(a)

Powers and duties. This chapter shall be enforced by the zoning administrator, who shall be appointed by the town council. The administrator shall serve at the pleasure of the council and shall have such duties as are conferred on him by this chapter and Virginia Code § 15.2-2286, as amended. The zoning administrator may also hold another office in the town.

(b)

Minimum submission standards for applications.

(1)

The zoning administrator shall establish minimum standards for submission requirements of all applications associated with the zoning ordinance. Applications shall contain all information required to meet the minimum standards.

(2)

Upon written request by an applicant, the zoning administrator, or his or her agent, may waive or modify a submission requirement or requirements upon a determination that the information is not necessary to evaluate the merits of the application.

(c)

Vested rights, not impaired. The provisions of this chapter shall not impair a vested right of a property owner. The zoning administrator shall be authorized to make determinations on whether a property owner's rights are deemed vested in a land use. Vested rights determinations shall be made in accordance with Virginia Code § 15.2-2307, as amended.

(Ord. No. 06-2020, Att. 1, 6-9-2020)

(a)

Planning commission.

(1)

Appointment and membership. The planning commission shall be created and organized pursuant to Virginia Code § 15.2-2210 and § 15.2-2212, as amended, and as follows:

a.

The commission shall consist of five members appointed by council. All members must be residents of the town, with at least half of the members owning property in the town.

b.

The term of office shall be four years. One of the five appointed members shall be an active member of council. Vacancies shall be filled by council by appointment to complete the unexpired term.

c.

A commission member may be removed by council for malfeasance, or if absent from any three consecutive meetings of the commission, or if absent from any four meetings of the commission within any 12-month period.

d.

The commission shall choose annually a chairman, vice-chairman, and secretary. The vice-chairman shall act in the absence of the chairman. The chairman and vice-chairman shall be voting members of the commission. The secretary need not be a member of the commission.

(2)

Power and duties. The commission shall have the powers and duties established by Virginia Code § 15.2-2221, as amended, and as follows:

a.

To hear and make recommendations to council on applications for special use permits, zoning text or map amendments;

b.

Supervise its fiscal affairs and responsibilities, under rules and regulations prescribed by council;

c.

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

d.

Provide an annual report to council concerning the operation of the commission and the status of planning within the town;

e.

Prepare and recommend to council a comprehensive plan for the town in accordance with Virginia Code § 15.2-2223;

f.

If deemed advisable, establish advisory committee or committees; and

g.

Any other duties delegated by council.

(3)

Rules, regulations, and meetings. The commission shall conduct meetings pursuant to Virginia Code §§ 15.2-2214, 2215, and 2217, as amended, and as follows:

a.

The commission shall adopt such rules and regulations as it may consider necessary.

b.

Pursuant to Virginia Code § 15.2-2287, as amended, members are required to disclose any property interest in petitions brought before the commission and may be disqualified from acting upon the matter.

c.

The commission shall establish the date and time for regular meetings. The commission shall meet at least once per year.

d.

Special meetings may be called by the chairman, or by two members upon written request to the secretary.

e.

The commission shall keep minutes of its proceedings, showing the vote of each member, all of which shall be public record.

f.

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

g.

A quorum shall be at least three members.

(b)

Board of zoning appeals.

(1)

Appointment and membership. Pursuant to Virginia Code § 15.2-2308, as amended, a board of zoning appeals shall be created and organized as follows:

a.

The council shall recommend for appointment by the circuit court, a board of zoning appeals consisting of five members. The board shall receive salaries or other compensation for their services as shall be fixed by council. 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. One of the five members shall be an active member of the planning commission.

c.

Any board member may be removed from office by the court which appointed him for malfeasance, misfeasance, or nonfeasance in office, or for other just cause, after a hearing held after at least 15 days' notice.

d.

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

e.

The board shall choose annually its own chairman and vice-chairman. The vice-chairman shall act in the absence of the chairman. The zoning administrator, or designee, shall serve as secretary to the board.

(2)

Power and duties. Pursuant to Virginia Code § 15.2-2309, as amended, a board of zoning appeals shall have the following powers and duties:

a.

Appeals.

(i)

To hear and decide appeals from any order, requirement, decision, or determination made by an administrative officer in the administration or enforcement of this chapter.

(ii)

No such appeal shall be heard except after notice and hearing as provided by Virginia Code § 15.2-2204, as amended.

b.

Variance.

(i)

To authorize upon appeal or original application for a variance, as defined in Virginia Code § 15.2-2201, as amended, under the terms of this chapter when a literal enforcement of the provisions of this chapter will result in unnecessary hardship; provided that the spirit of this chapter shall be observed and substantial justice done.

(ii)

No such variance shall be heard except after notice and hearing as provided by Virginia Code § 15.2-2204, as amended.

c.

Boundary interpretations.

(i)

To hear and decide applications for interpretation of the zoning 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 any such question, and after public hearing with notice as required by Virginia Code § 15.2-2204, as amended, the board may interpret the map in such way as to carry out the intent and purpose of this chapter for the particular section or district in question.

(ii)

The board shall not have the power to change substantially the locations of district boundaries as established by the ordinance.

(iii)

No provision of this section shall be construed as granting the board the power to rezone property.

(3)

Rules, regulations, and meetings.

a.

The board shall adopt such rules and procedures as it may consider necessary.

b.

The board may adopt policies regarding ex parte communication that are accordance with Virginia Code § 15.2-2308.1, as amended.

c.

Pursuant to Virginia Code § 15.2-2287, as amended, members shall be required to disclose any property interest in petitions brought before the board and may be disqualified from acting upon the matter.

d.

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

e.

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

f.

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 public record.

g.

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

h.

A quorum shall be at least three members.

i.

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 on which the board is required to pass.

(Ord. No. 06-2020, Att. 1, 6-9-2020; Ord. No. O-02-2022, 9-9-2025)

(a)

Compliance required. All departments, officials, and public employees of the town, who are vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this chapter. They shall issue permits for uses, buildings, or purposes only when they are in harmony with the provisions of this chapter.

(b)

Outstanding fees and taxes. Pursuant to Virginia Code § 15.2-2286 (B), as amended, prior to the initiation of an application, the applicant shall produce satisfactory evidence that any delinquent real estate taxes, nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on the subject property, that are owed to the town have been paid, unless otherwise authorized by the treasurer.

(c)

Zoning permit.

(1)

Purpose and intent. The purpose of this section is to establish a procedure for the review of proposed development to ensure its compliance with the requirements of this chapter.

(2)

Applicability. Pursuant to Virginia Code § 15.2-2286, as amended, a zoning permit is required for any change in the use of land, buildings or structures, and for the construction of a new building or structure, or the reconstruction, enlargement, demolition or alteration of any existing building or structure.

(3)

Standards and procedures.

a.

Zoning permit applications shall be reviewed using the procedures and minimum submission requirements established by the zoning administrator.

b.

Each application shall be accompanied by a drawing showing dimensions of all structures, including the proposed structure and lot. 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, and the location of such building or use with respect to the other structures on the lot, the property lines of the parcel of land and to the right-of-way of any street or highway adjoining the parcel of land. Any other information which the administrator may deem necessary for consideration of the application may be required.

c.

The zoning administrator shall act on a zoning permit application without public notice, except if the applicant is not the owner, a copy of the notice of such action shall be sent to the owner as set forth in Virginia Code § 15.2-2204(H), as amended.

d.

The zoning administrator may request a review by the planning commission of a request for a zoning permit prior to the issuance of such zoning permit, in order to determine if the contemplated use is in accordance with the district for which the permit will apply.

e.

If the proposed building or use is in conformity with the provisions of this chapter, a permit shall be issued to the applicant by the administrator. A copy of the application shall be returned to the applicant with the notice of action.

(4)

Appeal. Any applicant or person aggrieved by the application decision shall have the right to appeal the decision pursuant to the procedures set forth in section 66-25.

(d)

Special use permit.

(1)

Purpose and intent. A use requiring a special use permit is a use that may be appropriate in a zoning district, but because of its nature, extent, and external effects, requires special consideration of its location, design, and methods of operation before it can be deemed appropriate in the district and compatible with its surroundings. The purpose of this section is to establish procedures and standards for review and approval of use permits that provide for such special consideration.

(2)

Applicability. A special use permit is required for development of any use designated in section 66-34 as a use requiring a special use permit in accordance with this section, and pursuant to Virginia Code § 15.2-2286, as amended.

(3)

Standards and procedures.

a.

Application.

(i)

Special use permit applications shall be reviewed using the procedures and minimum submission requirements established by the administrator.

(ii)

Pursuant to Virginia Code § 15.2-2289, as amended, all applicants must disclose all equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers and directors, and in any case the names and addresses of all of the real parties of interest.

b.

Public notice.

(i)

In accordance with Virginia Code § 15.2-2204, as amended, the planning commission shall not recommend, nor shall the council, approve any special use permit until public hearings have been held by both the commission and the council. Notice of public hearings shall be published once a week for two successive weeks in some newspaper published or having general circulation in the town, provided that such notice for both the commission and the council may be published concurrently. Such notice shall specify the time and place of a hearing at which persons affected may appear and present their views, not less than five days nor more than 21 days after the second advertisement shall appear in such newspaper. The subject matter of the public hearing need not be advertised in full but may be advertised by reference. Each such advertisement shall contain a reference to the places within the town where copies of the proposed permit may be examined. The commission and council may hold a joint public hearing after providing public notice as set forth herein, and if such joint hearing is held, the public notice shall note that the hearing is being held by both the commission and the council. The term "two successive weeks," as used in this subsection, shall mean that such notice shall be published at least twice in such newspaper, with not less than six days elapsing between the first and second publications.

(ii)

Pursuant to Virginia Code § 15.2-2206, as amended, the applicant shall give written notice to those persons who own property, any portion of which abuts the subject property, and all property which is directly across the street from any portion of the subject property, as determined by the town's real property tax records. This notice shall give the date, time and place of the hearing, identify the property which is the subject of the application and give a brief description of the proposed action. This notice shall be mailed a minimum of ten days prior to the date of the public hearing. The list of property owners and the content of the notice shall be approved by the zoning administrator prior to mailing.

(iii)

Pursuant to Virginia Code § 15.2-2206, as amended, the town shall give written notice to adjacent localities within one-half mile of the subject property. Written notice shall be given at least ten days before the hearing to the chief administrative officer, or his designee, of such adjoining locality.

c.

Standards for review.

(i)

The planning commission shall hold at least one public hearing and make its recommendation to council within 100 calendar days of the public hearing date, unless the applicant requests an extension and the commission votes to grant such an extension for a defined period not to exceed a total of 180 calendar days from the date of the public hearing.

(ii)

The council shall hold at least one public hearing, which may be a joint hearing with the commission. The council shall take final action to approve or deny the permit after receiving the recommendation of the commission.

(iii)

Special use permits may be issued for any of the uses for which a special use permit is required by the provisions of this chapter, provided that the council, upon a recommendation by the commission, shall find that:

1.

The proposed use will not affect adversely the health or safety of persons residing or working in the neighborhood of the proposed use;

2.

The proposed use will not be detrimental to the public welfare or unduly injurious to property values or improvements in the neighborhood;

3.

The proposed use will not conflict with the policies and principles of the town's adopted comprehensive plan; and

4.

Adequate public services, including streets and other trafficways, utilities, police and fire protection, are or reasonably will be available to support the proposed use.

(iv)

In granting any special use permit, council shall give due consideration to the relevant factors in subparagraph iii above, as well as to any other reasonable land use and zoning considerations as may be required by the nature of the proposed use or as may be otherwise appropriate to effectuate the intent of this chapter, and council shall provide such conditions as it deems necessary to carry out the intent of this chapter. All such conditions shall be reasonably related both in nature and extent to the impact of the proposed development. The application for such special use permit shall be accompanied by such information as may be necessary to enable the commission and council to make the recommendation and findings set forth above.

d.

Effect of decision; period of validity.

(i)

A special use permit authorizes only the particular use(s) and associated development that is approved. A special use permit, including any approved plans and conditions, shall run with the land, and shall not be affected by a change in ownership.

(ii)

Construction or operation shall commence within two years of the date of issuance or the special use permit shall become void, or as otherwise specified in Virginia Code § 15.2-2209.1, as amended.

(iii)

No application for a special use permit shall be considered by the council within one year from the date that council acted on an application for the same or substantially the same use on the same parcel of land, except by motion of council to rehear.

(iv)

Should the use approved by the special use permit cease for any 24-month period during the life of the permit, the special use permit shall become void.

(4)

Appeal. Any applicant or person aggrieved by the application decision shall have the right to appeal the decision pursuant to the procedures set forth in section 66-25.

(e)

Variance.

(1)

Purpose and intent. Pursuant to Virginia Code § 15.2-2309, as amended, the purpose of a variance is to allow for a reasonable deviation from the provisions of this chapter regulating the shape, size, or area of a lot or parcel of land or the size, height, area, bulk, or location of a building or structure when the strict application of the ordinance would unreasonably restrict the utilization of the property, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the purpose of the chapter.

(2)

Standards and procedures.

a.

Authority.

(i)

The board of zoning appeals is authorized to review upon appeal or original application petitions for a variance, provided that the burden of proof shall be on the applicant for a variance to prove by a preponderance of the evidence that the application meets the standard for a variance and the criteria set out in this section.

(ii)

The board of zoning appeals may approve, approve with conditions, or deny an application for a variance permit in accordance with the procedures and standards of this section.

b.

Application.

(i)

In accordance with Virginia Code § 15.2-2310, as amended, an application for a variance may be made by any property owner, tenant, government official, department, board, or bureau. Applications shall be made to the zoning administrator in accordance with rules adopted by the board. The application and accompanying maps, plans, or other information shall be transmitted promptly to the secretary of the board of zoning appeals who shall place the matter on the docket to be acted upon by the board. The zoning administrator shall also transmit a copy of the application to the planning commission, which may send a recommendation to the board or appear as a party at the public hearing.

(ii)

In accordance with Virginia Code § 15.2-2289, as amended, all applicants must disclose all equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers and directors and in any case the names and addresses of all of the real parties of interest.

c.

Public notice.

(i)

In accordance with Virginia Code § 15.2-2204, as amended, no variance shall be considered except after notice and a public hearing. Notice of a public hearing before the board of zoning appeals shall be published once a week for two successive weeks in some newspaper published or having general circulation in the town. Such notice shall specify the time and place of a hearing at which persons affected may appear and present their views, not less than five days nor more than 21 days after the second advertisement shall appear in such newspaper. The subject matter of the public hearing need not be advertised in full but may be advertised by reference. Each such advertisement shall contain a reference to the places within the town where copies of the proposed variance may be examined. The term "two successive weeks," as used in this subsection, shall mean that such notice shall be published at least twice in such newspaper, with not less than six days elapsing between the first and second publications.

(ii)

Pursuant to Virginia Code § 15.2-2206, as amended, the applicant shall give written notice to those persons who own property, any portion of which abuts the subject property, and all property which is directly across the street from any portion of the subject property, as determined by the town's real property tax records. This notice shall give the date, time and place of the hearing, identify the property which is the subject of the application and give a brief description of the proposed action. This notice shall be mailed a minimum of ten days prior to the date of the public hearing. The list of property owners and the content of the notice shall be approved by the zoning administrator prior to mailing.

d.

Standards for review.

(i)

In accordance with Virginia Code § 15.2-2309 (2), as amended, a variance shall be granted by the board of zoning appeals if the evidence shows that the strict application of the terms of the ordinance would unreasonably restrict the utilization of the property, or that the granting of the variance would alleviate a hardship due to a physical condition relating to the property, or improvements thereon at the time of the effective date of the ordinance; and

1.

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

2.

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

3.

The condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practical the formulation of a general regulation to be adopted as an amendment to the ordinance;

4.

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

5.

The relief or remedy sought by the variance application is not available through a special use permit or zoning modification process that is authorized in the ordinance.

e.

Effect of decision; period of validity.

(i)

Issuance of a variance shall authorize only the particular variance that is approved. A variance, including any conditions, shall run with the land and not be affected by a change in ownership.

(ii)

Development authorized by the variance shall not be carried out until the applicant has secured all other permits required by this chapter or any other applicable ordinances and regulations of the town. A variance, in itself, shall not ensure that the development approved through a variance shall receive subsequent approval for any other necessary applications for permit or development approval.

(iii)

No reapplication for a variance for the same or substantially the same application shall be considered by the board of zoning appeals within a period of one year from its last consideration.

(3)

Appeals. Any person jointly or severally aggrieved by any decision of the board of zoning appeals, or any aggrieved taxpayer or any officer, department, commission, or the town, within 30 days of the date of the decision, may appeal the decision of the board of zoning appeals on a variance to the circuit court, as provided by Virginia Code § 15.2-2314, as amended.

(f)

Site plans.

(1)

Purpose and intent. The purpose of this section is to promote the orderly development of certain activities in the town and to ensure that such activities are developed in a manner harmonious with surrounding properties and in the interest of the general public welfare. More specifically, the site plan shall be used to review the project's compatibility with its environment; to review the ability of the project's traffic circulation system to provide for the convenient and safe internal and external movement of vehicles and pedestrians; to review the quantity, quality, utility, and type of the project's required community facilities; and, to review the location and adequacy of the project's provision for drainage and utilities.

(2)

Applicability of requirements.

a.

Pursuant to Virginia Code § 15.2-2286.A.8, as amended, no building permit or zoning permit shall be issued involving construction or exterior modifications to a building until a site plan has been issued in accordance with the procedures established herein. Site plans are required and shall be submitted for all new structures, all renovated structures, and all additions to existing structures, with the following exceptions:

(i)

Single-family dwelling.

(ii)

Two-family dwellings.

(iii)

Accessory uses where the area of land disturbance is less than 2,500 square feet.

(iv)

Bona fide agricultural operations and the customary accessory uses and structures associated with bona fide agricultural operations.

(v)

Filling and grading operations with an area of disturbance less than 2,500 square feet and where no impervious structures, surfaces, or improvements will be installed and no clearing undertaken.

b.

Where a change of use of an existing structure requires additional parking or other requirements applicable to a new use, a site plan shall be submitted for review to ensure that the change of use can be accomplished within the purpose and intent of this chapter.

(3)

Waiver of requirements.

a.

Any requirement of this section may be waived by the zoning administrator with the approval of the planning commission and council, where the waiver is not adverse to the purpose of this section and the applicant establishes that in this specific case an undue hardship would result from a strict enforcement of this section, or that the requirement is unreasonable.

b.

The administrator, with the approval of the commission, may waive the requirements for site plan review for additions to buildings, structures, and uses, if in his opinion such addition does not substantially affect the purpose and intent of this section.

(4)

Specifications and contents.

a.

Every site plan shall be prepared in accordance with the following specifications:

(i)

The scale shall not be less than 50 feet to one inch.

(ii)

All site plans shall be submitted on 24-inch by 36-inch sheets.

(iii)

If the site plan is prepared on more than one sheet, match lines shall clearly indicate where the several sheets join.

(iv)

Horizontal dimensions shall be in feet and decimals of feet to the closest 1/100 of a foot.

(v)

The north point, scale, and date.

b.

The site plan, or any portion thereof, involving engineering, urban planning, landscape architecture, architecture or land surveying shall be prepared by qualified persons. Site plans shall be certified by an architect, engineer, or land surveyor licensed to practice by the state within the limits of their respective licenses. The site plan shall provide the following:

(i)

A vicinity map at a scale between one-inch equals 250 feet and one-inch equals 2,000 feet showing the location of the property with regard to major roads, jurisdictional boundaries, and landmarks.

(ii)

A boundary survey of the tract with total area.

(iii)

A certificate, signed by the surveyor or engineer, setting forth the source of title of the owner of the tract and the place of record of the last instrument in the chain of title.

(iv)

All existing and proposed streets, alleys, and easements, including their names, numbers, widths, and grade.

(v)

Existing and proposed utilities.

(vi)

Property owners, zoning and present use of adjoining property.

(vii)

Location, type and size of vehicular entrances to the site.

(viii)

Locations, types, sizes and heights of fencing, retaining walls and screen planting where required.

(ix)

All off-street parking, loading spaces and walkways, indicating type of surfacing, size, angle of stalls, width of aisles and a specific schedule showing the number of parking spaces provided and the number required in accordance with section 66-45.

(x)

Existing and proposed pedestrian routes, including links between various buildings.

(xi)

Number of floors, floor area, height, and location of each building and proposed general use for each building. If a multifamily residential building, the number, size and type of dwelling units.

(xii)

Emergency service ingress/egress, fire suppression methods and other relevant emergency related building code requirements.

(xiii)

All existing and proposed water and sanitary sewer facilities, indicating all pipe sizes, types and grades and where connection is to be made, fire hydrants, utility lines, culverts, bridges, railroads, quarries, strip mines, watercourses, and other significant manmade features.

(xiv)

Provisions for the adequate disposition of natural and storm water, indicating locations, sizes, types, and grades of ditches, catch basins and pipes and connections to existing drainage system.

(xv)

Existing topography, with a maximum of two-foot contour intervals. Where existing ground is on a slope of less than two percent, either one-foot contours or spot elevations where necessary, but not more than 50 feet apart in both directions.

(xvi)

Proposed finished grading by contours, supplemented where necessary by spot elevations.

(xvii)

Natural features including perennial streams, 100-year floodplains, lakes, ponds, tree masses, rock outcrops or other natural features within 500 feet from the boundaries of the proposed development.

(xviii)

A landscape plan demonstrating at a minimum the type, size and location of plantings.

(xix)

All proposed open space areas including common open space, dedicated open space and developed recreational open space.

(xx)

Sequence of development schedule with approximate completion date for each stage and a cost estimate of all improvements within each stage.

(xxi)

Other items as may be requested by the zoning administrator, his authorized agent, or the planning commission in consideration of the application which may include, but is not limited to, a traffic impact analysis, fiscal impact analysis and a signage plan.

c.

The following improvements and minimum standards, as applicable, shall be required and provided for in a site development plan:

(i)

All street and highway construction standards in accordance with those specified in chapter 50.

(ii)

The pavement of vehicular travel lanes, driveways, or alleys designed to permit vehicular travel on the site and to and from adjacent property.

(iii)

Cul-de-sacs shall be designed and constructed in accordance with the street standards specified in chapter 50 and may not be construed or employed as a parking bay.

(iv)

The minimum utility easement width shall be 20 feet. The nearest edge of any easement shall be a minimum of five feet from any building.

(v)

All required screening shall be sufficiently dense or opaque to screen development effectively from the adjacent properties.

d.

Review and approval.

(i)

Unless otherwise provided in another article of this chapter, every site plan required by this article shall be submitted to the zoning administrator, who shall review the plans for conformity with the comprehensive plan and applicable development regulations.

(ii)

Up to five copies of the plan shall be submitted to the administrator. The administrator shall circulate the plan to the relevant departments, boards, and agencies for written comments and shall notify the applicant of the action taken, which may be approval, approval subject to conditions or disapproval.

(iii)

In accordance with Virginia Code § 15.2-2259, as amended, the site plan shall be approved within 60 days after it has been officially submitted for approval if it is found to be adequate with respect to:

1.

Locations and design of vehicular entrances and exits in relation to streets giving access to the site and in relation to pedestrian traffic.

2.

Locations and adequacy of automobile parking areas.

3.

Adequate provision for traffic circulation and control within the site and provision for access to adjoining property.

4.

Compliance with the requirements for setback and screening.

5.

Adequacy of drainage, water supply, fire protection and sanitary sewer facilities.

6.

Compliance with applicable established design criteria, construction standards and specifications for all improvements.

7.

Adequacy of proposed landscaping for softening the harsh visual effects of parking lots and for providing screening between the development and the street and surrounding lots.

(5)

Period of validity.

a.

Approval of a site plan submitted under the provisions of this article shall expire five years after the date of such approval unless building permits have been obtained for construction in accordance therewith.

b.

No permit shall be issued for any structure in any area covered by the site plan that is required under the provisions of this article except in conformity with such site plan which has been duly approved.

(6)

Amendments. If it becomes necessary for an approved site plan to be changed, the administrator shall, at the applicant's request, either administratively approve an amendment to the site plan or, if the change is major, require that a new site plan be drawn and submitted for review and action in accordance with this section.

(Ord. No. 06-2020, Att. 1, 6-9-2020)

(a)

Zoning text and map amendments.

(1)

In general. Pursuant to Virginia Code § 15.2-2286(7), as amended, whenever public necessity, convenience, general welfare, or good zoning practice requires, the council may, from time to time, amend, supplement or change, by ordinance, the boundaries of the districts or the regulations established in this chapter. Such change shall require a majority vote of the council.

(2)

Procedures and standards.

a.

Initiation of change.

(i)

Amendments to this chapter may be initiated by:

1.

Resolution of the council;

2.

Resolution of the planning commission; or

3.

Petition of the owner, contract purchaser with the owner's written consent, or the owner's agent therefor, of the property which is the subject of the proposed zoning map amendment, addressed to the council or the planning commission, who shall forward such petition to the zoning administrator, together with the fee as set forth in the fee schedule adopted by the council.

(ii)

Any area annexed shall be considered as agricultural A-1 until and unless designated otherwise after the required public hearings outlined in this section.

b.

Application. Each application for rezoning shall be accompanied by the following unless specific items are waived by the council or approved for later submission in accordance with the requirements of this article:

(i)

A statement describing the nature of the proposed development and explaining the relationship of the development to the comprehensive plan.

(ii)

A statement setting forth a maximum number of dwelling units or lots proposed, including density and open space calculations where applicable to any residential development, or a statement describing the types of uses proposed and the approximate square footage for each nonresidential development.

(iii)

A statement detailing any special amenities that are proposed.

(iv)

A statement of the public improvements both on and off site that are proposed for dedication and/or construction and an estimate of the date for providing such improvements.

(v)

A statement setting forth the proposed approximate development schedule.

(vi)

A site plan listing and detailing the nature and location of any proffered conditions and those proposed circumstances which prompted the proffering of such conditions.

(vii)

A landscape plan demonstrating compliance with section 66-43.

(viii)

Architectural renderings in color of all proposed structures to be constructed or altered and a list of the color and type of exterior finishes proposed.

(ix)

A statement of any reasonable conditions voluntarily proffered by the applicant in accordance with this article.

(x)

A report analyzing the impacts of any rezoning shall be required to be submitted by the applicant with any application for rezoning. The zoning administrator shall determine which issues need to be addressed.

1.

In general, the impact analysis shall assume the maximum density or intensity of development allowed under the rezoning classification. Lesser densities or intensities can be assumed if such lesser densities or intensities are proffered as conditions on the rezoning. In general, the maximum possible impacts shall be assumed unless conditions are proffered to lessen those impacts. The impact analysis may be based on a master development plan or site plan only if that plan is proffered as a condition of the rezoning.

2.

The impact analysis shall include the following:

a.

The use of surrounding land and potential economic, physical, visual, nuisance, and other impacts on surrounding properties.

b.

The anticipated increase in traffic to be generated as a result of the rezoning, anticipated entrance locations, anticipated changes in traffic patterns and turning movements on public streets, and anticipated impacts on the capacity and efficiency of existing and planned public roads.

c.

The anticipated methods by which sewer and water facilities will be provided to the site.

d.

The anticipated increase in potential population resulting from the rezoning, including the potential increase in population in various age groups.

e.

The projected additional demand for school facilities, public parks and recreational facilities, solid waste facilities, emergency services facilities, and other public facilities.

f.

Anticipated stormwater impacts.

g.

The location of important environmental features on the site and anticipated environmental impacts.

h.

The location of historic structures and sites in relation to the site and impacts on those historic structures and sites.

c.

Review procedures.

(i)

Applications for amending this chapter shall be reviewed using the procedures set forth in this chapter. Upon receipt of an application for a zoning text amendment or rezoning, the zoning administrator will review the application for completion.

1.

Once the application has been determined to be complete, the zoning administrator shall evaluate the application and may request that the applicant make revisions as necessary to address review comments. No agent of the town is authorized to suggest, demand, or accept a proffer that is unreasonable under applicable law.

2.

The zoning administrator shall forward a report and recommendation with the application to the planning commission for public hearing. An application shall not be scheduled for public hearing until all notification requirements have been satisfied.

3.

The commission shall not make a recommendation on a request for a zoning text amendment or rezoning until after the application has been advertised and a public hearing held in accordance with the requirements of this article.

4.

The planning commission shall advise the council whether to:

a.

Approve the amendment or rezoning;

b.

Approve the amendment or rezoning with conditions; or

c.

Deny the application or amendment or rezoning.

5.

If after 100 days, the planning commission has not issued its recommendation, the request is transmitted to the council, and council shall take any action it deems appropriate.

(ii)

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

(iii)

In accordance with Virginia Code § 15.2-2289, as amended, any applicant must disclose all equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers and directors, and in any case the names and addresses of all of the real parties of interest.

d.

Public notice.

(i)

Pursuant to Virginia Code § 15.2-2204, as amended, the planning commission shall not consider a recommendation nor shall the council consider action on any request under this section until a public hearing regarding the request is advertised once a week for two successive weeks in a newspaper having general circulation in the town, provided that such notice for both the commission and council may be published concurrently. Such notice shall specify the time and place of a hearing at which persons affected may appear and present their views. Such hearing shall be held not less than five days nor more than 21 days after the second advertisement appears in such newspaper. The subject matter of the public hearing need not be advertised in full but may be advertised by reference. Each such advertisement shall contain a reference to the places within the town where copies of the proposed plans, ordinances or amendments may be examined. In the case of a proposed amendment to the zoning map (rezoning), the public notice shall state the general usage and density range of the proposed amendment and the general usage and density range, if any, set forth in the applicable part of the comprehensive plan. No land may be zoned to a more intensive use classification than was contained in the public notice without an additional public hearing after notice as required by this chapter.

(ii)

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

(iii)

When a proposed amendment of this chapter involves a change in the zoning classification of 25 or fewer parcels of land, then notice shall be provided pursuant to Virginia Code § 15.2-2204 (B), as amended.

(iv)

Individual property owners may petition the council to have their property rezoned by submitting their requests in writing, accompanied by payment of applicable fees to defray the cost of advertising and administration, to the administrator. Action shall be taken on each such petition in conformity with the provisions of this section, including the requirements for public notice. The applicant shall also place a sign provided by the town on the subject property which indicates that this action is pending. This sign shall be located to be clearly visible from the street.

e.

Standards for review.

(i)

In determining what, if any, amendments to this chapter or the zoning district map are to be adopted, the council shall:

1.

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

2.

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

3.

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

4.

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

5.

Consider the right of all citizens to be treated reasonably; and

6.

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

(ii)

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

f.

Zoning map. The zoning administrator shall cause the zoning district map to be updated as frequently as necessary to ensure that zoning data shown thereon are both accurate and current. Accordingly, all changes affecting the zoning district map that are approved by the council shall be entered onto the original official zoning district map within not less than 30 days following the approval of such changes.

g.

Reconsiderations; period of validity.

(i)

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

(ii)

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

(3)

Appeal. Any applicant or person aggrieved by the application decision shall have the right to appeal the decision pursuant to the procedures set forth in section 66-25.

(b)

Proffers.

(1)

Proffer of conditions; standards for consideration.

a.

Any owner of property making application for a change in zoning or an amendment to the zoning map may, as part of the application, voluntarily proffer in writing reasonable conditions which shall apply to the subject property in addition to the regulations provided for in the zoning district sought in the rezoning application. Any such proffered conditions must be made prior to any public hearing before the council (including joint public hearings with the planning commission), be in accordance with the procedures and standards established in Virginia Code § 15.2-2297, as amended, and shall be subject to the following limitations:

(i)

The rezoning itself shall give rise to the need for the conditions;

(ii)

The conditions shall have a reasonable relation to the rezoning;

(iii)

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

(iv)

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

(v)

The conditions shall not require the mandatory creation of a property owner's association which includes an express further condition that members of a property owners' association pay an assessment for the maintenance of public facilities owned in fee simple by a public entity, including open space, parks, schools, fire departments and other public facilities not otherwise provided for in Virginia Code § 15.2-2241, as amended; however, such facilities shall not include sidewalks, special street signs or markers, or special street lighting in public rights-of-way not maintained by VDOT;

(vi)

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

(vii)

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

(viii)

All conditions shall be in accordance with the comprehensive plan; and

(ix)

The council shall not be obligated to accept any condition proffered by the owner.

b.

Proffer declaration.

(i)

At the time a proffer is submitted to the council, it shall be accompanied by a statement signed by the applicant and the owner or their agents which states either (1) "Each proffer made in connection with this application for rezoning was made voluntarily and complies with applicable law. Each proffer is reasonably related both in nature and extent to the impacts of the proposed development. No agent of the town has suggested or demanded a proffer that is unreasonable under applicable law." or (2) that the applicant or the owner or both disagree with the statement in (1) above and all the facts and reasons which led to that disagreement.

(ii)

All statements, plans, profiles elevations, and other demonstrative material submitted with an application for rezoning shall be annotated with one of the following statement: "I hereby proffer that the development of the subject property of this application shall be in strict accordance with the conditions set forth in this submission."

c.

Effect of condition; period of validity.

(i)

Upon the approval of any such rezoning, all conditions proffered and accepted by the council shall be deemed a part thereof and non-severable therefrom and shall remain in force and effect until amended or varied by council. All such conditions shall be in addition to the regulations provided for in the zoning district to which the land is rezoned.

(ii)

Such proffered conditions shall be designated on the zoning map by an appropriate symbol designed by the zoning administrator. In addition, the zoning administrator shall keep and maintain a special zoning index which shall provide ready access to the ordinance creating such conditions and which shall be available for public inspection. The administrator shall update the index annually and no later than November 30 of each year.

d.

Enforcement and guarantees.

(i)

The zoning administrator shall be vested with all necessary authority on behalf of the town to administer and enforce conditions attached to a rezoning or amendment to a zoning map, including:

1.

Ordering in writing of the remedy of any noncompliance with such conditions;

2.

Bringing legal action to ensure compliance with such conditions, including injunction, abatement or other appropriate action or proceeding; and

3.

Requiring a bond or other surety in an amount sufficient for or conditioned upon the construction of any physical improvements required by the conditions, or a contract for the construction of such improvements and the contractor's guarantee, in like amount and so conditioned, which guarantee may be released by the administrator upon the submission of satisfactory evidence that the construction of such improvements has been completed in whole or in part.

(x)

Failure to meet all conditions shall cause the administrator to deny the issuance of any required use, occupancy, or building permits as may be appropriate.

(2)

Amendments. Any request by an applicant to amend or vary conditions that were voluntarily proffered and accepted by the council shall be reviewed and processed pursuant to Virginia Code § 15.2-2302, as amended.

(Ord. No. 06-2020, Att. 1, 6-9-2020)

(a)

Fees, charges and expenses.

(1)

The council shall establish, by resolution, a schedule of fees, charges and expenses, and collection procedures for zoning permits, special use permits, variances, appeals, amendments, and other matters pertaining to this chapter.

(2)

The schedule of fees shall be available for inspection in the office of the zoning administrator and may be altered or amended by council by resolution. Until all application fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.

(b)

Violations and penalties.

(1)

Authority. As authorized by Virginia Code § 15.2-2286(4), as amended, the zoning administrator or designee shall be responsible for enforcing the provisions of this chapter.

(2)

Inspection warrant. The zoning administrator may enter upon land or inspect any structure to ensure compliance with the provisions of this chapter, after requesting and receiving approval of the landowner to enter upon land for these purposes. If consent is not given by the landowner, the zoning administrator may enter upon land in accordance with Virginia Code § 15-2.2286(A)15, as amended.

(3)

Notice of violation.

a.

Upon becoming aware of any violation of the provisions of this chapter, the administrator may issue written notice of such violation to the person committing or permitting the violations. Notice shall be mailed by registered or certified mail or hand delivered.

b.

The notice of violation shall state the nature of the violation, date that it was observed, the remedy or remedies necessary to correct the violation and a reasonable time period for the correction of the violation.

c.

Every written notice of violation issued by the administrator shall include a statement informing the recipient of the right to appeal the notice of zoning violation or written order within 30 days as provided in this section. The decision shall be final and unappealable if not appealed within 30 days.

d.

Appeals shall be heard by the board of zoning appeals in accordance with the procedures set forth in section 66-25.

(4)

Penalties for violation.

a.

Upon becoming aware of a violation of the provisions of this chapter, the administrator may proceed to issue a civil summons.

b.

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

c.

If a person charged with a violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided for by law.

d.

Any such violation of this chapter shall be punishable by a civil fine as established in the fee schedule adopted by council.

e.

The violation may be prosecuted as a criminal misdemeanor under State Code.

f.

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

(Ord. No. 06-2020, Att. 1, 6-9-2020)

(a)

In general.

(1)

In accordance with Virginia Code § 15.2-2311, as amended, any person aggrieved or by any officer, department, board or bureau of the town affected by any decision of the zoning administrator or from any order, requirement, decision or determination made by any other administrative officer in the administration or enforcement of this chapter may appeal the decision or finding to the board of zoning appeals.

(2)

An appeal under this section shall be made within 30 days after the decision of the zoning administrator, and shall be filed with the board, including a notice of appeal specifying the grounds thereof. The zoning administrator shall transmit to the board all information constituting the record upon which the action appealed from was taken.

(3)

A decision or interpretation of the zoning administrator shall be presumed correct and may not be reversed or modified unless there is evidence in the record that the decision is not correct, based on the relevant procedures and review standards of this chapter. The board shall consider the purpose and intent of any applicable provisions of this chapter and other relevant ordinances, laws, and regulations in making its decision.

(4)

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.

(b)

Procedures. The procedures for submitting an appeal shall be as follows:

(1)

Mailing procedure. Appeals shall be mailed to the board of zoning appeals in care of the zoning administrator, and a copy of the appeal shall be mailed to the secretary of the planning commission. A third copy should be mailed to the individual, official, department, or agency concerned, if any.

(2)

Hearing. The board shall fix a reasonable time for the hearing of an appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within 90 days of the filing of the appeal.

(3)

Decisions.

a.

In exercising its powers, the board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from. In any appeal, if a 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.

b.

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.

c.

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

(c)

Construction in violation of ordinance.

(1)

Construction of a building with a valid building permit deemed in violation of this chapter may be prevented, restrained, corrected or abated by suit filed within 15 days after the start of construction by a person who had no actual notice of the issuance of the permit.

(2)

The court may hear and determine the issues raised in the litigation even though no appeal was taken from the decision of the administrative officer to the board of zoning Appeals

(d)

Appeals of a board of zoning appeals decision.

(1)

Any person jointly or severally aggrieved by any decision of the board, or any taxpayer or any officer, department, board, or bureau of the town may appeal the decision to the circuit court.

a.

A petition specifying the grounds on which aggrieved must be submitted 30 days after the filing of the decision in the office of the board.

b.

Upon the presentation of such petition, the court shall allow a writ of certiorari to review the decision of the board of zoning appeals and shall prescribe therein the time within which a return thereto must be made 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.

c.

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 such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

d.

If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a commissioner to take such evidence as it may direct and report the same 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.

e.

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. If 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 a return of the record pursuant to the writ of certiorari.

(Ord. No. 06-2020, Att. 1, 6-9-2020)