In order to meet development needs while protecting the public welfare and safety, this article is intended to set forth the procedures for obtaining permits pursuant to this chapter.

(a)

Application process. The specific procedures required for reviewing various applications differ. Generally, the procedures for all applications have three (3) common elements: submittal of a complete application, including applicable information and payment of the required fee; review of the submittal by designated officials, commissions, and boards; and action to approve, approve with conditions, or deny the application. Submittal dates or filing deadlines are established by the requirements of the specific application.

(1)

Application materials: Current application materials shall be made available in the Department of Planning, Building and Development. Applications shall be accompanied by payment of all fees and charges as set forth in the fee schedule established by the City Council. Applications that require a public hearing or public meeting pursuant to this chapter or the Code of Virginia (1950), as amended, shall be filed by a deadline as established by the applicable commission or board.

(2)

Completeness review: The Zoning Administrator shall review any application filed pursuant to this chapter for completeness. Nonpayment of required fees shall deem an application incomplete. Prior to processing an application pursuant to this chapter, the applicant may be required to produce satisfactory evidence that any delinquent real estate taxes owed to the City have been paid.

(b)

Decision-making bodies. The bodies, officials, agents, and employees of the City, as set forth in Column (C) of Table 510-1, shall be designated as the body or official with authority to render a determination as to the approval, approval with conditions, or denial of the applications for development approval set forth in Column (A). The bodies, officials, agents, and employees of the City, as set forth in Column (B) of Table 510-1, are designated as the body or official with authority to submit a recommendation relating to the application for development approval to the body with final decision-making authority (the "Decision-Maker").

Table 510-1. Recommending and Decision-Making Bodies

(c)

Notice provisions.

(1)

Notice requirements shall be as prescribed in the Code of Virginia (1950), as amended, and as may be further prescribed in the individual subsections of this article.

(2)

The reviewing body may take any action on the application that is consistent with the notice given, including approval of the application, approval of the application as amended, or denial of the application. The reviewing body may allow amendments to the application if the effect of the amendments is to allow a lesser change than that requested on the original application or to reduce the impact of the development or to reduce the amount of land involved from that indicated in the notices of the hearing. The reviewing body shall not, in any case, permit a greater intensity of development, or a use falling in a different general use category, or a larger land area than indicated in the original application, or a greater variance than was indicated in the notice.

(d)

Public hearings. The purpose of a public hearing is to allow the applicant and all other interested parties a meaningful and fair opportunity to be heard, to present evidence relevant to the application, and to rebut evidence presented by others. All hearings under this section shall be open to the public and shall be conducted in an impartial manner. The conduct of a public hearing before the Planning Commission, the Board of Zoning Appeals, or the City Council shall be as set forth in the Code of Virginia (1950), as amended, and other applicable sections of this article. Where appropriate, additional rules governing the public hearing may apply, including the provisions of other chapters of this Code applicable to the body conducting the hearing and any of the body's adopted rules or procedures. The body conducting the hearing may adopt rules of procedure to limit the time for each presentation or each speaker. The body conducting the hearing shall record the minutes of the proceedings by any appropriate means as prescribed by rule and consistent with Virginia law.

(Ord. No. 37633, § 8, 11-20-06; Ord. No. 37984, § 5, 12-17-07)

Any person, including any officer or body of the City, aggrieved by a final administrative determination on a development permit or administrative development approval by the Zoning Administrator or final decision-maker may appeal such final determination to the appellate body designated by this article, if any, in the manner provided in this article.

The purpose of this division is to establish procedures for permits which do not require administrative or legislative notice, or a public hearing. A public hearing is not required for permits set forth in this division for one (1) or more of the following reasons:

(a)

Public hearings have already been conducted relating to the permit application, and the permit application procedure for a zoning permit or Certificate of Occupancy is designed to ensure that the proposed use complies with a previously approved subdivision plat, development plan, or conditional rezoning; or

(b)

The proposed use is permitted as of right in the applicable zoning district.

No development may be undertaken unless all applicable permits are issued in accordance with this chapter. At a minimum, no development may occur until a zoning permit has been obtained from the Zoning Administrator and a building permit is obtained from the Department of Planning, Building and Development.

(Ord. No. 37984, § 5, 12-17-07)

(a)

Applicability. The following activities require a zoning permit issued by the Zoning Administrator:

(1)

The erection, construction, placement, reconstruction, movement, relocation, modification, demolition, addition, or structural alteration of any structure requires a zoning permit issued by the Zoning Administrator, including installation of outdoor lighting, construction or creation of parking and loading areas, and installation of signs and the installation of required landscaping and screening; except that the following activities are exempt from the zoning permit requirement:

A.

Construction of accessory structures, walls, or swimming pools which are otherwise exempt from permit requirements pursuant to the Virginia Construction Code. (Ref. Sec. 108.2 Exemptions from application for permit);

B.

Construction of fences, arbors, and trellises;

(2)

The change of use of a property; or

(3)

Clearing, grading, or excavating that affects required dimensional and development standards associated with Article III, Article IV or Article VI of this chapter.

(b)

Procedures.

(1)

An application for a zoning permit shall be submitted to the Zoning Administrator prior to the issuance or consideration of issuance of any permit.

(2)

One (1) copy of the application and accompanying plans shall be returned to the applicant by the Zoning Administrator, after the Zoning Administrator shall have marked such copy as either approved, approved subject to conditions, or disapproved, and attested to the same by signature.

(3)

If a zoning permit is denied, reasons for the denial shall be stated upon the application.

(c)

Scope.

(1)

Zoning permits issued under the provisions of this chapter, on the basis of applications and plans approved by the Zoning Administrator, and other officials and bodies where additional approval is required, are deemed to authorize only the use, arrangement, location, and construction indicated in such approved plans and application, and no other. Any use, arrangement, location, or construction not in compliance with such authorization shall be deemed a violation of this chapter.

(2)

If the work described in any zoning permit has not begun within six (6) months from the date it was issued, or within the time limits established by a special exception or variance, the permit shall expire.

(A)

Upon written application submitted by the original applicant, or his successors in title or under law, within ninety (90) calendar days after the expiration of the original zoning permit, the Zoning Administrator may issue a new zoning permit for work other than that involving a variance or special exception, using the original application and plans, if in the opinion of the Zoning Administrator such original application and plans are still adequate. The Zoning Administrator may not issue a zoning permit extending time limits set by the Board of Zoning Appeals, except on specific order of the Board.

(B)

Failure of a person to apply for a new zoning permit within ninety (90) calendar days after expiration of the original zoning permit shall cause the Zoning Administrator to order such work on the premises involved as may be necessary to remedy conditions which would, in the opinion of the Zoning Administrator, cause imminent peril to life or property. The failure of any person who was the original applicant for a zoning permit, or who is the successor in title or under law to the original applicant, to do work ordered in such case shall be considered a violation of this chapter. In addition to other remedies and penalties, the Zoning Administrator may, in such cases, order such work done, with charges to be assessed, under procedures provided by law, against the property.

(d)

Issuance. Whenever a basic development plan or a comprehensive development plan is required, no zoning permit shall be issued until such development plan has been approved.

(Ord. No. 40088, § 1, 10-20-14; Ord. No. 41918, § 1, 11-16-20)

(a)

Applicability.

(1)

New or altered uses:

(A)

It shall be unlawful to use or occupy any structure or land, individually or in combination, in whole or in part, in which or on which a new use is created or an existing use is changed, converted, enlarged, or moved, until a Certificate of Occupancy is issued.

(B)

If a zoning permit was not obtained prior to the application for a Certificate of Occupancy, such certificate shall not be issued until approval has been obtained from the City Engineer, or his agent, for changes to or usage of publicly dedicated street rights-of-way.

(C)

A temporary Certificate of Occupancy may be issued by the Zoning Administrator for a period not exceeding six (6) months during alterations or partial occupancy of a structure pending completion, provided such temporary certificate may require such conditions and safeguards as will protect the safety of the occupants and the public.

(2)

Nonconforming uses: No person shall renew or resume after discontinuance or abandonment, or change, move, enlarge upon, expand, or extend, any nonconforming use of any land or structure, individually or in combination, in whole or in part, unless and until a Certificate of Occupancy for such use shall have been issued by the Zoning Administrator.

(b)

Procedures.

(1)

Application for a Certificate of Occupancy shall be made to the Zoning Administrator before any permit shall be issued for the erection, conversion, moving, or enlargement of any structure, or for the creation of a new use or change of use of any land or premises.

(2)

A Certificate of Occupancy shall be issued only upon completion of the work in conformity with the provisions of this chapter, after inspection by the Zoning Administrator indicates that the use and occupancy are in compliance with the application and the provisions of this chapter. Such application for new uses or altered uses shall require the approval by signature of the Zoning Administrator.

(3)

The Board of Zoning Appeals shall have the authority to and may, pursuant to the procedures provided in Section 36.2-561 for authorization of variances, upon appeal of an applicant to the Zoning Administrator for a Certificate of Occupancy for a nonconforming use, and upon showing made to the Board that the nonconforming use was existing on or prior to the effective date of this chapter, or prior to a subsequent amendment of this chapter making such use nonconforming, that it has not been discontinued for a period of time exceeding two (2) years after the aforesaid date, and that such use is not detrimental to the neighborhood, direct the issuance by the Zoning Administrator of a Certificate of Occupancy for such nonconforming use.

(c)

Scope. Certificates of Occupancy issued under the provisions of this chapter, on the basis of applications and plans approved by the Zoning Administrator, and other officials and bodies where additional approval is required, are deemed to authorize only the use, arrangement, location, and construction indicated in such approved plans and application, and no other. Any use, arrangement, location, or construction not in compliance with such authorization shall be deemed a violation of this chapter.

(d)

Records. The Zoning Administrator shall maintain a record of all Certificates of Occupancy, and a copy shall be furnished to any person on request.

(a)

Purpose. This section is designed to encourage the preservation and enhancement of the City's historic districts and encourage rehabilitation and new construction in conformance with the existing scale and character of the districts.

(b)

Applicability.

(1)

Within the H-1 or H-2 Overlay District, no structure or historic landmark shall be erected, reconstructed, altered, demolished, moved, or restored until a Certificate of Appropriateness has been issued by the Architectural Review Board or, on appeal, by the City Council.

(2)

No Certificate of Appropriateness shall be issued unless the Architectural Review Board, or the City Council on appeal, finds that the proposed erection, reconstruction, alteration, or restoration is architecturally compatible with the structures or historic landmarks in the applicable historic district.

(3)

Where a Certificate of Appropriateness is required by this section, the Zoning Administrator shall not issue a permit for the erection, reconstruction, alteration, restoration, demolition, or moving of any structure or historic landmark until such certificate has been issued. Once the permit has been issued, the work shall be routinely inspected to ensure compliance with the terms of the Certificate of Appropriateness.

(4)

Nothing in this section shall be construed to prevent the ordinary maintenance of any structure or historic landmark in the H-1 or H-2 Overlay District. For the purposes of this section, "ordinary maintenance" means any activity relating to a structure or landmark which constitutes a minor repair of any element of a structure or landmark which is, or should be, performed on a regular and relatively frequent basis to maintain architectural and structural integrity. The determination of whether an activity constitutes ordinary maintenance, or whether an installation or modification otherwise requires a Certificate of Appropriateness under this section, shall be made by the Zoning Administrator in consultation with the Agent to the Architectural Review Board.

(A)

In the H-1 Overlay District, painting shall be deemed ordinary maintenance, provided that the color of a structure is not changed; however, changing the color of paint or the painting of previously unpainted masonry surfaces shall require a Certificate of Appropriateness.

(B)

In the H-2 Overlay District, painting shall be deemed ordinary maintenance; however, painting of previously unpainted masonry surfaces shall require a Certificate of Appropriateness.

(C)

In the H-2 Overlay District, the replacement of porches, stairs, awnings, roofing materials, or windows, or other similar modifications to an element of a structure or landmark, shall be deemed ordinary maintenance, provided that such replacement is performed using materials that are of the same design as those on the structure or landmark, and provided that such replacement maintains the architectural defining features of the structure or landmark.

(5)

Nothing in this section shall be construed to prevent the demolition of a structure or historic landmark which the building maintenance code official certifies in writing is required for public safety because of an unsafe or dangerous condition.

(c)

Procedures.

(1)

The Architectural Review Board may authorize its Agent to issue any Certificate of Appropriateness. The Agent, pursuant to such delegation, shall act only upon an application completed pursuant to the applicable district regulations, and shall apply the same guidelines and review standards applicable to the Board. Any person aggrieved by any decision of the Agent made pursuant to this delegation may appeal to the Architectural Review Board by filing with the Board a notice of appeal specifying the grounds thereof within thirty (30) calendar days from when the decision is rendered by the Agent.

(2)

In order to be heard by the Architectural Review Board at its next regular meeting, a complete application for a Certificate of Appropriateness shall be made to the Secretary to the Board, on forms provided, in accordance with the rules adopted by the Architectural Review Board. In the event of an appeal pursuant to subsection (1), above, a notice of appeal shall be filed with the Secretary to the Board at least fifteen (15) business days prior to the next scheduled meeting.

(3)

The Architectural Review Board shall vote and announce its decision on any matter not later than fifteen (15) calendar days after the conclusion of the hearing on the matter unless the time is extended with the written consent of the applicant. The Board shall not reconsider any decision made by it, except as provided for in this section. Having once considered an application, the Board shall not hear substantially the same application for one (1) year.

(4)

Any property owner aggrieved by any decision of the Architectural Review Board may present to the City Council a petition appealing such decision, provided such petition is filed within thirty (30) calendar days after the decision is rendered by the Board. The City Council shall schedule the matter for a public meeting and render a decision on the matter within sixty (60) calendar days of the receipt of the petition, unless the property owner and the Agent to the Architectural Review Board agree to an extension. The City Council may affirm the decision of the Board, reverse or modify the Board's decision, in whole or in part, or refer the matter back to the Board.

(5)

Upon approval by the Architectural Review Board, or the City Council on appeal, of any erection, reconstruction, alteration, restoration, or demolition, a Certificate of Appropriateness shall be made available to the applicant.

(6)

In the event City Council denies an appeal of a decision of the Architectural Review Board, the applicant may file an appeal in Circuit Court pursuant to subsection (d), below.

(d)

Appeals from City Council decision. Any property owner aggrieved by any final decision of the City Council pursuant to this section may present to the Circuit Court of the City of Roanoke a petition setting forth the alleged illegality of the action of the City Council, provided such petition is filed within thirty (30) calendar days after the final decision is rendered by the City Council. The filing of such petition shall stay any action pursuant to the decision of the City Council pending the outcome of the appeal to the court, except that the filing of such petition shall not stay any action pursuant to the decision of the City Council if such decision denies the right to demolish a structure or historic landmark. The court may reverse or modify the decision of City Council, in whole or in part, if it finds upon review that the decision of the City Council is contrary to law or that its decision is arbitrary and constitutes an abuse of discretion, or the court may affirm the decision of the City Council.

(e)

Scope. A Certificate of Appropriateness is valid for a period of one (1) year from the date of the action of the Architectural Review Board or the City Council on appeal.

(f)

Demolition; offer to sell.

(1)

In addition to the right of appeal of the City Council's decision as set forth in Section 36.2-530(d), the owner of a structure or historic landmark within the H-1 or H-2 Overlay District, the demolition of which is subject to this section, shall have the right to demolish such structure or landmark provided that:

(A)

The property owner has applied to the City Council for such right; and

(B)

The owner has for the period of time set forth in the time schedule established in subsection (2) below, and at a price not more than its fair market value, made a bona fide offer to sell such structure or landmark and the land pertaining thereto, to the City, or to any person, firm, corporation, or government or agency thereof, which gives reasonable assurance that it is willing to preserve and restore the structure or landmark and the land pertaining thereto; and

(C)

No bona fide contract binding upon all parties thereto, shall have been executed for the sale of any such structure or landmark and the land pertaining thereto, prior to the expiration of the applicable time period set forth in the time schedule in subsection (2), below.

(2)

The time schedule for offers to sell shall be as follows:

(A)

Three (3) months when the offering price is less than twenty-five thousand dollars ($25,000.00);

(B)

Four (4) months when the offering price is twenty-five thousand dollars ($25,000.00) or more but less than forty thousand dollars ($40,000.00);

(C)

Five (5) months when the offering price is forty thousand dollars ($40,000.00) or more but less than fifty-five thousand dollars ($55,000.00);

(D)

Six (6) months when the offering price is fifty-five thousand dollars ($55,000.00) or more but less than seventy-five thousand dollars ($75,000.00);

(E)

Seven (7) months when the offering price is seventy-five thousand dollars ($75,000.00) or more but less than ninety thousand dollars ($90,000.00); and

(F)

Twelve (12) months when the offering price is ninety thousand dollars ($90,000.00) or more.

(3)

Before making a bona fide offer to sell, as provided above, an owner shall first file a statement with the Secretary to the Architectural Review Board identifying the property and stating the offering price, the date the offer of sale is to begin, and the name of the real estate agent. No time period as set forth in the schedule in subsection (2), above, shall begin to run until such statement has been filed. Within fourteen (14) business days of receipt of such statement, the Secretary to the Board shall distribute copies to the City Council, the Architectural Review Board, and the City Manager.

(4)

Such bona fide offer to sell, in accordance with the provisions of this section, must be made within one (1) year after a final decision by the City Council. If not, an owner must renew his request to the City Council to approve such demolition in order to demolish a structure or historic landmark.

(5)

Any appeal taken pursuant to Section 36.2-530(d), shall not affect the right of the owner of a structure or historic landmark to make the bona fide offer to sell referred to above.

(Ord. No. 37633, § 9, 11-20-06; Ord. No. 41370, § 1, 1-22-19)

(a)

Purpose. The purpose of this section is to establish procedures for initiating and processing applications to amend the provisions of this chapter and to amend the Official Zoning Map.

(b)

Applicability. Whenever the public necessity, convenience, general welfare, or good zoning practice requires, the City Council may by ordinance amend, supplement, or change this chapter, including the text and the Official Zoning Map. Any such amendment may be initiated by resolution of the City Council or by motion of the Planning Commission. An amendment to the Official Zoning Map may be initiated by application by 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.

(c)

Procedures; filing of application.

(1)

Prior to the filing of an application to amend the Official Zoning Map, the applicant shall meet with the Zoning Administrator to determine that all filing requirements have been met and that all information is correct.

(2)

An application for a zoning amendment shall be in writing on forms provided by the City, and filed with the Secretary to the Commission, accompanied by payment of all fees as set forth in the City of Roanoke's Fee Compendium as adopted by City Council in accordance with Section 15.2-107 of the Code of Virginia (1950), as amended.

(3)

An application for the rezoning of property shall include the following:

(A)

A description of the purpose for the requested zoning district classification and the proposed use of the property;

(B)

A concept plan outlining features of the proposed use of the property including buildings, parking, access, and similar features;

(C)

A map or maps of the area requested for rezoning;

(D)

Names, signatures, and addresses of the owner or owners of the lots or property included in the proposed change; and

(4)

Upon the filing of such application, and the payment of all applicable fees and charges, the Secretary to the Commission shall note the filing of the same and shall immediately transmit the application to the Planning Commission for study, report, and recommendation to the City Council, with a copy of such application mailed or delivered to the mayor and members of the City Council and to the Zoning Administrator.

(5)

Once City Council has considered an application, an applicant may not request consideration of substantially the same application for one (1) year. Nothing in this section shall be construed to limit City Council's ability to reconsider an application under Rule 10 of Section 2-15, Rules of procedure, of this Code.

(d)

Planning Commission action.

(1)

All proposed amendments to this chapter shall be submitted to the Planning Commission for consideration and recommendation. The Planning Commission shall study proposals to determine:

(A)

The need and justification for the change;

(B)

When pertaining to a change in the district classification of property, the effect of the change, if any, on the property and on the surrounding neighborhood;

(C)

When pertaining to a change in the district classification of property, the amount of undeveloped land in the general area and in the City having the same district classification as requested; and

(D)

The relationship of the proposed amendment to the purposes of the general planning program, with appropriate consideration as to whether the proposed change will further the purposes of this chapter and the City's Comprehensive Plan.

(2)

Prior to making recommendations on any proposed amendment to the provisions of this chapter or to the Official Zoning Map, the Planning Commission shall conduct a public hearing on such proposal, after notice of such hearing is given pursuant to Section 36.2-540(f).

(3)

Within sixty (60) calendar days from the date that any proposed amendment is referred to it (unless a longer period shall have been established by mutual agreement between the applicant and the Planning Commission inthe particular case), the Planning Commission shall submit its report and recommendation to the City Council. The recommendation of the Planning Commission shall be advisory only and shall not be binding on City Council. If the Planning Commission does not submit its report within the prescribed time, the City Council may proceed to act on the amendment, without further awaiting the recommendation of the Planning Commission.

(e)

City Council hearing. Prior to amending the provisions of this chapter or the Official Zoning Map, the City Council shall conduct a public hearing on such proposed amendment, after notice of such hearing is given pursuant to Section 36.2-540(f).

(f)

Notice of hearing. Prior to conducting any public hearing required by this chapter before the City Council or the Planning Commission, notice shall be given as required by Section 15.2-2204 of the Code of Virginia (1950), as amended. The expense of advertising shall be borne by the applicant. Fees for such advertisements shall be as set forth in the City of Roanoke's Fee Compendium and as adopted by City Council in accordance with Section 15.2-107 of the Code of Virginia (1950), as amended. Any affidavits required by Section 15.2-2204, Code of Virginia (1950), as amended, shall be filed with the City Clerk. In addition, and as a courtesy to the general public, at least ten (10) business days prior to the public hearing before the Planning Commission, the Zoning Administrator shall erect a sign indicating the zoning district requested, identification of the subject property, and the time, date, and place of such public hearing as set forth in the schedule below:

Failure by the zoning administrator to comply with the requirement of posting a sign on the subject property shall not be a ground for cancelling, rescheduling or continuing a public hearing at the request of any applicant or interested person or entity on any matter otherwise properly advertised for public hearing in accordance with Section 15.2-2204 of the Code of Virginia (1950), as amended. No decision or recommendation by either the Planning Commission for the City of Roanoke, the City Council for the City of Roanoke or the Board of Zoning Appeals for the City of Roanoke shall be subject to challenge solely on the ground that the zoning administrator failed to comply with the requirement of posting a sign on the subject property.

(g)

Amendment after hearing; City Council action. After the City Council has held a public hearing, it may make appropriate changes or corrections in the proposed amendment and proceed to act without holding a hearing on the proposed amendment in its new form. The City Council shall decide whether to approve or to deny an application to amend the provisions of this chapter or the Official Zoning Map.

(Ord. No. 40088, § 1, 10-20-14; Ord. No. 40296, § 1, 7-6-15; Ord. No. 40710, § 1, 12-5-16)

(a)

Purpose. The purpose of this section is to implement conditional rezoning authority pursuant to Section 15.2-2296 of the Code of Virginia (1950), as amended, in order to provide for the orderly development of land in a manner that provides for a more flexible and adaptable zoning method to permit differing land uses and at the same time to recognize effects of change. It is the purpose of conditional rezoning to provide a flexible and adaptable zoning method to cope with situations whereby a zoning classification may be allowed subject to certain conditions proffered by the applicant for the protection of the community that are not generally applicable to land similarly zoned.

(b)

Applicability. Conditional rezonings may be granted pursuant to the provisions of Sections 15.2-2296 through 15.2-2302, Code of Virginia (1950), as amended. A conditional rezoning may be initiated only by application 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. The owner must sign such application if conditions are proffered.

(c)

Procedures. The procedures for the filing and approval of a conditional rezoning shall be the same as the procedures to amend the Official Zoning Map as set forth in Section 36.2-540, subsections (c) through (f), except as otherwise provided in this section. The acceptance of proffers or other conditions, enforcement, recordation, amendments, and variations of conditions, shall be as set forth in the provisions of Sections 15.2-2296 through 15.2-2303, Code of Virginia (1950), as amended. Procedures specifically applicable to a request for a conditional rezoning shall be as follows:

(1)

The owners of property for which an application is being made for an amendment to the Official Zoning Map may, as part of the application, voluntarily proffer, in writing, reasonable conditions which shall be in addition to the regulations of the zoning district classification requested by the application. Any conditions proffered by application of a property owner shall be drafted in such a way that they are clearly understood and enforceable and shall adhere to the following standards:

(A)

The rezoning itself must give rise for the need for the conditions;

(B)

The conditions shall have a reasonable relation to the rezoning;

(C)

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

(D)

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 in Section 15.2-2241, Code of Virginia (1950), as amended;

(E)

The conditions shall not include a requirement that the applicant create a property owners' association under Chapter 26 (Section 55-508 et seq.) of Title 55, Code of Virginia (1950), as amended;

(F)

The conditions shall not include payment for or construction of off-site improvements except those provided for in Section 15.2-2241, Code of Virginia (1950), as amended;

(G)

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

(H)

All such conditions shall be in conformity with the City's Comprehensive Plan.

(2)

Such conditions may be proffered prior to the public hearing before the Planning Commission. Alternatively, or in addition, in consideration of comments expressed during the Commission deliberations on an application, the property owner may, prior to the final public hearing conducted by the City Council, choose to proffer original conditions or revised conditions. The City Council may also accept amended proffers once the public hearing has begun if the amended proffers do not materially affect the overall proposal.

(d)

Approval criteria. The decision as to whether to accept a condition or a proffer shall be considered a legislative decision, and shall be committed to the sole discretion of the City Council subject to any criteria set forth in the applicable provisions of Sections 15.2-2296 through 15.2-2302, Code of Virginia (1950), as amended, or any other applicable provision of state or federal law.

(e)

Scope of approval.

(1)

Proffered conditions shall be considered supplemental to and in addition to the provisions contained elsewhere in this chapter or other City ordinances and shall not authorize less than full compliance with all other applicable provisions of this chapter.

(2)

Once proffered and accepted by the City Council as part of an amendment to the Official Zoning Map, such conditions shall continue in full force and effect until a subsequent amendment changes such conditions or the zoning on the property covered by the conditions; however, the conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance.

(3)

Conditions once proffered and accepted by the City Council shall immediately become effective with approval of the application to amend the Official Zoning Map. Upon approval, any development plan, subdivision plat, or development plan submitted for the development of the property in question shall be in conformance with all proffered conditions, and no development shall be approved by any City official in the absence of such conformance.

(f)

Recording of conditions. The Official Zoning Map shall show by an appropriate symbol on the map the existence of conditions attached to the zoning district designation on the map. The Zoning Administrator shall keep in the Department of Planning, Building and Development and make available for public inspection a conditional zoning index. Such index shall provide ready access to each ordinance creating such conditions. The index shall also provide ready access to all proffered cash payments and expenditures disclosure reports prepared by the City Council pursuant to Section 15.2-2303.2, Code of Virginia (1950), as amended. The Zoning Administrator shall update the index annually and no later than November of each year.

(g)

Enforcement of conditions.

(1)

Failure to meet all conditions of a conditional rezoning shall constitute cause to deny the issuance of any required permit or certificate, as may be appropriate, and to seek such remedy as provided under the terms of this chapter. The Zoning Administrator (See Section 15.2-2286.4, Code of Virginia, 1950, as amended) shall be vested with all necessary authority on behalf of the City Council to administer and enforce such conditions as may be attached to an amendment of the Official Zoning Map, including:

(A)

The ordering in writing of the remedy of any noncompliance with such conditions;

(B)

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

(C)

Requiring a guarantee, satisfactory to the City Council, in an amount sufficient for and 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 shall be reduced or released by the Zoning Administrator upon the submission of satisfactory evidence that construction of such improvements has been completed in whole or in part.

(2)

Any zoning applicant or any other person who is aggrieved by a decision of the Zoning Administrator made pursuant to the provisions of subsection (1), above, may petition the City Council for review of the decision of the Zoning Administrator. All petitions for review shall be filed with the Zoning Administrator and the City Clerk within thirty (30) calendar days from the date of the decision for which review is sought and shall specify the grounds upon which the petitioner is aggrieved.

(h)

Amendment of conditions. Amendment of conditions created pursuant to this section shall be made only as an original application for amendment to the zoning ordinance, pursuant to the procedures set forth in this division including public notice and hearing.

(Ord. No. 37633, § 10, 11-20-06; Ord. No. 37984, § 5, 12-17-07)

The purpose of the development plan regulations is to ensure compliance with the general purposes of this chapter and the City's Comprehensive Plan. The development plan regulations are intended to maintain or enhance the character and integrity of residential neighborhoods and commercial and industrial areas by promoting excellence of development, preventing traffic hazards or congestion, preventing undue land or site hazards, and encouraging the most appropriate development and use of land in harmony with the neighborhood.

(a)

Applicability.

(1)

All applications for a zoning permit required pursuant to Section 36.2-522 shall be accompanied by a basic or comprehensive development plan.

(2)

A development plan is intended to represent graphically all components of a proposed development required for review pursuant to this division. Development plans may include, where necessary, written data or computations and additional plans or drawings necessary to explain clearly the proposed development.

(b)

Combination of lots. When a basic or comprehensive development plan involves multiple lots of record, internal lot lines shall be vacated, relocated, or otherwise altered as a part of an otherwise valid and properly recorded plat of subdivision or resubdivision to create a single lot of record. This requirement may be waived by the Zoning Administrator whenever a new building is not being erected across a lot line, and the new construction consists entirely of a fence, a ramp for handicap accessibility, an addition to an existing one (1) or two (2) dwelling building, or an accessory structure whenever the existing dwelling or accessory structure is already located on a lot line.

(c)

Pre-application meeting. Prior to a formal submission of a development plan for review and approval, the applicant should meet with the Zoning Administrator to determine whether a basic or comprehensive development plan is required and what information must be provided.

(d)

General review guidelines. Review of a development plan shall entail consideration of all aspects of the proposed development necessary to carry out the intent of this division and shall include a review of:

(1)

The compatibility of the development with its environment and provision for such things as grading, screening, buffering, lighting, and landscaping;

(2)

The ability of the development to provide for parking areas and the convenient and safe internal and external movement of vehicles and pedestrians; and

(3)

The location and adequacy of necessary drainage, storm water management, sewage, utilities, and erosion and sediment control measures.

(e)

Scope of approval.

(1)

Upon receipt of an approved and signed copy of the development plan, and provided that all other requirements of this chapter have been met, the Zoning Administrator shall issue a zoning permit to the applicant.

(2)

An approved basic or comprehensive development plan shall expire and be null and void unless a building permit has been issued or use of the land has commenced within five (5) years from the date of approval. Upon request, revalidation of the development plan may be granted for an additional six (6) months if all factors of the original development plan review are the same, provided that written notice requesting revalidation shall be received by the Zoning Administrator prior to expiration of the original five-year period.

(f)

Building permits and Certificates of Occupancy. All building permits and Certificates of Occupancy shall require compliance with the provisions of the approved basic or comprehensive development plan.

(g)

Phasing. In order to enforce compliance with permit conditions, a development plan may be approved in phases, subject to a condition that building permits and Certificates of Occupancy in a phase of the development may be withheld subject to compliance with permit conditions in a prior phase.

(h)

If the development requires the installation of public improvements, such as street dedication, utilities, stormwater facilities, erosion and sediment and control measures, or any public improvements, any one (1) or more of the documents set forth below may be required. In all such instances of the need to submit any one (1) or more of the agreements and/or guarantees below, the preparer of the comprehensive development plan shall submit a schedule of cost estimates in unit quantities, with totals, for all proposed public improvements, erosion and sediment controls practices, and stormwater management measures, as part of the comprehensive development plan submittal.

(1)

Development agreement between the developer and the City, guaranteeing the satisfactory installation of the improvements or erosion and sediment control measures;

(2)

Performance guarantee in the amount of one hundred and ten (110) percent the cost estimated for the installation of such improvements or erosion and sediment control measures; and

(3)

Maintenance agreement between the developer and/or owners of the property and the City providing for future maintenance of certain privately owned stormwater management facilities.

(Ord. No. 39495, § 1, 9-4-12; Ord. No. 40088, § 1, 10-20-14; Ord. No. 42902, § 1, 3-18-24; Ord. No. 43049, § 1, 9-16-24)

(a)

Applicability. A basic development plan shall be submitted as part of a zoning permit application for the following activities:

(1)

Construction of, reconstruction of, relocation of, or addition to a one (1) or two (2) dwelling building or permitted accessory structure and including associated grading and clearing, where such grading and clearing does not involve adjoining lots; or,

(2)

Construction of, reconstruction of, relocation of, or addition to a one (1) or two (2) dwelling building permitted accessory structure and including associated grading and clearing, on any lot within a subdivision with a valid subdivision site plan; or

(3)

Establishment, relocation or expansion of a community garden, including construction, reconstruction or moving of an accessory structure and associated grading and clearing; or

(4)

Construction of any structure, parking, or other impervious surface during which less than two thousand five hundred (2,500) square feet of area will be disturbed.

(b)

Filing of plan. The applicant shall file a basic development plan with the Zoning Administrator, pursuant to the submittal requirements of Section B-1, Appendix B. The Zoning Administrator may authorize the omission of certain elements of a basic development plan when such information is not necessary to determine compliance with applicable development regulations.

(c)

Decision. The Zoning Administrator shall approve or deny a basic development plan within ten (10) business days. In the case of denial, the Zoning Administrator shall inform the applicant, in writing, of the reasons for denial.

(d)

Approval criteria. Any basic development plan shall comply with all applicable requirements of this chapter.

(e)

Amendment of plan. If it becomes necessary for an approved basic development plan to be changed, such changes may be made with the approval of the Zoning Administrator.

(Ord. No. 37984, § 5, 12-17-07; Ord. No. 39495, § 1, 9-4-12; Ord. No. 40088, § 1, 10-20-14; Ord. No. 41173, § 1, 6-18-18; Ord. No. 41817, § 1, 7-20-20; Ord. No. 42902, § 1, 3-18-24; Ord. No. 43049, § 1, 9-16-24)

(a)

Applicability. A comprehensive development plan shall be submitted with all zoning permit applications, except where a basic development plan is required pursuant to Section 36.2-552.

(b)

Filing of plan. The applicant shall file a comprehensive development plan with the Zoning Administrator. Such comprehensive development plan shall be prepared in a clear and legible manner, shall be drawn to scale, and shall comply with the submittal requirements of Section B-2, Appendix B. The Zoning Administrator may authorize the omission of certain elements of a comprehensive development plan when such information is not necessary to determine compliance with applicable development regulations. The comprehensive development plan shall be referred to the agent to the Planning Commission for review and approval in accordance with subsections (c) and (d), below.

(c)

Decision.

(1)

The Agent to the Planning Commission shall approve or disapprove all comprehensive development plans, except as set out in Section 36.2-553(c)(2).

(A)

The Agent shall process and coordinate the review of comprehensive development plans with the City Engineer, other applicable departments, and the Western Virginia Water Authority.

(B)

Within twelve (12) business days after the initial submittal or resubmittal of a comprehensive development plan, the Agent shall notify the applicant or his representative, in writing, that:

(i)

The information is incomplete and the review of the plan will not begin until all required information is submitted; or

(ii)

The development plan is complete and review of the plan will commence.

(C)

Within twelve (12) business days after the initial submittal of a comprehensive development plan is deemed complete, or receipt of a resubmittal of a comprehensive development plan, the Agent shall notify the applicant or the applicant's representative in writing that:

(i)

The information on the development plan is incomplete, in error, or lacking in detail, and delineate the additional information required or necessary revisions; or

(ii)

The development plan is sufficient in required information and accuracy and has been reviewed and approved.

(2)

The Agent to the Planning Commission, the applicant, or the Planning Commission may request that a comprehensive development plan be reviewed and approved by the Planning Commission.

(A)

If such request is made by the Agent or the Planning Commission, the Agent to the Planning Commission shall notify the applicant, in writing, within fifteen (15) calendar days of submission or resubmission of a comprehensive development plan that the development plan must be reviewed by the Planning Commission at its next regularly scheduled meeting.

(B)

All required plans and information to be submitted to the Planning Commission shall be submitted at least ten (10) business days prior to the scheduled meeting of the Commission. The Agent may prepare a report outlining the various and particular aspects of the plan, with recommendations for the Planning Commission's consideration.

(C)

The Agent shall inform the applicant, in writing, of the Planning Commission's decision. If the Commission's decision necessitates revision of the development plan, the applicant shall submit ten (10) copies of the revised development plan to the Agent for final approval.

(3)

All approved comprehensive development plans shall be signed by the Agent to the Planning Commission, the Zoning Administrator, and the City Development Engineer.

(d)

Approval criteria.

(1)

The comprehensive development plan shall comply with all applicable requirements of this chapter.

(2)

Where erosion and sediment controls for the development are required by the provisions of Chapter 11.1, Erosion and Sediment Control, of this Code, an erosion and sediment control plan shall be implemented. The design of all drainage improvements shall conform to Chapter 11.4, Stormwater Management, of this Code.

(e)

Amendment of plan. If it becomes necessary for an approved comprehensive development plan to be changed, such changes may be made with the approval of the Zoning Administrator, the Agent to the Planning Commission, and the City Development Engineer. If a proposed change will, in the opinion of the Zoning Administrator, the Agent to the Planning Commission, or the City Development Engineer, substantially affect the terms of the original approval, a new plan may be required to be drawn and submitted for review and action in accordance with the provisions of this chapter.

(Ord. No. 37633, § 11, 11-20-06; Ord. No. 37984, § 5, 12-17-07; Ord. No. 39495, § 1, 9-4-12; Ord. No. 41817, § 1, 7-20-20)

(a)

Applicability. The Board of Zoning Appeals shall have the power to hear and decide on applications for such special exceptions as may be authorized by this chapter.

(b)

Procedures.

(1)

Applications for special exceptions may be made by any property owner, tenant, government official, department, board, or bureau. Such application shall be filed with the Zoning Administrator in accordance with rules adopted by the Board of Zoning Appeals. Upon receipt of a complete application for a special exception, the Board of Zoning Appeals shall hold a public hearing after giving notice as provided in Section 15.2-2204, Code of Virginia (1950), 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 addition to meeting the requirements of Section 15.2-2204, and as a courtesy to the general public, the Zoning Administrator shall erect a sign indicating the nature of the special exception requested, identification of the subject property, and the time, date, and place of such public hearing at least ten (10) business days prior to the public hearing before the Board of Zoning Appeals. Failure by the Zoning Administrator to comply with the requirement of posting a sign on the subject property shall not be a ground for cancelling, rescheduling or continuing a public hearing at the request of any applicant or interested person or entity on any matter otherwise properly advertised for public hearing in accordance with Section 15.2-2204 of the Code of Virginia (1950), as amended. No decision or recommendation by either the Planning Commission for the City of Roanoke, the City Council for the City of Roanoke or the Board of Zoning Appeals for the City of Roanoke shall be subject to challenge solely on the ground that the zoning administrator failed to comply with the requirement of posting a sign on the subject property. The expense of legal advertisement required by Section 15.2-2204 shall be borne by the applicant. Fees for such advertisements shall be as set forth in the City of Roanoke's Fee Compendium and as adopted by City Council in accordance with Section 15.2-107 of the Code of Virginia (1950), as amended.

(2)

Once the Board considers and renders a decision on an application for a special exception, the Board shall not consider substantially the same request within one (1) year, except when such decision is the subject of a motion to rehear. Any such motion to rehear shall be in accordance with rules adopted by the Board of Zoning Appeals.

(c)

Standards. In considering an application for a special exception, the Board of Zoning Appeals shall determine the appropriateness of the application based on the following standards:

(1)

The use is compatible with the character and appearance of the surrounding neighborhood by virtue of its height, bulk, location on the lot, and the design and location of parking, signage, landscaping, and other outside activities or structures;

(2)

The use does not create a demand on public water or sanitary sewer services that exceeds the design capacity of these systems or that would in any way decrease the quality of service to the surrounding neighborhood;

(3)

The use does not generate traffic on public streets that exceeds the design capacity of such streets and does not create a dangerous traffic problem by virtue of driveway location, site clearance, driveway slope, or other factor;

(4)

The use does not increase the flood potential in the surrounding neighborhood;

(5)

The use is in conformance with the setback, yard, frontage, lot area, parking, signage, screening, shading, and other applicable requirements of this chapter as they pertain to the district in which the use is located or to the specific use, whichever the case may be; and

(6)

The use furthers the intent of the City's Comprehensive Plan.

(d)

Scope of approval.

(1)

In authorizing a special exception, the Board of Zoning Appeals may impose such conditions relating to the use for which a permit is granted as it may deem necessary in the public interest, including limiting the duration of a permit, and may require a guarantee to ensure compliance with the conditions imposed.

(2)

Construction shall begin or the use of land for which a special exception has been obtained shall commence within twelve (12) months from the effective date of such permit; otherwise, such permit shall be void.

(3)

In the event that the use allowed by a special exception is discontinued for a period of two (2) consecutive years, the special exception permit shall become void.

(e)

Revocation.

(1)

The Board of Zoning Appeals may revoke a special exception previously granted if the Board determines that there has not been compliance with the terms or conditions of the permit. No special exception may be revoked except after notice and hearing as provided by Section 15.2-2204, Code of Virginia (1950), 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.

(2)

A decision to revoke a special exception shall become final thirty (30) calendar days after the date the decision is rendered, unless appealed. After such effective date of revocation, any activities continuing pursuant to such permit shall be deemed to be in violation of this chapter.

(3)

The right to revoke a special exception permit, as provided in this subsection, shall be cumulative to any other remedy allowed by law.

(Ord. No. 39495, § 1, 9-4-12; Ord. No. 40296, § 1, 7-6-15)

(a)

Applicability. The Board of Zoning Appeals shall have the power to authorize, upon appeal or original application in specific cases, variances from the terms of this chapter, pursuant to the procedures and standards set forth in this section.

(b)

Procedures.

(1)

Applications for variances may be made by any property owner, tenant, government official, department, board, or bureau. Such application for a variance shall be filed with the Zoning Administrator. Upon receipt of a complete application for a variance, the Board of Zoning Appeals shall hold a public hearing after giving notice as provided in Section 15.2-2204, Code of Virginia (1950), 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. No variance shall be considered except after such appeal, notice, and public hearing. The expense of legal advertisement shall be borne by the applicant. Fees for such advertisements shall be as set forth in the City of Roanoke's Fee Compendium and as adopted by City Council in accordance with Section 15.2-107 of the Code of Virginia (1950), as amended.

(2)

During such public hearing, the chair of the Board of Zoning Appeals, or the acting chair in the absence of the chair, may administer oaths and compel the attendance of witnesses. The Board of Zoning Appeals shall keep recordings, transcripts, minutes, or other records of its proceedings on variances sufficient to make possible court determinations on appeal as to the validity of its findings and its reasons therefor. Such minutes and records of official actions shall be filed in the office of the Zoning Administrator and shall be public records.

(3)

Following the close of the public hearing, the Board of Zoning Appeals shall render a decision, denying or granting with or without conditions the variance, pursuant to the standards and procedures set forth in Section 36.2-561(c), (d), and (e). The concurring vote of four (4) members of the Board of Zoning Appeals shall be necessary to effect any variance from this chapter.

(4)

Once the Board considers and renders a decision on a variance, the Board shall not consider substantially the same request for one (1) year, except when such decision is the subject of a motion to rehear. Any such motion to rehear shall be in accordance with rules adopted by the Board of Zoning Appeals.

(c)

Standards for considering a variance. Notwithstanding any other provision of law, general or special, a variance shall be granted 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 practicable 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 exception process or the process for modification of a zoning ordinance at the time of the filing of the variance application.

(d)

Conditions and guarantees. In granting 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.

(e)

Conforming status. Notwithstanding any other provision of law, general or special, the property upon which a property owner has been granted a variance shall be treated as conforming for all purposes under state law and the zoning ordinance; however, the structure permitted by the variance may not be expanded unless the expansion is within an area of the site or part of the structure for which no variance is required under the Zoning Ordinance. Where the expansion is proposed within an area of the site or part of the structure for which a variance is required, the approval of an additional variance shall be required.

(Ord. No. 37633, § 12, 11-20-06; Ord. No. 38554, § 1, 7-20-09; Ord. No. 40088, § 1, 10-20-14; Ord. No. 40296, § 1, 7-6-15)

(a)

Applicability. The Board of Zoning Appeals shall have the power to hear and decide appeals from any order, requirement, decision, or determination made by the Zoning Administrator in the administration or enforcement of this chapter, except as provided in Section 36.2-541(g)(2).

(b)

Procedures.

(1)

An appeal to the Board of Zoning Appeals may be taken by any person aggrieved or by any officer, department, board, or bureau of the City affected by any decision of the Zoning Administrator. Such notice of appeal, specifying the grounds thereof, shall be filed with the Board within thirty (30) calendar days after the date of the decision for which the appeal is filed. If not appealed within thirty (30) calendar days, the decision shall be final and unappealable. Upon notice of appeal, the Zoning Administrator shall transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

(2)

An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Board, after the notice of appeal shall have been filed, that by reason of facts stated in writing to the Board, a stay would, in the Zoning Administrator's opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order granted by the Circuit Court upon notice to the Board and to the Zoning Administrator, and for due cause shown.

(3)

Upon receipt of a notice of appeal, the Board of Zoning Appeals shall fix a reasonable time for the hearing of the appeal and make its decision within ninety (90) calendar days of the filing of the appeal. Notice of the public hearing shall be given as provided by Section 15.2-2204, Code of Virginia (1950), 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. Fees for such advertisements shall be as set forth in the City of Roanoke's Fee Compendium and as adopted by City Council in accordance with Section 15.2-107 of the Code of Virginia (1950), as amended.

(4)

Following the hearing, the Board of Zoning Appeals shall render a decision on the appeal. Such decision may reverse or affirm, wholly or partly, or may modify the appealed order, requirement, decision, or determination of the Zoning Administrator. The concurring vote of four (4) members of the Board of Zoning Appeals shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Administrator. The Board shall keep minutes of its proceedings and other official actions which shall be filed in the office of the Zoning Administrator and shall be public records. The Chair of the Board, or the acting Chair in the absence of the Chair, may administer oaths and compel the attendance of witnesses.

(5)

Once the Board considers and renders a decision on an appeal, the Board shall not consider substantially the same request for one (1) year, except when such decision is the subject of a motion to rehear. Any such motion to rehear shall be in accordance with rules adopted by the Board of Zoning Appeals.

(c)

Standards. The decision on such appeal of any order, requirement, decision, or determination made by the Zoning Administrator in the administration or enforcement of this chapter shall be based on the Board's judgment of whether the Zoning Administrator was correct. The Board shall consider the purpose and intent of any applicable ordinances, laws, and regulations in making its decision.

(Ord. No. 40296, § 1, 7-6-15)

(a)

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 City, may file with the Clerk of the Circuit Court for the City a petition specifying the grounds on which aggrieved within thirty (30) calendar days after the final decision of the Board.

(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 evidence as it may direct and report the evidence to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

(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 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.

(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 evidence as it may direct and report the evidence to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

(e)

In the case of an appeal from the Board of Zoning Appeals to the Circuit Court of an order, requirement, decision, or determination of the 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. The court shall hear any arguments on questions of law de novo.

(f)

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.

(g)

In the case of an appeal by a person of any decision of the Board of Zoning Appeals that denied or granted application for a special exception, the decision of the Board of Zoning Appeals shall be presumed to be correct. The petitioner may rebut that presumption by showing to the satisfaction of the court that the Board of Zoning Appeals applied erroneous principles of law, or where the discretion of the Board of Zoning Appeals is involved, the decision of the Board of Zoning Appeals was plainly wrong, was in violation of the purpose and intent of the Zoning Ordinance, and is not fairly debatable.

(h)

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

(Ord. No. 37633, § 12, 11-20-06; Ord. No. 40296, § 1, 7-6-15)

The purpose of this division is to ensure that this chapter is observed when development occurs. This division provides remedies for the City when violations occur and implements the policy of the Comprehensive Plan to increase compliance with zoning regulations.

(a)

Generally.

(1)

The Zoning Administrator shall enforce the requirements of this chapter. The remedies provided in this division for violations of any provision of this chapter, or regulation adopted pursuant to this chapter, shall be cumulative and shall be in addition to any other remedy provided by law. Except as otherwise provided in this chapter, any development or use initiated after adoption of this chapter, or maintained in violation of this chapter, which is not in compliance with this chapter is prohibited and is referred to as an unlawful development or use.

(2)

Whenever the Zoning Administrator receives a complaint alleging a violation of this chapter, the Zoning Administrator shall investigate the complaint and take such action as is warranted in accordance with the provisions set forth in this section.

(3)

The Zoning Administrator may present sworn testimony to a magistrate, and if such sworn testimony establishes probable cause that a zoning violation has occurred, the Zoning Administrator or agent may request that the magistrate grant the zoning administrator or agent an inspection warrant to enable the Zoning Administrator or agent to enter the subject dwelling for the purpose of determining whether violations of the zoning ordinance exist.

(4)

The Zoning Administrator shall make a reasonable effort to obtain consent from the owner or tenant of the subject dwelling prior to seeking the issuance of an inspection warrant under this section.

(b)

Procedures upon discovery of violation. If the Zoning Administrator finds that any provision of this chapter is being violated, the Zoning Administrator shall provide a written notice to the owner or the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it.

(c)

Penalties.

(1)

Violating, causing, or permitting the violation of, or failure to comply with any of the requirements of, this chapter, including violations of any conditions established in connection with grants of variances, conditional rezonings, special exceptions, or the issuance of zoning permits or development plan approval, by any person, firm, or corporation, whether as principal, agent, owner, lessee, employee, or other similar position, shall be unlawful and is subject to the following:

(A)

Criminal sanctions: Any violation shall be a misdemeanor punishable, upon conviction, as provided in Section 15.2-2286.A.5, Code of Virginia (1950), as amended.

(B)

Injunctive relief: Any violation or attempted violation of this chapter may be restrained, corrected, or abated, as the case may be, by injunction or other appropriate proceeding for relief, alone or in conjunction with any criminal action.

(2)

Each day that any violation continues after notification by the Zoning Administrator shall be considered a separate offense for purposes of the penalties and remedies specified in this section.

(d)

Revocation of permit or approval.

(1)

This section shall apply to any situation where the applicant has supplied materially misleading information relating to the approval of a permit issued by the Zoning Administrator.

(2)

If the Zoning Administrator determines that there are reasonable grounds for revocation of a development permit or approval, the Zoning Administrator shall notify the permit holder in writing. Such notice shall inform the permit holder of the alleged grounds for the revocation and shall include specific reasons or findings of fact that support the revocation. Revocation of a permit by the Zoning Administrator may be appealed to the Board of Zoning Appeals as set forth in Section 36.2-562.

(3)

A decision to revoke a development permit shall become final thirty (30) calendar days after the date the decision is rendered, unless appealed. After such effective date of revocation, any activities continuing pursuant to such permit shall be deemed to be in violation of this chapter.

(4)

The right to revoke a development permit, as provided in this section, shall be cumulative to any other remedy allowed by law.

(Ord. No. 38237, § 4, 9-15-08; Ord. No. 40296, § 1, 7-6-15)