(a)

In accordance with the Code of Virginia, § 15.2-2210, there shall be a planning commission which shall consist of at least five nor more than 15 members, all of whom shall be residents of the locality, qualified by knowledge and experience to make decisions on questions of community growth and development; provided, that at least one-half of the members so appointed shall be owners of real property. The local governing body may require each member of the commission to take an oath of office.

(b)

One member of the commission may be a member of the governing body of the locality, and one member may be a member of the administrative branch of government of the locality. The term of each of these two members shall follow the term of office to which they have been elected or appointed, unless the governing body, at the first regular meeting each year, appoints others to serve as their representatives. The remaining members of the commission first appointed shall serve respectively for terms of one year, two years, three years, and four years, divided equally or as nearly equal as possible between the memberships. Subsequent appointments shall be for terms of four years each. The local governing bodies may establish different terms of office for initial and subsequent appointments including terms of office that are concurrent with those of the appointing governing body. Vacancies shall be filled by appointment for the unexpired term only.

(c)

Members may be removed for malfeasance in office. Notwithstanding the foregoing provision, a member of a local planning commission may be removed from office by the local governing body without limitation in the event that the commission member is absent from any three consecutive meetings of the commission, or is absent from any four meetings of the commission within any 12-month period. In either such event, a successor shall be appointed by the governing body for the unexpired portion of the term of the member who has been removed.

(d)

The local governing body may provide for compensation to commission members for their services, reimbursement for actual expenses incurred, or both.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

State Law reference— Qualifications, appointment, removal, terms and compensation of members of local planning commissions, Code of Virginia, § 15.2-2212.

The planning commission shall elect from the appointed members a chairman and a vice-chairman, whose terms shall be for one year. The commission may:

(1)

Create and fill such other offices as it deems necessary;

(2)

Appoint such employees and staff as it deems necessary for its work; and

(3)

Contract with consultants for such services as it requires.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

State Law reference— Officers, employees and consultants, Code of Virginia, § 15.2-2217.

(a)

The planning commission shall adopt rules for the transaction of business and shall keep a record of its transactions which shall be a public record.

(b)

The planning commission shall designate the time for holding regular meetings and shall meet at least every two months. Special meetings of the commission may be called by the chairman or by two members upon written request to the secretary. The secretary shall provide to all members, at least five days in advance of a special meeting, a written notice designating the time and place of the meeting and the purpose thereof.

(c)

A majority of the members shall constitute a quorum and no action of the planning commission shall be valid unless authorized by a majority vote of those present and voting.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

State Law reference— Code of Virginia, §§ 15.2-2214, 15.2-2215 and 15.2-2217.

The planning commission shall:

(1)

Exercise general supervision of, and make regulations for, the administration of its affairs;

(2)

Prescribe rules pertaining to its investigations and hearings;

(3)

Keep a complete record of its proceedings; and be responsible for the custody and preservation of its papers and documents;

(4)

Make recommendations and an annual report to the governing body concerning the operation of the commission and the status of planning within its jurisdiction;

(5)

Review the zoning regulations and the zoning district map to correct deficiencies, encourage improved building practices, and bring in accordance with the objectives of the comprehensive plan;

(6)

Prepare, publish, and distribute reports, ordinances, and other material relating to its activities; and,

(7)

If deemed advisable, establish an advisory committee or committees.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

State Law reference— Duties of Commissions, Code of Virginia, § 15.2-2221.

(a)

There shall be a board of zoning appeals (hereafter also called the "BZA") which shall consist of five members, each to be a resident of the county and each to be appointed by the county circuit court.

(b)

The terms of BZA members shall be five years, except that original appointments shall be made for such terms that the term of one member shall expire each year.

(c)

Vacancies shall be filled by the county circuit court for the unexpired portion of the term.

(d)

A member may be removed by the court for cause, upon written charges and after a public hearing.

(e)

Each member shall receive such compensation as the board of supervisors may authorize for attendance at each regular or called meeting of the BZA.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

State Law reference— Similar provisions, Code of Virginia, § 15.2-2308; State and Local Government Conflict of Interests Act, Code of Virginia, § 2.2-3100 et seq.

The board of zoning appeals shall elect from the appointed members a chairman and vice-chairman, whose terms shall be for one year. The chairman shall preside at all meetings of the BZA, and, in the chairman's absence, a designated vice-chairman shall preside. The BZA may:

(1)

Elect as its secretary either one of its members or a qualified individual who is not a member of the BZA. The secretary shall keep the minutes and other records of the actions and deliberations of the BZA and perform such other ministerial duties as the BZA shall direct. The secretary may be a salaried county employee and may perform the duties of secretary of the BZA in addition to other regular duties.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

State Law reference— Officers of Board, Code of Virginia, § 15.2-2308.

(a)

The BZA shall adopt such rules of procedure for the transaction of business and shall keep a record of its transactions which shall be a public record.

(b)

Meetings of the BZA shall be held at the call of the chairman and at such other times as the BZA may determine.

(c)

The chairman, or in the chairman's absence the vice-chairman, may administer oaths and compel the attendance of witnesses.

(d)

All meetings of the BZA shall be open to the public.

(e)

A quorum shall be not less than a majority of all the members of the BZA.

(f)

No action of the BZA shall be valid unless authorized by a majority vote of those present and voting.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

State Law reference— Quorum, rules, records of boards, Code of Virginia, § 15.2-2308.

(a)

The board of zoning appeals shall have the following powers and duties:

(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 ordinance adopted pursuant hereto.

a.

Decision on such appeal shall be based on the BZA's judgment of whether the administrative officer was correct.

b.

The BZA shall consider the purpose and intent of any applicable ordinances, laws, and regulations in making its decision.

c.

Appeal decisions are to occur only after notice and hearing as provided by Code of Virginia, § 15.2-2204. 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 BZA may give such notice by first-class mail rather than by registered or certified mail.

(2)

To authorize upon appeal or original application in specific cases such variance from the terms of this chapter provided that the burden of proof shall be on the applicant for a variance to prove by a preponderance of the evidence that the application meets the standard for a variance and the criteria set out in this section.

(3)

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 the ordinance [from which this chapter is derived], or alleviate a hardship by granting a reasonable modification to a property or improvements thereon requested by, or on behalf of, a person with a disability, and:

a.

When a property owner can show that his property was acquired in good faith and any hardship was not created by the applicant for the variance;

b.

The granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area;

c.

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 the ordinance [from which this chapter is derived];

d.

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,

e.

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 Code of Virginia, § 15.2-2309(6) or the process for modification of a zoning ordinance pursuant to Code of Virginia, § 15.2-2286(A)(4) at the time of the filing of the variance application.

(4)

The BZA must consider the guidance of the floodplain administrator for any variance requests within the special flood hazard area (SFHA).

(5)

No variance shall be authorized except after notice and hearing as required by Code of Virginia, § 15.2-2204. 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 BZA may give such notice by first-class mail rather than by registered or certified mail.

(6)

In authorizing a variance, the BZA 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.

(b)

In exercising its powers, the BZA may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision or determination as ought to be made.

(c)

Notwithstanding any other provision of law, 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, any expansion within an area of the site or part of the structure for which a variance has been granted, the approval of an additional variance shall be required.

(d)

To hear and decide applications for interpretation of the district map where there is any uncertainty as to the location of a district boundary. After notice to the owners of the property affected by the question, and after public hearing with notice as required by Code of Virginia, § 15.2-2204, the BZA may interpret the map in such way as to carry out the intent and 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 BZA may give such notice by first-class mail rather than by registered or certified mail. The BZA shall not have the power to change substantially the locations of district boundaries as established by ordinance.

(e)

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

(f)

The BZA by resolution may designate a schedule of regular meetings, and may also designate the day or days to which any meeting shall be continued if the chairman, or vice-chairman if the chairman is unable to act, finds, and declares that weather or other conditions are such that it is hazardous for members to attend the meeting. Such finding shall be communicated to the members and the press as promptly as possible. All hearings and other matters previously advertised for such meeting in accordance with Code of Virginia, § 15.2-2312 shall be conducted at the continued meeting, and no further advertisement is required.

(g)

The BZA shall keep a complete record of its proceedings; and be responsible for the custody and preservation of its papers and documents.

(h)

The board of zoning appeals shall submit a report of its activities to the board of supervisors at least once each year.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

State Law reference— Powers and duties of board, Code of Virginia, § 15.2-2309.

The intent of this section is to implement the comprehensive plan goal of protecting our natural, scenic and historic resources and provide a means to recognize and protect the historic, architectural, cultural, and artistic heritage of the community, and to promote and protect the health, safety, recreational, educational, economical and general welfare of the community through the identification, preservation and enhancement of buildings, structures, districts, sites, objects, neighborhoods, landscapes, places and areas which have special historical, cultural, artistic, architectural or archaeological significance as provided by the Code of Virginia, § 15.2-2306, hereinafter the "Virginia Code."

It is hereby recognized that the deterioration, destruction or alteration of said buildings, structures, districts, sites, objects, landscapes, places and areas may cause the permanent loss of unique resources which are of great value to current and future generations of our community, the Commonwealth of Virginia, and the nation, and that the special controls and incentives are warranted to ensure that such losses are avoided.

The purpose for establishing a historic district are:

(1)

To protect the historic significance and integrity of the properties within the historic district(s) which are or may be recognized for having association with historic events that have made a significant contribution to the broad patterns of our history; or have association with significant persons; or possess distinctive characteristics of a type, period, or method of construction of that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or have the potential to yield information important to prehistory or history.

(2)

To preserve and improve the quality of life and sense of place for residents by protecting familiar and treasured tangible, visual elements in the area.

(3)

To promote tourism and other economic benefits by protecting historical, architectural, archaeological, and cultural resources, including historic landscapes attractive to visitors and thereby supporting local business and industry.

(4)

To stabilize and improve property values by providing incentives for the upkeep and rehabilitation of significant older buildings and structures and encourage appropriate land use planning and development that will enhance both the economic viability and historic character of the district.

(5)

To educate residents, students and tourists about the local cultural and historic heritage as embodied in the historic district(s) through the preservation of our architectural and archaeological past that demonstrates the social and artistic development pattern of our predecessors.

(6)

To promote local historic preservation efforts and to encourage the identification and nomination by their owners of eligible individual historic properties to the National Register of Historic Places and the Virginia Landmarks Register.

(7)

The promotion of harmony of style, geographical context, form, color, proportion, scale, height, width, spacing, setback, orientation, rhythm, traditional quality, appearance, texture, finish and material between buildings of historic design and those of more modern design.

(8)

To develop the historic areas, not in a vacuum, but as a vital area in which each succeeding generation may build with the quality and sensitivity of past generations.

(9)

Encourage sound stewardship and foster a sense of pride in heritage resources.

For the purpose of administering the requirements of the historic preservation district (HP), the county historic preservation architectural review board (HPARB) is hereby established and shall consist of at least five voting members, of which at least four shall be residents of the county and who shall have demonstrated a knowledge of and interest in the preservation of historical and architectural landmarks. Members shall be appointed by the board of supervisors for terms of four years, except that the board of supervisors may elect to make any of the initial appointments for terms of less than four years to provide for staggered terms of office. Each HPARB member shall serve until a successor is appointed. An appointment to fill a vacancy shall be only for the unexpired term. At least one member of the HPARB should have professional training or equivalent experience in architecture, history, architectural history, archaeology, or planning.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

The presence of a majority of the members of the HPARB shall be required to conduct business, and all decisions shall be made by majority vote of those present. The HPARB shall, from time to time, elect its officers and shall adopt rules of procedures not inconsistent with this chapter or with state law.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

The HPARB:

(1)

May adopt rules and standards for the transaction of its business such as bylaws and design guidelines without amendment to this chapter as approved by the board of supervisors.

(2)

Shall hear and decide all applications for certificates of approval;

a.

No historic landmark, structure, building, or sign, within an HP district shall be erected, reconstructed, substantially altered, moved, razed, destroyed nor restored in an HP district until the plans for such shall have been approved by the historic preservation and architectural review board (HPARB), and a certificate of approval issued. This requirement shall not apply to regular maintenance functions but shall apply to reconstruction, restoration, or new construction and shall not apply to reconstruction, restoration, or improvements that are solely to the interior of structures. The term "signs" shall be deemed to include those located within a building or structure which are, plainly visible from a public street, way, or place.

b.

The HPARB may, after reviewing the application in any case involving only reconstruction or restoration, waive part or all of the requirements of this section upon a written finding that the application involves reconstruction or restoration only, will not materially affect the exterior appearance of the structure, and will not have an adverse impact on the character of the historic site. This decision of waiver shall constitute a final decision of the HPARB and shall be appealable to the county board of supervisors.

(3)

Shall review and may make advisory recommendations on all applications for conditional use permits, special exceptions, and variances proposed within a HP district;

(4)

May propose the establishment of additional historic preservation districts, and revisions to existing HP districts;

(5)

Shall administer the provisions of this chapter in accordance with duties as set forth in each section;

(6)

Shall develop and recommend the board of supervisors, as well as periodically review, appropriate design guidelines that are consistent with guidelines established herein and the secretary of the interior's standards and guidelines for rehabilitation, for each such district and which have been approved by the board of supervisors;

(7)

May, from time to time, recommend areas for designation as historic districts, and additions or deletions to districts;

(8)

Shall review and approve or deny all applications for certificates of appropriateness in any historic district. Decisions of the board are binding upon applicants, unless and until said decisions are overturned on appeal;

(9)

Act in an advisory role to other officials and departments of the locality regarding protection of local historic resources;

(10)

Periodically conduct, or cause to be conducted, a survey of historic resources in the community according to guidelines established by the state historic preservation office;

(11)

Disseminate information within the locality on historic preservation issues and concerns;

(12)

Coordinate local preservation efforts with those of local historic and preservation organizations, the Virginia Department of Historic Resources, and other parties, both public and private;

(13)

Receive and act on public comment;

(14)

Advise owners of historic properties on issues of preservation, as requested;

(15)

Make recommendation to the board of supervisors regarding authorization of plaques to commemorate historic resources;

(16)

Seek out funds to forward the purposes of this chapter, and to make recommendations to the board of supervisors regarding the use of those funds;

(17)

Investigate and support incentives programs including heritage tourism events and activities; and

(18)

Investigate and support heritage education activities.

(19)

Shall make annual reports to the board of supervisors reviewing the activities of the previous year.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Any applicant or any owner of property located within the particular HP district in question, when aggrieved by a decision of the HPARB, may appeal such decision to the board of supervisors, which shall review the determination of the HPARB.

(b)

Any applicant or owner of property located within the particular HP district in question, when aggrieved by a final decision of the board of supervisors, may appeal its decision to the circuit court.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Generally. Whenever the public necessity, convenience, general welfare, or good zoning practice requires, the board of supervisors may, from time to time, amend, supplement, or change, by ordinance, the boundaries of the districts or the regulations established in this chapter.

(1)

This chapter shall not be amended or reenacted unless the board of supervisors has referred the proposed amendment or reenactment to the local planning commission for its recommendations. If after 100 days no recommendation has been made, the board of supervisors shall assume that the planning commission concurs with the application and supports amending this chapter unless the proposed amendment or reenactment has been withdrawn by the applicant prior to the expiration of the time period. The board of supervisors shall thereafter take any action it deems appropriate.

(2)

All motions, resolutions, or petitions for amendment to the zoning ordinance and/or map shall be acted upon and a decision made within such reasonable time as may be necessary which shall not exceed 12 months unless the applicant requests or consents to action beyond such period or unless the applicant withdraws his motion, resolution or petition for amendment to the zoning ordinance or map, or both.

(3)

The zoning administrator shall cause the zoning district map to be updated as frequently as necessary to ensure that zoning data shown thereon are both accurate and current. Accordingly, all changes affecting the zoning district map that are approved by the board of supervisors shall be entered onto the original official zoning district map within not less than 60 days following the approval of such changes. After updating sections of the zoning district map, working prints of any updated section thereof upon which modifications have been made shall be inserted into all sets of the zoning district maps that are used for public viewing and administration.

(b)

Initiation of change. Pursuant to Code of Virginia, § 15.2-2286.7, any amendment to this chapter may be initiated by:

(1)

Resolution of the board of supervisors;

(2)

Resolution of the planning commission; or

(3)

Petition of the owner, contract purchaser with the owner's written consent, or the owner's agent therefor, of the property which is the subject of the proposed zoning map amendment, addressed to the board of supervisors or the planning commission, who shall forward such petition to the board.

(c)

Submission procedure. An application must be submitted in writing on prepared forms provided by the director of community development. The application must be accompanied by the documents specified.

(1)

Documents to be submitted for a zoning map change are as follows:

a.

A legal description of the property for which the change of zoning is requested.

b.

The names and addresses as far as practicable of the property owners abutting the property or across the street from it.

c.

A concept plan which may be general and schematic but shall show the following:

1.

A certified plat of the subject property showing metes and bounds of all property lines, existing streets and subdivisions.

2.

Proposed land uses to be developed.

3.

If any, the approximate total number, density, type, and price range of dwelling units and the range of lot sizes for the various dwelling types.

4.

If any, the general location of proposed open space and recreational areas.

5.

If any, the general location and type of commercial uses to be developed.

6.

The general location and character of the proposed major roads, trails, public utility and storm drainage systems.

7.

A statement on the proposed development schedule.

8.

A written analysis of the public facilities, roadway improvements, and public utilities that will be required to serve the development.

9.

Any additional information as deemed reasonably necessary by the zoning administrator.

d.

A filing fee to defray the cost of processing, including advertising of such petition, which shall be made payable to the county.

e.

For applications for a zoning map change subject to conditional zoning, additional requirements as established in article V of this chapter.

(2)

Documents to be submitted for a zoning text change are as follows:

a.

Proposed wording or rewording of the text to be amended with references to the article, section, and subsection numbers that are proposed to be amended.

b.

Narrative description of the purposes to be served by the proposed amendment and how it would change the regulations of this chapter.

c.

A filing fee to defray the cost of processing, including advertising of such petition, which shall be made payable to the county.

(d)

Analysis and processing of application. Upon receipt of application, the director of community development has seven business days to:

(1)

Determine submission completeness.

(2)

Advise the applicant of any additional material to be submitted.

(e)

Upon receipt of all submission requirements, the director of community development shall take the following actions:

(1)

Notify the applicant that the application has been received and is being processed for public hearing before the planning commission and the board of supervisors.

(2)

Provide other agencies with copies of appropriate documents, in cases when such agencies are required by other provisions of this chapter to review applications.

(3)

Arrange for notice of the public hearings to be held before the planning commission and board of supervisors on the proposal and perform other administrative duties required during the amendment process.

(4)

Prepare an analysis of the proposal and prepare a written report to the planning commission and board of supervisors giving the staff's findings and recommendations concerning the proposal prior to the public hearings.

(5)

Submit the application to the planning commission and board of supervisors with a certification that all of the conditions for application for rezoning have been met and the filing fee paid.

(f)

Public notice.

(1)

In accordance with Code of Virginia, § 15.2-2204 the planning commission shall not recommend nor shall the board of supervisors adopt any plan, ordinance, or amendment until notice of intention to do so has been published once a week for two successive weeks in some newspaper published or having general circulation in the locality, provided that such notice for both the planning commission and the board may be published concurrently. Such notice shall specify the time, place, and nature of a hearing at which persons affected may appear and present their views. The hearing shall be held not less than five days nor more than 21 days after the second advertisement shall appear in such newspaper. Each such advertisement shall contain a reference to the places within the county where copies of the proposed plans, ordinances or amendments may be examined. In addition, the planning commission shall cause the date, time, place, and nature of the hearing to be posted conspicuously on the property in accordance with the rules of the planning commission and a certificate of posting shall become a part of the record of the hearing. In the case of a proposed amendment to the zoning map, the public notice shall state the general usage and density range of the proposed amendment and the general usage and density range, if any, set forth in the applicable part of the comprehensive plan. No land may be zoned to a more intensive use classification than was contained in the public notice without an additional public hearing after notice pursuant to the Code of Virginia, § 15.2-2204.

(2)

The planning commission and board of supervisors may hold a joint public hearing after public notice as set forth herein, and if such joint hearing is held, public notice as set forth above need be given only by the board of supervisors. The term "two successive weeks," as used in this subsection, shall mean that such notice shall be published at least twice in such newspaper, with not less than six days elapsing between the first and second publications.

(3)

As directed by the Code of Virginia, § 15.2-2204, when a proposed amendment of this chapter involves a change in the zoning classification of 25 or fewer parcels of land, then, in addition to the advertising as above required, written notice shall be given at least five days before the hearing to the owner or owners, their agent, or the occupant of each parcel involved, to the owners, their agent or the occupant of all abutting property and property immediately across the street or road from the property affected, and, if any portion of the affected property is within a planned unit development, then to such incorporated property owners' association within the planned unit development that has members owning property located within 2,000 feet of the affected property. Notice shall also be given to the owner, the owner's agent or the occupant of all abutting property and property immediately across the street from the property affected which lies in King William County. Notice sent by first class mail to the last known address of such owner as shown on the current real estate tax assessment records shall be deemed adequate compliance with this requirement. If the hearing is continued, notice shall be remailed.

(4)

When a proposed amendment of this chapter involves a change in the zoning map classification of more than 25 parcels of land, or a change to the applicable ordinance text regulations that decreases the allowed dwelling unit density of more than 25 parcels of land, then, in addition to the advertising as required in this section, written notice shall be given by the Planning Commission, or its representative, at least five days before the hearing to the owner or agent of each parcel of land involved; provided, however, that written notice of such changes to this chapter's text regulations shall not have to be mailed to the owner or agent of lots shown on a subdivision plat approved and recorded pursuant to the provisions of Code of Virginia, § 15.2-2240 et seq. where such lots are less than 11,500 square feet. One notice sent by first class mail to the last known address of such owner as shown on the current real estate tax assessment books or current real estate tax assessment records shall be deemed adequate compliance with this requirement, provided that a representative of the commission shall make affidavit that such mailings have been made and file such affidavit with the papers in the case. Nothing in this subsection shall be construed as to invalidate any subsequently adopted amendment or ordinance because of the inadvertent failure by the representative of the commission to give written notice to the owner or agent of any parcel involved.

(5)

In the case of a condominium or a cooperative, the written notice may be mailed to the unit owners' association or proprietary lessees' association, respectively, in lieu of each individual unit owner.

(6)

Whenever the notices required hereby are sent by an agency, department, or division of the board of supervisors, or their representative, such notices may be sent by first class mail; however, a representative of such agency, department or division shall make affidavit that such mailings have been made and file such affidavit with the papers in the case.

(7)

A party's actual notice of, or active participation in, the proceedings for which the written notice provided by this subsection is required shall waive the right of that party to challenge the validity of the proceeding due to failure of the party to receive the written notice.

(g)

Notice to adjacent jurisdiction. When any proposed change of a zoning district boundary lies within one-half mile of a county or municipal boundary, notice of the proposal, together with the date, time and place of the public hearing thereon, if such hearing has been scheduled, shall be forwarded to the planning commission, if such exists, or the governing body of the adjacent county or municipality in order to give such jurisdiction an opportunity to appear at the hearing or express its opinion on the effect of such boundary change.

(h)

Additional public notice. When a proposed change in zoning map classification involves any parcel of land located within 3,000 feet of a boundary of a military base, military installation, military airport, excluding armories operated by the Virginia National Guard, or licensed public-use airport then, in addition to the advertising and written notification as required by this section, written notice shall also be given by the local commission, or its representative, at least 30 days before the hearing to the commander of the military base, military installation, military airport, or owner of such public use airport, and the notice shall advise the military commander or owner of such public-use airport of the opportunity to submit comments or recommendations.

(i)

Action by board of supervisors. In determining what, if any, amendments to this chapter or the zoning district map are to be adopted, the board of supervisors shall:

(1)

Consider the proper relationship of such amendment to the entire zoning plan.

(2)

Consider the integrity and validity of the zoning districts described in this chapter.

(3)

Avoid isolated unplanned spot-zoning changes in the zoning district map.

(4)

Recognize that a certain element of stability is desirable in land use controls but conditions and standards will change.

(5)

Consider the right of all citizens to be treated reasonably.

(6)

Evaluate all changes based on the comprehensive plan and a comprehensive analysis of community conditions.

(j)

Any amendments adopted by the board of supervisors may be modified from the form in which they were advertised within the limits necessary to relate properly such amendments to the zoning plan and ordinance; provided, however, that no land may be zoned to a more intensive use classification than was contained in the public notice without an additional public hearing after notice as required in this article.

(k)

Reconsideration; one-year limitation.

(1)

Whenever a petition requesting an amendment, supplement, or change has been denied by the board of supervisors, such petition, or one substantially similar, shall not be reconsidered sooner than 12 months after the previous denial.

(2)

Whenever a petition requesting an amendment has been withdrawn, such petition, or one substantially the same, shall not be reconsidered within 12 months of the first publication notice of a public hearing with the planning commission. This shall not impair the right of either the planning commission or the board of supervisors to propose any amendment to this chapter on their motion at any time.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Zoning permit. No building permit, manufactured home permit, or occupancy permit shall be issued by the building official unless the zoning administrator first shall have issued a zoning permit which acknowledges that the proposed use, structure, or building complies with the provisions of this chapter or authorized variance therefrom.

(b)

Building permit. No building or temporary building structure shall be erected, constructed, altered, moved, converted, extended, or enlarged without the owner or owners first having obtained a building permit. Such permit shall require conformity with the provisions of this chapter. 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 chapter.

(c)

Manufactured home permit. No manufactured home or trailer for any purpose shall be placed for occupancy at any location inside a manufactured home park without the owner or owners first having obtained a placement permit therefor from the zoning administrator.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

A zoning permit must be approved prior to obtaining a building permit. The requirements for submitting a zoning permit include the following:

(1)

Completed zoning permit application as provided by the zoning office;

(2)

Professionally sealed plat or site plan;

(3)

Virginia Department of Health and Virginia Department of Transportation (VDOT) approvals, if applicable;

(4)

Schedule a permit application review, if required by the zoning administrator; and,

(5)

Plans as outlined in the section below.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

All applications for building permits shall be accompanied by a plat drawn by a licensed land surveyor and a drawing or plan in duplicate or as required by the zoning administrator showing, with dimensions, the following:

(1)

The plat must be drawn to scale and include a graphic scale and north arrow.

(2)

Building footprint and height for existing and proposed structures including driveways, pedestrian paths, and any accessory structures.

(3)

Setbacks from all property lines.

(4)

Limits of clearing and location of silt fence and construction entrance.

(5)

Topography.

(6)

Any easements or rights-of-way.

(7)

Flood zone with limits of the 100-year floodplain and provide the FIRM, community panel number.

(8)

Chesapeake Bay Preservation Area (RPA-RMA).

(9)

Location of primary and reserve septic systems and well location.

(10)

Note any variances that have been approved.

(11)

For water related construction (piers, bulkheads, rip-rap, boathouse, and other water related structures), application must be submitted with approvals from the Army Corps of Engineers, Virginia Marine Resources Commission and the Local Wetlands Board.

(12)

Label adjoining road and state route.

(13)

Suitable notations indicating the proposed use of all land and buildings, including the number of families or dwelling units or rental units proposed.

(14)

And such other information as may be necessary to provide for the enforcement of the regulations of this chapter;

(15)

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.

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

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

The owner 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 the zoning administrator or inspector.

(b)

Upon satisfactory completion of all installations of the required improvements, the owner shall receive an approval from the zoning administrator, 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.

(c)

The installation of improvements as required in this chapter shall in no case serve to bind the county to accept such improvements for maintenance, repair or operation. Improvements shall be subject to the existing regulations for approval of each type of improvement.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

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 building official.

(b)

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 have been issued by the building official, stating that the building or proposed use of a building or premises complies with the building laws and the provisions of this chapter.

(c)

Certificates of occupancy and compliance shall be applied with the application for a building permit and shall be issued within ten days after the erection or structural alteration of such buildings shall have been completed in conformity with the provisions of this chapter. A record of all certificates shall be kept on file in the office of the building official.

(d)

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

(e)

A certificate of occupancy shall be required of all nonconforming uses.

(f)

The building official 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 opinion the most appropriate way to determine actual compliance with the terms of this chapter.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

Applications to the board of zoning appeals shall be filed with the secretary to that board for any action or appeal on any matter upon which the board of zoning appeals is required to hear and decide in accordance with the requirements of this article.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Generally. A conditional use may be approved by the board of supervisors for any use specifically identified as a permitted conditional use in the use matrix in article VII of this chapter. In approving these conditional uses, the board of supervisors may, in addition to the general regulations applicable to the zoning district in which the conditional use is located, impose any additional reasonable conditions in connection therewith that it deems necessary to ensure that the conditional use will be consistent with the overall intent and spirit of this chapter. The board of supervisors may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with.

(b)

Minimal requirement. A conditional use permit shall not be issued unless the board of supervisors shall find that:

(1)

The proposed use will not adversely affect the health, safety, or welfare of persons residing or working in the general proximity, of the proposed use. Nor will the proposed use be detrimental to public welfare or injurious to the property or improvements in the neighborhood. Among matters to be considered in this connection are traffic congestion, noise, lights, dust, odor, fumes, and vibrations, with due regard for timing of operation, screening, and other matters which might be regulated to mitigate adverse impact.

(2)

The proposed use will conform to the comprehensive plan, or to specific elements of such plan, and the official policies adopted in relation thereto, including the purposes and the expressed intent of this chapter.

(c)

Procedures. The procedures governing and the documentation required for an application to the board of supervisors requesting approval of a conditional use, where required by this chapter, shall be the same as the procedures, public notice, and documentation required for amending this chapter, as described under section 86-19, except that the application shall also include the following:

(1)

A preliminary site plan in accordance with article XVII of this chapter.

(2)

The front, side, and rear elevations and floor plans of any proposed buildings or structures.

(3)

Any special information requested by the zoning administrator which is necessary to evaluate the impact of the proposed use by the planning commission, board of supervisors, state department of transportation, health department, or other public agencies having an interest in the impact of the proposed use.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

In cases where applications which are related to the same project request amendments to the zoning district map, amendments to the zoning text, application for a conditional use permit, application to establish a floating zone, or other approvals required to be made by the board of supervisors, it is the policy of the county that such applications may be submitted and processed as if they were a single application. Notwithstanding the provisions of this section, in matters of advertising, public hearings, and action by the planning commission and board of supervisors, each application shall be advertised as provided for in this article.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

Prior to the initiation of an application for a special exception, conditional use permit, variance, rezoning, zoning or land disturbing permit, the applicant shall produce satisfactory evidence that any delinquent real estate taxes owed to the county which have been properly assessed against the subject property have been paid in full.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

Applicants or appellants shall be required to pay, in advance, filing and processing fees as may be established from time to time by the board of supervisors.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

State Law reference— Collection of fees, Code of Virginia, § 15.2-2286(A)(6).

(a)

As authorized by Code of Virginia, § 15.2-2286(4), it shall be the duty of the zoning administrator, floodplain administrator or authorized representative of King William County to enforce the provisions of this chapter 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 this chapter. It shall also be the duty of all officers and employees of the county to assist the enforcing officer by reporting any seeming violation in new construction, reconstruction, or land uses. The zoning administrator is authorized and directed to institute any appropriate action to put an end to such violation.

(b)

Where there is reasonable cause to believe that a violation of this chapter has occurred, the zoning administrator or authorized representatives may, with written consent of the owner or of the occupier of the premises in question on a form provided by the zoning administrator, enter the premises for the purposes of inspection. Where permission to enter is withheld, the zoning administrator shall seek a court order from the county general district court or a search warrant from a magistrate of the jurisdiction as may be appropriate and authorized by Code of Virginia, § 15.2-2286(15).

(c)

Upon becoming aware of any violation of the provisions of this chapter, the zoning administrator may proceed to issue a civil summons, as authorized by the Code of Virginia, § 62.1-44.15:74(E).

(1)

Any person who: (i) violates any provision of this article or (ii) violates or fails, neglects, or refuses to obey any final notice, order, rule, regulation, or variance or permit condition authorized under this article shall, upon such finding by the circuit court, be assessed a civil penalty not to exceed $5,000.00 for each day of violation. Such civil penalties may, at the discretion of the court, be directed to be paid into the treasury of the county for the purpose of abating environmental damage to or restoring Chesapeake Bay Preservation Areas within the county.

(2)

With the consent of any person who (i) violates any provision of this article or (ii) violates or fails, neglects, or refuses to obey any notice, order, rule, regulation, or variance or permit condition authorized under this article, the director may provide for the issuance of an order against such person for the one-time payment of civil charges for each violation in specific sums, not to exceed $10,000.00 for each violation. Such civil charges shall be paid into the treasury of the county for the purpose of abating environmental damage to or restoring Chesapeake Bay Preservation Areas within the county. Civil charges shall be in lieu of any appropriate civil penalty that could be imposed under subsection (c)(1). Civil charges may be in addition to the cost of any restoration required or ordered by the director.

(d)

Any person summoned or issued a ticket for a violation may make an appearance in person or in writing by mail to the county treasurer prior to the date set for trial in court. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged after first agreeing in writing to abate or remedy the violation within a specified timeframe. Such persons shall be informed of their right to stand trial and that a signature to an admission of liability will have the same force and effect as a judgement of court.

(e)

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 for by law.

(f)

Specified violations arising from the same operative set of facts shall not be charged more frequently than once in any ten-day period.

(g)

The violation may be prosecuted as a criminal misdemeanor instead of a civil penalty under Code of Virginia, § 15.2-2286(5).

(1)

For the imposition of penalties upon conviction of any violation of the zoning chapter. Any such violation shall be a misdemeanor punishable by a fine of not more than $1,000.00. If the violation is uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in compliance with the zoning chapter, within a time period established by the court. Failure to remove or abate a zoning violation within the specified time period shall constitute a separate misdemeanor offense punishable by a fine of not more than $1,000.00; any such failure during a succeeding ten-day period shall constitute a separate misdemeanor offense punishable by a fine of not more than $1,500.00; and any such failure during any succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-day period punishable by a fine of not more than $2,000.00.

(2)

Any conviction resulting from a violation of provisions regulating the number of unrelated persons in single-family residential dwellings shall be punishable by a fine of up to $2,000.00. Failure to abate the violation within the specified time period shall be punishable by a fine of up to $5,000.00, and any such failure during any succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-day period punishable by a fine of up to $7,500.00. However, no such fine shall accrue against an owner or managing agent of a single-family residential dwelling unit during the pendency of any legal action commenced by such owner or managing agent of such dwelling unit against a tenant to eliminate an overcrowding condition in accordance with the Virginia Residential Landlord and Tenant Act (§ 55.1-1200 et seq.). A conviction resulting from a violation of provisions regulating the number of unrelated persons in single-family residential dwellings shall not be punishable by a jail term.

(h)

If the violation is uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in compliance with this chapter, within a time period established by the court. Failure to remove or abate a zoning violation within the specified time period shall constitute a separate offense punishable by an additional civil fine and any other penalties as ordered by the court.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

An appeal to the board of zoning appeals (BZA) may be taken by any person aggrieved or by any officer, department, or board of the county affected by any decision of the zoning administrator or from any order, requirement, decision or determination made by any other administrative officer in the administration or enforcement of this chapter, any ordinance adopted pursuant to this chapter, or any modification of zoning requirements pursuant to Code of Virginia, § 15.2-2286. Such an appeal shall be taken within 30 calendar 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 transmit to the board of zoning appeals all the papers constituting the record of the appealed action.

(1)

Any written notice of a zoning violation or a written order of the zoning administrator shall include a statement informing the recipient that they may have a right to appeal the notice of a zoning violation or a written order within 30 calendar days in accordance with this section, and that the decision shall be final and unappealable if not appealed within 30 calendar days. The zoning violation or written order shall include the applicable appeal fee and a reference to where additional information may be obtained regarding the filing of an appeal. The appeal period shall not commence until the statement is given. A written notice of a zoning violation or a written order of the zoning administrator that includes such statement sent by registered or certified mail to, or posted at, the last known address of the property owner as shown on the current real estate tax assessment books or current real estate tax assessment records shall be deemed sufficient notice to the property owner and shall satisfy the notice requirements of this section.

(2)

The fee for filing an appeal shall not exceed the costs of advertising the appeal for public hearing and reasonable costs.

(3)

A decision by the board of zoning appeals on an appeal taken pursuant to this section shall be binding upon the owner of the property, which is the subject of such appeal, only if the owner of such property has been provided notice of the zoning violation or written order of the zoning administrator in accordance with this section. The owner's actual notice of zoning violation or written order or active participation in the appeal hearing shall waive the owner's right to challenge the validity of the board's decision due to failure of the owner to receive the notice of zoning violation or written order.

(4)

For jurisdictions that impose civil penalties for violations of the zoning chapter, any such civil penalty shall not be assessed by a court having jurisdiction during the pendency of the 30-day appeal period.

(5)

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.

(6)

In no event shall a written order, requirement, decision or determination made by the zoning administrator or other administrative officer be subject to change, modification, or reversal by any zoning administrator or other administrative officer after 60 days have elapsed from the date of the written order, requirement, decision, or determination unless it is proven that such written order, requirement, decision, or determination was obtained through malfeasance of the zoning administrator or other administrative officer or through fraud. The 60-day limitation period shall not apply in any case where, with the concurrence of the attorney for the board of supervisors, modification is required to correct clerical or other nondiscretionary errors.

(7)

In any case where the zoning administrator has certified conformity with the provisions of this chapter and a building permit has been issued and construction of the building for which such permit was issued is subsequently sought to be prevented, restrained, corrected or abated as a violation of this chapter, suit may be filed within 15 days after the start of construction by a person who had no actual notice of the issuance of such permit. The court may hear and determine issues raised in the litigation even though no appeal was taken from the decision of the zoning administrator to the board of zoning appeals.

(b)

Hearing.

(1)

Pursuant to Code of Virginia, § 15.2-2312, the Board of zoning appeals shall fix a reasonable time for the hearing of an application or appeal and decide such appeal within 90 days.

(2)

Public notice shall be provided as specified below and due notice given to the parties in interest:

a.

Notice of the hearing shall be published once a week for two successive weeks in some newspaper published or having general circulation in the county. Such notice shall specify the time and place of the hearing at which persons may appear and present their views, not less than five days nor more than 21 days after the second advertisement shall appear in such newspaper. The subject matter of the public hearing need not be advertised in full but may be advertised by reference. Each such advertisement shall contain a reference to the places within the county where copies of the appeal or variance request may be examined. The term "two successive weeks," as used in this subsection, shall mean that such notice shall be published at least twice in such newspaper, with not less than six days elapsing between the first and second publications.

b.

Applications for variance requests, the applicant shall give written notice to those persons who own property, any portion of which abuts the subject property, and all property which is directly across the street from any portion of the subject property, as determined by the county's real property tax records. This notice shall give the date, time, and place of the hearing, identify the property which is the subject of the application, and give a brief description of the proposed action. This notice shall be mailed a minimum of ten days prior to the date of the public hearing. The list of property owners and the content of the notice shall be approved by the zoning administrator prior to mailing.

c.

Applications for variance requests, the applicant shall also place a sign provided by the county on the subject property which indicates that this request is pending. This sign shall be located to be clearly visible from the street.

(c)

Decision. The board of zoning appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed. In any appeal, if the Board of Zoning Appeals attempt to reach a decision results in a tie vote, the matter may be carried over until the next scheduled meeting at the request of the person filing the appeal.

(1)

Appeals to courts.

a.

Any person or persons jointly or severally aggrieved by any decision of the board, or any taxpayer or any officer, department, board, or bureau of the municipality, may present to the circuit court of the county a petition specifying the grounds on which aggrieved within 30 calendar days after the filing of the decision in the office of the board.

b.

Upon the presentation of such petition, the court shall allow a writ of certiorari to review the decision of the board of zoning appeals and shall prescribe therein the time within which a return thereto must be made to serve upon the secretary of the board of zoning appeals, which shall not be less than ten business days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from; but the court may, on application, on notice to the board and on due cause shown, grant a restraining order.

c.

The board shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

d.

If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a commissioner to take such evidence as it may direct and report such evidence to the court, with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

e.

Costs shall not be allowed against the board of zoning appeals unless it shall appear to the court that the board of zoning appeals acted in bad faith or with malice in making the decision appealed.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

State Law reference— Code of Virginia, § 15.2-2311—15-2314.