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

A fee payable to the town treasurer in the amount as designated in section 23-116 shall be required for each zoning permit requested by the applicant.

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

Each application for a zoning permit shall be accompanied by one (1) copy of a scale drawing. The drawing 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 the parcel of land and to the right-of-way of any street or highway adjoining the parcel of land. Any other information which the 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 administrator. One (1) copy of the drawing shall be returned to the applicant with the permit.

( Ord. of 3-23-67 , Charter Code § 9-1; Ord. of 3-11-14(1) )

Editor's note— An ordinance adopted March 11, 2014, changed the title of § 23-100 from "Zoning permits" to read as herein set out.

A special exception permit, also referred to as a "special use" permit, shall be obtained for certain uses which would otheiwise not be allowed under the general conditions of the zone as stated in this chapter, but could otheiwise be made harmonious under special conditions and in specific locations within a zone. Where permitted by this chapter, the location of hotels, motels, mobile home parks, commercial amusement parks and other forms of public amusement, hospitals and medical facilities, gasoline service stations, airports, borrow pits, hog farms, and sanitary fill method garbage and refuse sites, and other uses not expressly permitted, shall require, in addition to the zoning permit and certificate of occupancy, a special exception permit. These permits shall be subject to such conditions as the town council, upon recommendation of the planning commission, deems necessary to provide for the orderly arrangement of compatible buildings and land use within the town, and to otherwise carry out the intent of this chapter.

A fee payable to the town treasurer in the amount as designated in section 23-120 shall be required for each special use permit requested by the applicant.

( Ord. of 3-23-67 , Charter Code § 9-3; Ord. of 3-11-14(1) ; Ord. of 1-14-2020 )

Editor's note— Ord. of 1-14-2020 changed the title of § 23-101 from "Conditional use permit; fee" to read as herein set out.

All special exception permit applications shall be submitted to the zoning administrator as provided for in this chapter. All applications shall be accompanied by all maps, drawings, statements, and any other documentation necessary to support the application in accord with section 23-100. An appropriate fee shall be collected at the time of submittal in accord with section 23-120.

If an application that has been submitted for special exception status has been conditionally approved contingent upon changes to the application recommended by the planning commission, and said changes are not implemented by the applicant, then the application will not be reconsidered for approval upon subsequent application unless said changes have been incorporated into the revised application.

( Ord. of 1-14-2020 )

Prior to consideration for approval of an application, the planning commission shall fix a reasonable time for a public hearing on the application, the costs of which, inclusive of written notice to adjoining property owners, shall be borne by the applicant.

( Ord. of 1-14-2020 )

An application for a special exception permit shall be subject to review and approval by the planning commission upon the verification that the intended special use meets the following criteria:

(1)

The application is consistent with all applicable provisions of the comprehensive plan for the town;

(2)

Approval of the application will not adversely affect adjacent properties;

(3)

The application is compatible with the existing or allowable uses of adjacent properties;

(4)

The applicant can demonstrate adequate public facilities, including roads, drainage, potable water, sanitary sewer, and access to police and fire protection exist or will exist to serve the subject property and use at the time such facilities are needed;

(5)

The applicant demonstrates adequate provision for maintenance of the use and associated structures;

(6)

The applicant has minimized, to the greatest extent possible, adverse affects on the natural environment;

(7)

If approved, the use will not create undue traffic congestion;

(8)

If approved, the use will not adversely affect the public health, safety, or welfare; and

(9)

The application conforms to all applicable provisions of this chapter.

( Ord. of 1-14-2020 )

The planning commission shall have the authority to impose conditions upon the approval of the application as deemed necessary to protect, preserve and potentially enhance the health, safety and welfare of the properties, and the owners thereof, in the vicinity of the subject property. Such conditions shall be subject to the approval of the town council in whole or in part.

The authorization of a special exception permit shall not occur unless the applicant demonstrates:

(1)

That such use will not, under the specific circumstances of the particular application, be detrimental to the health, safety and welfare of the properties in the vicinity, or to the owners thereof, and that the proposed use is necessary or desirable and promotes or provides a service that contributes to the general well being of the surrounding properties; and

(2)

That such use will comply with the regulations and conditions specified in this chapter for such use.

If the application is conditionally authorized, the planning commission shall itemize the conditions imposed upon the application's approval, which application approval and conditions shall be reviewed and approved by town council before such permit is to be issued by the zoning administrator. Upon issuance, it shall be the responsibility of the applicant to record the special exception permit, inclusive of the itemized conditions, in the clerk's office for the circuit court of Tazewell County, and to provide proof of recordation to the zoning administrator.

( Ord. of 1-14-2020 )

(a)

Expiration, generally. Any approved special exception permit shall expire after twelve (12) months from the date of issuance if said use is not activated by the applicant within the twelve (12) month period from the date of issuance. Said permit is considered active when the use as applied for has been established and verified to the zoning administrator by issuance of a building permit and verification of substantial construction completed by the zoning administrator. If such permitted use is abandoned or discontinued for a period of twelve (l2) consecutive months, the permit may not be re-activated unless re-authorized by the planning commission and approved by the town council.

(b)

Renewal, generally. Any approved and active special exception permit may be renewed by the permit holder upon application to the zoning administrator at any time within sixty (60) days from the permit's expiration date. Said renewal application shall include a certification by the owner that no changes have occurred to the use since the date of authorization, and shall be accompanied by the applicable renewal fee.

(c)

Revocation. A special exception permit may be revoked at any time by the zoning administrator if the applicant fails to comply with the conditions imposed by the town council. Upon written notice of such revocation to the pennit holder, the underlying permitted use shall immediately cease and the permit become null and void.

( Ord. of 1-14-2020 )

A request for amendment to an approved special exception permit shall be treated as a new application as submitted to the zoning administrator and subject to planning commission review and town council approval. Such amendment request shall further be subject to the same permitting process as set forth in this article.

( Ord. of 1-14-2020 )

(a)

Intent. Site plan review is intended to insure proper design in types of development which can have deleterious effects on their surroundings. These effects are subject to modification or reduction through the physical design of such development. Review of the design, therefore, is aimed at the greatest possible benefit to the community as a result of building and site design.

(b)

Developments subject to site plan review. The following types of development shall be subject to the site plan review provisions of this chapter upon petition for a rezoning request.

(1)

All commercial and industrial facilities, including off-street parking.

(2)

All institutional facilities, such as schools, hospitals, and clubs.

(3)

Planned unit developments.

(4)

Mobile home parks.

(c)

Site plan procedures and review.

(1)

Definitions:

a.

Preliminary site plan. Plan to accompany PUD requests. However, final PUD rezoning approval will be contingent upon approval of a final site plan.

b.

Final site plan. Plan required for final PUD rezoning approval and/or issuance of a building permit.

(d)

Platting requirements. Initially, seven (7) clearly legible copies for each of the following applicable site plans shall be submitted. Additional copies may be requested as deemed necessary.

(1)

The preliminary site plan shall include, in addition to the items specified for a "schematic site plan," the following:

a.

Name and address of petitioner and owner.

b.

Name and location of development.

c.

Property lines by metes and bounds.

d.

Existing and proposed zoning.

e.

Type of proposed zoning.

f.

Owner, present use, and existing zoning of all abutting property.

g.

Existing and proposed streets, easements, rights-of-way, and other reservations.

h.

Ingress and egress points.

i.

Proposed parking areas, materials for same, and number of spaces.

j.

Existing and proposed buildings.

k.

Date, scale of not less than one (1) inch = one hundred (100) feet, and north point.

l.

Limits of established one hundred (100) year flood plain.

m.

Major natural features.

n.

Required setbacks and areas for landscaping and buffering.

o.

Location of existing water, storm and sanitary sewer lines.

p.

Existing and proposed topography.

q.

Location of proposed water mains, fire hydrants, pipe sizes, grades and direction of flow.

r.

Generalized erosion control measures.

s.

Location of proposed utility lines, indicating where they already exist and whether they will be underground.

t.

Location of proposed storm and sanitary sewer systems, both surface and subsurface, showing pipe sizes, grade flow and design flows.

u.

Vicinity map at a scale no smaller than one (1) inch = six hundred (600) feet, showing all streets and property within one thousand (1,000) feet of the subject property.

v.

Existing and proposed curb lines and sidewalks.

w.

Location of proposed signs.

x.

Proposed location and materials for disposal of refuse and other solid waste.

y.

Recreation and/or open spaces.

z.

Name and address of person(s) preparing the site plan.

aa.

Proposed buildings and structures to include:

i.

Distance between buildings.

ii.

Number of stories.

iii.

Area in square feet of each floor.

iv.

Number of dwelling units or guestrooms.

v.

Structures above height regulations.

bb.

Proposed location of outdoor lighting.

(2)

The final site plan shall include, in addition to the items specified for a preliminary site plan, the following:

a.

Name and address of owners of record of all adjacent properties.

b.

Current zoning boundaries, including surrounding areas to a distance of three hundred (300) feet.

c.

Final erosion and sediment control plans.

d.

Location of watercourses, marshes, rock outcroppings, wooded areas, and single trees with a diameter of ten (10) inches measured three (3) feet from the base of the trunk.

e.

Location of buildings existing on the tract to be developed and on adjacent tracts within a distance of one hundred (100) feet, indicating whether existing buildings on the tract are to be retained, modified or removed.

f.

Proposed streets and other ingress and egress facilities (indicating curb lines, sidewalk lines, and public right-of-way lines), profiles and cross-sections of streets.

g.

Layout of off-street parking.

h.

Proposed location, direction of, power and time of use of outdoor lighting (not required of industrial development).

i.

Proposed plantings, including all landscaping and screening, and indicating existing trees to be retained and area to be left undisturbed (not required of industrial development).

j.

Location, size and design of proposed signs.

k.

Elevations of buildings to be built or altered on site.

(e)

Administrative responsibility.

(1)

The town manager or his assistant shall be responsible for checking the site plans for general completeness and compliance with adopted plans for such administrative requirements as may be established. He shall see that all examination and review of the site plans are completed by the approving authorities.

(2)

The planning commission shall approve or disapprove the site plans. Two (2) copies of the site plan, together with modifications, noting thereon any changes that will be required, shall be returned to the applicant not later than thirty (30) days from the date of submission, except under abnormal circumstances.

(f)

Adjustment in approved site plan. After a site plan has been approved by the town manager, minor adjustments of the site plan, which comply with the spirit of this article and other provisions of this chapter and with the general purpose of the comprehensive plan for development of the area, may be approved by the town manager.

(g)

Waiver. Any requirement of this section may be waived by the planning commission and/or its designee in a specific case where such requirement is found to be unreasonable or unnecessary for review of the proposal and where such waiver will not be adverse to the purpose of this section.

(h)

Building and occupancy permits. No building permit shall be issued for a public building in an area in which site plan review is required unless the construction proposed by such building permit is in conformance with the approved site plan.

(i)

Appeal. An appeal of any decision made by the administration concerning site plan review procedure may be made to the planning commission.

( Ord. of 3-23-67 )