1513, § 1, 4-14-09)

This ordinance is divided into five (5) articles, which must be read together for a complete understanding of the development regulations that apply to any particular proposal.

Article III sets forth the basic development regulations for each zoning district. Article IV sets forth development regulations that apply to a specific use. Where an Article IV standard is different from the applicable Article III standard — either more or less restrictive — then the Article IV standard applies.

Article V sets forth standards for certain common development features, such as landscaping and parking, that apply within all zoning districts.

Article II establishes definitions for terms used in this ordinance.

Article I states how the ordinance is to be administered.

Any person using this ordinance should review each article for a comprehensive understanding of the applicable zoning provisions.

(Ord. No. 1247, § 1, 9-12-00)

(a)

Town Council reserves unto itself the authority to consider and act upon special exceptions, as authorized by Virginia Code § 15.2-2286. Any request for a waiver, modification, variation or substitution permitted by this Appendix shall be considered and acted upon by the Town Council.

(b)

Consideration and action. In acting upon a special exception, Town Council shall consider the Comprehensive Plan, the purposes of the zoning district, the intent of the standard in question, and the criteria in this Section; however, the Town Council shall not be required to make specific findings in support of its decision.

(c)

Criteria. The Town Council may grant a complete exception from the standard, or it may modify the standard based on the particularities of the site. Any modification of the standard shall be considered a special exception. In determining to grant a special exception, the Town Council shall be guided by the following general considerations:

(1)

The unusual shape or topography of a lot or an adjoining lot;

(2)

The location of existing structures; and

(3)

Whether mature trees can be preserved through the exception.

(d)

For exceptions to requirements for parking in front of a building line, the primary considerations should be the shape or topography of a lot, the location of existing structures and preserving mature trees. However, the considerations may also include the degree of exception requested, the impact on the relationship of the building to the street, internal/external connectivity, safety concerns and consistency with existing development patterns. When an exception is granted, it should be conditioned on buffering the parking with landscaping, including natural plant materials, shrubs and trees.

(e)

For buffer yard exception requests, considerations shall include the following:

(1)

Natural land characteristics, such as topography or existing vegetation on the proposed building site that would achieve the same result as installing a buffer yard;

(2)

Innovative landscaping or architectural design employed on the building site to achieve an equivalent screening or buffering effect;

(3)

Whether the required screening and landscaping would be ineffective at maturity due to the proposed topography of the site and/or the location of the improvements on the site; and

(4)

Whether the topography of adjacent and surrounding sites is such as to render the required screening ineffective at maturity.

(f)

In approving a special exception, Town Council may impose reasonable conditions to address any possible impacts of the special exception.

(g)

A request for a special exception shall be acted on by Town Council within ninety (90) days after the date of the request, or concurrently with a zoning map amendment or conditional use permit, whichever is longer.

(h)

Unless the applicant obtains site plan approval incorporating the exception within one (1) year of the grant, the exception will expire.

(Ord. No. 1680, § 1, 5-14-13; Ord. No. 1800, § 1, 10-11-16)

When any applicant requesting a written order, requirement, decision, or determination from the Administrator or the BZA that is subject to the appeals provisions contained in Virginia Code § 15.2-2311 or 15.2-2314 is not the owner or the agent of the owner of the real property subject to the written order, requirement decision or determination, written notice shall be given by the Administrator or, at the direction of the Administrator, the applicant shall be required to give the owner such notice and to provide satisfactory evidence to the Administrator that the notice has been given. Written notice mailed to the owner at the last known address of the owner as shown on the current real estate tax assessment books or current real estate tax assessment records shall satisfy the notice requirements of this Section. This Section shall not apply to inquiries from the Town Council, Planning Commission, or employees of the Town made in the normal course of business.

(Ord. No. 1681, § 1, 5-14-13)

There is hereby created a Town Planning Commission, which commission shall be known as the "Blacksburg Town Planning Commission," which may be referred to in this ordinance as the "Planning Commission" or "the Commission."

The Planning Commission shall consist of not less than five (5) nor more than fifteen (15) members, one (1) of whom shall be a member of the Town Council, and the remaining members, to be known as appointed members, shall be residents of the Town. All members shall be appointed by the Town Council.

The Planning Commission shall develop, adopt, and maintain by-laws to govern its operation.

All members of the Planning Commission shall serve with such compensation as the Town Council may choose to provide, as well as reimbursement for actual expenses incurred by members.

(Ord. No. 1681, § 1, 5-14-13)

(a)

Any appointed member of the Planning Commission may be removed by the Town Council for malfeasance in office. Such removal may be made only after a public hearing at which such member is given an opportunity to appear and be heard on the charges.

(b)

Any member may be removed by the Town Council without limitation in the event that the Commission member is absent from any three (3) consecutive commission meetings, or any four (4) commission meetings within any twelve (12) month period. In either such event, Town Council shall appoint a successor to fill the unexpired term of the removed member.

(Ord. No. 1419, § 1, 12-11-07)

(a)

The Planning Commission shall have all the powers and duties which are now or may hereafter be granted to or imposed upon such commissions by state law, and in addition thereto, such powers and duties as are provided by this Code or other ordinances.

(b)

The Commission shall develop, adopt and maintain by-laws that govern its operation.

(a)

The officers of the Planning Commission shall be the chair, vice-chair, and secretary, whose terms shall be for one (1) year as determined by the Planning Commission.

(b)

The Town manager, Town Attorney, and Town Clerk shall provide staff support to the Planning Commission as may be reasonably required.

The Planning Commission shall review requests for special exceptions based on the criteria established in section 1112.

(Ord. No. 1184, 6-9-98; Ord. No. 1680, § 1, 5-14-13)

Editor's note— Ord. No. 1680, § 1, adopted May 14, 2013, amended § 1127 title to read as herein set out. Former § 1127 title pertained to authority to grant exceptions.

(a)

The Planning Commission shall prepare and recommend a comprehensive plan for the physical development of the Town in accordance with the requirements of Virginia Code § 15.2-2223. The plan may also include any other policy areas deemed by the Planning Commission and Town Council to be important to the long term development of the Town. The Town Council shall adopt the plan in accord with the requirements of Virginia Code Title 15.2, Chapter 22, Article 3. Once adopted, the Planning Commission shall have the responsibility to continuously review and recommend updates to the plan to ensure that the plan remains a current statement of Town development goals, objectives, and policies.

(b)

The Comprehensive Plan shall be used by the Planning Commission and Town Council as one (1) basis upon which to evaluate amendments to, and approvals required by, this ordinance in accordance with provisions contained herein.

(c)

Proposed changes to the Comprehensive Plan and the adopted Comprehensive Plan shall be posted on the Town's website in accord with the requirements of Virginia Code Title 15.2, Chapter 22, Article 3.

(Ord. No. 1247, § 2, 9-12-00; Ord. No. 1681, § 1, 5-14-13)

An amendment to the Comprehensive Plan may be initiated by the Town Council, the Planning Commission, or any person. If the Town Council desires an amendment, it may prepare the amendment and refer it to the Planning Commission for a public hearing, or it may direct the Planning Commission to prepare an amendment and submit it to a public hearing within sixty (60) days or such longer time frame as may be specified. All amendments to the Comprehensive Plan shall be recommended, and approved and adopted, respectively, as required by Virginia Code § 15.2-2229.

(Ord. No. 1247, § 3, 9-12-00; Ord. No. 1681, § 1, 5-14-13)

(a)

Whenever the public necessity, convenience, general welfare, or good zoning practice require, the Town may, by ordinance, amend, supplement, or change these regulations, district boundaries, or classifications of property. Any such amendments may be initiated by:

(1)

Resolution of the Town Council, or;

(2)

Motion of the Planning Commission, or;

(3)

Petition of the owner, contract purchaser with the owner's written consent, or the owner's agent, of the property which is the subject of the proposed zoning map amendment.

(4)

Any person may submit suggestions for Zoning Ordinance text amendments to the Zoning Administrator. The Zoning Administrator shall forward these requests to the appropriate committee of the Planning Commission for consideration during the annual Zoning Ordinance review process.

Any petition submitted shall be in writing and shall be addressed to Town Council.

(b)

The Administrator shall establish and maintain the amendment application materials. These application materials shall, at a minimum, include any information the Administrator deems necessary for the Planning Commission and Town Council to adequately evaluate the amendment request. A concept plan shall accompany all map amendment requests.

(c)

The Administrator shall not accept any amendment application for a lot or parcel that does not comply with the minimum lot area, width, or frontage requirements of the requested zoning district. In such situations, the applicant shall first seek a variance from the Board of Zoning Appeals. If a variance is granted, the Administrator shall thereafter accept the amendment application for the consideration of the Commission and Board.

(d)

If the Council denies any amendment application submitted for its review, or the application is withdrawn after Council consideration, the Town shall not consider substantially the same application for the same property within one (1) year of the Council action. The Administrator shall have the authority to determine whether new applications submitted within this one-year period are substantially the same. In making any such determination the Administrator shall have the authority to consider any items pertaining to the proposed use or development of the site such as, but not limited to, the uses proposed, densities, access, building locations, and overall site design.

(e)

Prior to the initiation of an application for a special exception, conditional use permit, variance, rezoning, or other land use permit, or prior to the issuance of final approval, the applicant shall produce satisfactory evidence that any delinquent real estate taxes owed, which have been properly assessed against the subject property, have been paid.

(f)

Within three (3) months prior to the filing of a conditional use permit or rezoning application, each applicant shall schedule and attend a pre-application meeting with the Zoning Administrator. The meeting shall consist of a discussion of the proposed application and the applicable procedures and substantive requirements of this ordinance. A request for a pre-application conference shall be made in writing on a form prepared by the Department of Planning and Building. Such request shall be accompanied by a sketch map(s) of the site sufficient to illustrate the location of proposed uses, the scale and intensity of uses and environmental conditions on the property to the extent they are known, a description of the proposed project or use, and a list of any specific issues to be discussed at the conference.

(Ord. No. 1184, adopted 6-9-98; Ord. No. 1308, § 1, 8-13-02; Ord. No. 1433, 2-13-07; Ord. No. 1513, § 1, 4-14-09; Ord. No. 1724, § 1, 6-10-14)

(a)

All proposed amendments to the Zoning Ordinance shall be referred by the Town Council to the Planning Commission for study and recommendation. The Commission shall study proposals to determine:

(1)

Whether the proposed amendment conforms to the general guidelines and policies contained in the Town comprehensive plan.

(2)

The relationship of the proposed amendment to the purposes of the general planning program of the Town, with appropriate consideration as to whether the change will further the purposes of this ordinance and the general welfare of the entire community.

(3)

The need and justification for the change.

(4)

When pertaining to a change in the district classification of property, the effect of the change, if any, on the property, surrounding property, and on public services and facilities. In addition, the Commission shall consider the appropriateness of the property for the proposed change as related to the purposes set forth at the beginning of each district classification.

(b)

Prior to making any recommendation to the Town Council on a proposed amendment to the Zoning Ordinance, the Commission shall advertise and hold a public hearing in accord with the provisions of Code of Virginia § 15.2-2204, as amended. The cost of all public advertisements shall be the responsibility of the applicant.

(c)

The Commission shall review the proposed amendment and report its findings and recommendations to the Town Council along with any appropriate explanatory materials within one hundred (100) days after the first Planning Commission meeting after the proposed Zoning Ordinance amendment is referred to the Commission. Failure of the Commission to report to the Town Council shall be deemed a recommendation of approval. If the Commission does not report within the prescribed time, the Town may act on the amendment without the recommendation of the Commission.

(d)

Any recommendation of the Commission shall be deemed advisory, and shall not be binding on the Town.

(a)

Before enacting any proposed amendment to the Zoning Ordinance, the Town Council shall hold a public hearing as required by [Code of Virginia] § 15.2-2204, with public notice as required by Code of Virginia §§ 15.2-2204 and 15.2-2285, as amended. The Town Council may hold a joint public hearing with the Planning Commission. The cost of all public advertisements shall be the responsibility of the applicant. After holding this hearing, the Town Council may make appropriate changes to the proposed amendment; provided however that no land may be zoned to a more intensive use classification than was contained in the public notice without an additional public notice as required by [Code of Virginia] § 15.2-2204.

(b)

The Town Clerk shall transmit to the Administrator official notice of any Town Council action modifying the Zoning Ordinance. The Administrator shall thereafter have the responsibility to make any necessary and appropriate changes to the Zoning Ordinance map. The Town Clerk shall have the responsibility to make any necessary and appropriate changes to the Zoning Ordinance text.

(c)

Failure by the Town Council to take action on the Planning Commission's recommendation within six (6) months after the Planning Commission's action or failure to act shall be considered a denial of a request.

(Ord. No. 1415, § 1, 7-11-06)

(a)

As a supplement to the advertising requirements imposed by Virginia Code §§ 15.2-2204 and 15.2-2285, the public notice process for every proposed map amendment, conditional use permit, variance or any other type of review as elsewhere specified in the Zoning Ordinance that requires a public hearing (collectively, a "land use action") shall require posted public notice on the property proposed for review.

(b)

At least fifteen (15) days prior to the Commission's first scheduled public hearing on the requested land use action, the applicant shall erect on the subject property signs prepared by the town staff indicating that the property is subject to a public hearing and explaining how to obtain additional information about the public hearing such as from the town website. Failure to do so may result in the cancellation or continuation of the scheduled public hearing. Once posted, it is the applicant's responsibility to (i) protect the sign(s) from theft, the effects of weather, or vandalism and (ii) ensure the signs remain legible. The failure of an applicant to comply with these responsibilities may be cause for the deferral of action on an application until there is reasonable compliance with this subsection.

(c)

The sign(s) shall be erected within ten (10) feet of each boundary line of the parcel(s) that is the subject of the land use action abutting a public street and shall be placed so that it is clearly visible from the street. If more than one street abuts the parcel(s), then either: (i) a sign shall be erected in the same manner as above for each abutting street; or (ii) if the area of the parcel(s) subject to the zoning map amendment request is confined to a particular portion of the parcel(s), a sign erected in the same manner as above for the abutting street that is in closest proximity to, or would be impacted by, the proposed use. A sign need not be posted along Route 460 or along any abutting street if the sign would not be readable from that roadway. If no street abuts the parcel(s), then signs shall be erected in the same manner as above on at least two boundaries of the parcel(s) abutting land that is not subject to the zoning action in locations that are most conspicuous to the public.

(d)

The applicant shall have the responsibility to determine and provide the structural elements necessary to erect the sign on the property.

(e)

All public hearing signs posted shall be removed from the property by the applicant within two (2) days after the Commission's public hearing.

(f)

The following exemptions shall apply to the provisions of this Section:

(1)

The posting of property shall not be required for any action initiated by a resolution of the Council if the action encompasses more than twenty-six (26) parcels of land.

(2)

The Planning Commission may defer acting on an application if it finds that a failure to comply with this section materially deprived the public of reasonable notice of the public hearing. However, neither the Commission's recommendation nor the Town Council's approval of a land use action shall be invalid solely because of the failure to comply with the supplemental notice requirements contained in this section.

(Ord. No. 1681, § 1, 5-14-13; Ord. No. 1921, § 1, 1-12-21)

(a)

In accordance with the authority granted to the Town by Virginia Code § 15.2-2298, the owner of property for which an amendment is requested may voluntarily proffer in writing reasonable conditions, in addition to the applicable regulations for the requested zoning district. All proffered conditions must be in writing and signed by the owner of the property.

(b)

The Town'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.

(c)

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

(1)

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

(2)

The conditions shall have a reasonable relation to the rezoning.

(3)

The conditions shall be in conformity with the comprehensive plan.

(4)

The conditions must be clearly understood and enforceable.

(5)

The conditions must not require or allow a design or standard that is less restrictive than the general provisions of this ordinance.

(d)

Any such conditions should be submitted prior to the start of the Commission's public hearing on the amendment. All conditions shall be submitted in writing, signed by the owner, 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. However, Town Council may accept amended proffers once the public hearing has begun if the amended proffers do not materially affect the overall proposal.

(e)

The Commission and the Council shall not be obligated to accept any or all of the conditions made by the property owner.

(f)

In the event proffered conditions include the dedication of real property or payment of cash, such property shall not transfer and such payment of cash shall not be made until the facilities for which such property is dedicated or cash is tendered are included in the capital improvement program, provided that nothing herein shall prevent the Town from accepting proffered conditions which are not normally included in such capital improvement program. If proffered conditions include the dedication of real property or the payment of cash, the proffered conditions should provide for the disposition of such property or cash payment in the event the property or cash payment is not used for the purpose for which proffered. However, the Town may utilize cash payments for alternative improvements as provided by Code of Virginia § 15.2-2302.2.

(Ord. No. 1419, § 1, 12-11-07; Ord. No. 1681, § 1, 5-14-13)

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:

(a)

Town Council may act at once upon modifications which are an outgrowth of staff, Planning Commission, or public comment; or

(b)

Town Council may refer the application back to the Planning 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.

(a)

Any application to rezone land to a planned zoning district, including RR2, shall constitute an application for conditional zoning. The written and graphic information submitted by the applicant as part of the application process shall constitute proffers. Once the Town Council has approved the final master plan, all accepted proffers shall constitute conditions, enforceable by the Zoning Administrator.

(b)

To initiate an amendment, the applicant shall complete a rezoning application. The application shall be accompanied by graphic and written information, which shall constitute a preliminary master plan. All information submitted shall be of sufficient clarity and scale to clearly and accurately identify the location, nature, and character of the proposed district. At a minimum this information shall include:

(1)

A legal description and plat of the total site proposed for development; showing the site boundaries, and existing street lines, lot lines, total acreage, and easements.

(2)

Existing zoning, land use, tax parcel number and ownership of each parcel proposed for the district.

(3)

A general statement of planning objectives to be achieved by the planned zoning district, including a description of the character of the proposed development, the existing and proposed ownership of the site, and the market for which the development is oriented.

(4)

A description, map, and analysis of existing site conditions, including information on topography, archeological and historic resources, natural water courses, floodplains, unique natural features, tree cover areas, etc.

(5)

A comprehensive sign plan.

(6)

A land use plan designating categories of uses and their location on the site, and establishing site development standards, including setback, height, lot coverage, floor area ratios, density, building envelopes, and the proposed lot layout of the planned zoning district.

(7)

A circulation plan, including location of existing and proposed vehicular, pedestrian, bicycle, and other circulation facilities and location and general design of parking and loading facilities. General information on the trip generation, ownership and maintenance and proposed construction standards for these facilities should be included. A Traffic Impact Analysis may be required by the Administrator.

(8)

A public services and utilities plan providing engineering requirements for and provision of public water, public sewer, and storm water facilities to serve the site.

(9)

Statements pertaining to any architectural and community design guidelines shall be submitted in sufficient detail to provide information on building designs, orientations, styles, lighting plans, etc.

(10)

A phasing plan delineating the proposed phases of the development, the approximate commencement date for construction and a proposed build-out period.

(11)

The names and addresses of adjacent property owners, including their property's tax parcel number, zoning, and land use.

(12)

A statement that a property owner's or other association will be created to meet any proffered obligations, as applicable.

(c)

The completed rezoning application and supporting preliminary master plan materials shall be reviewed by the Planning Commission and the Town Council through the procedures for review of applications for an amendment to the Zoning Ordinance.

(d)

The plan approved by the Town Council shall constitute the final master plan for the planned development. Once approved by the Town Council, the applicant shall submit a mylar copy of the approved plan. The Administrator shall authorize the revisions to the official zoning map to indicate the establishment of the planned zoning district. The approval of the final master plan for a planned zoning district is equivalent to, and has the effect of, the approval of a preliminary subdivision plat, pursuant to Town Code, Appendix B, Blacksburg Subdivision Ordinance, Article IV.

(e)

No building permits may be issued on land within the planned development until final plans for the development have been approved by the Administrator under the procedures outlined below.

(f)

The Administrator shall approve or disapprove a final site development plan within sixty (60) days from receipt of such plan. The plan shall be in substantial conformance with the approved final master plan. Such final site development plan may include one (1) or more sections of the overall planned zoning district, and shall meet all applicable federal, state and Town regulations and shall contain specific details of information required generally in the preliminary plan, including, if applicable, documents of a condominium, merchant's, property owner's or homeowners' association incorporated under laws of the Commonwealth of Virginia, declaration of covenants and restrictions, and other similar documents.

(Ord. No. 1724, § 1, 6-10-14)

There shall be submitted with any application for PC or PIN zoning a plan including graphic depictions indicating architectural building design, including characteristics such as scale, massing, roof shape, window size, shape and spacing, and exterior materials.

(Ord. No. 1415, § 2, 7-11-06)

(a)

Major revisions to the approved final master plan must be submitted and approved in the same manner as the original plan.

(b)

Major revisions include, but are not limited to changes such as:

(1)

Any increase in the density of the development;

(2)

Substantial change in circulation or access;

(3)

Substantial change in the mixture of dwelling unit types included in the project;

(4)

Substantial changes in grading or utility provisions;

(5)

Substantial changes in the mixture of land uses or an increase in the amount of land devoted to commercial, office, or institutional purposes;

(6)

Reduction in the approved open space, landscaping or buffering;

(7)

Substantial change in architectural or site design features of the development;

(8)

Any other change that the Administrator finds is a major divergence from the approved final master plan.

(c)

All other changes in the final master plan shall be considered minor revisions. The Administrator, upon receipt of a written request of the owner, may approve such minor revisions.

(1)

If the Administrator fails to act on a request for a minor revision to the Master Plan within thirty (30) calendar days, it shall be considered approved.

(2)

The Administrator's disapproval of a request for a minor revision may be appealed by the applicant through the process for major revisions.

(a)

The Administrator shall be vested with all necessary authority on behalf of the Town Council to administer and enforce conditions attached to a rezoning or amendment to a zoning map, including:

(1)

The ordering in writing of the remedy of any noncompliance with such conditions.

(2)

The bringing of legal action to insure compliance with such conditions.

(3)

Requiring a guarantee, satisfactory to the Administrator in an amount sufficient for and conditioned upon the construction of any physical improvements required by the conditions, or a contract for the construction of such improvements, and the contractor's guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by the Administrator upon the submission of satisfactory evidence that construction of such improvements has been completed in whole or in part.

(b)

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 occupancy, as may be appropriate.

The zoning map shall show by an appropriate symbol on the map the existence of conditions attached to the zoning on the map. The 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 in a particular zoning district or zone.

Any zoning applicant, or any other person aggrieved by a decision of the Administrator made pursuant to the provisions of Section 1165, may petition the Town Council for the review of the decision of the Administrator. All such petitions for review shall be filed with the Administrator within thirty (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.

Any request by an applicant to amend or vary conditions that were voluntarily proffered and accepted by the Town Council shall be reviewed and processed pursuant to Code of Virginia § 15.2-2302.

(Ord. No. 1681, § 1, 5-14-13)

(a)

The procedures and standards contained in this section shall apply to all uses specifically permitted as conditional uses in the district regulations found in Article 3 of this ordinance [Appendix].

(b)

This category of uses known as conditional uses is established in recognition that in addition to uses permitted by right, certain uses may, depending upon their scale, design, location, and conditions imposed by the Town Council, be compatible with permitted and future uses in a district.

(Ord. No. 1513, § 1, 4-14-09)

(a)

The Administrator shall not accept a conditional use permit application that does not comply with the minimum requirements for that use. In such situations, the applicant shall first seek a variance from the Board of Zoning Appeals. If a variance is granted, the Administrator shall thereafter accept the conditional use permit application for the consideration of the Commission and Town Council.

(b)

No conditional use permit shall be issued except upon a finding of the Town Council that in addition to conformity with any standards set forth in this chapter [Appendix], the proposed conditional use conforms with the following general standards. These standards shall be met either by the proposal made in the original conditional use permit application, or by the proposal as modified or amended as part of the review of the application by the Commission and the Town Council:

(1)

The proposal as submitted or modified shall conform to the comprehensive plan of the Town, or to specific elements of the plan, and to official Town policies adopted in relation thereto, including the purposes of the Zoning Ordinance.

(2)

The proposal as submitted or modified shall have a minimum adverse impact on the surrounding neighborhood or community. Adverse impact shall be evaluated with consideration to items such as, but not limited to, traffic congestion, noise, lights, dust, drainage, water quality, air quality, odor, fumes and vibrations. In considering impacts, due regard shall be given to the timing of the operation, site design, access, screening, or other matters which might be regulated to mitigate adverse impact.

(Ord. No. 1513, § 1, 4-14-09)

(a)

An application for a conditional use permit may be initiated by:

(1)

Resolution of the Town Council, or;

(2)

Motion of the Commission, or;

(3)

Petition of the owner, contract purchaser with the owner's written consent, or the owner's agent, of the property for which a conditional use permit is requested.

(b)

The applicant for a conditional use permit shall provide at the time of application, information and or data to demonstrate that the proposed use will be in harmony with the purposes of the specific zoning district in which it will be located. This information shall include a concept plan and other supporting data sufficient to demonstrate compliance with the purposes and standards of this ordinance. Further, the applicant shall have the responsibility to demonstrate that the proposed use will have minimum adverse impact on adjoining property and the surrounding neighborhood in terms of public health, safety, or general welfare.

(c)

All applications submitted for conditional use permits shall show the nature and extent of the proposed use and development. If the proposed development is to be constructed in phases, all phases shall be shown at the time of the original application. The applicant shall have the responsibility to show that the proposal meets all of the applicable specific and general standards for the use.

(d)

Within three (3) months prior to the initiation of an application for a conditional use permit, the potential applicant shall:

(1)

Schedule and attend a pre-application meeting, as described in Section 1150.

(2)

Produce satisfactory evidence that any delinquent real estate taxes owed, which have been properly assessed against the subject property, have been paid.

(e)

In addition to the information required by Section 1182, development applications for broadcasting and communication facilities shall include the following supplemental information:

(1)

A scaled elevation perspective of the proposed wireless telecommunication tower and associated structures.

(2)

A report from a licensed professional engineer which:

a.

describes the tower height and design including a cross section and elevation;

b.

documents the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas;

c.

describes the tower's capacity, including the number and type of antennas that it can accommodate;

d.

documents what steps the applicant will take to avoid interference with established public safety telecommunications;

e.

includes an engineer's stamp and registration number; and

f.

includes other information necessary to evaluate the request.

(3)

Information which documents the need for the proposed facility, considering existing and proposed antennae, operated by the applicant, that provide coverage for the Town of Blacksburg and vicinity.

(4)

Engineering information detailing the minimum and optimal height and coverage required for the facility.

(5)

A visual impact analysis prepared by a qualified professional that includes photo-simulations of the proposed wireless communication tower that at a minimum simulate the views of the facility from habitable structures on abutting properties and adjacent public roads.

(Ord. No. 1170, adopted 11-11-97; Ord. No. 1433, 2-13-07; Ord. No. 1513, § 1, 4-14-09)

(a)

The Administrator shall review all conditional use permit applications submitted. This review shall evaluate the proposal against the comprehensive plan and the specific and general standards for the requested use. The Administrator shall make a report to the Commission. This report shall contain all information pertinent to the evaluation of the request.

(b)

The process for review of a conditional use permit application shall be the same as the process for review of a rezoning application, Sections 1150 et. seq., of this ordinance [Appendix].

(c)

The Commission shall review and make recommendations to the Town Council concerning the approval or disapproval of any conditional use permit. Posting of the property shall be in accord with Section 1153 of this ordinance [Appendix]. The Commission shall base its recommendation upon the review of the submitted application materials, the specific and general criteria for the conditional use, public comment received at the hearing, and the information and evaluation of the Administrator. In making a recommendation to the Town Council, the Commission may recommend any conditions necessary to insure that the proposal meets the specific and general standards for the proposed use. Any such conditions shall be related to the design, scale, use, or operation of the proposed conditional use. Where warranted, for the purpose of compliance with the general standards for conditional uses, such conditions may exceed the specific standards for the use found elsewhere in this ordinance.

(d)

The Town Council may grant or deny any applicant a conditional use permit after notice is given and a public hearing is held in accordance with Code of Virginia, § 15.2-2204, as amended. In granting a conditional use permit, the Town Council may attach any conditions necessary to insure that the proposal meets the specific and general standards for the proposed use. Any such conditions shall be related to the design, scale, use, or operation of the proposed conditional use. Where warranted, for the purpose of compliance with the general standards for conditional uses, such conditions may exceed the specific standards for the use found elsewhere in this ordinance [Appendix].

(e)

A decision to deny a conditional use permit for a wireless communication tower shall be in writing supported by substantial evidence in a written record.

(Ord. No. 1170, 11-11-97; Ord. No. 1513, § 1, 4-14-09)

(a)

Within one hundred (100) days after the first meeting of the Commission after the proposed conditional use permit application is referred to the Commission, unless a shorter period shall have been established by mutual agreement between the Town Council and the Commission in a particular case, the Commission shall review the proposed application and report its findings and recommendation to the Town Council along with any appropriate explanatory materials. Failure of the Commission to so report shall be deemed a recommendation of approval. If the Commission does not report within the prescribed time, the Town Council may act on the application without the recommendation of the Commission.

(b)

Any conditional use permit granted shall be null and void eighteen (18) months after approval by the Town Council if the use or development authorized by the permit is not commenced to a degree that, in the opinion of the Administrator, clearly establishes the intent to utilize the granted conditional use permit in a period of time deemed reasonable for the type and scope of improvements involved.

(c)

Conditional uses which are approved by the Town Council shall run with the land, so long as such property is used for the purpose requiring the conditional use permit and shall not be transferable to any other property.

(1)

Activities or uses approved by a conditional use permit which are discontinued for a period of more than two (2) consecutive years shall not be reestablished on the same property unless a new conditional use permit is issued in accord with this ordinance.

(2)

A conditional use permit shall be void, if at the time of the commencement of the authorized use, activity, or structure, the site for which the permit has been granted contains other uses or activities not in place at the time of the issuance of the conditional use permit.

(d)

If the Town Council denies any application submitted for its review, or the application is withdrawn after Council consideration, the Town shall not consider any application for the same conditional use, on the same property, within one (1) year of the Council action.

(Ord. No. 1184, 6-9-98; Ord. No. 1513, § 1, 4-14-09)

Procedures for the amendment of the conditional use permit shall be the same as for the original permit application, with the exception that minor changes thereto shall not require the resubmission of a site plan. "Minor changes" to a conditional use permit site plan shall include, but not be limited to, alterations or additions which do not increase the gross floor area of a building or the size of a structure by more than ten (10) percent and which do not otherwise modify the physical characteristics of the site.

(Ord. No. 1513, § 1, 4-14-09)

Editor's note— Ord. No. 1513, § 1, adopted Apr. 14, 2009, amended § 1185 to read as herein set out. Former § 1185 pertained to amendments to conditional use permit site plan and conditional use permit. See the Code Comparative Table for complete derivation.

Where there exist uses classified as permitted uses by conditional use permit and such uses have not been allowed by a conditional use permit and thus are nonconforming due only to their existence prior to the adoption of this chapter [Appendix], minor modifications may be permitted by the Administrator to such use without the necessity of applying for and being granted a conditional use permit. Here, "minor modifications" shall include, but not be limited to, alterations or additions which do not increase the gross floor area of the building or the size of the structure by more than ten (10) percent, and which do not otherwise modify the physical characteristics of the site. Such substantial changes as defined in Section 1185 shall require a conditional use permit.

(Ord. No. 1513, § 1, 4-14-09)

Editor's note— Ord. No. 1513, § 1, adopted Apr. 14, 2009, amended § 1186 to read as herein set out. Former § 1186 pertained to modifications to use permitted by conditional use permit in absence of same. See the Code Comparative Table for complete derivation.

In residential zoning districts computations of the maximum number of dwelling units per acre, or in commercial zoning districts maximum lot coverage, with respect to a lot from which land has been severed for a public park, school site, other public facility site, regional detention facility, mass transit facility or street improvement, shall be based upon the lot area including that area severed for such purposes when:

(1)

An effective irrevocable dedication to public use or conveyance to the Town has occurred and evidence of such dedication or conveyance is of record among the land records of Montgomery County;

(2)

Such dedication or conveyance was not made in exchange for monetary compensation from the Town, nor was the need for such public facility created by the subdivision or development of the property;

(3)

The area dedicated or conveyed is necessary for the installation or improvement of the public use which is in accordance with the adopted comprehensive plan. Where such proposed public use requires approval under Code of Virginia § 15.2-2232, such approval shall be obtained prior to the granting of credit under this section; and

(4)

The Town Council has specifically approved density credit for the lot, lots or parcel or parcels in question, prior to completion of dedication or conveyance.

(a)

This Appendix shall be administered and enforced by a Zoning Administrator, who shall be appointed by the Director of Planning and Building. Assistants to the Zoning Administrator may be assigned or designated by the Director of Planning and Building, and such duly appointed assistants are authorized to act on behalf of the Administrator in the administration and enforcement of this Appendix.

(b)

The Administrator shall have the following powers and duties:

(1)

Zoning permit. To issue or deny a zoning permit for the erection, construction, reconstruction, moving, adding to, or alteration of any structure, or the establishment of any land use. The Administrator shall also have the authority to revoke any zoning permit if violations of the provisions of this Appendix occur.

(2)

Certificate of zoning compliance. To issue or deny a certificate of zoning compliance, which indicates that the use and physical development of the site is in conformity with the Zoning Ordinance.

(3)

Certificate of occupancy. To issue or deny a certificate of occupancy.

(4)

Collect fees. To collect any fees required or set forth in this ordinance.

(5)

Making and keeping records. To make and keep all records required by state law or necessary and appropriate for the administration of the Zoning Ordinance.

(6)

Inspection of buildings or land. To inspect any building or land to determine if violations of this Appendix have been committed or exist.

(7)

Enforcement. To enforce the Zoning Ordinance and take all necessary steps to remedy any condition found in violation of the provisions of it.

(8)

Request assistance. To request the assistance of other local and state officials or agencies in the administration and enforcement of the Zoning Ordinance.

(9)

Interpretation. To interpret the official zoning map and provisions of the Zoning Ordinance, and offer written opinions on their meaning and applicability, and to 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).

(10)

No written decision of the Administrator shall be subject to change, modification, or reversal after sixty (60) days have elapsed, where the person aggrieved has materially changed his position in good faith reliance on the decision.

(Ord. No. 1278, § 1, 11-13-01; Ord. No. 1681, § 1, 5-14-13; Ord. No. 1768, § 1, 9-8-15)

(a)

A zoning permit shall be required prior to the erection, construction, reconstruction, moving, adding to, or alteration of any structure, or the establishment of any land use, except as listed below:

(1)

Patios.

(2)

Accessory structures less than six (6) feet in height and twenty (20) square feet in area.

(b)

A zoning permit shall be required for:

(1)

Construction or reconstruction of any parking lot;

(2)

Any change in use of an existing structure or parking lot;

(3)

Installation of a dumpster or permanent trash or recycling container;

(4)

Addition of lights to a parking lot in connection with a use approved under a conditional use permit.

(c)

It shall be the responsibility of the applicant to provide any information necessary for the Administrator to determine that the proposed use, building, or structure complies with all provisions of this ordinance.

(d)

All zoning permits issued shall be valid for a period of six (6) months, unless the structure, use or activity for which the permit was issued has commenced. The Administrator may reissue any expired permit provided the structure, use and or activity complies with all applicable provisions of the ordinance at the time of reissuance.

(e)

The zoning permit is an element of the building permit.

(Ord. No. 1308, § 2, 8-13-02; Ord. No. 1513, § 1, 4-14-09)

No building permit for the extension, erection, or alteration of any building or structure shall be issued before an application has been made, and a zoning permit issued. No building or structure shall be occupied or used until a certificate of occupancy has been issued.

(a)

A certificate of zoning compliance shall be required for any of the following:

(1)

Occupancy or use of a building hereafter erected, enlarged or structurally altered.

(2)

Change in the use of an existing building.

(3)

Change in the use of vacant land except for the raising of crops, and other agricultural uses not involving structures.

(4)

Any change in use of a nonconforming use, or any alteration of a nonconforming building or structure.

(b)

No such occupancy, use, or change in use shall take place until a certificate of zoning compliance has been issued by the Zoning Administrator. Such certificate shall certify that the building or the proposed use, or the use of the land, complies with the provisions of this ordinance. Upon application of the owner or an authorized agent, the Zoning Administrator shall issue the certificate of zoning compliance for any building, structure or lot; provided, that the Administrator finds such building, structure or lot is in conformity with all applicable provisions of this ordinance, and all other applicable Town laws.

(c)

The Town shall issue or deny any application for a certificate of zoning compliance within seven (7) days of an application being filed. If denied, the Town shall advise the owner or owner's agent the reasons for the denial, and the specific actions required on the part of the owner before the certificate of zoning compliance can be issued.

(a)

In case of undue hardship, the Administrator may issue a temporary or partial certificate of zoning compliance for the property upon application by the owner or authorized agent. Temporary or partial certificates of zoning compliance shall be valid for a period not to exceed six (6) months, during which time all improvements required by Town law must be made.

(b)

The Administrator shall not issue any temporary or partial certificate of zoning compliance unless:

(1)

The site and building is in a safe and usable condition, free from conditions that might endanger the health, safety or welfare of persons using the site; and

(2)

All site development requirements are substantially completed, but due to unavoidable delays such as adverse weather conditions, they cannot be entirely completed as required in a reasonable time; and

(3)

The owner or authorized agent provides to the Town a performance guarantee, requiring corrective action. This guarantee shall be payable to the Town, in an amount determined by the Town to be sufficient to insure satisfactory completion of all improvements required and related to the development within six (6) months from the date of issuance of the temporary or partial certificate of zoning compliance. The performance guarantee may be in the form of a cash escrow, cashier's check, or irrevocable letter of credit. The Town Attorney shall approve the form and language of any instrument submitted.

(4)

The Administrator shall have the authority to waive the performance guarantee if the unfinished improvements have an estimated value of less than five hundred dollars ($500.00).

(5)

The Administrator shall have the authority to grant an extension to the temporary certificate of zoning compliance, provided all performance guarantees remain in effect.

Administrative review fees for permits and procedures specified by this ordinance shall be established by the Town Council. A schedule of these fees is available in the department of planning and building.

(Ord. No. 1465, § 1(c), 2-12-08)

As authorized by Code of Virginia § 15.2-2286(15), for the purpose of enforcing the provisions of this chapter, the Zoning Administrator shall have the authority to apply for the issuance of inspection warrants by a magistrate or court of competent jurisdiction. The Zoning Administrator may present sworn testimony to a magistrate or court of competent jurisdiction and if such sworn testimony establishes probable cause that a Zoning Ordinance violation has occurred, request that the magistrate or court grant the Zoning Administrator an inspection warrant to enable the Zoning Administrator to enter the subject dwelling for the purpose of determining whether violations of the Zoning Ordinance do exist. The Zoning Administrator shall make a reasonable effort to obtain consent from the owner or tenant of the subject dwelling prior to seeking the issuance of an inspection warrant under this section. Prior to seeking the issuance of an inspection warrant from a magistrate or court of competent jurisdiction, the Zoning Administrator shall seek advice from the Town Attorney on the appropriateness of seeking an inspection warrant. It shall be a violation of the Zoning Ordinance for any owner, managing agent, tenant, occupant or other person to deny the Zoning Administrator access to any dwelling after the Zoning Administrator has obtained an inspection warrant from a magistrate or a court of competent jurisdiction.

(Ord. No. 1651, § 1, 8-14-12)

As authorized by Code of Virginia § 15.2-2286(4), whenever the Zoning Administrator has reasonable cause to believe that any person has engaged in or is engaging in any violation of a Zoning Ordinance that limits occupancy in a residential dwelling unit, which is subject to a civil penalty that may be imposed in accordance with the provisions of Zoning Ordinance Section 1213, and the Zoning Administrator, after a good faith effort to obtain the data or information necessary to determine whether a violation has occurred, has been unable to obtain such information, the Zoning Administrator may request that the Town Attorney petition the judge of the general district court for a subpoena duces tecum against any such person refusing to produce such data or information. The judge of the court, upon good cause shown, may cause the subpoena to be issued. Any person failing to comply with such subpoena shall be subject to punishment for contempt by the court issuing the subpoena. Any person so subpoenaed may apply to the judge who issued the subpoena to quash it.

(Ord. No. 1651, § 1, 8-14-12)

(a)

The Administrator shall have the responsibility for enforcing the provisions of the Zoning Ordinance. The Administrator may, as necessary, solicit the assistance of other local and state officials and agencies to assist with this enforcement.

(b)

Property owners, permit applicants, and/or establishment owners/managers, as applicable, shall be notified in writing of violations of the provisions of the Zoning Ordinance. The Administrator shall, in the notice of violation, state the nature of the violation, the date that it was observed, and the remedy or remedies necessary to correct the violation. The Administrator may establish a reasonable time period for the correction of the violation; however, in no case shall such time period exceed fifteen (15) days from the date of written notification, except that the Administrator may allow a longer time period to correct the violation if the correction would require the structural alteration of a building or structure.

(c)

If the violation is not corrected within the time period specified in the first notification, a second written notice shall be sent. The second notification shall request compliance with these provisions within a period not to exceed seven (7) days.

(d)

Every written notice of violation or written order of the Administrator shall include a statement informing the recipient that he or she may have a right to appeal the notice of zoning violation or written order within thirty (30) days in accordance with this Section, and that the decision shall be final and unappealable if not appealed within thirty (30) days. If a second notice of violation is given as provided for in subsection (c) above, the thirty (30) day appeal period is not extended. The thirty (30) day appeal period begins when the first notice of violation is provided under subsection (b) above. The notice of violation or written order shall also include the amount of the appeal fee and a reference to where additional information may be obtained regarding the filing of an appeal.

(e)

An appeal from the Administrator's written notice of violation or written order shall be in writing and shall state the grounds thereof.

(f)

An appeal shall stay all proceedings in furtherance of the action appealed unless the Administrator certifies to the Board of Zoning Appeals that by reason of facts stated in the certificate a stay would cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order granted by the board or by a court of record, on application and notice to the Administrator and for good cause shown.

(g)

Notwithstanding the above, the appeal period shall be ten (10) days for a notice of violation involving (i) the maximum occupancy limitations of a residential dwelling unit or (ii) parking prohibited by Zoning Ordinance subsection 5201 (a) or (b). No second written notice shall be required before civil penalties may be imposed.

(Ord. No. 1651, § 1, 8-14-12; Ord. No. 1681, § 1, 5-14-13)

(a)

The owner or general agent of the building or premises where a violation of any provisions of this chapter [Appendix] has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist, shall be guilty of a misdemeanor, punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00).

(b)

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. Failure to remove or abate a Zoning Ordinance within the specified time period shall constitute a separate misdemeanor offense punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00), and any such failure during any succeeding thirty (30) day period shall constitute a separate misdemeanor offense for each thirty (30) day period punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00).

(c)

However, any conviction resulting from a violation of provisions regulating the number of unrelated persons in single-family residential dwellings shall be punishable by a fine of up to two thousand dollars ($2,000.00). Failure to abate the violation within the specified time period shall be punishable by a fine of up to two thousand dollars ($2,000.00), and any such failure during any succeeding ten (10) day period shall constitute a separate misdemeanor offense for each ten (10) day period punishable by a fine of up to two thousand five hundred dollars ($2,500.00). A conviction resulting from a violation of provisions regulating the number of unrelated persons in single-family residential dwellings shall not be punishable by a jail term.

(Ord. No. 1215, § 2, 5-11-99; Ord. No. 1419, § 1, 12-11-07)

The Zoning Administrator is authorized to bring legal action, including injunction, abatement, or other appropriate action or proceeding. This remedy is in addition to, and not in lieu of, any other remedy available to the Administrator.

Any owner or general agent of the building or premises where a violation of any provisions of the Zoning Ordinance has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the general agent, architect, builder, contractor, or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist, shall be punishable by a civil penalty.

A.

Any violation of the following provisions of the Zoning Ordinance shall be subject to a civil penalty of two hundred dollars ($200.00) for the first violation, a civil penalty of three hundred fifty dollars ($350.00) for the second violation and a civil penalty of five hundred dollars ($500.00) for each additional violation thereafter arising from the same set of operative facts:

1.

Occupancy of a dwelling unit in violation of sections 3023(f), 3032(e), 3042(e), 3052(f), 3062(f), 3083, 3094, 3113(f), 3123(f), 3144, 3155, 3166, 3184, 3193, 3213, or 4225(b)(2).

2.

Any erection, construction, reconstruction, moving, adding to, or alteration of any structure, or the establishment of any land use without a Zoning Permit, pursuant to Section 1201.

3.

Any violation of a proffer, or a planned development application plan, conditional use permit, variance, site plan, certificate of zoning compliance, or any condition related thereto.

4.

Any violation of Section 5100, which regulates developments and uses requiring a site development plan.

5.

Any violation of Article 5, Division 2, which regulates off-street parking, stacking, and loading spaces.

6.

Any violation of Article 5, Division 3, which regulates buffer yards and screening.

7.

Any violation of Article 5, Division 4, which regulates landscaping.

8.

Any violation of Article 5, Division 5, which regulates signage.

9.

Each use of a lot, including the use of any structure thereon, not authorized either as a matter of right or by conditional use permit by the zoning regulations applicable to the district in which the lot is located.

B.

Designation of a particular violation of the Zoning Ordinance pursuant to subsection A of this section shall be in lieu of criminal sanctions, and except when such violation results in injury to any person or persons.

C.

Each day during which a violation is found to exist shall be a separate offense. However, the same scheduled violation arising from the same operative set of facts may be charged not more than once in a ten (10) day period, and the total civil penalties from a series of such violations arising from the same set of operative facts shall not exceed five thousand dollars ($5,000.00).

D.

The Zoning Administrator, or the Zoning Administrator's designee, may issue a civil summons for a scheduled violation. Any person summoned or issued a ticket for a scheduled violation may make an appearance in person or in writing by mail to the department of finance prior to the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offence charged. Such persons shall be informed of their right to stand trial and that a signature to an admission of liability will have the same force and effect as a judgment of court.

E.

If a person charged with a scheduled 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 for by law. A finding of liability shall not be deemed a criminal conviction for any purpose.

F.

No provision herein shall be construed to allow the imposition of civil penalties (i) for activities related to land development or (ii) for violation of any provision of a local Zoning Ordinance relating to the posting of signs on public property or public rights-of-way.

G.

No civil penalty shall accrue or be assessed during the pendency of the applicable appeal period.

(Ord. No. 1278, § 2, 11-13-01; Ord. No. 1339, § 1, 9-9-03; Ord. No. 1419, § 1, 12-11-07; Ord. No. 1513, § 1, 4-14-09; Ord. No. 1651, § 1, 8-14-12)

State Law reference— Civil penalties for violation of Zoning Ordinance, § 15.2-2209

Any requirement of this chapter [Appendix] shall be maintained for the life of the use or the structure.

(Ord. No. 1184, adopted 6-9-98; Ord. No. 1278, § 2, 11-13-01)

Note— Formerly § 1213.

(a)

Within the districts established by this chapter [Appendix] or amendments thereto, there exist lots, structures, uses of land and characteristics of use which were lawful before this chapter [Appendix] was passed or amended, which will be nonconforming.

(b)

Such nonconformities are hereby declared to be incompatible with the character of the districts in which they occur. Nonconformities shall be permitted to remain until the right to maintain them is lost as provided in this division, but it is the intent of this division that such continuance should not be indefinite and that the nonconformities shall gradually be removed.

(c)

Except as provided in this division, no nonconformity shall be increased, enlarged upon, expanded, extended, repaired after damage to over fifty (50) percent of the value of the structure or resumed after discontinuance as specified herein. In determining the question of whether a structure has been damaged to over fifty (50) percent of the value of the structure, the following procedure shall be followed:

(1)

The Zoning Administrator shall inspect the structure, if so permitted. The Zoning Administrator, using recognized procedures and standards in that profession, shall determine, if possible, whether or not the structure has been damaged to over fifty (50) percent of the value of the structure.

(2)

If the Zoning Administrator may not be able to make such determination without further information from the owner of the structure, the Administrator will request from the owner a scope of work and estimated cost of repair, prepared by a general contractor, and a copy of any contract for the repairs between the owner and general contractor. The Zoning Administrator shall compare the cost of repair with the assessed value of the structure, to determine if the structure has been destroyed by more than fifty (50) percent of the value of the structure.

(3)

If the Zoning Administrator is unable to make the determination as to whether a structure has been damaged to over fifty (50) percent of its value, the Zoning Administrator shall use the best available information to make this determination.

(4)

After a structure has been damaged to over fifty (50) percent of its value, the owner shall have twelve (12) months after the date of the damage to obtain a building permit for reconstruction, in a manner consistent with this chapter [Appendix], or removal of the structure. The Zoning Administrator may grant one (1) extension for up to four (4) additional months, to address circumstances caused by acts of God, insurance delays, strikes, civil commotion, war, or other factors beyond the control of the owner. The request for extension must be in writing and be received by the Zoning Administrator prior to the expiration of the original permit.

(5)

This section shall apply to legal nonconforming structures, as well as to conforming or legal nonconforming structures containing nonconforming uses.

(d)

No nonconformity shall undergo a change in character of the use in existence upon adoption of the Zoning Ordinance, as Ordinance No. 1137. Any nonconformity that underwent or undergoes a change in character after that point lost or loses its status as a legal nonconformity under Ordinance No. 1137, adopted April 22, 1997; and at that point constituted and constitutes a violation of this division, not entitled to protection as a legal nonconformity. Whether a nonconformity has been increased in size and scope is merely one (1) circumstance relevant to the determination of whether the character of the use has been changed. Where the character of a nonconformity changes, it ceases to enjoy the exemption from the Zoning Ordinance which is protected by the "then existing" use.

(e)

To avoid undue hardship, nothing in this division shall be deemed to require a change in the plans, construction or designated use of any building, for which no site plan is required, on which actual construction was lawfully begun prior to the effective date of this chapter [Appendix] or amendments thereto and upon which actual building construction has been carried out diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been subsequently begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction; provided, that work shall be carried on diligently. Nothing in this subsection shall affect the operation of Section 5133, "Approved Final Site Plan—Term of Validity," of this ordinance.

(f)

Where a site development plan is valid and a building permit has been obtained for construction but the site development plan expires before construction begins, then subsection (e) above applies.

(g)

For purposes of this division, the value of the structure shall be derived from the then current records of the Montgomery County Commissioner of Revenue.

(h)

Where changes to a structure or lot render the structure or lot inconsistent with this chapter [Appendix], and where those changes result from acquisition of property for public purpose under threat of, or by condemnation, the structure or lot shall not because of that factor be deemed a legal nonconforming structure or lot and shall not because of that factor be inconsistent with this chapter [Appendix].

(a)

In any district in which single-unit dwellings are permitted, a single-unit dwelling and customary accessory building may be erected on any single undeveloped lot of record at the effective date of this division or amendments thereto; but only if such lot cannot be combined with another adjoining undeveloped lot or lots under the same ownership in order to establish a lot or lots conforming to the requirements of this division. Accessory apartments may also be erected on such lots if the requirements of the accessory apartment permit program, as set out at Zoning Ordinance §§ 1270, 1271 and 4201, can be met.

This section shall apply even though such lot fails to meet the applicable zoning district requirements for area or frontage, or both; provided that all requirements, except area or frontage of the lot, or both, shall be complied with as for other residences in the same district.

(b)

If two (2) or more undeveloped lots or combinations of developed and undeveloped lots and portions of lots with continuous frontage under single ownership are of record at the effective date of this section or amendments thereto, and if all or parts of the lots do not meet the minimum requirements for lot frontage and area herein established, the lots involved shall be considered an undivided parcel for the purposes of this division, and no portion of such lots or parcels shall be used or sold in a manner to diminish compliance with the requirements of this division as to lot frontage and area.

(c)

If two (2) or more lots or portions of lots with continuous frontage under single ownership are of record at the effective date of this section or amendments thereto, and if all or parts of the lots are required for the existing structure or structures to meet the minimum site development regulations herein established, the lots involved shall be considered an undivided parcel for the purposes of this division, and no portion of such lots or parcels shall be used or sold in a manner to diminish compliance with the requirements of this division.

(Ord. No. 1184, adopted 6-9-98; Ord. No. 1215, § 3, 5-11-99; Ord. No. 2022, § 1, 5-9-23)

Where a structure lawfully exists at the effective date of this chapter [Appendix] or amendments thereto which could not be built or placed under the terms of this chapter [Appendix] by reason of restrictions on area, bulk, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such structure may continue so long as it remains otherwise lawful, and so long as it is maintained in the condition that existed on the effective date of this chapter [Appendix], subject to the following provisions:

(1)

No nonconforming structure may be altered in a way which increases the nonconformity. However, a principal structure which is nonconforming due to encroachment into a required yard may be enlarged within or coextensive with the plane of the structure, so long as no new nonconformity is thereby created.

(2)

Except as otherwise provided in Section 1235 of this Appendix, if a nonconforming structure is destroyed or damaged, and the cost of restoring the structure to its condition does not exceed fifty (50) percent of current assessed value of the entire structure, then the structure may be restored to its original nonconforming condition, provided that a building permit is secured, reconstruction is started within one hundred eighty (180) days from the date of the damage, and such reconstruction is diligently pursued to completion. The building official shall determine the cost of restoration.

(3)

If such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved or shall be removed from the Town of Blacksburg. The word "structure" shall specifically include manufactured homes.

(4)

This subsection shall not apply to a bed and breakfast service. The existence of any nonconformity with respect to the structure or use of the dwelling unit housing the bed and breakfast service shall not constitute a basis for denial of the conditional use permit. The proper use of any such structure for a bed and breakfast service shall not constitute an extension, enlargement, reconstruction, or alteration of the nonconforming structure.

(Ord. No. 1247, § 4, 9-12-00; Ord. No. 1419, § 1, 12-11-07; Ord. No. 1513, § 1, 4-14-09)

(a)

Where, at the effective date of this ordinance or amendments thereto, lawful use exists of buildings, structures, or land, individually or in combination, which use is made no longer permissible under the terms of this division as enacted or amended, such use may be continued so long as the then existing or a more restricted use continues and it is not discontinued for more than two years, and so long as the nonconforming use does not undergo a change in character of the use in existence upon adoption of the Zoning Ordinance on April 22, 1997, as Ordinance No. 1137. Any nonconforming use that underwent or undergoes a change in character, after that point lost or loses its status as a legal nonconformity use under Ordinance No. 1137, adopted April 22, 1997; and, at that point constituted and constitutes a violation of this division, not entitled to protection as a legal nonconforming use. If buildings or structures in such nonconforming use be enlarged, extended, reconstructed or structurally altered, use thereafter shall conform to the regulations of the district in which they are located.

(b)

No existing structure devoted to a use not permitted by this chapter [Appendix] in the district in which it is located shall be enlarged, extended, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located. No additional buildings or structures shall be constructed to carry out or support the non-conforming use on the site.

(c)

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the effective date of this division or amendment thereto, but no such use shall be extended to occupy any land outside such building, and no such extension shall cause a change in character of the use in existence upon the adoption of the Zoning Ordinance on April 22, 1997, as Ordinance No. 1137.

(d)

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which it is located, and the nonconforming use may not thereafter be resumed.

(e)

No nonconforming use shall be moved in whole or in part to any portion of the lot or parcel unoccupied by such use at the time of the adoption or subsequent amendment of this chapter [Appendix].

(f)

This section shall not apply to a bed and breakfast service. The existence of any nonconformity with respect to the structure or use of the dwelling unit housing the bed and breakfast service shall not constitute a basis for denial of the conditional use permit. The proper use of any such structure for a bed and breakfast service shall not constitute an extension, enlargement, reconstruction, or alteration of the nonconforming structure.

(g)

Where there is both a nonconforming structure and a nonconforming use with respect to the same structure, in case of conflict, the rules on nonconforming uses set out in this section shall apply.

(h)

The landowner or the homeowner may remove a nonconforming manufactured home unit, and replace it with another comparable manufactured home unit. In a mobile or manufactured home park, a single-section home may replace a single-section home, and a multi-section home may replace a multisection home. The owner of a valid nonconforming mobile or manufactured home not located in a mobile or manufactured home park may replace that home with a newer manufactured home, either single or multi-section, that meets current HUD standards. The nonconforming status shall be retained.

(Ord. No. 1184, adopted 6-9-98; Ord. No. 1308, § 3, 8-13-02; Ord. No. 1339, § 2, 9-9-03; Ord. No. 1419, § 1, 12-11-07; Ord. No. 1513, § 1, 4-14-09)

If a nonconforming residential or commercial building is damaged or destroyed by fire, natural disaster or other act of God, such building shall be repaired, rebuilt or replaced to eliminate or reduce the nonconforming features to the extent possible, without the need to obtain a variance as provided in Code of Virginia, § 15.2-2310. If such building cannot be repaired, rebuilt or replaced except to restore it to its original nonconforming condition, the owner shall have the right to do so. The owner shall apply for a building permit and any work done to repair, rebuild or replace such building shall be in compliance with the provisions of the Uniform Statewide Building Code. Any work done to repair, rebuild or replace such building shall be in compliance with the provisions of the local floodplain regulations adopted as a condition of participation in the National Flood Insurance Program. Unless such building is repaired or rebuilt within two (2) years of the date of the natural disaster or replaced within two (2) years of the date of the natural disaster or other act of God, such building shall only be repaired, rebuilt or replaced in accordance with the provisions of this ordinance. However, if the nonconforming building is in an area under a federal disaster declaration and the building has been damaged or destroyed as a direct result of conditions that gave rise to the declaration, then the owner shall have an additional two (2) years for the building to be repaired, rebuilt or replaced as otherwise provided in this section.

(Ord. No. 1419, § 1, 12-11-07)

(a)

Nonconforming parking lots may continue to be used after a change in use of the structures they serve.

(b)

Additions to nonconforming parking lots shall conform to all requirements of Article V.

(c)

Owners of nonconforming parking lots may make certain modifications to the parking lot, without bringing the parking lot into conformity with the requirements of Article V, as follows:

(1)

Landscaping, provided that the required minimum number of parking spaces is preserved.

(2)

Resurfacing.

(3)

Any other modification to the parking lot, not exceeding 75% of the paved area of the parking lot.

(d)

The owner of an existing nonconforming gravel parking lot may use this parking lot in conjunction with the structure for which the parking lot was designed, where there is a change in use of the structure with no requirement for additional parking spaces. Where additional parking spaces are required, the new parking area shall conform to all requirements of this ordinance.

(e)

If the owner of the gravel parking lot paves it, the owner shall bring the parking lot into conformity with all requirements of this division.

(Ord. No. 1247, § 5, 9-12-00)

(a)

Except where otherwise provided, in cases where signs existing as of the date of the adoption of this ordinance exceed the total allowable sign area for the subject parcel, no additional signs shall be permitted thereon.

(b)

Maintenance. All nonconforming signs may be maintained and repainted but shall not be maintained in such a manner as to increase the degree of nonconformity. A nonconforming sign may be repaired provided it has not been damaged in excess of fifty percent of its replacement value. Any freestanding nonconforming sign may be modified so long as the proposed modification brings the nonconforming sign into structural conformity with the provisions of this division.

(c)

A permit shall be required for the repair or modification, including a change in sign faces, of any nonconforming sign. Sign faces or messages may be replaced on any nonconforming sign, provided no structural changes are required to make the replacement. The Town Council finds that a legal nonconforming sign structure or use representing a business, entity, or message that is no longer in existence constitutes a change in character of this structure or use. A sign shall be considered abandoned if the business for which the sign was erected has not been in operation for a period of at least two (2) years. After a reasonable attempt to notify the property owner, the Town may order the removal of the nonconforming, abandoned sign. The Town through its own agents or employees may enter the property upon which the sign is located and remove any such sign whenever the owner has refused to do so. The cost of such removal shall be chargeable to the owner of the property. Nothing herein shall prevent the Town from applying to a court of competent jurisdiction for an order requiring the removal of such abandoned nonconforming sign by the owner by means of injunction or other appropriate remedy.

(d)

Any nonconformity of an underlying use, structure, or lot shall not be ascribed to a sign pertaining to that use, structure, or lot. The conformity or not of the sign shall be determined independently of the determination of the conformity of the use, structure, or lot, to which the sign pertains. Any such sign shall be subject to the sign regulations of the zoning district in which the use is located.

(Ord. No. 1339, § 3, 9-9-03; Ord. No. 1369, § 1, 10-12-04; Ord. No. 1419, § 1, 12-11-07)

Certain minor modifications of overhead utility poles shall be permitted. These minor modifications include, but are not limited to, the addition of brackets up to 24 inches in length, in-line relocations, addition of guy wires and poles, a single additional crossarm, replacement with taller poles, and limited pole relocations to accommodate minor line adjustments.

(Ord. No. 1415, § 3, 7-11-06)

Note— Formerly § 1239

(a)

The Board of Zoning Appeals (BZA) shall consist of at least five (5) members and may consist of seven (7) members who shall be appointed by the Circuit Court. The Circuit Court may appoint not more than three (3) alternate members, whose qualifications, terms and compensation shall be the same as those of regular members. Terms of office shall be for five (5) years. The secretary of the board shall notify the court at least thirty (30) days in advance of the expiration of any term of office and promptly if any vacancy occurs. Appointments to fill vacancies shall be for the unexpired term of the member whose term became vacant. One (1) member of the board may be a member of the Planning Commission. A member whose term expires shall continue to serve until his or her successor is appointed and qualified. Members of the board shall hold no elected public office, except that one (1) member may be on the Planning Commission.

(b)

The BZA shall develop, adopt and maintain by-laws that govern its operation.

(c)

The BZA shall elect from its membership a chair and a vice-chair to serve in the absence of the chair, and other such officers as may be necessary. These officers shall serve annual terms and may succeed themselves. The Administrator shall serve as secretary to the board without vote and the Town Clerk shall record the minutes.

(d)

For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all the members of the board and the board shall offer an equal amount of time in a hearing on the case to the applicant, appellant or other person aggrieved under Code of Virginia § 15.2-2314 and the town staff. Code of Virginia § 15.2-2308.1 shall govern the provision of materials related to a particular case and ex parte communication. The board shall adopt such rules and regulations as it may consider necessary.

(e)

The board shall keep a full public record of its proceeding, including minutes of its proceedings and other official actions, which shall be filed in the office of the Town Clerk and shall submit a report of its activities to the Town Council at least once a year. The meetings of the board shall be held at the call of its chair and at such times as the board may determine. The chair may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public.

(f)

Members of the board may receive such compensation as may be authorized by the Town Council, and members shall be removable for malfeasance, misfeasance or nonfeasance in office, or for other just cause, by the circuit court, after hearing held after at least fifteen (15) days' notice.

(Ord. No. 1419, § 1, 12-11-07; Ord. No. 1768, § 1, 9-8-15)

(a)

The BZA shall have the power and duty to hear and decide appeals from any written order, requirement, decision, or determination made by an administrative officer in the administration or enforcement of this ordinance. The determination of the administrative officer shall be presumed to be correct. At a hearing on an appeal, the administrative officer shall explain the basis for his or her determination after which the appellant has the burden of proof to rebut such presumption of correctness by a preponderance of the evidence. No such appeal shall be heard except after notice and hearing as provided by Code of Virginia § 15.2-2204. For purposes of this section, "determination" means any order, requirement, decision or determination made by an administrative officer. Any appeal of a determination to the board shall be in compliance with this section, notwithstanding any other provision of law, general or special.

(b)

The BZA shall consider any applicable ordinances, laws and regulations in making its decision.

(c)

Notwithstanding any other provision of law, general or special, a variance shall be granted if (i) the evidence shows that the strict application of the terms of the ordinance would unreasonably restrict the utilization of the property or (ii) that the granting of the variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time of the effective date of the ordinance, and the following are shown:

(i)

The property interest for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance;

(ii)

The granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area;

(iii)

The condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance;

(iv)

The granting of the variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification of the property; and

(v)

The relief or remedy sought by the variance application is not available through a special exception process that is authorized in the Zoning Ordinance pursuant to Code of Virginia § 15.2-2309(6) or the process for modification of a zoning ordinance pursuant to Code of Virginia § 15.2-2286(A)(4) at the time of the filing of the variance application.

No variance request shall be considered by the BZA until after notice and hearing as provided by Code of Virginia § 15.2-2204. When giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the BZA may give such notice by first-class mail rather than by registered or certified mail. In addition, posting of the property shall be required as provided for in Zoning Ordinance § 1153.

In granting a variance, the BZA may impose such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the public interest, and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with. Notwithstanding any other provision of law, general or special, the property upon which a property owner has been granted a variance shall be treated as conforming for all purposes under state law and local ordinance; however, the structure permitted by the variance may not be expanded unless the expansion is within an area of the site or part of the structure for which no variance is required under the ordinance. Where the expansion is proposed within an area of the site or part of the structure for which a variance is required, the approval of an additional variance shall be required.

With respect to signs, the power to grant variances shall not extend to an economic hardship related to the cost, size, or location of a new sign or to the convenience of the applicant; and it shall not extend to the convenience of regional or national businesses which propose to use a standard sign when it does not conform to the provisions of the Zoning Ordinance.

(d)

The BZA shall have the power and duty to hear and decide appeals from any written decision of the Administrator. No such appeal shall be heard except after notice and hearing as provided by Code of Virginia § 15.2-2204.

(e)

The BZA shall have the power and duty to hear and decide applications for interpretation of the official zoning map where there is uncertainty as to the location of a district boundary. No such determination shall be made except after notice and hearing as provided by Code of Virginia § 15.2-2204. Any property owner affected by a determination of the location of the boundary must be notified by first class mail prior to any such determination. After notice and hearing, the BZA may interpret the map in such a way to carry out the intent and purpose of this ordinance. However the BZA shall not have the power to change substantially the locations of the district boundaries as established by the Zoning Ordinance. This authority of the BZA to determine the location of district boundaries shall not be construed as the power to rezone property.

(f)

The board, by resolution, may fix a schedule of regular meetings, and may also fix the day or days to which any meeting shall be continued if the chair, or vice-chair if the chair is unable to act, finds and declares that weather or other conditions are such that it is hazardous for members to attend the meeting. Such finding shall be communicated to the members and the press as promptly as possible. All hearings and other matters previously advertised for such meeting in accordance with Code of Virginia § 15.2-2312 shall be conducted at the continued meeting and no further advertisement is required.

(Ord. No. 1247, § 7, 9-12-00; readopted 10-10-00; Ord. No. 1681, § 1, 5-14-13; Ord. No. 1768, § 1, 9-8-15)

Editor's note— Ord. No. 1247, § 7, adopted Sept. 12, 2000, was reconsidered and readopted on Oct. 10, 2000.

(a)

Applications for variances may be made by any property owner, tenant, government official, department, board or bureau of the Town. All applications shall be submitted to the Administrator in accordance with rules adopted by the BZA. All applications and accompanying maps, plans or other information shall be transmitted promptly to the secretary of the BZA who shall place the application on the agenda to be acted upon by the BZA, within ninety (90) days of the filing of the application. No such application shall be heard except after notice and hearing as provided by Code of Virginia § 15.2-2204, as amended. The Administrator shall transmit a copy of the application to the Commission, which may send a recommendation to the BZA, or appear as a party at the hearing.

(b)

Prior to the initiation of an application for a variance, the applicant shall produce satisfactory evidence that any delinquent real estate taxes owed, which have been properly assessed against the subject property, have been paid.

Appeals to the BZA may be taken by any person aggrieved or by any officer, department, or board of the Town affected by any decision of the Administrator, or from any order, requirement, decision, or determination made by any other administrative officer in the administration or enforcement of this ordinance. Appeals must be made within thirty (30) days after the entry of the decision appealed by filing with the Administrator and with the BZA a notice of appeal, specifying the grounds thereof. The Administrator shall forthwith transmit to the BZA all of the papers constituting the record upon which the action appealed was taken. A decision by the BZA on an appeal taken pursuant to this Section shall be binding upon the owner of the property that is the subject of such appeal only if the owner of such property has been provided notice of the zoning violation or written order of the zoning administrator in accordance with this Section. The owner's actual notice of such notice of zoning violation or written order or active participation in the appeal hearing shall waive the owner's right to challenge the validity of the BZA's decision due to failure of the owner to receive the notice of zoning violation or written order. An appeal shall stay all proceedings in furtherance of the action appealed unless the Administrator certifies to the BZA that by reason of facts stated in the certificate a stay would cause imminent peril to life or property. In such cases, proceedings shall not be stayed unless a restraining order is granted by the BZA, or by a court of record, on application and on notice to the Administrator and for good cause shown.

(Ord. No. 1681, § 1, 5-14-13)

(a)

The BZA shall fix a reasonable time for the hearing of an appeal, give public notice thereof, as well as due notice to all parties of interest, and decide the same within ninety (90) days of the filing of the appeal. In exercising its power, the BZA may reverse or affirm, wholly or partly, or may modify an order, requirement, decision, or determination appealed from. Failure of the BZA to take action within the ninety (90) day time limit results in a denial of the application. (Ord. No. 1184, adopted 6-9-98)

(b)

The concurring vote of a majority of the members of the BZA shall be necessary to reverse any order, decision, requirement, or determination of an administrative officer, or to decide in favor of the applicant on any matter upon which the BZA is required to pass under the terms of this ordinance, or to effect any variance from this ordinance.

(c)

The BZA shall keep minutes of its proceedings and other official actions which shall be filed in the Office of the BZA. All records shall be public records. The chair of the BZA, or in his or her absence, the acting chair, may administer oaths, and compel the attendance of witnesses.

Any person aggrieved by any decision of the BZA, or any aggrieved taxpayer or any officer, department, or board of the Town may file with the Circuit Court a petition requesting a writ of certiorari in the manner provided by Code of Virginia § 15.2-2314.

(Ord. No. 1681, § 1, 5-14-13)

(a)

Accessory apartments are not "by right" uses and have not been permitted for many years. However, the Blacksburg Town Council has determined that, under certain circumstances, it may be appropriate to allow an accessory apartment in conjunction with a detached single family home through an annual permit program. Done successfully, an accessory apartment permit program can promote home ownership, owner residency, affordable housing, aging in place, mixed age and income neighborhoods, providing housing for young professionals and critical segments of the workforce.

(b)

The majority of Virginia Tech students live off campus in different types of housing. Based on its experience with absentee landlords and single family homes rented by students, the Blacksburg Town Council has found that owner occupied properties in the town are better maintained and result in fewer problems in residential neighborhoods. The owner occupancy requirement in this accessory apartment permit program exists as a counterbalance to prevent neighborhood problems such as noise and trash that may be created by the additional housing that will be permitted. Owner occupancy is also consistent with a primary goal of this program, which is to provide aging-in-place options. It is for these reasons that the Town Council finds that the owner occupancy requirement will prevent the deterioration of neighborhoods and is substantially related to land use impact, making it a land use regulation instead of a regulation of the land owner. Because of the importance of owner occupancy in the Town's creation of this accessory apartment permit program, this requirement shall not be considered to be severable.

(c)

Because of these concerns about residential over-occupancy and impacts on neighborhood character, accessory apartments shall be permitted only under the conditions set forth in this division and Zoning Ordinance § 4201.

(Ord. No. 1816, § 1, 4-11-17; Ord. No. 2022, § 1, 5-9-23)

(a)

Accessory apartments are permitted only in the RR-1, RR-2 and R-4 zoning Districts or as approved as part of a rezoning to the PR zoning district. Accessory apartments are only allowed on lots with a detached single family home and only one accessory apartment per lot or parcel is permitted.

(b)

Lots that are non-conforming with regard to minimum lot size are eligible for an accessory apartment provided that all other standards in the Zoning Ordinance are met and the use does not increase any non-conformities.

(c)

The primary dwelling unit or accessory apartment must be owner occupied.

(d)

The owner must reside on the premises for at least nine (9) calendar months cumulatively in a calendar year. If an owner will be in residence less than nine (9) months in any calendar year, then the Planning and Building Department must be informed and the owner will not be permitted to rent the accessory apartment during that year.

(e)

No accessory apartment may be created or rented without first obtaining a permit from the Town of Blacksburg. Applicants may register at any time during the calendar year. Registration must be renewed annually. The permit does not run with the land, so any new owner must complete an application for rental of an accessory apartment.

(f)

The apartment permit registration program does not supersede any applicable private deed restrictions or covenants governing a property.

(g)

Accessory apartments may only be rented by the unit. The accessory unit cannot be rented by the bedroom.

(h)

The accessory apartment permit program is intended to further the goals set forth in § 1270, not to facilitate the development of homestay units (regulated in Chapter 6 of the Town Code) or other forms of short-term rentals. Therefore, accessory apartments approved under this division may not be used thereafter as homestay units or short-term rentals, regardless of the apartment's status in the accessory apartment program.

(i)

The owner shall sign an affidavit before a notary public stating that he or she occupies either the primary dwelling unit or the accessory apartment. The affidavit will also state that, should the owner choose not to participate in the program in the future, the unit will not be rented as an accessory apartment. Upon the sale of the property, a new owner shall be required to register and sign a new affidavit.

(j)

As part of the accessory apartment permit program, property owners will consent to comply with the applicable standards of the program and consent to inspection at reasonable times by Town staff for compliance.

(k)

Failure to comply with the standards of the program, including all occupancy and use and design standards, may result in revocation of approval for the accessory apartment and the use must cease and no further application will be approved for a period of one (1) year from the revocation. A written revocation notice will be sent to the property owner. Appeal of a revocation will be heard before the Board of Zoning Appeals in the manner outlined in Zoning Ordinance § 1243, et. seq.

(l)

"Owner" means the following:

(1)

An individual who possesses, as shown by a recorded deed, fifty (50) percent or more ownership in the property, and occupies the dwelling unit with a bona fide intent to make it his or her primary residence; or

(2)

An individual who is a trustor of a family trust that possesses fee title ownership to the property and was created for estate planning purposes by one (1) or more trustors of the trust. Such individual must occupy the dwelling unit owned by the family trust with a bona fide intent to make it his or her primary residence. Each living trustor of the trust shall so occupy the dwelling unit except for a trustor who temporarily resides elsewhere due to a disability or infirmity. In such event, the dwelling unit shall nevertheless be the domicile of the trustor during the trustor's temporary absence.

(3)

A person who meets the requirements of the preceding sub-sections (1) and (2) shall not be deemed an owner occupant if the property on which the dwelling unit is located has more than one (1) owner and all owners of the property do not occupy the dwelling unit with a bona fide intent to make the dwelling unit their primary residence.

(4)

A claim that a person is not an owner occupant may be rebutted by documentation, submitted to the Planning and Building department, showing that the person who occupies the primary dwelling unit has a bona fide intent to make that unit his or her primary residence as indicated by the following documents that show such person:

i.

Is listed as a primary borrower on documents for any loan presently applicable to the property where the dwelling unit is located;

ii.

Has claimed all income, deductions, and depreciation from the property on his or her tax returns for the previous year;

iii.

Is the owner listed on all rental documents and agreements with tenants who occupy the dwelling unit, including any accessory apartment;

iv.

Is the owner listed on all insurance, utility, appraisal, or other contractual documents related to the property; and

v.

Is a full-time resident of Virginia for state income tax purposes.

(5)

Any person, or group of persons, who fails, upon request of the Planning and Building department, to provide any of the documents set forth in the preceding sub-sections or who provides a document showing that ownership of a dwelling unit is shared among persons who do not all occupy the dwelling unit shall mean for the purpose of this section that such person or persons shall not be deemed an "owner" for the purposes of this section.

(m)

Before a permit is issued, the owner shall sign a notarized owner occupancy covenant that will be recorded in the Montgomery County Circuit Court land records. This covenant is intended to make the requirements of this program clear to prospective purchasers.

(Ord. No. 1816, § 1, 4-11-17; Ord. No. 2022, § 1, 5-9-23)

(a)

There are certain temporary uses that by their nature require additional regulation, beyond the general requirements applicable to a particular zoning district, to protect the welfare, safety and convenience of the public. The impacts of temporary uses are generally quantifiable and subject to mitigation by imposition of specific standards. Such uses may be allowed within designated zoning districts under the controls, limitations and regulations of the Temporary Use Permit established by this division.

(b)

The Zoning Administrator may approve a Temporary Use Permit under the provisions of this division after concluding that the proposed temporary use complies with the applicable Use and Design Standards for the use.

(Ord. No. 1777, § 1, 1-12-16)

(a)

An application for a Temporary Use Permit may be made by (i) any person who is a property owner or (ii) by any lessee with written permission from the owner.

(b)

The application shall be filed with the Zoning Administrator on forms provided by the Planning and Building Department. All information required for evaluation of the application shall be supplied and the applicant shall remit the fee established by Town Council for such permit. No application shall be deemed filed until all submission requirements have been met.

(c)

The Zoning Administrator shall approve or deny an application for a Temporary Use Permit within forty-five (45) calendar days of filing. In the event the Zoning Administrator denies any application, the Zoning Administrator shall clearly identify the deficiencies that are the basis for the denial by reference to specific zoning ordinance sections and requirements.

(d)

Whenever a Temporary Use Permit is denied by the Zoning Administrator, the applicant may take either of the following actions in lieu of accepting the decision as final:

(1)

Revise the application to satisfy the stated reason for denial, in which case the revised application shall be handled as a new application; or

(2)

Appeal the denial to the Board of Zoning Appeals in accordance with Zoning Ordinance § 1243.

(Ord. No. 1777, § 1, 1-12-16)

(a)

A Temporary Use Permit may be revoked by the Zoning Administrator at any time due to the failure of the permit holder to observe all requirements of the Zoning Ordinance. Notice of the revocation shall be made in writing. Any person aggrieved by such notice may appeal the revocation to the Board of Zoning Appeals in accordance with Zoning Ordinance § 1243.

(b)

A Temporary Use Permit shall be issued on an annual basis. Temporary Use Permits shall automatically expire twelve (12) months after the date of issuance and must be renewed by filing a new application and receiving approval from the Zoning Administrator.

(Ord. No. 1777, § 1, 1-12-16)

(a)

All temporary uses shall satisfy the applicable Use and Design Standards.

(b)

Issuance of a permit shall be conditioned upon the applicant's consent to reasonable inspections initiated by the Zoning Administrator to verify compliance with the requirements of this division, and a right of access for the Zoning Administrator to make such inspections.

(c)

The Zoning Administrator shall have no authority to vary, modify, or waive any of the regulations or standards prescribed for any use for which a Temporary Use Permit is required, except that the Zoning Administrator may waive some or all application submission requirements that do not apply in a given situation.

(d)

The Zoning Administrator may require a bond or other suitable guarantee sufficient to ensure (i) that signs, trash, temporary structures and debris will be removed from the site and from the immediate vicinity of the site; (ii) that the activity will not remain for longer than a temporary period; and (iii) compliance with applicable town ordinances. Such bond or guarantee shall be not less than one hundred dollars ($100.00) nor more than one hundred thousand dollars ($100,000.00), depending on the nature and extent of the proposed use. The bond or guarantee shall be forfeited to the Town if (i) the site is not adequately cleared of all trash, debris, signs and temporary structures, (ii) if the activity remains on the site after expiration of the permit, or (iii) if substantive violations of any applicable town ordinances occur.

(e)

All activities to be conducted pursuant to a Temporary Use Permit shall be in compliance with all applicable town, county, state, and federal regulations.

(f)

Use of all buildings and structures as part of a Temporary Use Permit shall be in compliance with all applicable building code regulations.

(Ord. No. 1777, § 1, 1-12-16)

The following Temporary Use Permit Types are allowed in the listed zoning districts:

(a)

Itinerant Vendor—General Commercial (GC), Research and Development (R&D), and Office (O).

(b)

Mobile Food Vendor—General Commercial (GC), Research and Development (R&D), Office (O), Industrial (I), Planned Commercial (PC), Planned Industrial (PI), and Planned Residential (PR) on commercially designated parcels only.

(Ord. No. 1777, § 1, 1-12-16)