701.1. No building or structure shall be started, repaired, reconstructed, enlarged or altered until after a zoning permit has been obtained from the administrator.

701.2. Each application for a zoning permit shall be accompanied by three copies of an adequately dimensioned drawing unless as otherwise specified. The drawing shall show the size and shape of the parcel of land on which the proposed building is to be constructed, the nature of the proposed use of the building or land, the location and arrangement of off-street parking, the location of such building or use with respect to the property line of said parcel of land and to the right-of-way of any street or highway adjoining said parcel of land, the developers drainage plan for properly distributing surface water and additional information as required by this ordinance. Any other information which the administrator may deem necessary for the consideration of the application may be required. If the proposed building or use is in conformity with the provisions of this ordinance, a permit shall be issued to the applicant by the administrator. One copy of the drawing shall be returned to the applicant with the permit.

701.3. Buildings to which state fire safety regulations apply as set forth by the state corporation commission shall conform to such regulations.

(a)

Land may be used or occupied, and buildings structurally altered or erected may be used or changed in use only after a certificate of occupancy has been issued by the administrator. Such a permit [certificate] shall state that the building or the proposed use, or the use of land, complies with the provisions of this ordinance. A similar certificate shall be issued for the purpose of maintaining, renewing, changing, or extending a nonconforming use. A certificate of occupancy either for the whole or a part of a building shall be applied for simultaneously with the application for a zoning permit. The permit shall be issued within ten days after the erection or structural alteration of such building or part has conformed with the provisions of this ordinance.

(b)

Special use permits, issued pursuant to sections 401.2(c), 402.2(c), 403.2(d), 404.2(d), 405.2(c), 406.2(f), and 407.1(y), shall only be issued after a public hearing is held in relation thereto at which parties in interest and citizens shall have an opportunity to be heard. Notices thereof shall be given of the time and place of such hearing by publication in at least two issues of some newspaper having a general circulation in the jurisdiction, in accordance with Code of Virginia, § 15.2-2204, as amended.

(c)

Such permits shall not be issued if the proposed use would be contrary to the spirit of this ordinance, or contrary to the spirit of the statement of intent for the zoning district involved, or would be a substantial detriment to adjacent property, or would be substantially at variance with the character of the zoning district involved.

(Ord. of 4-28-1980, § 5)

Where uses are permitted by special permit the location and beginning of such uses shall require, in addition to the zoning permit and certificate of occupancy, a special use permit. These permits shall be subject to such conditions as required in this ordinance and those that the governing body upon recommendation of the planning commission deems necessary to carry out the intent of this ordinance. Applications for such permits shall be submitted to the administrator.

704.1. Fees, charges, and expenses. The town council shall establish, by resolution, a schedule of fees, charges, expenses, and collection procedures for zoning permits, certificates of use and occupancy, special use permits, variances, appeals, amendments, and other matters pertaining to this ordinance. The schedule of fees shall be available for inspection in the office of the zoning administrator and may be amended by resolution of the town council. No action shall be taken on any application or appeal until all application fees, charges, and expenses have been paid in full.

704.2. Delinquent real estate taxes, nuisance charges, and other liens. An application by the owner of the subject property, the owner's agent, or any entity in which the owner holds an ownership interest greater than 50 percent, for a special use permit, variance, rezoning or land disturbing permit, including building permits and erosion and sediment control permits, shall not be approved until satisfactory evidence is presented to the zoning administrator that any delinquent real estate taxes, nuisance charges, and other charges owed to the town and constituting a lien on the subject property have been paid in full.

(Ord. of 3-9-2020(1))

State Law reference— Code of Virginia, § 15.2-2286(B).

705.1. Board of zoning appeals:

(a)

A board consisting of seven town residents shall be appointed by the Circuit Court of Page County, Virginia. The board shall serve without pay other than for traveling expenses, and members shall be removable for malfeasance, misfeasance, or nonfeasance in office, or for other just cause, by the Circuit Court of Page County, Virginia, after a hearing held after at least 15 days' notice. Appointments for vacancies occurring otherwise than by expiration of term shall in all cases be for the unexpired term.

(b)

The term of office shall be for five years, except that of the first seven members appointed, one shall serve for seven years, one for six years, one for five years, one for four years, one for three years, one for two years, and one for one year. One of the seven members appointed may be an active member of the planning commission of the town.

(c)

Any member of the board shall be disqualified to act upon a matter before the board with respect to property in which the member has an interest.

(d)

The board shall choose annually from its own membership, its chairman and vice chairman, who shall act in the absence of the chairman, and secretary.

State Law reference— Local board of zoning appeals, Code of Virginia, § 15.2-2308 et seq.

705.2. Powers of the board of zoning appeals:

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 Code of Virginia, § 15.2-2280 et seq. or this ordinance. The decision on such appeal shall be based on the board's judgment of whether the administrative officer was correct. The board shall consider the purpose and intent of any applicable ordinances, laws and regulations in making its decision.

2.

To grant a variance upon appeal or original application in specific cases as defined in Code of Virginia, § 15.2-2201. The board of zoning appeals shall grant a variance if the evidence shows:

a.

(i) A strict application of the ordinance provisions would unreasonably restrict the utilization of the property; or

(ii)

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 this ordinance; or

(iii)

The variance would alleviate a hardship by granting a reasonable modification for a person with a disability; and

b.

The property interest for which the variance is requested was acquired in good faith and any hardship was not created by the applicant; and

c.

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

d.

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 amendment to this ordinance; and

e.

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

f.

The relief or remedy sought by the variance applicant is not available through a special exception process authorized under Code of Virginia, § 15.2-2309(6).

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 board may give such notice by first-class mail rather than by registered or certified mail.

In authorizing a variance the board 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.

3.

To hear and decide appeals from the decision of the zoning administrator 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 board may give such notice by first-class mail rather than by registered or certified mail.

4.

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 board may interpret the map in such way as to carry out the intent and purpose of the ordinance 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 board may give such notice by first-class mail rather than by registered or certified mail. The board shall not have the power to change substantially the locations of district boundaries as established by ordinance.

5.

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

6.

Any variance granted to provide a reasonable modification to property or improvements thereon requested by, or on behalf of, a person with a disability may expire when the person benefited by it is no longer in need of the modification to such property or improvements provided by the variance, subject to the provisions of state and federal fair housing laws, or the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131 et seq.), as applicable. If a request for a reasonable modification is made to the town and is appropriate under the provisions of state and federal fair housing laws, or the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131 et seq.), as applicable, such request shall be granted by the town unless a variance from the board of zoning appeals under this section is required in order for such request to be granted.

7.

The board by resolution may fix a schedule of regular meetings, and may also fix 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.

(Ord. of 8-14-2017(1), § 6; Ord. of 11-13-2018, § 1)

State Law reference— Similar provisions, Code of Virginia, § 15.2-2309.

705.3. Rules and regulations:

(a)

The board of zoning appeals shall adopt such rules and regulations as it may consider necessary.

(b)

The meeting of the board shall be held at the call of its chairman or at such time as a quorum of the board may determine.

(c)

The chairman or, in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses.

(d)

The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact. It shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

(e)

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

(f)

A quorum shall be at least three members.

(g)

A favorable vote of three members of the board shall be necessary to reverse any order, requirement, decision, or determination of any administrative official or to decide in favor of the applicant on any matter upon which the board is required to pass.

705.4 Appeal to the board of zoning appeals:

A.

An appeal to the board may be taken by any person aggrieved or by any officer, department, board or bureau of the locality 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 Code of Virginia, § 15.2-220 et seq. or this ordinance. Notwithstanding any Charter provision to the contrary, any written notice of a zoning violation or a written order of the zoning administrator dated on or after July 1, 1993, shall include a statement informing the recipient that he may have a right to appeal the notice of a zoning violation or a written order within 30 days in accordance with this section, and that the decision shall be final and unappealable if not appealed within 30 days. The appeal period shall not commence until the statement is given. The appeal shall be taken within 30 days after the decision appealed from by filing with the zoning administrator, and with the board, a notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

B.

An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the board 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 or by a court of record, on application and on notice to the town manager and for good cause shown.

C.

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 where the person aggrieved has materially changed his position in good faith reliance on the action of the zoning administrator or other administrative officer 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 governing body, modification is required to correct clerical or other nondiscretionary errors.

State Law reference— Similar provisions, Code of Virginia, § 15.2-2311.

705.5. Appeal procedure: Appeals shall be mailed to the board of zoning appeals, c/o the zoning administrator, and a copy of the appeal mailed to the secretary of the planning commission. A third copy shall be mailed to the individual, official, department or agency concerned, if any.

705.6. Public hearing: The board shall fix a reasonable time for the hearing of an application or appeal, give public notice thereof as well as due notice to the parties in interest and make its decision within 90 days of the filing of the application or appeal. In exercising its powers the board may reverse or affirm, wholly or partly, or may modify, an order, requirement, decision or determination appealed from. The concurring vote of a majority of the membership of the board shall be necessary to reverse any order, requirement, decision or determination of an administrative officer or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance or to effect any variance from this ordinance. The board shall keep minutes of its proceedings and other official actions which shall be filed in the office of the board and shall be public records. The chairman of the board, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses.

State Law reference— Similar provisions, Code of Virginia, § 15.2-2312.

705.7. Review of decision of board of zoning appeals:

Any person or persons jointly or severally aggrieved by any decision of the board of zoning appeals, or any aggrieved taxpayer or any officer, department, board or bureau of the town, may file with the clerk of the circuit court for the county a petition specifying the grounds on which aggrieved within 30 days after the final decision of the board.

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 and served upon the relator's attorney, which shall not be less than ten 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.

The board of zoning appeals 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 of the portions thereof as may be called for by the 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.

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 evidence as it may direct and report the 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 shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

In the case of an appeal from the board of zoning appeals to the circuit court of an order, requirement, decision or determination of a zoning administrator or other administrative officer in the administration or enforcement of any ordinance or provision of state law, the decision of the board of zoning appeals shall be presumed to be correct. The appealing party may rebut that presumption by proving by a preponderance of the evidence, including the record before the board of zoning appeals, that the board of zoning appeals erred in its decision. Any party may introduce evidence in the proceedings in the court.

In the case of an appeal by a person of any decision of the board of zoning appeals that denied or granted an application for a variance, or application for a special exception, the decision of the board of zoning appeals shall be presumed to be correct. The petitioner may rebut that presumption by showing to the satisfaction of the court that the board of zoning appeals applied erroneous principles of law, or where the discretion of the board of zoning appeals is involved, the decision of the board of zoning appeals was plainly wrong and in violation of the purpose and intent of the zoning ordinance.

Costs shall not be allowed against the board, unless it shall appear to the court that it acted in bad faith or with malice in making the decision appealed from. In the event the decision of the board is affirmed and the court finds that the appeal was frivolous, the court may order the person or persons who requested the issuance of the writ of certiorari to pay the costs incurred in making the return of the record pursuant to the writ of certiorari. If the petition is withdrawn subsequent to the filing of the return, the board may request that the court hear the matter on the question of whether the appeal was frivolous.

State Law reference— Similar provisions, Code of Virginia, § 15.2-2314.

(Ord. No. 2006-04-08, 4-10-2006; Res. No. 2006-04-08, § 1, 4-10-2006)

706.1. All departments, officials, and public employees of this jurisdiction which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this ordinance. They shall issue permits for uses, buildings, or purposes only when they are in harmony with the provisions of this ordinance. Any such permit, if issued in conflict with the provisions of this ordinance, shall be null and void.

706.2. Any violation of this ordinance shall be a misdemeanor punishable by a fine of up to $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 this ordinance within a time period set by the court. Failure to remove or abate a zoning violation within the time period specified by the court shall consitute a separate misdemeanor punishable by a fine of up to $1,000.00; and any such failure during a succeeding ten-day period shall constitute a separate misdemeanor offense punishable by a fine of up to $1,500.00; and any such failure during a succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-day period punishable by a fine of up to $2,000.00.

(Ord. of 11-13-2018, § 2)

State Law reference— Permitted penalty for violation of zoning ordinance, Code of Virginia, § 15.2-2286(A)(5).

The regulations, restrictions, and boundaries established in this ordinance may, from time to time, be amended, supplemented, changed, modified, or repealed by a favorable majority of votes of the governing body, provided:

707.1. That a public hearing shall be held in relation thereto at which parties in interest and citizens shall have an opportunity to be heard.

707.2. Notices shall be given of the time and place of such hearings by publication in at least two issues of some newspaper having a general circulation in the jurisdiction, in accordance with Code of Virginia, § 15.2-2204, as amended. After enactment of any such amendments, further publication thereof shall not be required.

707.3. When a proposed amendment of the zoning ordinance involves a change in the zoning map classification of 25 or fewer parcels of land, then, in addition to the advertising as above required, written notice shall be given by the local planning commission, or its representative, 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, including those parcels which lie in other localities of the commonwealth; and, if any portion of the affected property is within a planned unit development, then to such incorporated property owner's associations within the planned unit development that have members owning property located within 2,000 feet of the affected property as may be required by the commission or its agent. Notice sent by registered or certified 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. If the hearing is continued, notice shall be remailed. Costs of any notice required under this ordinance shall be taxed to the applicant.

When a proposed amendment of the zoning ordinance involves a change in the zoning map classification of more than 25 parcels of land, or a change to the applicable zoning ordinance text regulations that decreases the allowed dwelling unit density of more than 25 parcels of land, then, in addition to the advertising as above required, written notice shall be given by the local planning commission, or its representative, at least five days before the hearing to the owner, owners, or their agent of each parcel of land involved, provided, however, that written notice of such changes to zoning ordinance text regulations shall not have to be mailed to the owner, owners, or their 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 local 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 local commission to give written notice to the owner, owners or their agent of any parcel involved.

The governing body may provide that, 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.

Whenever the notices required hereby are sent by an agency, department or division of the local governing body, 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.

A party's actual notice of, or active participation in, the proceedings for which the written notice provided by this section 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 required by this section.

State Law reference— Similar provisions, Code of Virginia, § 15.2-2204.

707.4. Changes may be made by the governing body in the zoning ordinance or the zoning map only after such changes shall have been referred to the planning commission for its recommendations. Action shall be taken by the governing body only after a report has been received from the planning commission, unless a period of 90 days has elapsed after date of referral to the commission, after which time it may be assumed the commission has approved the change or amendment. 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 herein.

707.5. Individual property owners may petition the governing body to have their property rezoned by submitting their request in writing to the administrator. The fee imposed shall be used to defray the cost of advertising and administration. After proper public hearing, the planning commission shall make its recommendation to the town council, which will then act upon the applicant's request. If the planning commission makes no recommendation within 90 days from the date of referral, council may assume that the commission concurs with the applicant.

707.6. When an application for rezoning, special use permit, or zoning amendment is denied, substantially the same application will not be reconsidered for a period of 12 months from the date of the denial. An application is "substantially the same" if it requests (a) the rezoning of the same parcel to a zoning district that was requested by a prior application; (b) a special use permit for the same use on a parcel that was requested by a prior application; or (c) a change to the same existing zoning district regulation or the addition of the same proposed zoning district regulation that was requested by a prior application.

(Ord. of 4-8-2024, § 1)

708.1. This ordinance shall be enforced by the administrator who shall be appointed by the governing body. The administrator shall serve at the pleasure of that body. Compensation for such may be fixed by resolution of the governing body.

708.2. Nothing contained herein shall require any change in the plans or 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 and be completed within a period of one year after construction is initiated. If construction is discontinued for a period of six months or more, further construction shall be in conformity with the provisions of this ordinance for the district in which the operation is located.

Should any section or provision of this ordinance be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof other than the part so held to be unconstitutional or invalid.

All conflicting ordinances or parts thereof which are inconsistent with the provisions of this ordinance are hereby repealed.

This Zoning Ordinance of Luray, Virginia, shall be effective at and after 7:30 p.m., October 10, 1977.