(a)

Zoning administrator. The provisions of this chapter shall be administered and enforced by an officer to be known as the zoning administrator, or his or her designee, who shall be appointed or designated by the town council. The zoning administrator shall have all necessary authority on behalf of the town council:

(1)

To refuse to issue any permit for any building or for the use of any premises which would violate any of the provisions of this chapter.

(2)

To order, in writing, the remedy of any condition found in violation of this chapter.

(3)

The bringing of legal action to ensure compliance with this chapter, including injunction, abatement or other appropriate action or proceeding.

(4)

To interpret and administer the provisions of this chapter, and to investigate complaints of violations of this chapter, and to enforce the provisions of this chapter to ensure compliance.

(b)

Assistance and cooperation. The zoning administrator may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the chief of police in enforcing orders, of the town attorney in prosecuting violations and of other town officials as necessary, including the reporting to the zoning administrator of any seeming violation in new construction, reconstruction or land uses.

(c)

Relationship to private restrictions and agreements. The town zoning ordinance is independent of any private restrictions on the use of property such as private covenants and homeowner association agreements. The town has no duty or power to enforce or administer such private provisions.

(Ord. of 5-8-01)

(a)

Zoning permit.

(1)

No structure shall be erected, constructed, altered, moved, converted, extended or enlarged within the town without the owner or owners first having applied for and secured a zoning permit from the zoning administrator.

(2)

No occupied or vacant land, and no existing or new structure, shall hereafter be changed in use in whole or in part unless the owner has first applied for and secured a zoning permit from the zoning administrator.

(3)

The construction or use of any of the following structures shall not require a zoning permit under this section: a driveway connecting a single-family or duplex residential dwelling unit with a public or private street other than a concrete or asphalt one in the watershed overlay district.

(b)

Conditional use permit.

(1)

For those uses defined as conditional uses in the district requirements, no occupied or vacant land, and no existing or new structure, shall hereafter be changed or engaged in use in whole or in part unless the owner has first applied for and secured a conditional use permit from the town council.

(2)

The construction or use of any of the following structures shall not require a conditional use permit under this section: a driveway connecting a single-family or duplex residential dwelling unit with a public or private street other than a concrete or asphalt one in the watershed overlay district.

(c)

Certificate of occupancy.

(1)

No structure, or any portion thereof, shall be occupied unless a certificate of occupancy has been issued by the building official and zoning administrator. A certificate of occupancy shall not be issued unless a zoning permit or conditional use permit has been issued indicating that the proposed development is consistent with this chapter and unless the approved application including any approved site plans are complied with.

(d)

Finding of architectural compatibility (for properties in the historic district).

(1)

No structure in the historic district except those exempted under section 27-130 shall be erected, reconstructed, altered (other than razed, demolished or moved), or restored without the owner or owners first having applied for and secured a finding of architectural compatibility from the architectural review board, or on appeal from the town council. ^[18]

(2)

Except as provided in Code of Virginia, § 15.2-2306, relating to the exercise of property owner rights, and the local procedure enacted to clarify the exercise of those rights as set out in section 27-132 above, no historic structure in the historic district except those exempted under section 27-130 shall be razed, demolished or moved without the owner of the structure having applied for and secured a finding of architectural compatibility from the architectural review board, or, on appeal from the town council. Prior to making a determination of whether to issue a finding or architectural compatibility related to the application to raze, demolish or move a structure, the architectural review board, or, on appeal, the town council, shall first determine whether the structure is historic. ^[19]

The processing of applications to the town council related to the exercise of property owner rights shall be in accord with section 27-132 above.

(3)

Except as provided below, where a zoning permit or conditional use permit would involve a determination of architectural compatibility, said permit shall not be issued until a finding of architectural compatibility has been issued by the architectural review board, or where the finding has been appealed, by the town council. Where a finding of architectural compatibility to raze, demolish or move a structure has been denied by the town council but an application to exercise property rights in accord with section 27-132 has been applied for, the zoning permit or conditional use permit shall not be issued until that application is accepted.

(e)

Review and approval process for permits.

(1)

In general. Application for a finding of architectural compatibility, notice of intent to exercise property rights under section 27-132, zoning permit, conditional use permit or certificate of occupancy shall be on such form as specified by the zoning administrator. The application shall address all information necessary to make a decision on whether a permit should be approved. A site plan or detailed sketch is considered a part of the application.

Within seven (7) days after an application, other than a notice of intent to exercise property rights under section 27-132, is presented to the town, the zoning administrator shall notify the applicant whether the application is complete on its face. If he determines that it is not, he shall note the nature of the incompleteness and return the application together with any fee to the applicant. If he determines that it is complete on its face, he shall mark the application officially submitted, date it and notify the applicant that the application has been accepted. In the event that the zoning administrator takes no action, the application shall be deemed officially submitted on the date it was presented to him.

(2)

Conditional use permits process.

a.

Pre-application review. At least thirty (30) days before the formal submission of an application seeking approval of a conditional use permit, the property owner and/or applicant shall hold a conference with the department of planning and community development concerning the proposal and shall provide a concept plan that specifies the following:

1.

The general location and amount of land proposed for development;

2.

The number of dwelling units, gross floor area, and acreage of each use or land area;

3.

The general location of parking spaces.

Within fifteen (15) days after the conference, the planning director or his/her designee shall provide the property owner or zoning applicant and the planning commission with a summary of the meeting.

b.

Application submittal. Following the required pre-application review, the property owner or applicant may submit a conditional use permit application, which shall consist of the following materials:

1.

An application form accompanied by the required fee;

2.

A concept plan prepared in accordance with section (a) above;

3.

The general location of all proposed buildings and structures; and

4.

Narrative or other descriptive illustrations to address the use proposed and its compatibility with the surrounding neighborhood.

The application will be returned as incomplete if the required materials are not submitted simultaneously.

Prior to a conditional use permit being issued, notice shall be given and a public hearing held as required by the Code of Virginia, § 15.2-2310.

Except as otherwise provided by law, whenever an application has been officially submitted, the permit issuing authority shall have one hundred twenty (120) days from the date of its official submission to take one of the following actions:

a.

Disapprove the application as incomplete, citing the information needed to make the application complete;

b.

Approve the application;

c.

Approve the application subject to certain changes being made;

d.

Disapprove the application citing the reasons therefor, including references to duly adopted ordinances, regulations, or policies, and identifying such modifications and corrections as will permit approval.

In the event that the permit issuing authority is a board, commission or the town council, a decision of that body wherein it fails to pass a motion to approve the application shall be deemed a denial from the date of such action unless a subsequent timely action is taken. Whenever a board, commission or town council should fail to cite the reasons for a denial, conditional approval or return of an application for incompleteness, the presiding officer of that body shall prepare and submit the reasons on behalf of the body. The reasons shall be consistent with the evidence presented at the meeting or public hearing. In the event that the body fails to take action within the time period allowed, such action shall be deemed approved as submitted. The failure to make a decision within the time period allowed shall not prevent its appeal.

An appealed application is complete from the date that the appeal is filed. The appellate body may return the application for incompleteness.

(f)

Fees for permits.

(1)

Fees for the above permits shall be remitted by the applicant at the time of application submission in accord with a fee schedule set by the town council by ordinance, which may be adjusted from time to time by formal action of the council.

(g)

Issuance of permits.

(1)

All officials of the town vested with the authority and duty to approve plans or issue permits or licenses shall conform to the provisions of this chapter and shall issue permits or licenses for uses, structures or purposes only when such are in conformance with the provisions of this chapter. Any plan, permit or license, if issued in conflict with the provisions of this chapter, shall be null and void and shall confer no lawful status.

(h)

Duration of permits.

(1)

Approval of a zoning permit or conditional use permit shall be valid for five (5) years after the date of approval and thereafter shall become null and void unless construction or use is substantially underway during such period. The provisions of this subsection shall be applicable to any final recorded site plans valid on or after January 1, 1992.

(2)

Any certificate of finding of architectural compatibility shall expire of its own limitation two (2) years from the date of issuance if the work authorized thereby is not commenced by the end of such two (2) year period unless the certificate of finding is approved in order to address an outstanding violation of this chapter, in which case the certificate shall expire of its own limitation six (6) months from the date of issuance if the work authorized is not commenced by the end of such six (6) month period. Further, any such certificate shall also expire and become null and void if such authorized work is suspended or abandoned for a period of six (6) months after being commenced. Prior to the expiration of a certificate of finding of architectural compatibility, upon written request and for reasonable cause, the architectural review board may extend the validity of any such certificate for a period not to exceed one (1) year.

(3)

The zoning administrator shall notify permit holders at the address given on their application that their permit has expired. However, the failure to give notice shall not amount to a waiver or admission that substantial work has been done in reliance on the permit. In the event that the permit holder challenges the determination, he may request a hearing before the permit issuing authority. A decision by the permit issuing authority is appealable in the same manner as the initial decision to grant or deny the permit.

(i)

Reconsideration.

(1)

No application for a conditional use permit for the same use on a lot, parcel or tract shall be considered by the town council within a period of one (1) year from its last consideration unless the town council first determines that the public interest would be best served by a reconsideration.

(2)

The architectural review board shall not reconsider any request for the erection, reconstruction, or alteration of a structure which has been denied for a period of one (1) year, except in cases where an applicant appears with an application substantively amended. For the purpose of this provision, substantively amended shall include changes on the application to one (1) or more of the following features which contributed to the initial denial of the application:

i.

Design.

ii.

Arrangement.

iii.

Mass/dimensions.

iv.

Material.

v.

Location.

(j)

Appeal of permit denial.

(1)

Appeals of any of the above permit requirements shall be conducted in accord with article XV of this chapter.

(Ord. of 5-8-01; Ord. of 6-11-02; Ord. No. O-2006-004, 1-10-06; Ord. No. O-2023-010, § 1, 12-12-23)

(a)

Violation.

(1)

It shall constitute a violation of this chapter for any person either owner, agent, or occupant, to do any of the things for which a permit is required by this chapter without having first obtained such a permit.

(2)

Any such permit issued upon a false statement of any fact which is material to the issuance thereof shall be void. Whenever the zoning administrator shall determine that he has issued a permit under such circumstances, he shall revoke the permit and give notice to the holder by mail to the address set out in the permit application and by posting such notice in some conspicuous place upon the premises. Any person who shall proceed thereafter with such work or use without having obtained a new permit in accordance with this chapter shall be deemed guilty of a violation of this chapter.

(3)

It shall constitute a violation of this chapter for any person either owner, agent or occupant, to disobey, neglect or refuse to comply with or resist the enforcement of any of the provisions of this chapter. Each day upon which any such violation shall continue shall constitute a separate violation.

(4)

It shall be unlawful for any person to violate any of the provisions of this chapter in such a manner as to result in injury to any person.

(b)

Notice of violation. If the zoning administrator finds that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall take any other action authorized by law to ensure compliance with, or to prevent violation of, its provisions.

(c)

Criminal offense. Any person, firm, corporation, whether as principal, agent, employed or otherwise, violating, causing or permitting the violation of any of the provisions of this chapter other than one for which a civil penalty can be levied shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00) for each violation. Each day upon which such violation shall continue shall constitute a separate offense.

(d)

Civil penalties. Any person who violates any of the specified provisions in the zoning ordinance and which does not result in an injury to any person shall be subject to a fine in the amount specified in a schedule of fines as set by the town council or as prescribed by Virginia Statute.

Notwithstanding the designation of violations set out above in the uniform schedule of civil penalties, civil penalties shall not be imposed for:

(1)

Enforcement of the Uniform Statewide Building Code;

(2)

Activities related to land development or activities related to the construction or repair of buildings and other structures;

(3)

Violation of an erosion and sediment control ordinance; and

(4)

Violation of any zoning provision relating to the posting of signs on public property or public rights-of-way.

Any person summoned for a violation of any of the sections listed in the uniform schedule may make an appearance in person or writing by mail to the town treasurer prior to the date fixed for trial. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged. Such person shall be informed of his right to stand trial on any or all of the alleged violations, and that a signature to an admission of liability will have the same force and effect as a judgment of court.

If a person charged with a violation does not waive trial and admit liability, the violation shall be tried in the Culpeper district court in the same manner and with the same right of appeal as provided for by law. It shall be the burden of the town to show the liability of the violator by the preponderance of the evidence.

An admission of liability or finding of liability shall not be a criminal conviction for any purpose. The designation of a particular zoning ordinance violation for a civil penalty pursuant to this section shall be in lieu of criminal sanctions, and, except for any violation resulting in injury to an person or persons, such designation shall preclude the prosecution of a violationas a criminal misdemeanor. Nothing in this section shall preclude action by the zoning administrator under Code of Virginia, §§ 15.1-491(d), 15.2-2286(4) or by the town under Code of Virginia, § 15.2-2208.

Each day during which the violation is found to have existed shall constitute a separate offense; provided, that in no event shall specified violations arising from the same operative set of facts be charged more frequently than once in any ten-day period, and, in no event shall a series of specified violations arising from the same set of facts result in civil penalties which exceed a total of three thousand dollars ($3,000.00).

(Ord. of 5-8-01)

(1)

Notwithstanding any other provision of this chapter, for any valid special use permit outstanding as of January 1, 2011, and related to new residential or commercial development, any deadline in the permit or in the zoning ordinance that requires the landowner or developer to commence the project or to incur significant expenses related to improvements for the project within a certain time shall be extended until July 1, 2017, or longer as agreed to by the town council by express action and recorded roll call vote. The provisions of this subsection shall not apply to any requirement that a use authorized pursuant to a special use permit or other agreement or zoning action be terminated or ended by a certain date or within a set number of years.

(2)

Notwithstanding any other provision of this chapter, for any rezoning action approved pursuant to section 27-376, valid and outstanding as of January 1, 2011, and related to new residential or commercial development, any proffered condition that requires the landowner or developer to incur significant expenses upon an event related to a stage or level of development shall be extended until July 1, 2017, or longer as agreed to by the town council by express action and recorded roll call vote. However, the extensions in this subsection shall not apply (i) to land or right-of-way dedications; (ii) when completion of the event related to the stage or level of development has occurred; or (iii) to events required to occur on a specified date certain or within a specified time period. Any proffered condition included in a special use permit shall only be extended if it satisfies the provisions of this subsection.

(3)

The extension of validity provided in subsection (1) shall not be effective unless any performance bonds and agreements or other financial guarantees of completion of public improvements in or associated with the proposed development are continued in force.

(Ord. No. O-2009-010, § 1, 8-11-09; Amd. of 8-14-12)