Staunton City Zoning Code
Division IV
ADMINISTRATION AND ENFORCEMENT
§ 18.195.010 Designation of zoning administrator – Powers and duties – Authority.
(1)
The provisions of this title shall be administered by the zoning administrator or designee as zoning administrator who shall be appointed by city council and is authorized and empowered on behalf of and in the name of the city council to administer and enforce the provisions and requirements of this title.
(2)
The zoning administrator may also hold another office for the city of Staunton.
(3)
The zoning administrator shall have all necessary authority on behalf of the city council to administer and enforce this title. This authority includes, but is not limited to:
(a)
Interpreting this title and the official zoning map;
(b)
The ordering in writing of the remedying of any condition found in violation of this title;
(c)
Ensuring compliance with this title, bringing legal action, including injunction, abatement, or other appropriate action or proceeding, subject to appeal pursuant to Section 15.2-2311 of the Code of Virginia;
(d)
In specific cases, make findings of fact and, with concurrence of the city attorney, conclusions of law regarding determination of rights regarding vested rights and nonconforming uses in accordance with Section 15.2-2307 or subsection C of Section 15.2-2311 of the Code of Virginia;
(e)
Issuing and renewing where applicable all temporary use permits and making and maintaining records thereof;
(f)
Maintaining and keeping current zoning maps and records of amendments thereto;
(g)
Conducting inspections as prescribed by this title and such other inspections as are necessary to ensure compliance with the various provisions of this title;
(h)
In addition to any other site plan requirement established in the city code, as may be determined necessary, requiring a site plan to be filed in order to demonstrate compliance with all provisions of this title; and
(i)
Taking such other action as may be authorized by law.
(4)
The zoning administrator shall respond within 90 days of a request for a decision or determination on zoning matters within the scope of his authority unless the requester has agreed to a longer period.
(5)
The zoning administrator is vested with all necessary authority on behalf of the city council to administer and enforce conditions attached to a rezoning, an amendment to a zoning map, or a special use permit in the same manner as described above for any violation of this title.
(6)
Failure to comply with this title shall constitute cause for the zoning administrator to deny the issuance of any of the required use, occupancy, or building permits as may be appropriate.
(Zoning ordinance Art. 7 § 1; Ord. 2011-08; Ord. 2017-03; Ord. 2022-27)
§ 18.195.020 Board of zoning appeals.
(1)
The establishment of the Staunton board of zoning appeals, hereafter referred to as the "board," is hereby established. The board shall be composed of five residents of Staunton who are not members of any governing body. The members shall be appointed by the circuit court. Each board member appointed shall serve for a term of five years and be removable for cause as provided by law. Vacancies shall be filled by the appointing authority for the unexpired term of any member whose office becomes vacant.
(2)
The board shall elect a chairman from its membership, shall appoint a secretary, and shall prescribe rules for the conduct of its affairs. The board shall meet at the call of the chairman, and at such other times as the board may determine, at a fixed time and place. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. It shall have power to call on any other city departments for assistance in the performance of its duties, and it shall be the duty of such other departments to render all such assistance as may be reasonably required consistent with law.
(3)
Powers of the Board of Zoning Appeals. The board, to the extent authorized by provisions of the Virginia Code, has the authority to compel the attendance of witnesses at hearings and to administer oaths, and it shall have the powers and duties as otherwise prescribed by law.
(Zoning ordinance Art. 7 § 1; Ord. 2009-04)
§ 18.195.030 Planning commission.
The planning commission shall:
(1)
Establish such rules of procedure as are necessary to the performance of its functions hereunder.
(2)
Review all applications for uses permitted on review in accordance with Chapter 18.210 SCC and this division.
(3)
Study and report on all proposed amendments to this title; further, review annually this title and, on the basis of such review, suggest amendments thereto.
(Zoning ordinance Art. 7 § 1; Ord. 2009-04)
§ 18.195.040 Payment of delinquent taxes required.
(1)
Prior to the initiation of any application hereunder for any special exception, special-use permit, variance, rezoning, plat approval, or any other land-use permit, including building permits or certificates of occupancy, the applicant shall produce satisfactory evidence that any delinquent real estate taxes owed to the city, which have been properly assessed against the subject property, have been paid.
(2)
The foregoing requirement shall not be applicable to any rezoning of real property initiated by the planning commission or by the city council. (Zoning ordinance Art. 7, § 1).
§ 18.200.010 Variances.
(1)
A variance from the Staunton City Code may be granted to allow, in accordance with the Code of Virginia, certain reasonable deviations from those provisions of the ordinance regulating the shape or area of a lot or parcel of land or the size, height, area, bulk, or location of a building or restrict the utilization of the property, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the purpose of the ordinance.
(2)
Standards for Variances. The applicant for a variance has the burden of proof to prove by a preponderance of the evidence that the application meets the standards for a variance set forth in the Code of Virginia, and a variance permit shall be granted if the evidence shows that all of the following criteria are met:
(a)
The strict application of the terms of the zoning code would unreasonably restrict the utilization of the property or the granting of the variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time of the effective date of the zoning code; or alleviate a hardship by granting a reasonable modification to a property or improvements thereon requested by, or on behalf of, a person with a disability; and
(b)
The property interest for which the variance is requested was acquired in good faith and any hardship was not created by the applicant for the variance; and
(c)
The granting of the variance will not be of substantial detriment to the adjacent property and nearby properties in the proximity of that geographical area; and
(d)
The condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the zoning code; and
(e)
The granting of the variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification of the property; and
(f)
The relief or remedy sought by the variance application is not available through a special exception process that is authorized in the zoning code pursuant to subdivision 6 of Section 15.2309 of the Code of Virginia or the process for modification of a zoning ordinance pursuant to subdivision A4 of Section 15.2-2286 of the Code of Virginia at the time of the filing of the variance application; and
(g)
Variances shall not be granted to allow a use otherwise excluded from the particular district in which requested. No provision of this zoning code shall be construed as granting the board the power to rezone land or to base board decisions on the merits of the purpose and intent of local ordinances duly adopted by council; and
(h)
Any variance authorized under the provisions of this chapter shall be the minimum adjustment necessary for the reasonable use of the land; and
(i)
No variance permit shall be granted to any standard or requirement of any other part of the Staunton City Code; and
(j)
A variance shall not be granted that allows a principal or accessory building to exceed applicable maximum size standards set out in the zoning code; and
(k)
Any variance granted to provide a reasonable modification to a property or improvements thereon requested by, or on behalf of, a person with a disability may expire when the person benefited by it is no longer in need of the modification to such property or improvements provided by the variance, subject to the provisions of state and federal fair housing laws, or the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12131 et seq.), as applicable. If a request for a reasonable modification is made and is appropriate under the provisions of state and federal fair housing laws, or the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12131 et seq.), as applicable, such request shall be granted unless a variance from the board of zoning appeals under this section is required in order for such request to be granted.
(3)
Procedural Requirements for Granting of a Variance.
(a)
Before the board shall have the authority to grant a variance, it shall give notice of and hold a public hearing pursuant to the requirements of the Code of Virginia; provided, that when giving notice to the owners, etc., immediately across the street or road from the property affected, the board may give such notice by first class mail;
(b)
The applicant claiming the variance has the burden of showing by a preponderance of evidence that the standards for variances set out in subsection (2) of this section have been met;
(c)
Any materials relating to a particular case, including a staff recommendation or report furnished to a member of the board, shall be made available without cost to such applicant as soon as practicable thereafter, but in no event more than three business days of providing such materials to a board member. If the applicant requests additional documents or materials to be provided by the city other than those materials provided to the board, such request shall be made pursuant to Section 2.2-3704 of the Code of Virginia. Any such materials furnished to a board member shall also be made available for public inspection pursuant to Section 2.2-3707.F of the Code of Virginia;
(d)
The nonlegal staff of the city may have ex parte communications with a member of the board prior to the hearing but may not discuss the facts or law relative to a particular case. The applicant, landowner or the applicant's agent or attorney may have ex parte communications with a member of the board prior to the hearing but may not discuss the facts or law relative to the particular case. If any ex parte discussion of facts or law in fact occurs, the party engaging in such communication shall inform the other party as soon as practicable and advise the other party of the substance of such communication. For purposes of this section, regardless of whether all parties participate, ex parte communications shall not include discussions as part of a public meeting, or discussions prior to a public meeting to which city staff, the applicant, landowner or his agent or attorney are all invited, including a view of the property. For purposes of this section, "nonlegal staff of the city" means any staff who is not in the office of the attorney for the city, or for the board, or who is appointed by special law pursuant to Section 15.2-1542 of the Code of Virginia. Nothing in this section shall preclude the board from having ex parte communications with any attorney or staff of any attorney where such communications are protected by the attorney-client privilege or other similar privilege or protection of confidentiality.
(Zoning ordinance Art. 7 § 2; Ord. 2016-15; Ord. 2018-27)
§ 18.200.020 Appeal of the zoning administrator's decision to the board of zoning appeals.
(1)
Power of Board of Zoning Appeals. 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 the Staunton Zoning Code. The decision on such appeal shall be based on the board's judgment of whether the administrative officer was correct. The determination of the administrative officer shall be presumed to be correct.
(2)
Hearing. At a hearing on an appeal, the zoning administrator or designee shall explain the basis for the appeal determination after which the appellant has the burden of proof to rebut such presumption of correctness by a preponderance of the evidence.
(3)
Consideration. The board shall consider any applicable ordinances, law and regulations in making its decision.
(4)
Compliance. Any appeal of a determination of the zoning administrator to the board shall be in compliance with Virginia law, notwithstanding any other provision of law, general or special.
(5)
Short-Term, Recurring Violations. The appeal period for notice of violations for short-term, recurring violations involving temporary or seasonal commercial uses, parking of commercial trucks in residential zoning districts, maximum occupancy limitations of residential dwelling unit, or similar violations, shall be 10 days.
(Zoning ordinance Art. 7 § 2; Ord. 2009-04; Ord. 2016-15)
§ 18.200.030 Court review of board of zoning appeals decisions.
(1)
Petition. Any person or persons jointly or severally aggrieved by any decision of the board of zoning appeals, or any aggrieved taxpayer or any officer, department, board or bureau of the locality, may file with the clerk of the circuit court for the city a petition specifying the grounds on which aggrieved within 30 days after the final decision of the board of zoning appeals. The petition shall be styled "In re: [date] Decision of the Board of Zoning Appeals of the City of Staunton."
(2)
Court Procedures. Upon the presentation of such petition, the court shall allow a writ of certiorari to review the decision of the board of zoning appeals and shall prescribe therein the time within which a return thereto must be made and served on the clerk of the board, or if no secretary exists, the chair of the board, which shall not be less than 10 days and may be extended by the court and otherwise proceed in accordance with law. Any review of decision of the board shall not be considered an action against the board and the board shall not be a party to the proceedings.
(3)
Costs. Costs shall not be allowed against the board unless it shall appear to the court that the board acted in bad faith or with malice in making the decision appealed from.
(Zoning ordinance Art. 7 § 2; Ord. 2016-15)
§ 18.200.040 Standards for variances.
Repealed by Ord. 2016-15. (Zoning ordinance Art. 7, § 2).
§ 18.200.050 Requirements for the granting of a variance.
Repealed by Ord. 2016-15. (Zoning ordinance Art. 7, § 2).
§ 18.200.060 Court review of board of zoning appeals decision.
Repealed by Ord. 2016-15.
(Zoning ordinance Art. 7 § 2; Ord. 2009-04)
§ 18.205.010 Certificate required.
No new building shall be occupied and no change in occupancy of a building, or part of a building, shall be made until after the building official shall have issued a certificate of occupancy therefor, as regulated in this title. (Zoning ordinance Art. 7, § 3).
§ 18.210.010 Purpose.
The following procedure is established to integrate properly in uses permitted on review with other land uses located in the district. These uses shall be reviewed by the planning commission and authorized or rejected by the city council under the following procedures. (Zoning ordinance Art. 7, § 4).
§ 18.210.020 Application.
An application shall be filed with the planning commission for review. Said application shall show the location and intended use of the site, the names of the property owners and existing land uses within 200 feet, and any other material pertinent to the request which the planning commission may require. (Zoning ordinance Art. 7, § 4).
§ 18.210.030 Public hearing.
Upon application, the planning commission shall give a 10-day notification of a public hearing. Such notice of time and place of such hearing shall be published in a daily paper of general circulation. (Zoning ordinance Art. 7, § 4).
§ 18.210.040 Restrictions.
In the exercise of its review, the planning commission may impose such conditions regarding the location, character, or other features of the proposed use or buildings as it may deem advisable in the furtherance of the general purposes of this title. (Zoning ordinance Art. 7, § 4).
§ 18.210.050 Issuance of permit.
Upon completion of the necessary application, hearing, and approval of the city council, the building official shall issue the building permit subject to all applicable rules, regulations, and conditions. (Zoning ordinance Art. 7, § 4).
§ 18.210.060 Validity of plans.
All approved plans, conditions, restrictions, and rules made a part of the approval of the city council, shall constitute certification on the part of the applicant that the proposed use shall conform to such regulations at all times. (Zoning ordinance Art. 7, § 4).
§ 18.210.070 Time limit and notification.
All applications for uses permitted on review shall be decided within 45 days of the date of application and the applicant shall be provided with either a written notice of approval or denial. (Zoning ordinance Art. 7, § 4).
§ 18.215.010 General provision.
The regulations, restrictions, boundaries, and options set forth in this title may be amended, supplemented, revised, or repealed from time to time as conditions warrant, subject to the following conditions. (Zoning ordinance Art. 7, § 5).
§ 18.215.020 Application.
(1)
An application for a proposed amendment or rezoning shall be filed with the planning commission.
(2)
An application, except as provided in subsection (3) of this section, may be initiated by resolution of the governing body; by motion of the local planning commission; or by petition of the owner, contract purchaser with the owner's written consent, or the owner's agent therefor, of the property which is the subject of the proposed zoning map amendment, addressed to the governing body or the local planning commission, who shall forward such petition to the governing body.
(3)
An application for conditional zoning may be made by a property owner(s) or his designated representative. Said application shall be in writing, signed by the property owner(s) placing certain conditions and restrictions on the use and development of the property of that property owner(s) in addition to the regulations provided for in the zoning district.
(Zoning ordinance Art. 7 § 5; Ord. 2021-21)
§ 18.215.030 Public hearing.
On application, the planning commission shall schedule a hearing having first given notice of such intention published once a week for two successive weeks in a daily newspaper of general circulation in the city. Such notice shall specify the time (five to 10 days of the final publication of the paper) and the place of the hearing at which persons affected may appear and present their views.
Except upon application of a property owner or his agent, when a proposed amendment of this title involves a change in the zoning classification of 25 or less parcels of land, then in addition to the advertising as above required, written notice shall be given at least five days before the hearing to the owner or owners, their agent, or the occupant, of all abutting property and property immediately across the street or road from the property affected. Notice sent by registered or certified mail to the last known address of such owner, as shown on the current real estate tax assessment books, shall be deemed adequate compliance with this requirement.
The planning commission shall consider and make recommendations on all proposed amendments, taking into account the testimony at the hearing, a site inspection of the property in question, the recommendations from the health department or other official bodies, and the standards provided for amendments. (Zoning ordinance Art. 7, § 5).
§ 18.215.040 Report to the city council.
The planning commission shall make a report to the city council upon all such applications and no amendment shall be passed except by a majority vote of the entire membership of the city council. Nothing herein is intended nor shall it be taken to abridge or in any way limit the power of the council to amend this title on its own motion without prior submission of the amendment to the planning commission. (Zoning ordinance Art. 7, § 5).
§ 18.215.050 Time limit.
All amendments initiated by application filed with the planning commission shall be finally acted upon by council within 60 days following the date of the public hearing, provided for in SCC § 18.215.030, and failure of the council finally to act upon any proposal within the said 60-day period, shall be in all respects equivalent to rejection thereof. The Staunton city council shall not consider an application to amend the zoning of a parcel of land or uses permitted on review for a period of a year from the date of first action on a prior application, if such application relates to an amendment to the same zoning or permitted use on review as applied for in the previous application. (Zoning ordinance Art. 7, § 5).
§ 18.215.060 Proposed amendment.
A proposed amendment shall be considered on its own merit using the following criteria as a guide:
(1)
Text or Map Amendments. The following conditions shall be met for all amendments:
(a)
The proposed amendment shall be necessary because of substantially changed or changing conditions of the area and districts affected, or in the city generally.
(b)
The proposed amendment shall be consistent with the intent and purpose of this title.
(c)
The proposed amendment shall not adversely affect any other part of the city, nor shall any direct or indirect adverse effects results from such amendment.
(d)
The proposed amendment shall be consistent with and not in conflict with Staunton's master plan.
(2)
No new zoning district shall be created to contain an area of less than four acres. The four acres need not be under common ownership.
(3)
Errors or oversights as may be found in the title as originally adopted shall be corrected under normal amendment procedures. (Zoning ordinance Art. 7, § 5).
§ 18.215.070 Conditional zoning.
An application for conditional zoning shall be considered and administered in accordance with Sections 15.2-2296 through 15.2-2303.4 of the Code of Virginia, 1950, as amended, and said sections are incorporated herein as a part hereof to the same extent and purpose as though such sections were herein set out in full. The administrator is hereby vested with all necessary authority to administer and enforce such conditions and restrictions.
(Zoning ordinance Art. 7 § 5; Ord. 2018-28)
§ 18.220.010 Procedure.
Fees shall be established by the planning commission with approval of the city council. (Zoning ordinance Art. 7, § 6).
§ 18.220.020 Fees established.
(1)
The fees for the following applications or permits are as follows:
Special use permit or rezoning application fee | $250.00 |
Site plan submittal or resubmittal | $200.00 |
Zoning official determination letter | $75.00 |
Variance application or appeal to BZA | $200.00 |
Zoning permit fee | $50.00 |
(2)
Projects by and on property owned and operated by the city of Staunton, Virginia, or the school board of the city of Staunton, Virginia, shall be exempt from such zoning-related fees.
(Zoning ordinance Art. 7 § 6; Ord. 2005-12; Ord. 2010-07; Ord. 2019-05)
§ 18.225.010 Penalty.
It shall be unlawful to erect, construct, reconstruct, alter, maintain, or use any building or structure, or to use any land in violation of any regulation in this title. Any person, firm, association, or corporation who violates, disobeys, omits, neglects, or refuses to comply with, or resists the enforcement of, any of the provisions of this title shall, upon conviction thereof, be subject to a fine of $50.00, together with the cost of the action; every day of violation shall constitute a separate offense. Compliance therewith may also be enforced in an injunctional order at the suit of the city, or the owner or owners of real estate within the district affected by the regulation of this title. (Zoning ordinance Art. 7, § 7).
§ 18.230.010 Conflicts with other laws.
In the interpretation and application of the provisions of this title, these provisions shall be held to be minimum requirements, adopted for the promotion of the public health, morals, safety, and the general welfare. Whenever the requirements of this title are at variance with the requirements of other lawfully adopted rules, regulations, or codes, the most restrictive, or that imposing the higher standards, shall govern. (Zoning ordinance Art. 7, § 8).
