(a)

There is hereby established the office of zoning administrator, who shall be responsible to the city manager. It shall be the duty of the zoning administrator, assisted by the police department and the department of public works, to administer and enforce this chapter, including the ordering in writing of the remedying of any condition found in violation of this chapter, and the bringing of legal action to ensure compliance with this chapter, including injunction, abatement or other appropriate action or proceeding.

(b)

The zoning administrator shall enforce the conditions, if any, attached to an amendment to the zoning district map as provided in division 3 of this article. Such enforcements shall include, in addition to the actions and proceedings stated in subsection (a) of this section, a guarantee, satisfactory to the city council, in an amount sufficient for and conditioned upon the construction of any physical improvements required by the conditions, or a contract for the construction of such improvements and the contractor's guarantee, in like amount and so conditioned, which guarantee may be reduced or released upon the submission of satisfactory evidence that construction of such improvements has been completed in whole or in part.

(c)

Any person aggrieved, or any officer, department or commission of the city affected by any decision of the zoning administrator, may take an appeal therefrom to the board of zoning appeals as provided in article III of this chapter. Except any zoning applicant who is aggrieved by a decision of the zoning administrator pursuant to the enforcement of conditions pursuant to subsection (b) of this section, may petition the city council for the review of the decision of the zoning administrator.

(Code 1973, § 81-12; Code 1982, § 38-7(a); Ord. No. 894)

State Law reference— Zoning administrator, Code of Virginia, §§ 15.2-2209, 15.2-2210, 15.2-2286A.4, 15.2-2292B, 15.2-2299—15.2-2310, 15.2-2311, 15.2-2314.

Every official and public employee of the city who is vested with the authority to issue any permit or license shall be governed by the provisions of this chapter. The city manager shall provide by executive order that the application for any such permit or license shall be referred to the zoning administrator for an approval based on its conformity with this chapter. Any permit or license issued in conflict with the provisions of this chapter shall be null and void.

(Code 1973, § 81-12; Code 1982, § 38-7(b); Ord. No. 894)

(a)

It shall be unlawful for an owner or agent of the owner, person or tenant to use or permit the use of any structure or land or part thereof, existing or hereafter erected, constructed, changed, converted or enlarged, wholly or partly or for any person (not employees), tenant or corporation, occupying any space in such structures until a certificate of occupancy has been approved by the zoning administrator. Such certificate shall show that such structure or premises, or part thereof, and the proposed use are in full conformity with the provisions of this chapter. It shall be the duty of the zoning administrator to approve such certificate if the structure or premises, or a part thereof, and the proposed use is found to conform to all the requirements of this chapter. If it is reported to the city that a use requiring a certificate of occupancy exists in any structure and no certificate has been issued, it shall be the duty of the zoning administrator to investigate and require a certificate. The zoning administrator may request a review of the application for a certificate of occupancy by the planning commission in order to determine if the contemplated use is in accordance with this chapter. Applications for a certificate of occupancy shall be made at the time of applying for a building permit in the office of the division of inspections. If no building permit is required, then such application shall be made before any use or occupancy is begun, changed or extended.

(b)

The procedures to obtain a certificate of occupancy are as follows:

(1)

The applicant for a certificate of occupancy shall present the case of the applicant on a form obtainable in the division of inspections or department of public works.

(2)

The applicant shall apply to the office of the zoning administrator for approval of the use.

(3)

The applicant shall apply to the fire marshal for approval.

(4)

After all required inspections have been made and reported, and after a determination has been made that the granting of a permit is warranted, the director of public works shall enter approval for issuance of a permit by the building official.

(5)

The applicant shall be notified by the division of inspections by phone or regular mail of the approval or rejection of the certificate. Once approved, the certificate shall be obtained at the office of the division of inspections, within ten days of notification. The division of inspections shall enforce any violations of this subsection.

All complaints to the city or information that a person or other, occupying space in a structure and not having a certificate of occupancy as required under section 48-57, shall first be investigated by the zoning administrator and made to comply with this section.

(c)

On all new or altered commercial structures, the application shall be accompanied by a plot plan in duplicate, drawn to scale, showing the actual location, shape and dimensions of the lot to be built upon or to be changed in its use, in whole or in part, the shapes, sizes and location of any buildings already on the lot, and the exact location, size and height of each proposed building, including any building on adjacent property having a bearing on the matter. Any other information necessary to the enforcement of this chapter shall also be shown on such application and/or plan. In the case of proposed uses which are subject to the site plan provisions of article V, division 7 of this chapter, no separate plot plan is required. The requirements for a plot plan will be satisfied by the nine copies of the site plan required to be submitted in accordance with article V, division 7 of this chapter. One copy of the approved plan shall be returned to the applicant when approved by the zoning administrator. The division of inspections shall issue the final approved certificate when inspection has shown compliance with all the requirements of this Code and that the fees have been paid to the city treasurer.

(Code 1973, § 81-12; Code 1982, § 38-7(c); Ord. No. 894)

A fee shall be charged for each original certificate of occupancy, in an amount to be determined from time to time by resolution of the city council.

(Code 1973, § 81-12; Code 1982, § 38-7(d); Ord. No. 894)

All work, uses, repairs or changes that are required to obtain a building permit by the Virginia Uniform Statewide Building Code or similar regulating authority shall obtain zoning approval by the zoning administrator prior to the issuance of the permit by the building official.

(Code 1973, § 81-12; Code 1982, § 38-7(e); Ord. No. 894; Ord. No. 1872, 3-12-2012)

The zoning administrator or the building inspector, or any authorized person so designated, upon proper identification, shall have the right to enter premises for the purpose of making an inspection or acquiring information to determine whether or not the premises and use of premises conform to the requirements of this chapter.

(Code 1973, § 81-12; Code 1982, § 38-7(f); Ord. No. 894)

(a)

It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain, or use any building or land in violation of any regulation in this chapter, or of any certificate of occupancy issued, hereunder. Any owner or agent of the owner, person, tenant or corporation violating any regulations in, or any provision of, this chapter shall be subject to the provisions of section 33-9 and the penalties found in section 33-10. No provision herein shall be construed to allow the imposition of civil penalties: (i) for activities related to land development; or (ii) for violation of any provision of a local zoning ordinance relating to the posting of signs on public property or public rights-of-way.

(b)

Exception. The zoning administrator is authorized to seek the penalties provided in section 1-12 for violation of sections 48-58, 48-60 and sections. 48-1134 through 48-1150, after a notice to comply has been sent to the property owner or the occupant of the property and the violation remains uncorrected.

(Code 1973, § 81-12; Code 1982, § 38-7(g); Ord. No. 894; Ord. No. 1872, 3-12-2012)

Nothing in this chapter is intended to prevent or to substitute for any legal or equitable remedies, otherwise provided by law to the city, or to property owners or other citizens, which might afford relief in the prevention or abatement of violations of this chapter.

(Code 1973, § 81-12; Code 1982, § 38-7(h); Ord. No. 894)

In accordance with provisions of chapter 17 of the City Charter, the council may, by ordinance, amend, supplement or repeal from time to time any of the provisions of this chapter, or the boundary or classification of any district established hereunder. Any such change may be initiated on its own motion, or on recommendation of the planning commission, or on petition of the owner of record of the subject property, executors, administrators, assigns, contract owners, trustees or, in the event of corporate ownership, by a duly designated officer and the petition shall be duly acknowledged before some officer authorized to take acknowledgment of deeds.

(Code 1973, § 81-6; Code 1982, § 38-4(a); Ord. No. 796; Ord. No. 886; Ord. No. 894; Ord. No. 1092, 1-14-1985; Ord. No. 1332, 11-12-1990; Ord. No. 1468, 3-14-1994; Ord. No. 1616, 7-13-1998; Ord. No. 1695, 3-26-2001; Ord. No. 1734, 5-12-2003)

Charter reference— Amendment of regulations, §§ 17.10—17.14.

State Law reference— Notice of amendments, Code of Virginia, §§ 15.2-2204—15.2-2207.

(a)

Before adopting any proposed amendment, supplement or change to this chapter, the city council shall refer it to the planning commission for a recommendation. The planning commission shall hold at least one public hearing on such matter prior to making a recommendation to the city council. The commission shall provide advertising, written notice and posting of the public hearing in accordance with subsections (c), (d) and (e) of this section.

(b)

The city council shall also hold at least one public hearing on such matter. The council shall provide advertising and posting of the public hearing in accordance with subsections (c) and (e) of this section. In adopting or rejecting an ordinance to amend, supplement or change these regulations, or the boundaries or classification of any district, the council shall act in accord with the applicable sections of chapter 17 of the City Charter.

(c)

The subject of the public hearing need not be advertised in full, but may be advertised by reference. Every such advertisement shall contain a reference to the place within the city where copies of the proposed ordinances or amendments may be examined.

(d)

The planning commission shall not recommend nor the city council adopt any ordinance or amendment until notice of intention so to do has been published once a week for two successive weeks in some newspaper published or having general circulation in the city; provided, that such notice for both the commission and the council may be published concurrently. Such notice shall specify the time and place of hearing at which persons affected may appear and present their views, not less than six days nor more than 21 days after the second advertisement shall appear in such newspaper. The commission and council may hold a joint public hearing after public notice as set forth hereinabove. If such joint hearing is held, then public notice as set forth in this subsection need be given only by the council. The term "two successive weeks," as used in this section, 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 publication.

(e)

When a proposed amendment of this chapter involves a change in the zoning classification of 25 or less parcels of land, then, in addition to the advertising as required in this section, written notice shall be given by the planning commission at least ten days before its hearing to the owners, the owner's agent or the occupant of each parcel involved, and to the owners, agent or the occupant of all property within 150 feet, including property immediately across the street or road from the property affected. Notice shall also be given to the owner, the owner's agent or the occupant of all property within 150 feet, including property immediately across the street from the property affected which lies in an adjoining county. The measurement of the 150-foot requirement, as specified in this subsection, shall not include the width of public streets or rights-of-way. Notice sent by certified mail to the last known address of such owner, as shown on the current real estate tax assessment books, shall be deemed adequate compliance with this requirement. If the hearing is continued, notice shall be remailed. Whenever the notices required hereby are sent by an agency, department or division of the city, such notices may be sent by first class mail; provided that a representative of such agency, department or division shall make affidavit that such mailings have been made and file such affidavit with the papers in the case.

(f)

When a proposed amendment of this chapter involves a change in any district boundary, 15 days' notice of the public hearing shall be given by conspicuous notices posted along the boundary lines of any land involved.

(Code 1973, § 81-6; Code 1982, § 38-4(b); Ord. No. 796; Ord. No. 886; Ord. No. 894; Ord. No. 1092, 1-14-1985; Ord. No. 1332, 11-12-1990; Ord. No. 1468, 3-14-1994; Ord. No. 1616, 7-13-1998; Ord. No. 1695, 3-26-2001; Ord. No. 1734, 5-12-2003)

Charter reference— Amendment of regulations, §§ 17.10—17.14.

State Law reference— Notice of amendments, Code of Virginia, §§ 15.2-2204—15.2-2207.

All applications for amendments to the zoning district map shall be filed on forms provided by the city and shall include the following:

(1)

Three copies of a certified plat of the subject property with the boundaries outlined in red. The certified plat shall show:

a.

Metes and bounds of all property lines and of each zoning district.

b.

Total area of property presented in acres.

c.

Scale and north arrow.

d.

Location of all existing buildings and structures.

e.

Names and route numbers of all boundary roads or streets, and the width of existing rights-of-way.

f.

Name and certificate number of person preparing the plat.

(2)

Three copies of a legal description of the property, including metes and bounds of each zoning district proposed.

(3)

Three copies of a written statement of justification, dated and signed.

(4)

Preliminary survey documents. An accurate survey of existing features on and around the site, as provided for in section 48-1135.

(Code 1973, § 81-6; Code 1982, § 38-4(c); Ord. No. 796; Ord. No. 886; Ord. No. 894; Ord. No. 1092, 1-14-1985; Ord. No. 1332, 11-12-1990; Ord. No. 1468, 3-14-1994; Ord. No. 1616, 7-13-1998; Ord. No. 1695, 3-26-2001; Ord. No. 1734, 5-12-2003)

Charter reference— Amendment of regulations, §§ 17.10—17.14.

State Law reference— Notice of amendments, Code of Virginia, §§ 15.2-2204—15.2-2207.

(a)

As a part of the petition to amend the official zoning district map, reasonable conditions as authorized by Code of Virginia, § 15.2-2286 may be proffered voluntarily by the property owner. Once proffered and accepted as part of an amendment to the official zoning district map, such conditions shall continue in effect until a subsequent amendment changes the zoning of the property covered by such conditions. However, such conditions shall continue if the subsequent amendment is part of a comprehensive implementation of new or substantially revised zoning ordinances.

(b)

Twenty copies of a conceptual development plan shall be submitted with information set forth in this subsection; provided that such conceptual development plan or any element thereof need not be submitted if the planning commission has determined that such plan or element is not necessary for the adequate review of the rezoning application, and that such development as proposed upon rezoning generates no significant adverse impact upon the community or upon the public facilities available to the property. If the applicant places any proffers or conditions, as provided for in this section, on or in the generalized development plan, such proffered conditions shall be clearly identified as such. Such conceptual development plan shall contain the following information:

(1)

Topography with a minimum contour interval of five feet.

(2)

A schematic land use plan, at an appropriate scale, showing the proposed traffic circulation plan including major streets and major pedestrian, bike and/or bridle paths; all proposed major open space areas; the approximate location of all proposed community and public facilities and the proposed plan for all major sanitary sewer and storm drainage improvements; and a schedule showing the number of parking spaces provided and the number required.

(3)

A delineation of those general areas that have scenic assets or natural features deserving of protection and preservation, and a statement of how such will be accomplished.

(4)

A statement explaining the relationship of the development to the adopted master plan.

(5)

A statement and visual presentation of protection of adjacent and neighboring properties from any adverse effects generated by the proposed development; to include vehicular access and site circulation plans; proposed measures of perimeter landscape screening; a minimum ten-foot-wide buffer area generally located between the screening and the proposed use or building in the development; dimensions and treatment of all peripheral yards that will be provided for the site, and other necessary mitigating measures. The buffer shall contain screening elements at least six feet in height consisting of either a masonry wall, a combined earthen berm and dense landscaping, a solid wood fence, or a combination of any of these screening elements.

(6)

A statement setting forth the maximum height of all proposed buildings in the development, and the general location of all those buildings where the height is proposed to exceed 40 feet.

(7)

A statement setting forth the maximum gross floor area and floor area ratio proposed for all uses other than residential.

(8)

A statement or presentation setting forth the maximum number of dwelling units proposed and the density.

(9)

A statement certifying that the proposed development conforms to the provisions of all applicable ordinances, regulations and adopted standards. Any waiver, exception or variance sought by the applicant from such ordinances, regulations and standards shall be specifically noted on the development plan.

(10)

A statement of those special amenities that are proposed within the development.

(11)

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

(12)

Any additional information that the applicant may desire to proffer in the consideration of the application.

(c)

All data containing proffered conditions shall be submitted in writing or by use of demonstrative materials. Such data shall be filed with the planning department not less than 28 days prior to the scheduled date of the public hearing before the planning commission.

(d)

All written proffers shall be filed in triplicate, and all plans, profiles, elevations and other illustrative materials containing proffered conditions shall be filed in 20 copies, and shall be presented on a sheet having a maximum size of 24 inches by 36 inches. If prepared on more than one sheet, match lines shall clearly indicate where the several sheets joint.

(e)

All statements, plans, profiles, elevations and other demonstrative materials containing proffered conditions shall become part of the record of the public hearing on the application for an amendment to the zoning district map; any model shall be accompanied by eight inches by ten inches clear photographs showing a top view, an isometric view and each side view of the model.

(f)

All statements, plans, profiles, elevations and other demonstrative materials containing proffered conditions shall clearly indicate what is being proffered, in the event that a single document contains both proffered conditions and other data not included in the proffer.

(g)

Each separate statement, plan, profile, elevation or other demonstrative material containing a proffered condition shall bear the following statement, signed by the applicant and the owner of the subject property: "I hereby proffer that the development of the subject property shall be in strict accordance with the conditions set forth in this submission."

(h)

Proffered conditions shall be interpreted to include written statements, development plans, profiles, elevations and/or demonstrative materials. The applicant shall be responsible for proffering conditions in a clear and understandable manner and for providing demonstrative material if needed to understand the implications of each proffered condition.

(i)

Once proffered conditions are filed as required in subsection (b) of this section, no additional proffered condition shall be made prior to the planning commission's public hearing on the subject application. Any substantive change in the proffer filed at the planning commission's public hearing may result in continuance of the public hearing in order to provide time for review by the commission and other interested parties.

(j)

Should additional or modified conditions be proffered at the council's public hearing, which conditions were not proffered at the planning commission's public hearing, the application shall be the subject of another public hearing before the planning commission, and subsequently, before the council.

(k)

If the amendment to the official zoning district map is adopted by the city council subject to the conditions proffered by the applicant and owner as set forth above, then the property in question shall be appropriately annotated on the zoning district map referencing the conditions as adopted.

(l)

Such conditions shall become a part of the zoning regulations applicable to the property in question, unless subsequently changed by an amendment to the zoning district map, and such conditions shall be in addition to the specific and general regulations set forth in this chapter for the zoning district in question.

(m)

Upon approval of an application and proffered conditions, any site plan, subdivision plat or development plan thereafter submitted for the development of the property in question shall be in substantial conformity with all proffered statements, plans, profiles, elevations, or other demonstrative materials, and no development shall be approved by any city official in the absence of such substantial conformity.

(n)

For the purposes of this section, the term "substantial conformity" shall mean that level of conformity which leaves a reasonable margin for adjustment due to final engineering data, but which conforms with the general nature of the development, the specific uses and the general layout depicted by the plans, profiles, elevations and other demonstrative materials presented by the applicant.

(o)

Once conditions have been approved and there is cause for an amendment which would not be in substantial conformity with the proffered conditions, then an application shall be filed for an amendment. The planning commission may waive any submission requirement for zoning map amendments, if such requirements are not necessary for an adequate review of the request to modify an approved condition. However, all such applications shall be subject to the public hearings required hereinabove.

(Code 1973, § 81-6; Code 1982, § 38-4(d); Ord. No. 796; Ord. No. 886; Ord. No. 894; Ord. No. 1092, 1-14-1985; Ord. No. 1332, 11-12-1990; Ord. No. 1468, 3-14-1994; Ord. No. 1616, 7-13-1998; Ord. No. 1695, 3-26-2001; Ord. No. 1734, 5-12-2003)

Charter reference— Amendment of regulations, §§ 17.10—17.14.

State Law reference— Notice of amendments, Code of Virginia, §§ 15.2-2204—15.2-2207.

When the council has finally adopted or rejected an ordinance to amend, supplement, or change these regulations, or the boundaries or classification of any district, or when an applicant withdraws his application following planning commission recommendation, the council shall not be required to consider another petition requesting substantially the same change until at least one year has elapsed.

(Code 1973, § 81-6; Code 1982, § 38-4(e); Ord. No. 796; Ord. No. 886; Ord. No. 894; Ord. No. 1092, 1-14-1985; Ord. No. 1332, 11-12-1990; Ord. No. 1468, 3-14-1994; Ord. No. 1616, 7-13-1998; Ord. No. 1695, 3-26-2001; Ord. No. 1734, 5-12-2003)

Charter reference— Amendment of regulations, §§ 17.10—17.14.

State Law reference— Notice of amendments, Code of Virginia, §§ 15.2-2204—15.2-2207.

(a)

The purpose of this section is to provide procedures and criteria for city council approval of special exceptions as permitted within the zoning districts.

(b)

In accord with the provisions of chapter 17 of the city Charter, the city council may provide for the regulation and restriction of the use of land, buildings and structures in the respective zoning districts of the city. The city council may also exercise its discretion by allowing for special exceptions to specific regulations and restrictions of the designated zoning districts of the city.

(c)

All applications for special exceptions shall result in development that promotes the health, safety, and welfare of persons living and working in the area.

(d)

The intent of this subsection is to allow for the consideration of all opportunities to revitalize the office, retail, hotel, and other commercial areas of the city. Residential uses will be considered if they contribute significant positive net revenue benefits to the city and create a vibrant, walkable, environmentally sustainable and inclusive community. Review of proposals will be guided by the needs of the city, market and economic conditions, special characteristics of the parcel being considered, and recommendations for the area as provided in the city's adopted small area plans. These special exception applications will be reviewed using the following primary and secondary criteria to evaluate how the proposed project contributes. Compliance with all of the primary criteria is essential to the character and well-being of the city, whereas the secondary criteria are discretionary in nature.

(1)

Primary criteria:

a.

The resulting development conforms to the city's adopted comprehensive plan, small area plans, and design guidelines;

b.

The resulting development provides for significant new or renovated commercial space and allows for a mix of commercial and residential uses;

c.

The resulting development produces substantial positive net new commercial and residential revenue to the city.

The resulting development in which 75 percent or more of its residential units qualify as affordable housing for low and moderate income purchasers or renters may be exempted from primary criteria contained in subsections (d)(1)b and c of this section.

(2)

Following the evaluation of applications using the primary criteria in subsection (d)(1) of this section, the following secondary criteria will be applied:

a.

The resulting development is compatible with surrounding land uses and planned land uses in size, bulk, and scale;

b.

The resulting development enhances or expands the existing community facilities, such as the schools, multimodal transportation facilities, streetscape and public parking, and water and sewer systems (sanitary and stormwater) and utilizes green rather than grey infrastructure to the fullest extent possible to manage stormwater and to create a healthy and attractive environment for the community;

c.

The resulting development provides community benefits, such as affordable and/or workforce housing, as it is described in article VII of this chapter;

d.

The resulting development contributes to a vibrant, pedestrian-oriented environment, both on site and in relation to adjoining properties, with walkable street level activity throughout the day and evening;

e.

The resulting development offers purposeful and creative use of landscaping, open space and/or public parks, public plazas, and walkways connecting to adjoining properties that incorporates sustainable landscaping and green infrastructure best practices for stormwater mitigation, urban heat island management and wildlife habitat support;

f.

The resulting development provides a variety of commercial and community services and products that are attractive to and meet the needs of all city residents for entertainment, public art, historic, and cultural resources, recreation, dining, retail, and an array of consumable goods;

g.

The resulting development includes and encourages local or independent businesses;

h.

The resulting development provides for a reduction of single-use parking requirements through the use of shared parking and transportation demand management strategies such as bikeshare, car-sharing, and other techniques;

i.

The resulting development encourages multi-modal transportation through design and other techniques, to reduce the reliance on single-occupancy vehicles, and provides sheltered stops for mass transit whenever feasible; and

j.

The resulting development utilizes (Leadership in Energy and Environmental Design) LEED criteria (or other rating systems such as the WELL Building Standard) in the design of the project to achieve high standards for environmental sustainability and climate resilience. Certified projects are encouraged to achieve LEED Gold or greater ratings and deliver a minimum 20 percent improvement in energy performance.

(e)

Special exceptions for cottage housing development will be evaluated using the following criteria that are considered essential to the character and well-being of the city:

(1)

The cottage housing development provides an age-restricted community, as provided for under the Federal Housing for Older Persons Act of 1995, as amended from time to time;

(2)

The cottage housing development provides a coordinated site design that encourages social interaction, minimizes the amount of impervious surfaces, and promotes low impact development;

(3)

The cottage housing development includes community amenities for its residents such as common open space, community buildings and connectivity to surrounding areas that provides for neighborhood interaction, security, and a sense of community;

(4)

The cottage housing development contributes to the neighborhood by including design details that provides a visual connection between the development and the surrounding neighborhood;

(5)

The cottage housing development meets the standards for Leadership in Energy and Environmental Design (LEED) silver certification or an equivalent residential green building certification program in the design of the project. If LEED certification is used, it should incorporate SITES (sustainable landscape) criteria to the extent practical; and

(6)

The entire site area of a cottage housing development is located within 500 linear feet of a designated revitalization area.

(f)

As a part of a petition for a special exception, the city council may impose conditions, as deemed necessary in the public interest to ensure compliance with the provisions in section 48-85. The city manager, or designee, shall lead the negotiation of conditions for the special exception.

(g)

Development phasing, as presented in the phasing plan, shall be governed by the development conditions stated in the resolution.

(h)

No occupancy permit shall be issued for any special use until the applicant has complied with all conditions.

(i)

A special exception will expire within 36 months of the date of approval, if either the use or any new proposed construction is not commenced within such 36-month time period.

(j)

Process. The process for making application for a special exception is as follows:

(1)

Each application for a special exception shall be made to the planning director by the property owner, contract purchaser, or lessee. At the time of application, the applicant shall pay a fee in accordance with a schedule established by the city council.

(2)

Each application for a special exception shall be reviewed by staff. Following the initial staff review, the public hearing process shall proceed as described in section 48-86.

(3)

Application requirements. Each application for a special exception shall include:

a.

A conceptual development plan, prepared at a scale of not less than one inch equals 50 feet;

b.

Location and dimensions of the lot lines and rights-of-way;

c.

Locations and dimensions of all structures and proposed uses within structures, driveways, curb cuts, and parking and loading spaces and aisles;

d.

Sketch of architectural elevations of each facade indicating the height of the structures, architectural style, and building materials;

e.

Statement regarding the impacts on existing community facilities, including the transportation, schools, and water and sewer systems;

f.

Statement regarding conformance with the city's adopted comprehensive plan and design guidelines;

g.

Statement and data regarding the projected net revenues from the project for special exceptions described in subsection (d);

h.

Additional materials, as determined by the planning director, such as a fiscal impact assessment, traffic impact assessment, massing model, cross section drawing, or any other materials may be required to evaluate the proposal;

i.

Statement explaining how the application meets the criteria described in subsections (d)(1) and (2) of this section, or subsection (e), as applicable; and

j.

A phasing plan, if applicable.

(k)

Requests for special exceptions shall be considered following a review and report from the city manager and city attorney of all state statutes referencing municipality's granting of special exceptions prior to city council consideration.

(l)

Requests for special exceptions may be granted in whole, granted in modified form, or denied by the city council after considering the requirements listed in subsection (j)(3) of this section.

(Code 1973, § 81-6; Code 1982, § 38-4(f); Ord. No. 796; Ord. No. 886; Ord. No. 894; Ord. No. 1092, 1-14-1985; Ord. No. 1332, 11-12-1990; Ord. No. 1468, 3-14-1994; Ord. No. 1616, 7-13-1998; Ord. No. 1695, 3-26-2001; Ord. No. 1734, 5-12-2003; Ord. No. 1822, 8-11-2008; Ord. No. 1966, 2-13-2017; Ord. No. 2024, 2-22-2021)

Charter reference— Amendment of regulations, §§ 17.10—17.14.

State Law reference— Notice of amendments, Code of Virginia, §§ 15.2-2204—15.2-2207.

A filing fee, as may be determined from time to time by resolution of the council, shall be charged for accepting any petition for a zoning amendment, supplement or change.

(Code 1973, § 81-6; Code 1982, § 38-4(g); Ord. No. 796; Ord. No. 886; Ord. No. 894; Ord. No. 1092, 1-14-1985; Ord. No. 1332, 11-12-1990; Ord. No. 1468, 3-14-1994; Ord. No. 1616, 7-13-1998; Ord. No. 1695, 3-26-2001; Ord. No. 1734, 5-12-2003)

Charter reference— Amendment of regulations, §§ 17.10—17.14.

State Law reference— Notice of amendments, Code of Virginia, §§ 15.2-2204—15.2-2207.

The planning commission may prepare and recommend to the council an official design for any area of the city located in the O-D district and containing a minimum area of not less than five acres. Such official design may show the proposed use and development of land within the area, the location, height, area, bulk, size, design, use and appearance of buildings, arrangement of open spaces, location are arrangement of driveways, walkways and vehicular parking areas, and such other matters as will produce an orderly, harmonious and appropriate development of the area with due regard to its special characteristics and peculiar suitability for particular uses. In addition to the uses permitted in article IV, division 13 of this chapter, other uses may be permitted by such design as may be appropriate to the general character of development proposed for the area.

(Code 1973, § 81-8; Code 1982, § 38-5(a))

Before recommending any official design to the council, the planning commission shall hold a hearing thereon, the time and place of which shall be published in a newspaper of general circulation in the city at least 15 days in advance. A postcard notice of such hearing shall be mailed 15 days in advance to the owner of each property within the area, as shown on the records of the commissioner of revenue. Upon receipt of the planning commission's recommendation, the council may adopt the official design by resolution, provided the area lies within an O-D, official design district shown upon the official zoning district map.

(Code 1973, § 81-8; Code 1982, § 38-5(b))

From and after the time of adoption of an official design as provided herein, and its incorporation into the master plan of the city as required by the Charter, no structure shall be erected or built, and no existing structure shall be moved, altered or enlarged, nor shall any land be used, within the area covered by such design, except in conformity with such design.

(Code 1973, § 81-8; Code 1982, § 38-5(c))

It is the intent of this division that nonconforming uses are inconsistent with the purpose of this chapter. They are recognized and permitted to continue only because they are antecedent to the chapter, that they are restricted closely, and that although they may be continued, they shall not be enlarged or extended.

(Code 1973, § 81-10; Code 1982, § 38-6(a); Ord. No. 1191, 6-22-1987; Ord. No. 1686, 8-14-2000)

Except as otherwise provided herein, any lawful use, building or structure existing at the time of adoption of the ordinance from which this division is derived may be continued, even though such use, building or structure may not conform to the provisions for the district in which it is located. Such use, building, or structure shall be deemed a nonconforming use.

(Code 1973, § 81-10; Code 1982, § 38-6(b); Ord. No. 1191, 6-22-1987; Ord. No. 1686, 8-14-2000)

Nonconforming uses or buildings shall not be enlarged, extended, reconstructed, substituted or structurally altered, except when required to do so by law or order, unless the use is changed to a use permitted in the district in which it is located, except as follows:

(1)

Extension. Any such use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption of the ordinance from which this division is derived, but may not be extended to occupy any land outside such building. The nonconforming use of land may not be extended.

(2)

Replacement. If any building in or on which a nonconforming use is maintained is moved for any distance whatsoever, or if such building is removed or demolished, or if such building is damaged by fire, flood, storm or any means whatsoever to an extent equal to 75 percent of its assessed value for the year in which such damage occurs, the right of such assessed value for the year in which such damage occurs, the right of such nonconforming use to continue shall cease at the time of such moving, removal or damage and no further use shall be made of the property, except as permitted in the district in which it is located.

(3)

Extension of a principal residential structure in the R-1A, R-1B, or R-C district. In an R-1A, R-1B, or R-C district, where an existing principal residential structure is nonconforming with respect to any current setback requirement, a structural addition which would occupy a required side or rear yard setback area may be approved by the zoning administrator; provided that:

a.

No portion of the addition would be closer to a front or side lot line than the existing structure;

b.

No portion of the addition would be less than ten feet from a side lot line in an R-1A district, less than seven feet from a side lot line in an R-1B district, or less than ten feet from the side or rear perimeter setback line for the R-C district; and

c.

No portion of the addition would extend from the existing structure toward the required rear yard a distance greater than 15 feet in the R-1A and R-1B districts.

However, the zoning administrator may deny such application and refer the application to the board of zoning appeals for consideration of a variance, as set forth in section 48-172(3); when, in the judgment of the zoning administrator, the application presents an unusual or peculiar circumstance such as the configuration of the lot, topography, safety, or other conditions which would adversely affect neighboring properties.

(Code 1973, § 81-10; Code 1982, § 38-6(c); Ord. No. 1191, 6-22-1987; Ord. No. 1686, 8-14-2000; Ord. No. 2088, 4-14-2025)

(a)

Any building, structure or premises where a nonconforming use has ceased for one year or more shall not again be put to a nonconforming use.

(b)

All nonconforming uses of land not involving any building or structure having an assessed value of more than $500.00, and all nonconforming buildings and structures having an assessed value of not more than $500.00 each, and all signs, billboards and commercial advertising structures may be continued for a period of two years after the adoption of the ordinance from which this section is derived, after which time they shall be made to conform to the provisions of this chapter or shall be removed.

(c)

Any other nonconforming use in an R district which is first permitted in a B-2, B-3, or M-1 district, or which is not permitted in any district, may be continued for a period of ten years after the adoption hereof; except, where the building inspector finds that a nonconforming use is located in a building of less than 30 years of age, or substantial alteration has taken place at least to the extent that the value of the alteration was 25 percent of the assessed value of such building at the time of alteration, then the nonconforming use may be continued until the building becomes 30 years old, or until 30 years from the date of completion of such alteration shall have elapsed, after any of which the nonconforming use shall cease.

(Code 1973, § 81-10; Code 1982, § 38-6(d); Ord. No. 1191, 6-22-1987; Ord. No. 1686, 8-14-2000)