The purpose of this article is to provide for:

(a)

A planning commission to promote the orderly development of the town and its environs and to accomplish the objectives set out in Code of Virginia, § 15.2-2200, as amended;

(b)

A board of architectural review to administer certificates of appropriateness for the Historic Commercial Area Overlay District (H-1) created by the provisions of this appendix;

(c)

A board of zoning appeals to hear and decide on requests for variances from the provisions of this appendix, interpretations of the official zoning map where uncertainty exists, and appeals of decisions made in the administration or enforcement of this appendix; and

(d)

A zoning administrator to administer and enforce the provisions of this appendix.

For purposes of this division, the term "commission" shall mean the town planning commission as established by this division.

The town planning commission heretofore established by the town council, in accordance with [former] Chapter 2, article 6, section 2-68 through 2-75 [article V, division 2, sections 2-231-2-238] of the Code of Ordinances of the Town of Clifton Forge (1996), is hereby continued, and the six members thereof shall hold office until the expiration of the term for which they were appointed, or until they resign or are removed.

(a)

Qualifications, appointment, and terms.

(1)

The commission shall consist of six members, appointed by the town council to serve at large, all of whom shall be residents of the town and qualified by knowledge and experience to make decisions on questions of community growth and development, provided that at least three of the members so appointed shall be owners of real property.

(2)

Members of the commission shall serve terms of four years each.

(3)

Vacancies shall be filled by the appointment of town council for the unexpired term of any member whose term becomes vacant.

(b)

Removal of members.

(1)

Any member of the commission may be removed for malfeasance, misfeasance, or nonfeasance in office, or other just cause, by the town council, upon written charges and after public hearing.

(2)

Any member of the commission may be removed from office by the town council without limitation in the event that the commission member is absent from any three consecutive meetings of the commission, or is absent from any four meetings of the commission within any 12-month period.

State Law reference— Similar provisions, Code of Virginia, § 15.2-2212.

(a)

Generally. The commission shall be required to meet at least once each year.

(b)

Regular meetings. The commission shall, by resolution, fix the time for holding regular meetings.

(c)

Continued meetings. The commission, by resolution adopted at a regular meeting, may also fix the day or days to which any meeting shall be continued due to a determination that, due to weather or other conditions, it is hazardous for members to attend the meeting, subject to the requirements as set forth in Code of Virginia, § 15.2-2309.8, as amended.

(d)

Special meetings. Special meetings may be called by the chair or by two members upon written request to the secretary, pursuant to the notice requirements of Code of Virginia, § 15.2-2214, as amended.

State Law reference— Meetings, Code of Virginia, § 15.2-2214.

Four of the six members shall constitute a quorum and no action of the commission shall be valid unless authorized by a majority vote of those present and voting.

State Law reference— Quorum and voting, Code of Virginia, § 15.2-2215.

(a)

Officers. The commission shall elect from the appointed members a chair and vice chair, whose terms shall be for one year, with eligibility for re-election.

(b)

Secretary. The commission shall elect a secretary to the commission from the staff of the department of community development, whose term shall be for one year, with eligibility for re-election. As a non-member, the secretary shall not be entitled to vote on matters before the commission.

(c)

Staff support.

(1)

The department of community development shall provide technical and other services as the commission may require.

(2)

Upon request, all town officials shall furnish to the commission, within a reasonable time, such available information as may be required for carrying out its work, provided the furnishing of such information will not unduly interfere with such official's usual duties.

State Law reference— Officers, employees, etc., Code of Virginia, § 15.2-2217.

(a)

Rules. The commission shall adopt rules and forms for its procedures, consistent with the Charter and ordinances of the town and general laws of the state.

(b)

Minutes; records. The commission shall keep minutes of its proceedings and a record of its transactions, which shall be filed in the offices of the commission and the town clerk and shall be a public record.

(c)

Annual report. The commission shall submit a written annual report of its activities to the town council at the end of each calendar year.

(a)

Generally. The commission shall have the following powers and duties, in addition to those prescribed elsewhere in this Code and by state law, including those set out in Code of Virginia, § 15.2-2221, as amended:

(1)

Subdivision regulations. The commission shall make a study of the subdivision regulations of the town, as set forth in appendix A of this Code, and other town ordinances and state statutes of similar purpose and design, to assure the orderly subdivision of lands and their development within the town. From time to time, the commission shall prepare and recommend to the town council amendments to the subdivision regulations deemed essential to equitable and harmonious ordinances or in preservation of the town's comprehensive plan and amendments thereof.

(2)

Promotion of comprehensive plan. The commission shall promote public interest in and understanding of the town's comprehensive plan and, to that end, may publish and distribute copies of the comprehensive plan or of any report and employ other means of publicity and education as it may determine.

(3)

Capital improvement program. The commission may, and at the direction of the town council shall, prepare and revise annually a capital improvement program based on the town's comprehensive plan for a period not to exceed the ensuing five years. The commission shall submit the program annually to the town council or to the chief official charged with the preparation of the budget for the town. The capital improvement program shall include the commission's recommendations and estimates of cost of the facilities and life cycle costs and the means of financing them.

(4)

Historical landmarks. The commission may control, preserve, and care for all historical landmarks now owned or hereafter acquired by the town; control the design and location of statuary and other works of art which are or become the property of the town; and provide for the removal, relocation, and alteration of any such works belonging to the town. Where appropriate by the delineated powers and duties of division 2 of this article entitled "board of architectural review," and the regulations of the Historic Commercial Area Overlay District (H-1), such control, preservation, and care by the commission for historical landmarks owned by the town shall not infringe on the duties and powers of the board of architectural review as set out in this appendix.

(5)

Public structures and improvements. The commission shall make recommendations to the town council concerning the following public structures and improvements:

(A)

The design of public streets on new, widened, or reconstructed rights-of-way;

(B)

The design of new public parks and open spaces, or renovations to existing public parks and open spaces or park facilities;

(C)

The design of new public buildings, including site and architectural plans, or exterior renovations to existing public buildings involving additions or other site improvements;

(D)

The establishment of design guidelines for public rights-of-way, including lighting fixtures, landscaping, street name and directional signs, benches, and other similar appurtenances.

(b)

Comprehensive plan.

(1)

The commission shall prepare and recommend a comprehensive plan for the physical development of the town in accordance with the requirements of Code of Virginia, § 15.2-2223, as amended.

(2)

In the preparation of a comprehensive plan, the commission shall conduct such surveys and studies as are required by Code of Virginia, § 15.2-2224, as amended.

(3)

The commission shall recommend to the town council the adoption of or the amendment of the comprehensive plan, or parts thereof, in conformance with the procedural requirements set out in Code of Virginia, § 15.2-2225, as amended.

(4)

Whenever the commission recommends a comprehensive plan, or part thereof, and such plan has been approved and adopted by the town council, it shall control the general or approximate location, character, and extent of each feature, including any road improvement and any transportation improvement, shown on the plan according to Code of Virginia, § 15.2-2232, as amended.

(c)

Zoning ordinance and map amendments.

(1)

The commission may initiate, by motion, an amendment to this appendix, including any provision of this appendix or the official zoning map, pursuant to the procedures set forth in sections 9-50 and 9-51 [of this appendix].

(2)

The commission shall review, evaluate, report, and make recommendations to the town council regarding any proposed amendment of any regulation or district boundary provided by this appendix, pursuant to the procedures of sections 9-50 and 9-51 [of this appendix].

(d)

Conditional use permits. The commission shall review, evaluate, report, and make recommendations to the town council regarding any application for a conditional use permit, pursuant to the procedures set forth in article 9, division 6 [of this appendix].

(e)

Right of entry. The commission, its members, officers, and employees, in the performance of their functions, may enter upon any land in the town and make examinations and surveys and place and maintain necessary monuments and markers thereon.

State Law reference— Powers and duties, Code of Virginia, § 15.2-2221.

For purposes of this division, the term "board" shall mean the board of architectural review as established by this division.

The board of architectural review heretofore established for the town is hereby continued, and the five members thereof shall hold office until the expiration of the term for which they were appointed, or until they resign or are removed, pursuant to [Code of Virginia,] § 15.2-2306.A.1 which provides that a governing body may provide for a review board to administer the ordinance which sets forth historic landmarks and other buildings having important historic or architectural interest as defined by Code of Virginia, § 15.2-2201, as amended.

(a)

Qualifications, appointments, and terms.

(1)

The board shall consist of five members, appointed by the town council, all of whom shall be residents of the town, except that one of the appointed five members may be an owner and operator of a business in the Historic Commercial Area Overlay District who is not a resident of the town. In making an appointment, [the] town council shall consider the appointee's interest or competence in, or knowledge of, historic preservation and the history of the town.

(2)

Members of the board shall serve terms of four years each.

(3)

Vacancies shall be filled by [the] town council for the unexpired term of any member whose term becomes vacant.

(b)

Removal of members. Any member of the board may be removed for malfeasance, misfeasance, or nonfeasance in office, or other just cause, by the town council, upon written charges and after public hearing.

The board shall hold at least one regular meeting each month, provided it need not meet if no applications are pending for review. Special meetings of the board may be called by the chair or as determined by the board.

Three of the five members of the board shall constitute a quorum and no action of the board shall be valid unless authorized by a majority vote of those members present and voting.

(a)

Officers. The board shall elect from the appointed members a chair and vice chair, whose terms shall be for one year, with eligibility for re-election.

(b)

Secretary. The board shall elect a secretary to the board from the staff of the department of community development, whose term shall be for one year, with eligibility for re-election. As a non-member, the secretary shall not be entitled to vote on matters before the board.

(c)

Staff support. The department of community development shall provide technical and other services as the board may require.

(a)

Rules. The board shall adopt rules and forms for its procedures, consistent with the Charter and ordinances of the town and general laws of the state.

(b)

Minutes; records. The board shall keep minutes of its proceedings and a record of its transactions, which shall be filed in the offices of the board and the town clerk and shall be a public record.

(c)

Annual report. The board shall submit a written annual report of its activities to the town council at the end of each calendar year.

The board shall review, evaluate, and act upon applications for certificates of appropriateness within the Historic Commercial Area Overlay District (H-1), pursuant to the procedures set forth in article 9, division 4 [of this appendix]. These evaluations and actions include:

(a)

To pass upon the appropriateness of exterior architectural features of buildings and structures, including signs and other exterior fixtures, hereafter constructed, reconstructed, altered, or restored in the Historic Commercial Area Overlay District (H-1); and

(b)

To pass upon any requests for certificates of occupancy that may be referred to the board and any requests for approval to raze, demolish, or move historic landmarks, buildings, or structures within the Historic Commercial Area Overlay District (H-1).

Decisions of the board of architectural review may be appealed to the town council as provided in section 9-44 [of this appendix].

For purposes of this division, the term "board" shall mean the board of zoning appeals as established by this division.

The board of zoning appeals, heretofore established pursuant to Code of Virginia, § 15.2-2308, as amended, is hereby continued, and the five members thereof shall hold office until the expiration of the term for which they were appointed, or until they resign or are removed.

(a)

Qualifications, appointment, and terms.

(1)

The board shall consist of five members, appointed by the circuit court, all of whom shall be residents of the town. Members of the board shall hold no other public office in the town; however, one may be a member of the town planning commission.

(2)

Members of the board shall serve terms of five years each, with the term of one member expiring per year pursuant to Code of Virginia, § 15.2-2308.A, as amended.

(A)

A member whose term expires shall continue to serve until his successor is appointed and qualifies.

(B)

Members may be reappointed to succeed themselves.

(3)

Vacancies shall be filled by the circuit court for the unexpired term of any member whose term becomes vacant.

(4)

The secretary of the board shall notify the circuit 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.

(b)

Removal of members. Any member of the board may be removed for malfeasance, misfeasance, or nonfeasance in office, or other just cause, by the circuit court, upon written charges and after public hearing, pursuant to Code of Virginia, § 15.2-2308.D, as amended.

(a)

The board shall, by resolution, fix a schedule of regular meetings, provided it need not meet if there are no applications pending for review. The board may also fix the day or days to which any meeting shall be continued due to a determination that, due to weather or other conditions, it is hazardous for members to attend the meeting, subject to the requirements as set forth in Code of Virginia, § 15.2-2309(8), as amended.

(b)

The board shall fix a reasonable time for the hearing of an application or appeal, provided that a decision on such application or appeal shall be made within 90 days of the filing of the application or appeal.

(c)

Special meetings of the board shall be held at the call of its chair or at such times as a quorum of the board may determine.

(a)

Quorum. Three of the five members of the board shall constitute a quorum.

(b)

Vote. The concurring vote of three members of the board shall be required to reverse upon appeal any order, requirement, decision, or determination made by the zoning administrator or other administrative officer in the administration or enforcement of this appendix, or to authorize any variance from the terms of this appendix.

(a)

Officers. The board shall elect from its membership a chair and vice chair, whose terms shall be for one year, with eligibility for re-election.

(b)

Secretary. The board shall elect a secretary to the board from the staff of the department of community development, whose term shall be for one year, with eligibility for re-election. As a non-member, the secretary shall not be entitled to vote on matters before the board.

(c)

Staff support. The zoning administrator shall provide technical and other services as the board may require.

(a)

Rules. The board shall adopt rules and forms for its procedures, consistent with the Charter and ordinances of the town and general laws of the state.

(b)

Minutes; records. The board shall keep minutes of its proceedings and a record of its transactions, which shall be filed in the offices of the board and the town clerk and shall be a public record.

(c)

Annual report. The board shall submit a written annual report of its activities to the town council at the end of each calendar year.

(a)

Appeals to the board. The board shall have the power to hear and decide appeals from any order, requirement, decision, or determination made by the zoning administrator or any other administrative officer in the administration or enforcement of this appendix, pursuant to the procedures and standards set forth in section 9-71 [of this appendix].

(b)

Variances. The board shall have the power to authorize variances from the terms of this appendix, upon appeal or original application in specific cases, pursuant to the procedures and standards set forth in section 9-70 [of this appendix].

(c)

Interpretation of official zoning map. The board shall have the power to hear and decide applications for interpretation of the official zoning map, where there is any uncertainty as to the location of a district boundary, pursuant to Code of Virginia, § 15.2-2309.4, as amended. Rules for interpretation of zoning district boundaries are set forth in section 3-4 [of this appendix]. After public notice and hearing as required generally for board proceedings, the board may interpret the map in such a way as to carry out the intent and purpose of this appendix for the particular section or district in question. The board shall not, however, have the power to rezone property or to change substantially the locations of district boundaries as established by ordinance.

(d)

Limitation of power. In carrying out its powers and duties expressly conferred by statute, the board shall not have the power to base its decisions on the merits of the purpose and intent of this appendix or other local ordinances duly adopted by the town council.

Decisions of the board of zoning appeals may be appealed to the circuit court as provided in section 9-72 [of this appendix].

The provisions of this appendix shall be administered and enforced by the zoning administrator or designee authorized to act on the zoning administrator's behalf. The zoning administrator shall be appointed by the town council.

(a)

Interpretation of ordinance. The zoning administrator is authorized to render interpretations of the provisions of this appendix, including interpretations of use and use types and the permissibility of uses and density. Such interpretations shall be in writing and are subject to section 9-82(a) [of this appendix].

(b)

Administration and enforcement of ordinance. The zoning administrator shall have all necessary authority on behalf of the town council to administer and enforce this appendix. The zoning administrator may report any noncompliance with this appendix to the town attorney, with the request for appropriate action at law to ensure or obtain compliance with this appendix. The authority of the zoning administrator shall include:

(1)

Ordering in writing the remedying of any condition found in violation of this appendix;

(2)

Insuring compliance with the provisions of this appendix, bringing legal action, including injunction, abatement, or other appropriate action or proceeding subject to appeal pursuant to section 9-71 [of this appendix]; and

(3)

In specific cases, making findings of fact, and with concurrence of the town attorney, conclusions of law regarding determinations of vested rights accruing under section 1-8 [of this appendix].

(c)

Modifications. The zoning administrator shall have the authority to grant a modification from any provision of this appendix with respect to physical requirements on a lot, including but not limited to size, height, location, or features of or related to any building, structure, or improvements, pursuant to the procedures and standards set forth below.

(1)

Prior to the granting of a modification, the zoning administrator shall give, or require the applicant to give, all adjoining property owners written notice of the request for modification, and an opportunity to respond to the request within 21 days of the date of the notice.

(2)

The zoning administrator shall make a decision on an application for modification and issue a written decision within 45 days of the request for modification, with a copy provided to the applicant and any adjoining property owner who responded in writing to the notice sent pursuant to subsection (c)(1) of this section.

(3)

The zoning administrator shall authorize a modification only if the zoning administrator finds in writing all three of the following:

(A)

That the strict application of this appendix would produce undue hardship relating to the property;

(B)

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

(C)

That the authorization of such modification will not be of substantial detriment to adjacent property and that the character of the zoning district will not be changed by the granting of the modification.

Any decision of the zoning administrator shall constitute a decision within the purview of section 9-71 [of this appendix], and may be appealed to the board of zoning appeals as provided by that section. Decisions of the board of zoning appeals may be appealed to the circuit court as provided by section 9-72 [of this appendix].