The Council of the Town shall, under this chapter, have the following powers and duties to:

1. Initiate, consider and make final decisions upon proposed amendments to the zoning ordinance regulations.
2. Initiate, consider, and make final decisions upon proposed amendments to the official zoning map, including amendments to proffered conditions.
3. Consider and make decisions regarding conditional uses as specified by this chapter.
4. Establish fees, charges and other expenses imposed by this chapter.
5. Appoint members of the planning commission and any other board or commission as now or may be required by the zoning ordinance.
6. Take all other steps necessary, including appropriate administration and legal actions in order to ensure the enforcement of these zoning regulations.
7. Hear and determine all appeals from the decision of the zoning administrator relating to proffered conditions.

(Ord. of 9-21-2006, § 10-1)

The planning commission shall, under this chapter, have the following powers and duties to review:

1. Zoning permit applications made by property owners and referred by the zoning administrator where a use is not specifically permitted under this chapter. In such cases, the planning commission shall make its recommendations to the town council within 60 days as to whether to:
   1. Amend the ordinance to allow the unrestricted use in the district;
   2. Amend the ordinance to allow the use with a conditional use permit;
   3. Amend the ordinance by rezoning the district and hereby allow the use; or
   4. Deny the use in the district.
   The planning commission may hold a separate public hearing or a joint public hearing, as provided by law, with the town council. If, after 60 days, no public hearing has been set or no recommendation has been made by the planning commission, the Town Council may deem the application recommended for approval by the planning commission.
2. Proposed changes and amendments to the zoning ordinance and to make recommendations to the Town Council regarding the same;
3. Proposed changes and amendments to the zoning map, including proffered conditions and amendments to proffered conditions, and to make recommendations to the town council regarding the same;
4. Applications for conditional use permits, and to make recommendations regarding the same, as specified by this chapter; and
5. The comprehensive plan, and to prepare and recommend the plan and make recommendations on amendments to the adopted plan in accordance with the provisions of Code of Virginia, title 15.2, ch. 22, art. 3 (Code of Virginia, § 15.2-2223 et seq.);
6. Fees, charges and other expenses imposed by this chapter, and to make recommendations to the town council regarding the same.

(Ord. of 9-21-2006, § 10-2; Ord. No. 2014-10-0001, 10-9-2014; Ord. No. 2019-10-0001, 10-24-2019)

The zoning administrator shall report to the town manager and be appointed by resolution of the Town Council. In addition to those responsibilities specifically prescribed elsewhere in this chapter, the zoning administrator shall have the following powers and duties:

1. Make referrals. 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 administrator for such use, the administrator shall refer the application to the planning commission. The planning commission shall in turn make its recommendation to the town council within 60 days.
2. Issue zoning permits. The zoning administrator shall, upon demonstration by the applicant that a proposed use or structure complies with all applicable ordinance requirements, issue zoning permits.
3. Issue sign permits. The zoning administrator shall issue a sign permit for all signs requiring such a permit as provided in this chapter,
4. Interpret and maintain ordinance. The zoning administrator shall provide written interpretations of this chapter, including making conclusions of law and findings of facts with the concurrence of the town attorney, in connection with the administration, application and enforcement of the ordinance in specific cases, including the determination of rights under Code of Virginia, § 15.2-2307. The administrator shall maintain a true and accurate copy of the ordinance, including all amendments and interpretations.
5. Interpret and maintain official zoning map. The zoning administrator shall interpret the official zoning map as it relates to specific properties within the town. The zoning administrator shall also maintain the official zoning map by indicating all rezoning and indicating proffered conditions associated with any such manning.
6. Enforce chapter. The zoning administrator shall conduct inspections of structures and properties to determine compliance with this chapter, and, in the case of violation, shall notify in writing persons responsible specifying the nature of the violation and ordering appropriate corrective action, and shall bring such actions at law or in equity as he shall determine appropriate to ensure compliance with this chapter.
7. Enforce conditions. The zoning administrator shall administer and enforce conditions attached to any rezoning or to any permit issued under this chapter.
8. Submit monthly report. The zoning administrator shall prepare and submit a monthly report to the Council regarding the administration of this chapter, setting forth such information as may be of interest and value in advancing the purpose of this chapter.
9. Confirm required advance notification. The zoning administrator shall confirm that the applicant provides advance notification to adjacent and adjoining property owners of an application for home occupation permits, rezoning, zoning permit, conditional use permit and/or conversion of use permit that has been received by the town.

(Ord. of 9-21-2006, § 10-3)

1. A zoning permit shall be required before any use may be established on any property subject to the requirements of this chapter, or before any building or structure may be constructed, reconstructed, enlarged, erected, moved or structurally altered. Improvements subject to the requirements of a zoning permit shall be classified as major or minor improvements in accordance with the provisions of subsection (d) of this section.
2. The zoning permit application shall certify that the proposed project, as demonstrated by the drawings, sketches, plans and/or specifications filed with the zoning administrator, is in compliance with the provisions of this chapter and chapter 30, subdivisions, and such application shall contain the signatures of the property owner of record and the applicant, if other than the property owner.
3. Any applicant for zoning permits shall, at the time of application, provide satisfactory evidence that all real estate taxes which have assessed against the property which is the subject of the application and all other town charges due and owing from the property owner and applicant have been paid in full.
4. For the purposes of zoning permits: 
   1. The term "minor improvements" includes fences, decks, satellite dish antennas larger than 24 inches, aboveground swimming pools and spas, storage sheds having a footprint area of 150 square feet or less, additions to buildings or structures whereby the footprint area of the addition does not exceed 150 square feet, and all other such minor improvements or accessory uses.
   2. The term "major improvements" includes the establishment of any principal use, construction of any building or structure not subject to subsection (d)(1) above, parking lots, loading areas and all other vehicular parking, storage or maneuvering areas, detached garages, storage sheds having a footprint area exceeding 150 square feet, additions to buildings or structures whereby the footprint area of the addition exceeds 150 square feet, inground swimming pools and spas, and all other such major improvements.
5. Any applicant for zoning permit for minor improvements shall submit with the zoning permit application a modified location plan drawn to scale, showing the actual shape and dimensions of the lot, the exact location and size and shape of existing structures and the proposed location, shape and size of the minor improvement. The applicant shall provide any additional information required by the zoning administrator with regard to the lot, existing structures and the proposed minor improvements as may be necessary for the enforcement of this chapter.
6. Any application for zoning permit for major improvements shall submit with the zoning permit application an acceptable location plan drawn at a scale of not more than one inch to 50 feet. Such location plan shall include the following information:
   1. The name of the property owner, the name of the surveyor or engineer who prepared the plan, zoning and present use of adjacent parcels; departing property lines, minimum setback lines, north arrow; the source of the boundary; the source of the topography, date of the drawing and dates of any revisions.
   2. The location and health of trees with a 4-inch caliper or larger and identification of indigenous and invasive plants.
   3. A landscape plan showing retained and proposed trees and shrubs by species, planting areas, open or grass areas, canopy cover (based on 10-year growth) and a tree protection plan for all preserved trees, pursuant to Article 30-V, Design And Construction Standards, Sec 30-127 Tree Preservation And Landscaping.
   4. An exterior lighting plan showing location, height, type of light fixture, and color temperature.
   5. The location and description of any existing well and drainfield, and proposed sewer and water lines and connections to the Town systems.
   6. Location of proposed exterior generators, pumps, HVAC equipment, if known. 
   7. Existing topography for the site and proposed grading supplemented by spot elevations as necessary to demonstrate adequate drainage. Any modification of existing drainage patterns shall be noted on the plan.
   8. Location and dimensions of all existing and proposed improvements.
   9. Provision and schedule for the adequate control of stormwater, including the location, size, type and grade of all ditches, swales and other improvements.
   10. Provision for adequate erosion and sedimentation control, including stabilization of the site at the completion of construction.
   11. Any other information regarding the subject property or adjoining properties as may be necessary for the enforcement of this chapter as determined by the zoning administrator.
   12. Locations, dimensions, descriptions and instrument numbers for all easements located on the subject property.
7. One copy of the plans shall be returned to the applicant together with the approved or disapproved zoning permit.
8. Where a site plan has been submitted and approved in accordance with the provisions of article IV of chapter 30 of the town Code, one copy of the approved site plan shall be submitted in lieu of the plans required by subsection (f) of this section.
9. Before a zoning permit is issued, the plans and intended use shall demonstrate conformity in all respects to the provisions of this chapter. Zoning permits shall be issued within 15 days of receipt of a complete application, provided the proposed construction or use conforms to this chapter.
10. A zoning permit shall expire automatically within 1 year of the date of issuance if the use authorized or substantial work required has not commenced. If, after work is begun, such work is suspended for a period of one year, the zoning permit shall automatically expire. Exterior construction of structures shall be completed within one year of the date of issuance of the permit. Upon application by the permit holder, the zoning administrator may extend the permit without charge for additional periods not to exceed 6 months, if:
    1. The permit has not yet expired.
    2. The permit recipient has proceeded with due diligence and in good faith.
    3. Conditions have not substantially changed compared to what has been represented in the zoning permit application and accompanying documentation, provided there has been no change in circumstances such as an amendment to the applicable zoning regulations, fraud, or a mistake that would justify, in the opinion of the zoning administrator, denial of the extension as requested.
11. Water and sewer connections, if available, may be approved at the time zoning permits are issued upon receipt of completed applications and payment or all fees therefor.
12. The zoning administrator shall make a good faith effort to ensure that all town Code requirements applicable to the applicant's property and/or project have been met prior to issuance of the zoning permit.

(Ord. of 9-21-2006, § 10-4; Ord. No. 2017-06-0002, 6-29-2017. Ord. No. 2025-12-0005, 12-11-2025)

1. A certificate of zoning compliance is intended to verify the present zoning classification of a subject property or use thereon in order to certify the conformity of uses, buildings, structures, and parcels with the requirements of the zoning ordinance. The certificate of zoning compliance shall be issued by the zoning administrator in order to determine the following, to the extent applicable to the request:
   1. The location of the property within a particular zoning district;
   2. The uses allowed by right or through the issuance of a conditional use permit and whether a particular use is permitted by right or through the issuance of a conditional use permit within a particular zoning district;
   3. The setbacks, height, lot coverage, and other requirements applicable to buildings and structures located on a piece of property and whether or not a building or structure conforms to the same within the zoning district so located; and
   4. The lot area, width, depth, and density requirements applicable to a piece of property and whether or not a parcel or building lot conforms to the same within the zoning district so located.
   5. Whether the parking and loading areas on one or more properties comply with the minimum off-street parking and loading requirements of article VIII of this chapter for the uses and buildings associated therewith.
2. Confirmation of existing use. Upon application from the owner, and to the extent applicable to the request, the zoning administrator shall issue or reissue a zoning certificate for any building, structure, parcel or use of the premises existing at the effective date of this chapter, certifying after inspection the type and extent of the use made of the structure or premises and whether such use conforms to the provisions of this chapter. At the time of conveyance or transfer in title of the property, a zoning certificate may be issued or reissued by the zoning administrator to a new owner provided the use of the property remains substantially the same. If the use has changed or is determined to be substantially different in the opinion of the zoning administrator, a new application shall be filed and a determination made at that time as to whether such use conforms to this chapter, otherwise no such determination as to the conformity of a structure or use to the provisions of this chapter previously made on any such certificate shall be considered binding on the town or zoning administrator.
3. Change in use. A zoning certificate shall be obtained from the zoning administrator prior to the reoccupation or reuse of any parcel, building or structure or reestablishment of a previously established use by any such owner or tenant when such reoccupation or reuse is of the same use listed in the applicable zoning district regulations as the previously established use but creates the need for or proposes additional improvements or modifications to the building or site as required by this chapter compared to the previously established use. The zoning certificate shall state the nature and extent of the proposed use of the lot, building or structure and the zoning administrator shall certify whether the same conforms to the provisions of this chapter, provided that any such reoccupation or reuse which generates the requirement for additional off-street parking or loading spaces under article VIII of this chapter and such additional spaces are not present on the property or site, or are not otherwise provided in accordance with other applicable provisions of this chapter pertaining to off-street, on-street and/or shared parking, shall require approval of a zoning permit in accordance with section 42-30 prior to construction of an any such improvements.
4. Any applicant for a zoning certificate shall, at the time of application, provide satisfactory evidence that all real estate taxes which have been assessed against the property which is the subject of the application and all other town charges due and owing from the property owner and applicant have been paid.
5. Zoning certificates shall be issued within 15 days of receipt of a complete application, provided the building, structure, lot and/or use conforms to the applicable provisions of this chapter.

(Ord. of 9-21-2006, § 10-5; Ord. No. 2017-06-0002, 6-29-2017)

1. No person shall occupy any newly constructed, reconstructed, moved, structurally altered or enlarged building, including any building for which a certificate of occupancy is required by the Loudoun County Department of Building and Development, without first making proper application for and receiving an occupancy permit issued by the zoning administrator. If, due to circumstances beyond the applicant's control, the applicant is unable to meet all of the standards and requirements of this chapter, the zoning administrator may approve a temporary occupancy permit authorizing use of the structure for such period of time as in his reasonable discretion is appropriate, provided that the applicant offers reasonable assurances, including a cash or surety bond when appropriate, that the standards and requirements will be met before the expiration of the temporary occupancy permit.
2. The applicant shall request zoning approval of an occupancy permit upon satisfactory completion of all work, including the installation of all applicable improvements as required by this chapter and chapter 30. Applicants shall, at the time of request, provide satisfactory evidence that all real estate taxes which have been assessed against the property which is the subject of the application and all other town charges due and owing from the property owner and applicant have been paid.
3. The applicant shall submit to the zoning administrator one copy of an as-built building location plan or survey showing the locations of all physical improvements on the property, prepared by a certified surveyor or registered engineer, and such plat shall show the following information:
   1. The dimensions of the lot or parcel, the boundary lines thereof, and the area of land contained therein;
   2. The location, dimensions and height of any building, structure or addition;
   3. The perpendicular distance from all property lines to the nearest point of each building, structure or addition, shown to the nearest one-tenth of a foot;
   4. The existing and intended use of each building or structure or part thereof, including the number of dwelling units within a multi-family dwelling;
   5. The location and configuration of any off-street parking spaces;
   6. The existence of any area designated as 100-year floodplain as per the applicable FEMA flood insurance rate map;
   7. The locations, dimensions, descriptions and instrument numbers for all easements located on the subject property; and
   8. The signature and certification of the preparer of the plan.
4. The occupancy permit shall certify that the completed improvement or relocation has been inspected by the zoning administrator and has been found to be in compliance with the provisions of this chapter.

(Ord. of 9-21-2006, § 10-6; Ord. No. 2017-06-0002, 6-29-2017)

1. An applicant for a conditional use permit shall have the burden of establishing that the proposed use is consistent with the public health, convenience, safety and public welfare of the surrounding community. The conditional use permit shall be subject to such conditions as the Town Council deems necessary to carry out the intent of this chapter.
2. Written application for a conditional use permit may be made by any property owner, tenant, or department, board or bureau of any government.
3. Applicants for conditional use permits, at the time of application, provide satisfactory evidence that all real estate taxes which have [been] assessed against the property which is the subject of the application and all other town charges due and owing from the property owner and applicant have been paid.
4. The application shall be filed with the zoning administrator on forms provided by the town.
5. The applicant shall submit 3 paper copies of a concept plan, drawn to a scale not greater than one inch to 50 feet, containing the information set forth in this subsection, and an electronic (pdf) copy. The zoning administrator may waive the submission of one or more of the requirements if he determines that proper evaluation of the application does not require such information.
   1. Boundaries of the entire property and total area of the property in square feet and acres.
   2. Boundaries of the specific area that is the subject of the application.
   3. Location of all existing and proposed structures including, but not limited to, lighting, signs and buildings.
   4. Locations of all known belowground structures including, but not limited to, wells, sewage disposal systems, utilities and fuel tanks if excavation or grading of the property is proposed by the applicant.
   5. Location and distance of all off-site structures within 100 feet of the property.
   6. Specifics of the proposed use, related activities, accessory uses or structures, scale, intensity, hours of operation, number of employees, etc.
   7. All required minimum yards and the distances of all existing and proposed structures to the lot lines.
   8. Proposed means of ingress and egress to the property from a public street.
   9. Parking spaces, existing and/or proposed, indicating minimum distance from the nearest property line.
   10. Existing zoning designation and use of subject and adjacent properties.
6. A conditional use permit is specific to the proposed use and to the property or portion of property defined in the application and cannot be altered, extended or relocated except through the conditional use permit process.
7. The applicant shall submit a written statement describing the proposed use and the hours of operation.
8. The Town Council may require satisfactory evidence and guarantee or bond that the conditions stipulated will be and will continue to be complied with.
9. The Town Council may impose conditions and safeguards as deemed necessary for the protection of the general welfare and individual property rights, and to ensure compliance with the intent and objectives of this chapter.
10. The procedures for approval of a conditional use permit shall generally be the same as those prescribed for zoning map amendments, including the requirement for a public hearing and recommendation by the planning commission before final action is taken by the Town Council. A public hearing shall be held, whether jointly or separately, prior to either the planning commission or Town Council acting on any application for a conditional use permit in accordance with provision set forth herein.
11. All applications for conditional use permit shall be evaluated using the following criteria:
    1. Whether the proposed use or modification is consistent with the comprehensive plan;
    2. Whether the proposed use or modification is consistent with the purpose and intent of the zoning district;
    3. Whether the proposed use or modification will encourage the planned development and enjoyment of surrounding properties and the values of surrounding properties;
    4. Whether the proposed use or modification will contribute to the peace and enjoyment of people in their homes.
       
    5. Whether traffic from the proposed use or modification is adequately served by transportation services;
    6. Whether the proposed use or modification will be served adequately by public facilities, utilities, and services;
    7. Whether the proposed use or modification will impact the enjoyment or function of public facilities including churches, schools, parks, or other places of public gathering; and
    8. Whether the proposed use or modification will contribute to the preservation of cultural and historical landmarks and trees.
       
12. Upon receipt of a properly filed conditional use permit application, the zoning administrator shall set a time and place for a public hearing by the planning commission on said conditional use permit and direct that public notice be given as required by Code of Virginia, § 15.2-2204. Costs of any notice required shall be billed to the applicant.
13. Following the public hearing, the planning commission shall forward the proposed conditional use permit to the Town Council together with its recommendation and a statement fully setting forth its reasons for such recommendations. Failure of the planning commission to make a recommendation within 90 days after the public hearing or such shorter period as may be set by the council shall be deemed approval by the commission of such conditional use.
14. The Town Council may hold a separate public hearing on said application or may hold a joint public hearing with the planning commission with required notice given in accordance with by Code of Virginia, § 15.2-2204.
15. Costs of any required notice shall be billed to the applicant.
    

(Ord. of 9-21-2006, § 10-7; Ord. No. 2020-02-0002, 2-6-2020; Ord. 2024-09-0006, 9-17-2024)

1. Whenever the public necessity, convenience, general welfare or good zoning practice requires, the Town Council may amend, supplement or change the regulations of the zoning ordinance, or the zoning boundaries or classification of property on the zoning map, in conformity with the provisions of Code of Virginia, § 15.2-2286(A)(7).
2. Amendments to the text of the ordinance and/or changes in the zoning boundaries or classification of properties shown on the zoning map may be initiated by resolution of the Town Council, motion of the planning commission, or by 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 town council.
3. Petitions for zoning map amendments shall be on a standard form provided by the town. Applicants shall submit a written statement of justification describing: (1) the appropriateness of the proposed uses based on the comprehensive plan; (2) the existing character and use of the subject property and suitability for various uses, compatibility of proposed uses with uses permitted and existing on other properties in the immediate vicinity, and degree to which the proposed uses are anticipated to affect the fiscal situation of the Town of Lovettsville and property values in the immediate vicinity of the subject property; and (3) adequacy of, and the needs and requirements for, new, additional or upgraded public utilities, streets, sidewalks, trails, parks, playgrounds, recreational areas and other public facilities or services attributable to the proposed use(s). Any such petition or application for a zoning map amendment involving a "new residential development" or "new residential use" pursuant to subsection (e) of this section shall include in the statement of justification a description of how any "onsite proffers" submitted in connection therewith address an impact that is specifically attributable to the proposed new residential development or other new residential use for which the application was submitted in accordance with the Code of Virginia, § 15.2-2303.4.
4. Prior to filing an application pursuant to this section an applicant shall meet with the zoning administrator and appropriate staff to discuss the applicant's intentions with regard to a given application and questions regarding the procedures or substantive requirements of this chapter. The zoning administrator may waive the pre-application conference requirement in cases where the zoning administrator finds that such waiver is not anticipated to affect the submission or review of the proposed application. A request for a pre-application conference, or to waive the pre-application conference, shall be made in writing to the zoning administrator and shall be accompanied by a concept plan of the site illustrating the location of proposed uses, a description of the proposed project or use, and a list of the issues to be discussed at the conference or justification for the waiver. No matters discussed at said meeting shall be binding on either the applicant or the town. The zoning administrator shall respond to each written request for a pre-application conference or waiver within ten business days. Applicants shall, at the time of request or upon filing an application for zoning map amendment, provide satisfactory evidence that all real estate taxes which have been assessed against the property which is the subject of the application and all other town charges due and owing from the property owner and applicant have been paid.
5. The conditional zoning provisions set forth in Code of Virginia, §§ 15.2-2297, 15.2-2303 and 15.2-2299—15.2-2303.4, as amended and as applicable, are incorporated as part of this chapter as if set forth fully herein. As part of an amendment to the zoning map by legislative action for any property subject to this chapter, the town may request, consider and accept reasonable conditions and amendments thereto governing the use of such property as set forth in §15.2-2303 when the same are proffered by the landowner as part of his application for a zoning map amendment, provided that the provisions of §15.2-2303 shall not apply to any such application involving a "new residential development" or "new residential use" as those terms are defined in §15.2-2303.4. Reasonable conditions or amendments thereto proffered as part of any application for an amendment to a zoning map involving a "new residential development" or "new residential use" shall be subject to the limitations set forth in §15.2-2297 of the Code of Virginia and shall only include submission by the applicant, and consideration and acceptance by the town, of "onsite proffers" not deemed unreasonable pursuant to §15.2-2303.4. Proffered conditions and amendments thereto shall be proffered in writing in advance of the public hearing before the Town Council and signed by all persons having an ownership interest in the property which is the subject of the zoning map amendment. Proffered conditions submitted in accordance with this section shall be submitted to the zoning administrator at least seven days prior to a public hearing before the planning commission or Town Council, and may include written statements, development plans, profiles, elevations, or other demonstrative materials. The planning commission and Town Council may also accept amended proffers after the public hearing has begun if the amended proffers impose a more restrictive standard and do not materially affect the overall proposal. Proffered conditions shall be notarized and contain a statement that the owners voluntarily enter into the conditions contained therein and that the conditions do not contain any unreasonable proffers as set forth in Code of Virginia §15.2-2303.4.
6. Upon approval of a zoning map amendment with proffers, any site plan, subdivision plat, construction drawings or other application for development thereafter submitted shall be in substantial conformance with all proffered conditions. After adoption, any amendment of the conditions may be made only in accordance with the requirements imposed in this chapter and in Code of Virginia, title 15.2, ch. 22 (Code of Virginia, § 15.2-2200 et seq.).
7. Upon receipt of a properly filed amendment request or petition, the zoning administrator shall set a time and place for a public hearing by the planning commission on said amendment and direct that the public notice be given as required by Code of Virginia, § 15.2-2204. Costs of any notice required shall be taxed to the applicant.
8. Applicant shall be responsible for notifying all adjacent and adjoining property owners pursuant to the Code of Virginia of the date, time, subject and location of the public hearing. Costs of any notice required shall be taxed to the applicant.
9. Following the public hearing, the planning commission shall forward the proposed amendment to the Town Council together with its recommendation and a statement fully setting forth its reasons for such recommendations. Failure of the planning commission to make a recommendation within 90 days after first such meeting of the commissioners subsequent to receipt of a proposed recommendation or such shorter period as may be set by the council shall be deemed approval by the commission of such amendment.
10. The Town Council may hold a separate public hearing on said application or may hold a joint public hearing with the planning commission with required notice given in accordance with by Code of Virginia, § 15.2-2204. The Town Council may approve or deny an amendment as submitted, rezone to a classification other than that requested by the applicant (provided that all notice requirements have been met) or may rezone only a portion of the area proposed for rezoning in the original petition.
11. In addition to the relevant criteria of section 42-33 (j) above for applications for conditional uses, all applications for zoning map amendments shall be evaluated using the following criteria:
    1. Whether the proposed application is consistent with trends in growth and development, the current and future requirements of the community as to land for various purposes as determined by population, transportation, economic and other studies, and most appropriate use of land throughout the locality;
    2. The existing character and use of the subject property and suitability for various uses, compatibility with uses permitted, planned and existing on other property in the immediate vicinity, and conservation of land values;
    3. Adequacy of sewer and water, transportation, parks, recreational areas, stormwater management, and other public services and infrastructure necessary to serve the uses that would be permitted on the property if it were reclassified to a different zoning district;
    4. Whether reclassification of the property for the proposed use(s) will result in the preservation or damage of any existing habitats, vegetation, topographic or physical, natural, scenic, archeological, or historic feature of significant importance; and
    5. Whether reclassification of the property for the proposed use(s) will impact existing water quality or air quality.
12. Limitation on filing new petition after denial. No new petition concerning any or all of the same property shall be filed within 12 months of the date of denial by the council of a substantially identical petition.
13. Withdrawal of petition. Any petition pursuant to subsection (b) of this section and section 42-33 may be withdrawn upon written request by the applicant any time upon payment in full of any outstanding permit or review fees and advertising costs, as applicable.

(Ord. of 9-21-2006, §§ 1-4, 10-8; Ord. No. 2018-07-0001, 7-19-2018; Ord. No. 2020-02-0002, 2-6-2020)

1. Any building erected or improvements constructed contrary to any provision of this chapter or any use of any building or land which is constructed, operated or maintained contrary to any provisions of this chapter or contrary to any plan approved under the provisions of this chapter shall be unlawful.
2. Any person, whether owner, lessee, principal, agent, employee or otherwise, who violates any of the provisions of this chapter, permits any such violations, fails to comply with any of the requirements hereof or who erects any building or uses any building or land in violation of the provisions of this chapter shall be subject to the enforcement provisions of this section. In acting to enforce this chapter, the zoning administrator, or other authorized employee or official of the town shall act in the name of the town. The zoning administrator shall have all necessary authority on behalf of the Town Council to administer and enforce this chapter, including the ordering in writing of the remedying of any condition found in violation of this chapter, and the bringing of legal action to ensure compliance with this chapter, including injunction, abatement or other appropriate action or proceeding.
3. Criminal violations and sanctions. Any violation of the provisions of this chapter that results in physical harm or injury to any person shall be deemed a Class 2 criminal misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than $1,000.00 for each separate offense. Failure to remove or abate a zoning violation within the time specified in an order by the zoning administrator shall constitute a separate violation, and any such failure during any succeeding ten-day period shall constitute a separate offense punishable by a fine of not less than $100.00 and not more than $1,000.00.
4. Civil violations and penalties. Any violations of the provisions of this chapter other than those set forth in subsection (c) of this section shall be deemed a civil violation and upon an admission of liability or finding of liability shall be punishable by a fine of $200.00 for the first charge and $500.00 for each additional charge. Each day during which the violation is found to have existed shall constitute a separate offense. However, specified violations resulting from the same operative set of facts shall not be charged more frequently than once in any ten-day period, and a series of violations arising from the same operative set of facts shall not result in civil penalties which exceed $5,000.00. Nothing in this section shall be construed as to prohibit the Town Council from bringing legal action to remedy any violation by injunction, abatement or other appropriate action or proceeding, as authorized by law. The provisions of Code of Virginia, § 15.2-2209, regarding issuance of civil summons, the opportunity to make all appearances in person or by mail, waiver or trial and admission of liability, right of trial and appeal, are hereby adopted by reference, mutatis mutandis.
5. After having served a notice of violation to any person committing or permitting a violation of the zoning ordinance provisions as listed in subsection (d) of this section and if such violation is not ceased within such reasonable time as is specified in such notice, the zoning administrator shall cause two copies of a summons and/or ticket to be personally served upon such person or posted in a conspicuous location at the site of the violation. If a person complies in writing to a notice of violation, and agrees to cease said violation, no further fines shall be levied after the date of such agreement, provided such agreement is complied with.
6. The summons/ticket shall provide that any person summoned for a violation may elect to pay the civil penalty by making an appearance in person or in writing by mail to the town at least 72 hours prior to the time and date fixed for trial, and by such appearance may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged. Such summons shall provide that a signature to an admission of liability shall have the same force and effect as a judgment of court; however, an admission of liability or finding of liability shall not be deemed a criminal conviction for any purpose.
7. If a person charged with a violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district courts in the same manner and with the same right of appeal as provided by law.
8. Permit revocation.
   1. Any permit issued under authority of this chapter may be revoked by the permit-issuing authority in accordance with the provisions of this section, if the permit recipient fails to develop or maintain the property in accordance with the plans approved the requirements of this chapter or any additional requirements lawfully imposed by the permit-issuing authority.
   2. All notice and hearing requirements applicable to granting the permit in question shall be complied with before the permit may be revoked. The notice shall inform the permit recipient of the alleged grounds for revocation.
   3. Any permit for which no notice or hearing was required before issuance may be revoked after ten days' written notice of intent to revoke the permit, which shall state the reasons for the proposed revocation and inform the permit recipient of the opportunity for an informal hearing before the zoning administrator at which he can contest the truth or adequacy of the reasons for revocation.
   4. No person shall use any land or building in the manner authorized by any zoning, sign, conditional, or other permit after the permit has been revoked in accordance with this section.
   5. Other permits. Whenever the zoning administrator has cited any project for violation of this chapter or chapter 30, subdivisions, or the administrator or the Town Council has revoked any permit in accordance with the provisions of subsection (f) of this section, no further permits shall be issued for such project until the violations have been remedied except for any permit required to effect such remedy.

(Ord. of 9-21-2006, § 10-9)

The erection of a building (see major improvement, as defined in section 42-30(d)) shall not proceed beyond a point in the construction process where the placement of the corners of a concrete slab or a poured foundation (whichever is applicable in establishing the exact location of all corners of the building) until the corner locations are indicated on a plat (known as a "wall check plat") by a certified land surveyor and submitted and approved by the zoning administrator.

(Ord. of 6-25-2009, § 10-10)

1. Prior to the submission of any required application for rezoning, conditional use permit or comprehensive plan amendment, including amendments requested to rezonings or conditional use permits previously approved in accordance with this chapter, the applicant shall submit to the zoning administrator either: (1) A traffic impact analysis as required by the Code of Virginia, § 15.2-2222.1 and the regulations promulgated thereunder; or (2) written information and supporting documentation, including but not limited to traffic volumes and other such pertinent data, demonstrating that a Traffic Impact Analysis is not required by the Virginia Department of Transportation (VDOT). If preparation and VDOT review of a Traffic Impact Analysis is required by state law and submitted to the town as provided herein, the applicant shall, along with any and all other requirements under this chapter, prepare the necessary package to be submitted to VDOT along with payment to VDOT of any required review fees and submit the same to the zoning administrator. Alternatively, the applicant may submit the package and required payment directly to the VDOT Northern Virginia District Office, provided that such direct submittal is consistent with VDOT policy, and furthermore that the package and all correspondence between the applicant and VDOT regarding the Traffic Impact Analysis shall likewise be provided to the zoning administrator by the applicant.
2. No application for rezoning, conditional use permit or comprehensive plan amendment, including amendments requested to rezonings or conditional use permits previously approved, shall be deemed complete until the applicant has either submitted: (1) written information and supporting information demonstrating to the satisfaction of the zoning administrator that no traffic impact analysis review is required by state law; or (2) filed with the town and VDOT the necessary package for review required by the Code of Virginia, § 15.2-2222.1 and regulations thereunder and presented payment to the town or VDOT in a form acceptable under the regulations. All VDOT payments shall be promptly forwarded to VDOT upon receipt. It will also be the further responsibility of the applicant to comply with any follow-up requirements for meetings and/or submission of additional information, if any, under the Code of Virginia, § 15.2-2222.1 and VDOT regulations thereunder including payment, if necessary, of any additional review fees to VDOT.

(Ord. No. 2017-06-0001, 6-8-2017)

The provisions of this division are intended to guide the zoning administrator, town officials and the board of zoning appeals in resolving issues involving vested rights and nonconforming situations consistent with Code of Virginia, § 15.2-2307 and controlling legal authority.

(Ord. No. 2015-08-0001, 8-27-2015)

If, at the time of enactment of the ordinance from which this chapter is derived or at the time of a subsequent amendment of this chapter, any legal activity is being pursued, or any lot or structure is being legally utilized, in a manner or for a purpose which does not conform to the provisions of this chapter, such use may be continued only as provided in this division:

1. Except as otherwise provided herein, the lawful use of land or buildings existing at the effective date of this division may be continued although such use does not conform to the provisions hereof only so long as the then existing or a more restricted use continues and such use is not discontinued for more than two years, and so long as the buildings or structures are maintained in their then structural condition. Except as provided in this article, such nonconforming use may not be enlarged, extended, reconstructed, moved or structurally altered except in compliance with the provisions of this division.
2. If any change in title or possession, tenancy, management, or renewal of a lease of any such lot or structure occurs, the existing nonconforming use may be continued.
3. If any nonconforming use is discontinued for a period exceeding two years after the enactment of the ordinance from which this chapter is derived or at the time of a subsequent amendment of this chapter, it shall be deemed abandoned and any subsequent use shall conform to the requirements of this chapter. Notwithstanding the foregoing, any building that requires repair, rebuilding or replacement due to an act of God, within the meaning of Code of Virginia § 15.2-2307 may be afforded additional time in which to complete such repair, rebuilding or replacement in accordance with the terms of that statute and section 42-67.
4. A nonconforming use may be changed to any use that is allowed in the zoning district in which it is located, subject to the all applicable standards and requirements applicable to the new use. Once a nonconforming use is converted to a conforming use, it may not be changed back to a nonconforming use.
5. A nonconforming use that has been changed to a more restricted use may not thereafter be resumed except in compliance with the provisions of this division.
6. Temporary seasonal nonconforming uses that have been in continual operation for a period to two consecutive years or more prior to the effective date of the ordinance from which this chapter is derived shall be considered nonconforming uses for purposes of this division.

(Ord. of 9-21-2006, § 9-1; Ord. No. 2015-08-0001, 8-27-2015)

1. The construction or use of a nonconforming building or land area for which a zoning permit was properly issued prior to the effective date of the ordinance from which this chapter is derived, or subsequent amendment thereto, may proceed provided construction of such building, or establishment of such use of land, is undertaken within two years after the date the permit was issued and diligently carried on to completion.
2. Any use that was legally established at a time when no special form of approval or permit was required for the subject use (e.g. conditional use permit approval) shall not be deemed nonconforming merely as a result of not having obtained such approval. Any change, enlargement or expansion of such use shall be subject to the procedures and standards in effect at the time of such change, enlargement or expansion.

(Ord. of 9-21-2006, § 9-2; Ord. No. 2015-08-0001, 8-27-2015)

Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any town or county official charged with protecting the public safety, nor prevent any such building or structure from being brought in compliance with the Uniform Statewide Building Code, upon order of such official.

(Ord. of 9-21-2006, § 9-3; Ord. No. 2015-08-0001, 8-27-2015)

Whenever the boundaries of a district are changed, any uses of land or buildings which become nonconforming as a result of such change shall become subject to the provisions of this division.

(Ord. of 9-21-2006, § 9-4; Ord. No. 2015-08-0001, 8-27-2015)

A nonconforming use may be extended throughout any part of a structure which was arranged or designed for such activity at the time of enactment of the ordinance from which this chapter is derived or subsequent amendment thereto. However, no such use shall be extended to additional buildings or to land outside the original building.

(Ord. of 9-21-2006, § 9-5; Ord. No. 2015-08-0001, 8-27-2015)

Any lot of record at the time of the adoption of the ordinance from which this chapter is derived, which is less in area or width than the minimum required by this chapter, may be used when all other applicable requirements of the zoning ordinance, are met. A lot of record or structure which, solely as a result of an eminent domain proceeding, or conveyance under threat of condemnation, no longer conforms to the requirements of these regulations and restrictions as to area, frontage, and dimensions of lots or yards, shall not be deemed a nonconforming lot or structure for the purpose of this division.

(Ord. of 9-21-2006, § 9-6; Ord. No. 2015-08-0001, 8-27-2015)

1. If a variance is approved from otherwise applicable zoning district dimensional standards for a nonconforming building or structure, the subject structure shall still be deemed nonconforming.
2. A nonconforming structure may be improved, enlarged or expanded without a variance if the expansion does not increase the extent of the nonconformity. With regard to building setbacks, an improvement, enlargement or expansion shall be deemed to increase the extent of the nonconformity if it:
   1. Increases the footprint area of the portion of the structure encroaching into the required minimum setback area; or
   2. Increases the distance between the building line and the maximum required setback line, where applicable.
3. A nonconforming structure may be moved if the movement or relocation eliminates or reduces the extent of the nonconformity.
4. If a nonconforming structure is destroyed by a natural disaster or other act of God, the owner may replace such structure without obtaining a variance for the nonconforming features in accordance with the provisions of the Code of Virginia § 15.2-2307 as amended, provided (i) there is no increase in the extent of the nonconformity, and (ii) that the repairs or reconstruction shall be undertaken within two years of the date of destruction and diligently carried on to completion.

(Ord. of 9-21-2006, § 9-7; Ord. No. 2015-08-0001, 8-27-2015)