The provisions of this chapter shall be administered and enforced by an officer to be known as the zoning administrator who shall be appointed by the city manager. The zoning administrator shall have all necessary authority to carry out the duties prescribed in this chapter on behalf of the city council. It shall be the responsibility of all other appointed officers and employees of the city to cooperate with the zoning administrator in the execution of such duties.

(Ord. No. 1553, 5-14-07)

(1)

Interpretation. Subject to appeal to the board of zoning appeals pursuant to the provisions of Article X of this chapter, the zoning administrator shall be the final authority as to the interpretation of the provisions of this chapter.

(2)

Review and approval of zoning permits. The zoning administrator shall review all applications for zoning permits required by the provisions of this chapter and shall approve or disapprove same based on compliance or noncompliance with the provisions of this chapter.

(3)

Review and processing of site plans. The zoning administrator shall review all site plans. The administrator will determine if the plan can be reviewed administratively or if it requires planning commission approval. The administrator shall report monthly the status of administratively reviewed plans. For planning commission reviewed plans, the administrator shall report to the planning commission findings and recommendations based on compliance or noncompliance with this chapter for use as they consider approval of such plans. The zoning administrator shall provide an annual report to the commission summarizing site plans approved, those implemented, and any enforcement or compliance problems.

(4)

Correction of violations. The zoning administrator shall use his or her best endeavors to prevent violations of the provisions of this chapter and to detect and secure the correction of violations. The zoning administrator shall order in writing remedy of conditions found to be in violation, including the discontinuance of illegal uses of land and buildings, the removal or bringing into compliance of illegal buildings, structures, additions and alterations, and the discontinuance of illegal work being done. The zoning administrator shall provide the city attorney a copy of every such order, and the city attorney shall have the authority to initiate such legal action to ensure compliance and prevent violations as is authorized by the laws of the Commonwealth.

(5)

Records. The zoning administrator shall maintain records of all official actions taken with respect to the administration and enforcement of this chapter, and shall retain copies of all zoning permit applications and accompanying plans and information as a permanent record.

(6)

Other duties. The zoning administrator shall have such other duties with respect to the administration of this chapter as specifically set forth elsewhere in the chapter or as determined by the city manager.

(Ord. No. 1553, 5-14-07)

(1)

Zoning permit required. No building shall be constructed, erected, enlarged, structurally altered, moved or converted to a different use, nor shall any permanent sign be erected or installed, nor shall any use of land or buildings, including a home occupation, be established, changed to a different use or expanded to occupy a greater area of land or buildings until a zoning permit for such building, sign or use has been approved by the zoning administrator.

(2)

Applications and plans. Applications for zoning permits shall be submitted to the zoning administrator by the owner of the property involved or by an agent of the owner, with the written consent of the owner. Applications shall be made on forms provided by the zoning administrator and shall be accompanied by plans in accordance wit h the following.

(a)

Plans. The application for a zoning permit shall be accompanied by site plans, which shall be drawn to scale, submitted in such number as required by the zoning administrator and Article VIII of this chapter and shall show, with dimensions: lot lines, yards, locations of buildings, parking spaces and such other information deemed necessary by the zoning administrator to enable enforcement of the provisions of this chapter. Plans shall contain notations indicating the proposed use of all buildings and land. The zoning administrator may waive any of the plan requirements of this paragraph when the particular information is not necessary to determine compliance with this chapter and to establish sufficient record of the applications. The zoning administrator or city engineer may require plans to be prepared or certified by qualified professionals when deemed necessary to establish the location or design of buildings, structures, utilities or other site improvements.

(b)

Action The administrator shall act on any application received within 30 days, notifying the applicant when formal action may be expected on the application.

(3)

Applications for rezoning:

(a)

Site plan. Every zoning permit application for a project requiring planning commission approval of a site plan shall be accompanied with ten copies of the proposed plan for consideration by the planning commission. All other plans shall require three copies.

(b)

Consultation. Applicants are encouraged to consult with the zoning administrator during the preparation phase of the site plan.

(4)

Request for variance or review of zoning administrator's decision. Applications shall be made with the zoning administrator for reviews by the board of zoning appeals.

(a)

Requests for review. The application shall be accompanied by the material which the applicant desires to be considered by the board. The board will hold hearings on the requests at which time additional information may be presented.

(b)

Administrator shall schedule provide information and hearing. The zoning administrator shall forward the application and accompanying materials to the board, schedule a hearing and notify the applicant.

(5)

Expiration of zoning permit. A zoning permit shall be valid for a period of one year from the date of signature by the zoning administrator and shall become null and void if, within such period, no building permit or certificate of use and occupancy pursuant thereto has been issued by the building official. In a case where no building permit or certificate of use and occupancy is required by applicable law, a zoning permit shall become null and void if, within one year from the date of its approval, the use, activity or feature authorized by such zoning permit has not been established.

(6)

Provisional approval. To the extent that such action does not conflict with the provisions of the Virginia Uniform Statewide Building Code, the zoning administrator may grant provisional approval in conjunction with a certificate of use and occupancy under the following conditions:

(a)

Such provisional approval may be granted only where lack of compliance with the provisions of this chapter is of a temporary nature and involves only site related improvements such as landscaping, vegetative screening and paving which cannot reasonably be completed due to seasonal or weather conditions or unavoidable scheduling conflicts on the part of the contractor or supplier. In any such instance, the zoning administrator shall be satisfied that the premises involved are physically suitable for use and occupancy in terms of access, availability of required parking and drainage, and all other site requirements.

(b)

Such provisional approval shall be in writing and shall state the nature of the incomplete work and the time period within which the work is to be completed, which in no case shall exceed 90 days, provided that one extension of up to 60 days may be granted by the zoning administrator for good cause shown. Provisional approval shall expire at the end of such stated period, and if the work is not completed, a violation of the terms of this chapter shall be deemed to exist.

(c)

The zoning administrator may require a bond with surety, or such other guarantee as approved by the city attorney, adequate to ensure completion of the improvements.

(Ord. No. 1553, 5-14-07)

No building permit required by the provisions of the Virginia Uniform Statewide Building Code shall be issued by the building official until a zoning permit as required by this article has been issued by the zoning administrator.

(Ord. No. 1553, 5-14-07)

No certificate of use and occupancy required by the provisions of the Virginia Uniform Statewide Building Code shall be issued for any building, land or portion thereof until a zoning permit as required by the provisions of this article has been issued by the zoning administrator. In a case where a zoning permit has been approved in conjunction with a building permit for the building or portion thereof, an additional zoning permit shall not be required provided that the certificate of use and occupancy shall not be issued until is has been determined by the zoning administrator upon inspection of the premises that the construction and use are in conformance with the previously approved zoning permit and all applicable provisions of this chapter.

(Ord. No. 1553, 5-14-07)

No land disturbing permit as required by the provision of Chapter 31 of the City Code shall be issued by an administrative official until the zoning administrator has reviewed same and certified that the land disturbing activity proposed pursuant to such permit will not result in any violation of the provisions of this chapter.

(Ord. No. 1553, 5-14-07)

All zoning permits and other permits and certificates are approved or issued on the basis of approved applications and plans, and shall authorize only the construction, arrangement and use set forth by such approved applications and plans. Any construction, arrangement or use not in compliance with that which is specifically authorized by approved applications and plans shall be deemed a violation of this chapter.

(Ord. No. 1553, 5-14-07)

A filing fee in such amount as established by general rule by the city council shall accompany each application for a zoning permit.

(Ord. No. 1553, 5-14-07)