(a)

This chapter shall be administered and enforced by a zoning administrator, who shall be appointed by the town council. Assistants to the zoning administrator may be assigned or designated by the town manager, and such duly appointed assistants are authorized to act in behalf of the administrator in the administration and enforcement of this chapter.

(b)

The administrator shall have the following powers and duties:

(1)

Zoning permit. To issue or deny a zoning permit for the erection, construction, reconstruction, moving, adding to, or alteration of any structure, or the establishment of any land use. The administrator shall also have the authority to revoke any zoning permit if violations of the provisions of this article occur.

(2)

Certificate of zoning compliance. To issue or deny a certificate of zoning compliance, which indicates that the use and physical development of the site is in conformity with this article.

(3)

Collect fees. To collect any fees required or set forth in this article.

(4)

Making and keeping records. To make and keep all records required by state law or necessary and appropriate for the administration of this article.

(5)

Inspection of buildings or land. To inspect any building or land to determine if violations of this chapter have been committed or exist. As authorized by Code of Virginia, § 15.2-2286(A)16, for the purpose of enforcing the provisions of this chapter, the zoning administrator shall have the authority to apply for the issuance of inspection warrants by a magistrate or court of competent jurisdiction. The zoning administrator may present sworn testimony to a magistrate or court of competent jurisdiction and if such sworn testimony establishes probable cause that a zoning ordinance violation has occurred, request that the magistrate or court grant the zoning administrator an inspection warrant to enable the zoning administrator to enter the subject dwelling for the purpose of determining whether violations of the zoning ordinance do exist. 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. Prior to seeking the issuance of an inspection warrant from a magistrate or court of competent jurisdiction, the zoning administrator shall seek advice from the town attorney on the appropriateness of seeking an inspection warrant. It shall be a violation of the zoning ordinance for any owner, managing agent, tenant, occupant or other person to deny the zoning administrator access to any dwelling after the zoning administrator has obtained an inspection warrant from a magistrate or a court of competent jurisdiction.

(6)

Enforcement. To enforce this article and take all necessary steps to remedy any condition found in violation of the provisions of this article.

(7)

Request assistance. To request the assistance of other local and state officials or agencies in the administration and enforcement of this article.

(8)

Interpretation. To interpret the official zoning map and provisions of this article, and offer written opinions on their meaning and applicability, and to make findings of fact, and, with the concurrence of the town attorney, conclusions of law regarding determinations of vested rights.

(9)

No written decision of the administrator shall be subject to change, modification, or reversal after 60 days have elapsed, where the person aggrieved has materially changed his position in good faith reliance on the decision.

(Code 1996, § 114-201; Ord. of 2-10-2014, § 2)

(a)

A zoning permit shall be required prior to the erection, construction, reconstruction, moving, adding to, or alteration of any structure, or the establishment of any land use, except as listed below:

(1)

Patios.

(2)

Accessory structures less than six feet in height and 20 square feet in area.

(b)

It shall be the responsibility of the applicant to provide any information necessary for the administrator to determine that the proposed use, building, or structure complies with all provisions of this article.

(c)

All zoning permits issued shall be valid for a period of one year, unless the structure, use or activity for which the permit was issued has commenced. The administrator may reissue any expired permit provided the structure, use and or activity complies with all applicable provisions of the ordinance at the time of reissuance.

(d)

The zoning permit is an element of the building permit.

(e)

Plans to be submitted with zoning permit application.

(1)

In case where site plan approval is not required. Every application for a zoning permit which does not require site plan review and approval, as specified in division 3 of this article, shall be accompanied by a plot plan, with such number of copies as established by policy of the zoning administrator, legible and drawn to scale, and showing the following:

a.

Area, shape and dimensions of the property involved and existing and proposed easements, watercourses, drainageways and floodplains;

b.

Dimensions and heights of proposed buildings, structures or additions and existing buildings and structures to remain, and the dimensions of yards and setbacks with respect to property lines and existing and proposed street lines;

c.

Existing and proposed driveways providing access to the site and the arrangement, dimensions and improvement of off-street parking and vehicular circulation areas;

d.

Existing permanent signs to remain and proposed permanent signs, including location, lettering, dimensions, lighting, and means of attachment or support;

e.

Any additional information deemed necessary by the zoning administrator to determine compliance with the specific requirements of this chapter, the town code, and other state and federal regulatory agencies as may be applicable.

(f)

In case of new construction single-family or two-family dwelling. Every application for a zoning permit for which new construction of a single-family or two-family dwelling is proposed shall be accompanied by a survey plat showing the most recent configuration of land, including all easements and physical encumbrances in addition to the plot plan required in subsection (e) of this section. If no easements are present or proposed, then the survey plat shall include a statement indicating that there are no easements present or proposed on the subject property of the survey plat.

(g)

In case where site plan approval is required. Every application for a zoning permit which requires site plan review and approval, as specified in division 3 of this article, shall be accompanied by such plans as required by that division. No such zoning permit shall be issued until the required site plan is reviewed and approved by the zoning administrator as provided in that division.

(h)

Waiver of certain plan requirements. With prior approval by the zoning administrator, particular information may be omitted from required plans when, due to the nature or limited scope of a project, such information is not necessary for evaluation of the application or for purposes of maintaining a record.

(i)

Zoning permits for signs.

(1)

Plan requirements. In the case of zoning permit applications for signs, only the plan requirements of subsection (e)(1)d of this section shall apply, provided that the location of any freestanding sign shall be shown on a site drawing. Where necessary to depict existing and proposed signs, building elevation drawings shall be submitted.

(2)

Signs approved in conjunction with building plans. In any case where a sign is approved in conjunction with a zoning permit for construction, alteration or conversion of a building and no change to the sign is proposed, a separate zoning permit for such sign shall not be required.

(Code 1996, § 114-202; Ord. of 2-10-2014, § 2; Ord. of 6-8-2015(1) , § IV)

No building permit for the extension, erection, or alteration of any building or structure shall be issued before an application has been made, and a zoning permit issued. No building or structure shall be occupied or used until a certificate of occupancy has been issued.

(Code 1996, § 114-203; Ord. of 2-10-2014, § 2)

(a)

A certificate of zoning compliance shall be required for any of the following:

(1)

Occupancy or use of a building hereafter erected, enlarged or structurally altered.

(2)

Change in the use of an existing building.

(3)

Change in the use of vacant land except for the raising of crops, and other agricultural uses not involving structures.

(4)

Any change in use of a nonconforming use, or any alteration of a nonconforming building or structure.

(b)

No such occupancy, use, or change in use shall take place until a certificate of zoning compliance has been issued by the zoning administrator. Such certificate shall certify that the building or the proposed use, or the use of the land, complies with the provisions of this article. Upon application of the owner or an authorized agent, the zoning administrator shall issue the certificate of zoning compliance for any building, structure or lot, provided that the administrator finds such building, structure or lot is in conformity with all applicable provisions of this article, and all other applicable town laws.

(c)

The town shall issue or deny any application for a certificate of zoning compliance within seven days of an application being filed. If denied, the town shall advise the owner or owner's agent the reasons for the denial, and the specific actions required on the part of the owner before the certificate of zoning compliance can be issued.

(Code 1996, § 114-204; Ord. of 2-10-2014, § 2)

(a)

In case of undue hardship, the administrator may issue a temporary or partial certificate of zoning compliance for the property upon application by the owner or authorized agent. Temporary or partial certificates of zoning compliance shall be valid for a period not to exceed six months, during which time all improvements required by town law must be made.

(b)

The administrator shall not issue any temporary or partial certificate of zoning compliance unless:

(1)

The site and building is in a safe and usable condition, free from conditions that might endanger the health, safety or welfare of persons using the site;

(2)

All site development requirements are substantially completed, but due to unavoidable delays such as adverse weather conditions, they cannot be entirely completed as required in a reasonable time;

(3)

The owner or authorized agent provides to the town a performance guarantee, requiring corrective action. This guarantee shall be payable to the town, in an amount determined by the town to be sufficient to ensure satisfactory completion of all improvements required and related to the development within six months from the date of issuance of the temporary or partial certificate of zoning compliance. The performance guarantee may be in the form of a cash escrow, cashier's check, or irrevocable letter of credit. The town attorney shall approve the form and language of any instrument submitted;

(4)

The administrator shall have the authority to waive the performance guarantee if the unfinished improvements have an estimated value of less than $500.00;

(5)

The administrator shall have the authority to grant an extension to the temporary certificate of zoning compliance, provided all performance guarantees remain in effect.

(Code 1996, § 114-205; Ord. of 2-10-2014, § 2)

Administrative review fees for permits and procedures specified by this article shall be established by the town council. A schedule of these fees is available in the department of planning and building.

(Code 1996, § 114-206; Ord. of 2-10-2014, § 2)

(a)

Notice and order. Upon finding that any provision of this chapter is being violated, the zoning administrator shall notify in writing the person responsible for such violation and order the remedy of any condition found to be in violation, including the discontinuance of illegal uses of land and buildings, the removal or bringing into compliance of illegal buildings, structures, additions and alterations, and the discontinuance of illegal work being done. Every notice of violation shall specify the provision of this chapter that is being violated, the remedy necessary to correct the violation and a reasonable time period within which the violation shall be corrected.

(b)

Right to appeal. Any written notice of a zoning violation or written order of the zoning administrator shall include a statement informing the recipient that he may have a right to appeal such notice or order to the board of zoning appeals within 30 days, and that the decision of the zoning administrator shall be final and unappealable if not appealed within such period. The appeal period shall not commence until such statement is given.

(Code 1996, § 114-218; Ord. of 2-10-2014, § 2)

Should notice of violation and order of remedy fail to result in correction of a violation within the time period specified in the notice, the zoning administrator shall have the authority to bring legal action to ensure compliance with this chapter, including injunction, abatement or other appropriate action or proceeding authorized under state laws.

(Code 1996, § 114-219; Ord. of 2-10-2014, § 2)

The zoning administrator shall provide to the town attorney a copy of every written notice and order involving a violation of this chapter. The town attorney shall advise and assist the zoning administrator in his efforts to obtain abatement of such violation.

(Code 1996, § 114-220; Ord. of 2-10-2014, § 2)

Any violation of the provisions of this chapter shall be a misdemeanor punishable upon conviction by a fine of not less than $10.00, nor more than $1,000.00, or such other penalty as may be prescribed.

(Code 1996, § 114-221; Ord. of 2-10-2014, § 2)

State Law reference— Authorized penalty, Code of Virginia, § 15.2-2286(A)5.

The purpose of site plan review is to provide sufficient plans and information for review and approval by the zoning administrator to ensure compliance with the regulations contained in this chapter and ensure that the purpose and intent of the chapter are met.

(Code 1996, § 114-207; Ord. of 2-10-2014, § 2)

Site plan review shall be required prior to issuance of any zoning permit, building permit or land disturbing permit for any of the following:

(1)

Construction of a new building, other than a single-family dwelling or two-family dwelling, or building or structure accessory thereto;

(2)

Enlargement of an existing building, other than a single-family dwelling or two-family dwelling, or building or structure accessory thereto, when such enlargement exceeds ten percent of the floor area of the building or 500 square feet, whichever is less;

(3)

Construction of a parking area for five or more vehicles, or any addition to or alteration of the arrangement or means of access to an existing parking area for five or more vehicles.

(Code 1996, § 114-208; Ord. of 2-10-2014, § 2)

Site plans shall be prepared by a professional engineer, certified land surveyor, licensed architect, certified landscape architect or other similarly qualified person, and in accordance with criteria established by the zoning administrator regarding scale, format and number of copies.

(Code 1996, § 114-209; Ord. of 2-10-2014, § 2)

Site plans shall contain the following information:

(1)

Location of the property by an insert vicinity map at appropriate scale;

(2)

Identification of the property by street address, tax parcel number and subdivision name, block and lot number;

(3)

North arrow, scale of plans, preparation date, revision dates and names, addresses and telephone numbers of preparer, owner and developer;

(4)

Existing zoning classification of and zoning district boundaries located on the property and adjoining properties;

(5)

Boundary survey of the property showing property lines, distances and bearings and existing and proposed easements and street right-of-way lines;

(6)

Width of existing streets, location and size of existing sanitary and storm sewers, culverts, curbs and gutters, water lines, gas lines and other utilities;

(7)

Floodplain and floodway boundaries, including base flood elevation, and watercourses and other prominent physical features of the property and of adjoining property;

(8)

Existing wooded areas on the property, and significant trees and other vegetated areas to be retained;

(9)

Existing topography of the property prior to grading, and proposed finished grades with contour intervals and spot elevations where needed;

(10)

Existing and proposed uses of land, buildings and structures, and the number and types of dwelling units on the property, where applicable, and the present uses of adjoining properties;

(11)

Locations, dimensions, height, number of floors and floor areas of proposed buildings and structures, existing buildings and structures to remain and additions or alterations to existing buildings and structures, including dimensions of yards and setbacks;

(12)

Entrances, driveways, parking and loading spaces, access aisles, fire lanes and other areas for vehicular circulation and related pedestrian walkways, including the arrangement, dimensions and surface improvements of such areas and a schedule showing numbers of parking spaces provided;

(13)

Schematic utilities and stormwater management plans showing the locations and sizes of proposed water, sewer, storm drainage and gas lines, other utility lines and all utility easements;

(14)

Locations, dimensions and functions of proposed recreation areas, open spaces and similar amenities and improvements, including pedestrian walkways;

(15)

Buffers, screening, fencing, major landscaping and similar features required by this chapter or other town ordinance, including location and improvement of trash receptacle areas;

(16)

Location, type, height and intensity of outdoor lighting, if provided;

(17)

Existing permanent signs to remain and proposed permanent signs, including location, lettering, dimensions, lighting, and means of attachment or support;

(18)

Any additional information deemed necessary by the zoning administrator to determine compliance with specific requirements of this chapter, other town ordinances, requirements of the state department of transportation or other applicable requirements.

(Code 1996, § 114-210; Ord. of 2-10-2014, § 2)

Required plans described in section 58-114 are intended in cases where extensive plans and information are necessary to determine compliance with the provisions of this chapter. With prior approval by the zoning administrator, particular information may be omitted from required plans when, due to the nature or limited scope of a development, the zoning administrator determines such information is not necessary for evaluation of the site plan or for maintaining a record of the matter.

(Code 1996, § 114-211; Ord. of 2-10-2014, § 2)

(a)

Submission. Each site plan shall be submitted to the zoning administrator, who shall review it for compliance with the applicable provisions of this chapter and other applicable requirements. The zoning administrator may circulate the site plan to such other officials or agencies as deemed necessary for review and comment prior to taking action.

(b)

Action by zoning administrator. The zoning administrator shall approve, approve with modifications or conditions, or disapprove the site plan within 30 days of receipt of all required plans and information, unless the applicant consents to a longer period. The zoning administrator shall notify the applicant in writing of the action taken. In the case of approval with modifications or conditions or disapproval of the site plan, such notification shall describe the modifications or conditions of approval or reasons for disapproval, including changes which would make the site plan acceptable. Such information may be provided by notations on the site plan.

(c)

Compliance with applicable requirements. All site plans approved by the zoning administrator shall comply with the district regulations, supplemental regulations and other applicable requirements of this chapter. The zoning administrator shall have no authority to waive such regulations or requirements unless specific authority to do so is set forth in this chapter.

(Code 1996, § 114-212; Ord. of 2-10-2014, § 2)

(a)

Minor modifications. Minor modifications to an approved site plan may be authorized in writing by the zoning administrator when such modifications comply with the requirements of this chapter and do not materially affect approvals granted or permits issued pursuant to the approved site plan. Any deviation from an approved site plan without the written approval of the zoning administrator shall void the site plan and require submission of a new site plan for consideration.

(b)

Major revisions. Major revisions to an approved site plan which, in the judgment of the zoning administrator, significantly alter the proposed development or materially affect approvals granted or permits issued pursuant to the approved site plan shall require that a new site plan be prepared and submitted for consideration.

(Code 1996, § 114-213; Ord. of 2-10-2014, § 2)

The zoning administrator shall have the authority to require execution of an agreement by the applicant to construct required or proposed improvements located within public rights-of-way or easements or connected to any public facility. The zoning administrator may require a performance guarantee or surety in form acceptable to the town attorney in the amount of the estimated cost of such improvements as determined by the applicant and verified by the zoning administrator.

(Code 1996, § 114-214; Ord. of 2-10-2014, § 2)

Failure to comply with an approved site plan or any conditions thereof shall constitute a violation of this chapter.

(Code 1996, § 114-215; Ord. of 2-10-2014, § 2)

An approved site plan shall be valid for a period of five years from the date of approval by the zoning administrator.

(Code 1996, § 114-216; Ord. of 2-10-2014, § 2)

Any person aggrieved by any decision of the zoning administrator or any other administrative official regarding action relative to a site plan may appeal such decision to the board of zoning appeals in accordance with the provisions of article II, division 5 of this chapter.

(Code 1996, § 114-217; Ord. of 2-10-2014, § 2)

The special use permit procedure is intended as a means for the town council, after review and recommendation by the planning commission, to authorize certain uses which, although generally appropriate in the district in which they are permitted, have potentially greater impacts on neighboring properties or the community in general than uses which are permitted by right. The special use permit procedure provides the opportunity for the town council to review each proposed special use and impose such conditions as reasonably necessary to ensure the use will be compatible with the surrounding area and will be consistent with the purposes of this chapter.

(Code 1996, § 114-232; Ord. of 2-10-2014, § 2)

(a)

When required. A use indicated as permitted subject to a special use permit in article III of this chapter shall be considered a special use, and shall be authorized only upon approval of a special use permit by the town council in accordance with the provisions of this article.

(b)

Relation to other permits. Zoning permits, certificates of zoning compliance, site plans and other reviews and approvals required by this chapter are required for special uses in the same manner as for other uses. No zoning permit or certificate of zoning compliance for a special use or for a building devoted to a special use shall be issued unless a special use permit has been approved.

(c)

Existing uses. A use lawfully existing at the effective date of the ordinance from which this chapter is derived or subsequent amendment thereto which is specified as a special use in the district in which it is located and for which no special use permit has been approved, shall not be considered a nonconforming use because of its classification as a special use. However, no zoning permit or certificate of zoning compliance or other approval involving expansion of such use or reconstruction, enlargement or moving a building devoted to such use shall be issued unless a special use permit is approved.

(Code 1996, § 114-233; Ord. of 2-10-2014, § 2)

(a)

Submission of applications. Applications for special use permits shall be submitted to the zoning administrator and may be filed by the owner of the property or, with the written consent of the owner, the contract purchaser of the property or an agent of the owner.

(b)

Applicant's report. Every application for a special use permit shall be accompanied by a report from the applicant describing the proposed special use and explaining the manner in which it complies with the requirements and standards of this article.

(c)

Content of plans. Every application for a special use permit shall be accompanied by plans, with such number of copies as determined by written policy of the zoning administrator, drawn to scale and showing the following:

(1)

Area, shape and dimensions of the property involved and existing and proposed street lines, easements, watercourses, drainageways and floodplains;

(2)

Existing and proposed uses of land, buildings and structures, and the number and types of dwelling units on the property, where applicable;

(3)

Dimensions and heights of proposed buildings, structures or additions, and existing buildings and structures to remain, and the dimensions of yards and setbacks with respect to property lines and existing and proposed street lines;

(4)

Elevation drawings of proposed buildings and structures and additions or modifications to the exterior of existing buildings and structures;

(5)

Existing and proposed driveways providing access to the site and the arrangement, dimensions and improvement of off-street parking and vehicular circulation areas;

(6)

Buffers, screening, fencing, major landscaping, pedestrian walkways and similar features, existing wooded areas, significant trees and other vegetated areas to be retained, location and improvement of trash receptacle areas and location, type, height and intensity of outdoor lighting, if provided;

(7)

Existing permanent signs to remain and proposed permanent signs, including location, lettering, dimensions, lighting, and means of attachment or support.

(d)

Waiver of plan elements or additional plans. The zoning administrator may waive plan elements that are unnecessary to determine compliance with this chapter or to maintain a record of the case. The zoning administrator may require such additional information as necessary to determine compliance with this chapter or to assist the planning commission and town council in evaluating potential impacts of a proposed special use.

(Code 1996, § 114-234; Ord. of 2-10-2014, § 2)

(a)

Review by zoning administrator. The zoning administrator shall review each application for a special use permit and forward the application to the planning commission. At such time as requested by the commission, the zoning administrator shall submit to it a report indicating the manner in which the proposed special use complies or does not comply with the provisions of this chapter and any recommendations the zoning administrator may have regarding approval, disapproval or suggested conditions or limitations to be attached.

(b)

Action by planning commission. The planning commission shall review each special use permit application for compliance with the provisions of this chapter and shall provide a recommendation to the town council in accordance with the following.

(1)

The commission shall give notice and hold at least one public hearing as required by Code of Virginia, § 15.2-2204. A joint public hearing may be held with the town council. The commission may continue any public hearing or, after closing a public hearing, the commission may continue the matter for consideration and action at a subsequent meeting, but shall not reopen the public hearing without giving additional notice.

(2)

After holding a public hearing, the commission may recommend approval or disapproval of the special use permit or that conditions be imposed to ensure compliance with requirements of this chapter. In making its recommendation, the commission shall consider at least the criteria specified in section 58-145.

(3)

Action by the commission shall be in the form of a motion, giving the reasons for its action and the vote of each member, and shall be recorded in the commission's records. Each motion and recommendation to the council shall include a statement of the relationship of the proposed use to the comprehensive plan.

(4)

In any case where the commission is unable to adopt a motion to recommend approval, approval with conditions or disapproval, it shall forward a written report to the council stating such fact and summarizing its discussions on the matter.

(5)

Failure of the commission to provide a recommendation or report to council within 100 days after the first meeting of the commission after the special use permit application was referred to the commission shall be considered a recommendation of approval, unless the application has been withdrawn by the applicant.

(c)

Action by town council. The town council shall take action on each special use permit application in accordance with the following:

(1)

The town council shall give public notice as required by Code of Virginia, § 15.2-2204, as amended, and shall hold at least one public hearing. A joint public hearing may be held with the planning commission.

(2)

After receiving the recommendation of the planning commission and after holding a public hearing, the town council may approve or disapprove the special use permit application and may impose conditions that it deems reasonable and necessary to ensure the special use will comply with the requirements of this chapter. Action of the town council shall be by resolution, which shall include the reasons for its action.

(3)

Conditions imposed in connection with any residential special use permit where affordable housing, as defined in Code of Virginia, § 15.2-2201, as amended, is proposed by the applicant shall be consistent with the objective of providing affordable housing. When imposing conditions on residential projects specifying materials and methods of construction or specific design features, the town council shall consider the impact of the conditions upon the affordability of housing.

(4)

The town council shall take action on every special use permit application within one application, unless the application is withdrawn by the applicant prior to expiration of such period. For purposes of this provision, the date of submission of an application shall be the date upon which the zoning administrator certifies that the application is complete.

(5)

The town council may require a guarantee or bond to ensure that conditions imposed will be satisfied.

(6)

The town council may specify a date for expiration of a special use permit as a condition of approval.

(Code 1996, § 114-235; Ord. of 2-10-2014, § 2)

A special use permit shall be approved by the town council only if it finds that the proposed special use and related plans:

(1)

Will not be contrary to the purposes of this chapter as stated in section 58-5;

(2)

Will not be in conflict with the objectives of the comprehensive plan for the town;

(3)

Conform with all applicable provisions of this article and all other applicable requirements of the district in which such use is located; and

(4)

Include satisfactory provision for or arrangement of the following, where applicable:

a.

Sewer, water and other public utilities;

b.

Ingress and egress, including access for fire and other emergency vehicles;

c.

Off-street parking, loading and vehicular circulation, including adequate consideration of the safety of motorists and pedestrians;

d.

Yards, open spaces, relationship among buildings and other elements of the site;

e.

Retention of natural vegetation and topographic features; and

f.

Landscaping, buffers, screening, fences and other features to protect adjacent properties from potential adverse effects of the special use.

(Code 1996, § 114-236; Ord. of 2-10-2014, § 2)

(a)

Minor modifications. Minor modifications to approved plans or building details of an approved special use permit may be authorized by the zoning administrator when such modifications do not alter the boundaries of the property; conflict with specific requirements of this chapter or conditions of the approved special use permit; significantly decrease the width or depth of any yard, setback or buffer area; or significantly alter points of access to the property or the internal arrangement of site plan elements.

(b)

Amendment. Any change to an approved special use permit other than a minor modification, as described in subsection (a) of this section, shall require an amendment subject to the same procedures and requirements as a new application.

(Code 1996, § 114-237; Ord. of 2-10-2014, § 2)

An approved special use permit shall become null and void if no application for a building permit to construct the authorized improvements has been submitted within one year of the date of approval by the town council. A special use permit for which no building permit is required shall become null and void if the use is not established within one council may specify a longer period in its approval of a special use permit.

(Code 1996, § 114-238; Ord. of 2-10-2014, § 2)

A special use permit shall run with the land, unless the town council imposes a more restrictive condition regarding succession of rights in conjunction with approval, provided that any use established pursuant to an approved special use permit shall not be reestablished if replaced by a different use or if discontinued for a continuous period of two years or longer.

(Code 1996, § 114-239; Ord. of 2-10-2014, § 2)

(a)

Violation of chapter. Failure to comply with approved plans or conditions of a special use permit shall constitute a violation of this chapter.

(b)

Revocation. Upon determination by the zoning administrator of any violation of a special use permit, such permit may be subject to revocation if the violation is not corrected within 90 days of written notice to the owner of the property by the zoning administrator. If the violation is not corrected within the specified time, and the zoning administrator is not satisfied that appropriate means are being taken to correct the violation, the town council shall have the authority to revoke the special use permit after notice and hearing as provided by Code of Virginia, § 15.2-2204, as amended.

(Code 1996, § 114-240; Ord. of 2-10-2014, § 2)

Whenever a special use permit application is denied, substantially the same application shall not be considered again by the town council within one year from the date of denial.

(Code 1996, § 114-241; Ord. of 2-10-2014, § 2)

Appeals from any decision of the town council regarding the special use permit may be taken to the circuit court by any aggrieved party in accordance with the provisions of Code of Virginia, § 15.2-2285, as amended.

(Code 1996, § 114-242; Ord. of 2-10-2014, § 2)

(a)

Within the districts established by this chapter, or amendments thereto, there exist lots, structures, uses of land and characteristics of use which were lawful before the ordinance from which this article was derived passed or amended, which will be nonconforming. Such nonconformities are hereby declared to be incompatible with the character of the districts in which they occur. Subject to the limitations set forth in this article, nonconforming uses, nonconforming features and nonconforming buildings may continue. It is the intent of this article that such continuance should not be indefinite and that the nonconformities shall gradually be removed. The terms "nonconforming use," "nonconforming feature" and "nonconforming building" shall have such meaning as specified in article I of this chapter pertaining to definitions. Where, at the effective date of the ordinance from which this article is derived or amendments thereto, lawful use exists of buildings, structures, or land, individually or in combination, which use is made no longer permissible under the terms of this article as enacted or amended, such use may be continued so long as the then existing or a more restricted use continues and it is not discontinued for more than two years, and so long as the nonconforming use does not undergo a change in character of the use in existence upon adoption of the zoning ordinance on February 10, 2014. Any nonconforming use that underwent or undergoes a change in character, after that point lost or loses its status as a legal nonconformity use under the ordinance adopted February 10, 2014; and, at that point constituted and constitutes a violation of this article and is not entitled to protection as a legal nonconforming use. Except as otherwise provided in this article, if buildings or structures in such nonconforming use be enlarged, extended, reconstructed or structurally altered, use thereafter shall conform to the regulations of the district in which they are located.

(b)

No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located. No additional buildings or structures shall be constructed to carry out or support the nonconforming use on the site.

(c)

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the effective date of the ordinance from which this article is derived, or amendment thereto, but no such use shall be extended to occupy any land outside such building, and no such extension shall cause a change in character of the use in existence upon the adoption of the zoning ordinance on February 10, 2014.

(d)

Nonconforming single-family dwellings. A single-family dwelling which is a nonconforming use in any district may be structurally altered and may be enlarged or extended, and a building or structure accessory thereto may be constructed, altered or enlarged, provided that in no case shall the total amount of floor area, including all enclosed space, unenclosed space and garage or carport space, be increased more than 500 square feet. No existing lot area, lot width or yard shall be reduced to less than required for single-family dwelling use in the R-3 District.

(e)

Any structure, or structure and land, in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which it is located, and the nonconforming use may not thereafter be resumed.

(f)

No nonconforming use shall be moved in whole or in part to any portion of the lot or parcel unoccupied by such use at the time of the adoption or subsequent amendment of the ordinance from which this article was derived. Where there is both a nonconforming structure and a nonconforming use with respect to the same structure, in case of conflict, the rules on nonconforming uses set out in this section shall apply.

(Code 1996, § 114-193; Ord. of 2-10-2014, § 2)

(a)

In any district in which single-unit dwellings are permitted, a single-unit dwelling and customary accessory building may be erected on any single undeveloped lot of record at the effective date of the ordinance from which this article is derived, or amendments thereto; but only if such lot cannot be combined with another adjoining undeveloped lot or lots under the same ownership in order to establish a lot or lots conforming to the requirements of this article.

(b)

This section shall apply even though such lot fails to meet the applicable zoning district requirements for area or frontage, or both, provided that all requirements, except area or frontage of the lot, or both, shall be complied with as for other residences in the same district. If two or more undeveloped lots or combinations of developed and undeveloped lots and portions of lots with continuous frontage under single ownership are of record at the effective date of the ordinance from which this article is derived or amendments thereto, and if all or parts of the lots do not meet the minimum requirements for lot frontage and area herein established, the lots involved shall be considered an undivided parcel for the purposes of this division, and no portion of such lots or parcels shall be used or sold in a manner to diminish compliance with the requirements of this division as to lot frontage and area.

(c)

If two or more lots or portions of lots with continuous frontage under single ownership are of record at the effective date of the ordinance from which this article is derived or amendments thereto, and if all or parts of the lots are required for the existing structure or structures to meet the minimum site development regulations herein established, the lots involved shall be considered an undivided parcel for the purposes of this division, and no portion of such lots or parcels shall be used or sold in a manner to diminish compliance with the requirements of this division.

(Code 1996, § 114-194; Ord. of 2-10-2014, § 2)

(a)

Nonconforming parking lots may continue to be used after a change in use of the structures they serve.

(b)

Additions to nonconforming parking lots shall conform to all requirements of article II, division 7 of this chapter.

(c)

Owners of nonconforming parking lots may make certain modifications to the parking lot, without bringing the parking lot into conformity with the requirements of article II, division 7 of this chapter, as follows:

(1)

Landscaping, provided that the required minimum number of parking spaces is preserved.

(2)

Resurfacing.

(3)

Any other modification to the parking lot, not exceeding 75 percent of the paved area of the parking lot.

(d)

The owner of an existing nonconforming gravel parking lot may use this parking lot in conjunction with the structure for which the parking lot was designed, where there is a change in use of the structure with no requirement for additional parking spaces. Where additional parking spaces are required, the new parking area shall conform to all requirements of this article.

(e)

If the owner of the gravel parking lot paves it, the owner shall bring the parking lot into conformity with all requirements of this division.

(Code 1996, § 114-195; Ord. of 2-10-2014, § 2)

(a)

Except where otherwise provided, in cases where signs existing as of the date of the adoption of the ordinance from which this article is derived exceed the total allowable sign area for the subject parcel, no additional signs shall be permitted thereon.

(b)

Maintenance. All nonconforming signs may be maintained and repainted but shall not be maintained in such a manner as to increase the degree of nonconformity. A nonconforming sign may be repaired provided it has not been damaged in excess of 50 percent of its replacement value. Any freestanding nonconforming sign may be modified so long as the proposed modification brings the nonconforming sign into structural conformity with the provisions of this division.

(c)

A permit shall be required for the repair or modification, including a change in sign faces, of any nonconforming sign. Sign faces or messages may be replaced on any nonconforming sign, provided no structural changes are required to make the replacement. A legal nonconforming sign structure or use representing a business, entity, or message that is no longer in existence constitutes a change in character of this structure or use. A sign shall be considered abandoned if the business for which the sign was erected has not been in operation for a period of at least two years. After a reasonable attempt to notify the property owner, the town may order the removal of the nonconforming, abandoned sign. The town through its own agents or employees may enter the property upon which the sign is located and remove any such sign whenever the owner has refused to do so. The cost of such removal shall be chargeable to the owner of the property. Nothing herein shall prevent the town from applying to a court of competent jurisdiction for an order requiring the removal of such abandoned nonconforming sign by the owner by means of injunction or other appropriate remedy.

(d)

Any nonconformity of an underlying use, structure, or lot shall not be ascribed to a sign pertaining to that use, structure, or lot. The conformity of the sign shall be determined independently of the determination of the conformity of the use, structure, or lot, to which the sign pertains. Any such sign shall be subject to the sign regulations of the zoning district in which the use is located.

(Code 1996, § 114-196; Ord. of 2-10-2014, § 2)

(a)

Damage not exceeding 50 percent of value. A building having a nonconforming feature or a building devoted to a nonconforming use which is damaged by fire, explosion, act of God or the public enemy to an extent not exceeding 50 percent of its most recent assessed taxable value may be restored, repaired, reconstructed and used as before the damage, provided that the degree or extent of any nonconforming feature that existed prior to the damage shall not be increased, and the area devoted to any nonconforming use prior to the damage shall not be increased. Restoration, repair, reconstruction or reuse shall be completed within two years of the date of damage.

(b)

Damage greater than 50 percent of value. Whenever a building having a nonconforming feature or a building devoted to a nonconforming use is damaged by any cause whatsoever to an extent greater than 50 percent of its most recent assessed taxable value, such building shall not be restored, repaired, reconstructed or used except in conformance with all of the applicable provisions of this chapter, except as may be authorized by the board of zoning appeals pursuant to section 58-310.

(Code 1996, § 114-197; Ord. of 2-10-2014, § 2)

If a nonconforming building or structure is destroyed or damaged by a natural disaster or other act of God, such building or structure may be repaired, rebuilt or replaced to eliminate or reduce the nonconforming features to the extent possible without the need to obtain a variance. If such structure or building is damaged greater than 50 percent and cannot be repaired, rebuilt or replaced except to restore it to its original nonconforming condition, the owner shall have the right to do so. The owner shall apply for a building permit and any work done to repair, rebuild or replace such building shall be in compliance with the provisions of the uniform statewide building code and any work done to repair, rebuild or replace such building shall be in compliance with the provisions of the town floodplain regulations. Unless such building or structure is repaired, rebuilt or replaced within two years of the date of the natural disaster or other act of God, such building shall only be repaired, rebuilt or replaced in full accordance with all the provisions of the zoning ordinance. However, if the nonconforming building is in an area under a federal disaster declaration and the building has been damaged or destroyed as a direct result of conditions that gave rise to the declaration, then the owner shall be given an additional two years for the building to be repaired, rebuilt or replaced as otherwise provided in this section. For the purposes of this section, owners of property damaged by accidental fire have the same rights to rebuild such property as if it were damaged by an act of God.

(Code 1996, § 114-198; Ord. of 2-10-2014, § 2; Ord. of 6-8-2015(1) , § IV)

(a)

Replacement with comparable manufactured home. A nonconforming manufactured home may be removed from property and replaced with another comparable manufactured home that meets the current HUD manufactured housing code. Such replacement manufactured home shall retain the nonconforming status of the prior manufactured home. For purposes of this section, the term "comparable" means that a single section manufactured home may be replaced with another single section manufactured home of approximately the same size that meets the current HUD manufactured housing code, and a multi-sectional manufactured home may be replaced with another multi-sectional manufactured home of approximately the same size that meets the current HUD manufactured housing code.

(b)

Special exception for replacement with manufactured home which is not comparable. The board of zoning appeals shall have the authority to grant a special exception as provided in article II, division 5 of this chapter for replacement of a manufactured home or mobile home which is a nonconforming use under the provisions of this chapter or which was otherwise existing at the effective date of the ordinance from which this article is derived, and which does not meet the current HUD manufactured housing code. The board may authorize such manufactured home to be replaced with a manufactured home which is not comparable in size to the original manufactured home, provided such replacement manufactured home meets the current HUD manufactured housing code, and provided further that any replacement manufactured home of 19 or more feet in width, shall be situated on a permanent foundation with full perimeter masonry skirting. Such replacement shall take place within 90 days of removal of the original manufactured home or mobile home. Before granting any such special exception, the board shall be satisfied from the evidence presented that the proposed replacement would result in the minimum deviation from the provisions of this chapter necessary to enable continued reasonable use of the property for manufactured home purposes. Whenever possible, the board shall require reduction in the degree or extent of nonconforming features and uses associated with the property. Before granting a special exception, the board shall receive testimony and make a finding that such replacement will not unreasonably impair light and air to adjoining property, will not impair established property values in the immediate area and will not otherwise be detrimental to the public health, safety and general welfare.

(Code 1996, § 114-199; Ord. of 2-10-2014, § 2)

Intermittent, temporary or illegal use of land or buildings shall not be construed to establish the existence of a nonconforming use for purposes of this article, except that a lawful seasonal use operated for at least two consecutive seasons immediately prior to adoption of the ordinance from which this article is derived or subsequent amendment thereto shall be considered a nonconforming use for seasonal purposes only, subject to all other provisions of this article.

(Code 1996, § 114-200; Ord. of 2-10-2014, § 2)

Pursuant to Code of Virginia, § 15.2-2308, as amended, there shall be a board of zoning appeals which shall consist of five members.

(Code 1996, § 114-243; Ord. of 2-10-2014, § 2)

(a)

Chairperson and vice-chairperson. The board shall elect from among its members a chairperson and a vice-chairperson who shall serve in the absence of the chairperson. The chairperson and vice-chairperson shall serve annual terms and may succeed themselves.

(b)

Secretary. The board shall elect a secretary who may be the zoning administrator or other qualified person who is not a member of the board. The secretary shall be responsible for preparing notices of hearings and minutes of meetings, keeping records, conducting official correspondence and such other duties as assigned by the board. The secretary shall not be entitled to vote on matters before the board.

(Code 1996, § 114-244; Ord. of 2-10-2014, § 2)

State Law reference— Officers, Code of Virginia, § 15.2-2308.

(a)

Rules. The board shall adopt such rules as it deems necessary for the conduct of its business consistent with the provisions of this article and Code of Virginia, title 15.2, as amended. Copies of such rules shall be available to the public.

(b)

Forms. The board shall see that standard forms are available for the filing of applications and appeals. Forms shall be provided to applicants by the zoning administrator.

(c)

Records. The board shall keep records of all its official actions, including minutes of its proceedings with the vote of each member on each question and the reasons of the board for each action taken. Minutes and records shall be public and shall be filed in the office of the board.

(d)

Annual report. The board shall submit an annual report of its activities to the town council with a copy to the planning commission.

(Code 1996, § 114-245; Ord. of 2-10-2014, § 2)

(a)

Regular meetings. The board shall, in accordance with its rules, schedule regular monthly meetings which shall be open to the public. The board may cancel any regular meeting if, by the filing deadline for applications and appeals to be heard at such meeting, there is no business to be brought before the board. The board may hold such other meetings as may be called by its chairperson or by a quorum of its members.

(b)

Public hearings. The board shall make no decision on any application or appeal until it has conducted a public hearing in accordance with this article, after giving public notice as required by Code of Virginia, § 15.2-2304, as amended. Such notice provisions shall be incorporated in or attached to the board's rules.

(c)

Quorum. A quorum of not less than three members of the board shall be required for the conduct of any hearing and the taking of any action.

(Code 1996, § 114-246; Ord. of 2-10-2014, § 2)

(a)

Who may file application. An application for a variance, interpretation of the official zoning map or special exception may be made by any property owner, tenant, government official, department, board or bureau, on forms provided for such purpose by the board and available from the zoning administrator.

(b)

Application procedure. Applications shall be submitted to the zoning administrator in accordance with rules adopted by the board. The application and accompanying maps, plans or other information shall be transmitted promptly to the secretary of the board who shall place the matter on the docket to be acted upon by the board, or if the zoning administrator serves as secretary of the board, he shall place the matter on the docket to be acted upon by the board. The zoning administrator shall transmit copies of all applications to the planning commission, which may send a recommendation to the board or appear as a party at the hearing.

(c)

Reconsideration of application. Substantially the same application for a variance, interpretation of the official zoning map or special exception which has been decided by the board shall not be considered again by the board within one year of the date of its decision, except that the board may, pursuant to its rules, reconsider an application if it finds that new or additional information is available which would have a direct bearing on the case and which could not reasonably have been presented at the initial hearing.

(Code 1996, § 114-254; Ord. of 2-10-2014, § 2)

(a)

Notice and hearing. No decision on any application or appeal shall be made by the board until it has conducted a public hearing after giving public notice, including newspaper advertisements and written notices to affected parties, as required by the provisions of Code of Virginia, § 15.2-2204, 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. The board shall fix a reasonable time for the hearing of an application or appeal, give the required public notice thereof, as well as due notice to the parties in interest, and decide the same within 90 days of the filing of the application or appeal.

(b)

Action by the board. In exercising its powers, the board may reverse or affirm, wholly or partly, or may modify an order, requirement, decision or determination appealed from. The concurring vote of not less than three members of the board shall be necessary to reverse any order, requirement, decision or determination of an administrative officer, or to decide in favor of the applicant in any matter upon which it is required to pass under this chapter, or to effect any variance from a provision of this chapter.

(c)

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

(Code 1996, § 114-255; Ord. of 2-10-2014, § 2)

A variance or special exception granted by the board shall lapse and be of no effect if, after the expiration of one year from the date of such action by the board, no construction or change in use pursuant to such variance or special exception has taken place, provided that the board may, for good cause shown, specify a longer period of time in conjunction with its action to grant a variance or special exception.

(Code 1996, § 114-256; Ord. of 2-10-2014, § 2)

The procedure for amendment of a variance or special exception granted by the board, including any changes in the conditions attached thereto, shall be the same as for a new application.

(Code 1996, § 114-257; Ord. of 2-10-2014, § 2)

Decisions of the board shall be administered and enforced by the zoning administrator. Noncompliance with any action taken by the board, including conditions imposed by the board, shall constitute a violation of the provisions of this chapter.

(Code 1996, § 114-258; Ord. of 2-10-2014, § 2)

(a)

A petition on behalf of a property owner to change the zoning classification of property shall be in the form of an application for rezoning addressed to the town council and filed with the zoning administrator. The application shall be accompanied by the required fee and a certified plat of the property proposed to be rezoned. The application shall include indication of the current and proposed zoning classification of the property and a statement of the applicant's reasons for requesting rezoning.

(b)

The zoning administrator shall review the application for compliance with the requirements of this section. When the zoning administrator is satisfied that submission requirements are met, the application shall be forwarded to the town council, with a copy to the planning commission. The town council shall cause an ordinance to be prepared for its consideration of the rezoning application.

(Code 1996, § 114-262; Ord. of 2-10-2014, § 2)

(a)

No amendment to this chapter shall be acted upon by the town council unless it has been referred to the planning commission for its review and recommendation in accordance with this section.

(1)

Public notice and hearing. Before taking action on any amendment, the planning commission shall give public notice and hold at least one public hearing as required by Code of Virginia, § 15.2-2204, as amended. A joint public hearing may be held with the town council. The commission may continue any public hearing or, after closing a public hearing, the commission may continue the matter for further consideration at a subsequent meeting, but shall not reopen the public hearing without giving additional notice.

(2)

Report of zoning administrator. The zoning administrator shall submit a written report and recommendation to the commission prior to its action.

(3)

Recommendation of commission. The commission may recommend that the town council adopt or reject the amendment or may recommend changes in the amendment. In making its recommendation, the commission shall consider at least the matters listed in section 58-6. Failure of the commission to consider the amendment and report to the council within 100 days after the first regular meeting of the commission after the amendment was referred to it by the council, shall be considered a recommendation of approval, unless the application has been withdrawn by the applicant.

(4)

Form of action by commission. Action by the commission shall be in the form of a motion, giving the reasons for the action and the vote of each member. All actions shall be recorded in the commission's records. Each recommendation to the council shall include a statement of the relationship of the proposed rezoning to the comprehensive plan.

(b)

In any case where the commission is unable to adopt a motion to recommend approval or disapproval, it shall forward a written report to the council stating such fact and summarizing its deliberations on the matter.

(Code 1996, § 114-263; Ord. of 2-10-2014, § 2)

The town council shall take final action on all proposed amendments in accordance with the following provisions:

(1)

Public notice and hearing. Before taking action on any ordinance to amend this chapter, the town council shall give public notice as required by Code of Virginia, § 15.2-2204, as amended, and shall hold at least one public hearing on the proposed amendment. A joint public hearing may be held with the planning commission. In the case of a proposed amendment to the zoning map, the public notice shall state the general usage and density range of the proposed amendment and the general usage and density range, if any, set forth in the applicable part of the comprehensive plan for the property involved.

(2)

Final action. After receiving a report from the planning commission and after giving notice and holding a public hearing, the town council may adopt or reject the proposed amendment, or may make appropriate changes to the amendment, provided that no land may be zoned to a more intensive use classification nor shall a greater area of land be rezoned than was described in the public notice without referral to the planning commission and an additional public hearing after public notice as required by Code of Virginia, § 15.2-2204, as amended.

(3)

Continuance or withdrawal. Final action on any proposed amendment may be continued by the town council for good cause, provided that all resolutions, motions or petitions for amendments shall be acted upon by the council within one year of the date of the resolution, motion or petition. This provision shall not apply if the petitioner requests or consents in writing to action beyond such period or if a petition is withdrawn by providing written notice to the council.

(Code 1996, § 114-264; Ord. of 2-10-2014, § 2)

Whenever a rezoning application is denied, substantially the same application shall not be considered again by the town council within one year from the date of denial, except:

(1)

When a new application, although involving all or a portion of the same property, is for a different zoning classification than the original application; or

(2)

When a new application is submitted after a finding by the town council that conditions or circumstances that provided the basis for denial of the original application have changed to an extent sufficient to justify reconsideration.

(Code 1996, § 114-265; Ord. of 2-10-2014, § 2)

(a)

Pursuant to applicable provisions of Code of Virginia, §§ 15.2-2296—15.2-2300, as amended, the purpose of conditional zoning is to recognize that frequently, where competing and incompatible uses conflict, traditional zoning methods and procedures are inadequate, and that in such cases more flexible and adaptable zoning methods are needed to permit differing land uses, and at the same time to recognize the effects of change.

(b)

It is, therefore, the intent of this division to provide a more flexible and adaptable zoning method to cope with such situations, whereby a change in the zoning classification of property may be allowed subject to certain conditions proffered by the petitioner for the protection of the community that are not generally applicable to land similarly zoned. It is the intent of the town council that the provisions of this division shall not be used for the purpose of discrimination in housing.

(Code 1996, § 114-266; Ord. of 2-10-2014, § 2)

(a)

Conditions may be proffered. In conjunction with an application for rezoning of property and as a part of a proposed amendment to the zoning map, as described in subdivision I of this division, the owner of such property may voluntarily proffer in writing reasonable conditions in addition to the regulations specified for the zoning district by this chapter, provided such conditions meet the criteria in this division.

(b)

Submission of conditions. The owner may submit such conditions at the time of submission of the application for rezoning or at any other time before the planning commission makes its recommendation on the application to the town council. The planning commission and the town council shall not be obligated to accept any or all proffered conditions.

(c)

Modifications to conditions. In the event additions, deletions or other modifications to conditions are desired by the owner of the property that is the subject of the rezoning request, they shall be made in writing to the planning commission before the commission makes its recommendation to the town council. The town council may consider additional conditions, deletions or modifications to conditions after the planning commission makes its recommendation, provided that such are voluntarily proffered in writing prior to the public hearing at which the town council is to consider the application for rezoning. In any case where modifications to conditions are proposed after the planning commission makes its recommendation, the town council may refer the rezoning application back to the commission for further review and action.

(Code 1996, § 114-267; Ord. of 2-10-2014, § 2)

(a)

Criteria for proffered conditions. All conditions proffered shall meet the following criteria:

(1)

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

(2)

The conditions shall have a reasonable relation to the rezoning.

(3)

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

(4)

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 Code of Virginia, § 15.2-2241, as amended.

(5)

The conditions shall not include a requirement that the applicant create a property owners' association under the Property Owners' Association Act (Code of Virginia, § 55.1-1800 et seq.) which includes an express further condition that members of a property owners' association pay an assessment for the maintenance of public facilities owned in fee by a public entity, including open space, parks, schools, fire departments and other public facilities not otherwise provided for in Code of Virginia, § 15.2-2241; however, such facilities shall not include sidewalks, special street signs or markers, or special street lighting in public rights-of-way not maintained by the department of transportation.

(6)

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

(7)

The conditions shall be related to the physical development or physical operation of the property.

(8)

The conditions shall be in conformity with the town's comprehensive plan.

(9)

The conditions shall not be less restrictive than the provisions of this chapter, and shall not require or permit a standard that is less than required by any law.

(10)

The conditions shall be drafted in such manner as to be clearly understandable and enforceable.

(b)

Subsequent amendment to the zoning map. Once proffered and accepted as part of an amendment to the zoning map, the conditions shall continue in effect until a subsequent amendment changes the zoning on the property covered by the conditions, provided that the conditions shall continue in effect if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance.

(c)

Future amendments in case of certain proffers. In the event proffered conditions include a requirement for the dedication of real property of substantial value or construction of substantial public improvements, the need for which is not generated solely by the rezoning itself, then no amendments to the zoning map for the property subject to such conditions, nor the conditions themselves, nor any amendments to the text of the zoning ordinance with respect to the zoning district applicable thereto initiated by the governing body, which eliminate, or materially restrict, reduce, or modify the uses, the floor area ratio, or the density of use permitted in the zoning district applicable to such property, shall be effective with respect to such property unless there has been mistake, fraud, or a change in circumstances substantially affecting the public health, safety, or welfare.

(Code 1996, § 114-268; Ord. of 2-10-2014, § 2)

State Law reference— Permitted conditions, Code of Virginia, § 15.2-2297.