Luray City Zoning Code

701.1. No building or structure shall be started, repaired, reconstructed, enlarged or altered until after a zoning permit has been obtained from the zoning 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 developer's drainage plan for properly distributing surface water and additional information as required by this ordinance. Any other information which the zoning 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 zoning administrator. One copy of the drawing shall be returned to the applicant with the permit.

(Ord. of 9-8-2025, § 3(Exh. C))

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. The 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.

(Ord. of 4-28-1980, § 5; Ord. of 9-8-2025, § 3(Exh. C))

Uses permitted by special use permit require a special use permit in addition to the zoning permit and certificate of occupancy. A special use permit shall be subject to such conditions as required in this ordinance and those that the town council upon recommendation of the planning commission deems necessary to carry out the intent of this ordinance. Applications for special use permits shall be submitted to the zoning administrator. The planning commission and town council shall each hold a public hearing noticed in accordance with Code of Virginia, § 15.2-2204, as amended, prior to issuing a recommendation or deciding upon an application for a special use permit.

(Ord. of 9-8-2025, § 3(Exh. C))

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 county circuit court. 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 county circuit court, after a hearing held after at least 15 days' notice. Appointments for vacancies shall be for the unexpired term.

(b)

Members of the board shall hold no other public office in the town except that one member may be a member of the planning commission.

(c)

Any member of the board shall be disqualified to act upon a matter before the board when necessary to comply with the provisions of the State and Local Government Conflict of Interest Act, Code of Virginia, § 2.2-3100 et seq., as amended.

(d)

The board members shall elect a chairman and vice chairman from its members, and secretary who may either be a member or an otherwise qualified individual. The vice chairman shall act when the chairman is absent or abstaining. All officers shall serve one-year terms and may succeed themselves.

705.2. Powers of the board of zoning appeals:

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

(a)

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 determination of the administrative officer shall be presumed to be correct. At a hearing on an appeal, the administrative officer shall explain the basis for the determination after which the appellant has the burden of proof to rebut the presumption by a preponderance of the evidence. The board shall consider the purpose and intent of any applicable ordinances, laws and regulations in making its decision.

(b)

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 appellant or applicant shows by a preponderance of the evidence:

1.

(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

2.

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

3.

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

4.

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

5.

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

6.

The relief or remedy sought by the variance applicant is not available through a modification authorized under section 606 of this ordinance.

No variance shall be authorized except after notice and hearing as required by Code of Virginia, § 15.2-2204, as amended. 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.

(c)

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, as amended. 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.

(d)

To hear and decide applications for interpretation of the district map where there is any uncertainty as to the location of a district boundary. After notice to the owners of the property affected by the question, and after public hearing with notice as required by Code of Virginia, § 15.2-2204, the 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.

(e)

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

(f)

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.

(g)

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.

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 or her absence, the vice chairman, may administer oaths and compel the attendance of witnesses.

(d)

The board shall keep minutes of its proceedings and other official actions in accordance with Code of Virginia, § 2.2-3707(I), as amended.

(e)

All meetings of the board shall be open to the public except as provided in Code of Virginia, § 2.2-3707, as amended.

(f)

A quorum shall be at least four members of the board.

(g)

A concurring vote of a majority of the membership 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 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, § 15.2-2280 et seq., or this ordinance.

Any written notice of a zoning violation or a written order of the zoning administrator 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 and the zoning administrator's written order is sent by registered or certified mail to, or posted at, the last known address or usual place of abode of the property owner or its registered agent, if any. There shall be a rebuttable presumption that the property owner's last known address is shown on the current real estate tax assessment records, or the address of a registered agent that is shown in the records of the Virginia State Corporation Commission.

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. The fee for filing the appeal shall not exceed the costs of advertising the appeal for public hearing and reasonable costs. A decision by the board on an appeal shall be binding upon the owner of the property which is the subject of such appeal only if the owner has been provided notice of the zoning violation or written order of the zoning administrator. The owner's actual notice of such notice of zoning violation or written order or active participation in the appeal hearing shall waive the owner's right to challenge the validity of the board's decision due to failure of the owner to receive notice.

(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 zoning administrator 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 town attorney, modification is required to correct clerical or other nondiscretionary errors.

(d)

In any appeal taken pursuant to this section, if the board's attempt to reach a decision results in a tie vote, the matter may be carried over until the next scheduled meeting at the request of the person filing the appeal.

705.5. Appeal procedure: Appeals shall be mailed to the board of zoning appeals, c/o the zoning administrator. Any materials relating to a particular case, including a staff recommendation or report furnished to a member of the board, shall be made available without cost to the applicant, appellant, or other person aggrieved as soon as practicable thereafter, but in no event more than three business days of providing such materials to a member of the board. If the applicant, appellant, or other person aggrieved requests additional documents other than those materials provided to the board, the request shall be made pursuant to Code of Virginia, § 2.2-3704, as amended. All materials furnished to a member of the board shall also be made available for public inspection pursuant to Code of Virginia, § 2.2-3707(G), as amended.

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.

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 county circuit court 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 secretary of the board of zoning appeals or, if no secretary exists, the chair of the board of zoning appeals, which shall not be less than ten days and may be extended by the court. Once the writ of certiorari is served, the board of zoning appeals shall have 21 days or as ordered by the court to respond. 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.

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 findings and conclusions of the board of zoning appeals on questions of fact 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, the decision of the board of zoning appeals shall be presumed to be correct. The petitioner 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 court in accordance with the Rules of Evidence of the Supreme Court of Virginia. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

Costs shall not be allowed against the town unless it shall appear to the court that it acted in bad faith or with malice. In the event the decision of the board is affirmed and the court finds that the appeal was frivolous, the court may order the party 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 town may request that the court hear the matter on the question of whether the appeal was frivolous.

(Ord. No. 2006-04-08, 4-10-2006; Res. No. 2006-04-08, § 1, 4-10-2006; Ord. of 8-14-2017(1), § 6; Ord. of 11-13-2018, § 1; Ord. of 9-8-2025, § 3(Exh. C))

State Law reference— Local board of zoning appeals, Code of Virginia, § 15.2-2308 et seq. Similar provisions, Code of Virginia, §§ 15.2-2309, 15.2-2311, 15.2-2312, 15.2-2314.

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 constitute 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; Ord. of 9-8-2025, § 3(Exh. C))

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

707.1. The regulations, restrictions, and boundaries established in this ordinance may, from time to time, be amended, supplemented, changed, modified, or repealed by the town council, provided that a public hearing is noticed and conducted in accordance with Code of Virginia, § 15.2-2204, as amended, to provide members of the public an opportunity to be heard.

707.2. Changes to the regulations, restrictions, and boundaries established in this ordinance may be made by the town council only after such changes shall have been referred to the planning commission for its recommendations. Action shall be taken by the town council only after a recommendation has been received from the planning commission. Failure of the planning commission to issue a recommendation within 100 days of the date of referral shall be deemed approval of 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.

707.3. A property owner, contract purchaser with the owner's written consent, or the owner's agent may petition the town council to have their property rezoned by submitting their request in writing to the zoning 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. Failure of the planning commission to make a recommendation within 100 days from the date of referral shall be deemed approval.

707.4. 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; Ord. of 9-8-2025, § 3(Exh. C))

708.1. The provisions of this ordinance shall be administered by the zoning administrator who shall be the town manager and his or her authorized designee. The zoning administrator shall have the authority specified in Code of Virginia, § 15.2-2286, and such other authority as may be granted by law.

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.

(Ord. of 9-8-2025, § 3(Exh. C))

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.