Elkton City Zoning Code
ARTICLE VIII
Administration
§ 110-800 Applicability of provisions.
These regulations shall be administered in accordance with the provisions below.
§ 110-801 Zoning Administrator.
A.
Appointment. The Zoning Administrator shall be appointed by and shall serve at the pleasure of the Town of Elkton Town Council which shall fix the compensation of the Zoning Administrator.
B.
Powers and duties relating to zoning. The Zoning Administrator is authorized and empowered on behalf of and in the name of the Elkton Town Council to administer and enforce the provisions set forth herein, including receiving applications, inspecting premises, and issuing building permits and certificates of occupancy for uses and structures which are in conformance with the provisions of this chapter. The Zoning Administrator shall have all necessary authority on behalf of the Elkton Town Council to administer and enforce this chapter, including ordering, in writing, the remedy for any condition found in violation of this chapter, and the bringing of legal actions, including injunction or abatement, or other appropriate action or proceedings, to ensure compliance with this chapter. The Zoning Administrator does not have the authority to take final action on applications or matters involving variances or on special exceptions, on which final action is reserved to the Board of Zoning Appeals or governing body.
C.
Zoning administration process. Figure 1 outlines the administrative process to be followed under various provisions of this chapter.[1]
[1]
Editor's Note: Figure 1 is included at the end of this chapter.
§ 110-802 Zoning and building permit procedures.
Zoning and building permits shall be issued in accordance with the following provisions and procedures:
A.
Issuance and display. The Zoning Administrator shall issue a zoning permit for any construction of a permitted use, structural alteration, or removal or demolition of any existing structures, including, but not limited to, filling in existing swimming pools, provided that such proposed use of land or structure, or structural alteration, or removal or demolition, is in conformance with the provisions set forth herein. The zoning permit shall indicate whether the use is a permitted use, a special exception, or a variance and shall be conspicuously posted and displayed on the premises during the period of construction, reconstruction, removal or demolition. The building permit shall be issued by the Rockingham County Building Inspector and shall also be conspicuously posted and displayed on the premises during the period of construction, reconstruction, or demolition.
[Amended 9-17-2018; 6-17-2019]
B.
Application procedure for permitted uses. An application for a zoning permit shall be submitted to the Zoning Administrator according to the following provisions:
(1)
An application for a zoning permit for a permitted use shall be accompanied by one copy of an acceptable site plan with such reasonable information shown thereon as shall be required by the Zoning Administrator. Such site plan shall include, as a minimum, the following: lot dimensions with property line monuments located thereon; location and size of existing and proposed structures; yard dimensions and the use of structures; easements (private and public); watercourses; fences; street names and street right-of-way lines; and such other information regarding abutting property as directly affects the application.
(2)
Each application for a zoning permit, upon issuance of the permit, shall be accompanied by payment of a fee as set forth in Article X.
(3)
The Zoning Administrator shall sign and return one copy of the site plan to the applicant and shall issue a zoning permit, if the proposed use or construction described in the application required by Subsection B(1) above is in conformity with the provisions set forth herein, other appropriate codes, and regulations of the Town of Elkton and the following:
(4)
If the application and site plan submitted describes work which does not conform to the requirements set forth herein, the Zoning Administrator shall not issue a zoning permit, but shall return one copy of the site plan to the applicant along with a signed refusal in writing. Such refusal shall state the reasons for refusal and shall cite the portions of this chapter with which the submitted plan does not comply. The Zoning Administrator shall retain one copy of the site plan and one copy of the refusal.
C.
Application procedure for special exceptions. An application for a special exception permit for a special exception shall be submitted to the Zoning Administrator, who shall refer the application to the governing body for a public hearing. An application for a special exception permit must be submitted in accordance with the following procedures:
(1)
An application shall be accompanied by two copies of an acceptable site plan drawn in accordance with applicable provisions of this § 110-802 of this chapter, with such reasonable information shown thereon as may be required by the Zoning Administrator. Such site plan shall include, as a minimum, the following: the dimensions with property line monuments located thereon; location and size of existing and proposed structures; yard dimensions and the use of structures; easements (private and public); watercourses, fences, street names and street right-of-way lines; and such other information regarding abutting property as directly affects the application.
(2)
An application for a special exception permit for a special exception shall be accompanied by payment of a fee as set forth in Article X to help defray the cost of publicizing and conducting the public hearing.
(3)
The application shall be sent to the Commission for review and recommendation, and said Commission shall have 60 days within which to submit a report. If the Commission fails to submit a report within a sixty-day period, it shall be deemed to have approved the proposed special exception.
(4)
The governing body shall consider the proposed special exception after notice and public hearing in accordance with § 15.2-2204 of the Code of Virginia, 1950, as amended, and shall take action on the proposed special exception within 60 days from the date of the public hearing.
(5)
In evaluating the proposed special exception, the governing body shall address the following concerns:
(a)
The effect of the proposed special exception, on existing and projected traffic volumes in the neighborhood.
(b)
The current and future need for the proposed use in the Town of Elkton.
(c)
The character of the existing neighborhood and the effect of the proposed use or special exception on existing property values.
(d)
Compatibility with surrounding uses.
(e)
The consistency with the intent of this chapter and the Comprehensive Plan, the public interest, and all other provisions of law and ordinances of the Town of Elkton.
(f)
The proximity of dwellings, churches, schools, parks, or other places of public gathering.
[Added 1-19-2006]
(g)
The probable effect of the proposed use on the peace and enjoyment of people in their homes.
[Added 1-19-2006]
(h)
The preservation of cultural and historical landmarks and trees.
[Added 1-19-2006]
(i)
The probable effect of noise and glare upon the uses of surrounding properties.
[Added 1-19-2006]
(j)
The contribution, if any, such proposed use would make toward the deterioration of the area and neighborhoods.
[Added 1-19-2006]
(6)
In approving a proposed special exception, the governing body may impose such conditions and requirements as are necessary to protect the public interest. The governing body may require the applicant to furnish a performance bond in an amount sufficient for and conditioned upon the fulfillment of any and all conditions and requirements imposed by the governing body.
(7)
If the governing body approves the application for a zoning permit for a proposed special exception, the Zoning Administrator shall issue a special exception permit, indicating the restricted nature of the use.
(8)
If the governing body disapproves the application for a zoning permit for a proposed special exception, the governing body shall inform the applicant of the decision in writing within 30 days from the date of the public hearing, stating the reasons for disapproval. The Zoning Administrator shall retain one copy of the site plan and one copy of the refusal, and shall keep them as a public record.
(9)
A property owner, or his or her agent, shall not initiate action for a special exception permit relating to the same special exception affecting the same parcel of land more often than once every 12 months.
(10)
A use allowed by a special exception permit must be put into effect six months after the date the permit is issued, unless otherwise provided in the permit itself.
(11)
A special exception permit which has expired pursuant to Subsection C(10) above may be granted by the Town Council upon written request. Such renewal does not require a public hearing unless the original conditions in the permit are changed, but notice of the renewal shall be shown on the agenda of the Town Council.
D.
Application procedures for ordinance or map amendment. The Elkton Town Council may from time to time, amend these regulations or district maps whenever the public necessity, convenience, general welfare, or good zoning practice require.
(1)
Initiation of applications.
(a)
Applications for amendments initiated by any person, firm, or corporation owning the subject property shall be submitted in writing to the Zoning Administrator and shall be accompanied by two copies of an acceptable site plan, where applicable, of the proposed amendment with such reasonable information shown thereon as shall be required by the Zoning Administrator. Where site plans are required, they shall show, as a minimum, the following:
[1]
Lot dimensions with property line monuments located thereon.
[2]
Location and size of existing and proposed structures.
[3]
Yard dimension and the use of structures.
[4]
Easements (private and public) watercourses, fences.
[5]
Street names and street right-of-way lines.
[6]
Such other information regarding abutting property as directly affects the application.
(b)
Proposals for amendments not initiated by either the Commission or the Town Council shall be accompanied by payment of a fee as set forth in Article X.
(c)
If the amendment sought is to change the district designation of land on the Zoning Map to R-8, then an application for approval of a master plan pursuant to § 110-609F(3) shall accompany the application for amendment. In such event the application for approval of a master plan shall be considered simultaneously with the application for amendment of the Zoning Map, according to the regulations applicable to planned unit developments, but the time requirements of this section shall apply.
[Added 12-18-2000]
(2)
The Commission shall consider the proposed amendment after notice and public hearing in accordance with § 15.2-2204 of the Code of Virginia, as amended. The Commission shall then present the proposed amendment along with site plans and explanatory materials, where applicable, to the Town Council with its recommendations. If the Commission fails to submit its recommendations within 60 days of the first meeting of the Commission after the proposed amendment has been referred to it, the Commission shall be deemed to have approved the proposed amendment.
(3)
The Elkton Town Council shall consider the proposed amendment after notice and public hearing in accordance with § 15.2-2204 of the Code of Virginia, 1950, as amended, and shall take action on the proposed amendment within 30 days from the date of the public hearing. The Town Council and the Commission may hold a joint public hearing in accordance with § 15.2-2204 of the Code of Virginia.
(4)
Any petition for an amendment may be withdrawn prior to action thereon by the Town Council at the discretion of the person, firm or corporation initiating such a request, upon written notice to the Zoning Administrator.
(5)
No more than one application for any amendment affecting a specific parcel of land may be initiated during any single twelve-month period.
E.
Procedures for proffering conditions to zoning district regulations.
(1)
Intent. The intent of this section is to provide (pursuant to §§ 15.2-2296 through 15.2-2301 of the Code of Virginia, 1950, as amended) a more flexible and adaptable zoning method to cope with situations found in such zones whereby a zoning reclassification may be allowed subject to certain conditions proffered by the zoning applicant for the protection of the community that are not generally applicable to land similarly zoned.
[Amended 12-18-2000]
(2)
Proffer of conditions. An owner may proffer reasonable conditions, in addition to the regulations established elsewhere in this chapter, as part of an amendment to the zoning district regulations or the Zoning District Map. The proffered conditions shall be in writing and shall be made prior to the public hearing before the Town Council. In addition:
(3)
Expiration. Any zoning permit shall automatically expire six months from the date of issuance if the person, firm, or corporation to which the permit was issued has not clearly demonstrated that the permit is being exercised for the purpose for which it was issued, or if the work so authorized is suspended or discontinued for a period of one year.
§ 110-803 Certificate of occupancy.
Certificates of occupancy shall be issued by the Zoning Administrator in accordance with the following provisions:
A.
Certificate of occupancy required. A certificate of occupancy shall be required in advance of occupancy or use of:
B.
Issuance of certificate of occupancy. The Zoning Administrator shall sign and issue a certificate of occupancy, as stated on the application for such certificate and signed thereto by the owner or his or her appointed agent, if found to conform to the applicable provisions set forth herein and if the building, as finally constructed, complies with the sketch or plan submitted for the zoning and building permit.
C.
Denial of certificate of occupancy. A certificate of occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provision set forth herein.
§ 110-804 Board of Zoning Appeals.
The Board of Zoning Appeals shall consist of five regular members and one alternate member who shall be appointed by the Circuit Court of Rockingham County.
A.
Terms of office. Appointments shall be made for five years each. The Secretary of the Board of Zoning Appeals shall notify the Circuit Court at least 30 days in advance of the expiration of any term of office. A regular member or alternate member whose term expires shall continue to serve until his or her successor is appointed.
B.
Public office held. No regular member or alternate member shall hold any public office, except that one regular member shall be a member of the Planning Commission.
C.
Compensation. Regular members and the alternate member of the Board may receive such compensation as may be authorized by the governing body. The compensation of the alternate member shall be the same as the compensation of regular members.
D.
Vacancies. Appointments for vacancies occurring otherwise than by expiration of term shall in all cases be for the unexpired term. Regular members and alternate members shall be removable for cause by the Circuit Court upon written charges and a hearing held after at least 15 days' written notice.
§ 110-805 Rules of procedure.
The Board shall observe the following procedures:
A.
Said Board shall adopt rules in accordance with the provisions of this chapter and consistent with other ordinances of the Town of Elkton and general laws of the Commonwealth for the conduct of its affairs.
[Amended 12-18-2000]
B.
Said Board shall elect a Chair, Vice Chair, and Secretary from its own membership who shall serve annual terms as such and may succeed themselves.
C.
Said Board will keep a full public record of its proceedings and shall submit a report of its activities to the Town Council at least once each year.
D.
All meetings of said Board shall be open to the public.
E.
Any member of said Board shall be disqualified to act upon a matter before said Board with respect to property in which the member has an interest.
F.
The meetings of said Board shall be held at the call of the Chair and at such other times as a quorum of said Board may determine.
G.
The Chair, or in his or her absence the Vice Chair or acting Chair, may administer oaths and compel the attendance of witnesses.
H.
A quorum shall be at least three members.
I.
A favorable vote of three members of said 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 said Board is empowered.
§ 110-806 Powers and duties of Board of Zoning Appeals.
The Board of Zoning Appeals shall have the following duties and powers:
A.
To hear and decide appeals from any order, requirement, decision, or determination made by an administrative officer in the administration or enforcement of this chapter.
B.
To authorize upon original application 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 the provisions will result in unnecessary hardship, provided that the spirit of this chapter shall be observed and substantial justice done as follows:
(1)
When a property owner can show that this 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 this chapter, or where by reason of exceptional topographic conditions or other extraordinary situation or conditions of such 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 unreasonable restrict the use 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.
(2)
No such variance shall be authorized by the Board unless it finds:
(a)
That the strict application of this chapter would produce undue hardship.
(b)
That such hardship is not shared generally by other properties in the same zoning district and the same vicinity.
(c)
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 variation.
(3)
No such variance shall be authorized except after notice and hearing as required by § 15.2-2204 of the Code of Virginia, 1950, as amended.
[Amended 12-18-2000]
(4)
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 make reasonably practicable the formulation of a general regulation to be adopted as an amendment to this chapter.
(5)
In authorizing a variance, the Board may impose such conditions regarding the location, character, and other features of the proposed structure for use as it may deem necessary in the public interest, and may require a guarantee or bond to insure that the conditions imposed are being and will continue to be complied with.
C.
Support. Within the limits of funds appropriated by the governing body, the Board of Appeals may employ or contract for secretaries, clerks, legal counsel, consultants, and other technical and clerical services.
[Added 12-18-2000]
§ 110-807 Application for variances.
Applications for variances are to be made by any property owner, tenant, government official, department, board, or bureau.
A.
Application. Application shall be made to the Zoning Administrator. The application shall be accompanied by an acceptable site plan with such reasonable information shown thereon as may be required by the Zoning Administrator. Such site plan shall include, as a minimum, the following: lot dimensions with property line monuments located thereon; location and size of existing and proposed structures; yard dimensions and the use of structures; easements (private and public); watercourses; fences; road names and road right-of-way lines; and such other information regarding abutting property as directly affects the application. The application and accompanying maps, plans, or other information shall be transmitted promptly to the Secretary of the Board. The Zoning Administrator shall also transmit a copy of the application and materials to the local commission which may send a recommendation to the Board within 30 days or appear as a party at the hearing.
B.
Hearing and action. The Secretary shall place the matter on the docket to be acted upon by the Board. No such variance shall be authorized except after notice and hearing as required by § 15.2-2204 of the Code of Virginia, 1950, as amended. The Board shall decide same within 30 days from the date of such hearing.
C.
Limitation of hearings. A property owner, or his or her appointed agent, shall not initiate action for a hearing before the Board relating to the same parcel of land more often than once every 12 months without specific approval of the Board.
D.
Withdrawal of application. Any petition for a hearing before the Board may be withdrawn prior to action thereon, by said Board at the discretion of the person, firm, or corporation initiating such request upon written notice to the Secretary of said Board.
E.
Fee. Each application for a variance shall be accompanied by payment of a fee as set forth in Article X to help defray the cost of publicizing and conducting the public hearing. Upon withdrawal of an application, the fee required will be refunded provided no expenditures have been made for publicizing or conducting the public hearing at the time the notice is received.
§ 110-808 Procedure for requesting hearing before Board of Zoning Appeals.
Requests for a hearing before the Board of Zoning Appeals for an administrative review shall observe the following procedures:
A.
An appeal to the Board may be taken by any person aggrieved by, or by an officer, department, board, or bureau of the Town of Elkton affected by, any decision of the Zoning Administrator within 30 days after the decision.
B.
Applications for appeal shall be submitted to the Zoning Administrator who shall refer the application to the Board, such applications shall specify the grounds for appeal.
C.
The Zoning Administrator shall forthwith transmit to the Board all of the papers constituting the record upon which the action being appealed was taken.
D.
An appeal shall stay all proceedings in furtherance of the action being appealed unless the Zoning Administrator certifies to the Board that, by reason of acts stated in the certificate, a stay would in his or her opinion cause imminent peril to 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, and on notice to the Zoning Administrator and for good cause shown.
E.
The Board shall fix a reasonable time for the hearing of appeals; the Board shall consider appeals after notice and hearing as required by § 15.2-2204 of the Code of Virginia, 1950, as amended, and decide the same within 30 days from the date of such public hearing.
F.
In exercising the powers granted the Board in § 110-806 of this chapter, said Board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or may modify the order, requirements, decisions, or determination of the Zoning Administrator, and to that end shall have all the powers of the Zoning Administrator and may issue or direct the issuance of a zoning and building permit.
G.
Any application for appeal before the Board may be withdrawn prior to action hereon by said Board at the discretion of the person, firm, or corporation initiating such a request upon written notice to the Secretary of said Board.
H.
Each application for an appeal shall be accompanied by payment of a fee as set forth in Article X to help defray the cost of publicizing and conducting the public hearing. Upon withdrawal of an application, the fee required will be refunded, provided that no expenditures have been made for publicizing or conducting the public hearing at the time the notice is received.
§ 110-809 Decision of Board of Zoning Appeals.
A.
Any person or persons jointly or severally aggrieved by any decision of the Board, or any taxpayer or any officer, department, board, or bureau of Elkton, may present to the Circuit Court of Rockingham 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.
Upon the presentation of such petition, the Court shall allow a writ of certiorari to review the decision of the Board and shall prescribe therein the time within which a return thereto must be made and served upon the aggrieved's attorney, which shall not be less than 10 days and may be extended by the Court. The allowance of the writ shall not stay proceedings upon the decision being appealed, but the Court may, on application, on notice to the Board, and on due cause shown, grant a restraining order.
C.
The Board shall not be required to return the original papers acted upon by it, but shall be sufficient to return certified or sworn copies thereof 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 being appealed and shall be verified.
D.
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 or her 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 reverse or affirm, wholly, or in part, or may modify the decision brought up for review.
E.
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 being appealed.
§ 110-810 Administration of subdivision regulations.
A.
Subdivision Administrator. The Subdivision Administrator shall be appointed by and shall serve at the pleasure of the Elkton Town Council which shall fix the compensation of the Administrator.
B.
Powers and duties relative to Subdivision Administration. The Subdivision Administrator is authorized and empowered on behalf of and in the name of the Elkton Town Council to administer and enforce the provisions set forth in Article IX of these regulations, other pertinent provisions, and § 15.2-2240 et seq., Code of Virginia 1950, as amended. The Administrator may call for opinions or decisions, either verbal or written, from other departments in considering details of any submitted plat. This authority, by the agent, shall have particular reference to the resident Highway Engineer and the Health Official.
C.
Subdivision administration process. Figure 2 outlines the administrative process to be followed under the provisions of the subdivision regulations found in Article IX.[1]
[1]
Editor's Note: Figure 2 is included at the end of this chapter.