(a)

This chapter shall be administered and enforced by an officer to be known as the zoning administrator, who shall be appointed by the board of supervisors of Franklin County, Virginia. The zoning administrator shall have all necessary authority on behalf of the board of supervisors to administer and enforce the Zoning Ordinance, 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. The zoning administrator shall be guided in all of his actions pursuant to this chapter by the purposes, intent and spirit of this chapter and the standards set forth in sections 25-2 through 25-4 of this chapter. This chapter also provides standards by zoning district, special provisions, overlay district regulations, and performance standards, section 25-90. The zoning administrator may be assisted in the enforcement of this chapter by the local offices of the Virginia Department of Health, sheriff and all other officials of Franklin County pursuant to their respective authorities and responsibilities.

(b)

In addition, the zoning administrator shall maintain the zoning map, and such map shall be kept current and shall reflect amendments as soon as practicable after adoption by the board of supervisors.

(c)

The building official and zoning administrator shall develop procedures and arrangements through which coordinated and efficient permit processes shall occur. These may be in writing and available to applicants and the general public.

(Ord. of 5-25-88)

It shall be the duty of the zoning administrator to see that the decisions of the board of zoning appeals are complied with.

(Ord. of 5-25-88)

In enforcing the minimum requirements in zoning districts, the zoning administrator shall notify by registered mail/return receipt any person responsible for an alleged violation, stating the reason why it is believed that a violation exists in fact.

(Ord. of 5-25-88)

In case of any dispute over the meaning of a word, phrase or sentence, whether defined herein or not, the zoning administrator is hereby authorized to make a definitive determination thereof, being guided in such determination by the purposes and intent of this chapter as set forth in section 25-2; provided, however, that an appeal may be taken from any such determination as provided in section 25-774.

(Ord. of 5-25-88)

In addition to any advertising requirements imposed by the Code of Virginia §§ 15.2-2204 and 15.2-2205, as amended, any special use permit, zoning map amendment or variance request as specified elsewhere in this chapter, shall have public notice signs posted on the subject property by the county. The zoning administrator shall determine the size and design of the required public notice signs, which shall not be less than one point five (1.5) feet by two (2) feet.

For special use permit and zoning map amendments, the county shall post the sign on the subject property at least fourteen (14) days prior to the planning commission's public hearing and the sign shall remain posted until the board of supervisors has acted on the application or the application has been withdrawn. For variance requests signs shall be posted by the county at least fourteen (14) days prior to the board of zoning appeals public hearing.

Upon posting, the county shall take a digital photo (with date) of the posted public notice sign and shall provide an affidavit, signed by the zoning administrator or designee, certifying same.

Once posted by the county, the temporary removal or disappearance of a public notice sign due to weather, theft or vandalism shall not invalidate the public notice intent of these provisions. Upon observance or notification, the county shall replace any sign removed or damaged.

There shall be at least one (1) sign posted along each public right-of-way abutting the property. For properties that lack any public right-of-way, the location and number of signs shall be determined by the zoning administrator. Signs shall be posted approximately ten (10) feet from, and perpendicular to, the public right-of-way or property line. Each sign posted shall state that the subject property is scheduled for a public hearing and explain how to obtain additional information regarding the scheduled public hearing.

Public notice signs shall not be required, but may be provided, for any special use permit, zoning map amendment or variance request involving ten (10) or more parcels.

(Ord. No. 13-02-2019, 2-21-19)

Buildings or structures shall be started, reconstructed, enlarged or altered only after a zoning permit and building permit has been obtained from the zoning administrator and building official.

(Ord. of 5-25-88)

(a)

The zoning administrator or his designee shall review each application for a zoning permit and building permit to ensure that the building or structure proposed is in accordance with the terms of this chapter. No permit shall be issued for any construction for which a site development plan is required to be approved by the approving authority in accordance with sections 25-667 through 25-698 of this chapter unless and until such plan shall have been so approved. Thereafter, any item shown on such plan as approved shall be deemed prima facie in accordance with the terms of this chapter.

(b)

Each applicant shall provide a copy of the most recent plat of record of the land to be built upon. If no such plat exists, the applicant may be allowed to use, depending on the situation, the last deed of description.

(c)

Any other information which the zoning administrator may deem necessary for consideration of the application may be required. If the proposed building or use is in conformity with the provisions of this chapter, a permit(s) shall be issued to the applicant by the zoning administrator. One (1) copy of the drawing shall be returned to the applicant with the permit.

(Ord. of 5-25-88)

This section is reserved for future use.

(a)

It shall be unlawful to use or permit the use of any building or premises, or part thereof, hereafter created, erected, changed, converted, altered or enlarged, wholly or partly in its use or structure, until a certificate of occupancy shall have been issued therefor by the building inspector and zoning administrator. Such certificate shall show that such building, premises or part thereof, and the proposed use thereof, is in conformity with the provisions of this chapter; provided, that where structures are completed and ready for occupancy prior to the completion of all improvements required by the site development plan, and the building official shall determine that the site may be occupied consistently with the public health, safety and welfare, the owner may provide bond with surety adequate to guarantee the completion on time of certain such site development plan improvements as related to the building for which the permit is sought, and upon the providing of such bond with surety a permit may be issued for the occupancy of those structures already completed.

(b)

Improvements deemed directly related to health and safety, such as any required fire hydrants and safe and convenient access to public roads, shall not be bonded and occupancy shall not be permitted until such improvements have been installed and are operational. The zoning administrator and building inspector are authorized to accept instead of corporate surety a letter of credit or a cashier's check made payable to the board of supervisors, which may be placed in an escrow account whereby the developer may draw interest. If a cashier's check is provided as a performance bond, there shall be a reasonable fee paid by the developer for cost incurred by the county to perform necessary work involved.

(Ord. of 5-25-88)

The Franklin County Board of Supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses as provided in this chapter may be issued upon a finding by the Franklin County Board of Supervisors that such use will not be of substantial detriment to adjacent property, that the character of the zoning district will not be changed thereby, and that such use will be in harmony with the purpose and intent of this chapter, with the uses permitted by right in the zoning district, with additional regulations provided in sections 25-111 through 25-137, supplementary regulations, and amendments, of this chapter, and with the public health, safety and general welfare.

(Ord. of 5-25-88)

Application for a special use permit shall be made by the filing thereof by the owner or contract purchaser of the subject property with the zoning administrator, together with a fee as set forth in section 25-789, the fees of this chapter. No such permit shall be issued unless the board of supervisors shall have referred the application therefore to the planning commission for its recommendations. Failure of the planning commission to report within sixty (60) days after the first meeting of the planning commission after the application has been referred to the planning commission shall be deemed a recommendation of approval. No such permit shall be issued except after notice and hearing as provided by Code of Virginia, §§ 15.2-2204 and 15.2-2205, and section 25-620 of this chapter.

(Ord. of 5-25-88; Res. No. 12-10-2008, 10-21-08; Ord. No. 13-02-2019, 2-21-19)

The Franklin County Board of Supervisors may impose upon any such permit such conditions relating to the use for which such permit is granted as it may deem necessary in the public interest and may require a bond with surety or other approved security to ensure that the conditions so imposed shall be complied with. Such conditions shall relate to the purposes of this chapter, including, but not limited to, the prevention of smoke, dust, noise, traffic congestion, flood and/or other hazardous, deleterious or otherwise undesirable substance or condition; the provisions of adequate police and fire protection, transportation, water, sewerage, drainage, recreation, landscaping and/or screening or buffering; the establishment of special requirements relating to the building setbacks, front, side and rear yards, off-street parking, ingress and egress, hours of operation, outside storage of materials, duration and intensity of use, building height and/or other particular aspects of occupancy or use. (See also section 25-110, "Performance Standards," which may be imposed.) Except as the Franklin County Board of Supervisors may otherwise specifically provide in a particular case, any condition imposed under the authority of this chapter shall be deemed to be essential to and nonseverable from the issuance of the permit itself.

(Ord. of 5-25-88)

Special use permits shall expire in eighteen (18) months if no commencement of use, structure or activity has taken place. In the event that the use, structure or activity for which any such permit is issued shall not be commenced within eighteen (18) months after the issuance of such permit, the same shall be deemed abandoned and the authority granted thereunder shall thereupon terminate. For purposes of this chapter, the term "commenced" shall be construed to include the extensive obligations or substantial expenditures in relation to the project such as engineering or architectural designs, land clearing associated with the project, and construction of any structure necessary to the use of such permit within eighteen (18) months from the date of the issuance.

(Ord. of 5-25-88; Ord. of 3-27-07(1))

It shall be the responsibility of the zoning administrator to develop an index of special use permits and referencing system on a set of official zoning maps.

(Ord. of 5-25-88)

Any permit issued pursuant to this chapter may be revoked by the board of supervisors, after notice and hearing pursuant to Code of Virginia, § 15.2-2204, for willful noncompliance with this chapter or any conditions imposed under the authority of this chapter.

(Ord. of 5-25-88; Ord. of 3-27-07(1))

Any use, structure or activity lawfully in existence on the effective date of this chapter which would be permitted under the provisions of this chapter relating to the zoning district in which it is located by the issuance of a special use permit may be continued; provided, however, that such use, structure or activity shall not be expanded or enlarged; and provided further, that if any such use, structure or activity shall be discontinued for a period exceeding two (2) years, the same shall conform in all respects to the provisions of this chapter relating to the zoning district in which it is located. If the existing structure or activity expands or enlarges, the applicant will have to apply for a special use permit for the old and new section. Whenever the boundaries of any zoning district are changed, any use, structure or activity which shall therefor become nonconforming as a result of such change through want of a required special use permit shall be subject to the provisions of this section.

(Ord. of 5-25-88)

(a)

No street, park or other public area, or public structure, or public utility, public building or public service corporation other than railroads, whether publicly or privately owned, shall be constructed, established or authorized, unless and until the general location or approximate location, character and extent thereof has been submitted to and approved by the commission as being substantially in accord with the adopted Comprehensive Plan or part thereof. In connection with any such determination, the commission may establish such conditions of approval as deemed necessary to ensure compliance with the comprehensive plan.

(b)

Widening, narrowing, extension, enlargement, vacation or change of use of streets or public areas shall likewise be submitted for approval, but paving, repair, reconstruction, improvement, drainage or similar work and normal service extensions of public utilities or public service corporations shall not require approval unless involving a change in location or extent of a street or public area.

(c)

The foregoing notwithstanding, the provisions of section 15.2-2232 of the Code of Virginia shall apply to any such review.

(Ord. of 5-25-88; Res. No. 12-10-2008, 10-21-08)

Cross reference— For other provisions applicable to the above, see § 25-50.

The purpose of this section is to assure compliance with the applicable ordinances and statutes, to encourage innovative and creative design and facilitate use of the most advantageous techniques in the development of land in Franklin County, to ensure the efficient use of land and to promote high standards in the layout, design, landscaping and construction of development.

(Ord. of 7-16-02(3))

No building permit shall be issued for any of the uses listed below unless and until a site plan shall have been submitted and approved in accordance with the procedures described herein. The following list is not a complete list. The zoning administrator may require site plans for other uses not listed.

(1)

Airports and heliports (see also section 25-112).

(2)

Apartment houses.

(3)

Townhouses and condominiums.

(4)

Churches, temples, synagogues, cemeteries.

(5)

Private docks, community docks, marinas, wharves, piers, bulkheads boat ramps and the like and any over water structures, except private over water piers and boathouses accessory to a single-family dwelling.

(6)

Hotels, motels and motor lodges or inns.

(7)

Business or commercial buildings and developments.

(8)

Industrial buildings or developments.

(9)

Manufactured home parks.

(10)

Campgrounds and recreational vehicle/camper areas.

(11)

Public parks, recreation facilities.

(12)

Public utilities or public service or transportation uses; public buildings; public utility generating, purification or treatment plants; water storage tanks, pumping or regulator stations; telephone exchanges, transformers or substations; and power transmission lines.

(13)

Schools (public and private) and state institutions.

(14)

Hospitals and nursing homes.

(15)

State and public buildings.

(16)

Towers for radio, television, and other electronic transmission and reception.

(17)

Two (2) or more two-family dwellings on the same parcel.

(18)

Multifamily dwellings.

(19)

Off-street parking areas with ten (10) or more spaces, or any additions to existing off-street parking areas except for single-family residences.

(20)

Subdivisions.

(21)

Planned unit developments (refer to article 16.1-12 to article 16.1-15).

(Ord. of 7-16-02(3))

The foregoing list in section 25-668 not withstanding, a site plan will not be required for the following uses:

(1)

The repair or rehabilitation of an existing structure when such work does not involve and is not related to either a change in use or an increase in the intensity of use as determined by the zoning administrator.

(2)

The construction, rehabilitation, expansion or change in occupancy of any single family detached dwelling unit which is located upon a tract or parcel whereon are located or proposed to be located an aggregate of two (2) or fewer such units.

(3)

The location of a two (2) family dwelling on any lot or parcel not occupied by any other dwellings.

(4)

An accessory structure to a single family or two (2) family dwelling.

(5)

Any agricultural use except as otherwise provided for in the division of this chapter covering supplementary regulations (section 25-110 et seq.).

(Ord. of 7-16-02(3))

Where site plans are required under this division the proposed use or development may not be of such scale and impact that the more detailed and complete site plan submission and review requirements are necessary. In these cases the zoning administrator may determine that the purpose of this division and the public interest can be served by submission and approval of a minor site plan. The determination that a minor site plan may be used to fulfill the site plan requirements of this division may be made by the zoning administrator when (1) the proposed use will not disturb more than ten thousand (10,000) square feet of earth as a one-time exemption per parcel, or (2) when one (1) or more of the following conditions are met:

(1)

The use does not require a Virginia Department of Transportation (VDOT) commercial entrance permit.

(2)

The use does not require approval under chapter 22 of the County Code, nor a Virginia Department of Health (VDH) permit for water or sewerage systems.

(3)

The use is an addition to an existing permitted use or an accessory use to a permitted principal use and the use does not exceed fifteen hundred (1,500) square feet of floor area.

(Ord. of 7-16-02(3))

In cases where the zoning administrator approves submission of a minor site plan, the following procedures and application information shall be required unless waived or modified under the provisions of section 25-707 of this division.

(1)

The applicant shall request and attend a pre-application meeting with the staff of the department of planning and community development.

(2)

For discussion purposes, the applicant shall present at the pre-application meeting a preliminary or sketch site plan showing the following:

a.

Boundary lines of the subject property and/or plat of record, as available.

b.

General layout design of the proposed development on a scale not smaller than one (1) inch equals one hundred (100) feet, or as appropriate.

c.

General parking and landscape layout;

d.

Proposed building setbacks and all required building setback lines.

e.

Zoning on subject and adjacent parcels.

(3)

A minor site plan may be submitted to the department of planning and community development at any time. The application shall contain all the following information.

a.

A vicinity map at an appropriate scale such as one (1) inch equals one (1) mile and landmarks sufficient to identify the location of the property.

b.

Proof of ownership, such as the deed and plat of record.

c.

The owner's approval in writing to the site plan application.

d.

Existing and proposed streets and easements, their names, numbers and width, existing and proposed utilities of all types, watercourses and their names and the owner, zoning and present use of adjoining tracts.

e.

The design of the location, type and size of ingress and egress of the site in a format meeting applicable standards of VDOT is required with the application for a minor site plan. Before a minor site plan may be approved by the county, evidence is required of existing approvals of the VDOT residency office for entrances onto state maintained highways.

f.

All off-street parking and parking bays, loading spaces and walkways indicating the type of surface and a specific schedule showing the number of parking spaces provided and the number required in accordance with this ordinance.

g.

Number of floors, floor area, height, location and proposed general use of each building.

h.

As applicable, the design of the existing and/or proposed water and sewage system in a form acceptable to VDH and in compliance with chapter 22 of the Franklin County Code (as applicable) must be filed with the minor site plan application. Evidence of any required approval by VDH and the county must be provided prior to consideration of minor site plan approval.

i.

Provisions and schedule for the adequate control of erosion and sedimentation in accord with chapter 7 of the County Code.

j.

A landscape plan that meets the landscape requirements of this division.

k.

A plan for signs that includes the location, size and height of all existing and proposed freestanding signs demonstrating compliance with the sign regulations of this division.

l.

Minor site plans for the expansion of an existing use on the same lot or onto an adjacent lot will show general locations of all existing facilities as well as those proposed, and existing adjacent structures within fifty (50) feet of the project boundary. The locations of the listed uses shall be approximate and need not require survey information; if the general location of structures on adjacent properties is unavailable without the benefit of a survey, this information shall not be required.

(4)

Upon receipt of a minor site plan, the zoning administrator or his designated agent shall determine if the application materials meet the submission requirements. If they do, the application shall be termed officially filed. The county shall have twenty-one (21) working days from the date of official filing to approve, approve with conditions or deny the minor site plan. If the application is incomplete it shall be returned to the applicant for corrective action.

(Ord. of 7-16-02(3))

(a)

An application for major site plan approval shall be submitted to the department of planning and community development accompanied by seven (7) clearly legible blue or black line copies of plans and support materials required by this ordinance and accompanied by the required fee.

(b)

The submission shall be considered officially filed once approved by the zoning administrator in accordance with section 25-673 of this division.

(Ord. of 7-16-02(3))

(a)

The zoning administrator shall have seven (7) days to review the application, plans and support materials in order to determine that the submission and content requirements have been met. The zoning administrator shall transmit the proposed site plan to the appropriate approving agency or agencies with his comments for their review.

(b)

Once the application is reviewed for completeness, written notification of the acceptance or rejection of the submission shall be sent to the applicant by mail not later than ten (10) days after the date of submission. If accepted, the submission shall be officially filed. If rejected, the submission package will be returned to the applicant with a list of deficiencies which the applicant may correct. Upon review and acceptance of the corrected submission package, the application shall be considered officially filed. If rejected again, the submission package will be returned as stated above.

(c)

The county shall have sixty (60) days from the date of official filing to approve or disapprove a major site plan in writing. Specific reasons for disapproval may be contained in a separate document or may be written on the site plan itself. The reasons for disapproval shall identify deficiencies in the plan which cause the disapproval by reference to specific duly adopted ordinances, regulations, or policies and shall generally identify modifications or corrections as will permit approval of the site plan.

(Ord. of 7-16-02(3))

All construction plans and profiles requiring written approval prior to site plan submission should be submitted to reviewing agencies at least sixty (60) days prior to the desired filing date by the owner and/or developer.

(Ord. of 7-16-02(3))

The site plan, or any portion thereof, involving engineering, architecture, landscape architecture or land surveying shall be prepared by persons qualified to do such work. Major site plans shall be certified by an architect, landscape architect, engineer, or land surveyor within the limits of their respective licenses authorizing them to practice by the State of Virginia.

(Ord. of 7-16-02(3))

Every major site plan submission shall contain all the following information and specific items and comply with the following guidelines, unless said information, specific items or guidelines are waived or modified under the provisions of section 25-707 of this division.

(1)

The name and address of the owner or developer, surveyor or engineer, magisterial district, north point, date, scale of drawings and number of sheets. A three-inch by five-inch (3" x 5") area shall be reserved on the drawings for signatures and/or stamps of approving agencies.

(2)

The scale of the site plan drawing shall be one (1) inch equals fifty (50) feet or as appropriate and otherwise approved by the zoning administrator. No sheet shall exceed thirty-six (36) inches by forty-two (42) inches in size without prior approval of the zoning administrator.

(3)

The name of the development.

(4)

The proposed use and the zoning and present use of the subject parcel and adjacent parcels, and the minimum required setbacks and parking spaces.

(5)

The general notes shall indicate whether the development is allowed by-right or whether a special use permit is required. The date such permits were approved and all required conditions and approved modifications or deviations to regulations shall be shown on the plan. All conditional zoning proffers for the land shall also be shown on the plan.

(6)

The location of the tract or parcel by vicinity map at an appropriate scale such as one (1) inch equals one (1) mile or as otherwise approved by the zoning administrator, and landmarks sufficient to properly identify the location of the property.

(7)

A boundary survey of the tract or site plan limit showing the location and type of boundary evidence and the area of the site.

(8)

The source and title of the owner of the tract, the owner's name and the place of record of the last instrument in the chain of title (including deed book and page number).

(9)

Existing and proposed streets and easements, their names, numbers and width, existing and proposed utilities of all types, water courses and their names, owner, zoning and present use of adjoining tracts.

(10)

Location, type and size of ingress and egress of the site.

(11)

The location, width and extent of all front, side and rear setbacks required by this division or by special use permit conditions or conditional zoning proffers.

(12)

Location, type, size and height of all fencing, screening and retaining walls where required under the provisions of applicable ordinances.

(13)

All off street parking and parking bays, loading spaces and walkways indicating the 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 this division. All spaces shall have adequate space for moving and turning.

(14)

Number of floors, floor area, height and location of each building and proposed general use for each building if single family attached or multi-family, the number, size and type of dwelling units shall be shown, along with density, location, type and percentage of total acreage of recreational facilities.

(15)

Computation notations to include the total site area, and the amount and percentage of the site covered by open space and buildings, or dwelling units for multifamily residential developments.

(16)

Bylaws of homeowner association, when applicable.

(17)

Existing and proposed water and sanitary sewer facilities indicating all pipe sizes, types and grades and where connection is to be made to an existing or proposed water and sewer system. The design of all water and sewer systems shall comply with the regulations of the Virginia Department of Health and chapter 22 of the Franklin County Code. No site plan shall be approved unless the Virginia Department of Health and the County of Franklin approve the water and sewer facilities serving the site.

(18)

Adequate provision for the disposition of natural and storm water with respect to quantity in accord with the standards of the Virginia Erosion and Sediment Control Handbook. Where drainage does not discharge directly into an existing drainage way, drainage easements where necessary shall be obtained from adjacent property owners.

(19)

Provisions for fire protection in accord with the standards and codes of the National Fire Protection Association.

(20)

Provision and schedule for the adequate control of erosion and sediment in accord with the provisions of chapter 7 of the Franklin County Code.

(21)

Existing topography accurately shown with a maximum of five (5) foot contour intervals at a scale of not less than fifty (50) feet to the inch, or as appropriate and approved by the zoning administrator.

(22)

Proposed finished grading by contour supplemented where necessary by spot elevations.

(23)

All horizontal dimensions shown shall be in feet and decimals of a foot to the closest one-hundredth of a foot and all bearing in degrees, minutes and seconds to the nearest ten (10) seconds.

(24)

A landscape design plan, based on accepted professional design layouts and principals, and complying with the landscape requirements of this division.

(25)

A plan for the disposal of solid waste, including the location of receptacles, screening and fencing.

(26)

A plan for signs that includes the location, size and height of all existing and proposed freestanding signs demonstrating compliance with the sign regulations of this division.

(27)

Written and signed statements from the appropriate VDH official approving the water and sewer service to the site are required prior to site plan approval; however, the official filing of the site plan application shall be complete with regard to water and sewer service so long as the required design information for these site utilities is submitted meeting applicable standards and in a form suitable for transmission by the county to the review authorities.

(28)

Written and signed statements from the appropriate VDOT official approving the entrances onto state roads to the site are required prior to site plan approval; however, the official filing of the site plan application shall be complete with regard to vehicular access to and egress from the site so long as the required design information is submitted meeting applicable standards and in a form suitable for transmission by the county to the review authorities.

(29)

Site plans for the expansion of an existing use on the same lot or onto an adjacent lot will show all existing facilities as well as those proposed.

(30)

Right-of-way lines, centerlines, departing lot lines, lot numbers, subdivision limits, limits of construction and building location.

(31)

Centerline curve data, radius of curbs, the width of rights-of-way and all easements, and the width of surface or distance between curb faces in relation to centerlines and other street construction data for all public and private streets. All streets that are to be included in the state highway system for maintenance shall comply with the regulations of the Virginia Department of Transportation.

(32)

Typical pavement cross sections for all private streets and parking areas.

(33)

Any necessary notes that may be required to explain the intent and purposes of specific items on the plan or profile.

(34)

Existing and proposed drainage easements and the direction of drainage flow in streets, storm sewer, valley gutters, streams and sub-drainage ways.

(35)

Floodplain limits and the method used to establish the limits.

(36)

The location of all or any springs either within or draining to street rights-of-way and the proposed method of treatment.

(37)

A schedule of costs of all required improvements, including storm water retention and drainage structures, water and sewer systems required by chapter 22 of the County Code that are not bonded by VDH, sidewalks and pedestrian walkways, landscape plantings, parking areas, screening, fences, walks, curbs, gutters, outdoor lighting and other physical improvements.

(38)

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

(39)

Profiles shall be submitted for all sanitary and storm sewers, streets and curbs adjacent thereto, and other utilities, and shall be submitted on plan and profile sheets. Special studies as required may be submitted on standard cross section paper and shall have a scale of one (1) inch equals a maximum of fifty (50) feet horizontally and one (1) inch equals a maximum of twenty (20) feet vertically. No sheet shall exceed thirty-six (36) inches by forty-two (42) inches, or as appropriate and approved by the zoning administrator.

(40)

A photometric and lighting plan to measure direct and reflective illumination to include; footcandle strength at property lines, detail of all external/outdoor lighting fixtures, poles and related structures, and the overall height of light structures. Such plan is to include all wall mounted and under canopy lights.

(Ord. of 7-16-02(3); Res. No. 16-06-2004, 6-15-04(5))

(a)

Costs and specifications: All improvements required by this article shall be installed at the cost of the developer. Where specifications have been established by VDOT for streets, by VDH for water and sewer systems, or by Franklin County for private streets, parking areas, water and sewer systems, and other facilities and utilities, such specifications shall be followed. The developer's performance bond shall not be released until construction has been inspected and accepted by the county and VDOT. Partial bond releases may be granted in accordance with the applicable provisions of the Code of Virginia.

(b)

Bonding and agreement: Prior to the approval of any site development plan, the applicant shall execute an agreement with the county to construct all physical improvements required by the site development plan, except for such improvements as are bonded elsewhere under section 7-14 (erosion and sediment control), section 19-66 (subdivisions), section 22-16 (water and sewer systems), and section 25-97 (landscaping and buffering). Whenever the cost of such improvements as identified under section 25-676(37) shall exceed twenty-five thousand dollars ($25,000.00), the applicant shall post a performance guarantee with surety acceptable to the county to cover the estimated cost of the required improvements plus ten (10) percent contingency. Acceptable forms of surety include:

(1)

A letter of credit from a recognized lending institution;

(2)

A cash amount, placed in escrow with the county; or

(3)

A performance bond, issued by a surety company licensed in the State of Virginia.

Any dispute arising from the proposed disposition of a posted performance guarantee shall be resolved by the Franklin County Circuit Court.

(c)

Setback from right-of-way: Where a site plan is presented on public streets of less than fifty (50) feet in width, the line for the purpose of determining required yards, shall be a minimum of twenty-five (25) feet from the centerline of the existing road or as specified by the VDOT Resident Engineer. (Refer also to zoning district setbacks, section 5-4 and section 25-98, and for properties in the Westlake Village Center Overlay District, refer to section 25-495.)

(d)

Driveways and service roads: The pavement of vehicular traffic lanes or driveways (that are not to be accepted into the state highway system for maintenance) designed to permit vehicular travel on the site and to and from adjacent property and parking areas shall not be less than twenty (20) feet in width. The use of cross access easements is strongly encouraged and should be utilized whenever possible.

(e)

Easements: Adequate easements shall be provided for drainage and all utilities. Minimum easement width shall be twenty (20) feet. Where multiple structures or pipes are installed, the edge of the easement shall be five (5) feet clear of the outside edge of the pipes. Where easements do not follow the established lot lines, the nearest edge of any easement shall be a minimum of five feet from any building.

(f)

Drainage: Adequate drainage for the disposition of storm and natural waters both on and off-site shall be provided. The extent and nature of both on-site and off-site treatment including storm water retention and/or detention, will be determined by reference to the most current edition of the Virginia Erosion and Sediment Control Handbook.

(g)

Water and sewer systems: Design requirements for water and sewer systems shall be determined by reference to both the Virginia Department of Health regulations and chapter 22 of the County Code.

(h)

Parking: Design requirements for parking shall be determined by reference to sections 25-80 through 25-86 of this zoning chapter. The requirements of these sections shall be binding unless specifically modified by other sections of these regulations.

(i)

Pedestrian walkways: Provision shall be made for sidewalks and pedestrian walkways which will enable patrons and/or tenants to walk safely and conveniently from one (1) building to another within the site and to buildings and/or uses on adjacent sites as well. Walkways which cross parking areas and driving lanes shall be distinguished from driving surfaces through the use of pavers, bricks or patterned concrete, to enhance pedestrian safety and the attractiveness of the walkway.

(j)

Landscaping and screening: Landscape plantings, screening, fences, walks, curbs, gutters and other physical improvements as required by this division and the regulations of VDOT shall be provided by the developer.

(k)

Fencing: Appropriately designed security fencing shall be provided to surround any use where necessary for the protection of neighbors and/or the public. In applying this requirement, the character of the use in question shall be considered, as well as the current use and zoning of the land in the immediate vicinity.

(l)

Outdoor lighting. All uses requiring site plan approval shall provide outdoor lighting for parking areas and pathways leading from parking areas to buildings. Where such lighting is required, the site plan shall be accompanied by a lighting plan, in accordance with the requirements of article II, division 4.2, outdoor lighting.

(m)

Maintenance: All site improvements required by this division and other regulations as shown on an approved site plan shall be maintained in a safe, serviceable and attractive condition for as long as the use initially proposed or subsequent replacement uses continue. Such improvements shall include, but are not limited to paving, drainage, water and sewerage facilities, entrances, grass, landscaping and screening, pedestrian walkways, and lighting. Unless specifically agreed upon by the county, all maintenance shall be the responsibility of the owner of the property or his designated agent.

(Ord. of 7-16-02(3); Res. No. 22-06-2004, 6-15-04(6); Ord. of 6-15-04(7); Ord. of 11-19-04; Res. No. 16-10-2008, 10-21-08; Res. No. 15-04-2009, 4-21-09)

(a)

The zoning administrator shall be responsible for the receipt, review, processing and approval of site plans.

(b)

The zoning administrator may request opinions and/or decisions from other agencies, divisions, or authorities of the county government; officials, departments or agencies of the Commonwealth of Virginia; or from other persons as may from time to time be retained by the county.

(c)

The zoning administrator, subject to approval of the board of supervisors, may from time to time establish reasonable administrative procedures necessary for the proper administration of the division.

(Ord. of 7-16-02(3))

(a)

Minor and major site plans which conform to the standards and requirements of this division shall be approved.

(b)

Approval or disapproval of a major site plan shall occur within sixty (60) days of official filing of the required documents in the office of planning and community development as provided in section 25-673.

(c)

No change, revision or erasure shall be made on any pending or final site plan or on any accompanying data sheet where approval has been endorsed on the plat or sheets unless authorization for such changes is granted in writing by the zoning administrator.

(d)

Approval of a site plan pursuant to this division shall expire five (5) years after the date of approval unless building permits have been obtained for construction or if at the date of approval a longer approval period was determined to be reasonable by the zoning administrator, taking into consideration the size and phasing of the proposed development.

(e)

Section 25-707(d) shall not be construed to revise the expiration provision for special use permits pursuant to section 25-641.

(f)

Any site plan may be revised, provided a request for revision shall be filed and processed in the same manner as the original site plan.

(g)

As provided in section 15.2-2311 of the Code of Virginia as amended, an appeal to the board of zoning appeals may be taken by any person aggrieved by any decision of the zoning administrator relating to site plans. Any decision of the zoning administrator shall be final and unappealable if not appealed within thirty (30) days. The appeal period shall not commence until the zoning administrator's decision is given. A notice of appeal shall be filed with the zoning administrator and the board of zoning appeals within thirty (30) days after the decision by the zoning administrator which is the subject of the appeal, specifying the grounds of the appeal.

(h)

As provided in section 15.2-2314 of the Code of Virginia as amended, any person or persons jointly or severally aggrieved by the decision of the board of zoning appeals regarding a site plan, or any aggrieved taxpayer or any officer, department, board or bureau of the locality, may present to the circuit court for the county a petition specifying the grounds of the request to reverse the action in question taken by the board of zoning appeals.

(Ord. of 7-16-02(3))

(a)

The approval of a site plan or the installation of the improvements as required in this division shall not obligate the county to improvements for maintenance, repair or operation. Acceptance shall be subject to county and/or state regulations, where applicable, concerning the acceptance of each type of improvement.

(b)

No public easement, right-of-way or public dedication shown on any site plan shall be accepted for dedication for public use until such proposed dedication shall first be approved by the board and evidence of such approval shown on the instrument to be recorded.

(Ord. of 7-16-02(3))

(a)

One (1) set of approved plans, profiles and specifications shall be at the site at all times when work is being performed.

(b)

County and state agencies responsible for the supervision and enforcement of this division may inspect the site during the period of construction.

(Ord. of 7-16-02(3))

(a)

Upon completion of all required improvements shown on the approved site plan, the developer shall submit six (6) copies of the completed as-built site plan or building location plat certified by an engineer, architect or surveyor. The "as built site plan" shall be submitted at least one (1) week prior to the anticipated occupancy of any building for review and approval for conformity with the approved site plan and the ordinance and regulations of Franklin County and state agencies. This requirement may be waived in cases in which no public facilities are required or where all public facilities are accepted by the agency which will operate the same and where no further useful purpose would be served by preparation of as-built plans.

(b)

Upon compliance with the terms of this division and the satisfactory completion of construction, the zoning administrator shall release all bonds which may have been furnished.

(Ord. of 7-16-02(3))

A fee shall be paid for the examination and approval or disapproval of every site plan submitted. The fee shall be payable at the time of filing to the Treasurer of Franklin County in the amount required by a fee schedule adopted by the board of supervisors.

(Ord. of 7-16-02(3))

The board of supervisors may amend, supplement or change the regulations in the zoning ordinance, or the zoning boundaries or classifications of property on the zoning map, in conformity with the provisions of title 15.2, chapter 14, article 7, of the Code of Virginia (1950), as amended, and the provisions and purposes of this division.

(Ord. of 5-25-88; Res. No. 12-10-2008, 10-21-08)

The board of supervisors finds that a portion of the police power of the Commonwealth of Virginia has been delegated to each county to be exercised reasonably in determining the manner of its development. The Virginia Legislature has left much discretion to the county in making such determinations, relying on the local governing body's knowledge of local conditions and the needs of its individual communities. Public necessity, health, safety, convenience, general welfare, good zoning practice, and the aesthetic values and priorities of the local citizenry provide guiding factors for the board of supervisors in its quest to exercise its legislative mandate in formulating a reasonable policy of county planning for the general good and welfare.

(Ord. of 5-25-88)

The board of supervisors may amend this chapter by amending the text thereof or by changing any district boundary shown on the adopted zoning map, provided that proceedings for any amendment shall be initiated only in the manner set out below.

(Ord. of 5-25-88)

Amendment of this chapter shall be initiated as follows:

(1)

By the filing with the board of supervisors of a petition of any owner or owners of land proposed to be rezoned, which petition shall be addressed to the board of supervisors and shall be on a standard form and accompanied by a fee set forth in section 25-789. In accordance with 15.2-2286 of the Code of Virginia, this petition shall also include, in the case of any application for a zoning map amendment, zoning ordinance modificiation, zoning concept development plan amendment, special use permit, variance, site plan or zoning permit, the provision of satisfactory evidence from the treasurer's office that any real estate taxes due and owed to the county which have been properly assessed against the property have been paid and that the property shall be in compliance with all county ordinances prior to final approval of such application.

(2)

By motion of the commission.

(3)

By motion of the board of supervisors.

(Ord. of 5-25-88; Res. No. 12-10-2008, 10-21-08)

Prior to any public hearing before the board of supervisors, any applicant for rezoning may voluntarily proffer, in writing, reasonable conditions to be applied to such rezoning as part thereof. Such conditions shall comply with the provisions of section 15.2-2297 of the Code of Virginia; provided, that the proffering thereof by the applicant shall be deemed prima facie evidence of such compliance.

(Ord. of 5-25-88; Res. No. 12-10-2008, 10-21-08)

Upon the approval of any such rezoning, all conditions so proffered and accepted by the board of supervisors shall be deemed a part thereof and nonseverable therefrom and shall remain in force until amended or varied by the board of supervisors in accordance with section 15.2-2302 of the Code of Virginia. All such conditions shall be in addition to the regulations provided for the district by this chapter.

(Ord. of 5-25-88; Res. No. 12-10-2008, 10-21-08)

Each such 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 the zoning index and any required conditional zoning index which shall provide ready access to the ordinance creating such conditions.

(Ord. of 5-25-88)

The zoning administrator shall be vested with all necessary authority on behalf of the board of supervisors of the county to administer and enforce conditions attached to a rezoning, including the ordering in writing of the remedy of any noncompliance with such conditions and the bringing of legal action for injunction, abatement or other appropriate action or proceeding.

(Ord. of 5-25-88)

The commission shall hold a public hearing on any such rezoning petition, ordinance amendment, or resolution, as provided by section 15.2-2285 of the Code of Virginia, after notice as required by sections 15.2-2204 and 15.2-2205 of the Code of Virginia. Required notices to adjoining property owners shall be sent by an agent of the governing body and such notices shall be sent by first class mail. A representative of the agent shall make an affidavit that such mailings have been made and file such affidavit with the papers in the case.

(Ord. of 5-25-88; Res. No. 12-10-2008, 10-21-08)

After the conclusion of the hearing provided for in this section, unless proceedings are terminated as provided herein, the commission shall report to the board of supervisors its recommendation with respect to the proposed amendment. In acting favorably with respect to a proposed amendment initiated by the petition of a property owner or owners, the commission need not confine its recommendation to the proposed amendment as set forth in the petition, but may reduce or enlarge the extent of land that it recommends be rezoned or may recommend that land be rezoned to a different zoning classification than that petitioned for if the commission is of the opinion that such revision is in accord with public necessity, convenience, general welfare and good zoning practice and is in furtherance of the purposes of this chapter and section; provided; that before recommending an enlargement of the extent of land or a rezoning to a less restricted classification than was set forth in the petition, the commission shall hold a further hearing on the matter, pursuant to the requirements of sections 15.2-2204 and 15.2-2205 of the Code of Virginia. No amendment to the zoning map shall be approved for a change in zoning classification different from that applied for and contained in the public notice of hearing nor for any land not included therein without referring said change to the commission for its review and recommendations and proceedings pursuant to this section and section 25-733; provided, however, that an amendment may be approved for only a portion of the area proposed for rezoning if the portion rezoned is accurately and sufficiently delimited in the approval action, or if a portion is reclassified pursuant to sections 15.2-2286, 15.2-2288, 15.2-2287, and 15.2-2303 et seq. of the Code of Virginia, where land may be reclassified as in floodplain districts.

(Ord. of 5-25-88; Res. No. 12-10-2008, 10-21-08)

Upon denial by the board of supervisors of any petition filed pursuant to section 25-732 above, substantially the same petition shall not be reconsidered within twelve (12) months of the date of denial.

(Ord. of 5-25-88)

Any petition filed pursuant to section 25-732 above may be withdrawn upon written request by the applicant any time prior to the submission of any public hearing notice for advertisement; provided, that if the request for withdrawal is made after the publication of the notice of hearing, such withdrawal shall be only with the consent of either the commission or the board of supervisors, whichever body has advertised the hearing, and substantially the same petition shall not be reconsidered within twelve (12) months of the date of action, unless the respective body approving withdrawal specifies that the time limitation shall not apply.

(Ord. of 5-25-88)

Editor's note— Ord. No. 13-02-2019, adopted Feb. 21, 2019, repealed § 25-741, which pertained to posting of property—public hearings and derived from the Ord. of 5-25-88.

Editor's note— Ord. No. 13-02-2019, adopted Feb. 21, 2019, repealed § 25-742, which pertained to posting of property—planning commission hearing and derived from the Ord. of 5-25-88.

Editor's note— Ord. No. 13-02-2019, adopted Feb. 21, 2019, repealed § 25-743, which pertained to posting of property—board of supervisors hearing and derived from the Ord. of 5-25-88.

Editor's note— Ord. No. 13-02-2019, adopted Feb. 21, 2019, repealed § 25-744, which pertained to maintenance and removal of signs and derived from the Ord. of 5-25-88.

Proposed amendments shall be reviewed in regard to sections 25-2, "Purpose and Intent," 25-3, "Relationship to Environment," and 25-4, "Relationship to Comprehensive Plan," of this chapter.

(Ord. of 5-25-88)

For the purposes of providing for orderly growth and reasoned consideration of the potential impact of proposed rezonings, special use permits and zoning text amendments, the board of supervisors will meet on an as-needed basis for consideration of rezoning applications.

(Ord. of 5-25-88)

Any zoning applicant or any other person who is aggrieved by the decision of the zoning administrator in enforcing and guaranteeing conditions to a rezoning (pursuant to section 15.2-2299 of the Code of Virginia) may petition the governing body for the review of the decision of the zoning administrator. All such petitions for review shall be filed with the zoning administrator and with the clerk of the governing body within thirty (30) days from the date of decision for which review is sought, and such petitions shall specify the grounds upon which the petitioner is aggrieved.

(Ord. of 5-25-88; Res. of 10-25-88; Res. No. 12-10-2008, 10-21-08)

A board of zoning appeals, consisting of seven (7) members, shall be appointed in accordance with the provisions of section 15.2-2308 of the Code of Virginia, and shall have such powers and duties as set forth in section 15.2-2309 of the Code of Virginia.

(Ord. of 5-25-88; Res. No. 12-10-2008, 10-21-08)

Cross reference— Powers and duties of board of zoning appeals, § 25-773.

Within the limits of funds appropriated by the board of supervisors, the board of zoning appeals may employ or contract for such secretaries, clerks, legal counsel, consultants and other technical and clerical services as the board of zoning appeals may deem necessary for transaction of its business. These services may also be provided by the county staff with concurrence of the board of supervisors.

(Ord. of 5-25-88)

Members of the board of zoning appeals shall receive such compensation as may be authorized by the board of supervisors, from time to time, by ordinance or resolution.

(Ord. of 5-25-88)

Pursuant to the Code of Virginia, section 15.2-2308, any board member may be removed for malfeasance, misfeasance or nonfeasance in office, or for other just cause, by the court which appointed him, after hearing held after at least fifteen (15) days' notice.

(Ord. of 5-25-88; Res. No. 12-10-2008, 10-21-08)

The board of zoning appeals may, from time to time, adopt such rules and regulations consistent with the ordinances of the county and the laws of the Commonwealth as it may deem necessary to carry out the duties imposed by the chapter. The meetings of the board shall be held at the call of its chairman or at such times as a quorum of the board may determine. The board shall choose annually its own chairman and vice-chairman, who shall act in the absence of the chairman. The chairman, or, in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. 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. All records of official actions shall become part of the permanent records of the board. A quorum shall be a majority of all members of the board.

(Ord. of 5-25-88)

The board of zoning appeals shall have the following powers and duties in accordance with section 15.2-2309 of the Code of Virginia:

(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 or of any regulation adopted pursuant hereto. The decision on such appeal shall be based on the board of zoning appeals' judgment of whether the administrative officer was correct. The determination of the administrative officer shall be presumed to be correct. At a public hearing on an appeal, the administrative officer shall explain the basis for his/her determination after which the appellant has the burden of proof to rebut such presumption of correctness by a preponderance of the evidence. The board shall consider any applicable ordinances, laws, and regulations in marking its decision. For purposes of this chapter, determination means any order, requirement, decision or determination made by an administrative officer. Any appeal of a determination to the board of zoning appeals shall be in compliance with this chapter, notwithstanding any other provision of law, general or special.

(2)

Notwithstanding any other provision of law, general or special, to grant upon appeal or original application in specific cases a variance as defined in section 15.2-2201 of the Code of Virginia, the burden of proof shall be on the applicant for a variance to prove by a preponderance of the evidence that his/her application meets the standard for a variance as defined in section 25-40 definitions and the criteria set out in this section.

a.

Notwithstanding any other provision of law, general or special, 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 this chapter, and (i) 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; (ii) the granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area; (iii) the condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to this chapter; (iv) the granting of the variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification of the property; and (v) the relief or remedy sought by the variance application is not available through a special exception process that is authorized in the ordinance pursuant to subdivision 6 of section 15.2-2309 of the Code of Virginia or the process for modification of a zoning ordinance pursuant to subdivision A4 of section 15.2-2286 of the Code of Virginia at the time of the filing of the variance application.

b.

No such variance shall be considered except after notice and hearing as required by section 15.2-2204 of the Code of Virginia. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board of zoning appeals may give such notice by first-class mail rather than by registered or certified mail.

c.

In granting a variance, the board of zoning appeals may impose such conditions regarding the location, character, and other features of the proposed structure or use as it may deem necessary in the public interest, and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with. Notwithstanding any other provision of law, general or special, the property upon which a property owner has been granted a variance shall be treated as conforming for all purposes under state law and local ordinance; however, the structure permitted by the variance may not be expanded unless the expansion is within an area of the site or part of the structure for which no variance is required under this chapter. Where the expansion is proposed within an area of the site or part of the structure for which a variance is required, the approval of an additional variance shall be required.

(3)

To hear and decide appeals from the decision of the zoning administrator after notice and hearing as provided by section 15.2-2204 of the Code of Virginia. However, when giving any required notice to the owners, their agents, or the occupants of abutting property and property immediately across the street or road from the property affected, the board of zoning appeals may give such notice by first-class mail rather than by registered or certified mail.

(4)

To hear and decide applications for interpretation of the zoning 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 section 15.2-2204 of the Code of Virginia, the board of zoning appeals may interpret the map in such a way as to carry out the intent and the purpose of this chapter for the particular section or district in question. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board of zoning appeals may give such notice by first-class mail rather than by registered or certified mail. The board of zoning appeals shall not have the power to change substantially the locations of district boundaries as established by this chapter.

(5)

No provision of this chapter shall be construed as granting any board of zoning appeals the power to rezone property or to base board decisions on the merits of the purpose and intent of local ordinances duly adopted by the board of supervisors.

(Ord. of 5-25-88; Res. No. 12-10-2008, 10-21-08; Res. No. 14-06-2015, 6-16-15)

Appeal to the board of zoning appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the county affected by any decision of the zoning administrator. Such appeal shall be taken within ten (10) days after the decision appealed from by filing with the zoning administrator, and with the board of zoning appeals, a notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board of zoning appeals all the papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the board of zoning appeals 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 of zoning appeals or by a court of record, on application and on notice to the zoning administrator and for good cause shown.

(Ord. of 5-25-88)

Application for variances may be made by any property owner, tenant, government official, department, board or bureau. Such application shall be made to the zoning administrator in accordance with the provisions of this section and 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 on by the board of zoning appeals. No such variance shall be authorized except after notice and hearing as required by sections 15.2-2204 and 15.2-2205 of the Code of Virginia. The zoning administrator shall also transmit a copy of the application to the commission, which may send a recommendation to the board of zoning appeals or appear as a party at the hearing.

(Ord. of 5-25-88; Res. No. 12-10-2008, 10-21-08)

(a)

Appeals and applications for variances shall be filed with the zoning administrator, together with a fee as set forth in section 25-789.

(b)

The board of zoning appeals shall fix a reasonable time for the hearing of an application or appeal, give public notice thereof pursuant to sections 15.2-2204 and 15.2-2205 of the Code of Virginia, as well as due notice to the parties in interest, and decide the same within sixty (60) days. In exercising its powers, the board of zoning appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from. The concurring vote of four (4) members shall be necessary to reverse any order, requirement, decision or determination of an administrative officer or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to effect any variance from this chapter.

(Ord. of 5-25-88; Res. No. 12-10-2008, 10-21-08)

Any person or persons jointly or severally aggrieved by any decision of the board of zoning appeals, or any taxpayer, or any officer, department, board or bureau of the county, may present to the circuit court of the county a petition specifying the grounds on which aggrieved within thirty (30) days after the filing of the decision in the office of the board of zoning appeals, which petition shall proceed in accordance with section 15.2-2314 of the Code of Virginia.

(Ord. of 5-25-88; Res. No. 12-10-2008, 10-21-08)

Fee and charges cover reasonable administrative costs only and are subject to change as administrative costs vary.

(Ord. of 5-25-88)

Editor's note— As of April 17, 1989, the fee for site plan review is thirty-five dollars ($35.00) plus one dollar ($1.00) per acre.