26.1-52-1. Planning commission—Powers and duties generally. The city council does hereby adopt, assume and place into effect for the city the powers, limitations and procedures with reference to its planning commission as set forth in §§ 15.2-2212 to 15.2-2222 of the Code of Virginia.

26.1-52.2. Applications.

(a)

Whenever the public necessity, convenience, general welfare, or good zoning practice require, the city may, by ordinance, amend, supplement, or change these regulations, district boundaries, or classifications of property. Any such amendments may be initiated by:

(1)

Resolution of the city council; or

(2)

Motion of the planning commission; or

(3)

Petition of the owner, contract purchaser with the owner's written consent, or the owner's agent, of the property which is the subject of the proposed zoning map amendment.

Any petition submitted shall be in writing and shall be addressed to city council.

(b)

The administrator shall establish and maintain the amendment application materials. Each application shall be accompanied by the required application fee, as set forth within the most recent fee schedule adopted by city council. These application materials shall, at a minimum, include any information the administrator deems necessary for the planning commission and city council to adequately evaluate the amendment request. In the event that approval of a feature or features of the application for zoning amendment by a state agency is necessary, the administrator shall forward the zoning amendment application within ten (10) business days of receipt of a completed application to the appropriate state agency or agencies for review. Requirements for review including time limitations shall be in accordance with the provisions of Code of Virginia 15.2-2222.1. The application for rezoning shall not be referred to the planning commission until the review by the state agency or agencies is complete.

(c)

The administrator shall not accept any amendment application for a lot or parcel that does not comply with the minimum lot area, width, or frontage requirements of the requested zoning district. In such situations, the applicant shall first seek a variance from the board of zoning appeals. If a variance is granted, the administrator shall thereafter accept the amendment application for the consideration of the commission and board.

(d)

If the council denies any amendment application submitted for its review, or the application is withdrawn after council consideration, the city shall not consider substantially the same application for the same property within one (1) year of the council action. The administrator shall have the authority to determine whether new applications submitted within this one-year period are substantially the same. In making any such determination the administrator shall have the authority to consider any items pertaining to the proposed use or development of the site such as, but not limited to, the uses proposed, densities, access, building locations, and overall site design.

(e)

Prior to the initiation of an application for a special exception, variance, rezoning, or other land use permit, or prior to the issuance of final approval, the applicant shall produce satisfactory evidence that any delinquent real estate taxes owed, which have been properly assessed against the subject property, have been paid.

26.1-52.3. Commission study and action.

(a)

All proposed amendments to the zoning ordinance shall be referred by the city council to the planning commission for study and recommendation. The commission shall study proposals to determine:

(1)

Whether the proposed amendment conforms to the general guidelines and policies contained in the town comprehensive plan.

(2)

The relationship of the proposed amendment to the purposes of the general planning program of the City, with appropriate consideration as to whether the change will further the purposes of this ordinance and the general welfare of the entire community.

(3)

The need and justification for the change.

(4)

When pertaining to a change in the district classification of property, the effect of the change, if any, on the property, surrounding property, and on public services and facilities. In addition, the commission shall consider the appropriateness of the property for the proposed change as related to the purposes set forth at the beginning of each district classification.

(b)

Prior to making any recommendation to the city council on a proposed amendment to the zoning ordinance, the commission shall advertise and hold a public hearing in accord with the provisions of Code of Virginia § 15.2-2204, as amended. The cost of all public advertisements shall be the responsibility of the applicant.

(c)

The commission shall review the proposed amendment and report its findings and recommendations to the city council along with any appropriate explanatory materials within one hundred (100) days after the first planning commission meeting after the proposed zoning ordinance amendment is referred to the commission. Failure of the commission to report to the city council shall be deemed a recommendation of approval. If the commission does not report within the prescribed time, the council may act on the amendment without the recommendation of the commission.

(d)

Any recommendation of the commission shall be deemed advisory, and shall not be binding on the city.

26.1-52.4. Council study and action.

(a)

Before enacting any proposed amendment to the zoning ordinance, the city council shall hold a public hearing as required by [Code of Virginia] § 15.2-2204, with public notice as required by Code of Virginia §§ 15.2-2204 and 15.2-2285, as amended. The city council may hold a joint public hearing with the planning commission. The cost of all public advertisements shall be the responsibility of the applicant. After holding this hearing, the city council may make appropriate changes to the proposed amendment; 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 notice as required by [Code of Virginia] § 15.2-2204.

(b)

The city clerk shall transmit to the administrator official notice of any city council action modifying the zoning ordinance. The administrator shall thereafter have the responsibility to make any necessary and appropriate changes to the zoning ordinance map. The city clerk shall have the responsibility to make any necessary and appropriate changes to the zoning ordinance text.

(c)

Failure by the city council to take action on the planning commission's recommendation within six (6) months after the planning commission's action or failure to act shall be considered a denial of a request.

26.1-52.5. Posting of property; requirements; exemptions.

(a)

Notwithstanding any advertising requirements imposed by Virginia Code §§ 15.2-2204 and 15.2-2285, the public notice process for every proposed map amendment shall require posted public notice on the property proposed for review.

(b)

At least fifteen (15) days prior to the commission's public hearing on the pending application, the administrator shall erect on the subject property signs indicating the change proposed, and the date, time, and place of the public hearing. Failure to do so shall result in the cancellation or continuation of the scheduled public hearing. The applicant shall be responsible for all advertising costs associated with the public hearing, including a one hundred dollar ($100.00) posting fee. Alternatively, the applicant may post the property, using signs provided by the zoning administrator, and not be subject to the posting fee.

(c)

The administrator shall determine the number of signs required; however, there shall be at least one (1) sign posted along each public right-of-way abutting the property. At least one (1) sign shall be posted every three hundred (300) feet along any single right-of-way. All signs must be clearly visible from the adjacent right-of-way. For properties that lack any public right-of-way, all required signs shall be posted along at least two (2) property lines, as determined by the administrator.

(d)

The applicant shall have the responsibility to determine and provide the structural elements necessary to erect the sign on the property.

(e)

All public hearing signs posted shall be removed from the property by the applicant within two (2) days after the Commission's public hearing.

(f)

The following exemptions shall apply to the provisions of this Section:

(1)

The posting of property shall not be required for any action initiated by a resolution of the council if the action encompasses more than twenty-six (26) parcels of land.

The temporary absence of any posted sign, due to vandalism or climatic conditions, shall not violate the intent of this section or invalidate any action by the commission or the council.

(Ord. of 1-5-16, § 1(Exh. A)

26.1-53-1. Enforcement of chapter; building permits; certificates of occupancy.

(a)

This chapter shall be enforced by the city building inspector. No land or structure shall be changed in use and no structure shall be erected, altered or moved until the inspector has issued a building permit and structures are in conformity with this chapter. No land or structure hereafter erected, moved or altered in its use shall be used until the building inspector has issued a certificate of occupancy stating that such land or structure is found to be in conformity with the provisions of this chapter.

(b)

All applications for building permits shall be accompanied by a drawing or plat in duplicate or as required by the city building inspector showing, with dimensions, the lot lines, the building, the location of buildings on the, lot and such other information as may be necessary to provide for the enforcement of this chapter, including if necessary a boundary survey and a staking of the lot by a competent surveyor and complete construction plans if these are required for a proper decision on an application. The drawings shall contain suitable notations indicating the proposed use of all land and buildings. A careful record of the original copy of such applications and plats shall be kept in the office of the city building inspector and a duplicate copy shall be kept at the building site at all times during construction.

(c)

Any person granted permission to locate a manufactured home on a single lot will be required to purchase a building permit based on fair market value of the manufactured home at the time of the application. The manufactured home and necessary utility connections to serve the same must be inspected by the building official and meet minimum building, plumbing, electrical, fire and any other applicable codes as required by the city.

26.1-53-2. Penalty for violation. Any person who violates any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof before the civil and police justice of the city, shall be fined not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00) if the offense is not willful, and in every case one hundred dollars ($100.00) for each day after the first day that such violation continues.

26.1-53-3. Restraining, etc., violations of chapter. Any violation or attempted violation of this chapter, or of any regulation adopted hereunder, may be restrained, corrected, or abated as the case may be by injunction or other appropriate proceeding.

26.1-53-4. In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this article. The imposition of a fine or penalty for any violation of, or noncompliance with, this article shall not excuse the violation or noncompliance or permit it to continue; and all such persons shall be required to correct or remedy such violations or noncompliances within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this article may be declared by the City of Norton to be a public nuisance and abatable as such. Flood insurance may be withheld from structures constructed in violation of this article.

Editor's note— Similar provisions, Code of Virginia, §§ 15.2-2286, 15.2-2208, 15.2-2209.