(a)

No buildings or structures shall be started, reconstructed, enlarged, altered, and no change in the use of a building shall occur, until a zoning permit has been obtained from the administrator.

(b)

The administrator may request a review by the commission of the zoning permit application in order to determine if the contemplated use is in accordance with the district in which the construction lies.

(c)

Each application for a zoning permit shall be accompanied by three copies of a scale drawing. The drawing shall show the size and shape of the parcel of land on which the proposed building is to be constructed or altered, the nature of the proposed use of the building or land, the location and arrangement of off-street parking, and the location of such building or use with respect to the property lines of said parcel of land and to the right-of-way of any street or highway adjoining said parcel of land. Any other information which the 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 division and the building ordinance, a permit shall be issued to the applicant by the administrator. One copy of the drawing shall be returned to the applicant with the permit.

(Code 1967, § 4-98)

(a)

Land may be used or occupied and buildings structurally altered or erected and may be used or changed in use only after a certificate of occupancy has been issued by the administrator. Such a certificate shall state that the building or the proposed use, or the use of the land, complies with the provisions of this division. A similar certificate shall be issued for the purpose of maintaining, renewing, changing, or extending a nonconforming use.

(b)

A certificate of occupancy either for the whole or a part of a building shall be applied for simultaneously with the application for a zoning permit. The permit shall be issued within ten days after the erection or structural alteration of such building or part has conformed with the provisions of this division.

(Code 1967, § 4-99)

Prior to the initiation of an application by the owner of the subject property, the owner's agent, or any entity in which the owner holds an ownership interest greater than 50 percent, for a special exception, special use permit, variance, rezoning or other land disturbing permit, including building permits and erosion and sediment control permits, or prior to the issuance of final approval, the authorizing body whether it be the town or the county, as applicable, may require the applicant to produce satisfactory evidence that any delinquent real estate taxes, nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on the subject property, that are owed to the locality and have been properly assessed against the subject property, have been paid, unless otherwise authorized by the treasurer.

(Ord. of 1-4-2022(2), § 4-99.1)

(a)

All specifically designated permitted uses as set forth in this division shall require, in addition to all other required permits, a special use permit.

(b)

The town council specifically reserves unto itself the right and authority to issue special use permits. No such special use permit shall be issued except after notice and hearing as set forth in section 28-884.

(c)

Applications for special use permits shall be made to the administrator upon such form as may be required by the administrator. Applicants shall supply such plans and other information as may be required by the administrator. Upon said receipt of said application the administration shall refer it to the commission which shall make its recommendation to the town council.

(d)

If the town council shall find that the use for which a special use permit is sought:

(1)

Will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use;

(2)

Will not be detrimental to the public welfare or injurious to property or improvements in the neighborhood; and

(3)

Will be in accordance with the purposes of this division and the comprehensive plan of the town;

it shall issue the special use permit, provided that all other provisions of law and ordinance shall have been complied with.

(e)

If the town council shall find that the use for which the special use permit is sought does not meet the aforesaid requirements, it shall have the right to deny the special use permit. In granting any special use permit, the council shall designate such conditions in connection therewith as will, in its opinion, ensure that the use will conform to the foregoing requirements and that it will continue to do so and specifically may impose reasonable conditions that:

(1)

Abate or restrict noise, smoke, dust, or other elements that may affect surrounding property;

(2)

Establish setback, side, and front yard requirements necessary for orderly expansion and to prevent traffic congestion;

(3)

Provide for adequate parking and ingress and egress to public streets or roads;

(4)

Provide adjoining property with a buffer or shield from view of the proposed use if such use is considered to be detrimental to adjoining property;

(5)

Tend to prevent such use from changing the character and established pattern of development of the community.

(Code 1967, § 4-100)

If, in established residential districts within the corporate limits of the town, any area to be subdivided where by reason of the exceptional topographical conditions or other extraordinary or exceptional situation the strict application of the terms of the division would actually prohibit or unreasonably restrict the use of the property, the owner may apply for a special use permit allowing the said subdivision on such terms and conditions as may be agreed upon by the owner and the commission with the approval of the town council, provided that any such terms and conditions shall conform to the standards set forth in section 28-407.

(Code 1967, § 4-101)

If, in any district established under this division, a use is neither specifically permitted nor prohibited and falls within the stated intent for uses in such district, an application may be made by a property owner to the administrator for such use by special use permit.

(Code 1967, § 4-102)

In any case in which the commission is required to review an application for a zoning permit, a special use permit or any other type of application or matter the commission shall act on any application or matter received within 30 days after receiving the same except that upon formal notice in writing to the applicant, the time for action may be extended for successive 15-day periods, not exceeding three months. Failure on the part of the commission to act on the application or matter within the established time limit shall be deemed to constitute a decision favorable to the applicant.

(Code 1967, § 4-103)

Whenever there shall be plans in existence approved by either the state department of highways or by the town council for the widening of any street or highway, the commission may recommend additional front yard setbacks for any new construction or for any structures altered or remodeled adjacent to the future planned right-of-way, in order to preserve and protect the right-of-way for such proposed street or highway widening.

(Code 1967, § 4-104)

Where a building permit has been issued and the construction of the building for which such permit was issued is subsequently sought to be prevented, restrained, corrected or abated as a violation of the zoning ordinance, by suit filed within 15 days after the start of construction by a person who had no actual notice of the issuance of the permit, the court may hear and determine the issues raised in the litigation even though no appeal was taken from the decision of the administrative officer to the board of zoning appeals.

(Code 1967, § 4-105)

(a)

As provided by Code of Virginia, § 15.2-2286(A)(16) and for the purpose of enforcing the provisions of this article in instances directly related to apparent violations of this article;

(b)

The zoning administrator, or duly authorized agent, shall have the authority to apply for the issuance of inspection warrants, as provided by Code of Virginia, § 15.2-2286(A)(16) for the purpose of enforcing the provisions of this article by inspection of property to determine whether violations of this article exist.

(c)

The zoning administrator, or agent, shall make an affidavit under oath before a magistrate or court of competent jurisdiction and, if such affidavit establishes probable cause that a zoning ordinance violation has occurred, request that the magistrate or court grant the zoning administrator or agent an inspection warrant to enable the zoning administrator or agent to enter the subject dwelling for the purpose of determining whether violations of the zoning ordinance exist. After issuing a warrant under this section, the magistrate or judge shall file the affidavit in the manner prescribed by Code of Virginia, § 19.2-54. After executing the warrant, the zoning administrator or agents shall return the warrant to the clerk of the circuit court of the city or county wherein the inspection was made.

(d)

The zoning administrator or agent shall make a reasonable effort to obtain consent from the owner or tenant of the subject dwelling prior to seeking the issuance of an inspection warrant under this section.

(e)

The zoning administrator or agent shall only enter the subject dwelling during daylight business hours and only for the purpose of determining whether violations of the zoning ordinance exist.

(f)

(1)

If such inspection warrant is issued, the zoning administrator or agent shall make a reasonable effort to notify the owner or tenant of the premises that an inspection will be conducted. That notice must include the date and time period of the inspection. The notices required herein shall include, but are not necessarily limited to:

a.

Mailing that notice to the last known postal address of the owner; and

b.

Posting it at the front door of the premises no less than five business days prior to the court hearing and five business days before the day of the inspection as the case may be.

(2)

The zoning administrator or agent shall make any and all other reasonable efforts to obtain consent from the owner or tenant of the subject dwelling prior to seeking the issuance of an inspection warrant under this section.

(g)

It shall be a violation of the zoning ordinance for any owner, managing agent, tenant, occupant or other person, to deny the zoning administrator, or duly authorized agent, access to any dwelling after the zoning administrator, or duly authorized agent have obtained an inspections warrant from a court of competent jurisdiction and the foregoing notice requirements have been satisfied.

(h)

Failure to comply with this section shall be enforceable as provided in article XV of this chapter.

(Ord. of 11-9-2021, § 4-105.1)