Galax City Zoning Code
ARTICLE XVI
Administration
§ 160-161 Designation of Zoning Administrator.
The office of Zoning Administrator is hereby established to administer and enforce this chapter. The Zoning Administrator shall be designated by the City Council and may be provided with the assistance of other persons at the direction of the City Council.
§ 160-162 Powers and duties of Zoning Administrator.
The Zoning Administrator shall be responsible for the administration and enforcement of this chapter and shall have all necessary authority on behalf of the City Council to carry out the following duties:
A.
Issuance of permits. The Zoning Administrator shall be responsible for the issuance of zoning and certificate of zoning compliance permits. The Zoning Administrator shall review each application for a zoning permit and may require any other information which he may deem necessary for the consideration of the application.
B.
Zoning permits required. No building or other structure shall be erected, moved, added to or structurally altered, nor any land used or occupied, without a zoning permit issued by the office of the Zoning Administrator.
C.
Permits not to be issued. No zoning permit shall be issued for any land use, building, structure or part thereof which is not in accordance with the provisions of this chapter. Any permit issued in violation of this chapter shall be void and of no effect.
D.
Certificate of zoning compliance. A certificate of zoning compliance shall be issued as follows:
(1)
New construction. A certificate of zoning compliance shall be issued within five working days after construction has been completed. The premises are to be inspected and certified by the office of the Zoning Administrator to be in conformity with the plans and specifications upon which the zoning permit was based. A certificate of zoning compliance issued in violation of this chapter shall be void and of no effect. No permit for excavation or construction shall be issued by the Zoning Administrator before he is satisfied that the plans, specifications and intended use conform to the provisions of this chapter.
(2)
Existing conforming uses or buildings. Upon written request from the owner, the Zoning Administrator shall issue a certificate of zoning compliance for any building or premises existing at the time of the effective date of this chapter, certifying, after inspection, the extent and kind of use made of the building or premises, including the number of employees, and whether such use conforms to the provisions of this chapter.
(3)
Existing nonconforming uses or buildings. A certificate of zoning compliance for all nonconforming industrial and commercial uses shall be applied for by the tenant, owner or agent of the property occupied by such nonconforming use within 12 months from the effective date of this chapter. It shall be the duty of the Zoning Administrator to give public notice in a local newspaper to this effect four times within 60 days of the adoption of this chapter. Upon expiration of the said 12 months, failure to produce a certificate of zoning compliance for any such nonconforming use shall give rise to the rebuttable presumption that such nonconforming use was not lawful on the effective date of this chapter. From and after the effective date of this chapter, the provisions of this section shall apply to any lawful use thereafter made to be a nonconforming use by amendment of this chapter. except that the only public notice required in connection therewith is that required by law prior to such amendment.
E.
Plans required for zoning permits; procedures for approval or disapproval. Each application for a zoning permit shall be accompanied by three copies of a plan, drawn to scale, showing the shape and dimensions of the plot to be built upon, the structures and accessory buildings then existing and the dimensions and location of all proposed buildings or structures, alterations or additions, the existing and intended uses of the land and of each building or part of a building and the number of families or housekeeping units, where applicable, that the building is designed to accommodate. Any other information that the Administrator may deem necessary for consideration of the application may be required.
(1)
If the proposed building or use is found to conform to the provisions of this chapter, the Administrator shall issue a zoning permit to the applicant. One copy of the approved plans shall be issued to the applicant. One copy shall be forwarded or taken to the Building Inspector for his files. One copy shall be retained in the Administrator's files.
(2)
If the proposed building or use is not in compliance, the Administrator shall disapprove of the permit and advise, in writing, the applicant as to what measures could be taken to bring about compliance through a change in the plans. An applicant shall also have the right of appeal as permitted.
F.
Application forms. The Zoning Administrator shall provide application forms and instructions for the applicant, which clearly facilitate timely review of the application. No permit shall be issued without the street address, route number, approximate location, tax parcel number and legal description of the subject property.
(1)
Information shall be submitted, showing the following:
(2)
The site plan shall be accompanied by plans and/or a written description explaining methods proposed for the water supply, sewage disposal, stormwater drainage and prevention of erosion.
(3)
The Administrator may accept an owner-prepared sketch for plans of a single-family construction.
§ 160-163 Procedure and fees for zoning changes, Zoning Map amendments, conditional uses, variances and appeals.
[Amended 2-27-2006; 2-12-2018]
A.
Application and fees.
(1)
The Zoning Administrator shall be responsible for receiving each application for a zoning amendment, zone change to the Zoning Map, conditional use, variance or appeal. The application shall not be processed until the required fee has been paid.
(2)
The fees for the above shall be based upon reasonable costs to pay for the expenses involved. The fees shall be as follows:
Type of Application | Fee |
|---|---|
Zoning amendment | $250 |
Zone change | $250, plus $5 for each certified letter to adjacent owners |
Conditional use | $250, plus $5 for each certified letter to adjacent owners |
Variance | $250, plus $5 for each certified letter to adjacent owners |
Appeal | $250 to Council involving hearing |
Small cell site | $100 each for up to five small cell facilities: and $50 for each additional small cell facility per application |
(3)
The fee may be waived by the Council for any governmental agency.
B.
Procedure.
(1)
The Zoning Administrator shall, after consultation with the Planning Commission Chairman or Mayor, advertise the application for hearing as required by the Code of Virginia, 1950.
(2)
The Zoning Administrator shall be responsible for mailing notice to the affected property owners one week prior to the hearing. Addresses in the Commissioner of the Revenue's office shall constitute valid addresses.
(3)
Requests for a zone change shall be reviewed in conformance with the City's Comprehensive Plan.
§ 160-164 Complaints; penalties; other remedies.
A.
Complaints regarding violations. Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a written complaint. The complaint shall state fully the causes and basis of such complaint and shall be filed with the Zoning Administrator. The Zoning Administrator shall properly record the complaint, immediately investigate and take such action as provided for in this chapter. The City Attorney shall be immediately advised of all violations of this chapter. The City Attorney shall report to the Council any violations not abated through orders issued by the Zoning Administrator.
B.
Penalties for violation.
(1)
Violations of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) following official notification shall constitute a Class 1 misdemeanor and may be punished as provided for by law. Each day such violation exists may be deemed a separate offense.
(2)
The owner or tenant of any building, structure or premises and any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains such violation may be punished as heretofore provided.
C.
Remedies.
(1)
Upon finding that any provision of this chapter is being violated, the Zoning Administrator shall notify, in writing, by certified mail, the person responsible for such violation and order the discontinuance of illegal buildings, structures, illegal additions, alterations or structural changes and the discontinuance of any illegal work being done.
(2)
Should such notice fail to force compliance within 30 days, the Zoning Administrator shall request that the City Council authorize that the City Attorney bring legal action to ensure compliance with the chapter, including an injunction, abatement or other appropriate action or proceeding.
(3)
In case any building or other structure is proposed to be erected, constructed, reconstructed, altered, extended or converted or any building, other structure or land is or is proposed to be used in violation of this chapter, the Zoning Administrator or other appropriate authority of the City government or a neighboring property owner who would be especially damaged by such violation may, in addition to other remedies, institute an injunction, mandamus or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, extension, conversion or use, to correct or abate such violation or to prevent the occupancy of such building or other structure or land.
D.
Appeals. An appeal of the Zoning Administrator's decisions may be filed within 15 days by filing a letter with the Zoning Administrator. Appeals shall go to the Board of Zoning Appeals.
§ 160-165 Conditional uses.
B.
Such conditional uses are deemed to be generally appropriate to the district or districts to which they are assigned under this chapter and reasonably harmonious with the uses permitted in said districts as a matter of right, provided that the location and design of the site in each case is determined by the Planning Commission to be in accord with the standards herein set forth.
C.
It is the intent of this section that the designation of certain uses as conditional for certain districts, and the procedures set forth for the review and approval or disapproval of such uses, be administered so as to further the purposes of this chapter and facilitate the creation of a convenient, attractive and harmonious community.
D.
Procedures for review and approval of conditional uses.
(1)
Any person desiring to use any land or building in a manner classed by this chapter as a conditional use for the district in which said land is located shall make application to the Zoning Administrator for a conditional use permit and shall submit supporting maps and other documents as required by § 160-162E and F.
(2)
Public hearing and report to Council.
(a)
The Zoning Administrator shall forward the application to the Planning Commission, which shall hold a public hearing thereon in accordance with § 15.1-431, Code of Virginia 1950. After receiving a report and recommendation from the Zoning Administrator, the Planning Commission shall either approve or disapprove the application for a conditional use permit. The Planning Commission shall authorize the granting of the permit if it determines that the proposed development is in full compliance with the standards set forth in Subsection E and shall record its finding concerning such compliance. Upon approval by the Planning Commission, a report shall be made to the next City Council meeting. The decision of the Commission shall be final unless the City Council moves to amend or override the Commission's decision.
(b)
The Commission or City Council may impose such other conditions and restrictions as may be necessary to reduce or minimize the injurious effect of the conditional use and ensure compatibility with surrounding property. The Commission or City Council may establish expiration dates for the expiration of any conditional use permit as a condition of approval.
E.
General requirements. A conditional use permit may be granted, provided that the Planning Commission finds that:
(1)
The proposed conditional use is designed, located and operated so that the public health, safety and welfare will be protected.
(2)
The proposed conditional use will not adversely affect other property in the area in which it is located.
(3)
The proposed conditional use is within the provision of conditional uses, as set forth in this chapter.
(4)
The proposed conditional use conforms to all applicable provisions of this chapter for the district in which it is to be located and is necessary for public convenience in that location.
(5)
The proposed use must have direct access on a public road which can safely and adequately handle the automobile and truck traffic generated.
(6)
Satisfactory storm drainage can be provided and there must be adequate safeguards to prevent soil erosion on the site and erosion and sedimentation on the neighboring downhill and downstream properties during and after development.
(7)
There is a satisfactory plan and method for sewage disposal. No effluent shall be discharged into any stream prior to having at least secondary treatment.
(8)
There is suitable provision for the protection of privacy on adjoining property which is now in residential use or which may develop in residential use under the provisions of this chapter. In this section, "protection of privacy" shall mean effective screening against both visual intrusion and noise.
(9)
In the case of manufacturing, there shall not be discernible at any property line of the tract on which the use is located any dust, smoke, odor, noise or glare that results from the operation of the manufacturing use.
(10)
In the case of quarry and mining operations, where permitted as a conditional use, there must be a satisfactory plan for reclamation of the land and restoration of the natural landscape.
F.
Conditions. In authorizing a permit for any conditional use provided for in this chapter, the Planning Commission, after the report and recommendation by the Zoning Administrator, may impose specific conditions on the development and use of land as necessary to assure compliance with the standards set forth in Subsection E. Such conditions may include but are not limited to dimensional requirements for front, side and rear yards greater than those specified elsewhere in this chapter; screening by plantings or fences or other devices; landscaping for appearance; dedication of land for street purposes; the construction of turning lanes on public roads; the prohibition and/or regulation of signs; the requirement of additional parking spaces; and limiting hours of operation.
§ 160-166 Planned unit development.
Planned unit development. Within R-2 and R-3 Districts now existing or which may hereafter be created, it is intended to permit the establishment of planned unit development (PUD) for specialized purposes where tracts suitable in location, area and character for the uses and structures proposed are to be planned and developed on a unified basis. The suitability of tracts for the development proposed shall be determined primarily by reference to the Comprehensive Plan, but due consideration shall be given to the existing and prospective character of surrounding development. This use is intended to permit construction in accordance with a master plan of cluster-type development with individual dwelling units available for sale or rent with open space and common areas under one ownership or control. Within such communities, the location of all improvements shall be controlled in such a manner as to permit a variety of housing accommodations in an orderly relationship to one another, with the greatest amount of open area and the least disturbance to natural features. A PUD may include light commercial facilities to the extent necessary to serve the needs of the particular planned development.
A.
Location. A PUD shall be allowed by special use permit in areas served by public water and sewage disposal systems.
B.
Uses permitted. Uses permitted in a PUD shall be established in compliance with the standards of Articles III through XIII and XV and as provided in the City Code. Uses permitted shall be one or more of the following uses:
(1)
Single-family detached dwellings.
(2)
Two-family detached dwellings.
(3)
Multifamily dwellings.
(4)
Churches.
(5)
Schools.
(6)
Day nurseries or day-care centers.
(7)
Libraries.
(8)
All uses permitted in Business Limited (B-1) intended to primarily serve the needs of the residents of the PUD. Not more than 5% of the gross area of the PUD project shall be devoted to commercial.
(9)
Recreational uses, including clubhouses, golf courses, pools, tennis courts and similar recreational improvements and facilities.
(10)
Accessory uses, as defined.
(11)
Public utilities, such as poles, lines, distribution transformers, meters and water and sewer lines. These should be placed underground when feasible.
C.
Area regulations. The minimum permitted size for any PUD shall be five contiguous acres. Additional land area may be added to an existing PUD if it is adjacent (except for public roads) thereto and forms a logical addition to the existing PUD and is under the same type of ownership or control as the original PUD. The procedure for an addition shall be the same as if an original application were filed.
D.
Density. The permitted density, in dwelling units per gross acre, shall not be more than 10 dwelling units per gross acre.
E.
Required open space. The required open space shall not be less than 50% of the total gross area of the PUD. The required developed recreation space shall not be less than 10% of the total gross area of the PUD.
F.
Management of open space in condominium developments.
(1)
There shall be an establishment of a nonprofit association, corporation, trust or foundation of all individuals or corporations owning residential property within the planned development to ensure the maintenance of open spaces.
(2)
When the development is to administer open space through a nonprofit association, corporation, trust or foundation, said organization shall conform to the following requirements:
(a)
The developer must submit the organization agreement to the City Attorney for approval prior to the sale of any lots.
(b)
Membership in the organization shall be mandatory for all residential property owners, present or future, within the planned community, and said organization shall not discriminate in its members or shareholders.
(c)
The organization shall manage all open space, private driveways, parking and recreational and cultural facilities serving the development; shall provide for the maintenance, administration and operation of said land and improvements and any other land within the planned community; and shall secure adequate liability insurance on the land.
(d)
The organization shall conform to the Condominium Act, §§ 55-79.39 through 55-79.103, Code of Virginia 1950, as amended.
G.
Maximum height. The maximum height of any building or structure in a PUD District shall be 55 feet, subject to the provisions of this article and subject to approval by the governing body.
H.
Streets. Private streets may be permitted in a PUD, provided that their construction standards are approved by the City Engineer, and provided that adequate provisions are made for the maintenance of said private streets.
I.
Utilities. Within a PUD, all utilities, including telephone, television cable and electrical systems, shall be installed underground. Appurtenances to these systems which require aboveground installations must be effectively screened and thereby may be exempted from this requirement.
J.
Site plan review.
(1)
The intent of the site plan review is to provide for a review of the project's compatibility with its environment and with other land uses and buildings in the surrounding area; the ability of the project's traffic circulation system to provide for the convenience and safe internal and external movement of vehicles and pedestrians; the quantity, quality, use, size and type of the project's open space and the plans for the maintenance and upkeep of said open space; the quantity, quality, use, size and type of the project's recreational elements; the impacts upon the existing natural environment; the proposed landscaping improvements; and the project's compliance with this chapter and other applicable ordinances of the City and state.
(3)
In addition to the required content of preliminary and final plats as required by the Subdivision Ordinance, the following shall be submitted for site plan review:
(a)
Existing zoning and zoning district boundaries on the property to be developed and on immediately adjacent properties.
(b)
The boundaries of the property involved, all existing property lines, setback lines, existing streets, buildings, watercourses and other existing physical features in or adjoining the project.
(c)
The topography of the project area at contour intervals of two feet.
(d)
The location of all proposed buildings and structures, accessory and main, showing the number of stories and height, dwelling type, outside dimensions and main excavations by proposed use.
(e)
The proposed location and character of nonresidential uses, accessory and main.
(f)
The proposed location, dimensions and use of all proposed open space, other amenities and improvements, if any, and suitable documentation of the ownership and responsibility for such open space.
(g)
The proposed pedestrian circulation system, including its interrelationships with the vehicular circulation system, indicating the proposed treatment of points of conflict.
(h)
The proposed treatment of the site's periphery, including materials and techniques to be used, such as screens, fences and/or walls.
(i)
The location and screening materials for solid waste containers and other outdoor trash receptacles.
(j)
The location of all trees with a caliper of eight inches or greater existing on the site prior to construction. The site plan shall show wooded areas, which shall be designated by symbols coincident with the area of trees, and an indication of which trees are to be retained.
(k)
The proposed location, dimensions and treatment of the required off-street parking facilities for each individual unit.
(l)
A tabulation of the total number of acres in the project and the percentage of acreage thereof proposed to be allocated to residential units, any nonresidential uses, off-street parking, open space, streets and other reservations.
(m)
A tabulation of the total number of dwelling units, by type, in the project and the overall project density, in dwelling units per gross acre.
(n)
A schedule exhibiting the time frame for project development and completion.