The town manager of the town, or his successor in office, and so long as the position is filled, shall be and is hereby designated as the zoning administrator and is in all respects charged with the enforcement and administration of this zoning ordinance.

(Ord. of 2-12-1979, § 9(9A1))

(a)

General duties. It shall be the duty of the zoning administrator to enforce this ordinance. The zoning administrator shall receive applications required by this ordinance, issue permits, and furnish the prescribed Certificates of Occupancy.

(b)

Inspections. The zoning administrator shall examine the premises for which permits have been issued, and shall make necessary inspections to see that the provisions of this ordinance are being complied with.

(c)

Adopt rules. For carrying into effect its provisions, the zoning administrator may adopt rules consistent with this ordinance.

(d)

Enforcement. For the purpose of enforcing compliance with the law, the zoning administrator shall issue such notices or orders as may be necessary. He may request and shall receive so far as may be necessary in the discharge of his duties, the assistance and cooperation of the Chatham Police Department in enforcing orders and of the Town Attorney in prosecuting violations.

(e)

Records. The zoning administrator shall keep records of applications, of permits issued, of certificates issued, of inspections made, of reports rendered, and of notices issued; and he shall retain them for reasonable public inspection.

(f)

Examine applications.

(1)

It shall be the duty of the zoning administrator to examine applications for zoning permits within a reasonable time after filing. If, after examination of:

a.

Drawings of the size and shape of the parcel of land on which the proposed building is to be constructed;

b.

The nature of the proposed use of the building or land; and

c.

The location of such building or use with respect to property line of the parcel of land and to the right-of-way or any street which the administrator may deem necessary for consideration of the application;

no objection to the same is found and it appears that the proposed work will be in compliance with the laws and ordinances applicable thereto, such application shall be approved, and a zoning permit for the proposed work shall be issued as soon as practicable.

(2)

If the examination reveals otherwise, the application will be rejected and a report noting the findings will be attached to the application and a copy will be delivered to the applicant. Every permit issued by the zoning administrator under the provisions of this ordinance shall have the signature of the zoning administrator affixed thereto.

(Ord. of 2-12-1979, § 9(9A2); Ord. of 8-13-1990, § 9(9A2))

(a)

Zoning building permits required to build. It shall not be lawful to construct, to alter, or to commence the construction or alteration of a building or structure without first filing in writing an application and obtaining a formal zoning permit from the zoning administrator and a building permit from the building inspector if such construction or alteration involves any of the following:

(1)

Any change or addition in wiring.

(2)

Any change or addition in plumbing.

(3)

Any change or addition in an entrance or an exit.

(4)

Any removal of a weight-bearing wall.

(5)

The erection of an addition to a building.

(6)

The erection of a new building that is 100 square feet or more in size.

(7)

The erection or alteration of any building regardless of size that requires changes or additions in its plumbing or wiring.

All construction and alteration must comply with the Virginia Uniform Statewide Building Code.

(b)

Zoning building permits required to demolish. It shall not be lawful to remove or to demolish, or to commence the removal or demolition of any building or structure which is 100 square feet or more in size without first filing in writing an application and obtaining a formal zoning permit from the zoning administrator and a building permit from the building inspector.

(c)

Applications.

(1)

An application for a zoning permit shall be submitted in such form as the zoning administrator may prescribe.

(2)

Such application shall be made by the owner or lessee, or agent of either, or the architect, engineer, or builder employed in connection with the proposed work.

(3)

Such application shall be in writing and shall contain the full names and addresses of the applicant and of the owner; and, if the owner is a corporate body, it shall contain the full names and addresses of the responsible officers.

(4)

Such application shall describe briefly the proposed work and shall give such additional information, including estimated costs thereof, as may be required by the zoning administrator for an intelligent understanding of the proposed work.

(5)

Applications for zoning permits shall be accompanied by such drawings of the proposed work, drawn to scale, including floor plans, sections, elevations, and structural details as the zoning administrator may require.

(d)

Plot diagram. There shall be filed a plot diagram in a form and size suitable for filing permanently with the zoning permit record, drawn to scale, showing accurately the size and exact location of all proposed new construction, or, in the case of demolition of such construction that is to be demolished, and of all existing buildings and structures that are to remain.

(e)

Amendments. Nothing in this section shall prohibit the filing of amendments to an application or to a plan or other record accompanying same, at any time before the completion of the work for which the permit is sought. Such amendments, after approval, shall be filed with and be deemed a part of the original application.

(f)

Examination of applications. The zoning administrator shall examine applications for zoning permits within a reasonable length of time after filing. He shall examine:

(1)

Drawings of the size and shape of the parcel of land on which the proposed building is to be constructed;

(2)

The nature of the proposed use of the building or land;

(3)

The location of such building or use with respect to property lines of the parcel of land and to the right of way or any street which the Administrator may deem necessary for consideration of the application to determine whether or not the proposed work will be in compliance with the laws and ordinances applicable thereto and therefore eligible for the issuance of a zoning permit.

In issuing a zoning permit for the restoration of an historic building, the zoning administrator must take into account section 2B of this ordinance and any reasonable exceptions to the strict zoning requirements to allow for restoration as long as such reasonable exceptions will not adversely affect adjoining property.

(g)

Validity of zoning permits. Nothing in this ordinance shall require changes in the plans, construction, or designated use of a building for which a lawful zoning permit has been heretofore issued or which has been otherwise lawfully authorized, and the construction of which shall have been actually begun within 90 days after this ordinance becomes effective and which entire building shall be completed, as authorized, within two years thereafter.

(h)

Early approval. Nothing in this section shall be construed to prevent the zoning administrator from issuing a zoning permit for the construction of part of a building or structure before the entire plans and detailed statements of said building or structure have been submitted or approved if adequate plans and detailed statement have been presented for the same and have been found to comply with this ordinance.

(i)

Conditions of the zoning permit.

(1)

All work performed under a zoning permit issued by the zoning administrator shall conform to the approved application and plans and approved amendments thereof.

(2)

The location of all new construction as shown on the approved plot diagram or an approved amendment thereof shall be strictly adhered to.

(3)

It shall be unlawful to reduce or diminish the area of a lot or plot of which a plot diagram has been filed and has been used as the basis for a permit unless a revised plot diagram showing the proposed change in conditions shall have been filed and approved; provided that this shall not apply when the lot is reduced by reason of a street opening or widening or other public improvement.

(4)

Every permit issued by the zoning administrator under the provisions of this ordinance shall have his signature affixed hereto.

(5)

A zoning permit under which no work is commenced within six months after issuance shall expire by limitation.

(6)

A copy of the zoning permit shall be kept on the premises open to public inspection during the prosecution of the work and until the completion of the same.

(7)

The zoning administrator may revoke a permit or approval issued under the provisions of this ordinance in any case where there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based.

(Ord. of 2-12-1979, § 9(9A3); Ord. of 8-13-1990, § (9A3))

No land shall be used or occupied and no building hereafter structurally altered or erected shall be used or changed in use until a Certificate of Occupancy shall have been issued by the zoning administrator or the County building inspector stating that the building or the proposed use thereof or the use of the land complies with the provisions of this chapter. A like Certificate of Occupancy shall be issued for the purpose of maintaining an existing non-conforming use. A Certificate of Occupancy either for the whole or part of a building shall be applied for coincidentally with the application for a zoning permit and shall be issued within ten days after the erection or structural alteration of such building or part shall have been completed in conformity with the provisions of this chapter. Every certificate of occupancy shall state that the new occupancy complies with all provisions of this ordinance.

(Ord. of 2-12-1979, § 9(9A4))

In case any building or structure is erected, constructed, reconstructed, altered, repaired or converted, or any building structure or land is used in the violation of this ordinance, the proper authorities of the Town, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, and to restrain, correct, or abate such violation to prevent the occupancy of such building, structure or land, or to prevent any illegal act, conduct, business, or use in or about such premises.

(Ord. of 2-12-1979, § 9(9A5))

(a)

Membership. The Board of Zoning Appeals as presently constituted shall continue in office until its successors are duly appointed and qualified. The Board shall consist of five residents of the town appointed by the Circuit Court of the County of Pittsylvania. Any board member may be removed for malfeasance, misfeasance, or non-feasance in office or for other just cause by the court which appointed him after a hearing held after at least 15 days' notice.

(b)

Terms of office. The term of office shall be for five years except that original appointments shall be made for such terms that the term of one member shall expire each year. The secretary of the board or the clerk of the council of the town shall notify the court at least 30 days in advance of the expiration of any term of office, and shall also notify the court promptly if any vacancy occurs. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members may be reappointed to succeed themselves. Members of the board shall hold no other public office in the town except that one may be a member of the local planning or zoning commission. A member whose term expires shall continue to serve until his successor is appointed and qualifies.

(c)

Officers. The board shall elect from its own membership its officers who shall serve annual terms as such and may succeed themselves.

(d)

Official procedures. 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. The board may make, alter, and rescind rules and forms for its procedures, consistent with ordinances of Pittsylvania County, the town, and general laws of the Commonwealth. The board shall keep a full public record of its proceedings and shall submit a report of its activities to the town council at least once a year.

(e)

Compensation. Within the limits of funds appropriated by the town council, the Board may employ or contract for secretaries, clerks, legal council, consultants, and other technical and clerical services. Members of the board may receive such compensation as may be authorized by the town council.

(Ord. of 2-12-1979, § 9(9B1))

The Board of Zoning Appeals shall have the following powers and duties:

(1)

Appeals. 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 or amendment. (See Section 9B5.)

(2)

Special Use Permits. To approve the issuance of a Special Use Permit as described in Section 9B3.

(3)

Variances. To authorize upon appeal in specific cases such variances from the terms of the ordinances 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 per Section 9B4.

(4)

Conditional Use Permits. To hear and decide upon request for such Conditional Use Permits as may be authorized in the ordinance. The Board may impose such conditions (see Section 9B5) relating to the use for which a permit is sought 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. No such Conditional Use Permit may be granted except after notice and hearing as provided by 15.2-431 of the Code of Virginia 1950.

(5)

Interpretation of Zoning Map. To hear and decide applications for the interpretation of the Zoning may where there is any uncertainty as to the location of a district boundary. After notice to the owners of the property affected by any such question and after public hearing with notice as required by said section 15.2-431 of the Code of Virginia of 1950, as amended, the Board may interpret the map in such a way as to carry out the intent and purpose of the ordinance for the particular section or district in question. The Board shall not have the power, however, to rezone property or substantially to change the locations of district boundaries as established by ordinance.

(Ord. of 2-12-1979, § 9(9B2))

(a)

The Board of Zoning Appeals may, subject to Council's right to reconsider the issuance or denial, issue a Special Use Permit for Business Districts and authorize the erection and location within a Business Zone of any structures or uses set forth on the following list, which would otherwise be excluded from such Zone:

(1)

Any usage permitted by Special Use Permit as provided in subsection (b)(1) through (19) of this section;

(2)

An equine treatment facility.

The procedures for application, consideration and determination of the issuance or denial of such Special Use Permit shall be as set forth in this section 9B3 and governed by the provisions of §§ 15.2-2286A(3), 15.2-2309(6) and 15.2-2310 et seq. of the Code of Virginia of 1950, as amended.

(b)

The Board of Zoning Appeals may approve the issuance of a Special Use Permit and authorize the erection and location of any of the following structures or uses in a district from which they are otherwise prohibited by Title 4 of the code [this appendix]:

(1)

Hospitals;

(2)

Professional offices and home businesses;

(3)

Retail food stores;

(4)

Drug stores;

(5)

Convenience stores;

(6)

Bakeries;

(7)

Grocery stores;

(8)

Department stores;

(9)

Furniture stores;

(10)

Antique stores;

(11)

Barber and beauty shops;

(12)

Theaters;

(13)

Variety stores;

(14)

Radio, TV sales and service;

(15)

Public or private kindergartens, pre-kindergartens, or play schools;

(16)

Nursing or convalescent homes;

(17)

Funeral homes;

(18)

Laundry and cleaners;

(19)

Off-street parking to accommodate any of the aforesaid buildings or uses;

(20)

Modular homes, pre-fabricated structures or "double-wide mobile homes" within A-1.1 zoning only;

(21)

Nursing homes, assisted living facilities, and associated support services such as offices for physicians, pharmacies, radiologists, physical therapists; and

(22)

Support services associated with nursing homes and assisted living facilities, such as offices for physicians, pharmacies, radiologists, physical therapists.

(c)

In authorizing a Special Use permit, the board may also require a Conditional Use Permit in accordance with Section 9B5 imposing such conditions regarding the locations, 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 insure that the conditions imposed are being and will continue to be complied with.

(d)

Any property owner, tenant, government official, department, board, or bureau may make applications for Special Use Permits. Such application shall be made to the zoning administrator in accordance with such rules as may be adopted by the Board. The application and any accompanying maps, plans, or other information shall be transmitted promptly to the secretary of the Board, who shall set the matter for hearing. No such special use shall be authorized except after notice and hearing as required by § 15.2-431 of the Code of Virginia 1950. The zoning administrator shall also transmit a copy of the application to the local planning commission, which may send a recommendation to the Board or appear as a party at the hearing.

(e)

If the Board of Zoning Appeals, by the concurring vote of three or more of its members, shall find that the purpose or use for which a Special Use Permit is sought will not:

(1)

Adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use; and

(2)

Will not be detrimental to the public welfare or injurious to property or improvements in the neighborhood,

the Board may approve the issuance of a Special Use Permit, and said Board will report its findings in writing to the Council, which shall, at its next regular meeting and after public notice as required by law, consider the report of the Board and grant the Special Use Permit, or not, as the council shall determine. The Council may at the same time impose such conditions as set by the Board or modify them or impose such conditions as it deems best.

(f)

No Special Use Permit 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.

(Ord. of 2-12-1979, § 9(9B3); Ord. of 5-9-1994, § 3; Ord. of 2-23-1999, § 3; Ord. of 8-7-2005, § 4; Ord. of 4-7-2008, § 1)

(a)

When a property owner can show that his 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 condition 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, the Board may authorize a Variance.

(b)

No such Variance shall be authorized by the Board unless it finds:

(1)

That the strict application of the ordinance would produce undue hardship; and

(2)

That such hardship is not shared generally b other properties in the same zoning district and the same vicinity; and

(3)

That the character of the district will not be changed by the granting of the variance.

(c)

No such Variance shall be authorized except after notice and hearing as required by § 15.2-431 of the Code of Virginia 1950.

(d)

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.

(e)

In authorizing a Variance, the Board 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 insure that the conditions imposed are being and will continue to be complied with. Reasonable conditions may include those listed in Section 9B5 below.

(Ord. of 2-12-1979, § 9(9B4))

(a)

Where permitted or required by this chapter, the town council may issue a Conditional Use Permit and make such permits subject to such conditions as the town council deems necessary to carry out the intent of this chapter. The town council my, by appropriate resolution, delegate the authority to set conditions to the Board of Zoning Appeals or, as specified in this ordinance in Section 8C(a) and Section 10B(c), to the planning commission.

(b)

In determining conditions to be imposed, the Council shall take into consideration the intent of this captor and may impose reasonable conditions that:

(1)

Abate or restrict noise, smoke, dust, water run-off, land erosion, or other elements that may affect surrounding property.

(2)

Establish minimum setback, side, and front yard requirements necessary for orderly expansion and to prevent traffic congestion.

(3)

Provide for adequate parking and ingress and egress to public streets and roads.

(4)

Provide adjoining property with a buffer or shield from view of the proposed use, if such use is considered to be detrimental to adjoining property.

(5)

Tend to prevent such use from changing the character and established pattern of development in the community.

(c)

If the Council shall find that the use for which a conditional use permit is sought will not adversely affect the health or safety of the persons residing or working in the neighborhood of the proposed use and will not be detrimental to the public welfare or injurious to property or improvements in the neighborhood; and that such use will be in accord with the purposes of this chapter and the comprehensive plan of the town of Chatham, it shall issue the Conditional Use Permit; provided that all other provisions of law and ordinance shall have been complied with. If the Council shall find that the proposed use will run contrary to any of the above considerations, it shall deny the permit.

(d)

The Council may require a guarantee or bond to insure that the conditions imposed are being and will continue to be complied with.

(Ord. of 2-12-1979, § 9(9B5))

(a)

An appeal to the Board may be taken by any person aggrieved or by any officer, department, board, or bureau of the t own of Chatham, or by any person residing in or owning real estate within 300 feet of any proposed line of the real estate for which a special permit is approved, affected by any decision of the zoning administrator. Such appeal shall be taken within 30 days after the decision appealed from by filing with the zoning administrator, and with the Board, a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from is taken. An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the Board that, by reason of facts 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, on application and on notice to the Zoning Administrator and for good cause shown.

(b)

The Board shall fix a reasonable time for the hearing of an application or appeal, give public notice thereof as well as due notice to the parties in interest and decide the same within 60 days. In exercising its powers the Board may reverse or affirm, wholly or in part, or may modify the order, requirement, decision, or determination of an administrative officer or to decide in favor of the applicant on any matter upon which it is required to pass under the ordinance or to effect any Variance from the ordinance. The board shall keep minutes of its proceedings and other official actions which shall be filed in the office of the board and shall be public record. The Chairman of the board, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses.

(Ord. of 2-12-1979, § 9(9B6))