This section establishes the duties and responsibilities for the zoning administrator and other officials and agencies, with respect to the administration of this chapter. The zoning administrator and/or designee may be referred to hereafter as "the code official."

(1)

Zoning administrator. This chapter shall be enforced by the zoning administrator who is appointed by the town council. Compensation for such shall be fixed by resolution of the town council.

(2)

Deputies. The code official may appoint such number of technical officers and other employees as shall be authorized from time to time as may be necessary to carry out the functions of this chapter.

(3)

Reviews and approvals. The code official shall be authorized to undertake reviews, make recommendations and grant approvals as set forth in this chapter.

(4)

Comprehensive plan. The code official shall assist the planning commission in the development and implementation of the comprehensive plan.

(5)

Administrative reviews and permits.

a.

Review of zoning permits. All applications for zoning permits and amendments thereto shall be submitted to the code official for review and approval prior to permit issuance. Each application shall include a set of building plans, if applicable, and all data necessary to show that the requirements of this chapter are met.

b.

Site plan reviews. The code official shall receive all applications for site plan review and review for completeness and prepare submittals for review by the appropriate body when required.

c.

Conditional use permits and variances. The code official shall receive all applications for conditional uses and variances or other plans as shall be permitted or approved as required by this chapter, review for completeness and prepare submittals for review by the appropriate body when required.

d.

Amendments. All requests for amendments or changes to the comprehensive plan or this chapter or the zoning map shall be submitted to the zoning administrator for processing.

(6)

Interpretations. The interpretation and application of the provisions of this chapter shall be by the zoning administrator. An appeal of an interpretation by the zoning administrator shall be submitted to the board of zoning appeals, which, unless otherwise provided, is authorized to interpret this chapter, and such interpretation shall be considered final unless appealed to the circuit court. Uses are permitted within the various zones as described in this chapter and as otherwise provided in this chapter. It is recognized that all possible uses and variations of uses which might arise cannot reasonably be listed or categorized. Mixed uses/sites or any use not specifically mentioned or about which there is any question shall be administratively classified by comparison with other uses identified in the zones described in this chapter. If the proposed use resembles identified uses in terms of intensity and character, and is consistent with the purpose of this chapter and the individual zone classifications, it shall be considered as a permitted/nonpermitted use within a general zone classification, subject to the regulations for the use it most nearly resembles. If a use does not resemble other identified allowable uses within a zone, it may be permitted as determined by the hearing bodies in public hearings as an amendment to this chapter pursuant to section 74-6.

(7)

Liability. The code official, or designee, charged with the enforcement of this chapter, acting in good faith and without malice in the discharge of the duties described in this chapter, shall not be personally liable for any damage that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. A suit brought against the code official or employee because such act or omission performed by the code official or employee in the enforcement of any provision of such codes or other pertinent laws or ordinances implemented through the enforcement of this chapter or enforced by the enforcement agency shall be defended by the town until final termination of such proceedings, and any judgment resulting therefrom shall be assumed by the town. This chapter shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building or parcel of land for any damages to persons or property caused by defects, nor shall the enforcement agency or its jurisdiction be held as assuming any such liability by reason of the reviews or permits issued under this chapter.

(8)

Cooperation of other officials and officers. The code official may request, and shall receive so far as is required in the discharge of the duties described in this chapter, the assistance and cooperation of other officials of the town.

(Ord. of 6-26-2000, § 20-10)

Lawfully established buildings and uses in existence at the time of the adoption of the ordinance from which this chapter is derived or deemed to be a vested right under State statute shall be permitted to have their existing use or occupancy continued, provided such continued use is in compliance with the Uniform Statewide Building Code and is not dangerous to life.

(1)

Alterations or repairs. Alterations or repairs shall be permitted to be made to any building or use without requiring the existing building or use to comply with the requirements of this chapter, provided the alteration or repair conforms to the requirements of the Uniform Statewide Building Code.

(2)

Maintenance. All buildings or uses, both existing and new, and all parts thereof, shall be maintained in accordance with the Uniform Statewide Building Code. The owner or designated agent shall be responsible for the maintenance of buildings and parcels of land. To determine compliance with this section, the zoning administrator shall be permitted to cause any structure or use to be inspected.

(3)

Moved and temporary buildings, structures, and uses. Buildings or structures moved into or within the jurisdictions shall comply with the provisions of this chapter for new buildings and structures. Temporary buildings, structures, and uses such as reviewing stands and other miscellaneous structures, sheds, canopies or fences used for the protection of the public shall be permitted to be erected, provided a special approval is received from the zoning administrator for a limited period of time. Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in the permit.

(4)

Illegal uses. Uses which were illegally established prior to the adoption of the ordinance from which this chapter is derived shall remain illegal.

(Ord. of 6-26-2000, § 20-15; Ord. of 5-9-2011)

(a)

Conformance. Upon adoption of this chapter by the town council, no use, building or structure, whether publicly or privately owned, shall be constructed or authorized until the location and extent thereof conform to such ordinance.

(b)

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

(Ord. of 6-26-2000, § 20-20)

(a)

Continuance. Except as otherwise required by law, a building, structure or use legally established prior to the adoption date of this chapter or deemed to be a vested right under State statute may be maintained in their then structural condition. Any building or structure which does not comply with the Uniform Statewide Code shall be brought into compliance with that provision. In other than criminal proceedings, the owner, occupant or users shall have the burden to show that the structure, lot or use was lawfully established.

(b)

Discontinuance.

(1)

Vacancy. Any lot or structure, or portion thereof, occupied by a nonconforming use, which is or hereafter becomes vacant and remains unoccupied by a nonconforming use for a period of two years shall not thereafter be occupied, except by a use which conforms to this chapter.

(2)

Damage. If such building or structure is damaged or destroyed by a natural disaster or other act of God as defined in the state statutes, the owner thereof may repair, rebuild or replace such building or structure to eliminate or reduce the nonconforming features to the extent possible. If such building or structure is damaged greater than 50 percent and cannot be repaired, rebuilt or replaced except to restore it to its original nonconforming condition, the owner shall have the right to do so.

(c)

Improvements, repairs and modifications.

(1)

Maintenance and repair. Maintenance, repair and structural alteration shall be permitted to be made to nonconforming buildings and structures or to a building or structure housing a nonconforming use with a valid permit and in conformance with the Uniform Statewide Building Code.

(2)

Changes of nonconforming use. A change of use of a nonconforming use of a structure or parcel of land shall not be made except to that of a conforming use. For such changes made, the use shall not thereafter be changed back to a nonconforming use.

(3)

Addition. All additions to nonconforming buildings or structures by which the square footage of such building or structure is increased shall conform to the requirements of this chapter. Additions to buildings or structures housing nonconforming uses that increase the area square footage of a nonconforming use shall not be made except in conformance with the requirements of this chapter.

(d)

Abandoned nonconforming signs. 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 years. Following the expiration of the two-year period, any abandoned nonconforming sign shall be removed by the owner of the property in which the sign is located, if notified by the town to do so. If, following such two-year period, the town has made a reasonable attempt to notify the property owner, the town through its own agent or employees may enter the property upon which the sign is located and remove any such sign whenever the owner has refused or failed to do so. The cost of such removal shall be chargeable to the owner of the property.

(Ord. of 6-26-2000, § 20-35; Ord. of 5-9-2011)

All departments, officials and employees which are charged with the duty or authority to issue permits or approvals shall issue no permit or approval for uses or purposes where the uses or purposes would be in conflict with this chapter. Any permit or approval, if issued in conflict with this chapter, shall be null and void.

(Ord. of 6-26-2000, § 20-25(intro.))

Buildings or structures shall be started, reconstructed, enlarged or altered only after a zoning permit has been obtained from the code official. A zoning permit cannot be issued unless the lot or parcel for which the zoning permit is obtained abuts an improved street or highway.

(Ord. of 6-26-2000, § 20-25(a))

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

(Ord. of 6-26-2000, § 20-25(b))

Each application for a zoning permit shall be accompanied by a site plan, if applicable, showing the lot lines of the site, existing and/or proposed easements, the location of any building or use, and right-of-way of the improved street or highway adjoining the parcel of land. Any other information which the code official may deem necessary for consideration of the application may be required. If the proposed building or use is in conformity with the provisions of this chapter, a permit shall be issued to the applicant by the code official.

(Ord. of 6-26-2000, § 20-25(c))

Zoning permits issued under this section are valid for one year after the start of the work date. Work must begin within 180 days of issuance of the zoning permit. Zoning permits are nontransferable.

(Ord. of 6-26-2000, § 20-25(d))

Each license, permit or approval issued shall expire after 180 days if no work is undertaken or such use or activity is not established, unless a different time of issuance of the license or permit is allowed in this chapter, or unless an extension is granted by the issuing agent prior to expiration.

(Ord. of 6-26-2000, § 20-25(e))

Failure to comply fully with the terms of any permit, license or approval shall be grounds for cancellation or revocation. Action to cancel any license, permit or approval shall be taken on proper grounds by the code official. Cancellation of a permit or approval by the planning commission, town council, or board of zoning appeals may be appealed in the same manner as its original action.

(Ord. of 6-26-2000, § 20-25(f))

For the issuance of any license, permit or approval for which the planning commission, town council, or board of zoning appeals is responsible, the code official shall require that the development or use in question proceed only in accordance with the terms of such license, permit or approval, including any requirements or conditions established as a condition of issuance. Except as specifically provided for in this chapter and conditions of approval, the securing of one required review or approval shall not exempt the recipient from the necessity of securing any other required reviews or approvals.

(Ord. of 6-26-2000, § 20-25(g))

A fee for services shall be charged. All fees shall be set by the town council and schedules shall be available at the office of the zoning administrator and the town clerk.

(Ord. of 6-26-2000, § 20-25(h))

Land may be used or occupied and buildings structurally altered or erected may be used or changed in use only after a certificate of occupancy has been issued by the county building inspector's office. The certificate of occupancy shall be issued after the erection or structural alteration of such building or part has conformed with the provisions of this chapter and the Virginia Uniform Statewide Building Code (USBC).

(Ord. of 6-26-2000, § 20-30)

The principal objective of this chapter is to provide for an orderly arrangement of compatible buildings and land use, and for the proper location of all types of uses required for the social and economic welfare of the community. To accomplish this objective, each type and kind of use is classified as permitted in one or more of the various use districts established by this chapter. However, in addition to those uses specifically classified and permitted in each district, there are certain additional uses which it may be necessary to allow because of the unusual characteristics of the service they provide the public. These conditional uses require particular considerations as to their proper location to adjacent, established or intended uses, or to the planned growth of the community. The conditions controlling the locations and operation of such special uses are established by the applicable sections of this chapter.

(Ord. of 6-26-2000, § 20-40(intro.))

A conditional use permit shall be obtained for certain uses which may be harmonious under special conditions and in specific locations within a zone, but shall not be allowed under the general conditions of the zone as stated in this chapter. The location of hotels, motels, mobile home parks, commercial amusement parks, hospitals, airports, repetitive helicopter landings and departures on the same parcel of land, borrow pits, hog farms, sanitary fill method garbage refuse sites, adult oriented businesses, tattoo parlors, fortune tellers, massage parlors, methadone clinics, other opiate treatment facilities to include, but not limited to, suboxone clinics, pawnshops, tall buildings or structures, payday loan institutions, title loan institutions, amusement arcades and electronic game rooms, bars, clubs, lounges, tobacco, smoke, or vape shops, stadiums, and other permitted uses shall require, in addition to the zoning permit and certificate of occupancy, a conditional use permit. These permits shall be subject to such conditions as the town council, upon recommendation of the planning commission, deems necessary to carry out the intent of this chapter.

(Ord. of 6-26-2000, § 20-40(a); Ord. of 2-25-2008(3); Ord. of 3-23-2009; Ord. of 11-8-2010; Ord. of 1-22-2013; Ord. of 10-27-2014; Ord. of 11-28-2023(1); Ord. of 1-23-2024(1); Ord. of 11-19-2024(1))

All conditional use permit applications shall be submitted to the zoning administrator as provided in this chapter. All applications shall be accompanied by maps, drawings, statements or other documents in accordance with the provisions of division 3 of this article. An appropriate fee shall be collected at the time of submittal as determined by the town council.

Anyone who does not change a plan once they have been denied, when applying for a conditional use permit, will not be allowed to reapply for a conditional use permit.

(Ord. of 6-26-2000, § 20-40(b); Ord. of 11-14-2005(3))

Prior to the approval, amending or denial of a conditional use permit, a public hearing shall be held in accordance with the provisions of section 74-6.

(Ord. of 6-26-2000, § 20-40(c))

The planning commission and town council, shall have the authority to impose conditions and safeguards as deemed necessary to protect and enhance the health, safety and welfare of the surrounding area. The authorization of a conditional use permit shall not be made unless the evidence presented is such to establish:

(1)

That such use will not, under the specific circumstances of the particular case, be detrimental to the health, safety or general welfare of the surrounding area and that the proposed use is necessary or desirable and provides a service or facility that contributes to the general well being of the surrounding area.

(2)

That such use will comply with the regulations and conditions specified in this chapter for such use.

(3)

That the planning commission and town council shall itemize, describe or justify, then have recorded and filed in writing in both the town council minutes and the circuit court, the conditions imposed on the use.

(Ord. of 6-26-2000, § 20-40(d))

A guarantee or bond may be required to ensure that the conditions imposed are being and will continue to be complied with.

(Ord. of 6-26-2000, § 20-40(e))

(a)

Generally. Any granted conditional use permit shall become null and void within one year of the date of approval if not exercised. A conditional use permit shall be considered exercised when the use has been established or when a building permit has been issued and substantial construction accomplished. If such permit is abandoned or discontinued for a period of one year, it may not be reestablished unless authorized by the planning commission and town council on appeal.

(b)

Revocation. A conditional use permit may be revoked if the applicant fails to comply with the imposed conditions by the planning commission and town council.

(Ord. of 6-26-2000, § 20-40(f))

An amendment to an approved conditional use permit shall be submitted to the zoning administrator accompanied by supporting information. The planning commission and town council shall review the amendment and shall be permitted to grant, deny or amend such amendment and impose conditions deemed necessary.

(Ord. of 6-26-2000, § 20-40(g))

A request for a conditional use shall be permitted to be approved, approved with conditions or denied. Each request for a conditional use approval shall be consistent with the criteria listed as follows:

(1)

The request is consistent with all applicable provisions of the comprehensive plan.

(2)

The request shall not adversely affect adjacent properties.

(3)

The request is compatible with the existing or allowable uses of adjacent properties.

(4)

The request can demonstrate adequate public facilities, including roads, drainage, potable water, sanitary sewer, and police and fire protection exist or will exist to serve the requested use at the time such facilities are needed.

(5)

The request can demonstrate adequate provision for maintenance of the use and associated structures.

(6)

The request has minimized, to the degree possible, adverse affects on the natural environment.

(7)

The request will not create undue traffic congestion.

(8)

The request will not adversely affect the public health, safety or welfare.

(9)

The request conforms to all applicable provisions of this chapter.

(Ord. of 6-26-2000, § 20-40(h))

If in any district established under this chapter a use is not specifically permitted and an application is made by a property owner to the zoning administrator for such use, the zoning administrator shall refer the application to the planning commission, which shall make its recommendation to the town council within 30 days. If the recommendation of the planning commission is approved by the town council, this chapter shall be amended to list the use as a permitted use in that district, henceforth.

(Ord. of 6-26-2000, § 20-45)