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

(P.C. Ord. No. 14-03, 9-24-14)

(a)

The specific procedures required for reviewing various applications differ. Generally, the procedures for all applications have three (3) common elements:

(1)

Submittal of a complete application, including applicable information and payment of the required fee;

(2)

Review of the submittal by designated officials, commissions, and board of supervisors; and

(3)

Action to approve, approve with conditions, or deny the application.

(b)

Submittal dates or filing deadlines are specific to the type of application.

(c)

Application.

(1)

Current application materials shall be made available in the office of the zoning administrator and on the county's website.

(2)

Applications not initiated by the planning commission or the board of supervisors shall be accompanied by payment of a fee as set forth in article XI of this chapter.

(3)

Upon withdrawal of an application, the fee required will be refunded provided no expenditures have been made for publicizing or conducting the public hearing at the time the notice is received.

(4)

Upon submission, the zoning administrator shall review any application filed pursuant to this chapter for completeness.

(5)

Nonpayment of required fees shall deem an application incomplete.

(d)

Prior to processing an application pursuant to this chapter, the applicant shall be required to pay any delinquent real estate taxes owed to the county on the subject property.

(e)

Prior to final subdivision, site plan, or permit approval, the applicant may be required to disclose any contamination and other adverse environmental conditions of the subject property and produce satisfactory evidence of remediation of such.

(f)

Prior to the issuance of a building permit, the developer shall provide a secured performance bond in accordance with the Rockingham County Bonding Policy to cover the costs of all improvements required by a special use permit, rezoning, variance, plan, or plat. The following shall apply to structures that are required to have a foundation or footer inspection prior to proceeding with construction above the foundation, slab, or piers. The foundation survey is a requirement of the construction process to ensure that structures outlined herein are located to meet all setbacks.

(1)

The foundation survey shall be prepared by a certified land surveyor licensed to practice in the Commonwealth of Virginia.

(2)

The foundation survey shall be prepared after the footer or foundation has been inspected and approved by the building inspector.

(3)

The foundation survey shall document the location of the foundation, slab, or piers relative to property lines to confirm that the construction complies with setback regulations.

(4)

Foundation surveys shall show all overhanging roofs, eaves, sills, cornices, buttresses, gutters, ornamental features, chimneys, flues, protective hoods overhanging projections, landings, decks, balconies, patios, stoops, and steps.

(5)

Construction above the foundation, slab, or pier shall not commence until the survey has been approved.

(6)

In the event the survey reveals the construction does not meet setback regulations and the adjoining property is also owned by the applicant, the construction may proceed pending the submission and approval of a deed vacating or altering the subject property line. The final inspection of the construction shall be withheld until the deed has been approved and recorded.

(7)

Foundation survey shall be obtained for the following structures:

a.

Located on parcels one (1) acre or smaller:

1.

New dwellings, businesses, or other primary structures.

2.

Additions to primary structures, remodeling to enclose open portions of dwellings, businesses, or other primary structures.

3.

New accessory structures larger than five hundred eighty (580) square feet.

4.

Additions to accessory buildings that would result in final building size of more than five hundred eighty (580) square feet.

b.

Located in manufactured home parks established after 1995 when the requirement for platted lots was adopted:

1.

Manufactured homes.

2.

Decks larger than four (4) feet by four (4) feet.

3.

Additions larger than four (4) feet by four (4) feet.

c.

The following exceptions to the foundation survey requirement are:

1.

For a new structure or an addition to an existing structure on a tract of land that has a valid survey and a certified land surveyor confirms by letter that the foundation is more than sixty (60) feet from all property lines.

2.

For additions to existing structures, or enclosure of unenclosed porches, decks, etc, the survey requirement may be waived if the applicant can demonstrate compliance with setbacks and open yard area requirements by a previous survey or other means deemed reasonable and satisfactory by the county.

3.

Open-sided structures not on a permanent foundation (i.e., metal carports).

4.

Valid nonconforming manufactured home parks established prior to 1995 without platted lots.

(P.C. Ord. No. 14-03, 9-24-14)

(a)

When notice is required as a part of the application process, notice requirements shall be as prescribed in the Section 15.2-2204 of the Code of Virginia, and as may be further prescribed in the individual subsections of this article.

(b)

The public notice shall state the general description of the proposed amendment.

(c)

Following the required public hearing(s), 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.

(1)

The reviewing body may allow amendments to the application if the effect of the amendments is to clarify the proposal, 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 public hearing.

(2)

The reviewing body shall not, in any case, permit a greater intensity of development, or a use falling under 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.

(P.C. Ord. No. 14-03, 9-24-14)

(a)

In cases where a public hearing is required as part of the application process, public hearings before the board of zoning appeals, the planning commission, or the board of supervisors shall be as set forth in the Code of Virginia and other applicable sections of this article.

(b)

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.

(c)

All hearings under this article shall be open to the public and shall be conducted in an impartial manner.

(d)

Where appropriate, additional rules governing the public hearing may apply, including the provisions of other chapters of the Code of Virginia applicable to the reviewing body conducting the public hearing and any of the reviewing body's adopted rules or procedures.

(e)

The reviewing body conducting the public hearing may adopt rules of procedure to limit the time for each presentation or each speaker.

(f)

The reviewing body conducting the public hearing shall record the minutes of the proceedings by any appropriate means as prescribed by rule and consistent with the Code of Virginia. Such minutes shall be maintained on file by the county as public records.

(P.C. Ord. No. 14-03, 9-24-14)

Any person, including any officer or body of the county, aggrieved by a final administrative determination on a development permit or administrative development approval by the zoning administrator or final reviewing body may appeal such final determination to the appellate body designated by this article, if any, in the manner provided in this article.

(P.C. Ord. No. 14-03, 9-24-14)

(a)

Applications for amendments to chapter 17 may be initiated by any property owner or resident of the county, any government official or department, the board of supervisors, or the planning commission.

(b)

In accordance with the section 15.2-2286(A)7 of the Code of Virginia, the board of supervisors may amend these regulations or repeal them by ordinance whenever the public necessity, convenience, general welfare, or good zoning practice requires. This chapter shall not be amended or reenacted unless the board of supervisors has first referred the proposed amendment or reenactment to the planning commission for its recommendations. Amendments to this chapter may be initiated by citizens, the planning commission, or the board of supervisors.

(P.C. Ord. No. 14-03, 9-24-14)

Upon the filing of an application to amend this chapter, the applicant shall submit to the zoning administrator the proposed amendment and the reason for the proposed amendment. Such application shall be in writing.

(P.C. Ord. No. 14-03, 9-24-14)

(a)

Upon receipt of a complete application, the zoning administrator shall forward all proposed amendments to this chapter to the planning commission for consideration and recommendation. The planning commission shall study proposals to determine:

(1)

The need and justification for the change based upon the public necessity, convenience, general welfare, or good zoning practice; and

(2)

Whether the proposed change will further the purposes of this chapter and the county's comprehensive plan or any other plan adopted by the county.

(b)

The commission shall consider the proposed amendment only after notice has been given and a public hearing has been held, as required by the section 15.2-2204 of the Code of Virginia.

(c)

The commission may recommend approval of the amendment, approval with modifications to the proposed amendment as a result of the hearing, or denial of the amendment. The recommendation shall state the public purpose that necessitates the action. The commission shall then forward the proposed amendment, along with its recommendation to the board of supervisors. The recommendation of the commission shall be advisory only and shall not be binding on the board of supervisors.

(d)

If the commission fails to submit its recommendations within one hundred (100) days of the first meeting of the commission after the proposed amendment has been referred to it, the commission shall be deemed to have recommended approval of the proposed amendment.

(P.C. Ord. No. 14-03, 9-24-14)

(a)

The board of supervisors shall consider the proposed amendment only after notice has been given and public hearing has been held, as required by Section 15.2-2204 of the Code of Virginia.

(b)

The board of supervisors and the planning commission may hold a joint public hearing in accordance with the Code of Virginia.

(c)

The board of supervisors shall approve the proposed amendment, approve the proposed amendment with modifications as a result of the public hearing, or deny the proposed amendment. Any motion by the board of supervisors shall state the public purpose that necessitates the action.

(d)

All motions, resolutions, or petitions for amendment to the zoning ordinance shall be acted upon and a decision made by the board of supervisors within twelve (12) months from the date of the public hearing before the board of supervisors, unless the applicant requests or consents to action beyond such period or unless the applicant withdraws his proposed amendment to the zoning ordinance.

(e)

At the discretion of the applicant that initiated the request and upon written notice to the zoning administrator, any application for an amendment may be withdrawn prior to action thereon by the board of supervisors.

(f)

No request for an amendment to these regulations that is the same or substantially the same as a request previously acted upon by the board of supervisors shall be considered within one (1) year from the date that the same was acted on by the board of supervisors, except when such decision is the subject of a motion by the board of supervisors to rehear. Any such motion to rehear shall be in accordance with rules adopted by the board of supervisors.

(P.C. Ord. No. 14-03, 9-24-14)

In accordance with section 15.2-2286 of the Code of Virginia, the Rockingham County Board of Supervisors reserves unto itself the right to hear requests for and to issue special use permits, under suitable regulations and safeguards, for certain uses not otherwise permitted in a particular district except by special use permit as may be authorized by this chapter.

(P.C. Ord. No. 14-03, 9-24-14)

(a)

Applications for special uses may be initiated by any property owner, contract purchaser with the owner's written consent, agent of the property owner, tenant with the approval of the property owner, the planning commission, or the board of supervisors.

(b)

Application shall be made to the zoning administrator on the prescribed forms provided by the department of community development.

(c)

The application shall be accompanied by an accurately scaled drawing showing the following:

(1)

The size, dimensions, and shape of the parcel of land on which the proposed building or use is to be located;

(2)

The nature and dimensions of the proposed buildings and area of land to be used;

(3)

The location of such buildings and area, for which a permit is requested, with respect to all existing buildings, to any public highways adjoining the parcel of land and the uses of lands surrounding the proposed building and area;

(4)

Location and number of existing and proposed off-street parking spaces;

(5)

Any planned screening, buffering and landscaping;

(6)

The location and dimensions of any signs associated with the proposal.

(7)

Any other items the zoning administrator determines necessary.

(d)

Upon receipt of an application for a special use, the application will be forwarded to zoning administrator for study and report. The application shall then be transmitted to the board of supervisors for public hearing.

(e)

No special uses shall be authorized except after notice and hearing as required by section 15.2-2204 of the Code of Virginia.

(P.C. Ord. No. 14-03, 9-24-14)

(a)

When considering whether to grant a special use permit, the Board of Supervisors considers, among other issues:

(1)

Good zoning practices and principles;

(2)

Compatibility with surrounding land uses;

(3)

Whether the proposed use is detrimental to the character of adjacent land;

(4)

Public convenience, necessity and interest;

(5)

The requirements of this chapter; and

(6)

The comprehensive plan.

(b)

Reserved.

(c)

Conditions:

(1)

The applicant for a special use permit may voluntarily offer particular conditions related to the proposed use, which can be adopted by the board of supervisors to accompany the application.

(2)

All plans, drawings, or maps submitted with the application or presented during any public hearing shall be considered conditions.

(3)

In approving a special use, the board of supervisors may also impose conditions relating to the use as it may deem necessary, including limiting the duration of a permit.

(4)

Such conditions shall be consistent with the intent and purposes of this chapter and in conformity with the standards set forth in this chapter.

(5)

No certificate of occupancy will be issued until all conditions placed upon the special use permit are met.

(6)

All conditions shall be binding. Any expansion or addition shall require an additional special use permit approval.

(d)

Operation of the building or use of the land shall be commenced within two (2) years of the date of approval unless otherwise provided in the conditions of the permit. For the purposes of this section, commencement is considered as the inspection and approval of the footers and foundation of a new or enlarged structure or, for renovations, the inspection and approval of the framing, wiring, and plumbing, of an existing structure. A certificate of occupancy must be obtained within two (2) years of the commencement date. For uses not involving a structure, the use shall be commenced within two (2) years from the date of approval of the special use permit. The zoning administrator may grant a one-time extension of two (2) years. Failure to meet these requirements results in the voiding of the permit, and reapplication shall be required.

(e)

No application for a special use permit shall be considered by the board of supervisors within one (1) year from the date that the board acted on an application for the same or substantially the same use on the same parcel of land, except by motion of the board of supervisors to rehear.

(f)

If the board of supervisors determines that there has not been compliance with the terms and conditions of a special use permit granted by the board of supervisors, it may revoke the special use permit.

(1)

No special use permit may be revoked except after public notice and hearing as provided by the Code of Virginia.

(2)

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

(g)

An approved special use permit which has been put into use in accordance with the provisions of this section shall become void if the use ceases activity for more than two (2) consecutive years, unless approval of the permit specifically provides otherwise.

(P.C. Ord. No. 14-03, 9-24-14; P.C. Ord. No. 18-07, 5-23-18)

In accordance with section 15.2-2286(A)7 of the Code of Virginia, the board of supervisors may rezone property.

(P.C. Ord. No. 14-03, 9-24-14)

(a)

Any rezoning request may be initiated by any property owner, contract purchaser with the owner's written consent, agent of the property owner, the planning commission, or the board of supervisors.

(b)

A complete application shall be made to the zoning administrator including a boundary map of the property to be rezoned. Applications to rezone portions of a parcel shall include a metes and bounds description of the area to be rezoned. Any demonstrative materials submitted with the application shall become part of the record of the hearing on the application and become legally binding elements.

(c)

No rezoning request shall be considered except after notice and hearing as required by section 15.2-2204 of the Code of Virginia.

(P.C. Ord. No. 14-03, 9-24-14; P.C. Ord. No. 22-27, 9-28-22)

(a)

Pursuant to section 15.2-2298(A)of the Code of Virginia, the board of supervisors hereby adopts and utilizes the conditional zoning authority granted under section 15.2-2303 of the Code of Virginia.

(b)

Any applicant for rezoning may, as part of the application, proffer, in writing, reasonable conditions concerning the use and development of his property, including off-site improvements that may serve or benefit his property and the public welfare.

(c)

Proffered conditions shall be in addition to those regulations provided in this chapter and applicable to the particular zone classification sought in said application.

(d)

Proffered conditions shall have been proffered in writing in advance of the public hearing before the governing body required by section 15.2-2285 of the Code of Virginia.

(P.C. Ord. No. 14-03, 9-24-14)

(a)

A proffer statement shall be submitted in the following format:

"PROFFER STATEMENT

RE: Applicant's Name

Owner's Name (if different from Applicant)

Date

Rezoning Case Number (if number has been assigned by the Zoning Administrator)

Tax Map Number(s) of parcels to which proffers apply

[Applicant] hereby proffer(s) that the use and development of this property shall be in strict accordance with the following conditions:

1.

2.

3.

Etc."

(b)

All proffered conditions shall include a detailed description of the condition being proffered, shall identify the party responsible for fulfilling the condition, shall provide a specific timeframe for the completion of the condition, and an approximate location for the condition.

(c)

Any revision to the proffer statement shall be submitted in the same format, with a new date, and shall include at the end of the statement the following:

"The conditions set forth in this proffer statement supersede all conditions set forth in previous proffer statements submitted as part of this application."

(d)

The applicant may also proffer to use and develop the property in accordance with the schematic land use plan or other plans, profiles, elevations, demonstrative materials and written statement submitted as part of the general plan of development. In such case, the proffer statement shall make reference to such materials, and each copy of such materials shall contain the following statement:

"I hereby proffer that the use and development of this property shall be in strict accordance with the proffered conditions set forth herein and/or depicted thereon."

(P.C. Ord. No. 14-03, 9-24-14)

(a)

The application for rezoning requests for zoning districts detailed in article IV, together with two (2) hardcopies, one (1) eleven-inch by seventeen-inch (11″ × 17″) copy and one (1) two-foot by three-foot (2′ × 3′) copy, and a digital file of a master plan prepared by a surveyor, engineer, or architect, as defined in the Code of Virginia, shall be filed with the zoning administrator. Upon request from the zoning administrator, the applicant shall submit additional hardcopies for review.

(b)

Such application shall include the following information as a minimum:

(1)

A vicinity map at a scale of not less than one (1) inch equal to one thousand (1,000) feet showing surrounding properties, surrounding public streets, and private roads;

(2)

An accurate boundary survey of the tract;

(3)

An existing conditions map(s) showing:

a.

Conservation or riparian areas, including all classified streams, wooded areas, areas of specimen trees, potential wetlands, slopes in excess of twenty-five (25) percent, historic structures and sites included in the records of the Virginia Department of Historic Resources, and floodplain;

b.

Existing topography with a maximum of ten-foot contour intervals at a scale of not less than one (1) inch equal to one hundred (100) feet;

c.

Existing roads, rights-of-way, easements, and utilities;

d.

The existing owners and zoning district(s) of the proposed development;

e.

The existing owners, zoning district(s), present use(s), and location of all parcels adjacent the proposed development;

f.

The existing location, type, and size of ingress and egress to the site.

(4)

A master plan showing:

a.

The areas to be designated as preservation areas, if appropriate;

b.

Areas to be designated as conservation or riparian areas, including all classified streams, wetlands, and other significant environmental features;

c.

Existing wooded areas, areas of specimen trees, and designated wooded areas to be preserved;

d.

The proposed rough grading/topography with a maximum of ten-foot intervals;

e.

The general location of proposed streets, alleys, sidewalks, and multi-purpose trails;

f.

Typical street cross-sections to show proportions, scale, and streetscape;

g.

Connections to existing and proposed streets, as well as proposed roads shown in the comprehensive plan or any other plan adopted by the county, Metropolitan Planning Organization's Long Range Plan, and VDOT future transportation plans;

h.

Anticipated trip generation figures;

i.

The general layout for the water and sewer systems, conceptual stormwater management, and a conceptual mitigation plan;

j.

The location of features or elements within the development essential to the design of the development, such as land use areas, parking areas and structures, and common areas;

k.

A list of all land uses including dwelling types and densities, and the general location of commercial uses and industrial uses;

l.

The general lot layout; and

m.

The transition or buffer between the development project and any adjoining parcels with existing development.

(c)

A plan description shall be submitted, to include a summary of design elements such as lot characteristics, building heights, and common area characteristics, and to convey any items required above which cannot be effectively illustrated with images.

(d)

The master plan, plan description, and any demonstrative materials submitted with the application shall become part of the record of the hearing on the application and become legally binding elements of the amendment to the zoning ordinance and map.

(e)

All rezoning application materials shall be submitted prior to the board of supervisors' public hearing.

(P.C. Ord. No. 14-03, 9-24-14)

(a)

With each application to amend the area of the planned development district, or to amend the narrative statement or the master plan within an area that is less than the entire district, the applicant shall submit a vicinity map, as detailed above, and digital file showing the entire existing planned development district and identifying any area to be added to or deleted from the district, or identifying the area to which the amended proffers and master plan will apply.

(b)

Additional land may be added to an existing planned development if it is adjoining, forms a logical addition to the existing development, and is under the same ownership or unified control. For the purpose of this subsection, a public road does not prevent lands being considered as adjoining.

(c)

The application procedure for adding additional acreage shall be the same as if an original application were filed. All of the requirements of this chapter shall apply.

(d)

The addition of a permitted use, which is not shown on the approved master plan, shall require an amendment to the master plan. The procedure to amend the master plan shall be the same as if an original application were filed. All of the requirements of this chapter shall apply.

(P.C. Ord. No. 14-03, 9-24-14; P.C. Ord. No. 19-10, 5-22-19)

(a)

Original statements or materials first submitted after the planning commission hearing are subject to referral to the commission for additional comment.

(b)

The board of supervisors may schedule an additional public hearing to consider amendments submitted less than two (2) weeks prior to the board of supervisor's public hearing.

(P.C. Ord. No. 14-03, 9-24-14)

(a)

All submissions relating to rezoning cases shall be made to the zoning administrator.

(b)

When an amendment to the zoning map has been initiated and a proffer statement filed in conjunction therewith, the zoning administrator shall cause the amendments to be expeditiously reviewed by such staff, departments, offices, agencies or other personnel as appropriate.

(c)

Summary of findings:

(1)

The review shall include an examination of the applicant's proffer statement and/or materials.

(2)

The zoning administrator may suggest revisions to the proffers statement in order to clarify the proffers volunteered by the applicant.

(3)

In addition, before the application is scheduled for a public hearing before the planning commission, the zoning administrator shall present to the applicant a summary of the findings of the review in order that the applicant may make modifications of the application should they desire to so.

(d)

Public hearing:

(1)

After the zoning administrator has presented a summary of the review findings to the applicant, the application shall be referred to the planning commission for public hearing.

(2)

The zoning administrator shall not be required to refer such application immediately but shall consider the applicant's preference, the planning commission's schedule and the appropriate use of county staff.

(P.C. Ord. No. 14-03, 9-24-14)

(a)

All proposed rezonings shall be submitted to the planning commission for consideration and recommendation. The planning commission shall study proposals to determine:

(1)

The need and justification for the change;

(2)

The effect of the change, if any, on the property and on the surrounding neighborhood;

(3)

The amount of undeveloped land in the general area and in the county having the same district classification as requested; and

(4)

The relationship of the proposed rezoning to the purposes of the county's comprehensive plan or any other plan adopted by the county.

(b)

The commission shall consider the proposed rezoning only after notice has been given and a public hearing has been held, as required by section 15.2-2204 of the Code of Virginia. The public notice shall state the general usage and density range of the proposed rezoning and the general usage and density range, if any, set forth in the applicable part of the comprehensive plan.

(c)

The commission may recommend approval of the proposed rezoning, approval with modifications, or denial, as a result of the public hearing. The recommendation shall state the reasons for its action. The commission shall then forward the proposed rezoning, along with its recommendation to the board of supervisors. The recommendation of the planning commission shall be advisory only and shall not be binding on the board of supervisors.

(d)

If the commission fails to submit its recommendation within one hundred (100) days of the first meeting of the commission after the proposed rezoning has been referred to it, the commission shall be deemed to have recommended approval of the proposed rezoning.

(P.C. Ord. No. 14-03, 9-24-14)

(a)

The board of supervisors shall consider the proposed rezoning only after notice has been given and public hearing has been held, as required by the Code of Virginia. The public notice shall state the general usage and density range of the proposed rezoning and the general usage and density range, if any, set forth in the applicable part of the comprehensive plan.

(b)

The board of supervisors and the planning commission may hold a joint public hearing in accordance with the Code of Virginia.

(c)

The board of supervisors shall approve the proposed rezoning, approve with modifications, or deny the proposed rezoning, as a result of the public hearing. Any motion by the board of supervisors shall state the public purposes for the amendment, and identify the public necessity, the convenience, general welfare, or good zoning practice which necessitates such action.

(d)

If the board of supervisors approves the rezoning request with a master plan, a copy of the master plan shall remain on file in the department of community development.

(e)

All applications for rezoning shall be acted upon and a decision made by the board of supervisors within twelve (12) months from the date of the public hearing before the board of supervisors, unless the applicant requests or consents to action beyond such period or unless the applicant withdraws his rezoning application.

(f)

Any late amendment submission shall act to extend by a period of one (1) month the total time allowed by law for review and consideration of a rezoning request if, by virtue of the above requirement for an additional public hearing and the board of supervisors' schedule, the matter would be placed for hearing after the expiration of the allowed review period.

(g)

At the discretion of the applicant that initiated the request and upon written notice to the zoning administrator, any application may be withdrawn prior to action thereon by the board of supervisors.

(h)

No rezoning request that is the same or substantially the same as a rezoning request previously acted upon by the board of supervisors shall be considered within one (1) year from the date that the same was acted on by the board of supervisors, except when such decision is the subject of a motion by the board of supervisors to rehear.

(i)

Any such motion to rehear shall be in accordance with rules adopted by the board of supervisors.

(j)

Upon approval of a rezoning for property located in the county, any legal use that was occurring on the subject property at the time of the approval may continue in operation until such time as development of the property commences. If the development is done in phases, commencement would be considered when development is begun on that phase. However, at onset of development, the use shall meet the requirements of the zoning for which it was rezoned, including any proffered conditions, for the property or a phase of the property undergoing development.

(P.C. Ord. No. 14-03, 9-24-14)

(a)

Conditions binding upon adoption:

(1)

The governing body, when acting on an application for a zoning map amendment, may adopt as a part of the zoning map the proffered conditions, in whole or in part, set forth by the applicant.

(2)

Once adopted by the governing body, such proffered conditions shall be binding on the use and development of the property and shall continue in full force and effect until a subsequent amendment changes the zoning on the property covered by such conditions; provided, however, that such conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance or map.

(b)

Map references; conformance to existing conditions:

(1)

The zoning map and other appropriate files maintained by the zoning administrator shall reference the existence of adopted proffered conditions attached to various properties.

(2)

Any site plan or subdivision thereafter submitted for development of property to which proffered conditions have attached shall conform to all such conditions and shall not be approved by the zoning administrator in the absence of such conformity.

(3)

For the purpose of this section, "conformity" shall mean such conformity which leaves a reasonable margin of adjustment due to final engineering data but conforms to the general nature of the development, the specific uses and also the layout depicted by the plans, profiles, elevations and other demonstrative material presented by the applicant.

(c)

The zoning administrator shall have all enforcement and administrative authority so granted to him by section 15.2-2299 of the Code of Virginia.

(d)

Guaranty:

(1)

The zoning administrator may require a guaranty, satisfactory to the board of supervisors, in an amount sufficient for and conditioned upon the construction of any physical improvements required by the proffered conditions or a contract for the construction of such improvements and the contractor's guaranty, in like amount and so conditioned, which guaranty may be reduced or released by the zoning administrator upon the submission of satisfactory evidence that the construction of such improvements has been completed in whole or in part.

(2)

Said guaranty shall be required no later than final site plan or subdivision approval.

(e)

Failure to meet or comply with any proffered condition shall be sufficient cause to deny the issuance of any permits, grading permits, zoning permits, building permits, use permits and certificates of occupancy as may be deemed appropriate by the zoning administrator.

(f)

Right of appeal: Any person aggrieved by any decision of the zoning administrator regarding any proffered condition or the regulations contained in this section or the denial of any permit may appeal such decision to the board of supervisors.

(1)

Such appeal shall be filed within thirty (30) days from the date of notice of the decision by filing a notice of appeal with the zoning administrator.

(2)

Such notice shall be a written statement specifying in full the grounds on which aggrieved and the basis for the appeal.

(g)

Board of supervisors to hear appeals:

(1)

Upon receipt of the appeal notice, the board of supervisors shall take such testimony as it deems appropriate and render its decision, in writing, within sixty (60) days after receipt of the appeal notice.

(2)

The board of supervisors may reverse or affirm wholly or partly or may modify the decision of the zoning administrator brought upon appeal.

(P.C. Ord. No. 14-03, 9-24-14; P.C. Ord. No. 16-07, 1-27-16)

Before any building permit may be issued, a site plan, meeting all requirements of this section, shall be submitted and approved by the zoning administrator.

(P.C. Ord. No. 14-03, 9-24-14)

(a)

The zoning administrator shall determine if a required site plan qualifies as a minor or major site plan.

(b)

Site plan review shall be required for all new uses, changes of use, or expansion of use except for:

(1)

Single-family residential, duplex and manufactured homes on individual lots including accessory uses.

(2)

Temporary modular classrooms used by public schools.

(3)

Tents used for one (1) month or less at an approved site and which do not alter or impede required parking.

(4)

Structures of less than five hundred eighty (580) square feet.

(5)

Recreational amenities, such as gazebos, benches, playground equipment, picnic shelters and the like, at approved sites which do not exceed two thousand five hundred (2,500) square feet of disturbed area, and which do not alter or impede required parking.

(6)

Exemption from the site plan process does not exempt the applicant from any requirements which may be enforced by other agencies or from zoning, subdivision, and building code requirements.

(P.C. Ord. No. 14-03, 9-24-14)

(a)

This section does not apply to uses and structures that are lawfully in existence as of October 1, 2014.

(b)

Any use or structure shall be considered to be in existence provided such use or the construction of such structure has started prior to the October 1, 2014 and is fully constructed and completed within one (1) year after the October 1, 2014.

(c)

Any use that would otherwise be subject to this section, which has been discontinued for a period of one (1) year or more, shall be subject to review pursuant to the terms of this section before such use is resumed.

(P.C. Ord. No. 14-03, 9-24-14)

(a)

Uses which do not qualify as a minor site plan shall require a site plan prepared and sealed by an engineer, architect, or land surveyor, licensed by the Commonwealth of Virginia to practice as such.

(b)

Six (6) paper copies of the site plan, drawn to scale, shall be submitted by the applicant and approved by the zoning administrator. Following notification of approval of the site plan, one (1) digital file shall be submitted to the community development department. The zoning administrator may decrease the required number of paper copies as the project warrants. Each site plan shall contain, at a minimum, the following:

(1)

Vicinity map showing the location of the tract or lot showing roads, route numbers, road names, streams, and bodies of water, towns or cities, or other landmarks sufficient to clearly identify the location of the property;

(2)

Project name, landowner, owner's agent (if applicable) and contact telephone number, address, and seal of licensed engineer, architect or land surveyor (if applicable);

(3)

A narrative description of the specific use on site, sufficient to determine if the proposed use is permitted by the zoning district;

(4)

Tax map number, address of the site, zoning, scale of drawing and north arrow;

(5)

A boundary survey of the tract or lot;

(6)

All requirements specified by a planned district and as shown on the approved master plan;

(7)

Existing and proposed buildings, outside display and storage areas on subject property, showing the location, dimensions, including structure height, statewide uniform building code use group, number of floors, proposed floor plan and area, distances to property lines from buildings, and building restriction and setback lines;

(8)

All existing and proposed streets, including names, numbers and widths,

(9)

All on-site easements, including those for utilities and storm drainage, if applicable;

(10)

Utilities, including type, grades, (may be on separate sheet), dimensions (may be on separate sheet), pipe sizes (may be on separate sheet), and authorization to connect to existing public water and sewer systems or install private water and sewer systems;

(11)

Location of existing and proposed fire hydrants within one thousand (1,000) feet of site, location of fire lanes, ISO fire flow calculations, and any other requirements of the fire marshal;

(12)

Ownership, zoning, and use of all adjoining property;

(13)

Existing and proposed off-street parking, including: parking calculations showing how the numbers were generated, dimensions of each parking space, design, dimensions of the parking lot or area, loading spaces, handicap parking and type of surfacing;

(14)

Location, design, sight distance, and dimensions of all vehicular entrances and exits to the site;

(15)

Provisions for adequate disposition of natural and storm water (may be on separate sheet) as required by local or state code, indicating all proposed temporary and permanent control measures;

(16)

Proposed erosion and sediment control measures (may be on separate sheet) as required by local or state code, indicating all proposed temporary and permanent control measures;

(17)

The flood zone classification and floodplain boundaries from the flood insurance rate maps of the Federal Emergency Management Agency on site or as determined by a site survey;

(18)

Provision for adequate screening for uses not conducted within a completely enclosed structure, areas of storage of any materials or any screening as required by the County Code.

(19)

Provision for landscaping.

(20)

General location of solid waste and recycling storage containers.

(21)

Any provisions for outdoor lighting.

(22)

If the site is permitted by special use permit, rezoning, or variance, the permit number and conditions shall be included.

(23)

Other information needed to process the site plan application may be requested.

(P.C. Ord. No. 14-03, 9-24-14; P.C. Ord. No. 17-02, 1-25-17; P.C. Ord. No. 19-11, 5-22-19)

(a)

The zoning administrator is charged with the implementation of a review process meeting the goals of site plan review.

(b)

The zoning administrator may forward the site plan to other agencies and departments as needed.

(c)

There shall be no clearing or grading of any site without issuance of a permit based on an erosion and sediment control plan approved by the stormwater management program administrator. Such plans must comply as follows:

(1)

The plans must meet certain rules and regulations of the department of conservation and recreation;

(2)

Plans and specifications for construction of streets shall comply with the standards of the Virginia Department of Transportation, unless otherwise approved by that department

(3)

The plans must follow the best management practice handbook;

(4)

And plans must meet all applicable policies, ordinances, and plans of the county.

(d)

No building permit or certificate of occupancy will be issued until all provisions of the approved site plan are met to the satisfaction of the zoning administrator.

(P.C. Ord. No. 14-03, 9-24-14)

(a)

The zoning administrator may allow a site plan or subdivision plat for a planned development to deviate from the following provisions of an approved master plan:

(1)

Minor deviations to yard requirements, maximum building heights, and minimum lot sizes;

(2)

Changes to the arrangement of buildings and uses shown on the plan, provided that the major elements shown on the plan and their relationships remain the same;

(3)

Changes to phasing plans;

(4)

Minor changes to landscaping or architecture; and

(5)

Minor deviations to street design.

(b)

The applicant shall submit a written request for a deviation to the zoning administrator. The request shall specify the provision of the master plan for which the deviation is sought, and state the reason for the requested deviation.

(c)

The zoning administrator is authorized to grant a deviation upon a determination that the deviation:

(1)

Is consistent with the goals and strategies of the comprehensive plan;

(2)

Does not increase the approved development density or intensity of development;

(3)

Does not adversely affect the timing and phasing of the development of any other adjacent development;

(4)

Does not require a special use permit; and

(5)

Is in general accord with the purpose and intent of the approved master plan.

(d)

Any deviation not expressly provided for herein may be accomplished through a zoning map amendment (rezoning).

(P.C. Ord. No. 14-03, 9-24-14)

(a)

The determination of whether a site plan meets the requirements of this section shall be made by the zoning administrator.

(b)

Approval of a site plan shall be null and void if the construction of the proposed development is not initiated within five (5) years of the date of approval.

(c)

Upon approval, three (3) sets of site plans, signed by the zoning administrator and dated with the date of approval, shall be returned to the applicant.

(P.C. Ord. No. 14-03, 9-24-14)

(a)

Required improvements.

(1)

All improvements shown on the site plan shall be installed by the developer at his cost.

(2)

In cases where specifications have been established by state departments, the provisions of this chapter or other ordinances of the county, such specifications shall be followed.

(3)

The developer's performance bond, in accordance with the county bonding policy, shall not be released until construction has been inspected and approved by the appropriate official.

(b)

Maintenance of common property.

(1)

The developer shall identify a single entity with unitary ownership or unified control, such as a property owner's association, to be responsible for maintaining all common property.

(2)

The cost of maintaining common property shall be paid by the above identified responsible entity. Any fees associated with property assessments required for the maintenance of common property shall constitute a lien upon individual properties.

(P.C. Ord. No. 14-03, 9-24-14)

The board of zoning appeals shall have the power upon appeal or original application in specific cases, to authorize variances as defined in section 15.2-2201 of the Code of Virginia, from the terms of this chapter as will not be contrary to the public interest, when, owing to special conditions, a literal enforcement of the provisions will result in unnecessary hardship; provided that the spirit of this chapter shall be observed and substantial justice done.

(P.C. Ord. No. 14-03, 9-24-14)

(a)

Applications for variances may be initiated by any property owner, contract purchaser with the owner's written consent, or agent of the property owner, the planning commission, or the board of supervisors. Application shall be made to the zoning administrator on the prescribed application form provided by the department of community development.

(b)

The application shall be accompanied by an acceptable site plan with such reasonable information shown thereon as may be required by the zoning administrator.

(c)

Applications for variances not initiated by federal, state, other local jurisdictions, or the board of supervisors shall be accompanied by payment of a fee as set forth in article XI of this chapter.

(d)

Upon receipt of a complete application for a variance, the zoning administrator shall transmit the application to the board of zoning appeals. The board of zoning appeals shall place the matter on the docket for action and hold a public hearing. The board of zoning appeals shall decide the matter within ninety (90) days from the date of such hearing.

(e)

Standards. No variance to the provisions of this chapter shall be authorized by the board of zoning appeals unless the applicant can show to the satisfaction of the board of zoning appeals, based upon evidence heard by it, that the property was acquired in good faith and that the literal interpretation of the provisions of this chapter would create an unnecessary hardship that would effectively prohibit or unreasonably restrict the utilization of the property. The applicant shall provide evidence to the board of zoning appeals that the variance being sought satisfies this general standard and the standards set forth below as follows:

(1)

The subject property is exceptional at the time of the effective date of this chapter as compared to other lots subject to the same provision by reason of a unique physical condition, including exceptional narrowness, shallowness, size or shape, or exceptional topographic conditions or other extraordinary situations or conditions peculiar to and inherent in the subject piece of property, or of the condition, situation, or development of property immediately adjacent thereto;

(2)

The unique physical condition set forth in subsection (a), above, is not the result of any action or inaction of the property owner or his predecessors in title and existed at the time of the effective date of the provisions of this chapter from which a variance is sought;

(3)

The granting of such variance will alleviate a clearly demonstrable hardship approaching confiscation, as distinguished from a special privilege or convenience sought by the applicant;

(4)

The requested variance is no greater than the minimum variation necessary to relieve the unnecessary hardship demonstrated by the applicant;

(5)

The requested variance shall not result in a use or development of the property that would not be in harmony with the intended spirit and purpose of this chapter and would not permit a use in a district that is not authorized by that district's regulations.

(P.C. Ord. No. 14-03, 9-24-14)

(a)

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

(b)

Findings of the board of zoning appeals. Upon evidence heard by the board of zoning appeals, the board shall authorize a variance to the provisions of this chapter only if it makes all four (4) of the following findings:

(1)

That the strict application of the chapter would produce undue hardship relating to the property;

(2)

That such hardship is not shared generally by the other properties in the same zoning district and the same vicinity;

(3)

That the authorization of such variance will not be of substantial detriment to adjacent property and the character of the district will not be changed by the granting of the variance; and

(4)

That the condition or situation of the property is not so general or recurring nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to this chapter.

(c)

Conditions and guarantees.

(1)

In authorizing a variance the board of zoning appeals 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.

(2)

Notwithstanding any other provision of law, the property upon which a property owner has been granted a variance shall be treated as conforming for all purposes under state law and local ordinances; however, the use or structure permitted by the variance may not be expanded.

(d)

Withdrawal of application. Any application for a variance before the board of zoning appeals may be withdrawn upon written notice to the zoning administrator prior to action by said board.

(P.C. Ord. No. 14-03, 9-24-14)

The board of zoning appeals shall have the power to hear and decide appeals from any order, requirement, decision, or determination made by an administrative officer in the administration or enforcement of this chapter.

(P.C. Ord. No. 14-03, 9-24-14)

(a)

An appeal to the board of zoning appeals may be taken by any persons aggrieved or by any officer, department, board of supervisors or bureau of Rockingham County affected by any decision of the zoning administrator or from any order, requirement, decision or determination made by any other administrative officer in the administration or enforcement of this chapter, any ordinance adopted pursuant to this chapter, or any modification of zoning requirements pursuant to the Code of Virginia.

(b)

The appeal shall be taken within thirty (30) days of the date of the written notice of a zoning violation or the written order of the zoning administrator which shall have included a statement informing the recipient that he may have a right to appeal the notice of zoning violation, in accordance with section 15.2-2311 of the Code of Virginia.

(c)

Applications for appeal shall be submitted to the zoning administrator who shall refer the application to the board of zoning appeals; such notice of appeal shall specify the grounds for appeal

(d)

The zoning administrator shall forthwith transmit to the board of zoning appeals all the papers constituting the record upon which the action appealed from was taken.

(e)

An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the board of zoning appeals that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order granted by the board of zoning appeals or by a court of record, on application and on notice to the zoning administrator and for good cause shown.

(f)

Upon receipt of a notice of appeal, the board of zoning appeals shall fix a reasonable time for the hearing of the appeal; the board of shall consider appeals after notice to the parties in interest and hearings as required by section 15.2-2204 of the Code of Virginia and make its decision within ninety (90) days of the filing of the application or appeal, unless the applicant agrees to an extension of time in writing.

(g)

Such appeals shall be decided only after notice and hearing as provided by section 15.2-2204 of the Code of Virginia.

(h)

In exercising the powers granted the board of zoning appeals in this chapter, the said board may, in conformity with the provisions of this chapter and following the hearing, reverse or affirm, wholly or in part, or may modify an order, requirement, decision or determination appealed from and to that end shall have all powers of the zoning administrator and may issue or direct the issuance of a zoning permit.

(1)

The decision on the appeal shall be based upon the board's judgment of whether the zoning administrator or administrative officer made the correct determination based on the applicable ordinances, laws and information provided.

(2)

The board of zoning appeals shall consider the purpose and intent of any applicable ordinances, laws and regulations in making its decision.

(i)

Withdrawal of application. Any application for a variance before the board of zoning appeals may be withdrawn upon written notice to the zoning administrator prior to action by said board.

(j)

Notwithstanding the provisions above, the appeal period for notices of violation involving temporary or seasonal commercial uses, parking of commercial trucks in residential zoning districts, or similar short-term, recurring violations shall be ten (10) days.

(P.C. Ord. No. 14-03, 9-24-14)

(a)

Petitions contesting a decision of the board of supervisors adopting or failing to adopt a proposed amendment to this chapter or granting or failing to grant a special use shall be filed with the Clerk of the Circuit Court of Rockingham County within thirty (30) days of the decision being appealed.

(b)

Nothing in this section shall be construed to create any new right to contest the action of the board of supervisors.

(P.C. Ord. No. 14-03, 9-24-14)

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 of supervisors, or Bureau of Rockingham County may file with the Clerk of the Circuit Court of Rockingham County a petition specifying the grounds of grievance within thirty (30) days after the final decision of the BZA.

(P.C. Ord. No. 14-03, 9-24-14)