(a)

The provisions of this Code shall be administered by the zoning administrator or designated assistant who shall:

(1)

Issue all zoning permits and make and maintain records thereof.

(2)

Maintain and keep current zoning maps, and records of amendments thereto.

(3)

Conduct inspections as prescribed by this Code and such other inspections as are necessary to ensure compliance with the various provisions of this Code.

(b)

The zoning administrator is hereby authorized to grant a modification from any provision contained in the town zoning ordinances with respect to physical requirements on a lot or parcel of land, including, but not limited to, size, height, location or features of or related to any building, structure, or improvements, if the zoning administrator finds in writing that the strict application of the ordinance would produce undue hardship, such hardship is not shared generally by other properties in the same zoning district and the same vicinity, and the authorization of the modification will not be of substantial detriment to adjacent property and the character of the zoning district will not be changed by the granting of the modification. 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. The zoning administrator shall make a decision on the application for modification and issue a written decision with a copy provided to the applicant and any adjoining landowner who responded in writing to the notice sent pursuant to this section. The decision of the zoning administrator shall constitute a decision within the purview of Code of Virginia, § 15.2-2311, and may be appealed to the zoning board of appeals as provided by that section. Decisions of the zoning board of appeals may be appealed to the circuit court as provided by Code of Virginia, § 15.2-2314. The zoning administrator shall respond within 90 days of a request for a decision or determination on zoning matters within the scope of his authority, unless the requester has agreed to a longer period.

(Code 1988, § 9-9; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 11-11-2013; Ord. of 10-13-2020)

State Law reference— Permitted provisions in zoning ordinances, Code of Virginia, § 15.2-2286.

The board of zoning appeals consists of five members appointed by the county circuit court.

(Code 1988, § 9-211; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

State Law reference— Similar provisions, Code of Virginia, § 15.2-2308(A).

The term of office of the members of the board of zoning appeals shall be for five years and shall be staggered. Appointments to fill vacancies occurring otherwise than by expiration of term shall in all cases be for the unexpired term.

(Code 1988, §§ 9-211 9-212; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

State Law reference— Boards of zoning appeals, Code of Virginia, § 15.2-2308.

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

(Code 1988, § 9-213; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

The board of zoning appeals shall choose annually its own chair and the vice-chair who shall act in the absence of the chair.

(Code 1988, § 9-214; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

(a)

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)

a.

To authorize upon appeal in specific cases such a variance from the terms of the chapter as will not be contrary to the public interest when owing to special conditions a literal enforcement of the provisions will result in unnecessary hardships, provided that the spirit of the chapter shall be observed and substantial justice done, as follows: 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, condition, situation, or development of property immediately adjacent thereto, the strict application of the terms of the chapter would effectively prohibit or unreasonably restrict the utilization 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 this chapter. No such variance shall be authorized by the board unless it finds:

1.

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

2.

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

3.

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.

b.

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

c.

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 nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to this chapter.

d.

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 ensure that the conditions imposed are being and will continue to be complied with.

e.

The property upon which a property owner has been granted a variance shall be treated as conforming for all purposes under state law and local ordinance. However, the use or the structure permitted by the variance may not be expanded unless the expansion itself is fully compliant with the requirements of this chapter.

(3)

To hear and decide appeals from the decision of the zoning administrator. No such appeal shall be heard except after notice and hearing as provided by state law.

(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 any such question, and after public hearing with notice as required by state law, 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. The board shall not have the power to change substantially the locations of district boundaries as established by ordinance.

(b)

None of the provisions in this section shall be construed as granting the board any power to rezone property.

(Code 1988, § 9-215; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

The board of zoning appeals shall adopt such rules and regulations as it may consider necessary, not inconsistent with this article.

(Code 1988, § 9-216; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

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

(Code 1988, § 9-217; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

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

(Code 1988, § 9-218; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

The board of zoning appeals 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 examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

(Code 1988, § 9-219; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

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

(Code 1988, § 9-220; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

A quorum of the board of zoning appeals shall be at least three members.

(Code 1988, § 9-221; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

A favorable vote of three members of the board of zoning appeals 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.

(Code 1988, § 9-222; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

An appeal to the board of zoning appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the town affected by any decision of the zoning administrator. Such appeal shall be taken within 30 days after the decision is appealed 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 for 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 of 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.

(Code 1988, § 9-223; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

Appeals shall be mailed to the board of zoning appeals, care of the zoning administrator.

(Code 1988, § 9-224; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

Appeals requiring an advertised public hearing shall be accompanied by such fee as is established by the town council from time to time.

(Code 1988, § 9-225; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

An appeal from the decision of the board of zoning appeals shall be handled as provided by state law.

(Code 1988, § 9-226; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

State Law reference— Appeals to the zoning board of appeals, Code of Virginia, § 15.2-22(e).

No person shall erect, construct, enlarge, alter, repair, or improve any building or structure, if said activities require a building permit under the uniform statewide building code, without first obtaining a zoning permit for each such building or structure. Such zoning permits shall be issued by the town manager or other official designated by the council.

(Code 1988, § 9-11; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 10-13-2020)

The applications for zoning permits shall be on such form as from time to time approved by the council and shall indicate the location of the proposed construction, alteration, repair or improvement and shall show the dimension, height of the building and proposed use. The cost of such zoning permits shall be as established by the council from time to time.

(Code 1988, § 9-12; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 10-13-2020)

The procedures of this division are established to integrate properly the uses permitted on review with other land uses located in the district. These uses shall be reviewed by and authorized or rejected by the town council under the procedures in this chapter 30.

(Code 1988, tit. 9, ch. 22, intro. ¶; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

An application shall be filed with the council for review. Said application shall show the location and intended use of the site, the names of the property owners and existing land uses within 200 feet, and any other material pertinent to the request which the council may require.

(Code 1988, § 9-195; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

Upon application, the council shall hold a public hearing as required by state law.

(Code 1988, § 9-196; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

(a)

Generally. In considering the issuance of a special use permit, the council will engage in a highly fact-specific discernment of the proposed use or structure. Every property (and every application for a special use permit) presents unique facts, and the council will consider each situation on its own merits. The council will grant a special use permit only if it is well convinced that the proposed use or structure will further the town's objectives as expressed in section 30-3. This section shall not override any specific criteria expressed elsewhere in this chapter.

(b)

Adult businesses.

(1)

Notwithstanding any other provision of this chapter, unless the applicant consents to a longer period of review, an application for a special use permit for an adult business must be approved or denied within 90 days of the filing of a complete application. In considering the application, the town may consider the following factors as well as other appropriate land-use considerations:

a.

The nature of the surrounding area and the extent to which the proposed use might significantly impair its present or future development;

b.

The proximity of dwellings, churches, schools, parks, or other places of public gathering;

c.

The probable effect of the proposed use on the peace and enjoyment of people in their homes;

d.

The preservation of cultural and historical landmarks and trees;

e.

The probable effect of noise and glare upon the uses of surrounding properties;

f.

The conservation of property values; and

g.

The contribution, if any, such proposed use would make toward the deterioration of the area and neighborhoods.

(2)

Further, if an application for a special use permit for an adult business is denied and the applicant desires to appeal the denial, the town will facilitate the applicant's obtaining prompt review of the decision from the circuit court of the county. Unless the applicant agrees to an extension, the town will file a responsive pleading within ten days of service upon the town of an appeal, will file a responsive brief within 15 days of service of the applicant's brief and will agree to any reasonable expedited trial or hearing date.

(Code 1988, § 9-196.1; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 7-11-2005; Ord. of 12-10-2007; Ord. of 1-28-2008)

In the exercise of its review, the council may impose such conditions regarding:

(1)

Location, character, or other features of the proposed use or buildings; or

(2)

The term or transferability of the permit itself as it may deem advisable in the furtherance of the general purposes of this Code.

(Code 1988, § 9-197; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

Upon completion of the necessary application, hearing, and approval of the town council, the zoning administrator shall issue the permit subject to all applicable rules, regulations and conditions.

(Code 1988, § 9-198; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

All approved plans, conditions, restrictions, and rules made a part of the approval of the council shall constitute certification on the part of the applicant that the proposed use shall conform to such regulations at all times.

(Code 1988, § 9-199; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)