13-1-1. No permitted principal or accessory building or structure or use of buildings, structures and uses permissible by special exception or special use shall be constructed, reconstructed, moved, added to or otherwise allowed without a permit issued by the zoning administrator. No building and zoning permit shall be issued except in conformity with the provisions of this ordinance, unless the building inspector receives a written order from the board of zoning appeals and the zoning administrator in the form of an administrative order, special exception or variance as provided by this ordinance.

13-1-2. A zoning permit is not required for reconstruction of conforming buildings or structures which do not involve a change in structure size, and use.

13-1-3. The commission may request a review of a zoning permit in order to determine if the contemplated uses is in accordance with the district in which the construction lies.

13-1-4. An application for a zoning permit shall be made to the zoning administrator on forms to be provided by the zoning administrator who shall require and be furnished with all such plans and documents as may be required to determine whether the proposed structure and facilities will be in compliance with the provisions of this ordinance. Each such application for [a] zoning permit shall be accompanied by the following items or as much thereof as the zoning administrator deems pertinent and such additional information as the zoning administrator may require as being pertinent:

a.

A statement from the water and sewer superintendent applicable regulations and requirements have been complied with.

b.

A grading permit, as required by the Erosion and Sedimentation Ordinance.

c.

The intended use.

d.

If a dwelling, the number of families or housekeeping units.

e.

Two copies of a plot plan signed by the applicant drawn to scale showing dimensions and location of the structure with respect to property lines and public highways; and streets provided, no part of which is to be located less than the setback distance from any property line right-of-way of any public highway or street. Any other information which the administrator may deem necessary for consideration of the application may be required.

f.

Number, size, location and lighting of signs, if any.

g.

Off-street parking and other facilities.

13-1-5. Structures in violation: No zoning permit shall be issued where it appears that the structure to be constructed or the use contemplated would be in violation of the provisions of this ordinance or any other applicable law, ordinance or regulations. The issuance of such zoning permit, however, shall not afford protection to any owner who is found to be violating this [zoning ordinance] or any other applicable law, ordinance, or regulation.

13-1-6. Issuance of zoning permit: If it appears that the proposed structure and use of land or structure is in conformity with the provisions of this ordinance, a zoning permit shall be issued to the applicant by the zoning administrator.

a.

Certificate. Whenever a zoning permit is issued, the zoning administrator shall also furnish the applicant with a certificate indicating that the said zoning permit has been issued and is valid for the period stipulated therein. The applicant shall thereupon deliver said certificates to the building inspector.

13-1-7. Lots previously platted: Residential lots platted before enactment of this ordinance must obtain a zoning permit before construction of structures may begin.

13-1-8. Conformance to plans: Zoning permits issued on the basis of the application authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangements or construction. Use, arrangement, and construction at variance with the authorized use shall be deemed a violation of this ordinance, and punishable as provided under article 17 thereof.

13-1-9. Fire code and safety regulations: Buildings to which state fire safety regulations apply as set by the state corporation commission shall conform to such regulations.

13-1-10. Conditional zoning (see subsection 17-3-18.1).

1.

In situations where more flexible and adaptable zoning methods are needed, conditional zoning may be allowed subject to certain conditions that are not generally applicable to land similarly zoned.

This article permits conditional zoning on a case by case basis.

Each conditional zoning is considered an individual amendment to this article, and shall be identified within the zoning map as a conditional zoning with the date of formal council approval. If zoning districts and uses exist within the zoning ordinance and map to accommodate the activity or use requested, a detailed explanation shall be provided to both planning commission and council as to why a conditional zoning is necessary.

Conditional zoning shall follow the same requirements as a conventional rezoning with the following additional requirements:

Proposed amendments to this article may include the [voluntary] proffering in writing, signed by the property owner (and the petitioner if different from the property owner of record), of reasonable conditions in addition to the regulations provided for in the desired zoning district. Any such proffered conditions must be in writing in such format as directed by the town attorney[, and must be presented,] prior to the public hearing held by the governing body. Council may direct that any permanent proffers affecting the real estate or real property be recorded in the instrument of legal title. In addition to any voluntary proffers the document must adhere to the following:

a.

The rezoning itself must give rise for the need for the conditions;

b.

The conditions shall have a reasonable relation to the rezoning;

c.

The conditions shall not include a cash contribution to the locality;

d.

The conditions shall not include mandatory dedication of real or personal property for open space, parks, schools, fire departments or other public facilities not otherwise provided for in Code of Virginia, § 15.2-2241;

e.

The conditions shall not include a requirement that the applicant create a property owners' association under Code of Virginia, § 55-508 et seq. which includes an express further condition that members of a property owners' association pay an assessment for the maintenance of public facilities owned in fee by a public entity, including open space, parks, schools, fire departments and other public facilities not otherwise provided for in Code of Virginia, § 15.2-2241; however, such facilities shall not include sidewalks, special street signs or markers, or special street lighting in public rights-of-way not maintained by the state department of transportation;

f.

The conditions shall not include payment for or construction of off-site improvements except those provided for in Code of Virginia, § 15.2-2241;

g.

No condition shall be proffered that is not related to the physical development or physical operation of the property;

h.

All such conditions shall be in conformity with the comprehensive plan as defined in Code of Virginia, § 15.2-2223;

i.

A detailed preliminary site plan as provided for under article 12 of this ordinance shall accompany the application; [and]

j.

The town council reserves unto itself the right to specify special conditions related to signs, parking, transition yards, hours of operation.

2.

The zoning administrator is vested with all necessary authority on behalf of the governing body of the locality to administer and enforce conditions attached to a rezoning or amendment to a zoning map, including:

a.

The ordering in writing of the remedy of any noncompliance with the conditions;

b.

The bringing of legal action to ensure compliance with the conditions, including injunction, abatement, or other appropriate action or proceeding; and

c.

Requiring a guarantee, satisfactory to the governing body, in an amount sufficient for and conditioned upon the construction of any physical improvements required by the conditions, or a contract for the construction of the improvements and the contractor's guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by the governing body, or agent thereof, upon the submission of satisfactory evidence that construction of the improvements has been completed in whole or in part. Failure to meet all conditions shall constitute cause to deny the issuance of any of the required use, occupancy, or building permits, as may be appropriate.

3.

The zoning map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning on the map. The zoning administrator shall keep in his office and make available for public inspection a conditional zoning index. The index shall provide ready access to the ordinance creating conditions in addition to the regulations provided for in a particular zoning district or zone.

4.

Any zoning applicant or any other person who is aggrieved by a decision of the zoning administrator made pursuant to the provisions of subsection 13-1-10(2) of this section may petition the governing body for review of the decision of the zoning administrator. All petitions for review shall be filed with the zoning administrator and with the clerk of the governing body within 30 days from the date of the decision for which review is sought and shall specify the grounds upon which the petitioner is aggrieved.

5.

There shall be no amendment or variation of conditions created pursuant to the provisions of subsection 13-1-10(1) of this section until after a public hearing before the governing body advertised pursuant to the provisions of Code of Virginia, § 15.2-2204.

6.

Any action or actions of the governing body that legally relieve the owner of any zoning requirements related to land (real estate) or building (real property)[, or] related to size, shape, height, setback, side yard, building line, area regulation, or density may be acknowledged in the instrument of title and deed. Issues related to the use or occupancy may not be included in the title instrument as they may not run concurrently with the real property. The expense of recording such instrument shall be the responsibility of the owner.

13-1-11. Rezoning procedures: Rezoning requests will be submitted to the zoning administrator and referred to the planning commission for its review and recommendation. The final determination on the rezoning request will be made by the governing body after the following procedure is completed:

1.

The written request for rezoning shall be submitted to the planning commission by the zoning administrator;

2.

Notice shall be given of the required public hearing in accordance with the requirements of the Code of Virginia, § 15.2-2204. Adjacent property owners (front, back and side) and the applicant shall be notified in writing as to the rezoning or conditional zoning request and public hearing date;

3.

A public hearing shall be held by the planning commission. If requested, the zoning administrator may make a report and recommendation to the planning commission on the subject request. Other parties may appear in person and present their views;

4.

The commission shall make a recommendation to go on the rezoning request after the public hearing is held;

5.

The governing body shall then hold its own public hearing in conformity with all notice requirements under Code of Virginia, § 15.2-2204, and make the final determination on the rezoning request.

State Law reference— Similar provisions, Code of Virginia, § 15.2-2297 et seq.

13-2-1. General. It shall be unlawful to use or occupy or permit the use of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued by the administrative official stating the proposed use of the building or land conforms to the requirements of this ordinance.

13-2-2. Nonconforming structures and uses. No nonconforming structure or use shall be renewed, changed or extended until a certificate of zoning compliance shall have been issued by the administrative official. The certificate of zoning compliance shall state specifically wherein the nonconforming use differs from the provisions of this ordinance. This subsection shall be administered in conformity with, and governed by the provisions of Code of Virginia, § 15.2-2307.

13-2-3. Temporary certificates. A temporary certificate of zoning compliance may be issued by the administrative official for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public.

13-2-4. Administrator. The administrative official shall maintain a record of all certificates of zoning compliance, and a copy shall be furnished upon request to any person.

13-2-5. Violation. Failure to obtain a certificate of zoning compliance shall be a violation of this ordinance and punishable under article 17 of this ordinance.

13-4-1. A use not provided for is a use that is not included within the text of the permitted district uses. Because of their nature and anticipated impact, these uses require a review by the commission and governing body before approval is granted. Uses not provided for are treated as a zoning amendment and the town council hereby reserves unto itself the right to approve or disapprove uses not provided for.

13-5-1. A special exception is a conditional use that is permitted within a use district after review and recommendation by the commission and approval by the governing body. The town council hereby reserves unto itself the right to issue such special exception permits [Code of Virginia, § 15.2-2286(A)(3), as amended].

Wherever a use or structure is listed either as a permissible use and [or] is listed as a special exception, application shall be made to the zoning administrator who shall refer said application to the planning commission. Procedures and standards for determinations affecting permissible uses or structures and special exceptions shall be as provided in the district regulations and as follows:

13-5-2. Procedures: Special exception requests will be reviewed by the commission upon referral by the zoning administrator. The final determination of the request will be made by the governing body after the following procedure is completed:

a.

A written application for a special exception or use not provided for shall be submitted indicating the section of this ordinance under which the special exception or use not provided for is sought and stating the grounds on which it is requested;

b.

Notice of a public hearing or joint hearing shall be [in] accordance with Code of Virginia, § 15.2-2204;

c.

A public hearing or joint hearing shall be held. Any party may appear in person, or by agent or attorney;

d.

The commission shall within 30 days of receiving the application make a recommendation on the subject use after a public hearing is held;

e.

Before any special exception shall be allowed and an use permit issued, the governing body shall hold a public hearing or joint hearing advertised in accordance with Code of Virginia, § 15.2-2204, and make written findings certifying compliance with the specific rules governing individual special exceptions and that satisfactory provision and arrangement has been made concerning the following as applicable;

f.

Adequate ingress and egress to property and proposed structure with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;

g.

Off-street parking and loading areas as required with particular attention to the items in [subsection 13-5-2]f. above and economic, noise, glare, or odor effects of the special exception of special use on adjoining properties and properties generally in the district;

h.

Refuse and service areas, with particular reference in [subsections] f. and g. [of this section];

i.

Utilities, with reference to locations, availability, compatibility;

j.

Screening and buffering with reference to type, dimensions, and character;

k.

Signs, if any, and proposed exterior lighting with reference to any glare, traffic, safety, economic effect, and compatibility and harmony with other properties in the district;

l.

Required yards and other open space;

m.

General compatibility with adjacent properties and other property in the district; [and]

n.

The governing body will also make a determination that the use will not:

(1)

Affect adversely the health or safety of persons living or working in the neighborhood of the proposed use;

(2)

Be detrimental to the public welfare or injurious to property or improvements in the neighborhood; [and]

(3)

Be in conflict with the purpose of the comprehensive plan of the Town of Lawrenceville.

13-5-3. Issuance of special exception permits may be made subject to conditions as the governing body deems necessary to carry out the intent of this ordinance.

Whenever there shall be plans in existence approved by either the state department of highways and transportation or by the governing body for the widening of any street or highway, the commission may require additional front yard setbacks for any new construction, addition or relocation of structures 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 or planned improvement.

13-7-1. In case of catastrophe deemed sufficient in the judgment of the zoning administrator involving instances wherein the replacement, reconstruction or major repair of improvements, which have been substantially damaged or destroyed and rendered unusable, is required, the zoning administrator may under conditions hereinafter set forth, issue a special temporary use permit for the temporary use of a structure or mobile unit, as a substitute for any structure or use permitted by this zoning ordinance, upon being satisfied that the intended use is only temporary and will alleviate a hardship during periods required for reconstruction, replacement or repair. Such permit shall be issued for a period not exceeding 90 calendar days and which may, upon application to the zoning administrator, be renewed or extended for an additional period of 90 calendar days by the zoning administrator for good cause shown, but not thereafter. No such permit shall be renewed by the zoning administrator unless reasonable progress has been made toward the replacement, reconstruction and repair of such improvements.

13-7-2. Any such temporary structure or unit approved by the town shall be required to meet the setback requirements contained in the zoning ordinance for accessory buildings as defined in this zoning ordinance, and as applicable to the district in which such temporary structure is to be located.

13-7-3. No such permit shall be issued for more than one such structure on any one lot, the same to be used only for single occupancy.

13-7-4. Upon granting such permit, evidence thereof in the form of a card or a suitable placard, at least eight inches square shall be issued to the applicant containing information indicating the date of the issuance of the permit, its purpose, and its expiration date, which shall be prominently displayed upon the premises during the period for which the permit is valid. Such placard may also be used to indicate the date of renewal and the expiration of such renewal.

13-7-5. No extension or renewal beyond the periods above mention permitted except by application to the town council, which may grant the same by an affirmative vote of a majority of the members of council, which such extension of council shall in no case exceed 180 calendar days.

13-7-6. Nothing herein contained shall be construed to modify any provisions of this zoning ordinance related to nonconforming uses, nor shall any temporary structure or unit be used to continue any nonconforming use or activity, the restoration or replacement of which would be prohibited.

13-7-7. Nothing herein contained shall be deemed to prohibit the tool sheds and usual temporary structures normally and necessarily associated with the construction, reconstruction, replacement or repair of improvements. These structures shall comply with the district provisions for accessory building.

13-7-8. The zoning administrator may permit sewer and water utilities to the temporary structure. Application for the cost of temporary utilities shall be under the standard procedures and at the standard rate for sewer and water connections and service. Such utilities shall be permanently abandoned once the temporary use permit expires, and sewer connections shall be sealed off permanently in accordance with the instructions of the town engineer and the water connection shall be cut at the main.

13-7-9. Upon the expiration of the period for which any such special temporary use permit is issued, or lawful extension thereof, or within 15 days after occupancy of the main structure. The unit shall forthwith be removed from the property upon which it is located, by the applicant (or other person then in possession of the property if not the applicant), and failure to do so shall constitute a misdemeanor under this zoning ordinance and shall be punishable as herein provided.

Fees are allowed by Code of Virginia, § 15.2-2286 (administrative review and processing of zoning permits, certificates of zoning compliance (occupancy), site plans, rezoning requests, special exceptions, amendments, public hearing advertising, variances and nonconforming uses. Fees shall be published under a separate fee schedule and reviewed at least annually by the zoning administrator prior to approval by the town council. A copy of the current fee schedule shall be available for inspection at the office of the town manager.

SUMMARY OF PERMITS AND FEES

13-9-1. The zoning administrator shall have all necessary authority on behalf of the governing body to administer and enforce the zoning ordinance. His authority shall include (i) ordering in writing the remedying of any condition found in violation of the ordinance; (ii) ensuring compliance with the ordinance, bringing legal action, including injunction, abatement, or other appropriate action or proceeding subject to appeal pursuant to Code of Virginia, § 15.2-2311; and (iii) in specific cases, making findings of fact and, with concurrence of the attorney for the governing body, conclusions of law regarding determinations of rights accruing under Code of Virginia, § 15.2-2307. The zoning administrator shall be guided in all of his actions pursuant to this ordinance by the purposes, intent and spirit of this ordinance and the standards set forth in article 1 of this ordinance. The zoning administrator may be assisted in the enforcement of this ordinance by the assistant chief of police, town attorney, commonwealth attorney and all other officials of the Town of Lawrenceville, and Brunswick County, Virginia, pursuant to the respective fields.

Cross reference— Administration, ch. 2.

State Law reference— Similar provisions, Code of Virginia, § 15.2-2286.

13-10-1. Unless district boundary lines are fixed by dimensions or otherwise clearly shown or described, and where uncertainty exists with respect to the boundaries of any of the aforesaid districts are shown [as shown] on the zoning map, the following rules should apply:

13-10-2. Where district boundaries are indicated as approximately following or being at right angles to the centerline of streets, highways, alleys, railroad main tracks, such centerlines or line at right angles to such centerlines shall be construed to be such boundaries as the case may be.

13-10-3. Where a district boundary is indicated to follow a river, creek, or branch or other body of water, said boundary shall be construed to follow the centerline at low water or at the limit of the jurisdiction, and in the event of change in the shoreline, such boundary shall be construed as moving with the actual shoreline.

13-10-4. If no distance, angle, curvature description or other means is given to determine a boundary line accurately and the foregoing provisions do not apply, the same shall be determined by the use of the scale shown on said zoning map. In case of subsequent dispute, the matter shall be referred to the board of zoning appeals which shall determine the boundary.

Nothing contained herein shall require any change in the construction of any building or structure for which a permit was granted prior to the effective date of this ordinance. However, such construction must commence within 30 days after this ordinance becomes effective. If construction is discontinued for period of six months or more, further construction shall be in conformity with the provisions of this ordinance for the district which the operation is located.