(A)

Buildings or structures, as defined in § 154.004, shall not be started, reconstructed, enlarged or altered, or a new or expanded use shall not be commenced until a zoning permit has been obtained from the administrator and a building permit has been obtained from the county.

(B)

(1)

The town council may request a review of the zoning permits approved by the zoning administrator.

(2)

Any decision made by the zoning administrator may be appealed to the board of zoning appeals by any aggrieved permit applicant.

(C)

(1)

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, the nature of the proposed use of the building or land and the location of such building or use with respect to the property lines of said parcel of land to the right-of-way of any street or highway adjoining said parcel of land.

(2)

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 shall be issued to the applicant by the administrator. One copy of the drawing shall be returned to the applicant with the permit.

(3)

Each application for a zoning permit shall be accompanied by a check made payable to the town treasurer, in the amount of $35.00; provided, however, that as to development within the Chesapeake Bay Preservation Area Overlay District established pursuant to §§ 154.145 through 154.158, each application will comply with the requirements of the plan of development process set forth in § 154.155.

(D)

A zoning permit shall be granted by the zoning administrator only upon such time as the requirements of § 154.155 are met by the applicant. An approved plan shall be filed with the zoning administrator.

(Ord. passed 9-12-2013)

(A)

Land may be used or occupied or changed in use, and buildings that are structurally altered or erected may be used only after a certificate of occupancy has been issued by the county building official.

(B)

Such a permit shall state that the building or the proposed used or the use of the land complies with the provisions of this chapter.

(C)

A similar certificate shall be issued for the purpose of maintaining, renewing, changing or extending a nonconforming use.

(D)

A certificate of occupancy either for the whole or part or a building shall be issued within ten days upon validation to the zoning administrator that construction of the premises or building, and use thereof, comply with the ordinances and requirements of the town and the county. (See § 154.004.)

(Ord. passed 9-12-2013)

(A)

Where permitted by this chapter, the location of certain uses as stated in the district regulations shall require, in addition to the zoning permit and certificate of occupancy, a conditional use permit.

(B)

The purpose of the conditional use permit is to provide for certain uses which may not be compatible with certain surrounding uses or which may be compatible with surrounding uses only if the use in question is established in conformance with certain limiting conditions.

(C)

In granting such a permit, the governing body and planning commission shall consider the relationship of the use and location in question with the Comprehensive Plan and shall consider the impact of said use upon surrounding properties.

(D)

A conditional use shall be approved only if it is permitted as a conditional use in the district regulations on and only if it is found that the location is appropriate and not in conflict with the Comprehensive Plan.

(E)

Such a permit shall only be granted if it is shown that the use in question will not adversely affect the public health, safety, morals and general welfare and is in compliance with the Chesapeake Bay Act.

(F)

In granting a conditional use permit, the governing body may impose such reasonable conditions as it believes necessary to accomplish the objectives of this chapter, to protect the environment and to protect surrounding properties, persons and neighborhood values.

(G)

Such conditions may include requirements that adequate utilities and off-street parking be provide, that soil erosion and sedimentation be avoided, that proper landscape designs detailing plantings, screening for sight and sound and proper buffers be provided, that businesses and other operations be carried out only at appropriate times, that only certain appropriate activities shall occur, along with other requirements that the governing body deems necessary to accomplish the objectives of this chapter.

(H)

Unless otherwise specified as a condition of approval, the height, area, yard and sign limitations shall be the same as for other uses in the district.

(I)

Applications for a conditional use permit shall be accompanied by a scale drawing as described in other subchapters herein. In addition, the applicant shall be required to provide written notice of the application to all property owners within 300 feet of the property for which the application is being made, two weeks prior to the public hearing to be held by the planning commission as hereinafter set forth.

(J)

The governing body shall approve or deny the application after it has been reviewed by the planning commission and after the planning commission has made its recommendation concerning the application.

(K)

The publication requirements and public hearing requirements of Code of Virginia,, § 15.2-2204, as amended, are incorporated herein by this reference.

(L)

Council may assess an application fee for this permit in an amount to be established by council from time to time.

(Ord. passed 9-12-2013; Ord. No. 2020-07, § 3, 11-17-2020)

(A)

Permitted uses and conditional uses listed in the district regulations shall be lawful in the respective districts, provided they comply with all applicable provisions of this ordinance. All other uses shall be prohibited.

(B)

If in any district established under this chapter a use is not specifically permitted and an application is made by a property owner to the planning commission for such use, the planning commission, in consultation with, and study by, the zoning administrator, shall make its recommendations to the governing body within 100 days.

(C)

If the recommendation of the planning commission is approved by the governing body, the chapter shall be amended to list the use as a permitted use in that district in accordance with the provisions contained herein.

(D)

Without limiting the generality of § 154.018(A) and any other reference in this ordinance to a prohibited or unpermitted use, the following uses shall be specifically and expressly prohibited in the Town of Irvington:

(1)

Use of motorized skateboards and scooters for hire in a one-way rental;

(2)

Utility-scale solar generation facilities.

(3)

Short term rentals which:

(a)

Lack a valid town STR registration or, if exempted from registration, a valid business license permit for the STR operator; or

(b)

Lack a certificate of occupancy or eligibility for a certificate of occupancy; or

(c)

Are located in a boat, tent, or accessory structure.

(Ord. passed 9-12-2013; Ord. No. 2022-06, 8-11-2022; Ord. No. 2022-10, § 1, 9-13-2022)

Whenever there shall be plans in existence approved by either the state department of highways or by the governing body for the widening of any street or highway, the administrator may recommend additional front yard setbacks for any new construction or for any structures remodeled adjacent to the future planned right-of-way for such proposed street or highway widening.

(Ord. passed 9-12-2013)

There shall be provided at the time of erection of any main building or structure or at the time any main building or structure is enlarged or new or expanded use commenced, minimum off-street parking space with adequate provision for entrance and exit by standard sized automobiles as follows.

(A)

In all residential districts there shall be provided either in a private garage or on the lot, space for the parking of two automobiles for each dwelling unit in a new building, or each dwelling unit added in the case of the enlargement of any existing building.

(B)

Bed and breakfasts, inns and hotels shall provide on the lot parking space for one automobile for each accommodation.

(C)

For church and school auditoriums, theaters and other similar places of assembly, at least one parking space for every five fixed seats provided in said building.

(D)

For medical and dental clinics, at least five parking spaces shall be furnished for each doctor or dentist having offices in such clinic.

(E)

For retail stores selling direct to the public, one parking space for each 500 square feet of floor in the building.

(F)

Any commercial building not listed above hereafter erected, converted or structurally altered or any new or expanded use commenced shall provide one parking space for each 100 square feet of floor space in the building.

(G)

Parking space as required in the foregoing shall be on the same lot with the main building, except that in case of buildings other than dwelling, spaces may be located as far away as 600 feet. Every parcel of land hereafter used as public parking area shall be surfaced with gravel, stone, asphalt, concrete, grid or modular pavements or other surfaces as approved by the zoning administrator. It shall have appropriate guards where needed as determined by the administrator. Any lights used to illuminate said parking areas shall be so arranged as to reflect the light away from adjoining premises in the residential district.

(Ord. passed 9-12-2013)

Whenever possible all transmission, distribution and customer utility service facilities including, but not limited to, gas, telephone communications, cable television and public street lights installed within the town should be placed below the surface of the ground.

(Ord. passed 9-12-2013)