(a)

This ordinance (with the exception of the subdivision article) and the zoning map shall be administered, interpreted, and enforced by the zoning administrator (administrator), who shall be appointed by the city council. The administrator shall have all authority empowered by this ordinance in the administration and enforcement of all articles of this ordinance except the subdivision article (article X). The administrator shall exercise their authority at the pleasure of the city council.

(b)

The administrator may also hold another office in the city.

(c)

The administrator shall have such duties as are conferred by this ordinance and Code of Virginia, § 15.2-2286(4), as amended, including:

(1)

Administer and enforce this ordinance;

(2)

Interpret zoning district boundaries;

(3)

Where appropriate, issue zoning permits and certificates;

(4)

Administer and enforce conditions attached to a rezoning or amendment to the zoning map;

(5)

Make necessary inspections; and

(6)

When necessary, call for opinions or decisions, either verbal or written, from other departments, boards, or state agencies.

(7)

In addition to the regulations contained herein, the administrator may, from time to time, establish any reasonable additional administrative procedures deemed necessary for the proper administration of this ordinance.

(d)

A subdivision agent (agent) shall be appointed by the governing body to administer and enforce the subdivision article (article X) and shall serve at the pleasure of the city council. The zoning administrator may also serve as the subdivision agent.

(e)

The agent shall have such duties as are conferred by this ordinance, including but not limited to:

(1)

Administer and enforce the subdivision regulations of this ordinance;

(2)

Accept and process applications, including reviewing and certifying plats, for conformance with this ordinance;

(3)

Forward plats for review, comment, and approval to the appropriate departments, boards, and state agencies;

(4)

Keep records of all applications; appeals; and submissions and subsequent actions; and

(5)

Conduct inspections of subdivision improvements for compliance with the approved subdivision and construction plans.

Pursuant to Code of Virginia, § 15.2-2210 et seq., as amended, a planning commission shall be created and organized as follows:

(1)

A planning commission consisting of at least five, but not more than 15, members appointed by the city council.

(2)

All members shall be residents of the city, with at least one-half of such members being owners of real property; and all members shall be qualified by knowledge and experience to make decisions on questions of community growth and development.

(3)

One member of the planning commission may be a member of the city council, and one member may be a member of the administrative branch of government of the city.

a.

The term of each of these two members shall be coextensive with the term of office to which they have been elected or appointed, unless the city council, at the first regular meeting each year, appoints others to serve as their representatives.

(4)

The remaining members of the planning commission first appointed shall serve respectively for terms of one year, two years, three years, and four years, divided equally or as nearly equal as possible between the membership. Subsequent appointments shall be for terms of four years each. The city council may establish different terms of office for initial and subsequent appointments including terms of office that are concurrent with those of the appointing city council. Vacancies shall be filled by appointment for the unexpired term only.

(5)

The city council may provide for compensation to planning commission members for their services, reimbursement for actual expenses incurred, or both.

(6)

A member of the planning commission may, with the consent of both governing bodies, serve as an advisory member of the local planning commission of a contiguous locality.

(7)

Any member may be removed for malfeasance or absenteeism.

a.

A member of a planning commission may be removed from office by the city council, without limitation, if the commission member is absent from any three consecutive meetings of the planning commission or is absent from any four meetings of the planning commission within any 12-month period. In either event, a successor shall be appointed by the city council for the unexpired portion of the term of the member who has been removed.

(a)

General powers and duties. Pursuant to Code of Virginia, § 15.2-2221, as amended, the planning commission shall have the following powers and duties after required notice and hearing as provided in Code of Virginia, § 15.2-2204, as amended:

(1)

Exercise general supervision of, and make regulations for, the administration of its affairs;

(2)

Prescribe rules pertaining to its investigations and hearings;

(3)

Supervise its fiscal affairs and responsibilities, under rules and regulations as prescribed by the city council;

(4)

Keep a complete record of its proceedings; and be responsible for the custody and preservation of its papers and documents;

(5)

Make recommendations and an annual report to the city council concerning the operation of the commission and the status of planning within the city;

(6)

Prepare, publish and distribute reports, ordinances and other material relating to its activities;

(7)

Prepare and submit an annual budget in the manner prescribed by the city council;

(8)

If deemed advisable, establish an advisory committee or committees; and

(9)

When duly authorized by the planning commission, members may attend planning conferences or meetings of planning institutes or hearings upon pending planning legislation and may visit other communities.

a.

The planning commission may, by resolution, pay the reasonable traveling expenses incident to such attendance or visits.

(b)

Comprehensive plan powers and duties. Pursuant to Code of Virginia, § 15.2-2223 et seq., as amended, the planning commission shall have the following powers and duties relating to the city's comprehensive plan:

(1)

The planning commission shall prepare and recommend a comprehensive plan for the physical development of the city and the city council shall adopt such plan.

a.

In the preparation of a comprehensive plan, the planning commission shall make careful and comprehensive surveys and studies, in accordance with Code of Virginia, § 15.2-2224, as amended, of the existing conditions and trends of growth, and of the probable future requirements of the city and [its] inhabitants.

(2)

Prior to the recommendation of comprehensive plan or any part thereof, the planning commission shall:

a.

Post the plan or part thereof that is to be considered for recommendation on a website that is maintained by the planning commission, or on any other website on which the planning commission generally posts information, and that is available to the public.

b.

Give notice in accordance with Code of Virginia, § 15.2-2204, as amended; and

c.

Hold a public hearing on the plan.

1.

After the public hearing, the planning commission may approve, amend and approve, or disapprove the plan.

2.

Upon approval, the planning commission shall by resolution recommend the plan, or part thereof, to the city council for adoption.

(3)

Pursuant to Code of Virginia, § 15.2-2230, as amended, the planning commission shall review the comprehensive plan at least once every five years to determine whether it is advisable to amend the plan.

(4)

Pursuant to Code of Virginia, § 15.2-2232, as amended, whenever the planning commission recommends a comprehensive plan or part thereof for the city, and such plan has been approved and adopted by the city council, it shall control the general or approximate location, character, and extent of each feature shown on the plan.

(a)

Prior to adoption of any comprehensive plan pursuant to Code of Virginia, § 15.2-2223, as amended, any part of a comprehensive plan pursuant to Code of Virginia, § 15.2-2228, as amended, or any amendment to any comprehensive plan as described in Code of Virginia, § 15.2-2229, as amended, the city shall submit such plan or amendment to the department of transportation for review and comment if the plan or amendment will substantially affect transportation on state-controlled highways as defined by regulations promulgated by the department.

(b)

Upon submission to, or initiation by, the city, of a proposed rezoning under Code of Virginia, §§ 15.2-2286, 15.2-2297, 15.2-2298, or 15.2-2303, as amended, the city shall submit the proposal to the department of transportation within ten business days of receipt thereof if the proposal will substantially affect transportation on state-controlled highways.

(1)

Such application shall include a traffic impact statement if required by this ordinance or pursuant to regulations promulgated by the department.

(2)

Within 45 days of its receipt of such traffic impact statement, the department shall either:

a.

Provide written comment on the proposed rezoning to the city; or

b.

Schedule a meeting, to be held within 60 days of its receipt of the proposal, with the planning commission or other agent and the rezoning applicant to discuss potential modifications to the proposal to address any concerns or deficiencies.

(a)

The planning commission shall fix the time for holding regular meetings and shall meet at least once per year.

(b)

The planning commission shall choose annually its own chairperson and vice-chairperson.

(c)

If authorized by the city council, the planning commission may:

(1)

Create and fill such other offices as it deems necessary;

(2)

Appoint such employees and staff as it deems necessary for its work; and

(3)

Contract with consultants for such services as it requires.

(d)

A majority of the members shall constitute a quorum and no action of the planning commission shall be valid unless authorized by a majority vote of those present and voting.

(e)

The planning commission shall adopt rules for the transaction of business and shall keep a record of its transactions which shall be a public record.

(f)

The city council may provide the planning commission with facilities for the holding of meetings and the preservation of plans, maps, documents and accounts, and may appropriate funds needed to defray the expenses of the planning commission.

(g)

The planning commission, by resolution adopted at a regular meeting, may also fix the day or days to which any meeting shall be continued if the chairperson, or vice-chairperson if the chairperson is unable to act, finds and declares that weather or other conditions are such that it is hazardous for members to attend the meeting.

(1)

Such finding shall be communicated to the members and the press as promptly as possible.

(2)

All hearings and other matters previously advertised for such meeting shall be conducted at the continued meeting and no further advertisement is required.

(3)

A copy of such resolution shall be provided in a newspaper having general circulation in the city, at least seven days prior to the first meeting held pursuant to the adopted schedule.

(h)

Special meetings of the planning commission may be called by the chairperson or by two members upon written request to the secretary. The secretary shall mail to all members, at least five days in advance of a special meeting, a written notice fixing the time and place of the meeting and the purpose thereof.

(1)

Written notice of a special meeting is not required if the time of the special meeting has been fixed at a regular meeting, or if all members are present at the special meeting or file a written waiver of notice.

(i)

Upon request of the planning commission, the city council or other public officials may, from time to time, for the purpose of special surveys under the direction of the planning commission, assign or detail to it any members of the staffs of city administrative departments, or such city council or other public official may direct any such department employee to make for the planning commission special surveys or studies requested by the planning commission.

(a)

The expenditures of the planning commission, exclusive of gifts or grants, shall be within the amounts appropriated for such purpose by the city council.

(b)

The planning commission may expend, under regular local procedure as provided by law, sums appropriated to it for its purposes and activities.

(c)

A locality may accept gifts and donations for planning commission purposes.

(1)

Any moneys so accepted shall be deposited with the appropriate city council in a special nonreverting planning commission fund to be available for expenditure by the planning commission for the purpose designated by the donor.

(2)

The disbursing officer of the city may issue warrants against such special fund only upon vouchers signed by the chairperson and the secretary of the planning commission.

Pursuant to Code of Virginia, § 15.2-2308 et seq., as amended, a board of zoning appeals (BZA) shall be created and organized as follows:

(1)

A BZA consisting of five members shall be appointed by the circuit court.

(2)

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, one for two years and one for one year. Appointments for vacancies occurring otherwise than by expiration of term shall in all cases be for the unexpired term.

(3)

The secretary of the BZA shall notify the court at least 30 days in advance of the expiration or a term of office, or promptly if a vacancy occurs. A member whose term expires shall continue to serve until the successor is appointed and qualifies.

(4)

Members of the BZA may be reappointed to succeed themselves but may hold no other public office in the city; except that one member may be a member of the planning commission and any member may be appointed to serve as an officer of election as defined in Code of Virginia, § 24.2-101, as amended.

(5)

Each member of the BZA may receive such compensation, as authorized by the city council, for attendance at each regular or called meeting of the BZA. Within the limits of funds appropriated by the city council, the BZA may employ or contract for secretaries, clerks, legal counsel, consultants, and other technical and clerical services.

(6)

Any BZA member or alternate may be removed for malfeasance, misfeasance, or nonfeasance in office, or for other just cause, by the court which appointed them, after a hearing held after at least 15 days' notice.

(a)

Pursuant to Code of Virginia, § 15.2-2309, as amended, the BZA shall have the following powers and duties after required notice and hearing as provided in Code of Virginia, § 15.2-2204, as amended:

(1)

Appeals. To hear and decide appeals from any order, requirement, decision, or determination made by an administrative officer in the administration or enforcement of this ordinance as outlined in article III, division 10.

(2)

Variance. To authorize upon appeal or original application a variance, as defined in Code of Virginia, § 15.2-2201, as amended, from the terms of this ordinance when the strict application of the ordinance would unreasonably restrict the utilization of the property, and such need for a variance would not be shared generally by other properties, and if the applicant proves through a preponderance of evidence that a literal enforcement of the provisions of this ordinance will result in unnecessary hardship; provided that the spirit of this ordinance shall be observed and substantial justice done. Standards and procedures for determining variances are outlined in article III, division 5, of this ordinance.

(3)

Boundary interpretations. To hear and decide applications for interpretation of the district map where there is any uncertainty as to the location of a district boundary, only if:

a.

The administrator is unable to interpret boundaries, as provided in section 90-12 of this ordinance; or

b.

If an applicant appeals the administrator's interpretation.

c.

After notice to the owners of the property affected by any such question, and after public hearing with notice as required by Code of Virginia, § 15.2-2204, as amended, the BZA may interpret the map in such way as to carry out the intent and purpose of this ordinance for the particular section or district in question.

(b)

The provisions of this section shall not be construed as granting the BZA the power to rezone property, substantially change the locations of district boundaries as established by this ordinance, or to base decisions on the merits of the purpose and intent of local ordinances duly adopted by the governing body.

(a)

The BZA shall adopt such rules and regulations as it may consider necessary.

(b)

Meetings of the BZA shall be held at the call of its chairperson or at such time as a quorum of the BZA may determine.

(c)

A quorum shall be at least three members. A favorable vote of three members of the BZA 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 on which the BZA is required to pass.

(d)

The BZA shall choose annually its own chairperson and vice-chairperson. The vice-chairperson shall act in the absence of the chairperson and may administer oaths and compel the attendance of witnesses.

(e)

The BZA shall appoint a secretary whose duty it shall be to keep the minutes and other records of the actions and deliberations of the BZA and perform such other ministerial duties as the BZA shall direct.

(f)

The secretary may be a salaried city employee and shall perform the duties of secretary of the BZA in addition to his other regular duties.

(g)

The BZA 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 BZA and shall be public record.

(h)

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

(i)

A non-legal staff member of the city, applicant, landowner, or landowner's agent/attorney may have ex parte communications with a member of the BZA prior to a hearing but may not discuss the facts or law relative to a particular case. However, all ex parte communications must comply with the requirements of Code of Virginia, § 15.2-2308.1, as amended.

(j)

Pursuant to Code of Virginia, § 15.2-2287, as amended, petitions brought by property owners, contract purchasers, or their agents, shall be sworn to under oath stating whether or not any member of the local planning commission or governing body has any interest in such property:

(1)

Either individually;

(2)

By ownership of stock in a corporation owning such land, partnership;

(3)

As the beneficiary of a trust; or

(4)

As the settlor of a revocable trust.

(5)

Or whether a member of the immediate household of any member of the planning commission or governing body has any such interest.

(a)

As provided in section 90-6, conformity with the ordinance is required. Failure to comply with the requirements of the ordinance constitutes a violation thereof and is declared to be unlawful.

(b)

As authorized by Code of Virginia, § 15.2-2286(A)(4), as amended, the administrator or designee shall be responsible for enforcing the provisions of this ordinance.

(c)

Any person who knowingly makes any false statements, representations or certifications in any record, report, or other document, either filed or requested pursuant to this ordinance, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required or used by the administrator under this ordinance in monitoring discharges, shall be guilty or liable of this ordinance.

(a)

Any person who alleges that violation of the ordinance has occurred may file a complaint with the administrator or designee. Such complaint shall stipulate the cause and basis thereof and the location of the alleged violation. The administrator or designee shall properly record the complaint, investigate the facts thereof, and take action thereon as provided by the ordinance.

(b)

The administrator may enter upon or inspect any land or structure to ensure compliance with the provisions of this ordinance, after requesting and receiving approval of the landowner to enter upon land for these purposes. If consent is not given by the landowner, the administrator may enter upon land with an inspection warrant in accordance with Code of Virginia, § 15-2.2286(A)(16), as amended.

(a)

Upon completion of investigation and becoming aware of any violation of the provisions of this ordinance, the administrator shall issue written notice of such violation to the person committing or permitting the violations.

(b)

Notice of violation shall be mailed by registered or certified mail or hand delivered.

(c)

The notice of violation shall state:

(1)

The nature of the violation;

(2)

Date that the violation was observed;

(3)

The remedy or remedies necessary to correct the violation;

(4)

A reasonable time period for the correction of the violation;

(5)

A statement informing the recipient that they may have a right to appeal the notice of zoning violation or written order within 30 days in accordance with Code of Virginia, § 15.2-2311, as amended;

(6)

The applicable appeal fee and a reference to where additional information may be obtained regarding the filing of an appeal; and

(7)

That the decision shall be final and unappealable if not appealed within 30 days.

(d)

Appeals of notice of violation shall be heard by the board of zoning appeals in accordance with the procedures set forth in article III, division 10.

(a)

Upon becoming aware of any violation and making a determination of validity of any of the provisions of this ordinance, the administrator may institute appropriate action or proceedings, as permitted by law, including injunction, abatement to restrain, correction, or abatement.

(b)

The remedies provided in the penalties sections below are cumulative and not exclusive except to the extent expressly provided therein.

(1)

Criminal penalties.

a.

With the exception of the subdivision code in article X, any violation of the requirements of this ordinance resulting in injury to a person or persons or where such civil penalties exceed $5,000.00, shall be a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not less than $10.00 and not more than $1,000.00.

b.

If the violation is uncorrected at the time of conviction, the court shall order the violator to abate or remedy the violation in compliance with this ordinance, within a time period established by the court. Failure to remove or abate such violation within the time period established by the court shall constitute a separate misdemeanor offense punishable by a fine of not less than $10.00 nor more than $1,000.00, and any such failure during any succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-day period, punishable by a fine of not less than $100.00 nor more than $1,500.00.

(2)

Civil penalties. Any violation other than as provided in subsection (1) above, for criminal penalties, shall be subject to the following civil penalties, as provided in Code of Virginia, § 15.2-2209, as amended, and subject to the following:

a.

Procedure. Proceedings seeking civil penalties for violations of this ordinance shall commence either by filing a civil summons in the general district court or by the administrator or agent issuing a ticket.

b.

Civil summons or ticket. A civil summons or ticket shall contain, at a minimum, the following information:

1.

Name and address of the person charged;

2.

Nature of the violation and the ordinance provisions being allegedly violated;

3.

Location, date and time violation occurred or was observed;

4.

Amount of the civil penalty for the violation; and

5.

Right of the recipient to elect to either pay the penalty or stand trial for the violation and the date of such trial. The summons shall state that if the person elects to pay the penalty, the person must do so by making an appearance in person or in writing by mail to the city treasurer at least 72 hours prior to the time and date fixed for trial and, by such appearance, enters a waiver of trial and admits liability for the offence changed. The summons shall provide that a signature is an admission of liability that shall have the same force and effect as a judgement of the court. However, such admission shall not be deemed a criminal conviction for any purpose.

c.

Failure to enter waiver. If a person charged with a violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided by law or equity and it shall be the city's burden to provide the violator's liability by a preponderance of the evidence. A finding of liability shall not be deemed a criminal conviction for any purpose.

d.

Fines.

1.

Amount of civil penalty. A civil violation shall be subject to a civil penalty of $200.00 for the initial summons, and a civil penalty of $500.00 for each additional summons arising from the same set of operative facts.

2.

Daily offense. Each day during which a violation exists shall constitute a separate violation. However, in no event shall a violation arising from the same set of operative facts be charged more frequently than once in any ten-day period.

3.

Maximum aggregate penalty. The total civil penalties from a series of violations arising from the same set of operative facts shall not exceed $5,000.00. If the violations exceed the $5,000.00 limit, the violation may be prosecuted as a criminal misdemeanor as outlined above.

(a)

The city council shall establish, by ordinance, a schedule of fees, charges and expenses, and collection procedures for zoning permits, conditional use permits, variances, appeals, amendments, site plan reviews, and other matters pertaining to this ordinance.

(b)

The schedule of fees shall be available for inspection in the office of the administrator and may be altered or amended by the city council by ordinance amendment.

(a)

Pursuant to Code of Virginia, § 15.2-2286(B), as amended, prior to the initiation of an application or appeal, the applicant shall produce satisfactory evidence that any delinquent real estate taxes, nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on the subject property that are owed to the city, have been paid in full, unless otherwise authorized by the treasurer.

(b)

The above provision applies only to the property or properties for which the application is attached.

(c)

If an applicant is the renter of a subject property and said property has associated unpaid taxes and fees owed to the city, the property owner(s) shall be responsible for paying those balances in full.