Prior to the submittal of an application for a conditional use permit, zoning text and/or map amendment (rezoning), conditional zoning, or a site plan, a preapplication meeting must be held between the applicant and the administrator, unless otherwise waived by the administrator. During this meeting the applicant may submit concept plans for preliminary review, comment, and recommendation by the administrator.

(a)

The administrator shall establish minimum standards for submission requirements of all applications associated with the zoning and subdivision ordinance. Applications shall contain all information required to meet the minimum standards.

(b)

Upon written request by an applicant, the administrator may waive or modify a submission requirement(s) upon a determination that the information is not necessary to evaluate the merits of the application, such waivers or modifications are for application requirements only and do not include variances or modifications from district or use standards.

(c)

Additional information may be required as deemed reasonably necessary by the administrator.

Applications or applications for amendments (to the ordinance or official zoning map), site plans, variances, conditional use permits, or zoning permits, and any other request requiring action shall be made on forms provided by the city.

An applicant must disclose all equitable ownership of the real estate included in an application. In the case of corporate ownership, the name of stockholders, officers and directors shall be provided, and in any case the names and addresses of all of the real parties of interest in accordance with Code of Virginia, § 15.2-2289, as amended.

Applications or applications for amendments to the zoning ordinance, official zoning map, variances, or conditional use permits, shall be sworn to under oath before a notary public, or other official before whom oaths may be taken.

Pursuant to Code of Virginia, § 15.2-2286(7), as amended, whenever public necessity, convenience, general welfare, or good zoning practice requires, the city council may, from time to time, amend, supplement or change, by ordinance, the boundaries of the districts or the regulations established in this ordinance.

(a)

Initiation of change. Pursuant to Code of Virginia, § 15.2-2286(7), as amended, any amendment to this ordinance or the zoning map may be initiated by:

(1)

Resolution of the city council;

(2)

Resolution of the planning commission; or

(3)

Application of the owner, contract purchaser with the owner's written consent, or the owner's agent therefor, of the property which is the subject of the proposed zoning map amendment (rezoning), addressed to the city council or city planning commission, who shall forward such application to the city council.

(b)

Zoning map amendments. Applications for zoning map amendments, including conditional zoning requests, shall be accompanied by 15 copies of a concept plan. The concept plan may be general and schematic and shall show:

(1)

A certified plat of the subject property showing metes and bounds of all property lines, existing streets, and subdivisions—with reference to a recorded subdivision plat or the city's tax map.

(2)

The names and addresses, as shown on the current real estate tax assessment books, of property owners abutting the property or owners located across the road/street.

(3)

Proposed land uses to be developed.

(4)

The general layout, orientation, and information describing buildings and improvements, including but not limited to parking, landscaping, fencing, signs, and trash enclosures, height, setbacks, and restriction lines.

(5)

If any, the approximate total number, density, type, and price range of dwelling units and the range of lot sizes for the various dwelling types.

(6)

If any, the general location of proposed open space and recreational areas.

(7)

If any, the general location and type of commercial uses to be developed.

(8)

The general location and character of the proposed roads, pedestrian circulation, trails, public utility, and storm drainage systems.

(9)

A statement on the proposed development schedule.

(10)

A written analysis of the public facilities, roadway improvements, and public utilities that will be required to serve the development.

(11)

A written description of the nature and extent of the amendment desired and an explanation of the reasons for seeking a change.

(12)

Any additional information as deemed reasonably necessary by the administrator.

(13)

Any rezoning request for a planned residential development district (R-PRD), shall include:

a.

A site plan, in accordance with division 6, site plans, of this article.

b.

A general statement of planning objectives to be achieved by the R-PRD, including a description of the character of the proposed development, the existing and proposed ownership of the site, the market for which the development is oriented, and intentions with regards to any specific human-made and natural characteristics located on the site.

c.

General information on the trip generation, ownership, maintenance, and construction standards for proposed streets should be included.

d.

A traffic impact analysis that shall be prepared in accordance with the applicable state department of transportation standards.

e.

Fiscal impact analysis information as specified by the city.

f.

Proposed deed covenants, restrictions, or other constraints to be imposed upon the purchasers of such properties.

(c)

Zoning text amendments. The application for a text amendment to the zoning ordinance shall be filed with the administrator. If the application proposes a change in a zoning classification or map boundaries, there shall be attached to the application:

(1)

Items required in subsection (b) above.

(2)

A written description of the nature and extent of the amendment desired together with an explanation of the reasons for seeking a change.

(d)

Standards for review.

(1)

Once the application is submitted in accordance with division 1 of this article and has been determined to be complete, the city shall evaluate the application and may request that the applicant make revisions, as necessary.

(2)

The application for a rezoning or zoning text amendment shall be referred to the planning commission for public hearing and recommendation. The planning commission shall present their recommendation on the proposed ordinance or amendment, including the district maps, to the city council for public hearing and action. No recommendation or action shall be rendered until public notifications and hearings have been conducted in accordance with division 11 of this article and the Code of Virginia.

(3)

The planning commission shall advise the city council of their recommendation within 100 days from its first meeting following the referral of the application. If after 100 days no recommendation has been made, the governing body shall assume that the planning commission concurs with the applicant and supports the amendment. The city council shall thereafter take any action it deems appropriate, unless the applicant requests an extension for a defined period not to exceed a total of 90 calendar days from the date of the public hearing.

(4)

All motions, resolutions, or applications for amendment to the zoning ordinance and/or zoning map shall be acted upon, and a decision made within such reasonable time as may be necessary which shall not exceed 12 months unless the applicant requests or consents to action beyond such period or unless the applicant withdraws his motion, resolution, or application for amendment to the zoning ordinance or map, or both; otherwise, the amendment shall be deemed approved. In the event of and upon a withdrawal, processing of the motion, resolution, or petition shall cease without further action as otherwise would be required.

(e)

The administrator shall cause the zoning map to be updated as frequently as necessary to ensure that zoning data shown thereon are both accurate and current. Accordingly, all changes affecting the zoning map that are approved by the city council shall be entered onto the official zoning map within 60 days following the approval of such changes. After updating sections of the zoning map, working prints of any updated section thereof upon which modifications have been made shall be inserted into all sets of the zoning maps that are used for public viewing and administration.

(a)

Applications requesting an amendment, supplement, or change to the zoning ordinance or zoning map:

(1)

If denied by the city council, then such application, or one substantially similar, shall not be reconsidered sooner than 12 months from the date of the previous denial.

(2)

If withdrawn by the applicant, such application, or one substantially the same, shall not be reconsidered within six months from the date the original application has been withdrawn.

(b)

The limits on reconsideration shall not impair the right of either the planning commission or the city council to propose any amendment to this ordinance on their motion at any time.

Conditional zoning provides a method for permitting the reasonable and orderly development of land through zoning map amendment with reasonable conditions governing the use and development of such property. As authorized under Code of Virginia, §§ 15.2-2296—15.2-2303.3, as amended, reasonable conditions may be voluntarily proffered for the protection of the community when combined with existing zoning ordinance district regulations. The exercise of authority shall not be construed to limit or restrict powers otherwise granted nor to affect the validity of any ordinance adopted by the locality which would be valid without regard to this division. In addition, the provisions of this division shall not be used for the purpose of discrimination in housing.

(a)

Proffer of conditions; standards of consideration.

(1)

Any owner of property or their agent making an application for a change in zoning or zoning map amendment may, as part of the application (outlined in division 2 of this article), voluntarily proffer in writing reasonable conditions which shall apply to the subject property in addition to the regulations provided by the zoning district sought in the rezoning application. Any such proffered conditions must:

a.

Be made prior to any public hearing before the city council (including joint public hearings with the planning commission);

b.

Be in accordance with the procedures and standards contained in Code of Virginia, § 15.2-2297, as amended.

(2)

Proffered conditions shall be subject to the following limitations:

a.

The rezoning itself must give rise to the need for the conditions;

b.

The conditions shall have a reasonable relation to the rezoning;

c.

The conditions shall be in accordance with the city comprehensive plan;

d.

The conditions shall not include a requirement that the applicant create a property owners' association under the Property Owners' Association Act (Code of Virginia, § 55.1-1800 et seq.) that includes an express further condition that members of a property owners' association pay an assessment for the maintenance of public facilities owned in fee by a public entity, including open space, parks, schools, fire departments and other public facilities not otherwise provided for in Code of Virginia, § 15.2-2241; however, such facilities shall not include sidewalks, special street signs or markers, or special street lighting in public rights-of-way not maintained by the department of transportation;

e.

The conditions must not include payment for, or construction of, off-site improvements except those provided for in Code of Virginia, §§ 15.2-2241 and 15.2-2303.4;

f.

No condition shall be proffered that is not related to the physical development or physical operation of the property;

g.

In the event that a proffer includes the dedication of real property or the payment of cash, such property shall not transfer, and such cash payment shall not be made until the facilities for which such property is dedicated, or cash is tendered are included in the capital improvements program of the city, provided that nothing herein shall prohibit the city from accepting proffered conditions which are not normally included in the capital improvements program; and

h.

If proffered conditions include the dedication of real property or the payment of cash, the proffered conditions shall include provisions for the disposition of the property or cash in the event the property or cash is not used for the purpose for which it was proffered. Such provisions may include the return of the property or cash to the owner, or such other disposition as is agreed to by the city and the owner at the time the proffer is made.

(3)

At the time each proffer is submitted to the city, it shall be accompanied by a statement signed by the applicant and the owner or their agents which states:

a.

"Each proffer made in connection with this application for rezoning was made voluntarily and complies with applicable law. No agent of the City has suggested or demanded a proffer that is unreasonable under applicable law."

b.

"I hereby proffer that the development of the subject property of this application shall be in strict accordance with the conditions set forth in this submission."

(4)

Each application for rezoning which proposes proffered conditions to be applied to the property shall be accompanied by the following items beyond those required by conventional rezoning requests:

a.

An impact analysis demonstrating justification of proposed proffers.

b.

A statement describing the nature of the proposed development and explaining the relationship of the development to the comprehensive plan.

c.

A statement setting forth a maximum number of dwelling units or lots proposed, including density and open space calculations where applicable to any residential development, or a statement describing the types of uses proposed and the approximate square footage for each nonresidential development.

d.

A statement detailing any special amenities that are proposed.

e.

A statement of the public improvements both on and off site that are proposed for dedication and/or construction and an estimate of the date for providing such improvements.

f.

A concept plan, as detailed in subsection 90-122(b), listing and detailing the nature and location of any proffered conditions and those proposed circumstances which prompted the proffering of such conditions.

g.

A statement setting forth the proposed approximate development schedule.

The city council may accept amended proffers if they:

(1)

Do not materially affect the overall proposal and are made voluntarily, and in writing, prior to the deadline for preparation of the advertisement of the public hearing by the city council on the rezoning request.

a.

If the city council determines that the amendment materially affects the overall proposal, the application with the amended proffers shall be remanded back to the planning commission for a public hearing and recommendation.

(a)

All such conditions shall be in addition to the regulations provided for in the zoning district to which the land is rezoned.

(b)

Upon the approval of any such rezoning, all conditions proffered and accepted by the governing body shall remain in full force and effect until amended or varied by the city council.

(1)

If the city council rezones the land as part of a new or substantially revised zoning ordinance, such conditions shall continue in full force and effect automatically without notice or filing.

Each conditional rezoning shall be designated on the zoning map by an appropriate symbol designed by the administrator. In addition, the administrator shall keep and maintain a conditional zoning index which shall provide ready access to the ordinance creating such conditions in addition to the regulations provided for in the particular zoning district and which shall be available for public inspection. The administrator shall update the index annually and no later than November 30 of each year.

(a)

Applications requesting an amendment or change to the zoning map that includes proffered conditions:

(1)

If denied by the city council, then such application, or one substantially similar, shall not be reconsidered sooner than 12 months after the previous denial.

(2)

If withdrawn by the applicant, such application, or one substantially the same, shall not be reconsidered within six months from the date the original application has been withdrawn.

(b)

The limits on reconsideration shall not impair the right of either the planning commission or the city council to propose any amendment to this ordinance on their motion at any time.

A use requiring a conditional use permit (CUP) is a use that may be appropriate in a zoning district, but because of its nature, extent, or external effects, requires special consideration of its location, design, and methods of operation before it can be deemed appropriate in the district and compatible with its surroundings. The purpose of this division is to establish procedures and standards for review and approval of CUPs that provide for such special consideration.

In accordance with Code of Virginia, § 15.2-2286, as amended, a CUP is required for the development of any use designated in article VI, use matrix, as a use requiring a CUP in accordance with this section, or as required by use standards provided in article VII, use standards.

(a)

Required demonstration. In addition to the general application requirements supplied in division 1 of this article, the applicant must provide information and data to:

(1)

Demonstrate that the proposed use, when complemented with additional measures, if any, will be in harmony with the purposes of the specific district in which it will be placed;

(2)

Demonstrate that there will be no undue adverse impact on the surrounding neighborhood in terms of public health, safety, or general welfare and show measures to be taken to achieve such goals;

(3)

Demonstrate that the use will not tend to create congestion in streets, roads, alleys, and other areas; and

(4)

Show that the proposal meets the applicable specific and general standards required by this ordinance.

(b)

Concept plan. Applications for CUPs shall be accompanied by 15 paper copies and one digital copy of a concept plan. The concept plan may be general and schematic and shall show:

(1)

A certified plat of the subject property showing metes and bounds of all property lines, existing streets, and subdivisions.

(2)

Proposed land uses to be developed.

(3)

The general layout, orientation, and information describing buildings and improvements, including but not limited to parking, landscaping, fencing, signs, and trash enclosures, height, setbacks, and restriction lines.

(4)

If any, the approximate total number, density, type, and price range of dwelling units and the range of lot sizes for the various dwelling types.

(5)

If any, the general location of proposed open space and recreational areas.

(6)

If any, the general location and type of commercial uses to be developed.

(7)

The general location and character of the proposed roads, pedestrian circulation, trails, public utility, and storm drainage systems.

(8)

A statement on the proposed development schedule.

(9)

A written analysis of the public facilities, roadway improvements, and public utilities that will be required to serve the development.

(10)

Any additional information as deemed reasonably necessary by the administrator, such as a traffic impact analysis.

(c)

Standards for review.

(1)

The administrator shall review any CUP application for its compliance with this ordinance and to determine if it is complete. If the application is not complete, then the administrator shall notify the applicant in writing of the materials that must be submitted to complete the application. When determined complete, the administrator shall provide the application to the planning commission, along with a staff report that analyzes and makes a recommendation on the application.

(2)

The planning commission shall hold a public hearing, in accordance with division 11 of this article, and make a recommendation on the application, including recommendations of such changes and conditions as it might deem appropriate. The planning commission shall provide its recommendation to the city council.

(3)

The city council shall hold a public hearing, in accordance with division 11 of this article, and make a final decision on the application, including making appropriate changes to the application and imposition of conditions.

(4)

If an applicant seeks both an amendment to the zoning ordinance and a CUP for the same property, both applications may be made jointly and processed at the same time if the proposed amendment does not add a conditional use not previously permitted by the terms of this ordinance.

(a)

A CUP authorizes only the particular use(s) and associated development that is approved and shall not ensure approval for any other permit or development approval.

(b)

A CUP, including any approved plans and conditions, shall run with the land and shall not be affected by a change in ownership, but shall expire as provided in subsection (d) below.

(c)

Unless otherwise specified in this ordinance or specified as a condition of approval, the height limits, setbacks, lot area, sign requirements, and other specified standards shall be the same as for other uses in the district in which the conditional use is located.

(d)

A CUP shall expire upon the first to occur of the following:

(1)

If the applicant does not obtain site plan approval or commence the use granted by the cup within one year (or such longer time as the governing body may approve) from the date of the approval;

(2)

If an activity operating under an approved CUP ceases for a period greater than two years; or

(3)

Upon expiration of a site plan for the use granted by the CUP.

A previously granted CUP may be revoked if the city council determines there has not been compliance with the conditions of the permit. No permit shall be revoked except after notice and hearing as provided in this article.

(a)

If a request for a CUP is denied by the city council, then such application, or one substantially similar, shall not be reconsidered sooner than 12 months after the previous denial.

(b)

If a request for a CUP is withdrawn by the applicant, such application, or one substantially the same, shall not be reconsidered within six months from the date the original application has been withdrawn.

Pursuant to Code of Virginia, § 15.2-2309, as amended, the purpose of a variance is to allow for a reasonable deviation from the provisions of this ordinance regulating the shape, size, or area of a lot or parcel of land or the size, height, area, bulk, or location of a building or structure when the strict application of the ordinance would unreasonably restrict the utilization of the property, other relief or remedy is not available, such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the purpose of the ordinance.

(a)

Authority.

(1)

Pursuant to Code or Virginia, § 15.2-2309(2) and (6), as amended, the board of zoning appeals (BZA) is authorized to review applications for a variance, if the applicant proves the burden and provides evidence that the application meets the standard for a variance and the criteria set out in this ordinance.

(2)

The BZA may approve, approve with conditions deemed necessary in the public interest, including limiting the duration of a permit and requiring a guarantee or bond to ensure the conditions will be complied with, or deny an application for a variance in accordance with the procedures and standards of this article.

(b)

Standards for review.

(1)

After application is made as required in division 1 of this article, the administrator shall review the application for compliance with this ordinance.

(2)

When it has been determined that the application is in proper form, the administrator shall submit the application to the BZA. The administrator shall also transmit a copy of the application to the local planning commission, which may send a recommendation to the BZA or appear as a party at the hearing.

(3)

Pursuant to Code of Virginia, § 15.2-2309(2), as amended, a variance shall be granted if the evidence shows that the strict application of the terms of the ordinance would unreasonably restrict the utilization of the property or that the granting of the variance would alleviate a hardship due to a physical condition relating to the property or its improvements at the time of the effective date of the ordinance, and:

a.

The property interest for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance;

b.

The granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area;

c.

That such hardship is not shared generally by other properties and could be resolved with an amendment to this ordinance;

d.

The granting of the variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification of the property; and

e.

The relief or remedy sought by the variance application is not available through the process for a special exception process that is authorized in the ordinance pursuant to Code of Virginia, § 15.2-2309(6), as amended, at the time of the filing of the variance application.

(4)

Any variance granted to provide a reasonable modification to a property or its improvements requested by, or on behalf of, a person with a disability may expire when the person benefited by it is no longer in need of the modification to such property or improvements provided by the variance, subject to the provisions of state and federal fair housing laws, or the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131 et seq.), as applicable.

(5)

If a request for a reasonable modification is made to a locality and is appropriate under the provisions of state and federal fair housing laws, or the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131 et seq.), as applicable, such modification request shall be granted by the locality unless a variance from the BZA under this section is required in order for such request to be granted.

(a)

Issuance of a variance shall authorize only the particular variance that is approved. A variance, including any conditions, shall run with the land, and not be affected by a change in ownership, except for variances provided in subsection 90-152(b)(4) of this article.

(b)

Use or development authorized by the variance shall not be carried out until the applicant has secured all other permits required by this ordinance or any other applicable ordinances and regulations of the city. A variance, in itself, shall not ensure that the development approved through said permit shall receive subsequent approval for any other necessary applications for permit or development approval.

(c)

After the BZA has granted a variance, it shall become void after 12 months if no substantial construction or change of use has taken place in accordance with the plans for which such variance was granted, or if the BZA does not specify some longer period than one year for good cause shown.

(a)

Applications for a variance.

(1)

If denied by the BZA, then such application, or one substantially similar, shall not be reconsidered sooner than 12 months after the previous denial.

(2)

If withdrawn by the applicant, such application, or one substantially the same, shall not be reconsidered within six months from the date the original application has been withdrawn.

The purpose of this section is to promote the orderly development of certain activities in the city and to ensure that such activities are developed in compliance with this ordinance and other applicable regulations and in a manner harmonious with surrounding properties and in the interest of the general public welfare. More specifically, the site plan shall be used to review:

(1)

The project's compatibility with its environment and with other land uses and buildings existing in the area;

(2)

The ability of the project's traffic circulation system to provide for the convenient and safe internal and external movement of vehicles and pedestrians;

(3)

The quantity, quality, utility, and type of the project's required community facilities; and

(4)

The location and adequacy of the project's landscape improvements and provision for drainage and utilities.

(a)

Pursuant to Code of Virginia, § 15.2-2286(A)(8), as amended, all development in the city requires approval of a site plan in accordance with the procedures and standards in this division prior to the issuance of a zoning permit, building permit, or certificate of occupancy, or any land disturbance, with the following exceptions:

(1)

Individually developed single-family detached dwellings.

(2)

Individually developed two-family dwellings.

(3)

Accessory structures or improvements less than 256 square feet in area.

(4)

Filling and grading operations where the area of land disturbance is less than 10,000 square feet where no impervious structures, surfaces or improvements will be installed, and no clearing undertaken.

(5)

Repairs of a general nature to existing buildings with no land disturbance.

(b)

All previously approved concept plans must also submit a site plan for administrative approval prior to any site development.

(c)

When a change is proposed that requires additional off-street parking or changes to exterior elements of a previously approved site plan, a site plan shall be submitted for review to ensure that the change of use can be accomplished within the regulations of this ordinance.

(a)

Site plans, or any portion thereof, involving engineering, architecture, landscape architecture or land surveying, shall be prepared by persons professionally certified in the commonwealth to do such work.

(b)

Site plans shall be prepared to the scale of one inch equals 100 feet or larger, on 24-by-36-inch sheets.

(c)

Site plans may be prepared on one or more sheets to clearly show the information required by this section and to facilitate the review and approval of the plan. If prepared on more than one sheet, match lines shall clearly indicate where the several sheets join.

(d)

When more than one sheet is required to cover the entire project, a cover sheet, general in nature, shall be provided to identify all individual sheets of an application in proper relationship to each other.

(e)

All horizontal dimensions shown on site plans shall be in feet and decimals of a foot [shall be to the closest one-hundredth] of a foot.

(f)

When the development is to be constructed in stages or units, a final development schedule shall be included with the site plan that shows the order of construction of such stages, an approximate completion date for the construction of each stage, and a final cost estimate of all improvements within each stage.

(1)

A site plan for a particular development stage or unit other than the first shall not be approved until the site plan has been approved for the immediately preceding stage or unit.

(g)

Five paper and one digital copy of the site plan shall be provided to the administrator as part of the application and each subsequent review.

(a)

A site plan shall show the following, unless the administrator determines that some of the following information is unnecessary due to the scope and nature of the development proposed:

(1)

A title page containing the following:

a.

The title of the project, tax map reference, and street address;

b.

Name, mailing and emailing address, and phone number of the applicant and property owner;

c.

The name, mailing and emailing address, phone number, signature, seal, and registration number of the plan preparer, and the preparation date of the plan;

d.

A four-by-four-inch blank space to serve as the signature panel for the approving authority;

e.

The north point, scale, and vicinity map;

f.

A table (with computations) estimating the lot coverage ratio and impervious surface ratio; and

g.

A table (with computations) stating the total number of dwelling, commercial, or industrial units of various types in the project and the overall project density in dwelling, commercial, or industrial units per gross acre.

h.

A table (with computations) stating the total number of acres in the project and the percentage and acreage thereof proposed to be allocated to the several dwelling types, any nonresidential uses, off-street parking, green areas, streets, parks, schools, and other reservations.

(2)

Plan sheets containing:

a.

A legend for all symbols shown on the plan;

b.

Topography of the project area with contour intervals of two feet or less;

c.

Existing zoning and zoning district boundaries, including special districts, on the property to be developed and on immediately adjacent properties;

d.

The boundaries of the property or properties involved, all existing property lines, setback lines, streets, buildings, easements, rights-of-way, watercourses, waterways, wetlands, or lakes, and other existing physical features in or adjoining the project. If on an adjoining property, physical features such as watercourses, waterways, or lakes need only be shown in approximate scale and proportion;

e.

Any proposed parcel lines, easements, rights-of-way, and the locations, dimensions, height, and setbacks for proposed buildings, structures, and other improvements. Proposed building use type, major excavations, and the total square footage of the floor area by proposed use;

f.

The proposed traffic circulation pattern, including the location, dimensions, and character of construction of proposed streets, alleys, driveways, sidewalks; the location, type, and size of ingress and egress to the site; and the relationship of internal traffic to external roads;

g.

The estimated daily vehicular trips generated by the proposed development on each road segment shown on the plan;

h.

The location of all existing and proposed off-street parking and loading spaces, indicating types of surfacing, size, angle of stalls, width of aisles, and the number of parking spaces, including parking and access for the handicapped as specified in the Virginia Uniform Statewide Building Code, as amended;

i.

The location of proposed method of supply of adequate electric power, police, and fire and rescue protection;

j.

Provisions for the adequate disposition of surface water indicating location, sizes, types, and grades of ditches, catch basins, and pipes and connection to an existing drainage system;

k.

The location and size of sanitary and storm sewers, water mains, sewer lines, fire hydrants, gas, telephone, electric and other utility lines, culverts, and other underground structures in or affecting the project, including existing and proposed facilities and easements for these facilities. In the case of city-owned utilities, such information shall be provided to the applicant by the director of public services;

l.

A table estimating the daily public water usage and sewage flow attributable to the proposed development in gallons per day, including the timing of any necessary connections;

m.

Location and general design of proposed outdoor lighting;

n.

Location and general design of proposed signs;

o.

A landscape plan showing the location, dimensions, and material descriptions of all existing and proposed screens, buffer yards, or landscaping. The plan shall include the location, height, type, and material of all fences, walls, screen planting, and landscape details of all buildings and grounds;

p.

Proposed finished grading by contour and, when deemed necessary by the administrator, supplemented by spot elevations;

q.

The location and screening materials for dumpsters, waste refuse storage, or other outdoor trash receptacles;

r.

The location and dimensions of proposed recreation areas, open spaces, recreation facilities, and other amenities and improvements, including a statement of whether such open areas are to be dedicated to the public;

s.

The location of any grave, object, or structure marking a place of burial;

t.

The location of any known historic building or feature;

u.

The approximate limit of any floodplain limits, any drainage district, or mapped dam break inundation zone;

v.

The proposed nature and manner of grading the site, including proposed treatment of slopes in excess of ten percent to prevent soil erosion and excessive runoff. In cases where an erosion and sedimentation control permit is required, the necessary plans and data shall be submitted as required in chapter 34, article IV, of this Code. In all other cases, soil erosion control measures shall be shown on the site plan;

w.

A plan or report indicating the extent, timing, and estimated cost of all off-site improvements, such as roads, sewer, and drainage facilities deemed necessary to construct the proposed development, and the extent, timing, and estimated cost of all facilities deemed necessary to serve the development such as schools, libraries, and police substations. This plan or report shall relate to the sequence of the development schedule if the development is to be constructed in stages or units;

x.

Documentation of all existing permits and applications relevant to the parcel, including, but not limited to: health department permits; all existing zoning permits and zoning applications; applications for rezoning, conditional use permits, variances, and any other local, state, or federal permits related to the parcel;

y.

A copy of all covenants, restrictions, and conditions pertaining to the use, maintenance, and operation of all open space areas; and

z.

Any additional information as required by the administrator necessary to evaluate the character and impact of the proposed project.

(b)

In addition, a site plan for any planned residential development (R-PRD), shall include:

(1)

A plat as required for preliminary plat approval by article X, subdivisions.

(a)

Improvements required. All improvements required by this ordinance shall be installed at the cost of the developer and in accordance with design and construction standards of the city.

(b)

Specifications. In cases where specifications have been established by the city council, this ordinance, the Virginia Department of Transportation (VDOT), or other state or federal agency, for related facilities and utilities, such specifications shall be followed. The most restrictive specifications will prevail.

(1)

In addition to those improvements and standards specified in other sections of this ordinance, the following minimum standards and improvements shall also be required for all site plans:

a.

All streets and sidewalks must be designed in compliance with chapter 62, streets, sidewalks, and other public places, of this Code.

b.

All landscaping must be designed in compliance with article VIII, community design standards, of this ordinance.

(c)

Performance bond. After a site plan has been approved, and before any construction or land disturbance can occur, the developer shall furnish to the city an irrevocable letter of credit, cash escrow, or bonds (collectively referred to as "performance bond") from a certified state lending institution by corporate surety in a form and amount sufficient to guarantee the completion of all required improvements.

(1)

The cost of required improvements shall be determined by a bona fide estimate of construction cost prepared by a duly licensed engineer and such estimate shall be provided at the expense of the developer.

(2)

The amount of the performance bond or other guarantee shall be 110 percent of the estimated construction cost.

(3)

In the event the administrator has rejected any such agreement or bond, the owners or developer shall have the right to have such determination made by the city council.

(4)

If such performance bond contains an expiration date, provisions shall be made for the extension thereof if all improvements have not been completed 30 days prior to the expiration date.

(5)

The performance bond or other appropriate security shall not be released until construction has been inspected and accepted by the administrator and by the Virginia Department of Transportation, where appropriate.

(d)

Supervision and inspections. It shall be the responsibility of the developer to provide adequate supervision and inspections on the site during the installation of all required improvements, and to have a responsible supervisor together with one set of approved plans, profiles, and specifications at the site at all times when work is being performed.

(e)

Acceptance of improvements. The approval of the site plan or the installation of the improvements as required in this ordinance shall in no case serve to bind the city to accept such improvements for maintenance, repair, or operation thereof. Such acceptance of each type of improvements shall be subject to the city and/or state regulations.

(a)

Administrative review. Site plans required under section 90-162 of this article are subject to administrative approval by the administrator.

(1)

The zoning administrator is responsible for the review, processing, and the requesting of additional agency and consultant reports relative to a site plan which has been submitted.

(2)

Developers are encouraged to discuss the proposals contained in the site plan as submitted with the administrator prior to official request for approval of that plan.

(b)

Site plan review process. Unless otherwise provided in another article of this ordinance, every site plan required by this article shall be submitted to the administrator who shall take the following actions:

(1)

Review the site plans for conformity with applicable development regulations and approved concept plans.

(2)

Site plans will be provided to all relevant city departments and reviewing agencies for written comment.

(3)

The administrator shall notify the applicant of the action taken with respect to the site plan, which may include approval or disapproval.

(c)

Time period for approval.

(1)

Pursuant to Code of Virginia, § 15.2-2259, as amended, site plans shall be approved or disapproved within 60 days after it has been officially submitted and accepted for review for, if state agency review is required, within 35 days of receipt of approvals from all reviewing agencies. If disapproved, the reasons for disapproval shall be identified by reference to specific duly adopted ordinances, regulations, or policies and shall identify, to the greatest extent practicable, modifications or corrections that will permit approval of the plan.

(2)

Pursuant to Code of Virginia, § 15.2-2259, as amended, a site plan that has previously been disapproved but has been modified, corrected, and resubmitted shall be acted on within 45 days of resubmission.

(a)

Site plan for previously approved concept plan.

(1)

If it becomes necessary for an approved site plan for a previously approved concept plan for a conditional use permit or rezoning to be changed, the administrator may, at the applicant's request, administratively approve a minor amendment to the site plan if the change or amendment does not:

a.

Alter a recorded plat;

b.

Conflict with specific requirements of this ordinance or proffered conditions;

c.

Change the general character or content of an approved concept plan or use;

d.

Have an appreciable effect on adjoining or surrounding property;

e.

Result in any substantial change of external access points;

f.

Decrease the minimum specified yard and open spaces; and

g.

Substantially change architectural or site design features.

(2)

Amendments such as but not limited to, the elimination of any use shown or the addition of any use not shown on the concept plan, or any increase or decrease in the density of the development from the approved concept plan, shall require approval of a concept plan amendment through the applicable rezoning or conditional use permit process.

(b)

Site plan not associated with an approved concept plan. If it becomes necessary for an approved site plan to be changed, the administrator may, at the applicant's request, administratively approve amendment(s) to the site plan if the change or amendment is in compliance with this ordinance.

(c)

If the administrator fails to act on a request for a minor amendment to the site plan within 45 calendar days, it shall be considered approved.

(a)

It shall be unlawful for any person to construct, erect, or substantially alter any building or structure, or develop, change, or improve land for which a site plan is required, except in accordance with an approved site plan. Deviation from an approved site plan without the written approval of the administrator shall void the site plan and require submission of a new site plan for approval.

(b)

No permit shall be issued for any structure in any area covered by the site plan that is required under the provisions of this article except in conformity with such site plan which has been duly approved.

(c)

The building official shall be responsible for enforcing the requirements as set forth in the approved site plan, before issuance of a certificate of occupancy, and shall give written notice to the administrator that the site plan has been completed before issuing the certificate of occupancy.

(d)

Upon the satisfactory completion of the installation of all required improvements shown on the approved site plan, the developer shall submit to the city agent two copies of the completed as-built plans. Such shall be submitted at least one week prior to the anticipated occupancy of any building for the review and approval by the city agent for conformity with the approved site plan and the ordinances and regulations of the city and state agencies.

(e)

Where structures are completed and ready for occupancy prior to the completion of all improvements required by the site plan, the owner may provide bond with surety adequate to guarantee the completion of site plan, as outlined in section 90-165 of this article, and upon providing of such bond with surety as agreed upon by the administrator, a permit may be issued for the occupancy of those structures already completed.

(a)

In accordance with Code of Virginia, § 15.2-2261, as amended, approval of a site plan submitted under the provisions of this article shall expire five years after the date of such approval unless building permits have been obtained for construction in accordance therewith.

(b)

The application for and approval of minor modifications to an approved site plan shall not extend the period of validity of such plan and the original approval date shall remain the controlling date for purposes of determining validity.

(a)

No building or other structure shall be erected, moved, expanded, structurally altered, nor shall any building, structure, or land be established or changed in use without the owner or owners first obtaining a permit issued by the administrator verifying that the building, structure, or use complies with the requirements of this ordinance.

(b)

No such permit shall be issued for a building, structure, or use unless such complies with the provisions of this ordinance, or a conditional use permit authorizing an exception, variance, or written order from an appeal has been approved as provided by this ordinance.

(a)

The standards below regulate the construction of any building or structure on a lot of record, based on frontage type.

(1)

Frontage on improved right-of-way. If a lot of record has frontage on an improved right-of-way, construction of a structure shall be permitted.

(2)

Frontage on unimproved right-of-way. If a lot of record has frontage on an unimproved right-of-way, the property owner or developer must improve the unimproved right-of-way in accordance with article X, subdivisions, of this ordinance, and chapter 62, articles II, streets, and IV, improvement of request, of this Code.

a.

Prior to the issuance of a certificate of occupancy, the building official shall confirm that the required improvements are complete.

(3)

No street frontage. If a lot of record is landlocked with no street frontage, proof of adequate access from an improved right-of-way via an access easement shall be provided to the administrator prior to approval of any construction. The city shall not be responsible for the maintenance or improvement of any private access easement agreement.

(b)

Zoning permit applications shall be reviewed using the procedures and minimum submission requirements established by the administrator.

(1)

Site plans shall be submitted as required in division 6, site plans, of this article.

(2)

When site plans are not required, each zoning permit application shall be accompanied by two copies of a scale drawing or plan on a plat that shows, with dimensions:

a.

Lot lines;

b.

Location of buildings on the lot;

c.

Setback measurements from each property boundary;

d.

Proposed use of all land and buildings;

e.

Points of connection to public water and sewer;

f.

Delineation of all floodplain limits;

g.

Such other information as may be necessary to provide for the enforcement of these regulations; and

h.

If determined necessary by the administrator in a specific case, a boundary survey, and a staking of the lot by a competent surveyor, and complete construction plans shall be required.

(c)

If the proposed building or use is in conformity with the provisions of this ordinance, a permit shall be issued to the applicant by the administrator. One copy of the drawing shall be returned to the applicant with the permit. One copy shall be kept in the offices of the administrator as record of the decision.

(d)

A zoning permit, in itself, shall not ensure that the development approved through said permit shall receive subsequent approval for any other necessary permits or development approvals as otherwise required.

(a)

Expiration of zoning permit.

(1)

An approved zoning permit shall become null and void if the work described in the zoning permit has not begun within one year from the date of issuance. Written notice of the revocation shall be provided by the Administrator to the applicant.

(2)

If the work described in any zoning permit has not been substantially completed within two years of the date of issuance, said permit shall expire and be revoked by the administrator. Written notice of the permit expiration shall be given to the permit applicant.

(b)

Extension. Prior to expiration of an approved zoning permit, if the applicant requests extension, the administrator may grant extensions for additional periods as determined to be reasonable, taking into consideration, although not exclusively, the size and nature of the development, due diligence of the applicant to proceed, and other applicable laws in effect at the time of the extension request.

No person shall occupy or change the occupancy of a building or structure, or part thereof, hereafter created, erected, changed, converted, altered, or enlarged, wholly or partly, until a certificate of occupancy (COO) has been issued as provided in this Code and required by the Virginia Uniform Statewide Building Code.

Certificates of occupancy are approved in accordance with the Virginia Uniform Statewide Building Code and this Code.

In administering, interpreting, and enforcing this ordinance, the administrator shall provide a written response to persons who have filed a specific request in writing for a decision or determination on zoning matters within the scope of the administrator's authority.

(a)

The administrator's response shall be provided within 90 days of the date of the request unless the requestor agrees to a longer period of time.

(b)

When the requestor is not the owner or the owner's agent of the property subject to the request, the administrator in accordance with Code of Virginia, § 15.2-2204(H), as amended, shall provide written notice within ten days of receipt of the request to the owner of the property at the owner's last known address as shown on the city's real estate assessment records.

(c)

The administrator's written decision or determination shall include a statement informing the recipient of the right to appeal the decision as provided in division 10 of this article.

(a)

Pursuant to Code of Virginia, § 15.2-2311, as amended, an appeal to the board of zoning appeals (BZA) may be taken by any person aggrieved or by any officer, department, board, or bureau of the city affected by any decision of the administrator or from any order, requirement, decision, or determination made by any other administrative officer in the administration or enforcement of this ordinance.

(b)

Such appeal shall be taken within 30 days after the decision appealed from by filing with the administrator, and with the BZA, a notice of appeal specifying the grounds thereof. The administrator shall forthwith transmit to the BZA all the papers constituting the record upon which the action appealed from was taken.

(c)

A decision or interpretation of the administrator shall be presumed correct and may not be reversed or modified unless there is evidence in the record that the decision is not correct, based on the relevant procedures and review standards of this ordinance.

Pursuant to Code of Virginia, § 15.2-2312, as amended, procedures for submitting an appeal shall be as follows:

(1)

Mailing procedure. Appeals shall be mailed from the applicant seeking appeal to the BZA in care of the administrator, and a copy of the appeal shall be mailed to the planning commission. A third copy should be mailed to the individual, official, department, or agency concerned, if any.

(2)

Hearing. The BZA shall fix a reasonable time for the hearing of an appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within 90 days of the filing of the appeal.

(3)

Decisions. In exercising its powers, the BZA may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from. In any appeal, if a BZA's attempt to reach a decision results in a tie vote, the matter may be carried over until the next scheduled meeting at the request of the person filing the appeal.

(a)

Pursuant to Code of Virginia, §§ 15.2-2314 and 15.2-2285, as amended, any person jointly or severally aggrieved by any decision of the BZA, planning commission, or city council or any taxpayer or any officer, department, board, or bureau of the city may appeal the decision to the county circuit court.

(b)

An application specifying the grounds on which the applicant is aggrieved must be submitted 30 days after the filing of the decision in the office of the BZA.

(a)

Pursuant to Code of Virginia, § 15.2-2313, as amended, construction of a building with a valid building permit deemed in violation of this ordinance may be prevented, restrained, corrected, or abated by suit filed within 15 days after the start of construction by a person who had no actual notice of the issuance of the permit.

(b)

The court may hear and determine the issues raised in the litigation even though no appeal was taken from the decision of the administrator to the BZA.

An appeal shall stay all proceedings in furtherance of the action appealed from unless the administrator certifies to the BZA that by reason of facts stated in the certificate a stay would, in their 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 BZA or by a court of record, on application and on notice to the administrator and for good cause shown.

(a)

In accordance with Code of Virginia, § 15.2-2204, as amended, the planning commission shall not recommend, nor shall the city council adopt or approve any plan, ordinance, amendment, or conditional use permit, nor shall the BZA approve any variance, until it has held a duly advertised public hearing. Advertising and notice procedures shall be conducted according to the procedures under Code of Virginia, § 15.2-2204, as amended, as outlined in this division.

(b)

The planning commission and city council may hold a joint public hearing after public notice as set forth herein, and if such joint hearing is held, public notice as set forth below need be given only by the city council.

(c)

No land may be zoned to a more intensive use classification than was contained in the public notice without an additional public hearing after notice pursuant to Code of Virginia, § 15.2-2204, as amended.

(a)

The notice for each proposal shall provide as required in Code of Virginia, § 15.2-2204, as amended:

(1)

The street address or tax map parcel number of the parcel(s);

a.

In cases where the intended action affects more than 25 parcels, the notice must include the approximate acreage subject to the intended action;

b.

For more than 100 parcels, the advertisement may instead include a description of the boundaries of the area subject to the changes and a link to a map of the subject area;

(2)

Where copies of the proposal may be examined; and

(3)

The time and place of any hearing at which persons affected may appear and present their views.

(b)

Notice of public hearings shall also be published once a week for two successive weeks in some newspaper published or having general circulation in the city.

(1)

The term "two successive weeks," as used in this subsection, shall mean that such notice shall be published at least twice in such newspaper, with not less than six days elapsing between the first and second publications.

(2)

The hearing shall be held not less than five days nor more than 21 days after the second advertisement shall appear in such newspaper.

(c)

Property owner notification shall be sent by the administrator a minimum of five days prior to any public hearing, except where a longer timing is required.

(1)

Notifications must be mailed to:

a.

The owner, owners, or their agent of the subject property;

b.

Persons owning any adjacent property, including property across any road, railroad right-of-way or body of water;

c.

A locality's chief administrative officer or their designee when the subject property is located within 0.5 miles of the boundary of the adjoining locality at least ten days prior to the hearing;

d.

The commander of the applicable military operation when the subject property is located within 3,000 feet of the boundary of a military base, installation or airport, excluding armories operation by the Virginia National Guard, at least 30 days prior to the hearing;

e.

The owner of a public use airport when the subject property is located within 3,000 feet of such airport at least 30 days prior to the hearing;

f.

For rezonings, the incorporated property owners' association within a planned development where the subject property is located within the planned development and the association's members also own property in the planned development that is located within 2,000 feet of any portion of the subject property; and

g.

In lieu of each individual unit owner, the unit owners' association or proprietary lessee's association when the property adjacent to the subject property is a condominium or cooperative, respectively.

(2)

The following exceptions shall apply to property owner notification requirements, as outlined in this section:

a.

When a proposed amendment to the zoning ordinance involves a tract of land not less than 500 acres owned by the commonwealth or by the federal government, and when the proposed change affects only a portion of the larger tract, notice need be given only to the owners of those properties that are adjacent to the affected area of the larger tract.

b.

For zoning map amendments impacting more than 25 parcels or ordinance amendments that decrease residential density:

1.

Adjacent property owner notification is not required.

2.

Owner notification is not required for lots less than 11,500 square feet and shown on approved and recorded subdivision plat.

(3)

Notice, as required above, shall be sent by registered or certified mail to the last known address of such property owner(s) as shown on the current real estate tax assessment records. Notice may be sent by first class mail; however, a representative of the city shall sign an affidavit that such mailings have been made and file such affidavit with the papers in the case.

(d)

The cost of all notice requirements shall be paid by the developer/applicant in addition to any other fees involved in the application. The city shall bill the applicant for such costs.

For rezonings and conditional use permits, the applicant shall be required to place a sign(s), provided by the city, on the subject property which indicates that zoning action is pending.

(1)

The notice must be posted on the subject property no less than 15 days prior to the public hearing. Notice shall be removed no later than seven days after the public hearing.

(2)

If the application addresses more than one property, signage shall be placed on each parcel.

(3)

The notice shall be posted at reasonable intervals along roads abutting the subject property, or if there is no abutting road, at the proposed road or entrance into the property, in locations reasonably visible from existing roads.

(4)

The holding of a public hearing or the validity of action on an application shall not be affected by the unauthorized removal of a notice which has been posted in accordance with this section.

It shall be the responsibility of the applicant to meet the requirements of sections 90-212 and 90-213 of this article. Improper posting or mailings not in accordance with those sections shall defer the public hearing. If deferred, the property will require re-posting and new mailings to be sent, and any additional costs associated with the deferment.

Actual notice of, or active participation in, a public meeting for which written notice is required shall waive the right of that party to challenge the validity of the proceedings based on failure of notice.