This chapter, the full title of which is "Zoning and Subdivision Ordinance, Town of Farmville, Virginia," may, for convenience, be referred to as the "Farmville Zoning and Subdivision Ordinance," and the accompanying map, titled "Zoning Map, Town of Farmville, Virginia," may be referred to as the "Farmville Zoning Map."

(Ord. No. 196, 6-10-2020)

(a)

Pursuant to Code of Virginia, § 15.2-2280 et seq., the town is given the authority to classify and regulate land development under its jurisdiction.

(b)

Pursuant to Code of Virginia, § 15.2-2240, et seq., the town is authorized to adopt regulations to assure the orderly subdivision of land and its development.

(c)

The town's comprehensive plan embodies the community's vision and goals. Two (2) primary mechanisms for achieving the town's land use goals are the zoning and subdivision ordinances. The zoning ordinance sets forth the regulations that legally enforce land use policies and establishes the rules guiding the development of land within the town. Similarly, the subdivision ordinance establishes the rules by which land can be divided, often setting the stage for subsequent development under the zoning regulations. These two (2) land use tools work hand in hand to help achieve the town's vision regarding land use and the overall well-being of the community.

(Ord. No. 196, 6-10-2020)

This chapter, and any amendments hereto, have been adopted for the general purpose of implementing the Comprehensive Plan of the Town of Farmville; for the purpose of promoting the health, safety, or general welfare of the public; and of further accomplishing the objectives of Code of Virginia, § 15.2-2283. To these ends, this chapter is designed to give reasonable consideration to each of the following purposes:

(1)

Provide for adequate light, air, convenience of access, and safety from fire, flood, crime, and other dangers;

(2)

Reduce or prevent congestion in the public streets;

(3)

Facilitate the creation of a convenient, attractive, and harmonious community;

(4)

Facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports and other public requirements;

(5)

Protect against destruction of, or encroachment upon, historic areas;

(6)

Protect against one (1) or more of the following: overcrowding of land, undue density of population in relation to the community facilities existing or available, obstruction of light and air, danger and congestion in travel and transportation, or loss of life, health or property from fire, flood, panic, or other dangers;

(7)

Encourage economic development activities that provide desirable employment and enlarge the tax base;

(8)

Provide for the preservation of agricultural and forest lands and other lands of significance for the protection of the natural environment;

(9)

Promote the creation and preservation of affordable housing suitable for meeting the current and future needs of the city;

(10)

Protect surface and groundwater resources.

(11)

Provide for plat details which shall meet the standard for plats as adopted under § 42.1-82 of the Virginia Public Records Act (§ 42.1-76 et seq.).

(12)

For the coordination of streets within and contiguous to the subdivision with other existing or planned streets within the general area as to location, widths, grades, and drainage.

(13)

For adequate provisions for drainage and flood control and other public purposes, and for light and air, and for identifying soil characteristics.

(14)

For the extent to which and the manner in which streets shall be graded, graveled, or otherwise improved, and water, storm, sanitary sewer, and other public utilities or other community facilities are to be installed.

(15)

For the acceptance of dedication for public use of any right-of-way located within any subdivision which has constructed therein, or proposed to be constructed therein, any street, curb, gutter, sidewalk, drainage or sewage system, or other improvement, financed, or to be financed, in whole or in part by private funds in accordance with Code of Virginia, § 15.2-2241(A)(5).

(16)

For conveyance of common or shared easements to franchised cable television operators furnishing cable television and public service corporations furnishing cable television, gas, telephone and electric service to the proposed subdivision in accordance with Code of Virginia, § 15.2-2241(A)(6).

(17)

For monuments of specific types to be installed establishing street and property lines.

(18)

That unless a plat is filed for recordation within six (6) months after final approval thereof or such longer period as may be approved by the governing body, such approval shall be withdrawn and the plat marked void and returned to the approving official in accordance with Code of Virginia, § 15.2-2241(A)(8).

(19)

For the administration and enforcement of such ordinance, not inconsistent with provisions contained in this chapter, and specifically for the imposition of reasonable fees and charges for the review of plats and plans, and for the inspection of facilities required by any such ordinance to be installed; such fees and charges shall in no instance exceed an amount commensurate with the services rendered taking into consideration the time, skill and administrator's expense involved. All such charges heretofore made are hereby validated.

(20)

For reasonable provisions permitting a single division of a lot or parcel for the purpose of sale or gift to a member of the immediate family of the property owner in accordance with the provisions of Code of Virginia, § 15.2-2244.

(21)

For the periodic partial and final complete release of any bond, escrow, letter of credit, or other performance guarantee required by the governing body under this section in accordance with the provisions of Code of Virginia, § 15.2-2245.

(22)

No locality shall require that any certified check, cash escrow, bond, letter of credit or other performance guarantee furnished pursuant to this chapter apply to, or include the cost of, any facility or improvement unless such facility or improvement is shown or described on the approved plat or plan of the project for which such guarantee is being furnished in accordance with Code of Virginia, § 15.2-2241(B).

(Ord. No. 196, 6-10-2020)

(a)

The provisions of this chapter shall apply to all property within the corporation limits of the town with the exception that any property held in fee simple ownership by the United States of America or the commonwealth shall not be subject to the provisions contained herein.

(b)

Pursuant to Code of Virginia, § 15.2-2316, any zoning ordinance adopted by the town prior to January 1, 1971, which shall have been in substantial compliance with the provisions of this chapter are validated and confirmed.

(c)

This chapter shall not be deemed to interfere with or abrogate or annul or otherwise affect, in any manner whatsoever, any easements, covenants, or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger open spaces than are imposed or required by other ordinances, rules, regulations, permits, or by easements, covenants or agreements, the provisions of this chapter shall prevail.

(Ord. No. 196, 6-10-2020)

Should any section or any provision of this chapter be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any part thereof other than the part so held to be unconstitutional or invalid.

(Ord. No. 196, 6-10-2020)

(a)

Powers and duties.

(1)

This chapter shall be enforced by the zoning administrator, who shall be appointed by the town council. The administrator shall serve at the pleasure of the town council and shall have such duties as are conferred on him by this chapter and the Code of Virginia, § 15.2-2286(4). The zoning administrator may also hold another office in the town.

(2)

The subdivision agent shall consult with the planning commission on matters contained within article VI; and in the performance of his duties the agent may call for opinions or decisions, either verbal or written, from other departments in considering details of any submitted plat.

(3)

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

(b)

Modifications from zoning ordinance.

(1)

Pursuant to Code of Virginia, § 15.2-2286(4), the zoning administrator shall be authorized to grant a modification from any provision contained in the zoning ordinance with respect to physical requirements on a lot or parcel of land, including but not limited to size, height, location or features of or related to any building, structure, or improvements, if the administrator finds in writing that:

a.

The strict application of the ordinance would produce undue hardship;

b.

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

c.

Authorization of the modification will not be of substantial detriment to adjacent property and the character of the zoning district will not be changed by granting of the modification.

(2)

Prior to the granting of a modification, the zoning administrator shall give, or require the applicant to give, all adjoining property owners written notice of the request for modification, and an opportunity to respond to the request within twenty-one (21) days of the date of the notice. The zoning administrator shall make a decision on the application for modification and issue a written decision with a copy provided to the applicant and any adjoining landowner who responded in writing to the notice sent pursuant to this paragraph. The decision of the zoning administrator shall constitute a decision within the purview and may be appealed to the board of zoning appeals as provided by article II, section 6. Decisions of the board of zoning appeals may be appealed to the circuit court of Prince Edward County.

(c)

Minimum submission standards for applications.

(1)

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

(2)

Upon written request by an applicant, the zoning administrator or his or her agent may waive or modify a submission requirement or requirements upon a determination that the information is not necessary to evaluate the merits of the application.

(d)

Vested rights, not impaired. The provisions of this chapter shall not impair a vested right of a property owner. The zoning administrator shall be authorized to make determinations on whether a property owner's rights are deemed vested in a land use. Vested rights determinations shall be made in accordance with Code of Virginia, § 15.2-2307.

(Ord. No. 196, 6-10-2020)

(a)

Planning commission.

(1)

Appointment; membership. The planning commission shall be created and organized pursuant to Code of Virginia, § 15.2-2210 and § 15.2-2212, and as follows:

a.

A planning commission, consisting of at least five (5) members, shall be appointed by the town council. All members must be residents of the town, with at least half of the members owning property in the town.

b.

All voting members, who shall be known as appointed members, shall be registered voters of the town residing within its corporate limits, and shall be qualified by knowledge and experience to make decisions on questions of community growth and development.

c.

Town council shall appoint one (1) member from each town ward and two (2) at-large members. In the event that a vacancy on the planning commission cannot be filled with a qualified candidate from a specific ward, town council shall fill that vacancy by appointing a qualified candidate from any of the other wards.

d.

In addition to the voting members appointed by town council, town council may also appoint ex-officio members comprised of staff administration, who shall have no power to vote. The role of ex-officio members shall be to assist and advise the voting members, and ex-officio members shall not be subject to the same residential or other requirements as voting members.

e.

The term of office shall be for four (4) years. Vacancies shall be filled by appointment for the unexpired term only. Ex-officio members shall be appointed by town council at its first regular meeting in July.

f.

All voting members of the planning commission shall serve with compensation as set by town council. The appointed members shall hold no other municipal office or position, except that they may serve on the board of zoning appeals.

g.

The board shall choose annually its own chairperson and vice-chairperson. They shall hold office as such for one (1) year with eligibility for re-election. The vice-chairperson shall act in the absence of the chairperson.

h.

Any member may be removed from the planning commission by the town council for inefficiency, neglect of duty, or malfeasance in office; but such removal shall not be had unless and until a complaint, in writing, is filed in the town clerk's office. Such complaint shall state with reasonable accuracy and detail the grounds or reasons for removal of the member of whom complaint is made and shall be signed by the mayor after proper order by the town council entered on the minutes of the minute book. A notice of the time and place of hearing, together with a copy of the complaint, shall be served upon the member. No such hearing shall be had until and unless such notice has been served upon the member at least thirty (30) days prior to date of hearing. The mayor shall fill all vacancies.

(2)

Power and duties. The planning commission shall have the powers and duties established by Code of Virginia, § 15.2-2221 and as follows:

a.

To hear and make recommendations to the town council on applications for conditional use permits; zoning text or map amendments; and the preparation and recommendation to town council of a comprehensive plan.

b.

The planning commission may appoint as allowed by the Code of Virginia, § 15.2-2217 such employees as it may deem necessary for its work. The planning commission may also contract with town planners, engineers, architects, and other consultants for such services as it may require. the expenditure of the planning commission, exclusive of gifts to the planning commission, shall be within the amounts appropriated by the town council for that purpose.

c.

Any other duties delegated by the town council.

(3)

Rules and regulations; meetings. The planning commission shall conduct meetings pursuant to Code of Virginia, §§ 15.2-2214—2217 and as follows:

a.

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

b.

Pursuant to Code of Virginia, § 15.2-2287, members are required to disclose any property interest in petitions brought before the planning commission and may be disqualified from acting upon the matter.

c.

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

d.

Special meetings of the planning commission may be called by the chairman or by two (2) members upon written request to the secretary.

e.

The planning commission shall keep minutes of its proceedings, showing the vote of each member, all of which shall be public record.

f.

All meetings of the planning commission shall be open to the public.

g.

A quorum shall be at least four (4) members.

(b)

Board of zoning appeals.

(1)

Appointment; membership. Pursuant to Code of Virginia, § 15.2-2308, a board of zoning appeals shall be created and organized as follows:

a.

A board of zoning appeals consisting of five (5) members shall be appointed by the circuit court of Prince Edward County. Board members shall receive salaries or other compensation for their services as shall be fixed by the town council. Appointments for vacancies occurring otherwise than by expiration of term shall in all cases be for the unexpired term.

b.

The term of office shall be for five (5) years; except, that of the first five (5) members appointed, one (1) shall serve for five (5) years, one (1) for four (4) years, one (1) for three (3) years, one (1) for two (2) years and one (1) for one (1) year. One (1) of the five (5) appointed members shall be an active member of the planning commission.

c.

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

d.

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

e.

The board shall choose annually its own chairperson and vice-chairperson. The vice-chairperson shall act in the absence of the chairperson.

(2)

Power and duties. Pursuant to Code of Virginia, § 15.2-2309, a board of zoning appeals shall have the following powers and duties:

a.

Appeals.

1.

To hear and decide appeals from any order, requirement, decision, or determination made by an administrative officer in the administration or enforcement of this chapter.

2.

No such appeal shall be heard except after notice and hearing as provided by Code of Virginia, § 15.2-2204.

b.

Variance.

1.

To authorize upon appeal or original application a variance, as defined in Code of Virginia, § 15.2-2201, from the terms of this chapter when a literal enforcement of the provisions of this chapter will result in unnecessary hardship; provided that the spirit of this chapter shall be observed and substantial justice done.

2.

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

c.

Boundary interpretations.

1.

To hear and decide applications for interpretation of the district map where there is any uncertainty as to the location of a district boundary. After notice to the owners of the property affected by any such question, and after public hearing with notice as required by Code of Virginia, § 15.2-2204, the board may interpret the map in such way as to carry out the intent and purpose of this chapter for the particular section or district in question.

2.

The board shall not have the power to change substantially the locations of district boundaries as established by ordinance.

3.

No provision of this section shall be construed as granting the board the power to rezone property.

(3)

Rules and regulations; meetings.

a.

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

b.

The board may adopt policies regarding ex parte communication that are accordance with Code of Virginia, § 15.2-2308.1.

c.

Pursuant to Code of Virginia, § 15.2-2287, members shall be required to disclose any property interest in petitions brought before the board and may be disqualified from acting upon the matter.

d.

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

e.

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

f.

The board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact. It shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be public record.

g.

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

h.

A quorum shall be at least three (3) members.

i.

A favorable vote of three (3) members of the board shall be necessary to reverse any order, requirement, decision or determination of any administrative official or to decide in favor of the applicant on any matter on which the board is required to pass.

(Ord. No. 196, 6-10-2020)

(a)

Outstanding fees; taxes.

(1)

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

(b)

Zoning permits.

(1)

Purpose and intent. The purpose of this section is to establish a procedure for the review of proposed development to ensure its compliance with the requirements of this chapter.

(2)

Applicability. Pursuant to the permitted provisions of Code of Virginia, § 15.2-2286, a zoning permit, obtained from the zoning administrator, is required before any building or structure in the town shall be started, reconstructed, enlarged, or altered.

(3)

Standards and procedures.

a.

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

1.

Each application for a zoning permit shall be accompanied by two (2) copies of a drawing showing dimensions of the structure and lot. The drawing shall show the size and shape of the parcel of land on which the proposed building is to be constructed, the nature of the proposed use of the building or land, and the location of such building or use with respect to the property lines of the parcel of land and to the right-of-way of any street or highway adjoining the parcel of land. Any other information which the administrator may deem necessary for consideration of the application may be required.

b.

The zoning administrator shall act on a zoning permit application without public notice, except as set forth within Code of Virginia, § 15.2-2204(H).

c.

If the proposed building or use is in conformity with the provisions of this chapter, a permit shall be issued to the applicant by the administrator. One (1) copy of the drawing shall be returned to the applicant with the permit.

(4)

Appeal. Any applicant or person aggrieved by the application decision shall have the right to appeal the decision pursuant to the procedures set forth in section 29-16.

(c)

Conditional use permit.

(1)

Purpose and intent. A use requiring a conditional use permit is a use that may be appropriate in a zoning district, but because of its nature, extent, and 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 section is to establish procedures and standards for review and approval of use permits that provide for such special consideration.

(2)

Applicability. A use permit is required for development of any use designated in article III table 1: zoning use matrix, as a use requiring a use permit in accordance with this section, and pursuant to Code of Virginia, § 15.2-2286.

(3)

Standards and procedures.

a.

Application.

1.

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

2.

Pursuant to Code of Virginia, § 15.2-2289, all applicants must disclose all equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers and directors and in any case the names and addresses of all of the real parties of interest.

b.

Public notice.

1.

In accordance with the Code of Virginia, § 15.2-2204, the planning commission shall not provide town council its recommendation regarding any application for a conditional use permit until it has held a duly-advertised public hearing. Similarly, town council shall not approve any conditional use permit until it has held a duly-advertised public hearing. Notice of public hearings shall be published once a week for two (2) successive weeks in some newspaper published or having general circulation in the town, provided that such notice for both the planning commission and the town council may be published concurrently. Such notice shall specify the time and place of a hearing at which persons affected may appear and present their views, not less than five (5) days nor more than twenty-one (21) days after the second advertisement shall appear in such newspaper. The subject matter of the public hearing need not be advertised in full but may be advertised by reference. Each such advertisement shall contain a reference to the places within the town where copies of the proposed plans, ordinances or amendments may be examined. The planning commission and town 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 above need be given only by the town council. The term "two (2) 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 (6) days elapsing between the first and second publications.

2.

Pursuant to Code of Virginia, § 15.2-2206, the town may require the applicant to give written notice to those persons who own property, any portion of which abuts the subject property, and all property which is directly across the street from any portion of the subject property, as determined by the town's real property tax records. This notice shall give the date, provide the time and place of the hearing, identify the property which is the subject of the application, and give a brief description of the proposed action. This notice shall be mailed a minimum of ten (10) days prior to the date of the public hearing. The list of property owners and the content of the notice shall be approved by the zoning administrator prior to mailing.

3.

The applicant may also be required to place a sign provided by the Town on the subject property which indicates that this action is pending. This sign shall be located to be clearly visible from the street.

c.

Standards for review.

1.

Conditional use permits may be issued for any of the uses for which a conditional use permit is required by the provisions of this chapter, provided that the governing body, upon a recommendation by the planning commission, shall find that:

A.

The proposed use will not affect adversely the health or safety of persons residing or working in the neighborhood of the proposed use.

B.

The proposed use will not be detrimental to the public welfare or unduly injurious to property values or improvements in the neighborhood.

C.

The proposed use will not be in conflict with the policies and principles of the town's adopted comprehensive plan.

D.

Adequate public services, including streets and other trafficways, utilities, police and fire protection, are or reasonably will be available to support the proposed use.

2.

In granting any conditional use permit, the governing body shall give due consideration to these relevant factors, as well as to any other reasonable land use and zoning considerations as may be required by the nature of the proposed use or as may be otherwise appropriate to effectuate the intent of this chapter, and the governing body shall designate such conditions as it deems necessary to carry out the intent of this chapter. The application for such conditional use permit shall be accompanied by such written and graphic material as may be necessary to enable the planning commission and the governing body to make the recommendation and findings set forth above.

d.

Effect of Decision; Period of Validity.

1.

A conditional use permit authorizes only the particular use(s) and associated development that is approved. A conditional use permit, including any approved plans and conditions, shall run with the land and shall not be affected by a change in ownership.

2.

Construction or operation shall commence within one (1) year of the date of issuance or the conditional use permit shall become void.

3.

No reapplication for a conditional use permit for the same or substantially the same application shall be considered by the governing body within a period of one (1) year from its last consideration. This provision, however, shall not impair the right of the governing body to propose a conditional use permit on its own motion.

4.

Should the use approved by the conditional use permit cease for any twenty-four-month period during the life of the permit, the conditional use permit shall become void.

(4)

Appeal. Any applicant or person aggrieved by the application decision shall have the right to appeal the decision pursuant to the procedures set forth in section 29-16.

(d)

Variance.

(1)

Purpose and intent. Pursuant to Code of Virginia, § 15.2-2309, the purpose of a variance is to allow for a reasonable deviation from the provisions of this chapter 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, and 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.

(2)

Standards and procedures.

a.

Authority.

1.

Pursuant to Code or Virginia, § 15.2-2309(2), the board of zoning appeals is authorized to review upon appeal or original application petitions for a variance, provided that the burden of proof shall be on the applicant for a variance to prove by a preponderance of the evidence that the application meets the standard for a variance and the criteria set out in this section.

2.

The board of zoning appeals may approve, approve with conditions, or deny an application for a variance permit in accordance with the procedures and standards of this section.

b.

Application.

1.

Pursuant to Code of Virginia, § 15.2-2310, application for a variance may be made by any property owner, tenant, government official, department, board, or bureau. Applications shall be made to the zoning administrator in accordance with rules adopted by the board of zoning appeals. The application and accompanying maps, plans or other information shall be transmitted promptly to the secretary of the board of zoning appeals who shall place the matter on the docket to be acted upon by the board of zoning appeals. The zoning administrator shall also transmit a copy of the application to the local planning commission which may send a recommendation to the board or appear as a party at the hearing.

2.

Pursuant to Code of Virginia, § 15.2-2289, all applicants must disclose all equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers and directors and in any case the names and addresses of all of the real parties of interest.

c.

Public notice.

1.

In accordance with Code of Virginia, § 15.2-2204, no variance shall be approved until a public hearing have been held in accordance with the Code of Virginia. Notice of public hearings shall be published once a week for two (2) successive weeks in some newspaper published or having general circulation in the town. Such notice shall specify the time and place of a hearing at which persons affected may appear and present their views, not less than five (5) days nor more than twenty-one (21) days after the second advertisement shall appear in such newspaper. The subject matter of the public hearing need not be advertised in full but may be advertised by reference. Each such advertisement shall contain a reference to the places within the town where copies of the proposed plans, ordinances or amendments may be examined. The term "two (2) 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 (6) days elapsing between the first and second publications.

2.

Pursuant to Code of Virginia, § 15.2-2206, the applicant shall give written notice to those persons who own property, any portion of which abuts the subject property, and all property which is directly across the street from any portion of the subject property, as determined by the town's real property tax records. This notice shall give the date, time and place of the hearing, identify the property which is the subject of the application and give a brief description of the proposed action. This notice shall be mailed a minimum of ten (10) days prior to the date of the public hearing. The list of property owners and the content of the notice shall be approved by the zoning administrator prior to mailing.

3.

The applicant shall place a sign provided by the town on the subject property which indicates that this action is pending. This sign shall be located to be clearly visible from the street.

d.

Standards for review. Pursuant to the Code of Virginia, § 15.2-2309(2), 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 improvements thereon at the time of the effective date of the ordinance, and:

1.

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;

2.

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

3.

The condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practical the formulation of a general regulation to be adopted as an amendment to the ordinance;

4.

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;

5.

The relief or remedy sought by the variance application is not available through a special exception process that is authorized in this chapter pursuant to Code of Virginia, § 15.2-2309(6) or the process for modification of a zoning ordinance pursuant to Code of Virginia, § 15.2-2286(A)(4) at the time of the filing of the variance application.

e.

Effect of decision; period of validity.

1.

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.

2.

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

3.

Appeals. Any person jointly or severally aggrieved by any decision of the board of zoning appeals, or any aggrieved taxpayer or any officer, department, commission, or the town, within thirty (30) days of the date of the decision, may appeal the decision of the board of zoning appeals on a variance to the circuit court of Prince Edward County in accordance with Code of Virginia, § 15.2-2314.

(e)

Site plans.

(1)

Purpose and intent. The purpose of this section is to promote the orderly development of certain activities in the town and to ensure that such activities are developed 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 the project's compatibility with its environment; to review the ability of the project's traffic circulation system to provide for the convenient and safe internal and external movement of vehicles and pedestrians; to review the quantity, quality, utility and type of the project's required community facilities; and to review the location and adequacy of the project's provision for drainage and utilities.

(2)

Applicability of requirements.

a.

Pursuant to Code of Virginia, § 15.2-2286(A)(8), no building permit or zoning permit shall be issued involving construction or exterior modifications to a structure until a site plan has been issued in accordance with the procedures established herein. Site plans are required and shall be submitted for all new structures, all renovated structures, and all additions to existing structures, with the following exceptions:

1.

Individual single family dwellings.

2.

Individual two (2) family dwellings.

3.

Accessory uses where the area of land disturbance is less than two thousand five hundred (2,500) square feet.

4.

Bona fide agricultural operations and the customary accessory uses and structures associated with bona fide agricultural operations.

5.

Filling and grading operations where the area of land disturbance is less than two thousand five hundred (2,500) square feet where no impervious structures, surfaces or improvements will be installed and no clearing undertaken.

b.

Where a change of use of an existing structure requires additional parking or other requirements applicable to a new use, a site plan shall be submitted for review to ensure that the change of use can be accomplished within the purpose and intent of this chapter.

(3)

Waiver of requirements.

a.

Any requirement of this section may be waived by the administrator with the approval of the planning commission where the waiver is not adverse to the purpose of this section and the applicant establishes that in this specific case an undue hardship would result from a strict enforcement of this section, or that the requirement is unreasonable.

b.

The administrator, with the approval of the planning commission, may waive the requirements for site plan review for additions to buildings, structures, or uses, if in his opinion such addition does not substantially affect the purpose and intent of this section.

(4)

Specifications and contents.

a.

Prior to the submittal of a site plan a preapplication meeting must be held between the applicant and the zoning administrator, unless otherwise waived by the zoning administrator.

b.

Every site plan shall be prepared in accordance with the following specifications:

1.

The scale shall not be less than fifty (50) feet to one (1) inch.

2.

All site plans shall be submitted on twenty-four-inch by thirty-six-inch sheets.

3.

If the site plan is prepared on more than one (1) sheet, match lines shall clearly indicate where the several sheets join.

4.

Horizontal dimensions shall be in feet and decimals of feet to the closest 1/100 of a foot.

5.

The north point, scale, and date.

c.

The site plan, or any portion thereof, involving engineering, urban planning, landscape architecture, architecture, or land surveying shall be prepared by qualified persons. Site plans shall be certified by an architect, engineer, or land surveyor licensed to practice by the state within the limits of their respective licenses. The site plan shall provide the following:

1.

A boundary survey of the tract.

2.

A certificate, signed by the surveyor or engineer, setting forth the source of title of the owner of the tract and the place of record of the last instrument in the chain of title.

3.

All existing and proposed streets and easements, their names, numbers and widths.

4.

Existing and proposed utilities.

5.

Property owners, zoning, and present use of adjoining property.

6.

Location, type, and size of vehicular entrances to the site.

7.

Locations, types, sizes, and heights of fencing, retaining walls, and screen planting where required.

8.

All off-street parking, loading spaces, and walkways, indicating type of surfacing, size, angle of stalls, width of aisles, and a specific schedule showing the number of parking spaces provided and the number required in accordance with section 29-33.

9.

Number of floors, floor area, height, and location of each building and proposed general use for each building. If a multi-family residential building, the number, size, and type of dwelling units.

10.

All existing and proposed water and sanitary sewer facilities, indicating all pipe sizes, types, and grades and where connection is to be made.

11.

Provisions for the adequate disposition of natural and storm water, indicating locations, sizes, types and grades of ditches, catch basins and pipes and connections to existing drainage system.

12.

Existing topography, with a maximum of two-foot contour intervals. Where existing ground is on a slope of less than two (2) percent, either one-foot contours or spot elevations where necessary, but not more than fifty (50) feet apart in both directions.

13.

Proposed finished grading by contours, supplemented where necessary by spot elevations.

14.

A landscape plan demonstrating at a minimum the type, size and location of plantings.

15.

Other items as may be requested by the zoning administrator, his authorized agent, or the planning commission in consideration of the application.

16.

Construction of a 5' sidewalk along the street and roadway and a 5' sidewalk leading to the structure.

d.

All applications for development within any floodplain district and all building permits issued for the floodplain shall, in addition to the site plan requirements above, also incorporate the following information:

1.

The elevation of the one-hundred-year flood at the site. The proposed lowest floor elevation of any proposed building based upon National Geodetic Vertical Datum of 1929.

2.

For structures to be elevated, the elevation of the lowest floor (including basement).

3.

For non-residential structures to be floodproofed in accordance with this section, the elevation to which the structure will be floodproofed.

4.

Information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a one-hundred-year flood, if available.

5.

Documentation, certified by a registered engineer or architect, which states that the proposed construction or development, including floodproofing and anchoring methods, has been adequately designed to withstand the pressures, velocities, and impact and uplift forces associated with the one-hundred-year flood. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure and/or the development.

6.

Topographic information showing existing and proposed ground elevations.

7.

Manufactured homes. Manufactured homes that are placed or substantially improved on sites shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

e.

Review and approval.

1.

Unless otherwise provided in another article of this chapter, every site plan required by this article shall be submitted to the zoning administrator who shall take the following actions:

A.

Review the plans for conformity with the comprehensive plan, the zoning ordinance, and other applicable development regulations.

B.

Place the plan on the agenda of the planning commission and arrange for public notices as required by law.

2.

Pursuant to Code of Virginia, § 15.2-2259, the site plan shall be approved within sixty (60) days after it has been officially submitted for approval if it is found to be adequate with respect to:

A.

Locations and design of vehicular entrances and exits in relation to streets giving access to the site and in relation to pedestrian traffic.

B.

Locations and adequacy of automobile parking areas.

C.

Adequate provision for traffic circulation and control within the site and provision for access to adjoining property.

D.

Compliance with the requirements for setback and screening.

E.

Adequacy of drainage, water supply, fire protection, and sanitary sewer facilities.

F.

Compliance with applicable zoning and subdivision requirements, established design criteria, construction standards, and specifications for all improvements.

G.

Adequacy of proposed landscaping for softening the harsh visual effects of parking lots and for providing screening between the development and the street and surrounding lots.

(5)

Period of validity.

a.

Approval of a site plan submitted under the provisions of this article shall expire five (5) years after the date of such approval unless building permits have been obtained for construction in accordance therewith.

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.

(f)

Amendments. If it becomes necessary for an approved site plan to be changed, the administrator shall, at the applicant's request, either administratively approve an amendment to the site plan or, if the change is major, require that a new site plan be drawn and submitted for review and action in accordance with this section.

(Ord. No. 196, 6-10-2020; Ord. No. 233, § 1, 6-12-2024)

(a)

Zoning text and map amendments.

(1)

In general. Pursuant to Code of Virginia, § 15.2-2286(7), whenever public necessity, convenience, general welfare, or good zoning practice requires, the town council may, from time to time, amend, supplement or change, by ordinance, the boundaries of the districts or the regulations established in this chapter. Such change shall require a majority vote of the town council.

(2)

Procedures and standards.

a.

Initiation of change.

1.

Pursuant to Code of Virginia, § 15.2-2286(7), any amendment to this chapter may be initiated by:

A.

Resolution of the town council.

B.

Resolution of the planning commission; or

C.

Petition 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, addressed to the governing body or the local planning commission, who shall forward such petition to the governing body.

2.

Any area annexed shall be considered as residential R-1 until and unless designated otherwise after the required public hearings outlined in this section.

3.

Any applicant must disclose all equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers and directors 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.

b.

Application; review.

1.

Applications for amending this chapter shall be reviewed using the procedures set forth in this chapter and minimum submission requirements established by the zoning administrator. Upon receipt of an application for a zoning text amendment or rezoning, the zoning administrator will review the application for completion.

A.

Once the application has been determined to be complete, the town shall evaluate the application and may request that the applicant make revisions as necessary.

B.

The application for a rezoning shall be referred to the planning commission for public hearing and recommendation.

C.

The planning commission shall not recommend any request for a zoning text amendment or rezoning unless the application has been advertised and public hearings have been held in accordance with the requirements of this article and Code of Virginia, § 15.2-2204.

D.

The planning commission shall advise the governing body whether to:

(i)

Approve the amendment or rezoning.

(ii)

Approve the amendment or rezoning with conditions.

(iii)

Deny the application or amendment or rezoning.

(iv)

If after one hundred (100) days no recommendation has been made, the governing body shall assume that the planning commission concurs with the applicant and supports amending this chapter, and the town council shall thereafter take any action it deems appropriate, unless the applicant requests an extension and the planning commission votes to grant such an extension for a defined period not to exceed a total of one hundred eighty (180) calendar days from the date of the public hearing.

E.

The town council shall hold at least one (1) public hearing after receiving the recommendation of the planning commission and shall take final action to approve or deny the request.

F.

If the town council approves the rezoning request, it may accept any or all of the proffers proposed by the applicant that are permitted by applicable law to mitigate the impacts of the proposed rezoning. Each such proffer shall be reasonably related both in nature and extent to the impact of the proposed development.

G.

The town council may accept amended proffers once the public hearing has begun provided the amended proffers do not materially affect the overall proposal. If town 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.

2.

The zoning 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 town council shall be entered onto the original official zoning district map within not less than sixty (60) days following the approval of such changes. After updating sections of the zoning district map, working prints of any updated section thereof upon which modifications have been made shall be inserted into all sets of the zoning district maps that are used for public viewing and administration.

3.

All motions, resolutions, or petitions 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 twelve (12) months unless the applicant requests or consents to action beyond such period or unless the applicant withdraws his motion, resolution, or petition for amendment to the zoning ordinance or map, or both; otherwise, the amendment shall be deemed approved.

c.

Public notice.

1.

In accordance with Code of Virginia, § 15.2-2204, the planning commission shall not recommend nor shall the town council adopt any plan, ordinance, or amendment until notice of intention to do so has been published once a week for two (2) successive weeks in some newspaper published or having general circulation in the Town, provided that such notice for both the planning commission and the town council may be published concurrently. Such notice shall specify the time and place of a hearing at which persons affected may appear and present their views, not less than five (5) days nor more than twenty-one (21) days after the second advertisement shall appear in such newspaper. The subject matter of the public hearing need not be advertised in full but may be advertised by reference. Each such advertisement shall contain a reference to the places within the town where copies of the proposed plans, ordinances, or amendments may be examined. In the case of a proposed amendment to the zoning map, the public notice shall state the general usage and density range of the proposed amendment and the general usage and density range, if any, set forth in the applicable part of the comprehensive plan. 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.

2.

The planning commission and town 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 above need be given only by the town council. The term "two (2) 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 (6) days elapsing between the first and second publications.

3.

When a proposed amendment of this chapter involves a change in the zoning classification of twenty-five (25) or fewer parcels of land, then, in addition to the advertising as above required, written notice shall be given at least five (5) days before the hearing to the owner or owners, their agent or the occupant of each parcel involved, to the owners, their agent or the occupant of all abutting property and property immediately across the street or road from the property affected, and, if any portion of the affected property is within a planned unit development, then to such incorporated property owners' association within the planned unit development that has members owning property located within two thousand (2,000) feet of the affected property. Notice shall also be given to the owner, the owner's agent or the occupant of all abutting property and property immediately across the street from the property affected. Notice sent by registered or certified mail to the last known address of such owner as shown on the current real estate tax assessment records shall be deemed adequate compliance with this requirement.

4.

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

d.

Standards for review.

1.

In determining what, if any, amendments to this chapter or the zoning district map are to be adopted, the governing body shall:

A.

Consider the proper relationship of such amendment to the entire zoning plan.

B.

Consider the integrity and validity of the zoning districts described in this chapter.

C.

Avoid isolated unplanned spot-zoning changes in the zoning district map.

D.

Recognize that a certain element of stability is desirable in land use controls, but conditions and standards will change.

E.

Consider the right of all citizens to be treated reasonably.

F.

Evaluate all changes based on the comprehensive plan and a comprehensive analysis of community conditions.

2.

Any amendments adopted by the town council may be modified from the form in which they were advertised within the limits necessary to relate properly such amendments to the zoning plan and ordinance; provided, however, that 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 as required in this article.

e.

Reconsiderations; period of validity.

1.

Whenever a petition requesting an amendment, supplement, or change has been denied by the town council, such petition, or one (1) substantially similar, shall not be reconsidered sooner than twelve (12) months after the previous denial.

2.

Whenever a petition requesting an amendment has been withdrawn, such petition, or one (1) substantially the same, shall not be reconsidered within twelve (12) months of the first publication notice of a public hearing with the planning commission. This shall not impair the right of either the planning commission or the town council to propose any amendment to this chapter on their motion at any time.

(3)

Appeal.

a.

Any applicant or person aggrieved by the application decision shall have the right to appeal the decision pursuant to the procedures set forth in section 29-16.

(b)

Conditional zoning and proffers.

(1)

Purpose and intent. The purpose of conditional zoning is to provide a method for permitting the reasonable and orderly development and use of land in those situations in which unique, specific circumstances indicate that the existing zoning ordinance district regulations are not adequate. In these instances, reasonable conditions voluntarily proffered by the owner of the property to which the proffered conditions will be applicable for the protection of the community when combined with existing zoning ordinance district regulations would cause the requested rezoning to be compatible with existing zoning and land uses in the area.

(2)

Standards and procedures.

a.

Proffer of conditions; standards for consideration.

1.

Any owner of property making application for a change in zoning or an amendment to the zoning map may, as part of the application, voluntarily proffer in writing reasonable conditions which shall apply to the subject property in addition to the regulations provided for in the zoning district sought in the rezoning application. Any such proffered conditions must be made prior to any public hearing before the town council (including joint public hearings with the planning commission), be in accord with the procedures and standards contained in Code of Virginia, § 15.2-2297, and 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 not include a cash contribution to the Town;

D.

The conditions shall not include mandatory dedication of real or personal property for open space, parks, schools, fire departments or other public facilities not otherwise provided for in Code of Virginia, § 15.2-2241;

E.

The conditions must not require the mandatory creation of a property owner's association under Code of Virginia, ch. 26, tit. 55;

F.

The conditions shall not include a requirement that the applicant create a property owners' association under the Property Owners' Association Act (§ 55.1-1800 et seq.) which 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;

G.

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

H.

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

I.

All such conditions shall be in accordance with the comprehensive plan; and

J.

The town council shall not be obligated to accept any or all of the conditions proffered by the owner.

2.

Application. 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 by the applicant certifying there has not been a request to supply unreasonable proffers.

C.

A statement describing the nature of the proposed development and explaining the relationship of the development to the Comprehensive Plan.

D.

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.

E.

A statement detailing any special amenities that are proposed.

F.

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.

G.

A site plan listing and detailing the nature and location of any proffered conditions and those proposed circumstances which prompted the proffering of such conditions.

E.

A statement setting forth the proposed approximate development schedule.

F.

A signed statement by both the applicant and owner in the following form: "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."

b.

Effect of condition; period of validity.

1.

Upon the approval of any such rezoning, all conditions proffered and accepted by the governing body shall be deemed a part thereof and non-severable therefrom and shall remain in force and effect until amended or varied by town council. All such conditions shall be in addition to the regulations provided for in the zoning district to which the land is rezoned.

2.

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

c.

Enforcement and guarantees. The zoning administrator shall be vested with all necessary authority on behalf of the town to administer and enforce conditions attached to a rezoning or amendment to a zoning map, including:

1.

Ordering in writing of the remedy of any noncompliance with such conditions;

2.

Bringing legal action to ensure compliance with such conditions, including injunction, abatement, or other appropriate action or proceeding; and

3.

Requiring a bond or other surety in an amount sufficient for or 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 released by the zoning administrator upon the submission of satisfactory evidence that the construction of such improvements has been completed in whole or in part.

4.

Failure to meet all conditions shall cause the zoning administrator to deny the issuance of any required use, occupancy, or building permits as may be appropriate.

d.

Appeal. Any applicant or person aggrieved by the application decision shall have the right to appeal the decision pursuant to the procedures set forth in section 29-16.

(Ord. No. 196, 6-10-2020)

(a)

Fees; charges; expenses.

(1)

The town council shall establish, by resolution, a schedule of fees, charges and expenses, and collection procedures for zoning permits, conditional use permits, variances, appeals, amendments, and other matters pertaining to this chapter.

(2)

The schedule of fees shall be available for inspection in the office of the zoning administrator and may be altered or amended by the town council by resolution. Until all application fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.

(b)

Violations and penalties.

(1)

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

(2)

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

(3)

Notice of violations.

a.

Upon becoming aware of any violation of the provisions of this chapter, the zoning administrator may issue written notice of such violation to the person committing or permitting the violations. Notice shall be mailed by registered or certified mail or hand delivered.

b.

The notice of violation shall state the nature of the violation, date that it was observed, the remedy or remedies necessary to correct the violation and a reasonable time period for the correction of the violation.

c.

Every written notice of violation of the zoning administrator shall include a statement informing the recipient that he or she may have a right to appeal the notice of zoning violation or written order within thirty (30) days in accordance with the Code of Virginia, § 15.2-2311. The zoning violation or written order shall include the applicable appeal fee and a reference to where additional information may be obtained regarding the filing of an appeal. The decision shall be final and unappealable if not appealed within thirty (30) days.

d.

Appeals shall be heard by the board of zoning appeals in accordance with the procedures set forth in section 29-16.

(4)

Penalties for violations.

a.

Upon becoming aware of any violation of the provisions of this chapter, the zoning administrator may proceed to issue a civil summons.

b.

Any person summoned or issued a ticket for a violation may make an appearance in person or in writing by mail to the town treasurer prior to the date set for trial in court. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged after first agreeing in writing to abate or remedy the violation within a specified timeframe. Such persons shall be informed of their right to stand trial and that a signature to an admission of liability will have the same force and effect as a judgement of court.

c.

If a person charged with a violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided for by law.

d.

Any such violation of this chapter shall be punishable by a civil fine as established by a town council adopted fee schedule.

e.

The violation may be prosecuted as a criminal misdemeanor under the Code of Virginia.

f.

If the violation is uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in compliance with this chapter, within a time period established by the court. Failure to remove or abate a zoning violation within the specified time period shall constitute a separate offense punishable by an additional civil fine and any other penalties as ordered by the court.

(Ord. No. 196, 6-10-2020)

(a)

In general.

(1)

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

(2)

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

(3)

A decision or interpretation of the zoning 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 chapter. The board of zoning appeals shall consider the purpose and intent of any applicable provisions of this chapter and other relevant ordinances, laws, and regulations in making its decision.

(4)

An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the board that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order granted by the board or by a court of record, on application and on notice to the zoning administrator and for good cause shown.

(b)

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

(1)

Mailing procedure. Appeals shall be mailed to the board of zoning appeals in care of the zoning administrator, and a copy of the appeal shall be mailed to the secretary of the planning commission. A third copy should be mailed to the individual, official, department, or agency concerned, if any.

(2)

Hearing. The board of zoning appeals 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 ninety (90) days of the filing of the appeal.

(3)

Decisions.

a.

In exercising its powers, the board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from. In any appeal, if a board'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.

b.

The Board shall keep minutes of its proceedings and other official actions which shall be filed in the office of the board and shall be public records.

c.

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

(c)

Construction in violation of ordinance.

(1)

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

(2)

The court may hear and determine the issues raised in the litigation even though no appeal was taken from the decision of the administrative officer to the board of zoning appeals.

(d)

Appeals of board of zoning appeals decision. Pursuant to Code of Virginia, § 15.2-2314, any person jointly or severally aggrieved by any decision of the board, or any taxpayer or any officer, department, board or bureau of the town may appeal the decision to the circuit court of Prince Edward County.

(1)

A petition specifying the grounds on which aggrieved must be submitted thirty (30) days after the filing of the decision in the office of the board.

(2)

Upon the presentation of such petition, the court shall allow a writ of certiorari to review the decision of the board of zoning appeals and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten (10) days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown, grant a restraining order.

(3)

The board of zoning appeals shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

(4)

If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a commissioner to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

(5)

Costs shall not be allowed against the board, unless it shall appear to the court that it acted in bad faith or with malice in making the decision appealed from. If the decision of the board is affirmed and the court finds that the appeal was frivolous, the court may order the person or persons who requested the issuance of the writ of certiorari to pay the costs incurred in making a return of the record pursuant to the writ of certiorari.

(Ord. No. 196, 6-10-2020)