(a)

General enforcement. This chapter shall be administered and enforced by an officer to be known as the zoning administrator who shall be appointed by the board of supervisors. The zoning administrator shall have all necessary authority on behalf of the board of supervisors to administer and enforce this chapter, including the ordering in writing of the remedying of any condition found in violation of this chapter, and the bringing of legal action to ensure compliance with this chapter, including injunction, abatement, or other appropriate action or proceeding. The zoning administrator shall be guided in all of his actions pursuant to this chapter by the purposes, intent, and spirit of this chapter and the standards set forth in section 58-6. The zoning administrator may be assisted in the enforcement of this chapter by the health officer, sheriff, building inspector and all other officials of the county, pursuant to their respective fields.

(b)

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

(Ord. No. 09-01, 3-5-2009)

(a)

Number, appointment, compensation, and filling of vacancies. A board consisting of five residents of the county shall be appointed by the circuit court of the county. The board shall serve without pay other than for travel expense. Appointments for vacancies occurring otherwise than by expiration of term shall in all cases be for the unexpired term.

(b)

Term of office. The term of office shall be for five years, except that of the first five members appointed, one shall serve for five years, one for four years, one for three years, and one for two years, and one for one year. One of the five members may be an active member of the planning commission.

(c)

Removal. Members may be removed for malfeasance, or nonfeasance in office, or for other just cause, by the appointing authority upon written charges and after a public hearing.

(d)

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

(e)

Officers. The board shall choose annually its own chairman and vice-chairman who shall act in the absence of the chairman.

(Ord. No. 09-01, 3-5-2009)

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

(1)

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

(2)

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

(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 or of the use or development of property immediately adjacent thereto, the strict application of the terms of this chapter would effectively prohibit or unreasonably restrict the use of 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 application, provided that all variances shall be in harmony with the intended spirit and purpose of this chapter.

(b)

No such variance shall be authorized by the board unless it finds that the strict application of this chapter would produce undue hardship, that such hardship is not shared generally by other properties in the same zoning district and the same vicinity, and that 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 variance.

(c)

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

(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 be adopted as an amendment to this chapter.

(e)

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

(3)

To hear and decide appeals from the decision of the zoning administrator after notice and hearing as provided by Code of Virginia, § 15.2-2204. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first-class mail rather than by registered or certified mail.

(4)

To hear and decide applications for interpretation of the district map where there is any uncertainty as to the location of a district boundary. After notice to the owners of the property affected by the question, and after public hearing with notice as required by Code of Virginia, § 15.2-2204, the board may interpret the map in such way as to carry out the intent and purpose of the ordinance for the particular section or district in question. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first-class mail rather than by registered or certified mail. The board shall not have the power to change substantially the locations of district boundaries as established by ordinance.

(5)

No provision of this section shall be construed as granting any board the power to rezone property or to base board decisions on the merits of the purpose and intent of local ordinances duly adopted by the governing body.

(6)

To hear and decide applications for special exceptions as may be authorized in the ordinance. The board may impose such conditions relating to the use for which a permit is granted as it may deem necessary in the public interest, including limiting the duration of a permit, and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with.

(7)

No special exception may be granted except after notice and hearing as provided by Code of Virginia, § 15.2-2204. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first-class mail rather than by registered or certified mail.

(8)

To revoke a special exception previously granted by the board of zoning appeals if the board determines that there has not been compliance with the terms or conditions of the permit. No special exception may be revoked except after notice and hearing as provided by Code of Virginia, § 15.2-2204. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first-class mail rather than by registered or certified mail. If a governing body reserves unto itself the right to issue special exceptions pursuant to Code of Virginia, § 15.2-2286, and, if the governing body determines that there has not been compliance with the terms and conditions of the permit, then it may also revoke special exceptions in the manner provided by this subdivision.

(9)

The board by resolution may fix a schedule of regular meetings, and may also fix the day or days to which any meeting shall be continued if the chairman, or vice-chairman if the chairman is unable to act, finds and declares that weather or other conditions are such that it is hazardous for members to attend the meeting. Such finding shall be communicated to the members and the press as promptly as possible. All hearings and other matters previously advertised for such meeting in accordance with Code of Virginia, § 15.2-2312 shall be conducted at the continued meeting and no further advertisement is required.

(Ord. No. 09-01, 3-5-2009)

The following shall apply to the rules and regulations of the board:

(1)

The board of zoning appeals shall adopt such rules and regulations as it may consider necessary.

(2)

The meeting of the board shall be held at the call of its chairman or at such times as a quorum of the board may determine.

(3)

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

(4)

The board shall keep minutes of its proceedings showing the vote of each member upon each question or if absent or failing to vote indicating such fact. It shall keep records of its examination and other official actions, all of which shall be immediately filed in the office of the board and shall be public record.

(5)

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

(6)

A quorum shall be at least three members.

(7)

A favorable vote of three members of the 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 the board is required to pass.

(Ord. No. 09-01, 3-5-2009)

An appeal to the board may be taken by any person aggrieved or by any officer, department, board, or bureau of the county affected by any 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 was 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 immanent peril to life or property, in which case proceedings shall not be stayed otherwise than by an 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.

(Ord. No. 09-01, 3-5-2009)

Appeals shall be mailed to the board of zoning appeals in care of the zoning administrator, and a copy of the appeal mailed to the secretary of the planning commission. A third copy should be mailed to the individual official, department, or agency concerned, if any.

(Ord. No. 09-01, 3-5-2009)

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 partly, or may modify the order, requirement, decision, or determination appealed from. The concurring vote of three members shall be necessary to reverse any 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 this chapter or to effect any variance from this chapter. 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. No. 09-01, 3-5-2009)

(a)

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

(b)

Writ of certiorari. Upon the presentation of such petition, the court shall allow a writ of certiorari to review the decision of the board of zoning appeals and shall prescribe therein the time within which a return thereto must be made and served upon the realtor's 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 appealed from, but the court may, on application, on notice to the board, and on due cause shown, grant a restraining order.

(c)

Return of papers and facts. The board of zoning appeals shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified sworn copies thereof or 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 appealed from and shall be verified.

(d)

Taking of evidence. 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 modify the decision brought up for review.

(e)

Costs. 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 appealed from.

(Ord. No. 09-01, 3-5-2009)

(a)

No principal or accessory building, structure, or use or buildings, structures, or uses permissible shall be constructed, reconstructed, moved, added to, or structurally altered or otherwise allowed without a permit therefrom issued by the county building inspector and approved by the zoning administrator.

(b)

No permitted principal or accessory building, structure, or use of buildings, structures, and uses permissible by special exemption or special use shall be constructed, reconstructed, moved, added to, or structurally altered or otherwise allowed without a permit therefor 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 chapter, 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 chapter.

(Ord. No. 09-01, 3-5-2009)

All applications for building permits shall be in accordance with the procedures of the Virginia 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.

(Ord. No. 09-01, 3-5-2009)

An application for a rezoning permit shall be made to 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 chapter. Each such application for a zoning permit shall be accompanied by the following items or as much thereof as the zoning administrator may require as being pertinent:

(1)

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 sewage system is involved, a statement from the county public service authority that all applicable regulations and requirements have been complied with;

(2)

A building permit, as required;

(3)

The intended use;

(4)

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

(5)

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

(6)

Number, size, location, and lighting of signs, if any; or

(7)

Off-street parking and other facilities.

(Ord. No. 09-01, 3-5-2009)

(a)

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

(b)

Structure 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 chapter or any other applicable law, ordinance, or regulation. The issuance of such zoning permit, however, shall not afford protection to any owner who is found to be violating this chapter or any other applicable law, ordinance, or regulation.

(c)

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

(1)

Certificate. Whenever a zoning permit is issued, the zoning administrator shall also furnish the building inspector with a certificate indicating that the zoning permit has been issued and is valid for the period stipulated in this section.

(2)

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

(3)

Violations. Failure to obtain a zoning approval permit shall be a violation of this chapter and punishable under section 58-10.

(Ord. No. 09-01, 3-5-2009)

(a)

Generally. A certificate of zoning compliance is issued for the purpose of controlling nonconforming uses. 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 that is in nonconformance with the regulations of the district in which located until a certificate of zoning compliance shall have been issued therefor by the zoning administrator stating that the proposed use of the building or land conforms to the requirements of this chapter.

(b)

Nonconforming structures and uses. No nonconforming structure shall be maintained, renewed, changed, or extended until the zoning administrator shall have issued a certificate of zoning compliance. This certificate of zoning compliance shall state specifically wherein the nonconforming use differs from the provisions of the chapter, provided, that upon enactment or amendment of this chapter, owners or occupants of nonconforming uses or structures 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 conforming use at the time of enactment or amendment of this chapter. Therefore, the continuance of a nonconforming use shall subject the owner or operator to the penalties specified in section 58-10. This subsection shall be administered in conformity with and governed by the provisions of Code of Virginia § 15.2-2307.

(c)

Relation to building permits. No permit for erecting, altering, moving, or repairing any building shall be issued until an application has been made for a certificate or zoning compliance.

(d)

Records to be kept. The zoning administrator shall maintain a record of all certificates of zoning compliance and a copy shall be furnished upon request to any person.

(Ord. No. 09-01, 3-5-2009)

Building permits or certificates of zoning compliance issued on the basis of plans and applications approved by the administrative official authorized 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 shall be deemed a violation of this chapter and punishable as provided under section 58-10.

(Ord. No. 09-01, 3-5-2009)

(a)

Generally. A special exception is a conditional use that is permitted within a use district after review and recommendation by the commission and approved by the board of supervisors. The board of supervisors hereby reserves unto itself the right to issue such special exception permits.

(b)

Procedure. Wherever a use of a structure is listed either as a permissible use or structure or is listed as a special exception, application shall be made to the zoning administrator who shall refer such application to the planning commission. Procedures and standards for determination affecting permissible uses or structures and special exceptions shall be as provided in the district regulations and section 58-123 of this division.

(Ord. No. 09-01, 3-5-2009)

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 county impact, these uses require review by the commission and board of supervisors 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 board of supervisors as necessary elements to carry out the intent of this chapter. The board of supervisors hereby reserves unto itself the right to approve or disapprove uses not provided for.

(Ord. No. 09-01, 3-5-2009)

(a)

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 on the request will be made by the board of supervisors after the following procedure is completed:

(1)

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

(2)

Notice shall be given at least 15 days in advance of public hearing. The owner of the property for which the 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 of general circulation, in accordance with Code of Virginia, § 15.2-2204.

(3)

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

(4)

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

(b)

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

(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.

(2)

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

(3)

Refuse and service areas, with particular reference to the items in subsections (1) and (2) of this subsection (b).

(4)

Utilities, with reference to locations, availability, and compatibility.

(5)

Buffering and screening with reference to the type, dimensions, and characters.

(6)

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

(7)

Required yards and other open space.

(8)

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

(Ord. No. 09-01, 3-5-2009)

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 board of supervisors after the following procedures are completed:

(1)

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

(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.

(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.

(4)

The commission shall make a recommendation to the board of supervisors on the zoning request after the public hearing is held.

(5)

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

(6)

Upon the denial of any application filed to change a zoning district, no further application concerning any or all of the same property shall be filed for rezoning to the same use in less than 12 months from the time denied by the board of supervisors.

(7)

An application for an amendment may be withdrawn at any time; provided, that if the request for withdrawal is made after publication of the notice of the public hearing, no application for the reclassification of all or any part of the same property shall be filed within three months of the withdrawal date. There shall be no refund of rezoning fees in the case of withdrawal either before or after advertising.

(8)

Tabling an application for an amendment may be requested by the applicant or by the commission on the grounds of inadequate data. All cost involved in readvertisement must be paid by the applicant.

(Ord. No. 09-01, 3-5-2009)

As part of a petition to rezone property and amend the official zoning map, the property owner may include a voluntary proffering in writing placing certain conditions and restrictions on the use and development of such property, and the administrator shall be vested with all necessary authority to administer and enforce such conditions and restrictions, all in accordance with Code of Virginia, §§ 15.2-2296—15.2-2302, as amended, and such sections are incorporated in this section as a part thereof to the same extent and purpose as though such sections were fully set out at length in this section.

(Ord. No. 09-01, 3-5-2009)