The zoning administrator is the designated official authorized by the board of supervisors to enforce the requirements and stipulations of this chapter. If the zoning administrator shall find that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings or structures or of illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.

(Code 1991, § 16-271; Ord. of 11-18-1988, § 12-1)

State Law reference— Zoning administrator authorized, Code of Virginia, § 15.2-2286(A)(4).

(a)

Buildings or structures shall be started, reconstructed, enlarged or altered only after a zoning permit has been obtained from the zoning administrator.

(b)

The planning commission may require a review of the zoning permit approved by the zoning administrator, in order to determine if the contemplated use is in accordance with the district in which the construction lies.

(c)

Each application for a zoning permit shall be accompanied by three copies of a scale drawing. The drawings shall show the size and shape of the parcel of land on which the proposed building is to be constructed, the nature of the proposed use of the building or land and the location of such building or use, with respect to the property lines of such parcel of land to the right-of-way of any street or highway adjoining such parcel of land. Any other information which the zoning administrator may deem necessary for consideration of the application may be required. If the proposed building or use is in conformity with the provisions of this chapter, a permit shall be issued to the applicant by the zoning administrator. One copy of the drawing shall be returned to the applicant with the permit.

(Code 1991, § 16-272; Ord. of 11-18-1988, § 12-2-1)

Land may be used or occupied and buildings structurally altered or erected may be used, or changed in use, only after a certificate of occupancy has been issued by the building official. Such a permit shall state that the building or the proposed use, or the use of the land, complies with the provisions of this chapter. A certificate of occupancy either for the whole or part of a building shall be applied for simultaneously with the application for a zoning permit. The certificate shall be issued within ten days after the erection or structural alteration of such building or part has conformed with the provisions of this chapter.

(Code 1991, § 16-273; Ord. of 11-18-1988, § 12-2-2)

No conditional use permit shall be heard except after public notice and a hearing, as provided by Code of Virginia, § 15.2-2204. The zoning administrator will be responsible for placing such notice in the newspaper and specifying the time, place, section and plat in question, the applicant's name and general description of the remedy sought.

(Code 1991, § 16-274)

Where permitted by this chapter, the location of manufactured/mobile home parks, sanitary landfills, multi-family dwellings, livestock operations, adult entertainment establishments and other permitted uses shall require, in addition to the zoning permit and certificate of occupancy, a conditional use permit. These permits shall be reviewed by the county planning commission and subject to such conditions as the board of supervisors deem necessary to carry out the intent of this chapter.

(Code 1991, § 16-275; Ord. of 11-18-1988, § 12-2-4; Res. of 1-2-1993)

Whenever there shall be plans in existence, approved by either the state department of transportation or by the board of supervisors, for the widening of any street or highway, the commission may recommend additional front yard setbacks for any new construction or for any structures altered or remodeled adjacent to the future planned right-of-way, in order to preserve and protect the right-of-way for such proposed street or highway widening.

(Code 1991, § 16-276; Ord. of 11-18-1988, § 12-3-1)

Wherever general advertising signs are permitted by this chapter, they shall be subject to the size, spacing and lighting regulations established by the commonwealth transportation board for such signs adjacent to non-freeway, federal-aid, primary routes.

(Code 1991, § 16-277; Ord. of 11-18-1988, § 12-3-2)

Any use permitted by this chapter shall comply with all appropriate state and federal permitting requirements.

(Code 1991, § 16-271; Ord. of 11-18-1988, § 12-3-3)

(a)

Nothing contained herein shall require any changes in the plans or construction of any building or structure for which a permit was granted prior to the effective date of the ordinance from which this chapter is derived. However, such construction must commence within 31 days or one month after the ordinance from which this chapter is derived becomes effective. If construction is discontinued for a period of six months or more, further construction shall be in conformity with the provisions of this chapter for the district in which the operation is located.

(b)

Unless district boundary lines are fixed by dimensions or otherwise clearly shown or described, and where uncertainty exists with respect to boundaries of any of the aforesaid districts as shown on the zoning map, the following rules shall apply:

(1)

Where district boundaries are indicated as approximately following or being at right angles to the centerlines of streets, highways, alleys or railroad main tracks, such centerlines, or lines at right angles to such centerlines, shall be construed to be such boundaries, as the case may be.

(2)

Where a district boundary is indicated to follow a river, creek or branch or other body of water, said boundary shall be construed to follow the centerline at low water or at the limit of the jurisdiction, and in the event of change in the shoreline, such boundary shall be construed as moving with the actual shoreline.

(3)

If no distance, angle, curvature description or other means is given to determine a boundary line accurately, and the foregoing provisions do not apply, the same shall be determined by the use of the scale shown on said zoning map. In case of subsequent dispute, the matter shall be referred to the board of zoning appeals which shall determine the boundary.

(Code 1991, § 16-281; Ord. of 11-18-1988, § 12-6)

The regulations, restrictions and boundaries established in this chapter may, from time to time, be amended, supplemented, changed, modified or repealed by a favorable majority of votes of the board of supervisors, provided that:

(1)

A public hearing shall be held in relation thereto, at which persons affected shall have an opportunity to be heard.

(2)

Notice shall be given of the time and place of such hearings by publication once a week for two successive weeks in some newspaper published or having general circulation in the county, which would specify the time and place of the hearing at which persons affected may appear and present their views. The hearing date shall be not less than five days, nor more than 21 days after final publication of this notice. 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. However, no land may be zoned to a more intensive use classification than was contained in the public notice without an additional public hearing after notice required by this section.

(3)

When a proposed amendment of this chapter involves a change in the zoning map classification of 25 or fewer parcels of land, then, in addition to the advertising as required by subsection (2) of this section, written notice shall be given by the local planning commission, or its representative, at least five days before the hearing to the owner or owners, their agent or the occupant, of each parcel involved; to the owners, their agent or the occupant, of all abutting property and property immediately across the street or road from the property affected, including those parcels which lie in other localities of the state; and, if any portion of the affected property is within a planned unit development, then to such incorporated property owner's associations within the planned unit development that have members owning property located within 2,000 feet of the affected property as may be required by the commission or its agent. However, when a proposed amendment to this chapter involves a tract of land not less than 500 acres owned by the state or by the federal government, and when the proposed change affects only a portion of the larger tract, notice need be given only to the owners of those properties that are adjacent to the affected area of the larger tract. 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 or current real estate tax assessment records shall be deemed adequate compliance with this requirement. If the hearing is continued, notice shall be re-mailed. Costs of any notice required under this chapter shall be taxed to the applicant.

(4)

When a proposed amendment of this chapter involves a change in the zoning map classification of more than 25 parcels of land, or a change to the applicable text of this chapter that decreases the allowed dwelling unit density of any parcel of land, then, in addition to the advertising as required by subsection (2) of this section, written notice shall be given by the local planning commission, or its representative, at least five days before the hearing to the owner, owners, or their agent of each parcel of land involved, provided, however, that written notice of such changes to the text shall not have to be mailed to the owner, owners, or their agent of lots shown on a subdivision plat approved and recorded pursuant to the provisions of Code of Virginia, title 15.2, ch. 22, art. 6 (Code of Virginia, § 15.2-2240 et seq.), where such lots are less than 11,500 square feet. One notice sent by first class mail to the last known address of such owner as shown on the current real estate tax assessment books or current real estate tax assessment records shall be deemed adequate compliance with this requirement, provided that a representative of the planning commission shall make affidavit that such mailings have been made and file such affidavit with the papers in the case. Nothing in this subsection shall be construed as to invalidate any subsequently adopted amendment or ordinance because of the inadvertent failure by the representative of the planning commission to give written notice to the owner, owners or their agent of any parcel involved.

(5)

Whenever the notices required hereby are sent by an agency, department or division of the board of supervisors, or their representative, such notices may be sent by first class mail; however, a representative of such agency, department or division shall make affidavit that such mailings have been made and file such affidavit with the papers in the case.

(6)

A party's actual notice of, or active participation in, the proceedings for which the written notice provided by this section is required shall waive the right of that party to challenge the validity of the proceeding due to failure of the party to receive the written notice required by this section.

(7)

Changes shall be made by the board of supervisors in this chapter or the zoning map only after such changes have been referred to the planning commission for a report. Action shall be taken by the board of supervisors only after a report has been received from the planning commission, unless a period of 31 days or one month has elapsed after date of referral to the commission, after which time it may be assumed the commission has approved the change or amendment,

a.

Upon the denial of any application filed to change a zoning district, no further application concerning any or all of the same property shall be filed for rezoning to the same or less restrictive use in less than 12 months after the time of denial by the board of supervisors.

b.

An application for an amendment may be withdrawn at any time, provided that if the request for withdrawal is made after the publication of the notice of public hearing, no application for the reclassification of all or any part of the same property shall be filed within three months of the withdrawal date. There shall be no refund of rezoning fees in the case of withdrawal.

(Code 1991, § 16-272; Ord. of 11-18-1988, § 12-7; Ord. of 7-19-1990(2))

State Law reference— Similar provisions, Code of Virginia, §§ 15.2-2204, 15.2-2285, 15.2-2286(A)(7).

Fees, as allowed by Code of Virginia, § 15.2-2286(A)(6) for administrative review and processing of zoning permits, site plans, rezoning requests, conditional use permits, amendments, public hearing advertising and variances, shall be determined by the board of supervisors after adoption of the ordinance from which this chapter was derived.

(Code 1991, § 16-283; Ord. of 11-18-1988, § 12-8)

State Law reference— Provisions for fees authorized, Code of Virginia, § 15.2-2286(A)(6).

(a)

All departments, officials and public employees of the county, which are vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this chapter. They shall issue permits for uses, buildings or purposes only when they are in harmony with the provisions of this chapter. Any such permit, if used in conflict with the provisions of this chapter, shall be null and void.

(b)

Any person, whether as principal, agent, employed or otherwise, violating, causing or permitting the violation nor any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, may be fined not less than $10.00, nor more than $1,000.00 for each violation. Such person shall be deemed to be guilty of a separate offense for each and every day which a portion of any violation of this chapter is committed, continued or permitted by such person and shall be punished as herein provided. If the violation is uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in compliance with this chapter, within a time period established by the court. Failure to remove or abate a zoning violation within the specified time period shall constitute a separate misdemeanor offense punishable by a fine of not less than $10.00 nor more than $1,000.00, and any such failure during any succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-day period punishable by a fine of not less than $100.00 nor more than $1,500.00. However, any conviction resulting from a violation of provisions regulating the number of unrelated persons in single-family residential dwellings shall be punishable by a fine of up to $2,000.00. Failure to abate the violation within the specified time period shall be punishable by a fine of up to $5,000.00, and any such failure during any succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-day period punishable by a fine of up to $7,500.00. However, no such fine shall accrue against an owner or managing agent of a single-family residential dwelling unit during the pendency of any legal action commenced by such owner or managing agent of such dwelling unit against a tenant to eliminate an overcrowding condition in accordance with Code of Virginia, title 55, ch. 13 (Code of Virginia, § 55-217 et seq.) or ch. 13.2 (Code of Virginia, § 55-248.2 et seq.), as applicable. A conviction resulting from a violation of provisions regulating the number of unrelated persons in single-family residential dwellings shall not be punishable by a jail term.

(Code 1991, § 16-284; Ord. of 11-18-1988, § 12-9; Ord. of 7-19-1990(2))

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

(a)

Any lawful use, building or structure existing at the time of enactment of the ordinance from which this chapter is derived, may be continued, as herein provided, even though such use, building or structure may not conform with the provisions of this chapter for the district in which it is located.

(b)

Any lawfully established single-family dwelling existing at the time of the adoption of the ordinance from which this chapter is derived shall not be considered a nonconforming use.

(c)

A change in occupancy or ownership shall not affect such right to continue such use, building or structure.

(d)

If any nonconforming use (structure or activity) is discontinued for a period existing two years after the enactment of the ordinance from which this chapter is derived, it shall be deemed abandoned, and subsequent use shall conform to the requirements of this chapter.

(e)

If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same, or of a new restricted classification. Whenever a nonconforming use of land or buildings has been changed to a more restricted use, or to a conforming use, such use shall not, thereafter, be changed to a less restricted use.

(f)

Temporary, seasonal, nonconforming uses that have been in continual operation for a period of two years or more prior to the effective date of the ordinance from which this chapter is derived are excluded from the provisions of this chapter.

(Code 1991, § 16-226; Ord. of 11-18-1988, § 10-1)

Whenever the boundaries of a district are changed, any uses of land or buildings which become nonconforming as a result of such change shall become subject to the provisions of this division.

(Code 1991, § 16-227; Ord. of 11-18-1988, § 10-3)

(a)

A nonconforming structure to be extended or enlarged shall conform with the provision of this chapter.

(b)

A nonconforming activity may be extended throughout any part of a structure which was arranged or designed for such activity at the time of enactment of the ordinance from which this chapter is derived.

(Code 1991, § 16-228; Ord. of 11-18-1988, § 10-4)

Any lot of record as of November 15, 2007, which is less in area or width than the minimum required by this chapter, may be used for a permitted use of the district in which it is located provided the setback provisions of the zoning district in which it is located can be met.

(Code 1991, § 16-229; Ord. of 11-18-1988)

(a)

If a nonconforming activity is destroyed or damaged in any manner, to the extent that the cost of restoration to its condition before the occurrence shall exceed 50 percent of the cost of reconstructing the entire activity or structure, it shall be restored only upon the issuance of a special use permit by the zoning administrator, with approval of the board of zoning appeals.

(b)

If a nonconforming structure is destroyed or damaged in any manner, to the extent that the cost of restoration to its condition before the occurrence shall exceed 75 percent of the cost of reconstruction the entire structure, it shall be restored only upon the issuance of a special use permit by the zoning administrator, with approval of the board of zoning appeals; provided, however, that:

(1)

The owner of any residential or commercial building damaged or destroyed by a natural disaster or other act of God to repair, rebuild, or replace such building to eliminate or reduce the nonconforming features to the extent possible, without the need to obtain a variance. If such 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 local floodplain regulations adopted as a condition of participation in the National Flood Insurance Program. Unless such building 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 accordance with the provisions of this chapter. 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 there shall be an additional two years for the building to be repaired, rebuilt or replaced as otherwise provided in this subsection. For purposes of this section, the term "act of God" shall include any natural disaster or phenomena, including a hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake or fire caused by lightning or wildfire. For purposes of this section, owners of property damaged by an accidental fire have the same rights to rebuild such property as if it were damaged by an act of God. Nothing herein shall be construed to enable the property owner to commit an arson under Code of Virginia, § 18.2-77 or 18.2-80, and obtain vested rights under this subsection.

(2)

An owner of real property shall be permitted to replace an existing on-site sewage system for any existing building in the same general location on the property even if a new on-site sewage system would not otherwise be permitted in that location, unless access to a public sanitary sewer is available to the property. If access to a sanitary sewer system is available, then the connection to such system shall be required. Any new on-site system shall be installed in compliance with applicable regulations of the state department of health in effect at the time of the installation.

(3)

Nothing in this section shall be construed to prevent the landowner or homeowner from removing a valid nonconforming manufactured home from a mobile or manufactured home park and replacing that home with another comparable manufactured home that meets the current HUD Manufactured Housing Code. In such mobile or manufactured home park, a single-section home may replace a single-section home and a multi-section home may replace a multi-section home. The owner of a valid nonconforming mobile or manufactured home not located in a mobile or manufactured home park may replace that home with a newer manufactured home, either single- or multi-section, that meets the current HUD manufactured housing code. Any such replacement home shall retain the valid nonconforming status of the prior home.

(c)

In approving such a permit, the board of zoning appeals shall consider the stated purpose of establishing the zoning district in which the structure is located, the uses in the area immediately surrounding the structure in question, particularly the other nonconforming uses and the hardship which would result from a denial of the special exception. The exception shall include conditions as to the time within which the repair or restoration must be started and completed and may contain any other conditions regarding the repair and restoration which, in the opinion of the board of zoning appeals, shall be necessary to carry out the intent of this section and the chapter.

(d)

The cost of land or any factors other than the cost of the structure are excluded in the determination of cost of the restoration for any structure or activity devoted to a nonconforming use.

(Code 1991, § 16-230; Ord. of 11-18-1988, § 10-6)

State Law reference— Similar provisions, Code of Virginia, § 15.2-2307.

The purpose of the requirements of this article is to promote the orderly development of certain activities in the county and to ensure that such activities are developed in a manner harmonious with surrounding properties and in the interest of the general public welfare. Most specifically, the site plan shall be used to review the project's compatibility with the environment; to review the ability of the project's traffic circulation system to provide for the convenient and safe internal and external movement of vehicles and pedestrians; to review the quantity, quality, utility and type of the project's required community facilities, and to review the location and adequacy of the project's provisions for drainage and utilities.

(Code 1991, § 16-201; Ord. of 11-18-1988, art. 9)

For the following uses, a site plan shall be submitted to an approved by the zoning administrator:

(1)

Multiple-family dwellings;

(2)

Townhouses;

(3)

Churches, schools, hospitals, nursing homes and public buildings, parks and playgrounds;

(4)

Business and industrial buildings and development;

(5)

Manufactured/mobile home parks; and

(6)

Residential subdivisions and planned unit developments.

(Code 1991, § 16-202; Ord. of 11-18-1988; Ord. of 11-15-2007(2))

Any requirements of this article may be waived by the planning commission, where the waiver is not adverse to the purpose of this article, and the applicant establishes that, in this specific case, an undue hardship would result from a strict enforcement of this article, or that the requirement is unreasonable. The planning commission shall permit such waiver only after a written request by the developer and after making a determination that the waiver will not be adverse. The request and determination shall become a part of the site plan record.

(Code 1991, § 16-203; Ord. of 11-18-1988, § 9-2)

Every site plan shall be prepared in accordance with the following specifications:

(1)

The scale shall not be less than 100 feet to one inch.

(2)

All site plans shall be 24-inch by 36-inch sheets.

(3)

If the site plan is prepared on more than one sheet, match lines shall clearly indicate where the several sheets join.

(4)

Horizontal dimensions shall be in feet and decimals of feet to the closest one hundredth of a foot.

(Code 1991, § 16-204; Ord. of 11-18-1988, § 9-3)

The site plan, or any portion thereof, involving engineering, urban planning, landscape architecture, architecture or land surveying shall be prepared by qualified persons. Final site plans shall be certified by an architect, landscape architect, engineer, land surveyor, general contractor or subcontractor licensed to practice by the commonwealth within the limits of their respective licenses. The site plan shall include, but not be limited, to the following:

(1)

The proposed title of the project and the name of the engineer, architect, landscape architect, surveyor and/or developer; the name of the developer; and a signature panel for the zoning administrator's approval.

(2)

The north point, scale, data, vicinity map and number of sheets.

(3)

Existing zoning and zoning district boundaries on the property in question and on immediately surrounding properties.

(4)

The present use of all contiguous or abutting property.

(5)

The boundaries of the property involved by bearings and distances.

(6)

All existing property lines, existing streets, buildings, watercourses, waterways or lakes, and other existing physical features in or adjoining the project.

(7)

Topography of the project area with contour intervals of five feet or less.

(8)

The location and size of sanitary and storm sewers, gas lines, water mains, culverts and other underground structures, all overhead utilities and their supporting poles in or affecting the project, including existing and proposed facilities and easements for these facilities.

(9)

The location, dimensions and character in construction of proposed streets, alleys, driveways and the location, type and size of ingress and egress to the site.

(10)

The location of all existing and proposed off-street parking and loading spaces, indicating types of surfacing, size, angle or stalls, width of aisles and a specific schedule showing the number of parking spaces.

(11)

Proposed locations of solid waste refuge storage and pick-up facilities.

(12)

The location, height, type and material of all existing and proposed fences, walls, screen planting and landscaping details of all buildings and grounds.

(13)

Provisions for the adequate disposition of surface water indicating location, size, type and grade of ditches, catch basins and pipes and connection to existing drainage systems.

(14)

Provisions for the adequate control of erosion and sedimentation, in accordance with the county erosion and sedimentation control ordinances.

(15)

Proposed finished grading, by contour, supplemental where necessary by spot elevations.

(16)

The location and limits of 100-year floodplains and wetlands (tidal and non-tidal).

(17)

The location, character, size, height and orientation of proposed signs.

(18)

The location and dimensions of proposed recreation, open spaces and required amenities and improvements for residential development.

(19)

Any necessary notes required by the zoning administrator to explain the purpose of specific items on the plan.

(20)

The zoning administrator may request additional information other than what has previously been stated, such as traffic and school impact studies and economic and/or environmental impact reviews when deemed necessary to protect the health, safety and general welfare of the citizens of the county.

(Code 1991, § 16-205; Ord. of 11-18-1988; Ord. of 11-15-2007(2))

(a)

Pre-application conference. All applicants under this article are encouraged to request a pre-application review conference. The purpose of the conference is to discuss the basic site plan, off-street parking, signs and other county ordinance requirements, utilities and drainage, and to consider preliminary features of the proposed development as they relate to this article.

(b)

Review and approval of final site plan. The application for a final site plan shall be subject to the following:

(1)

Six copies of the final site plan shall be submitted to the zoning administrator for review. The zoning administrator shall have up to 120 days to circulate the plan to the relevant departments, boards and/or commissions; for written comments, and to notify the applicant of the action taken, which may be approved, approved subject to conditions or disapproved.

(2)

An applicant may appeal the decision of the zoning administrator within ten days, in writing, to the county planning commission in accordance with article II of this chapter.

(Code 1991, § 16-206; Ord. of 11-18-1988, § 9-5; Ord. of 11-15-2007(2))

(a)

An approved site plan shall expire and become null and void if no building permit has been obtained for the site within 12 months after the final approval.

(b)

The zoning administrator may, at the applicant's request, and prior to the expiration grant an extension of six months.

(Code 1991, § 16-207; Ord. of 11-18-1988, § 9-6)

If it becomes necessary for an approved site plan to be changed, the zoning administrator shall, at the applicant's request, either administratively approve an amendment to the site plan or, if the change is major, require that a new site plan be drawn and submitted for review and action in accordance with this article.

(Code 1991, § 16-208; Ord. of 11-18-1988, § 9-7)

No building permit shall be issued to construct, erect or alter any building or structure, or any permit or authorization granted to improve or develop land subject to the provisions of this article, unless a site plan has been submitted and approved.

(Code 1991, § 16-209; Ord. of 11-18-1988, § 9-8)

(a)

Inspections shall be made during the installation of off-site and on-site improvements by the zoning administrator or his designated representative in their area of responsibility to ensure compliance with the approved site plan.

(b)

The owner or developer shall provide adequate supervision at the site during installation of improvements required by the site plan and shall make one set of approved plans available at the site at all times that work is being performed.

(Code 1991, § 16-210; Ord. of 11-18-1988, § 9-9)

(a)

The board of zoning appeals shall consist of five residents of the county. The circuit court shall be notified at least 30 days in advance of the expiration of any term of office and if any vacancy occurs. Appointments to fill vacancies shall be only for the unexpired portion of the time. Members may be reappointed to succeed themselves. Members of the board shall hold no other public office in the county. A member whose term expires shall continue to serve until his successor is appointed and qualifies. Members of the board may receive such compensation as may be authorized by the board of supervisors.

(b)

The terms of office shall be for five years. One of the five members may be an active member of the planning commission.

(c)

Any board member may be removed for malfeasance, misfeasance or nonfeasance in office, or for other just cause, by the court which appointed him, after a hearing held after at least 15 days' notice.

(d)

With the exception of its secretary, the board shall elect from its own membership its officers, who shall serve annual terms, as such, and may succeed themselves.

(Code 1991, § 16-246; Ord. of 11-18-1988, § 11-1)

(a)

The board of zoning appeals shall have the following powers and duties:

(1)

To hear and decide appeals from any order, requirement, decision or determination made by an administrative officer in the administration or enforcement of this chapter. The decision on such appeal shall be based on the board's judgment of whether the administrative officer was correct. The board shall consider the purpose and intent of any applicable ordinances, laws and regulations in making its decision.

(2)

To authorize upon appeal or original application in specific cases such variances as set forth in Code of Virginia, § 15.2-2201 from the terms of this chapter as will not be contrary to the public interest, when, owing to special conditions a literal enforcement of the provisions will result in unnecessary hardship; provided that the spirit of this chapter shall be observed and substantial justice done, as follows:

a.

When a property owner can show that his property was acquired in good faith, and where by reason of the exceptional narrowness, shallowness, size or shape of a specific piece of property on November 18, 1988, or where by reason of exceptional topographic conditions or other extraordinary situation or condition of such piece of property, or of the condition, situation or development of property immediately adjacent thereto, the strict application of the terms of this chapter would effectively prohibit or unreasonably restrict the utilization of the property, or where the board is satisfied, upon the evidence heard by it, that the granting of such variance will alleviate a clearly demonstrable hardship approaching confiscation, as distinguished from a special privilege or convenience sought by the applicant, provided that all variances shall be in harmony with the intended spirit and purpose of this chapter.

b.

No such variance shall be authorized by the board unless it finds:

1.

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

2.

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

3.

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

c.

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

d.

No variance shall be authorized unless the board finds that 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 this chapter.

e.

In authorizing a variance the board may impose such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the public interest, and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with. Notwithstanding any other provision of law, the property upon which a property owner has been granted a variance shall be treated as conforming for all purposes under state law and ordinance; however, the structure permitted by the variance may not be expanded unless the expansion is within an area of the site or part of the structure for which no variance is required under this division. Where the expansion is proposed within an area of the site or part of the structure for which a variance is required, the approval of an additional variance shall be required.

(3)

To hear and decide appeals from the decision of the zoning administrator. No such appeal shall be heard except after notice and hearing as provided by Code of Virginia, § 15.2-2204. 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.

(4)

To hear and decide applications for interpretation of the district map where there is any uncertainty as to the location of a district boundary. After notice to the owners of the property affected by any such question, and after public hearing with notice as required by Code of Virginia, § 15.2-2204, the board may interpret the map in such way as to carry out the intent and purpose of this chapter for the particular section of district in question. 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 not have the power to change substantially the locations of district boundaries as established by ordinance.

(5)

To hear and decide applications for such special exceptions as may be authorized in this chapter. The board may impose such conditions relating to the use provided for in the authorized special exceptions for which a permit is granted as it may deem necessary in the public interest and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with. No such special exception may be granted except after notice and hearing as provided by Code of Virginia, § 15.2-2204. 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.

(6)

To revoke a special exception previously granted by the board of zoning appeals if the board determines that there has not been compliance with the terms or conditions of the permit. No special exception may be revoked except after notice and hearing as provided by Code of Virginia, § 15.2-2204. 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.

(b)

No provision of this section shall be construed as granting any board the power to rezone property or to base board decisions on the merits of the purpose and intent of ordinances duly adopted by the board of supervisors.

(c)

The board by resolution may fix a schedule of regular meetings, and may also fix the day or days to which any meeting shall be continued if the chairman, or vice-chairman if the chairman is unable to act, finds and declares that weather or other conditions are such that it is hazardous for members to attend the meeting. Such finding shall be communicated to the members and the press as promptly as possible. All hearings and other matters previously advertised for such meeting in accordance with Code of Virginia, § 15.2-2312 shall be conducted at the continued meeting and no further advertisement is required.

(Code 1991, § 16-247; Ord. of 11-18-1988, § 11-2)

State Law reference— Similar provisions, Code of Virginia, § 15.2-2309; provisions for variances and special authorized, Code of Virginia, § 15.2-2296(A)(1).

(a)

The board of zoning appeals shall adopt such rules and regulations as it may consider necessary.

(b)

The meetings of the board shall be held at the call of its chairman, or at such time as a quorum of the board may determine.

(c)

All meetings of the board shall be open to the public.

(d)

A quorum shall be at least three members.

(e)

A favorable vote of three members of the board shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the applicant, or any matter upon which the board is required to pass.

(Code 1991, § 16-248; Ord. of 11-18-1988, § 11-3)

(a)

An appeal to the board may be taken by any person aggrieved or by any officer, department, board or bureau of the county affected by any decision of the zoning administrator, or from any order, requirement, decision or determination made by any other administrative officer in the administration or enforcement of this chapter or any modification of zoning requirements pursuant to Code of Virginia, § 15.2-2286. Any written notice of a zoning violation or a written order of the zoning administrator dated on, shall include a statement informing the recipient that he may have a right to appeal the notice of a zoning violation or a written order within 30 days in accordance with this section, and that the decision shall be final and un-appealable if not appealed within 30 days. The zoning violation or written order shall include the applicable appeal fee and a reference to where additional information may be obtained regarding the filing of an appeal. The appeal period shall not commence until the statement is given. A written notice of a zoning violation or a written order of the zoning administrator that includes such statement sent by registered or certified mail to, or posted at, the last known address of the property owner as shown on the current real estate tax assessment books or current real estate tax assessment records shall be deemed sufficient notice to the property owner and shall satisfy the notice requirements of this section. Such appeal shall be taken within 30 days after the decision appealed from by filing with the zoning administrator, and with the board, a notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from, was taken. The fee for filing an appeal shall not exceed the costs of advertising the appeal for public hearing and reasonable costs. A decision by the board on an appeal taken pursuant to this section shall be binding upon the owner of the property which is the subject of such appeal only if the owner of such property has been provided notice of the zoning violation or written order of the zoning administrator in accordance with this section. The owner's actual notice of such notice of zoning violation or written order or active participation in the appeal hearing shall waive the owner's right to challenge the validity of the board's decision due to failure of the owner to receive the notice of zoning violation or written order. If the county has imposed civil penalties for violations of this chapter, any such civil penalty shall not be assessed by a court having jurisdiction during the pendency of the 30-day appeal period.

(b)

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

(c)

In no event shall a written order, requirement, decision or determination made by the zoning administrator or other administrative officer be subject to change, modification or reversal by the zoning administrator or other administrative officer after 60 days have elapsed from the date of the written order, requirement, decision or determination where the person aggrieved has materially changed his position in good faith reliance on the action of the zoning administrator or other administrative officer unless it is proven that such written order, requirement, decision or determination was obtained through malfeasance of the zoning administrator or other administrative officer or through fraud. The 60-day limitation period shall not apply in any case where, with the concurrence of the county attorney, modification is required to correct clerical errors.

(d)

In any appeal taken pursuant to this section, if the board's attempt to reach a decision results in a tie vote, the matter may be carried over until the next scheduled meeting at the request of the person filing the appeal.

(Code 1991, § 16-249; Ord. of 11-18-1988, § 11-4)

State Law reference— Similar provisions, Code of Virginia, § 15.2-2311.

(a)

Appeals shall be mailed to the board of zoning appeals, in care of the zoning administrator, and a copy of the appeal mailed to the secretary of the planning commission. A third copy shall be mailed to the individual, official, department or agency concerned, if any.

(b)

Appeals requiring an advertised public hearing shall be accompanied by a certified check, payable to the treasurer.

(Code 1991, § 16-250; Ord. of 11-18-1988, § 11-5)

The board shall fix a reasonable time for the hearing of an application or appeal, give 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. 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 a majority of the membership of the board shall be necessary to reverse any order, requirements, decision or determination of an administrative officer, or to decide in favor of the applicant or any matter upon which it is required to pass under this chapter, or to effect any variance from this chapter. The board shall keep minutes of its proceedings and other official actions which shall be filed in the office of the board and shall be public records. The chairman of the board, or in his absence the acting chairman, may administer oath and compel the attendance of witnesses.

(Code 1991, § 16-251; Ord. of 11-18-1988, § 11-6)

(a)

Any person or persons jointly or severally aggrieved by any decision of the board of zoning appeals, or any taxpayer or any officer, department, board of bureau of the county may present to the circuit court of the county a petition that shall be styled "In Re: [date] Decision of the Board of Zoning Appeals of Sussex County" specifying the grounds on which aggrieved within 30 days after the filing of the decision in the office of the board.

(b)

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 upon the realtor's attorney, which shall not be less than ten days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown, grant a restraining order. Any review of a decision of the board shall not be considered an action against the board and the board shall not be a party to the proceedings; however, the board shall participate in the proceedings to the extent required by this section. The board of supervisors, the landowner, and the applicant before the board of zoning appeals shall be necessary parties to the proceedings. The court may permit intervention by any other person or persons jointly or severally aggrieved by any decision of the board of zoning appeals.

(c)

The board of zoning appeals shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

(d)

If, upon the hearing, it shall appear to the court that testimony is necessary for the power disposition of the matter, it may take evidence, or appoint a commissioner to take such evidence, as it may direct, and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

(1)

In the case of an appeal from the board of zoning appeals to the circuit court of an order, requirement, decision or determination of a zoning administrator or other administrative officer in the administration or enforcement of any ordinance or provision of state law, or any modification of zoning requirements pursuant to Code of Virginia, § 15.2-2286, the findings and conclusions of the board of zoning appeals on questions of fact shall be presumed to be correct. The appealing party may rebut that presumption by proving by a preponderance of the evidence, including the record before the board of zoning appeals, that the board of zoning appeals erred in its decision. Any party may introduce evidence in the proceedings in the court. The court shall hear any arguments on questions of law de novo.

(2)

In the case of an appeal by a person of any decision of the board of zoning appeals that denied or granted an application for a variance, or application for a special exception, the decision of the board of zoning appeals shall be presumed to be correct. The petitioner may rebut that presumption by showing to the satisfaction of the court that the board of zoning appeals applied erroneous principles of law, or where the discretion of the board of zoning appeals is involved, the decision of the board of zoning appeals was plainly wrong and in violation of the purpose and intent of this chapter.

(e)

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

(Code 1991, § 16-252; Ord. of 11-18-1988, § 11-7)

State Law reference— Similar provisions, Code of Virginia, § 15.2-2314.

It is the general policy of this county, in accordance with the laws of the Commonwealth of Virginia, to provide for the orderly development of land, for all purposes through zoning and other land development legislation. Frequently, where competing and incompatible uses conflict, traditional zoning methods and procedures are inadequate. In these cases, more flexible and adaptable zoning methods are needed to permit land uses and at the same time to recognize the effects of change. It is the purpose of this section to provide a more flexible and adaptable zoning method to cope with situations found in such zones through conditional zoning, whereby a zoning reclassification may be allowed subject to certain conditions proffered by the zoning applicant for the protection of the community that are not applicable to land similarly zoned. The provisions of this section are not to be used for the purpose of discrimination in housing.

(Code 1993, § 16-340; Ord. of 11-18-1988)

Any owner or property making application for a change in zoning or amendment to the zoning map as part of the application may voluntarily proffer in writing reasonable conditions which shall be in addition to the regulations provided for in the zoning district or zone sought in the rezoning application. Any such proffered conditions must be made prior to any public hearing before the board of supervisors (including joint public hearings of the planning commission and the board of supervisors) and shall be subject to the following limitations:

(1)

The rezoning itself must give rise to the need of the conditions.

(2)

The conditions shall have reasonable relation to the rezoning.

(3)

Reasonable conditions may include the payment of cash for any off-site road improvement or any off-site transportation improvement that is adopted as an amendment to the required comprehensive plan and incorporated into the capital improvements program, provided that nothing herein shall prevent a locality from accepting proffered conditions which are not normally included in a capital improvement program. For purposes of this section, "road improvement" includes construction of new roads or improvement or expansion of existing roads as required by applicable construction standards of the state department of transportation to meet increased demand attributable to new development. For purposes of this section, "transportation improvement" means any real or personal property acquired, constructed, improved, or used for constructing, improving, or operating any (i) public mass transit system or (ii) highway, or portion or interchange thereof, including parking facilities located within a district created pursuant to this title. Such improvements shall include, without limitation, public mass transit systems, public highways, and all buildings, structures, approaches, and facilities thereof and appurtenances thereto, rights-of-way, bridges, tunnels, stations, terminals, and all related equipment and fixtures.

(4)

Reasonable conditions shall not include, however, conditions that impose upon the applicant the requirement to create a property owners' association under Code of Virginia, title 55, ch. 26 (Code of Virginia, § 55-508 et seq.) which includes an express further condition that members of a property 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. The governing body may also accept amended proffers once the public hearing has begun if the amended proffers do not materially affect the overall proposal. Once proffered and accepted as part of an amendment to the zoning ordinance, the conditions shall continue in effect until a subsequent amendment changes the zoning on the property covered by the conditions; however, the conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance.

(5)

In the event proffered conditions include the dedication of real property or payment of cash, the property shall not transfer and the payment of cash shall not be made until the facilities for which the property is dedicated or cash is tendered are included in the capital improvement program, provided that nothing herein shall prevent the county from accepting proffered conditions which are not normally included in a capital improvement program. If proffered conditions include the dedication of real property or the payment of cash, the proffered conditions shall provide for the disposition of the property or cash payment in the event the property or cash payment is not used for the purpose for which proffered.

(6)

In the event proffered conditions include a requirement for the dedication of real property of substantial value, or substantial cash payments for or construction of substantial public improvements, the need for which is not generated solely by the rezoning itself, then no amendment to the zoning map for the property subject to such conditions, nor the conditions themselves, nor any amendments to the text of this chapter with respect to the zoning district applicable thereto initiated by the board of supervisors, 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 the property, shall be effective with respect to the property unless there has been mistake, fraud, or a change in circumstances substantially affecting the public health, safety, or welfare.

(7)

All such conditions shall be in conformity with the Sussex County Comprehensive Plan.

(Code 1993, § 16-341; Ord. of 11-18-1988; Ord. of 11-15-2007(2))

Upon approval of any such rezoning all conditions proffered and accepted by the governing body shall be deemed part thereof and non-servable therefrom and shall remain in force until amended or varied by the board of supervisors in accordance with Code of Virginia, §§ 15.2-2297, 15.1-491.2 and 15.2-2302. All such conditions shall be in addition to the regulations provided for in the zoning district by this article.

(Code 1993, § 16-342; Ord. of 11-18-1988)

The zoning administrator shall be vested with all necessary authority on behalf of the county to administer and enforce conditions attached to a rezoning or amendment to a zoning map including:

(1)

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

(2)

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

(3)

Requiring a guarantee in an amount sufficient for or conditional upon the construction of any physical improvements required by the conditions, or a contract for the construction of such improvements and the contractor's guarantee, in like amount and so conditioned, which guarantee may be released by the zoning administrator upon the submission of satisfactory evidence the construction of such improvements has been completed in whole or in part. Provided further that failure to meet all conditions shall constitute cause to deny the issuance of any required use, occupancy, or building permits as may be appropriate.

(Code 1993, § 16-343; Ord. of 11-18-1988; Ord. of 4-17-1997)