It shall be the duty of the Zoning Administrator and such deputies as are appointed by him/her to enforce the provisions of this Ordinance and to refuse to issue any permit for any building, or for the use of any premises which would violate any of the provisions of said Ordinance. It shall also be the duty of all officers and employees of the Town to assist the enforcing officer by reporting to the Zoning Administrator any seeming violation in new construction, reconstruction, or land uses.

2.1.

No vacant land shall be occupied or used, except for agricultural uses associated with the conduct of a farm, until a certificate of occupancy shall have been issued by the Administrator.

2.2.

No premises shall be used, and no buildings hereafter erected or structurally altered shall be used, occupied, or changed in use, until a certificate of occupancy and compliance shall have been issued by the Zoning Administrator, stating that the building or proposed use of a building or premises complies with the building laws and the provisions of these regulations.

2.3.

Certificates of occupancy and compliance shall be applied for coincident with the application for a building permit and shall be issued within 10 days after the erection or structural alteration of such buildings shall have been completed in conformity with the provisions of these regulations.

2.4.

A certificate of occupancy may be issued for a part of a building or development or section thereof completed in accord with the terms of this Ordinance even though the entire building or development or section thereof has not been completed.

2.5.

No permit for excavation for any building shall be issued before application has been made for a certificate of occupancy and compliance.

2.6.

A certificate of occupancy shall be required of all non-conforming uses.

2.7.

The Administrator may issue a temporary and contingent certificate of occupancy and compliance for a period not to exceed six months where, because of the unusual nature of the uses, a trial period of operation is in his/her opinion the most appropriate way to determine actual compliance with the terms of this Ordinance.

3.1.

No building or structure shall be erected, constructed, altered, moved, converted, extended, or enlarged, without the owner or owners first having obtained a zoning permit. Such permit shall require conformity with the provisions of this Ordinance. When issued, such permit shall be valid for a period of six months unless a longer period of time is specified thereon in accord with the terms of this Ordinance.

3.2.

No manufactured home shall be placed for occupancy in a manufactured home subdivision without the owner or owners first having obtained a placement permit therefor from the Administrator.

3.3.

No zoning permit by the Administrator or other authorized official, lawfully issued prior to the effective date of this Ordinance, or of any amendment hereto, and which permit, by its own terms and provisions, is in full force and effect at said date, shall be invalidated by the passage of this Ordinance, or any such amendment, but shall remain a valid and subsisting permit, subject only to its own terms and provisions and ordinances, rules, and regulations pertaining thereto, and in effect at the time of the issuance of such permit; provided, that all such permits shall expire not later than six months from the effective date of this Ordinance, unless actual construction shall have theretofore begun and continued pursuant to the terms of said permit.

4.1.

All applications for zoning permits shall be accompanied by a current plat of the property, or if not available, a drawing or plan in duplicate or as required by the Administrator showing, with dimensions, the lot lines, the building or buildings, the location of buildings on the lot and such other information as may be necessary to provide for the enforcement of these regulations, including, if necessary and required in a specific case, a boundary survey and a staking of the lot by a competent surveyor and complete construction plans. The drawings shall contain suitable notations indicating the proposed use of all land and buildings, including the number of families or dwelling units or rental units proposed. The Planning Commission may request any and all additional information that the Administrator deems necessary to determine whether a permit shall be issued, including, but not limited to a site plan.

4.2.

A careful record of the original copy of such applications and plans shall be kept in the offices of the Administrator and a duplicate copy shall be kept at the building at all times during construction. In a particular case, the Administrator may waive the requirement for plans when such plan is clearly unnecessary to a decision or the record on the case.

5.1.

Application. Copies of a concept plan or plans shall be filed with the Town Council through the Administrator. The Administrator shall review the concept plan for compliance with the regulatory ordinances prior to forwarding the application to the Planning Commission and the Town Council. The concept plan shall comply with the applicable requirements of the Land Development and Subdivision Ordinance and Article 13, Section 5 of the Hamilton Zoning Ordinance, and be accompanied by such other written or graphic material as may be necessary or desirable in aiding the decisions of the Town Council and Planning Commission. The Administrator shall forthwith forward the plans and a copy of the application to the Planning Commission. The Administrator may require additional copies of specific sheets for distribution to the members of the Council and Commission.

5.2.

Submission of Concept Plan. Twelve (12) blue line or black line prints shall be submitted to the Administrator. The Administrator shall determine within ten (10) working days if the concept plan meets the minimum submission requirements. If the plan is in order, the Administrator shall forward said plan to the appropriate review agencies for review. Once the Town receives a check for the fees as determined by the fee schedule, the plan shall be considered officially submitted. The Zoning Administrator's review is only to determine whether the documents submitted meet the minimum submission requirements.

5.3.

Conformance with Application Requirements. The Zoning Administrator shall, within an additional ten (10) working days, review the concept plan to determine if it is in conformance with the application requirements of this Ordinance, the Land Development and Subdivision Ordinance and the requirements of the Facilities Standards Manual. If the concept plan is in accordance, then the plan shall be considered as accepted for application and the concept plan shall be forwarded to the Planning Commission.

5.4.

Concept Plan Submission Requirements.

1.

Conformance with Ordinance: All concept plans shall provide all the information necessary to show conformance with this ordinance.

2.

Required Information: All concept plans shall be drawn on numbered sheets 24" × 36" in size and shall contain the following information:

a.

General information to include the name of the proposed development, proposed use of the property, names and addresses of the owner of record and the developer, names and addresses, signature and registration of the engineer or surveyor preparing the plan.

b.

Deed reference, tax map and parcel number, date plan was drawn and dates of any revision, vicinity map at a scale of 1" = 1,000' and existing zoning.

c.

Zoning requirements, including the district, as well as the required and proposed minimum lot size, floor area in square feet, maximum building coverage expressed as floor area ration (FAR), open space in square feet, open space ratio, building setback (restriction) lines for front, rear and sides, parking and setback lines and number of proposed and required parking spaces.

d.

Boundary survey or survey of record provided such survey shows an error of closure within the limit or one in twenty-five hundred (1/2,500), existing easements, buildings, water courses, existing utilities, culverts and drainage outlets.

e.

A topographic map, conforming to National Map Accuracy Standards indicating by whom and what means it was made, having a contour interval of no greater than five feet and related to the United States Coast and Geodetic Survey sea level datum.

f.

Location and width of existing right-of-way and roadways, location and dimension of existing driveways and access points to the site and within 200 feet of the site.

g.

Location of the 100 year floodplain as shown on the most recent Federal Emergency Management Agency (FEMA) maps or the Floodplain Map of Loudoun County and all overland watercourses and drainage structures within the proposed development or within 200 feet of the development.

h.

Names of all owners of record of abutting properties, zone and use of all abutting properties.

i.

Layout plans of proposed buildings, streets, sidewalks, sanitary sewer, storm sewers, water mains, curbs and gutter, including connections to existing water mains, sanitary sewer mains and storm drainage structures.

j.

Layout of provision for collection and discharging of surface drainage.

k.

Plans for sediment and erosion control and stormwater management.

l.

A soils overlay map at a scale of not less than 1" = 200' with accompanying narrative.

m.

The approximate location and type of all existing trees six inches in diameter and greater. If the property is densely wooded, the limits of such wooded area may be shown on the plans in lieu of locating individual trees within those areas.

n.

All sheets shall be clearly marked "Concept Plan" and plans shall have a signature block for approval.

3.

Reserved.

5.5.

Review of Concept Plan.

1.

Distribution. Copies of the concept plan shall be distributed to the following agencies as deemed necessary by the Zoning Administrator.

a.

The Town Engineer, the Town Council and the Planning Commission

b.

The consulting Town Engineer (contract engineer)

c.

The Virginia Department of Transportation

d.

Loudoun County Department of Building and Development

e.

Loudoun County School Board (residential only)

f.

Office of Mapping

2.

Review Period Without State Agency Referral. If the Administrator determines that there is not a need to distribute the concept plan to a state agency for its review, the review by the agencies to whom the plan was referred shall be completed and returned to the Administrator within thirty (30) days after the date on which the concept plan was officially submitted. If an agency cannot respond within this thirty (30) day period, the agency shall so inform the Administrator, in writing, stating the reason for the delay and the expected date of the reply.

3.

Review Period With State Agency Referral. If the Administrator determines that the site plan requires the review of a state agency, the review by such state agency shall be completed and returned to the Administrator within forty-five (45) days after the date on which the site plan was officially submitted. If the agency cannot respond within forty-five (45) day period, the agency shall so inform the Administrator, in writing, state the reason for the delay and the expected date of the reply.

4.

Reserved

5.

Reserved.

5.6.

Action on Concept Plan.

1.

Before recommending approval of a concept plan for a special use permit, the Planning Commission may make reasonable additional requirements, including, but not limited to, requirements as to utilities, drainage, landscaping and maintenance thereof, lighting, signs and advertising devices, buffer-yards, screening, accessways, curb cuts, traffic control, height of buildings and setback of buildings, to protect adjoining residentially zoned lots or residential uses. The concept plan shall be amended in accord with the requirements of the Planning Commission before being submitted to the Town Council with a recommendation for approval. The Planning Commission shall review the plan and prepare its report within a reasonable time, but in no case longer than 90 days after the first public hearing unless the applicant requests additional time in order to prepare revised plans. The Town Council shall not advertise its public hearing until the report and plans shall have been received from the Planning Commission.

2.

Approval by the Town Council of a concept plan for a special use permit shall be valid for a period of two years. Following approval by the Council, a site plan shall be prepared and filed. This plan may be approved by the Zoning Administrator and shall comply with the specifications of the Council and the requirements of this ordinance and applicable laws, regulations, and ordinances governing the development and subdivision of land. Permits shall be issued in accord with the approved and filed plan.

(Ord. of 12-14-2015(1))

Editor's note— Ord. of 12-14-2015(1) amended § 5 and in so doing changed the title of said section from "Procedures for Approval of Site Plans for Special Use Permits Which Require Approval by the Town Council" to "Concept Plans for Special Use Permits," as set out herein.

6.1.

A temporary site plan may be approved by the Administrator for a proposed development or land use for a period not to exceed one (1) year, where development is in progress and all buildings are of a temporary nature. The drainage, erosion, and sediment control practices, parking, screening, fencing, services, and utility requirements of this Ordinance and this Section may be modified for the purpose of a temporary plan.

6.2.

Prior to the approval of such temporary site plan a cash bond or letter of credit approved by the Town Attorney, may be required to guarantee that all structures erected under the plan will be removed at the expiration of the period for which the permit was issued.

No permit shall be issued for any structure in any area covered by a site plan that is required under the provision of this Article except in conformity to such plan which has been duly approved. Permits issued under an approved site plan may be revoked by the Administrator for failure to comply with the approved plan, the conditions attached thereto, or other applicable regulations.

Prior to approval of a zoning permit there shall be executed by the owner or developer, an agreement to construct such required physical improvements in form and substance as approved by the Town. The Town may require a bond with surety or conditions acceptable to the Town Attorney in the amount of the estimated cost of the required physical improvements as determined by the departments, divisions, or agencies responsible for such improvements. The aforesaid agreement, bond, or conditions shall be provided for completion of all work covered thereby, maintenance thereof or for subsequent defects therein, within the time to be determined by the Town Council, which time may be extended by the Town Council upon written application by the owner or developer, signed by all parties (including sureties) to the original agreement. The adequacy, conditions, and acceptability of any bond hereunder shall be determined by the Town Attorney.

Approval of a site plan submitted under the provisions of this Article shall expire five years after the date of such approval unless building permits have been obtained for construction in accordance therewith. A single one-year extension may be given, upon written request by the applicant, to the Administrator, made within ninety (90) days before the expiration of the approved site plan. The Administrator shall acknowledge the request and shall make a decision regarding the requested extension within thirty (30) days after receipt of the request.

Subject to the time limits and conditions specified in this Ordinance, the rights of an owner or developer to continue a project for which a site plan has been approved shall not be abridged so long as he proceeds toward completion with reasonable care and diligence and in accordance with the terms of the approval.

11.1.

The owner or developer shall have one set of approved plans, profiles and specifications available at the site at all times when work is being performed. A designated, responsible employee shall be available for contact by Administrator or Inspectors.

11.2.

Upon satisfactory completion of all installation of the required improvements, the owner shall receive an approval from the Town, upon application for such approval. Such approval will authorize the release of any bond which may have been furnished for the guarantee of satisfactory installation of such improvements or parts thereof. Inspection is to be made within a reasonable time of the request, and the bond released as quickly as circumstances will permit.

11.3.

The installation of improvements as required in this Article shall in no case serve to bind the Town to accept such improvements for the maintenance, repair, or operation thereof, but such acceptance shall be subject to the existing regulations concerning the acceptance of each type of improvement.

12.1.

All persons, firms, or corporations appealing to the Board of Zoning Appeals, necessitating the publication of notices in the newspaper or applying for special use permits under the provisions of this Ordinance or applying for an amendment to the Zoning Ordinance or a change in the classification of the district or a portion thereof, necessitating the publication of notices in the newspaper shall be required to pay in advance a fee in accordance with the schedule of fees adopted by the Town Council. The applicant(s) shall also pay the town's costs for both engineering and legal review associated with these applications.

12.2

The payment of such money in advance to the Administrator as specified shall be deemed a condition precedent to the consideration of such appeal, conditional use application or amendment. Fees shall be Non-refundable.

13.1.

In case any building is erected, constructed, reconstructed, altered, repaired, or converted or any building or land used in violation of this Ordinance, the Administrator is authorized and directed to institute any appropriate action to put an end to such violation.

13.2.

Where there is reasonable cause to believe that a violation of this Ordinance has occurred, the Administrator or his authorized representatives may, with written consent of the owner or occupier of the premises in question on a form provided by the Administrator, enter the premises for the purposes of inspection. Where permission to enter is withheld, the Administrator shall seek a court order from the General District Court of Loudoun County or a search warrant from a magistrate of the jurisdiction as may be appropriate.

13.3.

Any violation of the provisions of this Ordinance that results in physical harm or injury to any person shall be deemed a Class 2 criminal misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than $1,000.00 for each separate offense. Each day during which the violation is found to have existed shall constitute a separate offense.

13.4.

Any violation of the provisions of this Ordinance other than those set forth in Section 13.3 of this Article shall be deemed a civil violation and, upon an admission of liability or finding of liability, shall be punishable by a fine of $200.00 for the first charge and $500.00 for each additional charge. Each day during which the violation is found to have existed shall constitute a separate offense. However, in no event shall specified violations arising from the same operative set of facts be charged more frequently than once in any ten (10) day period, and in no event shall a series of specified civil violations rising from the same operative set of facts result in civil penalties which exceed a total of $5,000.00. Nothing in this subsection shall be construed as to prohibit the Zoning Administrator from initiating civil injunction procedures in cases of repeat offenses.

13.5.

After the Zoning Administrator has issued a notice of violation on any person committing or permitting a violation of the Zoning Ordinance provisions to occur and if such violation has not ceased within such reasonable time as is specified in such notice, the Zoning Administrator shall issue a summons and/or ticket to be issued personally upon such person or posted in a conspicuous location at the site of the violation. If a person complies in writing to a notice of violation, and agrees to cease said violation, no further fines shall be levied after the date of such agreement, provided such agreement is complied with.

13.6.

The summons shall provide that any person summoned for a violation may elect to pay the civil penalty by making an appearance in person or in writing by mail to the Town Treasurer at least 72 hours prior to the time and date fixed for trial and, by such appearance, may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged. Such summons shall provide that a signature to an admission of liability shall have the same force and effect as a judgment of court, however, an admission shall not be deemed a criminal conviction for any purpose.

13.7.

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 by law. A finding of liability shall not be deemed a criminal conviction for any purpose.

No member of the Town Council, Planning Commission or Board of Zoning Appeals, shall participate in the deliberations or vote on any ordinance, resolution, motion, or other proceedings involving any matter in which he, a member of his immediate family, his partner or agent, has a financial interest other than as an owner of not more than five percent of the stock of a corporation, or as a citizen of the Town.

If such interest exists, it shall be the duty of such member to take no part in the deliberations with regard to such matters.

The provisions of this section do not apply to adoption of a comprehensive zoning plan or ordinance applicable throughout the Town.