(1-1)

General enforcement. This ordinance shall be administered and enforced by an officer to be known as the zoning administrator who shall be appointed by the city manager of Covington. The zoning administrator shall have all necessary authority on behalf of the city to administer and enforce the zoning ordinance, including the ordering in writing of the remedying of any condition found in violation of this ordinance, and the bringing of legal action to ensure compliance with the ordinance, including injunction, abatement or other appropriate action or proceeding. The zoning administrator shall be guided in all of his actions pursuant to this ordinance by the purposes, intent and spirit of this ordinance and the standards set forth in article I of this ordinance. The zoning administrator may be assisted in the enforcement of this ordinance by the health officer, chief of police and all other officials of Covington, Virginia, pursuant to their respective fields.

(1-2)

Duties. The zoning administrator shall order the discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to ensure compliance with or to prevent violation of its provisions.

(Ord. No. O-20-14, 6-14-2022)

(2-1)

Building and zoning permits—General. No permitted principal or accessory building or structure or use, or buildings, structures and uses permissible by special exception or special use, shall be constructed, reconstructed, moved, added to or structurally altered or otherwise allowed without a permit issued by the building inspector and approved by the zoning administrator. No building and zoning permit shall be issued except in conformity with the provisions of this ordinance, unless the building inspector receives a written order from the board of zoning appeals and zoning administrator in the form of an administrative review, special exception or variance as provided by this ordinance.

(2-2)

Building and zoning permits—Procedure:

(2-2.1)

General. All applications for building permits shall be in accordance with the procedures of the Uniform Statewide Building Code; however, additional information will be required for the zoning permit as described on the application form provided by the zoning administrator.

(2-2.2)

Forms and information required. An application for a zoning permit shall be made to the zoning administrator on forms to be provided by the zoning administrator who shall require and be furnished with all such plans and documents as may be required to determine whether the proposed structure and facilities will be in compliance with the provisions of this ordinance. Each such application for a zoning permit shall be accompanied by the following items or as much thereof as the zoning administrator deems pertinent, and such additional information as the zoning administrator may require as being pertinent:

(A)

Certificate from the health official that the proposed location meets the requirements of the health department from the standpoint of water supply and sewage disposal, or where a public water and/or sewerage system is involved, a statement from the director of public works that all applicable regulations and requirements have been complied with.

(B)

A grading permit, as required by the erosion and sedimentation ordinance (Chapter 13 of this Code of Ordinances).

(C)

The intended use.

(D)

If a dwelling, the number of families or housekeeping units.

(E)

A plot plan signed by the applicant, drawn to scale, showing dimensions of the structure with respect to property lines and public highways; and streets provided, no part of which is to be located less than the setback distance from any property line or right-of-way of any public highway or street.

(F)

Number, size, location and lighting of signs, if any.

(G)

Off-street parking and other facilities.

(2-2.3)

Zoning permit required. A zoning permit is required in all cases where a building permit is required.

(2-2.4)

Structures in violation. No zoning permit shall be issued where it appears that the structure to be constructed or the use contemplated would be in violation of the provisions of this ordinance or any other applicable law, ordinance or regulations. The issuance of such zoning permit, however, shall not afford protection to any owner who is found to be violating this or any other applicable law, ordinance or regulation.

(2-2.5)

Issuance of zoning permit. If it appears that the proposed structure and use of land or structure is in conformity with the provisions of this ordinance, a zoning permit shall be issued to the applicant by the zoning administrator.

(A)

Certificate. Whenever a zoning permit is issued, the zoning administrator shall also furnish the applicant with a certificate indicating that the said zoning permit has been issued and is valid for the period stipulated herein. The applicant shall thereupon deliver said certificate to the building inspector.

(B)

Time limits. Any zoning permit issued shall conform to the time limits set forth by the building inspector in the building permit.

(2-2.6)

Changes previously approved. Any change in the plans, construction, size, or designated use of any building, structure, or part thereof for which a zoning permit has been granted before this ordinance becomes effective may be required if approved by the permit holder.

(2-2.7)

Lots previously platted. Residential lots platted before enactment of this ordinance must obtain a zoning permit before construction of structures may begin. Such lots need not meet area regulations if they are able to satisfy frontage and side yard regulations for the district in which they are located.

(2-2.8)

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

(3-1)

General. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure, until a certificate of zoning compliance shall have been issued by the administrative official, stating that the proposed use of the building or land conforms to the requirements of this ordinance.

(3-2)

Nonconforming structures and uses. No nonconforming structure or use shall be maintained, renewed, changed, or extended until a certificate of zoning compliance shall have been issued by the administrative official. The certificate of zoning compliance shall state specifically wherein the nonconforming use differs from the provisions of this ordinance, provided, that upon enactment or amendment of this ordinance, owners or occupants of nonconforming uses or structures shall have three months to apply for certificates of zoning compliance. Failure to make such application within one year shall be presumptive evidence that the property was a nonconforming use at the time of enactment or amendment of this ordinance. This subsection shall be administered in conformity with, and governed by, the provisions of Code of Virginia, § 15.2-2307.

(3-3)

Relation to building permits. No permit for erection, alteration, moving or repair of any building shall be issued until an application has been made for a certificate of zoning compliance, and the certificate shall be issued in conformity with the provisions of this ordinance upon completion of the work.

(3-4)

Temporary certificates. A temporary certificate of zoning compliance may be issued by the administrative official for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public.

(3-5)

Administrator. The administrative official shall maintain a record of all certificates of zoning compliance, and a copy shall be furnished upon request of any person.

(3-6)

Violation. Failure to obtain a certificate of zoning compliance shall be a violation of this ordinance and punishable under article XXII of this ordinance.

(Ord. No. O-20-14, 6-14-2022)

Building permits or certificates of zoning compliance issued on the basis of plans and applications approved by the administrative official authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement and construction at variance with that authorized use shall be deemed a violation of this ordinance and punishable as provided under article XXII thereof.

(5-1)

General. No street, park, or other public area, or public structure, or public utility, public building, or public service corporation other than railroads, whether publicly or privately owned, shall be constructed, established or authorized, unless and until the general location or approximate location, character and extent thereof has been submitted to and approved by the planning commission as being substantially in accord with the adopted comprehensive plan or part thereof. In connection with any such determination, the commission may, and at the direction of council shall, hold a public hearing, after notice as required by Code of Virginia, § 15.2-2204.

(5-2)

Approval by council. The commission shall communicate its findings to the city council indicating its approval or disapproval with written reasons therefor. The council may overrule the action of the commission by a vote of a majority of the membership thereof. Failure of the commission to act within 60 days of such submission, unless such time shall be extended by the council, shall be deemed approval when the commission notifies the owner or owners of their agents by certified mail. In case of disapproval, the owner or owners or their agents may appeal the decision of the commission to the council within ten days after the decision of the commission. The appeal shall be by written petition to the council setting forth the reasons for the appeal. A majority vote of the council shall overrule the commission.

(5-3)

Streets and public areas. Widening, narrowing, extension, enlargement, vacation or change of use of streets or public areas shall likewise be submitted for approval, but paving repair, reconstruction, improvement, drainage, or similar work and normal service extensions of public utilities or public service corporations shall not require approval, unless involving a change in location or extent of a street or public area.

(5-4)

Zoning administrator action. The zoning administrator shall issue a commission permit following approval by the planning commission. Said approval shall be subject to ratification by city council pursuant to provisions of Code of Virginia, § 15.2-2232; provided, however, that failure of the council to act within 60 days of the date of transmittal of approving action of the commission shall constitute ratification.

(Ord. No. O-20-14, 6-14-2022)

A special exception is a conditional use that is permitted within a use district after review and recommendation by the commission and approval by the city council. The city council hereby reserves unto itself the right to issue such special exception permits.

Wherever a use of structure is listed either as a permissible use or is listed as a special exception, application shall be made to the zoning administrator who shall refer said application to the planning commission. Procedures and standards for determinations affecting permissible uses or structures and special exceptions shall be as provided in the district regulations and section 8 of this article.

A use not provided for is a use that is not included within the text of the permitted district uses. Because of their nature and anticipated city impact, these uses require a review by the commission and governing body before approval is granted. Uses not provided for can be treated either as special uses which require a special use permit or as zoning amendments. Conditions specified for approval shall be defined by the city council as necessary elements to carry out the intent of this ordinance. The city council hereby reserves unto itself the right to approve or disapprove uses not provided for.

(8-1)

Special exceptions and special use (use not provided for) requests will be reviewed by the commission upon referral by the zoning administrator. The final determination of the request will be made by the city council after the following procedure is completed:

(8-1.1)

A written application for a special exception or use not provided for shall be submitted indicating the section of this ordinance under which the special exception or use not provided for is sought and stating the grounds on which it is requested.

(8-1.2)

Notice shall be given at least 15 days in advance of public hearing. The owner of the property for which special exception or use not provided for is sought, or his agent, shall be notified by mail. Notice of such hearings shall be printed in a newspaper or general circulation, in accordance with Code of Virginia, § 15.2-2204.

(8-1.3)

A public hearing shall be held. Any party may appear in person, or by agent or attorney.

(8-1.4)

The commission shall make a recommendation on the subject use after a public hearing is held.

(8-2)

Before any special exception shall be allowed and any special use permit issued, the city council shall make written findings certifying compliance with the specific rules governing individual special exceptions and that satisfactory provision and arrangement has been made concerning the following, where applicable:

(8-2.1)

Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.

(8-2.2)

Off-street parking and loading areas where required, with particular attention to the items in subsection (8.2-1) above and economic, noise, glare or odor effects of the special exception or special use on adjoining properties and properties generally in the district.

(8-2.3)

Refuse and service areas, with particular reference to the items in subsections (8-2.1) and (8-2.2).

(8-2.4)

Utilities, with reference to locations, availability and compatibility.

(8-2.5)

Screening and buffering with reference to type, dimensions and character.

(8-2.6)

Signs, if any, and proposed exterior lighting with reference to glare, traffic, safety, economic effect and compatibility and harmony with properties in the district.

(8-2.7)

Required yards and other open space.

(8-2.8)

General compatibility with adjacent properties and other property in the district.

(8-2.9)

The time allowed for permits.

(Ord. No. O-06-38, 12-12-2006; Ord. No. O-18-12, 12-11-2018; Ord. No. O-20-14, 6-14-2022)

(9-1)

Rezoning requests will be submitted to the zoning administrator on the required form and referred to the planning commission for its review and recommendation. The final determination on the rezoning request will be made by the city council after the following procedure is completed:

(9-1.1)

The written request for rezoning shall be submitted to the planning commission by the zoning administrator.

(9-1.2)

Notice shall be given of the required public hearing in accordance with the requirements of Code of Virginia, § 15.2-2204. Adjacent property owners and the applicant shall be notified in writing as to the rezoning request and public hearing date.

(9-1.3)

A public hearing shall be held by the planning commission. If requested, the zoning administrator may make a report and recommendation to the planning commission on the subject request. Other parties may appear in person and present their views.

(9-1.4)

The commission shall make a recommendation to the city council on the rezoning request after the public hearing is held.

(9-1.5)

The city council shall then hold its own public hearing in conformity with all notice requirements under Code of Virginia, § 15.2-2204, and make the final determination on the rezoning request.

(Ord. No. O-20-14, 6-14-2022)

(10-1)

Fees as allowed by Code of Virginia, § 15.2-2286. For administrative review and processing of zoning permits, certificates of occupancy, site plans, rezoning requests, special exceptions, uses not provided for (special uses), amendments, public hearing advertising, variances and nonconforming uses shall be as set forth in the Covington Uniform Fee Schedule.

(Ord. No. O-83-8, 7-12-1983; Ord. No. O-20-14, 6-14-2022)