801.01

Appointment. The zoning administrator shall be appointed by and shall serve at the pleasure of the City of Buena Vista City Council which shall fix the compensation of the zoning administrator.

801.02

Powers and duties relating to zoning. The zoning administrator is authorized and empowered on behalf of and in the name of the Buena Vista City Council to administer and enforce the provisions set forth herein to include receiving applications, inspecting premises, issuing zoning permits and certificates of occupancy for uses and structures which are in conformance with the provisions of this ordinance. The zoning administrator shall have all necessary authority on behalf of the Buena Vista City Council to administer and enforce this ordinance, including the ordering, in writing, the remedy for any condition found in violation of this ordinance, and the bringing of legal actions, including injunction, abatement, or other appropriate action or proceeding, to insure compliance with this ordinance. The zoning administrator does not have the authority to take final action on applications or matters involving variances nor on conditional uses or other special exemptions, on which final action is reserved to the board of zoning appeals or governing body.

801.02-1

The zoning administrator does not have the authority to take final action on applications or matters involving variances.

801.02-2

Powers and duties relating to modifications. The zoning administrator shall have the authority to make a decision on the application for modification. The decision of the zoning administrator shall constitute a decision within the purview of Code of Virginia, § 15.2-2311, appeals to the zoning board. and may be appealed to the board of zoning appeals as provided by that section. The zoning administrator shall respond within ninety days of a request for a decision or determination on zoning matters within the scope of his authority unless the requester has agreed to a longer period.

(Ord. of 5-10-2008)

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

802.01

Issuance and display. The zoning administrator shall issue a zoning permit for any permitted use or structural alteration, provided such proposed use of land or structure, or structural alteration, is in conformance with the provisions set forth herein.

802.02

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

802.02-1

An application for a zoning permit for a permitted use shall be accompanied by two copies of an acceptable site plan with such reasonable information shown thereon as shall be required by the zoning administrator. Such site plan shall include, as a minimum, the following: lot dimensions with property line monuments located thereon; location and size of existing and proposed structures; yard dimensions and the use of structures; easements (private and public); watercourses; fences; street names and street right-of-way lines; and such other information regarding abutting property as directly affects, the application;

802.02-2

Each application for a zoning permit, upon issuance of the permit, shall be accompanied by payment of a fee;

802.02-3

If the proposed use or construction described in the application required by [sub]section 802.02-1 [of this section] are in conformity with the provisions set forth herein and other appropriate codes and regulations of the City of Buena Vista, including but not limited to the required:

(1)

Health department approval of septic tank system;

(2)

Highway department entrance permit;

(3)

Flood insurance, floodplain ordinance;

(4)

Erosion and sediment control ordinance plan;

The zoning administrator shall sign and return one copy of the site plan to the applicant and shall issue a zoning permit. The zoning administrator shall retain the application and one copy of the site plan for his records;

802.02-4

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

802.03

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

802.03-1

An application shall be accompanied by two copies of an acceptable site plan drawn in accordance with applicable provisions of [this] section 802.00 of this ordinance, with such reasonable information shown thereon as may be required by the zoning administrator. Such site plan shall include, as a minimum, the following: the dimensions with property line monuments located thereon; location and size of existing and proposed structures; yard dimensions and the use of structures; easements (private and public); watercourses, fences, street names and street right-of-way lines; and such other information regarding abutting property as directly affects the application.

802.03-2

Each application for a zoning permit for a conditional use or other special exception shall be accompanied by payment of a fee as set forth in article 10 to help defray the cost of publicizing and conducting the public hearing;

802.03-3

The application shall be sent to the commission for review and recommendation, and said commission shall have 60 days within which to submit a report. If the commission fails to submit a report within a 60-day period, it shall be deemed to have approved the proposed conditional use;

802.03-4

The governing body shall consider the proposed conditional use or other special exception after notice and public hearing in accordance with Code of Virginia, § 15.2-2204, 1950, as amended, and shall take action on the proposed conditional use within 30 days from the date of the public hearing;

802.03-5

In evaluating the proposed conditional use or other special exception, the governing body shall address the following concerns:

(a)

The provision of adequate public services including streets and other trafficways, utilities, and emergency services;

(b)

The current and future need for the proposed use in the City of Buena Vista; and

(c)

The character of the existing neighborhood and the effect of the proposed use or special exception on existing property values;

802.03-6

Conditions set forth in [subsection] article 802.03-5 [of this section] for the various conditional uses are minimum. In approving a proposed conditional use or other special exception, the governing body may stipulate such additional requirements as are necessary to protect the public interest. The governing body may require the applicant to furnish a performance bond in an amount sufficient for and conditioned upon the fulfilling of any and all conditions and requirements stipulated by the governing body;

802.03-7

If the governing body approves the application for a zoning permit for a proposed conditional use, the zoning administrator shall issue a conditional use permit, indicating the conditional nature of the use;

802.03-8

If the governing body disapproves the application for a zoning permit for a conditional use or other special exception, the governing body shall inform the applicant of the decision in writing within 30 days from the date of the public hearing, stating the reasons for disapproval. The zoning administrator shall retain one copy of the site plan and one copy of the refusal, and shall keep them as a public record;

802.03-9

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

802.03-10

A conditional use permit must be put into effect one year after the date the permit is issued, unless otherwise provided in the permit itself;

802.03-11

Renewal of a conditional use permit does not require a public hearing unless the original conditions in the permit are changed, however notice of the renewal will be shown on the agenda of the city council;

802.04

Application procedures for ordinance or map amendment. The Buena Vista City Council may from time to time, amend these regulations or district maps whenever the public necessity, convenience, general welfare, or good zoning practice require. Any resolution or motion by the governing body or planning commission proposing the rezoning shall state the above public purposes therefor.

802.04-1

Applications for amendments initiate by any person, firm, or corporation owning the subject property shall be submitted in writing to the zoning administrator and shall be accompanied by two copies of an acceptable site plan, where applicable, of the proposed amendment with such reasonable information shown thereon as shall be required by the zoning administrator. Where site plans are required, they shall show, as a minimum, the following: lot dimensions with property line monuments located thereon; location and size of existing and proposed structures; yard dimensions and the use of structures; easements (private and public) watercourses, fences; street names and street right-of-way lines; and such other information regarding abutting property as directly affects the application. Proposals for amendments not initiated by either the commission or the city council shall be accompanied by payment of a fee as set forth in article 10.

802.04-2

The commission shall consider the proposed amendment after notice and public hearing in accordance with Code of Virginia, § 15.2-2204, as amended. The commission shall then present the proposed amendment along with site plans and explanatory materials, where applicable, to the city council with its recommendations. If the commission fails to submit its recommendations within 60 days of the first meeting of the commission after the proposed amendment has been referred to it, the commission shall be deemed to have approved the proposed amendment.

802.04-3

The Buena Vista City Council shall consider the proposed amendment after notice and public bearing in accordance with Code of Virginia, § 15.2-2200, 1950, as amended, and shall take action on the proposed amendment within 30 days from the date of the public hearing. The city council and the commission may hold a joint public hearing in accordance with Code of Virginia, § 15.2-2204;

802.04-4

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

802.04-5

No more than one application for any amendment affecting a specific parcel of land may be initiated during any single 12-month period.

802.05

Procedures for proffering conditions to zoning district regulations.

802.05-1

Intent. The intent of this section is to provide (pursuant to Code of Virginia, §§ 15.2-2296 through 15.2-2303, 1950, as amended) to the zoning district regulations or the zoning district map;

802.05-2

Proffer of conditions. An owner may proffer reasonable conditions, in addition to the regulations established elsewhere in this ordinance, as part of an amendment to the zoning district regulations or the zoning district map. The proffered conditions shall be in writing and shall be made prior to the public hearing before the city council. In addition:

(a)

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

(b)

The conditions proffered shall have a reasonable relation to the rezoning.

(c)

The conditions proffered shall not include a cash contribution to the city.

802.05-3

Expiration. Any zoning permit shall automatically expire six months from the date of issuance if the person, firm, or corporation to which the permit has issued has not clearly demonstrated that the permit is being exercised for the purpose for which it was issued, or if the work so authorized is suspended or discontinued for a period of one year.

(Ord. of 5-10-2008; Ord. No. 21-10, Exh. A, 7-15-2021)

Certificates of occupancy shall be issued by the zoning administrator in accordance with the following provisions:

803.01

Certificate of occupancy required. A certificate of occupancy shall be required in advance of occupancy or use of:

803.01-1

A building hereafter erected;

803.01-2

A building hereafter altered so as to affect height, or the side, front, or rear yard dimensions;

803.01-3

A change of type of occupancy or use of any building or premises.

803.02

Issuance of certificate of occupancy. The zoning administrator shall sign and issue a certificate of occupancy, as stated on the application for such certificate and signed thereto by the owner or his appointed agent, is found to conform to the applicable provisions set forth herein and if the building, as finally constructed, complies with the sketch or plan submitted for the zoning and building permit.

803.03

Denial of certificate of occupancy. A certificate of occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provision set forth herein.

The board of zoning appeals shall consist of five members who shall be appointed by the Circuit Court of Buena Vista.

804.01

Initial appointment. The initial appointment of the board shall be as follows: One member for one year; one member for two years; one member for three years; one member for four years; and one member for five years.

804.02

Terms of office. Appointments shall be for five years each. The secretary of the board of zoning appeals shall notify the circuit court at least 30 days in advance of the expiration of any term of office. A member whose term expires shall continue to serve until his successor is appointed.

804.03

Public offices held. No member shall hold any public office except that one member shall be a member of the commission.

804.04

Compensation. Members of the board may receive such compensation as may be authorized by the governing body.

804.05

Support. Within the limits of funds appropriated by the governing body, the board of zoning appeals may employ or contract for secretaries, clerks, legal council, consultants, and other technical and clerical services.

804.06

Vacancies. Appointments for vacancies occurring otherwise than by expiration of term shall in all cases be for the unexpired term. Members shall be removable for cause by the circuit court upon written charges and after hearing held after at least 15 days' notice.

The board shall observe the following procedure:

805.01

Said board shall adopt rules in accordance with the provisions of this ordinance and consistent with other ordinances of the City of Buena Vista and general laws of the commonwealth for the conduct of its affairs.

805.02

Said board shall elect a chairman, vice-chairman and secretary from its own membership who shall serve annual terms as such and may succeed themselves.

805.03

Said board will keep a full public record of its proceedings and shall submit a report of its activities to the city council at least once each year.

805.04

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

805.05

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

805.06

The meetings of said board shall be held at the call of the chairman and at such other times is a chairman of said board may determine.

805.07

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

805.08

A quorum shall be at least three members.

805.09

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

The board of zoning appeals shall have the following duties and powers:

806.01

To hear and decide appeals from any order, requirement, decision, or determination made by an administrative officer in the administration or enforcement of the ordinance.

806.02

To authorize upon original application in specific cases, such variance from the terms of the ordinance as will not be contrary to the public interest, when, owing to special conditions a literal enforcement of the provisions will result in unnecessary hardship; provided that the spirit of the ordinance shall be observed and substantial justice done as follows:

806.02-1

When a property owner can show that this property was acquired in good faith and where by reason of the exceptional narrowness, shallowness, size or shape of a specific piece of property at the time of the effective date of the ordinance, or where by reason of exceptional topographic conditions or other extraordinary situation or conditions of such piece of property, or of the use or development of property immediately adjacent thereto, the strict application of the terms of the ordinance would effectively prohibit or unreasonably restrict the use of the property or where the board is satisfied, upon the evidence heard by it, that the granting of such variance will alleviate a clearly demonstrable hardship approaching confiscation, as distinguished from a special privilege or convenience sought by the applicant, provided that all variances shall be in harmony with the intended spirit and purpose of the ordinance;

806.02-2

No such variance shall be authorized by the board unless it finds that:

(1)

The strict application of the ordinance would produce undue hardship;

(2)

Such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and

(3)

The authorization of such variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variation;

806.02-3

No such variance shall be authorized except after notice and hearing as required by Code of Virginia, § 15.2-2204, 1950, as amended;

806.02-4

No variance shall be authorized unless the board finds that the condition or situation of the property concerned or the intended use of the property 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;

806.02-5

In authorizing a variance, the board may impose such conditions regarding the location, character, and other features of the proposed structure for use as it may deem necessary in the public interest, and may require a guarantee or bond to insure that the conditions imposed are being and will continue to be complied with.

806.03

To hear and decide applications for special exceptions for issuance of a special use permit as are authorized in this ordinance. In considering an application for a special exception, the board of zoning appeals shall apply the standards set forth in the sections of this ordinance authorizing such special exception.

Applications for variances from this ordinance or for special exceptions for which this ordinance provides may be made by any property owner, tenant, governmental official, department, board, or bureau.

807.01

Application. Application shall be made to the zoning administrator. The applications for a variance or for a special exception shall be accompanied by such reasonable information as may be required by the zoning administrator. Any application for a variance shall include, as a minimum, the following: lot dimensions with property line monuments located thereon; locations and size of existing and proposed structures; yard dimensions and the use of structures; easements (private and public); watercourses; fences; road names and road right-of-way lines; and such other information regarding abutting property as directly affects the applications. The applications and any accompanying maps, plans, or other information shall be transmitted promptly to the secretary of the board. The zoning administrator shall also transmit a copy of the application and materials to the local commission which may send a recommendation to the board within 30 days or appears as a party to the hearing.

807.02

Posting and land. The zoning administrator shall cause to have posted in a conspicuous place on the property in question one or more signs, each of which shall not be less that six square feet in area, shall contain the telephone number or address of an office in the City of Buena Vista from which information regarding the application may be obtained; and the cost of each shall be paid by the applicant prior to the public hearing. These signs shall be posted at least 15 days prior to the public hearing. Neither the holding of any public hearing nor the validity of any action on an application or an appeal, shall be affected by the unauthorized removal of any sign duly posted in accordance with this section.

807.03

Hearing and action. The secretary shall place the matter on the docket to be acted upon by the board. No such variance or special exception shall be authorized except after notice and hearing as required by Code of Virginia, § 15.2-2204, 1950, as amended. The board shall decide same within 30 days from the date of such hearing.

807.04

Limitation of hearings. A property owner, or his appointed agent, shall not initiate action for a hearing before the board relating to the same parcel of land more often than once every 12 months without specific approval of the board.

807.05

Withdrawal of application. Any petition for a hearing before [the] board may be withdrawn prior to action thereon, by said board at the discretion of the person, firm or corporation initiating such request upon written notice to the secretary of said board.

807.06

Fee. Each application for a variance or special exception shall be accompanied by payment of a feeling as set forth in article 10 to help defray the cost of publicizing and conducting the public hearing. Upon withdrawal of an application, the fee required will be refunded provided no expenditures have been made for publicizing or conducting the public hearing at the time the notice is received.

(Ord. of 4-10-2008)

Requests for a hearing before the board of zoning appeals for an administrative review shall observe the following procedures:

808.01

An appeal to the board may be taken by any person aggrieved by, or by any officer, department, board, or bureau of the City of Buena Vista affected by, any decision of the zoning administrator within 30 days after the decision.

808.02

Application for appeal shall be submitted to the zoning administrator who shall refer the application to the board, such applications shall specify the grounds for appeal.

808.03

The zoning administrator shall forthwith transmit to the board all of the papers constituting the record upon which the action being appealed was taken.

808.04

An appeal shall stay all proceedings in furtherance of the action being appealed unless the zoning administrator certifies to the board that by reason of acts stated in the certificate, a stay would in his opinion 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, and on notice to the zoning administrator and for good cause shown.

808.05

The Board shall fix a reasonable time for the hearing of appeals; the board shall consider appeals after notice and hearing as required by Code of Virginia, § 15.2-2204, 1950, as amended, and decide the same within 30 days from the date of such public hearing.

808.06

In exercising the powers granted the board in section 806.00 of this ordinance, the said board may, in conformity with the provisions of this ordinance, reverse or affirm, wholly or in part, or may modify the order, requirements, decisions, or determination of the zoning administrator, and to that end shall have all the powers of the zoning administrator and may issue or direct the issuance of a zoning and building permit.

808.07

Any application for appeal before the board may be withdrawn prior to action hereon by said board at the discretion of the person, firm, or corporation initiating such a request upon written notice to the secretary of said board.

808.08

Each application for an appeal shall be accompanied by payment of a fee as set forth in article 10 to help defray the cost of publicizing and conducting the public hearing. Upon withdrawal of an application, the fee required will be refunded provided no expenditures have been made for publicizing or conducting the public hearing at the time the notice is received.

(Ord. of 4-10-2008)

809.01

Any person or persons jointly or severally aggrieved by any decision of the board, or any taxpayer or any officer, department, board, or bureau of Buena Vista may present to the circuit court of Buena Vista a petition specifying the grounds on which aggrieved within 30 days after the filing of the decision in the office of the board.

809.02

Upon the presentation of such petition, the court shall allow a writ of certiorari to review the decision of the board and shall prescribe therein the time within which a return thereto must be made and served upon the aggrieved attorney, which shall not be less than ten days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision being appealed, but the court may, on application, on notice to the board, and on due cause shown, grant a restraining order.

809.03

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

809.04

If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a commissioner to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly, or in part, or may modify the decision brought up for review.

809.05

Costs shall not be allowed against the board, unless it shall appear to the court that it acted in bad faith or with malice in making the decision being appealed.

810.01

Subdivision ordinance administrator. The subdivision administrator shall be appointed by and shall serve at the pleasure of the Buena Vista City Council which shall fix the compensation of the administrator.

810.02

Powers and duties relative to subdivision administration. The subdivision administrator is authorized and empowered on behalf of and in the name of the Buena Vista City Council to administer and enforce the provisions set forth in article 9 of these regulations, other pertinent provisions, and Code of Virginia, § 15.2-2240 et seq., 1950, as amended. The administrator may call for opinions or decisions, either verbal or written, from other departments in considering details of any submitted plat. This authority, by the agent, shall have particular reference to the resident highway engineer and the health official.

810.03

Subdivision administration process. Figure 2 outlines the administrative process followed under the provisions of the subdivision regulations found in article 9.