This article outlines the administration of this Chapter and sets forth procedures for the submittal and review of applications that are regulated under this Chapter.

1.

The following two tables in § 18-804 and § 18-805 summarize the review, decision, and appeal authorities for each type of application or review process. § 18-804 identifies the authorities for Residential projects and § 18-805 identifies the authorities for Non-Residential and Mixed-Use projects.

2.

Processes related to subdivisions and lot boundary adjustments are outlined in Article 6.

3.

Multiple processes may be required, refer to detailed process descriptions in Division 4 - Applications and Processes for more information.

The abbreviations in this section apply to the tables in § 18-804 and § 18-805. Each cell is located at the intersection of a row and a column, which are referenced in each subsection below.

1.

R - Review. A "R" in a table cell indicates that the Authority in that column has a Review role in the process for the Application in that row.

2.

D - Decision. A "D" in a table cell indicates that the Authority in that column has a Decision-Making role in the process for the Application in that row.

3.

A - Appeal. An "A" in a table cell indicates that the Authority in that column has the ability to hear Appeals of a Decision for the Application in that row.

4.

PH - Public Hearing. A "PH" in a table cell indicates that the Authority in that column is required to hold a Public Hearing as part of the review process for the Application in that row.

5.

"-" An "-" in a table cell indicates that the Authority in that column is not part of the Review or Decision-Making process for the Application in that row.

6.

"✓" A "✓" in a table cell indicates that the Application in that row requires the process step identified in that column, either Pre-Application Meeting, see § 18-833, or Public Notification, See Division 5.

1.

Designation. The Director of Planning and Zoning, as appointed by the Town Manager, shall administer and enforce provisions of these zoning regulations as specified herein. In the performance of these duties, the Director of Planning and Zoning may request the assistance of any appropriate officer or agency of the Town. The Director of Planning and Zoning shall oversee and supervise the work of the Zoning Administrator.

2.

Authority and Powers. Other duties as set forth in Code of Vienna, Town of Vienna administrative procedures, and as determined by the Town Manager.

3.

Final Decisions. The Director of Planning and Zoning has the authority to review and make recommendations on applications regulated in this Chapter but has no final decision authority on any applications.

1.

Designation. The Director of Public Works, as appointed by the Town Manager, shall administer and enforce provisions of these zoning regulations as specified herein. In the performance of their duties, the Director of Public Works may request the assistance of any appropriate officer or agency of the Town.

2.

Authority and Powers. Other duties as set forth in Code of Vienna, Town of Vienna administrative procedures, and as determined by the Town Manager.

3.

Final Decisions. The Director of Public Works has the authority to review and make recommendations on applications regulated in this Chapter but has no final decision authority on any applications, other than on actions that would affect the public right-of-way. See § 18-826.5.C.

1.

Designation. The Director of Parks and Recreation, as appointed by the Town Manager, shall administer and enforce provisions of these zoning regulations as specified herein. In the performance of their duties, the Director of Parks and Recreation may request the assistance of any appropriate officer or agency of the Town.

2.

Authority and Powers. The Director of Parks and Recreation shall have the authority set forth in Code of Vienna, and as determined by the Town Manager.

3.

Final Decisions. The Director of Parks and Recreation has the authority to review and make recommendations on applications regulated in this Chapter but has no final decision authority on any applications.

1.

Authority and Powers. The following relevant areas, as well as others, are outside of the authority of the Town of Vienna and are, instead, administered by Fairfax County.

A.

Building Code.

B.

Health regulations.

C.

Fire and Safety regulations.

2.

Appeals. Fairfax County Circuit Court has the authority to try a full range of cases, including reviewing certain appeals of decisions made by the Town Council and Board of Zoning Appeals regarding Appeals of the Zoning Administrator Decision, Conditional Use Permits, Rezonings, Proffer Amendments, Subdivision Plans, Variances, and Site Plans.

1.

Designation. The Town Attorney is appointed by the Council per Chapter 4, § 4.7.

2.

Authority and Powers. The Town Attorney shall have the authority set forth in Code of Vienna § 2-9.1.

3.

Final Decisions. The Town Attorney reviews proffers, subdivision plats, and other applications as requested, but has no final decision authority on any applications.

1.

Designation. The Town Manager is appointed by the Council per Chapter 4, § 4.7 of the Town Charter.

2.

Authority and Powers. The Town Manager shall have the authority set forth by the Town Charter and Code of Vienna Chapter 5.

3.

Final Decisions. The Town Manager has the authority to approve emergency interim use of trailers for public use, see § 18-839.

4.

Appeals. Appeals of the decisions of the Town Manager are heard by the Town Council.

1.

Designation. The Zoning Administrator, as appointed by the Director of Planning and Zoning with the consent of the Town Manager, shall administer and enforce these zoning regulations, except as otherwise specified. In the performance of these duties, the Zoning Administrator may request the assistance of any appropriate officer or agency of the Town.

2.

Authority and Powers.

A.

In accordance with § 15.2-2286 of the Code of Virginia, 1950, as amended, the Zoning Administrator shall be responsible for the administration, interpretation, and enforcement of the provisions of this Article, unless otherwise specified. The Zoning Administrator shall perform all required duties and act in accordance with the terms, purposes, intent and spirit of this Chapter.

B.

The Zoning Administrator shall administer the inspection of premises, the issuance of notices of zoning violations, and the issuance of zoning and occupancy permits.

C.

No zoning permit or certificate of occupancy shall be issued by the Zoning Administrator unless there is compliance with the provisions of this Code.

D.

In case any building is erected, constructed, reconstructed, altered, repaired, converted, occupied, or any land is used in violation of this Code, the Zoning Administrator is authorized and directed to institute appropriate action that will bring a remedy to such violation such that compliance is achieved.

3.

Final Decisions. Except as otherwise specified herein, the Zoning Administrator shall be responsible for final decisions regarding the following:

A.

Certificates of Occupancy (§ 18-823).

B.

Driveway Permits (§ 18-826).

C.

Fence Permits (§ 18-828).

D.

Home-Based Business Permits (§ 18-829).

E.

Outdoor Dining Permits (§ 18-831).

F.

Patio and Sports Court Permits (§ 18-832).

G.

Site Plans for Single-Unit Infill and Lot Grading (§ 18-836.10).

H.

Temporary Use Permits (§ 18-838).

I.

Zoning Administrator Determinations (§ 18-841).

4.

Appeals. Per State Code § 15.2-2301, as amended, any zoning applicant or any other person who is aggrieved by a decision of the Zoning Administrator made pursuant to the provisions of § 15.2-2299 may petition the Board of Zoning Appeals for review of the decision of the Zoning Administrator. See § 18-820 for process.

1.

The following appointed and elected authorities have review or approval authority for the processes described in this Article. For each body, the following are provided, when applicable:

A.

Purpose.

B.

Powers.

C.

Establishment.

D.

Membership.

E.

Meetings.

F.

Final Decisions.

G.

The appeal authority of that body, and the other body that will hear appeals of decisions of that particular body.

2.

References for the authority of each body are also provided, if derived from outside of this Chapter, such as from the State of Virginia or other portions of the Code of Vienna.

3.

Other provisions and features of each of these bodies may be found in the respective sections of the Code of Vienna where the body was established.

1.

Purpose. Per § 8-B.3 of the Town Charter, the purpose of the Board of Architectural Review shall be to assure that all buildings, signs, landscaping and other external improvements erected in the designated architectural control districts conform to accepted architectural standards for permanent improvements.

2.

Powers. In addition to any other duties set forth in the Code of Vienna, the Board of Architectural Review shall have:

A.

The review and decision-making authority as set forth in Chapter 4 of the Town Code.

B.

The review and decision-making authority set forth in this Article.

C.

The role of making recommendations on amendments to the Church Street Vision Incentive Overlay District.

3.

Establishment. The Board of Architectural Review is established by Code of Vienna § 4-3.

4.

Membership. As defined in Code of Vienna § 4-3.

5.

Meetings. As defined in Code of Vienna § 4-4.

6.

Final Decisions. Except as otherwise specified in Chapter 4 and/or herein, the Board of Architectural Review shall be responsible for final decisions regarding all Board of Architectural Review Certificates of Approval.

7.

Appeals. The process for appealing a decision of the Board of Architectural Review may be found in § 4-12 of the Code of Vienna.

1.

Purpose. The Board of Zoning Appeals hears and decides appeals of any decisions of the Zoning Administrator or a designated representative, grants variances, and grants conditional use permits, and interprets the zoning district map in cases of district boundary uncertainties.

2.

Establishment. The Board of Zoning Appeals is established by this Article, and by § 15.2-2308 of the State Code of Virginia as amended.

3.

Membership. Board of Zoning Appeals membership is established by this Article, and § 15.2-2308 of the State Code of Virginia as amended.

4.

Powers.

A.

The Board of Zoning Appeals shall exercise additional powers as may be described elsewhere in this chapter and as permitted by the Code of Virginia.

B.

The Board of Zoning Appeals shall perform those duties set forth in Article 7, Chapter 22, Title 15.2 of the Code of Virginia, 1950, as amended, and as set forth in this Article 8.

C.

In addition to its other duties under the Code of Vienna, the Board of Zoning Appeals shall have the review and decision-making authority set forth in this Article 8.

5.

Meetings. The Board of Zoning Appeals shall publish a schedule of meetings for the year. Special meetings of the Board of Zoning Appeals may be scheduled at the request of the Zoning Administrator and the approval by the Board chairperson.

6.

Final Decisions.

A.

Except as otherwise specified herein, the Board of Zoning Appeals shall be responsible for final decisions regarding the following:

i.

Appeals of Zoning Administrator Decisions (§ 18-820).

ii.

Conditional Use Permits (§ 18-824).

iii.

Zoning Variances (§ 18-843).

B.

The concurring vote of a majority of the membership of the board shall be necessary to reverse any order, requirement, decision or determination of an administrative officer (§ 18-820, Appeal of Zoning Administrator Decision) or to decide in favor of the applicant on any matter upon which it is required to pass under the ordinance or to affect any variance from the ordinance (§ 18-843, Zoning Variance).

7.

Appeals. Every action contesting a decision of the Board of Zoning Appeals shall be filed within thirty days of the decision with the Fairfax County Circuit Court per § 15.2-2285 of the Code of Virginia, 1950, as amended.

1.

Purpose. The Planning Commission is a public body established by the Town Council pursuant to § 15.2-2210 of the Code of Virginia, 1950, as amended. The Commission's primary role is to serve as an advisory body to the Town Council, to promote the orderly development of the Town and to accomplish the planning, zoning, and land subdivision and development objectives set forth in State law and the Town Code.

2.

Establishment. The Planning Commission is established pursuant to the provisions of § 15.2-2210 of the Code of Virginia, 1950, as amended.

3.

Membership. The Planning Commission shall consist of not less than five and not more than fifteen residents of the Town, appointed by the Town Council, for a term of two years or to fill the unexpired term of a vacant seat on the commission.

4.

Meetings. The Planning Commission shall publish a schedule of meetings for the year. Special meetings of the Planning Commission may be scheduled at the request of the Director of Planning and Zoning and the approval by the Commission chairperson.

5.

Powers. In addition to those powers and duties established for the Planning Commission in § 15.2-2210 and § 15.2-2217 of the Code of Virginia, 1950, as amended, and Chapters 13 and 18 of the Code of Vienna, or as otherwise lawfully assigned, the Planning Commission shall have the following powers and duties:

A.

Prepare and recommend a comprehensive plan, including amendments to the existing comprehensive plan (§ 15.2-2223).

B.

Provide recommendations regarding proposed amendments to zoning.

C.

Provide recommendations on proposed Rezonings, Modifications of Site Plan Requirements, Avenue Center Amenity Overlay, and Conditional Use Permits.

D.

Conduct Public Hearings.

E.

Request Reports and Studies.

6.

Final Decisions. The Planning Commission has no final decision authority.

1.

Purpose. The Town Council is the legislative body of the Town of Vienna.

2.

Establishment. The Town Council is established in accordance with Code of Virginia, § 15.2-1400 et seq., and the Town Charter.

3.

Final Decisions. Except as otherwise specified herein, the Town Council shall be responsible for final decisions regarding the following, related to this Chapter:

A.

Modifications of Requirements (§ 18-830).

B.

Proffer Amendments (§ 18-834).

C.

Rezoning, Text, and Map Amendments (§ 18-835).

D.

Site Plans, Avenue Center Amenity Overlay (§ 18-836.6).

E.

Site Plans, Church Street Vision Incentive Overlay (§ 18-836.7).

F.

Site Plans, Corporate Park (§ 18-836.8).

G.

Site Plans, Parks Zones (§ 18-836.9).

H.

Trailer, Temporary Use (§ 18-838).

I.

Trailer, Public Use or Temporary Residential (§ 18-839).

J.

Appeals of final decisions of the Board of Architectural Review (§ 18-821).

K.

Appeals of final decisions of the Windover Heights Board of Review (§ 18-840).

1.

Purpose. The Windover Heights Board of Review shall review applications for Certificates of Appropriateness within the Windover Heights Historic District, per Article 2 of this Chapter. In addition to any other duties set forth in the Code of Vienna, the Windover Heights Review Board shall have the review and decision-making authority set forth in this Article 8.

2.

Membership. The Windover Heights Board of Review shall consist of five members. In making all appointments to the board, the Town Council shall consider persons who have evidenced an interest in and an appreciation for the cultural heritage and history of the Town.

A.

Except for the registered professional architect, all of the following members of the board shall be residents of the Town and are:

i.

One registered professional architect whose qualifications are compatible with historic preservation and restoration,

ii.

One member of the Board of Architectural Review,

iii.

One member of the Planning Commission,

iv.

One member of the Conservation and Sustainability Commission; and

v.

One member selected from the community at large.

B.

All appointments to the board, except for those to fill an unexpired term, shall be for a period of two years.

3.

Meetings.

A.

The board shall hold a regular meeting, at least once a month. Special meetings may be held at other times at the discretion of the chair, or two members of the Board.

B.

Meetings also shall be called at the direction of the Town Council.

C.

The Chair shall preside over the board and have the right to vote. The Vice-Chair shall perform the duties of the Chair in the event of the Chair's absence.

4.

Final decisions. Except as otherwise specified herein, the Windover Heights Board of Review shall be responsible for a final decision on an application for Windover Heights Certificate of Appropriateness (§ 18-840).

5.

Appeals.

A.

Appeal Request to Town Council. Any person jointly or severally aggrieved by any decision of the Windover Heights Board of Review, including any applicant, any citizen of the Town, and the Town through its Zoning Administrator, may appeal such decision to the Town Council by filing with the Town Clerk a written request for appeal.

B.

Deadline for Appeals. Such appeals shall be filed within thirty (30) days after the decision has been made by the Windover Heights Board of Review.

C.

Public Hearing before Town Council. The Town Council shall within thirty (30) days of receipt of such written request, or within a longer period if agreed upon by the applicant, grant such applicant a full hearing at a public meeting.

D.

Decision of Town Council. Within thirty (30) days of such hearing, and after consultation with the Windover Heights Board of Review (WHBR), the Town Council may reverse or modify the decision of the WHBR, in whole or in part, or affirm the decision of the WHBR.

E.

Appeal Decision of Town Council. Any person jointly or severally aggrieved by any decision of the Town Council, or any citizen of the Town, may appeal such decision to the Circuit Court of Fairfax County within thirty (30) days after the final decision is rendered by the Council. The filing of the said petition shall stay the decision of the Town Council pending the outcome of the appeal to the Court. The Court may reverse or modify the decision of the Town Council in whole or in part, if it finds upon review that the decision is arbitrary and constitutes an abuse of discretion or it may affirm the decision of the Town Council.

1.

Purpose. The following Sections establish the submission and review processes for applications relevant to this Chapter, ensuring compliance with the requirements of this Chapter, and other State, County, and Town regulations.

A.

Administrative Officials May Appoint Designees. The Town Manager, Director of Planning and Zoning, Director of Public Works, Director of Parks and Recreation, and/or the Zoning Administrator may designate staff to perform the functions within these processes on their behalf.

B.

Submission Requirements. The Town Manager, Director of Planning and Zoning, Director of Public Works, Director of Parks and Recreation, and Zoning Administrator or their designees shall prepare submission requirements for the applications and processes within Article 8.

C.

Responsibility to Prove Compliance. Applicant(s) shall meet the submission requirements and provide sufficient information and documentation to demonstrate compliance with all applicable State, County, and Town regulations.

2.

Authority to File Applications. All development applications reviewed under this Chapter must be submitted by the owner of the land on which the development is proposed, or by a person authorized (an "authorized representative") in writing by the owner to submit the application on behalf of the owner. If there are multiple owners of the land on which a development is proposed, all such owners or their authorized representative(s) must sign the application or a power of attorney, letter, or other document consenting to the application.

3.

Notifications. For information about notification requirements for public hearings required for decision on applications, see Division 5.

1.

Right to Appeal. Per State Code § 15.2-2301, of the Code of Virginia, 1950, as amended, any applicant or any other person who is aggrieved by a decision of the zoning administrator made pursuant to the provisions of § 15.2-2299 of the Code of Virginia, 1950, as amended, may petition the Board of Zoning Appeals for review of the decision of the zoning administrator.

2.

Zoning Administrator Decision Must be Written and Appealable. A decision by the Board of Zoning Appeals on an appeal taken pursuant to this section shall be binding upon the owner of the property that is the subject of such appeal only if the owner of such property has been provided written notice of the zoning violation, written determination, or other appealable decision, per § 15.2-2311 of the Code of Virginia, 1950, as amended.

3.

Deadline on Right to Appeal.

A.

All applications for appeals of Zoning Administrator decisions shall be filed with the Zoning Administrator and with the clerk of the Board of Zoning Appeals within thirty (30) days from the date of the decision for which review is sought and shall specify the grounds upon which the petitioner is aggrieved. Any application submitted more than thirty (30) days after the date of the decision shall not be considered.

B.

The Zoning Administrator may determine that appeals of decisions regarding temporary uses are subject to a limit of ten (10) days after the date of the decision for which an application for an appeal would be submitted.

4.

Final Decision. The Board of Zoning Appeals shall hold a public hearing within ninety (90) days of the date of acceptance of the completed application. The Board of Zoning Appeals may uphold the Zoning Administrator decision, modify the decision, or overturn the decision.

5.

Appeals. Decisions by the Board of Zoning Appeals may be appealed to the Fairfax County Circuit Court, per State Code § 15.2-2285 of the Code of Virginia, 1950, as amended.

6.

Appeal Decision Standards. The determination of the zoning administrator will be presumed correct. The appellant has the burden of proof to rebut such presumption of correctness by a preponderance of the evidence. The BZA must consider the record on appeal and any applicable ordinances, laws, and regulations in making its decision.

7.

Notification. Notice of the public hearing shall be provided as required by § 15.2-2204 of the Code of Virginia, 1950, as amended, as outlined in Division 5. 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.

1.

Certificate of Approval Required. Per Chapter 4, Section 4-8 of the Town Code, no structure, building, sign or other improvements or other major landscape features surrounding such building, structure, sign or improvement located on any land within any architectural control district shall be erected, reconstructed, altered or restored until the plans for such shall have been approved by the Board of Architectural Review; provided that the provisions of this chapter shall not apply to the regular maintenance of the same as opposed to the reconstruction, alteration or restoration. For the purposes of this section, the repainting of a structure, building or sign that results in the complete change of color of the said structure, building or sign or a substantial portion thereof shall be deemed an alteration and not regular maintenance.

2.

Criteria for Review. The criterion for the Board of Architectural Review decision is found within § 4-15 - Design criteria and § 8-B.3 - Same—Purposes.

3.

Application and Review Process.

A.

Review for completeness. Applications for the Board of Architectural Review are reviewed for completeness by the Director of Planning and Zoning and the Zoning Administrator.

B.

Sign Permit Procedures. Prior to any alteration or installation of a sign or sign structure that requires a permit, an application shall be submitted to the zoning administrator containing the following information:

i.

Plans showing the area of the sign;

ii.

The size;

iii.

Character and color of letters and design proposed;

iv.

The method of illumination, if any;

v.

The exact location proposed for such sign;

vi.

In the case of suspended or projecting signs, the method of fastening such sign to its supported structure; and

vii.

Samples or pictures of sign facing material and color.

C.

Application deemed complete. Once the Director of Planning and Zoning and the Zoning Administrator deem the application complete, the application and supporting materials are transmitted within twenty (20) days to the chairperson of the Board of Architectural Review, with recommendations regarding the application.

D.

Application Hearing. Per § 4-10 of the Town of Vienna Code, the chairperson of the Board of Architectural Review shall place the application on the agenda for consideration at the first regular meeting of the Board to be held not less than ten days after receipt of such application by the chair. The Board shall hear testimony in support or in opposition to the application.

E.

Final Decision. The Board of Architectural Review shall make the final decision on all applications for Certificates of Approval, per § 4-11 of the Town of Vienna Code.

F.

Building Permit Application. Only after the Board of Architectural Review has made a final decision, and no appeals have been submitted, the Director of Planning and Zoning and the Zoning Administrator may accept an application for a Building Permit for the proposed project. See § 18-822, Building Permits.

4.

Appeals. The appeal process for decisions of the Board of Architectural Review is within § 4-13 - Hearing before Town Council, and § 4-14 - Appeals to county circuit court of Chapter 4 of the Code of the Town of Vienna.

1.

Building Permit Required. No excavation shall be commenced, no wall, structure, premises, or land used, no building or part thereof built, constructed, or altered, no building shall be moved, no sign shall be erected, repaired, or repainted until application has been made and the proper approval obtained from the Zoning Administrator and Fairfax County in accordance with the provisions of this Code and said permit has been posted at the building site in plain view from the street.

2.

Types of Building Permits. The Town of Vienna reviews building permit applications within the following categories:

A.

Small-Scale Residential Building Permit. Permit applications for properties zoned for single-unit detached residences, duplexes and individual townhouses that propose to disturb less than 2,500 square feet of land.

B.

Large-Scale Residential Building Permit. Permit applications for properties zoned for single-unit detached residences and duplexes that propose to disturb 2,500 square feet of land or more for structural additions, landscaping, pools, infill lot redevelopment, and subdivisions development.

C.

Commercial Building Permit. Permits for interior and exterior modifications to all commercial, industrial, institutional, and multi-unit residential properties and structures.

3.

Application and Review Process.

A.

Reviewers. Applications for Building Permits are reviewed by the Director of Planning and Zoning, the Director of Public Works, the Zoning Administrator, and Fairfax County for completeness and compliance with requirements of this Code, and other applicable State and Town regulations. Fairfax County may concurrently review Building Permit applications.

B.

Board of Architectural Review. Exterior modifications to non-residential, mixed-use, duplex, townhouse, and multi-family properties and structures require review and approval by the Board of Architectural Review. See Section 18-821 Board of Architectural Review Certificate of Approval and Chapter 4 of the Code of the Town of Vienna.

C.

Compliant Applications. Once the application is determined to comply with requirements of this Chapter, and other applicable State and Town regulations, the Zoning Administrator will provide stamped drawings and documentation to the applicant stating that the application fulfills Town of Vienna zoning and site-related requirements.

D.

Issuance of Permit. Fairfax County may issue a building permit after the application has received Town of Vienna zoning and site-related approval. For a building permit to be valid, an applicant must receive both a building permit from Fairfax County and both zoning and site-related approvals from the Town of Vienna.

4.

Required Application Materials.

A.

Small-Scale Residential Building Permits. The applicant shall submit to the Zoning Administrator a plat or site plan prepared by a registered engineer or certified land surveyor authorized to practice by the Commonwealth of Virginia, showing current site conditions and proposed improvements, in addition to items outlined in the relevant checklist of requirements.

B.

Large-Scale Residential Building Permits. All residential building permit applications for residential projects with 2,500 square feet or more of land disturbance shall be submitted with a site plan drawn by a registered engineer or certified land surveyor authorized to practice by the Commonwealth of Virginia, showing current site conditions and proposed improvements, in addition to items outlined in the relevant checklist of requirements. See § 18-836.10, Infill Lot Site Plan.

C.

Commercial Building Permits. If a Commercial Building Permit application is associated with site modifications, a site plan must be submitted in accordance with the requirements of this Chapter. The Zoning Administrator may determine that some applications do not require site plan review. Applicants must follow the relevant checklist of requirements. See § 18-836, Site Plans.

5.

Appeals. The Town of Vienna decisions on building permit applications may be appealed by the applicant, following the process outlined in § 18-820 Appeals of Zoning Administrator Decision.

6.

Inspections. The Zoning Administrator and Director of Public Works may determine that inspections are required during the construction or after the construction of the scope of work within a permit. Inspections may include site visits or document review.

7.

Land Subject to Flooding or Erosion. No permit shall be issued for the erection of any permanent structure intended for residential, commercial, or industrial use, nor shall any structure be erected on land in such proximity and relative elevation to any open stream or drainage channel where such land is subject to periodic or recurring flooding from stormwater, or subject to the danger of erosion, unless all plans therefor conform to all requirements of this Chapter.

1.

Certificate of Occupancy Required.

A.

No commercial or residential occupancy, use, change of use, or continuation of a use following the change in ownership or proprietary control of such use of any building shall take place until a certificate of occupancy shall have been issued by the Zoning Administrator in accordance with the provisions set forth in this chapter.

B.

A certificate of occupancy subject to this Ordinance must not be issued unless the Zoning Administrator certifies that the proposed activity complies with this Chapter, including all conditions of approval of permits or development approvals to which the proposed activity is subject.

C.

An existing Certificate of Occupancy is invalidated and must be reissued under the following circumstances:

i.

An existing non-residential use is expanded or modified;

ii.

The ownership, and/or the registered trade name of the owner, of a non-residential or multi-unit building changes;

iii.

The user of an existing non-residential tenant space changes or the registered trade name of any non-residential owner changes; or

iv.

Alterations or an addition greater than 50% of the existing structure is proposed.

2.

Types of Occupancy Permits.

A.

Non-Residential, Multi-Unit & Mixed-Use Owner. The owner of a multi-unit non-residential, multi-unit residential, or mixed-use structure, sometimes known as the "shell", must obtain a Certificate of Occupancy prior to the issuance of Occupancy permits for commercial or residential tenants within the structure.

B.

Non-Residential Tenant. Each commercial business or tenant within a commercial or non-residential unit must obtain a Certificate of Occupancy.

C.

Residential. No occupancy of a new single-unit detached, duplex, cottage court unit, or townhouse residential property shall commence until the issuance of a Certificate of Occupancy. The Certificate of Occupancy issued for a residence continues with the property and does not need to be updated due to a change in ownership.

3.

Application and Review Process.

A.

Reviewers. Applications for Certificates of Occupancy are reviewed by the Director of Planning and Zoning, the Director of Parks and Recreation, the Director of Public Works, and the Zoning Administrator for completeness and compliance with all applicable requirements of this Code.

B.

Certificate Issued. If the application meets all applicable requirements, the Zoning Administrator shall issue a certificate. The certificate will include the following:

i.

Date of approval.

ii.

Location of the use.

iii.

Applicable code sections.

iv.

Any conditions of approval, including Conditional Use permits applicable to the approved use.

C.

Non-Residential Tenant Certificate Must be Displayed. Once a Certificate of Occupancy has been issued by the Zoning Administrator, the Certificate must be displayed in plain view on the premises.

D.

Appeals. The zoning decisions with respect to an application for a Certificate of Occupancy may be appealed by the applicant, following the process outlined in § 18-820, Appeals of Zoning Administrator Decision.

1.

Conditional Use Permit Required. Any use that is indicated within Article 3 of this Chapter and is marked with a "C" on the Principal Uses or Accessory Uses Tables requires the approval of a Conditional Use Permit by the Board of Zoning Appeals prior to the issuance of a Building Permit or Certificate of Occupancy.

2.

Site Plan May be Required. The Zoning Administrator will review the application and determine whether a site plan review is required prior to the commencement of review of an application for a Conditional Use Permit. See Site Plan in § 18-836.

3.

Conditions for Approval. The Board of Zoning Appeals may issue a use permit for any of the uses indicated, within Article 3, with a "C" (conditional) on the Use Table, provided the use for which the permit is sought:

A.

Will not affect adversely the health or safety of persons residing or working in the neighborhood of the proposed use;

B.

Will not be detrimental to the public welfare or injurious to property or improvements in the neighborhood;

C.

Will be in accordance with the purposes of the Town's comprehensive plan; and

D.

Meets use-specific standards outlined in Article 3 of this chapter.

4.

Action Required in Reasonable Time. The Board of Zoning Appeals shall fix a reasonable time for the hearing of an application, within ninety (90) days of the application being deemed complete. This time period is directory, rather than mandatory; the Board does not lose jurisdiction to act after the time period has passed.

5.

Application. An application for a conditional use permit shall be submitted to the Director of Planning and Zoning on such forms as the Director may prescribe and shall include the following:

A.

A detailed description of the operation of the proposed use, including any proposed ancillary or secondary use that the applicant is considering.

B.

Plans to control any potential impacts of the proposed use on the nearby community, including:

i.

Noise.

a.

Noise levels anticipated from all uses and equipment.

b.

A statement as to whether the anticipated noise complies with the levels permitted by the Town Code.

c.

Plans to control these anticipated noise levels, including noise emanating from patrons or visitors to the proposed use.

ii.

Odors. Methods to be used to control odors emanating from the use when applicable.

iii.

Trash and litter.

a.

The type and volume of trash and garbage the proposed use will generate.

b.

The planned frequency of trash collection.

c.

Planned methods to prevent littering on the property, streets and nearby properties.

iv.

Loading/unloading.

a.

Availability and adequacy of off-street loading facilities.

b.

Hours and frequency of off-street loading.

v.

Parking and Stacking.

a.

Number of spaces available to serve residents, employees, and patrons during the hours of operation, for all primary and secondary uses being proposed.

b.

Plan showing geometric design of stacking aisle and number of stacking spaces provided.

vi.

Use capacity.

a.

The estimated number of patrons, visitors, clients, pupils and other such users.

b.

The proposed number of employees, staff and other personnel.

vii.

Hours. The proposed hours and days of operation of all proposed uses.

viii.

Site Plan. A proposed site plan consistent with the requirements of § 18-836 shall be submitted, reviewed, and approved as part of the conditional use permit application and pursuant to the procedures and standards of this section, or an approved site plan showing compliance with the uses proposed.

ix.

Plans and other documents exhibiting compliance with any other requirements contained in this ordinance for the conditional use proposed and as the Director of Planning and Zoning determines are necessary and desirable for adequate review.

6.

Review Process.

A.

Pre-Application Meeting. The applicant is required to attend a pre-application meeting with Town staff prior to submitting an application for a Conditional Use Permit. See § 18-833, Pre-Application Meeting.

B.

Review for completeness. Applications for Conditional Use Permits are reviewed for completeness by the Director of Planning and Zoning and the Zoning Administrator. The application may be referred to the Director of Public Works if determined to be required by the Zoning Administrator.

C.

Application deemed complete. Once the Director of Planning and Zoning and the Zoning Administrator deem the application to be complete, the application and supporting materials are transmitted to the Planning Commission.

D.

Action by Planning Commission. The Planning Commission shall make a recommendation on the application based on Conditions for Approval outlined in § 18-824.3, and applicable Use Standards outlined in Article 3. The Zoning Administrator shall transmit the Planning Commission's recommendation with the application and supporting materials to the Board of Zoning Appeals for final review and determination.

E.

Action by the Board of Zoning Appeals.

i.

Final Decision. The Board of Zoning Appeals has the final decision authority on Conditional Use Permits.

ii.

Board may Impose Conditions. The Board may impose such conditions relating to the use for which a permit is granted as it may deem necessary in the public interest, including limiting the duration of a permit, and may require a guarantee or bond to ensure continued compliance with the conditions imposed.

F.

Appeals. Decisions by the Board of Zoning Appeals may be appealed to the Fairfax County Circuit Court per Code of Virginia § 15.2-2285, 1950, as amended.

7.

Duration of valid permit.

A.

Permit void after six months if operation not commenced. Any use permit or amended portions of existing use permits shall become void six months after issuance if construction or operation related thereto has not commenced, unless otherwise specified by the Board of Zoning Appeals.

B.

Extension of time allowed under certain conditions. An extension of time may be permitted by the Board of Zoning Appeals.

C.

Termination of use. A conditional use permit shall cease to be valid if the use for which such permit is granted is not operated for a continuous period of two (2) years or more.

8.

Enforcement and Compliance.

A.

Failure to Comply with Permit Conditions. Failure to comply with Conditional Use Permit conditions are zoning violations and subject to the enforcement measures within Division 6 - Enforcement, Compliance and Penalties.

B.

Revocation of Non-Compliant Permits. The Board of Zoning Appeals may revoke a Conditional Use Permit if the board determines that there has not been compliance with the terms and conditions of the permit. No permit may be revoked except after notice and hearing as provided by Code of Virginia, § 15.2-2204.

1.

Information filing required. The declarant of a conversion condominium in the Town shall file, with the zoning administrator, copies of all information otherwise required to be filed by such declarant with any and all appropriate departments, agencies and offices of the commonwealth and such filing with the zoning administrator shall be done simultaneously with such other filing required by the commonwealth.

2.

Offer of lease to elderly and disabled tenants required.

A.

The declarant of a conversion condominium in the Town shall, simultaneously with giving to tenants such notice of conversion as is required by applicable provisions of the Code of Virginia, offer elderly and disabled tenants occupying as their residence at that time, apartments or units in the proposed conversion condominium leases or extensions of lease on the apartments or units they then occupy or on other apartments or units of equal size and overall quality.

B.

Offers of leases or extensions of leases required by this section shall include no less than twenty (20) percent of the apartments or units in the proposed conversion condominium and shall be offered for a term of three (3) years. Such offers of leases or extensions of leases shall not apply to apartments or units which will, in the course of conversion, be substantially altered in the physical layout, restricted exclusively to nonresidential use or rendered legally uninhabitable because of renovations or rehabilitation which the declarant intends in good faith to perform.

C.

For the purpose of this section the term "elderly" means a person not less than sixty-two (62) years old and the term "disabled" means a person suffering from a severe, chronic physical or mental impairment which results in substantial functional limitations.

3.

Reimbursement of displaced tenants required. The declarant of any residential condominium converted from multifamily rental shall reimburse any tenant displaced by the conversion for amounts actually expended to relocate as a result of such dislocation but not in excess of the amount to which the tenant would have been entitled to receive under law if the real estate comprising the condominium had been condemned by the Virginia Department of Highways and Transportation (VDOT).

4.

Schedule of reimbursable expenses. The zoning administrator shall maintain a current schedule of reimbursable expenses, which schedule shall be available to the public during business hours.

1.

Driveway permit required. A permit is required for new or modified driveways. Modifications include a change of driveway size and/or location.

2.

Repair, Maintenance, and Material Changes. For previously permitted driveways, ordinary maintenance, repair, or the change of materials does not require a permit, provided the size and shape of the driveway is not altered. This provision does not apply to work done within the Town right-of-way.

3.

Driveway Regulations. Driveway applications are reviewed for compliance with regulations regarding off-street parking, lot coverage, right-of-way, and other applicable requirements per Articles 2, 4A, and 4B.

4.

Site Survey Required. All Driveway Permit Applications shall be submitted with a site plan drawn by a licensed surveyor showing existing lot conditions.

5.

Application and Review Process.

A.

Completeness and Compliance. Applications for driveway permits are reviewed by the Director of Planning and Zoning, the Director of Public Works, and the Zoning Administrator for completeness and compliance with all applicable requirements of this Code.

B.

Permit Issued by Zoning Administrator. The Zoning Administrator will issue a permit once all requirements have been met.

C.

Right-of-Way Improvements. Modifications to the public right-of-way are subject to review and approval by the Director of Public Works.

6.

Appeals. The zoning decisions on a driveway permit application may be appealed by the process within § 18-820, Appeals of Zoning Administrator Decision.

1.

Family Day Home Permit required. A Family Day Home permit is required for all licensed child day programs caring for up to four (4) children.

2.

Conditional Use Permit required. A family day home caring for more than four (4) children shall require a Conditional Use Permit. See Conditional Use Permits § 18-824.

3.

License Required. Prior to submitting for zoning approval, all required state licenses for Family Day Home must be acquired.

4.

Application and Review Process.

A.

Completeness and Compliance. Applications for Family Day Home permits are reviewed for completeness and compliance with all applicable requirements of this Code by the Director of Planning and Zoning and Zoning Administrator.

B.

Permit Issued. The Zoning Administrator will issue a permit.

5.

Appeals. The zoning decisions on Family Day Home permit application may be appealed by the process within § 18-820, Appeals of Zoning Administrator Decision.

1.

Fence permit required. A permit is required to install a new fence or replace greater than fifty percent (50%) of an existing permitted fence, including the replacement of non-structural pickets or decorative elements.

2.

Fence Regulations.

A.

Single Unit Residential Fences, Article 4A, § 18-410.

B.

Multi-Unit Residential Fences, Article 4B, § 18-465.

C.

Commercial, Industrial, and Mixed Use Fences, Article 5A, § 18-513.

D.

Public, Institutional, and Community Use Fences, Article 5B, § 18-562.

3.

Site Survey Required. All Fence Permit applications shall be submitted with a site plan or plat drawn by a licensed surveyor showing existing lot conditions.

4.

Application and Review Process.

A.

Completeness and Compliance. Applications for fence permits are reviewed by the Director of Planning and Zoning and the Zoning Administrator for completeness and compliance with all applicable requirements of this Code.

B.

Permit Issued by Zoning Administrator. The Zoning Administrator will issue a permit.

5.

Appeals. The zoning decisions on Fence Permit applications may be appealed by the process within § 18-820, Appeals of Zoning Administrator Decision.

1.

Home-based Business Permits required. Home-based businesses located in residential structures shall obtain a permit for the business prior to initiating the business use.

2.

Home-based Business Regulations. Home-based business regulations are within Article 3, § 18-327.

3.

Application and Review Process.

A.

Completeness and Compliance. Applications for Home-based business permits are reviewed by the Director of Planning and Zoning and the Zoning Administrator for completeness and compliance with all applicable requirements of this Code.

B.

Permit Issued by Zoning Administrator. The Zoning Administrator will issue a permit.

4.

Appeals. The zoning decisions on home-based business permit applications may be appealed by the process within § 18-820, Appeals of Zoning Administrator Decision.

1.

Purpose. Applications for modifications of requirements, in which the proposed development cannot be achieved within the requirements of the Zoning Code, must submit a narrative and Major Site Plan demonstrating the requested modifications to any of the following standards:

A.

Setbacks per Article 2.

B.

Lot Area per Article 2.

C.

Lot Coverage per Article 2.

D.

Number of units per Article 2.

E.

Height of an architectural feature per Article 2.

F.

Open space standards per Article 2.

G.

Screening or landscaping standards per Articles 4B, 5A and 5B.

H.

Parking standards per Articles 4B, 5A and 5B.

2.

Application and Review Process.

A.

Requests must be in writing. Requests for Modifications of Requirements shall be submitted to the Director of Planning and Zoning, accompanied by a written statement including the code sections from which relief is sought and setting forth the reasons therefor.

B.

Completeness and Compliance. Applications for modifications of requirements are reviewed for completeness and compliance with the Code of Vienna by the Director of Planning and Zoning, the Director of Public Works, the Director of Parks and Recreation, and the Zoning Administrator.

C.

Transmission to Planning Commission. Once staff review is complete, the application will be transmitted to the Planning Commission for review at a regular meeting. The Planning Commission shall make a recommendation on the application to the Town Council, which shall include reviewing for consistency with the Comprehensive Plan and the integrity of the Town Code.

D.

Final Decision by Town Council. The application and Planning Commission's recommendation are then transmitted to the Town Council for review and determination at a public hearing. The Town Council's review shall include, but not necessarily be limited to, determining whether the requested modifications would, if approved, be consistent with the Comprehensive Plan and would not impair the integrity of the Town Code.

E.

Notification. Prior to the Town Council granting or denying any such modification, notification letters by certified mail to adjoining property owners and those abutting across a public street shall be sent not less than five days prior to council's consideration of the request for modification. See also Division 5

F.

Final Approval Required before the Issuance of Other Permits. Applications for modifications of requirement must be approved by Town Council and the final site plan must be stamped as approved prior to the issuance of building permits or a Certificate of Occupancy.

G.

Referral to Board of Architectural Review. All site plans, except those for single-unit residential properties, may require referral to the Board of Architectural Review prior to approval. See § 18-821.

1.

Types of Permits Required to Establish Outdoor Dining. Outdoor Dining requires review and permits to ensure compliance with all applicable requirements.

A.

Permanent Outdoor Dining, 12 seats or Fewer. Outdoor dining utilizing 12 seats or fewer may be approved by the Zoning Administrator as part of a new or revised Site Plan and Certificate of Occupancy, subject to compliance with use standards outlined in Article 3, § 18-335.

B.

Permanent Outdoor Dining, More than 12 seats. Outdoor dining utilizing more than 12 seats must apply for a Site Plan and Conditional Use Permit, following the procedures outlined in § 18-836 and § 18-824, and is subject to compliance with use standards outlined in Article 3, § 18-335.

C.

Seasonal Outdoor Dining. Seasonal outdoor dining within off-street parking spaces, which may be utilized from April 1 to October 31 annually, requires approval of a Seasonal Outdoor Dining Permit by the Zoning Administrator. See § 18-335.3.

2.

Site Plan May be Required. Outdoor Dining Permit applications shall be associated with a site plan showing the site modifications or redevelopment in accordance with the requirements of this Chapter. The Zoning Administrator may determine that some applications do not require site plan review. See Site Plan in § 18-836.

3.

Board of Architectural Review Required. All features of outdoor dining must be approved by the Board of Architectural Review per § 18-821, Board of Architectural Review Certificate of Approval.

4.

Seasonal Outdoor Dining Permit Process.

A.

Issued by Zoning Administrator Annually. Seasonal outdoor dining requires issuance of a permit, which is to be reviewed and issued annually by the Zoning Administrator. The permit may be revoked if there is found to be lack of adherence with any conditions listed in this Chapter.

B.

Use Specific Standards for Seasonal Outdoor Dining. Seasonal Outdoor dining must meet all applicable standards within § 18-335 of Article 3 of this Chapter.

C.

Completeness and Compliance Review. Applications for Seasonal Outdoor Dining Permits are reviewed by the Director of Planning and Zoning and the Zoning Administrator for completeness and compliance with all applicable requirements of this Chapter. Review of an application by the Director of Public Works may also be required.

D.

Board of Architectural Review Required. All features of Seasonal Outdoor Dining must be approved by the Board of Architectural Review per § 18-821, Board of Architectural Review Certificate of Approval.

E.

Final Decision. After determining that the application meets the requirements of this Chapter, the Zoning Administrator may issue a permit stating any conditions of the permit approval. The permit must be displayed in a visible location during such time that outdoor seating is in place during the outdoor dining season.

F.

Appeals. The zoning decisions on Outdoor Dining applications may be appealed by the process within § 18-820, Appeals of Zoning Administrator Decision.

1.

Permit Required. The modification or addition of new patios or sports courts for private use on a single-unit residential, duplex, townhouse, or cottage court property requires a permit.

2.

Site Survey Required. All applications for a Patio or a Sports Court shall be submitted with a site plan drawn by a licensed surveyor showing existing lot conditions and the proposed new project.

3.

Projects of 2,500 square feet or more of disturbance. Proposals or alterations for sports courts or patios that will cause 2,500 square feet or more of land disturbance will require the submission of an Infill Lot Plan per § 18-836.10 Infill Lot Plan.

4.

Application and Review Process.

A.

Completeness and Compliance. Applications for Patio and Sports Court Permits are reviewed by the Director of Planning and Zoning, the Director of Public Works, and the Zoning Administrator for completeness and compliance with all applicable requirements of this Chapter.

B.

Permit Issued by Zoning Administrator. The Zoning Administrator will issue a permit once a determination has been made that all requirements have been met.

5.

Appeals. The zoning decisions on this building permit application may be appealed by the process within § 18-820, Appeals of Zoning Administrator Decision.

1.

Purpose. The purpose of a pre-application meeting is to provide an opportunity for the applicant to understand the submittal requirements and the procedures and standards applicable to an anticipated development application; and to provide Town staff the opportunity to become familiar with, and offer the applicant preliminary comments about, the scope, features, and impacts of the proposed development. For some application types, this step is mandatory. For other types, it is optional.

2.

Information to be Submitted Prior to Meeting. At least five (5) business days prior to the pre-application meeting, the applicant is encouraged to submit a written description and a conceptual plan that shows the location and general layout of the proposed development to Town staff.

3.

Scheduling. Staff will arrange a meeting with the applicant when the appropriate staff can be present. Desired meeting dates and times are not guaranteed.

4.

Premise of the Pre-Application Meeting. The pre-application meeting is a means of facilitating the formal review process, and not a review or decision of the Zoning Administrator or any other applicable decision authority.

A.

Discussions are Non-Binding. Discussions held during pre-application meetings are not binding on either the Town or the applicant.

B.

Process Review Times Not Applicable. Goals for processing times for review of development applications do not begin until a formal application is submitted and has been determined by Town staff to be complete.

1.

Generally. Proffered conditions become a part of the zoning regulations that apply to the rezoned property, unless changed by a later amendment approved by Town Council. These proffered conditions supplement the specific regulations for the zoning district in question. Once the Council approves an application with proffered conditions, any site plan, subdivision plat, or development plan submitted for the development of the property must substantially conform with all proffered conditions, and no Town official may approve any development without such substantial conformance, except as may be permitted below.

2.

Modifications of Conditions Requiring Amendment.

A.

A request that cannot be accomplished as a minor modification or minor variation requires approval of a proffered condition amendment and, when applicable, an associated development plan amendment, in accordance with the applicable procedures.

B.

An application for such an amendment may cover all or a portion of the property subject to the proffered conditions, or it may request to add proffered conditions on a parcel not currently the subject of any proffered condition. In its review of a request that does not cover the property subject to proffered conditions, the Town Council should consider whether the request would have an adverse impact on the remainder of the property in terms of:

i.

The approved use;

ii.

Fulfillment of proffered conditions;

iii.

Vehicular and pedestrian circulation, connectivity, landscaping, and streetscape; and

iv.

The approved density or intensity.

C.

After approval of an amendment, all other previously approved proffered conditions remain in full force and effect.

D.

Any modification to a proffered condition to provide an accessibility improvement or other reasonable accommodation as determined by the Zoning Administrator will be permitted and will not require approval of a proffered condition amendment.

3.

Review by Town Council Required for Proffer Amendments. Proffer statements approved by the Town Council as part of a rezoning shall only be amended after the review and approval of Town Council.

4.

Review for Completeness and Compliance. Applications for proffer amendments are reviewed for completeness by the following Town staff, depending on the nature of the amendments being required: the Director of Planning and Zoning, Director of Public Works, Director of Parks and Recreation, Town Attorney and Zoning Administrator.

5.

Review by Town Council. The application will be transmitted to the Town Council to conduct a public hearing to review and make a determination.

6.

Appeals. Appeals shall be made to the Fairfax County Circuit Court.

1.

Purpose. The Town Council may amend, supplement, or change the provisions of this Chapter, zone boundaries; or it may rezone property.

2.

Authority to Apply. An application for rezoning of property may be made by the owner, contract owner or optionee of the property that is proposed to be rezoned, which shall be submitted to the Town Council. An applicant who is a contract owner or optionee must, as part of the application, submit a document signed by the owner, with contact information of that owner, indicating consent with the application.

3.

Application and Review Process.

A.

Completeness and Compliance. Applications for Rezonings, Text Amendments and/or Map Amendments are reviewed by the Director of Planning and Zoning, the Director of Public Works, the Director of Parks and Recreation, and the Zoning Administrator for completeness and compliance with all applicable requirements of the Town Code.

B.

Application deemed complete. Once the Director of Planning and Zoning and the Zoning Administrator deem the application complete and compliant, the application and supporting materials are transmitted to the Planning Commission.

C.

Public Hearing Date set by Town Council. The Town Council shall set the public hearing date for consideration of the application.

D.

Public Hearing and Recommendation by Planning Commission.

i.

The Planning Commission may include in its recommendations additional or amended proffers from the applicant. Additional or amended proffers must be signed by all property owners or their authorized representatives and must be submitted to the Planning Director at least forty-eight (48) hours before the hearing on the application. The Planning Commission may waive or modify the forty-eight (48) hour minimum time period by a majority vote.

ii.

If the Planning Commission does not make a recommendation on the proposed rezoning within one hundred (100) days after the first meeting of the Planning Commission after the proposed amendment has been referred to the Planning Commission, the application will be deemed to be recommended for approval, unless the application is withdrawn.

iii.

Before taking any action on any proposed amendment, supplement, change, or rezoning which has been initiated by itself or a property owner, the Town Council shall receive a recommendation and report from the Planning Commission.

E.

Public Hearing and Final Decision by Town Council.

i.

After receipt of the Planning Commission's recommendation, the Town Council shall hold a public hearing on the proposed amendment, supplement, change or rezoning.

ii.

Notice of said hearing shall be accomplished as prescribed in Division 5.

iii.

The Town Council has the authority to make the final decision on all applications for rezonings, text amendments and map amendments. The decision on the application must be one of the following:

a.

Approval of the application as submitted;

b.

Approval of the application subject to additional or amended proffers from the applicant;

c.

Disapproval of the application;

d.

Remand of the application back to the Planning Commission for further consideration; or

e.

Other action consistent with the Code of Virginia.

iv.

In determining whether to adopt or disapprove any proposed amendment, supplement, change, or rezoning, the Town Council may consider many factors consistent with the Code of Virginia, including whether and to what extent the proposal:

a.

Is consistent with the goals and policies of the comprehensive plan and other applicable Town-adopted plans and planning documents;

b.

Fulfills any other appropriate land use or zoning purposes or any other relevant purpose permitted by law;

c.

Is not in conflict with any provision of this Chapter, the Town Code, and the Code of Virginia; and

d.

Is required by the public necessity, convenience, general welfare, or good zoning practice.

v.

Effect of Protest of Rezoning and Map Amendments on Council Vote. If a valid protest is received against a proposed rezoning and map amendment application, the Town Council must make a favorable vote of two-thirds (⅔) of the Town Council quorum present to approve the application. See § 18-835.5.

F.

Appeals. The decision of the Town Council may be appealed to the Fairfax County Circuit Court.

G.

Reapplication for rezoning. No application for any change to the same or a less restricted classification of zoning of the same lot, plot, parcel, or portion thereof, shall be considered by the Town Council and the Planning Commission within twelve (12) months of the final action of the Town Council upon the prior application. This provision, however, shall not impair the right of the Town Council to propose a change of zoning on its own motion.

4.

Proffers and Conditions of Approval.

A.

Proffered conditions may include any statement, plan, and other materials that are submitted with a rezoning application and referenced in a written statement signed by the applicant, all owners, and any contract purchaser(s), and accepted by the Town Council in conjunction with the approval of a rezoning.

B.

Conditions of approval must comply with the following requirements:

i.

Only conditions proffered by the applicant and accepted by the Town Council upon approving the application become part of the zoning requirements for those identified properties. The Town Council may accept some or all of the proffered conditions.

ii.

Conditions may include text, plans, drawings, and maps.

iii.

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

iv.

Conditions shall have a reasonable relation to the zoning.

v.

Conditions may include a cash contribution to the Town in accordance with the Virginia State Code. Cash proffers may be used for any public improvements consistent with the Town's adopted Capital Improvement Plan and/or goals set forth in the Town's Comprehensive Plan to address transportation and other public facility needs and impacts.

vi.

Conditions shall not include mandatory dedication of real or personal property for open space, parks, schools, fire departments or other public facilities not otherwise provided for in the Town's subdivision, site plan or other Town ordinances.

vii.

Conditions may include payment for or construction of off-site improvements to address transportation and public facility impacts that are not already provided for in the Town's subdivision or site plan ordinances.

viii.

Except for off-site transportation and public facility improvements, no condition shall be proffered that is not related to the physical development or physical operation of the property.

ix.

All such conditions shall be in conformity with the comprehensive plan.

x.

The conditions must not be used for the purpose of discrimination in housing.

xi.

The conditions must not be less restrictive than the standards of the corresponding base zoning district, any applicable overlay zoning district standard, or other applicable requirements of this Chapter.

C.

Enforcement of Proffered Conditions.

i.

The Zoning Administrator is vested with authority to administer and enforce proffered conditions. This authority includes the ability to remedy, by written order, any noncompliance with a proffered condition and the ability to bring legal action to ensure compliance.

ii.

The Zoning Administrator or the Zoning Administrator's designated agent may require:

a.

A guarantee, satisfactory to the Town Council, in an amount sufficient to cover the construction cost of any physical improvements required by the proffered conditions; or

b.

A contract for the construction of such improvements and the contractor's guarantee, in like amount, which may be reduced or released by the Council or agent of the Council, with satisfactory evidence that the improvements have been constructed in whole or in part.

iii.

Failure to meet or comply with any proffered condition is sufficient cause to deny the approval of a subdivision plan or site plan, and the issuance of any permits, including building permits and Certificates of Occupancy, as the Zoning Administrator may deem appropriate.

iv.

Any person aggrieved by a decision of the Zoning Administrator regarding any proffered condition may appeal that decision to the Board of Zoning Appeals. The appeal must be filed within thirty (30) days from the date of the decision being appealed by filing with the Zoning Administrator and the Clerk to the Board a notice of appeal specifying the grounds on which aggrieved.

D.

An application for rezoning, text amendment or map amendment must be acted upon and a decision made within a reasonable time, which must not exceed twelve (12) months from the date of acceptance of the completed application unless the application is withdrawn or the applicant requests or consents to action beyond such period.

5.

Protest of Rezoning and Map Amendments.

A.

Ability to Submit Protest. A protest against any proposed change of zone boundaries or rezoning of property may be submitted by twenty-five percent (25%) or more of either of the following:

i.

The owners of lots included within the area of the proposed change; or

ii.

The owners of lots abutting the area included in such proposed change, and the owners of lots directly opposite the area included in such proposed change, where such area abuts upon a street.

B.

Petition Under Oath.

i.

The owner(s) of any lot(s) submitting any such protest petition shall execute such protest petition under oath that they are the legal owner(s) or authorized representative(s) of any such owner(s).

ii.

If the owner(s) of any lot is a corporation or condominium, the petitioner shall submit the appropriate documentation demonstrating he/she is the authorized representative for the owner(s).

C.

In Hard Copy. A protest petition must be received in hard copy by the Town Clerk, containing all of the required information and signatures. Digital versions may be requested.

D.

Petition Deadline. A protest petition must received by the Town Clerk no later than 12:00 noon on the working day before the day of the first public hearing on the application or motion is first conducted by the Town Council.

1.

Site Plan Approval Required. Development of, redevelopment of, or modifications to property must be approved through one of the following site plan types prior to the issuance of a building permit or commencing excavation.

2.

Types of site plans.

A.

Minor. Applications for minor changes to site plans must be for projects that have less than 2,500 square feet of land disturbance and not require Modifications of Requirements per § 18-830. Examples include parking lot restriping (with a design change), refuse storage changes, addition of outdoor dining and patios, and other site plan amendments determined to be minor by the Zoning Administrator and the Director of Public Works.

B.

Major. All new site plans, new structures, and site plans with land disturbance of 2,500 square feet or more are considered major site plans. All site plans where a modification of requirements is requested shall follow the Major Site Plan process (See § 18-830, Modification of Requirements).

C.

Avenue Center Overlay (AC-O). Applications for development in the Avenue Center District that wish to utilize the incentives of the Avenue Center Overlay zone (Article 2, § 18-235) must submit a Major Site Plan demonstrating that the additional requirements of the Avenue Center Overlay process will be met as part of the plan.

D.

Church Street Vision Overlay (CS-O). Applications for development in the Church Street District that wish to utilize the incentives of the Church Street Vision Overlay zone (Article 2, § 18-236) must submit a Major Site Plan demonstrating that the additional requirements of the Church Street Vision process will be met as part of the plan.

E.

Corporate Park District (CP). Applications for a building permit or certificate of occupancy in the Corporate Park District (Article 2, § 18-227) that is not in accordance with the approved site plan of development for the property, must first submit an amendment to the site plan including all required information about the proposed use.

F.

Parks Zones (PR & PC). Any changes to a site plan for properties zoned Parks and Recreational (PR) (Article 2, § 18-232) or Parks and Conservation (PC) (Article 2, § 18-233) must be approved by Town Council.

G.

Infill Lot Plan and Lot Grading Plan, Residential Application.

i.

Single-unit residential infill construction with 2,500 square feet or more of land disturbance requires the approval of a site plan prior to the issuance of a building permit for new construction or additions.

ii.

Infill development on residential lots that are part of a subdivision that is in active development shall submit a Lot Grading Plan, demonstrating compliance with the approved subdivision.

3.

Application Process for Site Plans, Generally.

A.

Completeness and Compliance. Applications for site plans are reviewed for completeness and compliance with the Code of Vienna by the Director of Planning and Zoning, the Director of Public Works, the Director of Parks and Recreation, and the Zoning Administrator.

B.

Final Approval Required before the Issuance of Other Permits. A final site plan must be stamped as approved prior to the issuance of building permits or a Certificate of Occupancy.

C.

Referral to Board of Architectural Review. All site plans, except those for single-unit residential properties, may require referral to the Board of Architectural Review prior to approval.

4.

Minor Site Plan Applications.

A.

Submission Requirements Reduced. The Director of Public Works and the Zoning Administrator may, based on the proposed scope of work, accept the submission of a site plan with reduced detail or for a segment (rather than the whole) of a site, if they deem that the assessment for completeness and compliance will still be sufficient.

B.

May Require Major Site Plan. After review by the Director of Planning and Zoning, Director of Public Works, Zoning Administrator, and Director of Parks and Recreation, a determination may be made that the application shall be reviewed as a Major Site Plan, and that additional submission materials are required for a Major Site Plan application.

C.

Application Review and Process.

i.

Completeness and Compliance. Applications for minor site plans are reviewed for completeness and compliance with Town Code by the Director of Planning and Zoning, the Director of Public Works, the Director of Parks and Recreation, and the Zoning Administrator.

ii.

Final Approval by the Zoning Administrator and Director of Public Works. The Zoning Administrator and Director of Public Works issue the final stamped site plan and the Town of Vienna site and zoning review approval letter.

5.

Major Site Plan Applications.

A.

Full Submission Requirements. The Director of Public Works and Zoning Administrator shall require a site plan submission that provides all material needed to ensure compliance with all Town, County and State regulations.

B.

Required Public Improvements. All major site plans are required to meet the required public improvements provisions outlined in Article 6, § 18-628 in accordance with standards and specifications by the Director of Public Works per the road category shown on the Town's Official Map along all lot lines of all dedicated rights-of-way.

C.

Application and Review Process.

i.

Completeness and Compliance. Applications for major site plans are reviewed for completeness and compliance with the Town Code by the Director of Planning and Zoning, the Director of Public Works, the Director of Parks and Recreation, and the Zoning Administrator.

ii.

Final Approval by the Zoning Administrator and Director of Public Works. The Zoning Administrator and Director of Public Works provide their final approach through the issuance of the final stamped site plan and the Town of Vienna site and zoning review approval letter.

6.

Avenue Center Amenity Overlay Applications.

A.

Zoning Incentives. Developments proposed within the Avenue Center Overlay Zone that intend to utilize the bonus modification incentives identified in § 18-235 must submit a site plan to the Department of Planning and Zoning.

B.

Application and Review Process.

i.

Completeness and Compliance. Applications to utilize the Avenue Center Overlay zoning bonuses are reviewed for completeness and compliance with the Town Code by the Director of Planning and Zoning, the Director of Public Works, the Director of Parks and Recreation, and the Zoning Administrator.

ii.

Final Decision by Town Council. Once staff review is complete, the application will be transmitted to the Town Council for review and determination at a public hearing. Town Council shall review and consider the application for compliance with the Avenue Center (AC) Amenity Overlay District requirements in this Code.

7.

Church Street Vision Overlay Applications.

A.

Zoning Incentives. Developments proposed within the Church Street Vision Overlay Zone that intend to utilize the bonus modification incentives identified in Article 2, § 18-236 must submit a site plan to the Department of Planning and Zoning.

B.

Required Public Improvements. All major site plans are required to meet the required public improvements provisions outlined in Article 6, § 18-628 in accordance with standards and specifications by the Director of Public Works per the road category shown on the Town's Official Map along all lot lines of all dedicated rights-of-way.

C.

Application and Review Process.

i.

Completeness and Compliance. Applications to utilize the Church Street Vision Overlay zoning bonuses are reviewed for completeness and compliance with Town Code by the Director of Planning and Zoning, the Director of Public Works, the Director of Parks and Recreation, and the Zoning Administrator.

ii.

Final Decision by Town Council. Once staff review is complete, the application will be transmitted to the Town Council for review at a regular meeting. Town Council shall review and consider the application for compliance with the Avenue Center (AC) Amenity Overlay District requirements in this Chapter.

8.

Corporate Park District Plan of Development Application.

A.

Application. An application for a Corporate Park District Plan of Development shall be submitted to the Director of Planning and Zoning on such forms as the Director may prescribe and shall include the following:

i.

Plan of Development. In addition to the standard site plan requirements, the plan of development is required to include the following:

a.

Location and height of all buildings and structures.

b.

Area devoted to parking facilities and loading berths.

c.

All access roads, landscaping and screening plans.

d.

Areas designated for outdoor storage.

e.

Proposed signs.

ii.

Description of proposed operation. A description of the proposed operation including:

a.

All machinery, processes, and products.

b.

An estimate of the maximum number of employees contemplated and the number of shifts during which they would work.

c.

Specifications for the mechanisms and techniques to be used in restricting the emission of dangerous and objectionable elements.

d.

Effects of the operation including noise, glare, odor, sewerage, air pollution, water pollution, fire or safety hazards, or other factors detrimental to the health safety, and welfare of the area.

iii.

Private covenants. Private covenants and/or provisions for associations of individual owners proposed within a Corporate Park (CP) District shall be included as a part of the preliminary development plan.

iv.

Other information required. The applicant shall provide whatever other information the Planning Commission or the Town Council may require to determine the effect that the proposed uses may have upon their environment and on the cost of providing municipal services to the areas.

B.

Review Process.

i.

Completeness and Compliance. Applications for Corporate Park Plan of Development are reviewed for completeness and compliance with Town Code by the Director of Planning and Zoning, the Director of Public Works, the Director of Parks and Recreation, and the Zoning Administrator.

ii.

Transmission to Planning Commission. Once staff review is complete, the application will be transmitted to the Planning Commission for review at a regular meeting. The Planning Commission shall make a recommendation on the application to the Town Council.

iii.

Final Decision by Town Council. The application and Planning Commission's recommendation are then transmitted by the Director of Planning and Zoning to the Town Council for review and determination at a public hearing. Town Council shall review and consider the application for compliance with the Corporate Park (CP) District requirements in this Chapter and determination that the proposed development will achieve the following:

a.

A maximum of coordination between the proposed use and the surrounding uses;

b.

Harmony with the character of the surrounding neighborhood and consistent with the overall long-range plans for the community;

c.

Adequately landscaped, buffered, and screened; and

d.

Will not result in traffic hazards.

9.

Parks Zones (PR & PC).

A.

Full Submission Requirements. The Director of Public Works and the Zoning Administrator shall require a site plan submission that fulfills the requirements of the complete site plan submission checklist.

B.

Application Review and Process.

i.

Completeness and Compliance. Applications for site plans for development in the Parks and Recreation or Parks and Conservation zones are reviewed for completeness and compliance with Town Code by the Director of Planning and Zoning, the Director of Public Works, the Director of Parks and Recreation, and the Zoning Administrator.

ii.

Transmission to Planning Commission. Once staff review is complete, the application will be transmitted to the Planning Commission for review at a public hearing. The Planning Commission shall make a recommendation on the application to the Town Council.

iii.

Final Decision by Town Council. The application and Planning Commission's recommendation are then transmitted by the Director of Planning and Zoning to the Town Council for review and determination at a public hearing.

10.

Infill Lot Plan and Lot Grading Plan, Residential Application.

A.

Full Submission Requirements. The Director of Public Works and the Zoning Administrator shall require a site plan submission that fulfills the requirements of the complete site plan submission checklist.

B.

Application Review and Process.

i.

Completeness and Compliance. Applications for Infill Lot Plans are reviewed for completeness and compliance with Town Code by the Director of Planning and Zoning, the Director of Public Works, the Director of Parks and Recreation, and the Zoning Administrator.

ii.

Final Approval by the Zoning Administrator and Director of Public Works. The Zoning Administrator and Director of Public Works issue the final stamped site plan and the Town of Vienna site and zoning review approval letter.

11.

Appeals.

A.

Administrative Zoning Decisions. The zoning decisions made by the Director of Planning and Zoning and the Zoning Administrator on any site plan applications may be appealed by the process within § 18-820 Appeals of Zoning Administrator Decision.

B.

Town Council Decisions. Decisions by Town Council may be appealed to the Circuit Court.

Processes related to subdivisions, lot line and boundary adjustments can be found in Article 6.

1.

Temporary Uses Requiring a Permit. The following temporary uses identified in Article 3 require approval of a Temporary Use Permit prior to commencement of the desired use:

A.

Construction Site Office and Storage (§ 18-319).

B.

Farmers Market (§ 18-325).

C.

Model Home Sales or Leasing Office/Trailer (§ 18-334).

D.

Portable Storage Container Permit (§ 18-338).

E.

Shelter, Hypothermia Prevention (§ 18-344).

2.

Permit Validity.

A.

Portable Storage Container. No permit for a Portable Storage Container is valid for greater than thirty (30) days. No lot may have a Portable Storage Container Permit for longer than a total of thirty (30) days in any consecutive twelve (12) month period.

B.

Portable Storage is Exempt if Part of an Active Building Permit. During bona fide construction activity, where there is valid building permit in place on such lot, and for an additional period of twenty-four (24) hours before and after such construction, a portable storage container used in connection with such construction activity may remain for a period not exceeding a total of six months in any 12-month period.

3.

Application and Review Process.

A.

Review for completeness and compliance. Applications for Temporary Use Permits are reviewed by the Director of Planning and Zoning, and the Zoning Administrator for completeness and compliance with all applicable requirements of this Code.

B.

Final Decision. The Zoning Administrator will issue a permit with conditions and expiration date of permit.

4.

Appeals. The zoning decisions on a Temporary Use Permit application may be appealed by the process within § 18-820, Appeals of Zoning Administrator Decision.

1.

Public Use Trailers. A public use trailer, for uses specified in Article 3 and defined in Article 9, may be permitted to serve an interim need as part of a permitted public use, subject to the following standards and procedures:

A.

Authorized by Town Council. The Town Council may approve, for a period of up to three years, a public-use trailer or manufactured home for temporary public use upon finding that such installation complies with the applicable provisions of this chapter and is consistent with the conditions of any permit for the principal use issued pursuant to Article 3.

B.

Extension of Time. The Council, upon a finding that the public health, safety and welfare of the Town will not be thereby impaired, may extend the time allowed for a public use trailer for additional periods of up to two years, each pursuant to submission of an application for Modification of Requirement as outlined in § 18-830.

C.

Consistency with approved plans. All public use trailers must comply with all provisions of this Chapter and be consistent with all conditions of any existing conditional use permit, or as shown on an approved site plan with any approved modifications of requirement.

D.

Town Manager may approve interim use. The Town Manager may approve the installation of a public use trailer or public use manufactured home to respond to exigent needs. Such approval shall be for an interim period, not to exceed one school year, pending satisfaction of the requirements of this section.

2.

Temporary Residential Trailers.

A.

Authorized by Town Council. Town Council may authorize the temporary use of a trailer or mobile home as a dwelling for a period not to exceed six months by residents, of the Town when the Town Council is first satisfied that such temporary use is required during reconstruction of a dwelling located in the Town and formerly occupied by said residents which dwelling has been destroyed or rendered uninhabitable by fire or other disaster not willfully caused by such residents.

B.

Revocation of permit. Any such authorization of the Town Council pursuant hereto may be revoked by the Town Council prior to expiration of the six (6) month period if revocation is deemed by the Town Council to be necessary in the public interest.

1.

Certificate of Appropriateness Required. Review by the Windover Heights Board of Review is required before the issuance of a building permit or zoning permit for the following actions within the Windover Heights Historic District:

A.

Erection of a building, accessory building, structure, fence, or sign.

B.

Changing or altering the exterior architectural character of an existing building, accessory building, or structure to that degree which requires obtaining a building permit.

2.

Exceptions to when a Certificate of Appropriateness is Required. A certificate of appropriateness shall not be required in the following cases:

A.

Erection, alteration or reconstruction of buildings, accessory buildings, structures, fences, or signs when no part of such improvement is subject to public view at any time of the year from a public street, way, or place.

B.

Repair or replacement of any part of an existing building, including accessory building, structure, fence or sign when using substantially similar materials and maintaining the same architectural features.

C.

Repair or replacement of a roof on an existing building or accessory building even if different colors or materials are used. However, any change to the existing roofline or profile of the roof shall require a certificate of appropriateness.

D.

Repair or replacement of existing stoops, porches, entryways, windows, or doors; or the repair, replacement or addition of screens, storm doors, or storm windows.

E.

Erection of a shed or other accessory structure which does not require a building permit.

F.

Construction of an in-ground swimming pool. However, a pool constructed so that any part, excepting handrails or diving boards, is more than eighteen (18) inches above ground shall require a certificate of appropriateness.

G.

The painting or repainting of an existing building, accessory building, structure, fence, or sign.

3.

Criteria for Review.

A.

In its review of any application for a certificate of appropriateness, the Windover Heights Board of Review, or the Town Council, on appeal, shall consider the following aspects of a building, accessory building, structure, fence, or sign:

i.

Exterior architectural features, including all signs, which are subject to public view at any time of the year from a public street, way or place.

ii.

General design and arrangement.

iii.

Texture and material.

iv.

The relation to similar features of buildings, accessory buildings, structures, fences, or signs in the immediate surroundings.

v.

Harmony or incongruity with the old and historic aspect of the surroundings.

vi.

The extent to which historic places and areas of historic interest in the district will be preserved or protected.

vii.

Special public value because of architectural and other features which relate to the cultural and artistic heritage of the Town.

B.

The board shall not consider interior arrangement, or relative size of the building, accessory building, structure, fence, or sign.

4.

Site Survey Required. All Windover Heights Board of Review applications shall be submitted with a site plan drawn by a licensed surveyor showing existing lot conditions and the proposed improvements when applicable.

5.

Site Plan May be Required. Windover Height Board of Review applications associated with a project with two thousand five hundred (2,500) square feet or more of land disturbance require an Infill Lot Plan or Lot Grading Plan.

6.

Application and Review Process.

A.

Review for completeness. Applications for the Windover Heights Board of Review are reviewed for completeness by the Director of Planning and Zoning and the Zoning Administrator.

B.

Application deemed complete. Once the Director of Planning and Zoning and the Zoning Administrator deem the application to be complete, the application and supporting materials are transmitted to the Windover Heights Board of Review.

C.

Final Decision. The Windover Heights Board of Review shall hear the application and reach a decision of approval, approval with modifications, or denial. The Board may defer its decision and request more information to be transmitted at a future meeting if time is extended by mutual agreement between the board and the applicant. If such application is approved, a certificate of appropriateness signed by the chair or vice-chair, shall be attached to the application for certificate of appropriateness and transmitted to the zoning administrator, or designee, for issuance.

D.

Building Permit Application. Only after the Board has made a final decision, and no appeals have been made, the Director of Planning and Zoning and Zoning Administrator may accept the Building Permit applications for the proposed application. See § 18-822, Building Permits.

7.

Appeals.

A.

Right to Appeal within thirty (30) days. Any person jointly or severally aggrieved by any decision of the board, including any applicant, any citizen of the Town, and the Town through its Zoning Administrator, may appeal such decision to the Town Council by filing with the Town clerk a written request for appeal. Such appeal shall be filed within thirty (30) days after the decision has been made by the board.

B.

Town Council to hear appeal.

i.

The Town Council shall, within thirty (30) days of receipt of such written request, or within a longer period if agreed upon by the applicant, grant such applicant a full hearing at a public meeting.

ii.

Within thirty (30) days of such hearing, and after consultation with the board, the Town Council may reverse or modify the decision of the Board, in whole or in part, or it may affirm the decision of the Board.

(Ord. of 2-24-2025)

1.

Purpose. The Code of Virginia empowers the Zoning Administrator to interpret the Zoning Ordinance when there is a need for clarity in the application and administration of zoning regulations, either generally or as applied to a specific property. To this end, the Zoning Administrator issues written determinations and advice memorializing such interpretations and findings of fact.

2.

Application to Zoning Administrator. Applications for Zoning Administrator determinations are submitted for review and response to the Zoning Administrator and the Director of Planning and Zoning.

3.

Appeals. Determinations by the Zoning Administrator may be appealed by the process within § 18-820, Appeals of Zoning Administrator Decision.

1.

Authority to decide interpretation of district boundary. The Board of Zoning Appeals is authorized to interpret the zoning map where there is any uncertainty as to the location of a district boundary. The Board may interpret the map in such way as to carry out the intent and purpose of the zoning code for the section or district in question.

2.

Interpretation shall not result in re-zoning of property. The Board of Zoning Appeals shall not have the power, however, to re-zone property or substantially to change the locations of district boundaries as established by this chapter, or to change the locations of zone boundaries as established by the zoning map.

3.

Public Hearing shall be Held. The Board of Zoning Appeals shall hold a public hearing and give notice of the time and place thereof as prescribed in Division 5.

1.

Variances are allowed from requirements of this Chapter. The Board of Zoning Appeals shall have the power to grant, upon appeal or original application in specific cases, such variance from the terms of this chapter provided the burden of proof shall be on the applicant for a variance to prove by a preponderance of the evidence that the application meets the standard for a variance and the criteria set out in this section.

2.

Modification of Requirements. Modification of Requirements, as described within § 18-830, are not Zoning Variances, and the modifications that are eligible for site plan applications are not also eligible for Zoning Variances.

3.

Submission Requirements.

A.

Site Survey or Infill Lot Plan. All Zoning Variance requests shall be submitted with a site plan drawn by a licensed surveyor, showing existing lot conditions.

B.

Site Survey Showing Proposed Conditions. A site survey must be provided, showing the proposed specific improvements and the proposed variance from the Zoning Code.

C.

Architectural Plans Required. Variance requests that include the construction of an addition to an existing home or a new structure must include architectural elevations drawn by a licensed architect or other design professional. The architectural plans must be specific and complete as to the variance requested from the Zoning Code.

4.

Criteria for Approval. Notwithstanding any other provision of law, general or special, a variance shall be granted if the evidence shows that the strict application of the terms of the ordinance would unreasonably restrict the utilization of the property or that 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 ordinance, and:

A.

The property interest for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance;

B.

The granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area;

C.

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 ordinance;

D.

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,

E.

The relief or remedy sought by the variance application is not available through the Conditional Use Permit process or, when permitted by this Chapter, determination by the Zoning Administrator.

5.

Application and Review Process.

A.

Pre-Application Meeting. Applicant is required to attend a pre-application meeting with Town staff prior to submitting an application for a Zoning Variance. See § 18-833 Pre-Application Meeting.

B.

Review for completeness. An application for a Zoning Variance is reviewed for completeness by the Director of Planning and Zoning and the Zoning Administrator. The application may be referred to the Director of Public Works if determined to be necessary by the Zoning Administrator.

C.

Application deemed complete. Once the Director of Planning and Zoning and the Zoning Administrator deem the application to be complete, the application and supporting materials are transmitted to the Board of Zoning Appeals.

D.

Action by the Board of Zoning Appeals.

i.

Final Decision. The Board of Zoning Appeals has the final decision authority on Zoning Variances.

ii.

Board may Impose Conditions. 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.

6.

Appeals. Decisions by the Board of Zoning Appeals may be appealed to the Circuit Court per the Code of Virginia, § 15.2-2285, 1950, as amended.

7.

Variance Valid for six (6) months from Approval. Any variance authorized by the board to permit the erection or alteration of a building or structure shall be valid only for six months. Within the six months, a Building Permit must be obtained for the approve variance to remain valid.

1.

Required Notice for Public Hearing. Each public hearing involving planning and zoning matters before the Town Council, Planning Commission or Board of Zoning Appeals requires notice, as set out in § 15.2-2204 of the Code of Virginia, 1950, as amended, and as set forth below.

2.

Responsibility for Notification. In any case requiring public notification, as shown in § 18-804 and § 18-805, the Director of Planning and Zoning shall send any notice required by this section and § 15.2-2204 of the Code of Virginia, 1950, as amended.

3.

Cost of Notice. The cost of any notice required by this section shall be paid by the applicant. The cost of placing the original newspaper notice is included in the application fee. The cost of newspaper notices for re-hearings or additional hearings required by the applicant's actions shall be paid separately by the applicant.

4.

Certification.

A.

At least five (5) calendar days prior to the hearing, an affidavit, prepared by the person or persons providing all forms of notice, shall be filed with the Director of Planning and Zoning certifying that all required notices have been sent or posted.

B.

Such affidavit of notification shall include the following attachments:

i.

A list of names of those to whom notice was sent.

ii.

Copy of the written notice sent.

iii.

Proof of copy posted in the newspaper.

iv.

Photos of placard notice postings.

C.

A copy of such affidavit shall be included with the application packet presented at the beginning of the public hearing on the application.

5.

Failure to Receive Notice. Failure by any person to receive any notice of a hearing required by this section, in and of itself, shall not invalidate any action taken at or subsequent to the hearing.

6.

Joint Hearing. The Planning Commission and Town Council may hold a joint public hearing after public notice as set forth in this subsection. If a joint hearing is held, then public notice as set forth in this subsection need be given only by the Town Council.

7.

Continued Hearing. If the hearing is continued, notice of such continuation shall be provided in the same manner as the original notice.

8.

Deferral. If an item is not heard at the time for which it was noticed and the public hearing is not opened, but is deferred at that time to another date, all notice required by this section shall be given for the new date of the deferred public hearing.

9.

Closed Public Hearings. If a public hearing is closed but the particular agenda item is not completed, no additional notice is required as long as the date(s) for completion of the public hearing agenda is announced at the hearing that has been closed.

(Ord. of 2-24-2025)

1.

The following table in § 18-846 summarizes the types of notification required for identified application and review processes.

2.

The table includes notifications required by the Code of Virginia, 1950, as amended, as well as courtesy notifications required by the Town of Vienna.

3.

The abbreviations in this section apply to the table in § 18-846. Each cell is located at the intersection of a row and a column, and the meanings of the abbreviations are as follows:

A.

R - Required. A "R" in a table cell indicates that type of Notification is required by the Code of Virginia, 1950, as amended, or Town Code, for the identified stage review for the application or review process in that row.

B.

C - Courtesy. A "C" in a table cell indicates that type of Notification is provided as a courtesy for the identified stage review for the application or review process in that row.

C.

L - Letters. A "L" in a table cell indicates that letters, not postcards, must be used as the form of written notice.

D.

P - Postcards. A "P" in a table cell indicates that postcards may be sent as the form of written notice.

E.

"-" An "-" in a table cell indicates that form of notification in that column is not required for the application or review process in that row.

* Note: For the Windover Heights Board of Review applications, only the surrounding properties within the WHBR district are notified.

1.

Timeframe and Type of Mailed Notice.

A.

Notice shall be sent at least five (5) calendar days before the hearing and no more than twenty-one (21) days before the hearing, by registered or certified mail, to the last known address of an owner as listed in the current Fairfax County real estate tax assessment records or current real estate tax assessment books.

B.

Notice may be given by regular mail in any instance in which two (2) or more notices are required for the same action, provided the first notice is sent by certified or registered mail as required.

2.

Contents of Written Notice. All required written notices shall contain:

A.

The time, date and place of hearing;

B.

A brief description of the matter being heard;

C.

Information, such as a web site reference, showing how more information regarding the application can be obtained;

D.

Identification of the land that is the subject of the application (including the tax map number of the property and complete street address of the property, if any); and

E.

The assigned case file number.

3.

Written Notice for Town Agency. Notwithstanding any other provisions of this section, whenever the notices required under this section are sent on behalf of an agency, department or division of the Town, such notice shall be sent by the Zoning Administrator and may be sent by first class mail; and the Zoning Administrator shall make affidavit that such mailings have been made and file such affidavit with the papers in the case.

4.

Recipients of Notification. Written notice of any public hearing where notification is required shall be provided to:

A.

Owners and Agents. The owner or owners, their agent, and/or the occupant of each parcel involved; and to the owner or owners, their agent and/or the occupant of all abutting property and property immediately across the street or road from the property affected, including those properties that lie in other localities of the Commonwealth.

B.

Condominium Ownership. In the case of a condominium, written notice may be sent to the unit owners' association or proprietary lessees' association, respectively, in lieu of each individual unit owner.

C.

Fairfax County. When a comprehensive plan amendment, zoning map amendment, or special exception application, such as conditional use permits or special use permits, involves any parcel of land located within one-half (½) mile of a boundary of an adjoining locality of the Commonwealth, written notice of the application shall be given by the local commission, or its representative, at least ten (10) calendar days before the hearing to the chief administrative officer, or designee, of such adjoining locality.

D.

In the Case of Public Land. When a proposed amendment to the zoning ordinance involves a tract of land not less than five hundred (500) acres owned by the Commonwealth 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.

E.

Notice to Owner if Applicant is not the Owner or Representative. When any applicant requesting a written order, requirement, decision, or determination from the zoning administrator, other administrative officer, or a board of zoning appeals that is subject to the appeal provisions, is not the owner or the agent of the owner of the real property subject to the written order, requirement, decision or determination, written notice shall be given to the owner of the property within ten (10) days of the receipt of such request.

1.

Timeframe of posting. Placard notice shall be posted by the Zoning Administrator or their agent, using a form of placard approved by the Town Council, at least fifteen (15) calendar days and no more than twenty (20) calendar days prior to each public hearing.

2.

Contents of Placards. Placards shall contain:

A.

The time, date and place of the hearing;

B.

The type(s) of application(s) and assigned case file number(s);

C.

Identification of the board, commission or Town Council holding the hearing; and

D.

Information, such as a web site reference, showing how more information regarding the application can be obtained.

3.

Location of Placards. Placards shall be affixed to a pole, post, fence or other structure to be clearly visible from each public road abutting the property. If no public roads abut the property, then the placard shall be posted so as to be clearly visible from at least two abutting properties and at the access points to said property.

4.

Certification of posting. Certification of placard posting shall be provided to the Director of Planning and Zoning, except that such certification shall be provided to the Zoning Administrator for public hearings before the Board of Zoning Appeals.

5.

Maintenance and Removal of Placards. The applicant shall maintain all placards up to the time of the hearing and shall remove all posted placards no later than fifteen (15) calendar days after the public hearing has been closed.

6.

Penalties. It shall be unlawful for any person to destroy, deface or remove such placard notice. Any person taking such action shall be subject to the penalties set forth in Article 8, Division 6.

1.

News Paper(s) of Local Circulation. Notice shall be published in a newspaper or newspapers of general circulation in the Town of Vienna.

2.

Time of Newspaper Notice.

A.

The notice shall appear at least once a week for two (2) successive weeks with not less than six (6) days elapsing between the first and second publication.

B.

The first notice shall appear no more than fourteen (14) days before the hearing.

3.

Contents of Newspaper Notice. The notice shall contain the following:

A.

The time, date and place of the hearing;

B.

A brief description of the matter being heard;

C.

Identification of the land that is the subject of the application including the property tax identification number, tax map number and complete address of the property, if any;

D.

In the case of a zoning map amendment, the notice shall include any proposed amendment to an approved concept plan, any proposed modification of ordinance regulations, the general usage and density range of the proposed zoning amendment;

E.

The assigned case file number;

F.

References to the place or places in the Town where copies of the proposed plans, ordinances or amendments may be examined.

G.

Information, such as web site reference, showing how more information regarding the application can be obtained.

1.

Compliance with all the procedures, standards, and other provisions of this Chapter is required by any person owning, developing, managing, using, or occupying land or structures in the Town.

2.

When a Permit, Order, or Certificate is Required. It shall constitute a violation of this Chapter for any person (whether owner, agent, or occupant) to do any of the things for which a permit, order or certificate is required by this Chapter without having first obtained the said permit, order or certificate.

3.

Approval Must be Obtained Prior to Development. All permits and development approvals required by this Chapter must be obtained prior to disturbing or developing land.

4.

Permit Authorizes Work Only Described Within. Each permit or development approval authorizes only the development set forth in that permit or development approval.

1.

Complaints and Investigation. Whenever a violation of this Chapter occurs, or is alleged to have occurred, any person may make a complaint to the Zoning Administrator, identifying the property and the condition believed to constitute the violation. The Zoning Administrator will make a record of complaints received, promptly investigate, and act to ensure compliance with this Chapter, if appropriate and warranted.

2.

Each Day Shall Constitute a Separate Offence. Each day during which a violation is found to have existed shall constitute a separate offense. However, specified violations arising from the same operative set of facts shall not be charged more frequently than once in any ten (10) day period.

3.

Other Penalties allowed by Code of Virginia. The Zoning Administrator may exercise any other penalties allowed by the Code of Virginia for violations of this Chapter.

1.

Preliminary Notification of Violation. The Zoning Administrator, or a representative, may provide a preliminary notification to any person, business or property suspected of a violation of this Chapter. This preliminary notification is not a formal determination and is not subject to appeal.

2.

Notice of Violation. When the Zoning Administrator has determined that a violation of this Chapter has occurred, the Zoning Administrator will provide written notice of the violation to the owner of the land on which the violation exists and/or the responsible parties. The Notice shall:

A.

Describe the location and nature of the violation.

B.

Order that the violation be corrected within a specified time.

C.

State the action(s) that may be taken if the violations are not corrected, though the actions listed may not be exhaustive.

D.

State that the recipient may have the right to appeal the notice within ten (10) days of receipt for temporary or seasonal, or similar short-term, recurring violations; and within thirty (30) days for all other violations, in accordance with Code of Virginia § 15.2-2311 and § 18-820, Appeals of Zoning Administrator Decision; and that the decisions will be final and unappealable if not appealed within the time limit.

E.

State the appeal fee, if any, and include a reference to where additional information may be obtained regarding filing of an appeal.

3.

Notice Sent by Registered or Certified Mail. Such notification will be sent by registered or certified mail to the last known address of the recipient of each notice.

4.

Zoning Administrator May Post Notice. If the owner of the land or responsible party cannot be located or determined, the Zoning Administrator, or any agent, will post a notice on the building, structure, sign, or site that is the subject of the violation.

5.

Notice to Fairfax County. Where the violation of this Chapter involves the construction or alteration of structures that require a Building Permit, the Zoning Administrator may contact Fairfax County officials to make them aware of the violation.

(Ord. of 2-24-2025)

1.

Parties May be Held Jointly and Severally Liable. All persons responsible for a violation of this Chapter may be held jointly and severally liable for the violation. Any person who violates this Chapter is subject to the remedies and penalties set forth in this article.

2.

Person, Meaning. For the purposes of this article, "person" includes an individual, corporation, government agency, government official, business trust, partnership, two or more persons having a joint interest, or any other legal entity.

3.

Persons Subject to Penalties. Persons subject to the penalties established in this article include the owner, tenant, or occupant of the land or structure that is in violation of this Chapter, and a builder, contractor, agent, or any other person who knowingly causes a violation (e.g., knowingly erecting a structure that violates the plans or conditions of an approved development application).

4.

Last Known Address. There shall be a rebuttable presumption that the last known address of a responsible party is that shown on the current real estate tax assessment records, or the address of a registered agent that is shown in the records of the Clerk of the State Corporation Commission.

5.

Contact Responsible Parties. The Zoning Administrator shall try to contact any responsible party when the existence of a violation has been established to discuss the process to abate the violation. This communication may include a time limit for the receipt of an application or for the violation to cease prior to the issuance of a Notice of Violation.

1.

Any violation of the following zoning provisions of this Chapter shall be deemed a civil violation:

A.

To Act Without a Permit When One Is Required. When land is disturbed or developed without first obtaining all appropriate permits and development approvals as required by this Chapter it shall be a be deemed a violation of this Chapter subject to a Civil Penalty.

B.

Failure to Comply with the Terms or Conditions of an Approved Permit. If during the development of land or land disturbance associated with a permit, conditions or terms of that permit are not adhered to by the applicant or any contactors acting on their behalf, it shall be deemed a violation of this Chapter subject to a Civil Penalty.

C.

To Act Without a Use Permit or Certificate of Occupancy When One Is Required. If a business or owner commences the occupancy, use, change of use, or continuation of a use following the change in ownership or proprietary control of such use of any building or business, or increase the intensity or density of such use without an accurate use permit as required by this Chapter, it shall be deemed a violation of this Chapter subject to a Civil Penalty.

D.

To Occupy a Residential Structure without a Certificate of Occupancy. When one or more persons occupy a residential structure without first obtaining a Certificate of Occupancy required per this Chapter, it shall be deemed a violation of this Chapter subject to a Civil Penalty.

E.

Failure to Comply with Any Requirement or Condition of an Approved Site Plan and/or a Conditional Use Permit. Deviations from the terms and conditions of an approved site plan and/or Conditional Use Permit shall be deemed a violation of this Chapter subject to a Civil Penalty.

F.

Installation or Display of Permanent Signage Without Approval. The installation or display of permanent exterior signage without the required approvals, per this Chapter, by the Board of Architectural Review and Chapter 4 - Design Control Districts, of the Code of Vienna, shall be deemed a violation of this Chapter subject to a Civil Penalty.

G.

Improper Display of Temporary Signage. The display of other temporary signage that is in violation of the temporary sign regulations, including but not limited with respect to duration of display, size, and location.

H.

Failure to Comply with Standards of Article 3 - Uses. If a use is commenced that does not comply with Article 3 - Uses of this Chapter, by change of use, or increases in the intensity or density of such use without an approved use permit as required by this Chapter, it shall be deemed a violation of this Chapter subject to a Civil Penalty.

I.

Including a False Statement. If the Zoning Administrator determines that any permit or certificate was issued upon a false statement that was material to the issuance thereof, it shall be deemed a violation of this Chapter subject to a Civil Penalty.

J.

Overnight Parking of Commercial Vehicle in Residential Zone. The failure to comply with the standards for the parking of commercial vehicles in residential zones shall be deemed a violation of this Chapter subject to a Civil Penalty.

2.

Penalty for Any One Violation. The penalty for any one violation shall be a civil penalty of not more than $200 for the initial summons and not more than $500 for each additional summons. Each day during which the violation is found to have existed shall constitute a separate offense.

3.

Shall Not Be Charged More Frequently Than Once in Any 10-Day Period. Specified violations arising from the same operative set of facts shall not be charged more frequently than once in any ten (10) day period, and a series of specified violations arising from the same operative set of facts shall not result in civil penalties that exceed a total of $5,000.

4.

Violation Shall Be Tried in The General District Court. If a person charged with a scheduled violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided for by law. In any trial for a scheduled violation authorized by this section, it shall be the burden of the locality to show the liability of the violator by a preponderance of the evidence. If the violation remains uncorrected at the time of the admission of liability or finding of liability, the court may order the violator to abate or remedy the violation in order to comply with the zoning ordinance. Except as otherwise provided by the court for good cause shown, any such violator shall abate or remedy the violation within a period of time as determined by the court, but not later than six months of the date of admission of liability or finding of liability. Each day during which the violation continues after the court-ordered abatement period has ended shall constitute a separate offense. An admission of liability or finding of liability shall not be a criminal conviction for any purpose.

5.

In Lieu of Criminal Sanctions. Designation of a particular zoning ordinance violation for a civil penalty pursuant to this section shall be in lieu of criminal sanctions, and except for any violation resulting in injury to persons, such designation shall preclude the prosecution of a violation as a criminal misdemeanor, provided, however, that when such civil penalties total $5,000 or more, the violation may be prosecuted as a criminal misdemeanor.

6.

Penalties Cumulative. The remedies provided for in this section are cumulative and not exclusive and, except as otherwise, shall be in the addition to any other remedies provided by law.

1.

Criminal Violations and Penalties. When not specified in § 18-854, or other section of this Chapter, all other violations of this Chapter are misdemeanors, punishable by a fine of not more than $1,000. If a violation is uncorrected at time of conviction, the court shall order the violator to abate or remedy the violation within a specified time period. Failure to remove or abate a violation within the specified time period constitutes a separate misdemeanor offense punishable by a fine of not more than $1,000. Failure to correct the violation during the succeeding ten (10) days is punishable by a fine of up to $1,500, and failure to correct during the succeeding ten (10) days is punishable by a fine of not more than $2,000.

A.

Designation of Civil Penalty in Lieu of Criminal, Exceptions. Designation of a particular zoning ordinance violation for a civil penalty pursuant to this section shall be in lieu of criminal sanctions; such designation shall preclude the prosecution of a violation as a criminal misdemeanor.

B.

Violations resulting in injury. Except for any violation resulting in injury to persons, or, when such civil penalties total $5,000 or more, the violation may be prosecuted as a criminal misdemeanor.

2.

Failure to Maintain Landscaping.

A.

Owners Shall Maintain Landscaping. Owners of property within the Town shall maintain all landscaping and all planting areas installed pursuant to any provision of this Chapter and the Town Code of Vienna in compliance with regulations to be published from time to time by the Director of Planning and Zoning. Such regulations shall, among other elements, require the regular periodic mowing of grass, trimming of borders, fertilization and watering of all ground cover, shrubbery, and trees, application of insecticides to protect against infestation, removal of weeds, pruning of all plantings as necessary to maintain vigor and appearance, replacement of dead shrubs, trees, bushes and plants, and removal of trash, litter, garbage and debris.

B.

Notice of Deficient Maintenance. Where any such landscaping or planting area is not maintained in compliance with subsection A of this section, the Zoning Administrator shall immediately notify the owner of the property on which such landscaping or planting area is located of such deficient maintenance and request that the necessary maintenance work be performed. Such notice and request shall be by certified mail sent to the owner, postage prepaid. Where no address can be found, the letter herein referred to shall be posted in a conspicuous place on the property.

C.

Deficiencies Corrected by Town or Agent. If the deficiencies in landscaping or planting area maintenance referred to in subsection 2 of this section have not been corrected by the property owner within ten (10) days from the date the letter referred to in this section has been mailed, or the notice posted, the Zoning Administrator shall cause the deficiencies to be corrected by Town forces or by a contractor of the Town.

D.

Cost of Same Shall Be Billed to the Owner. Where deficiencies in the maintenance of landscaping or planting areas are corrected at Town expense by the Director of Planning and Zoning pursuant to subsection C of this section, the cost of same shall be billed to the owner of the property; and if such bill is not paid, it shall be added to the real estate bill on such property, and shall be a lien on such property to the same extent and effect as the real estate tax.

3.

Overcrowding. Any conviction resulting from a violation of provisions regulating the number of unrelated persons in single-unit residential dwellings shall be punishable by a fine of up to $2,000. Failure to abate the violation within the specified time period shall be punishable by a fine of up to $5,000, and any such failure during any succeeding ten (10) day period shall constitute a separate misdemeanor offense for each ten (10) day period punishable by a fine of up to $7,500. 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 the Virginia Residential Landlord and Tenant Act (§ 55.1-1200 et seq.). 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.

4.

Keeping of Inoperative Motor Vehicles, Etc. It shall be unlawful for any person to keep, except within a fully enclosed building or structure, on any property zoned for residential, multifamily or commercial purposes, any motor vehicle, trailer or semitrailer as such are defined in Code of Virginia, § 46.2.100, which is inoperative except that one such inoperative motor vehicle may be kept outside of a fully enclosed building or structure if shielded or screened from view by an auto cover.

A.

As used in this section, the term "inoperative motor vehicle" shall mean any motor vehicle which is not in operating condition; or which for a period of sixty (60 days or longer has been partially or totally disassembled by the removal of tires and wheels, the engine, or other essential parts required for operation of the vehicle or on which there are displayed neither valid license plates nor a valid inspection decal. However, the provisions of this section shall not apply to a licensed business which on June 26, 1970, was regularly engaged in business as an automobile dealer, salvage dealer or scrap processor.

B.

Removal of inoperative vehicles.

i.

The owner of property zoned for residential, multifamily or commercial purposes shall, at such time as the Town may prescribe, shall remove therefrom any such inoperative motor vehicles, trailers or semitrailers that are not kept within a fully enclosed building or structure.

ii.

The Town through its own agents or employees may remove any such inoperative motor vehicles, trailers or semitrailers, whenever the owner of the premises, after reasonable notice has failed to do so.

iii.

In the event the Town, through its own agents or employees, removes any such motor vehicles, trailers or semitrailers, after having given such reasonable notice, the Town may dispose of such motor vehicles, trailers or semitrailers after giving additional notice to the owner of the vehicles.

iv.

The cost of any such removal and disposal shall be chargeable to the owner of the vehicle or premises and may be collected by the Town as taxes and levies are collected.

v.

Every cost authorized by this section with which the owner of the premises has been assessed shall constitute a lien against the property from which the vehicle was removed, the lien to continue until actual payment of such costs has been made to the Town.

C.

Exception for vehicles with stored vehicle license plates.

i.

Notwithstanding any of the provisions in subsections A and B of this section, the owner or property zoned for residential, multifamily or commercial purposes may store on any one parcel of such land one inoperative motor vehicle for the purpose of restoration for a period not to exceed six months after first obtaining from the department of finance a stored vehicle license plate and payment of a fee of $50.00.

ii.

Such license plate shall at all times be displayed on the vehicle for which issued and shall be displayed in a conspicuous location which shall be visible from that public street or other public right-of-way nearest the location of the said stored vehicle unless that vehicle is not visible from said public street or other public right-of-way.

5.

Tree Canopy Coverage. Violation of Chapter 17 shall constitute a Class 3 misdemeanor punishable by fine of not more than $250.00, and each day after the first during which such violation shall continue shall constitute a separate violation.

6.

Removal of Unsafe, Unlawful, or Abandoned Signs.

A.

Within 30 days of the date of written notice by the Town, the owner, person, or firm maintaining a sign shall correct violations when a sign becomes unsafe, is in danger of falling, is determined by the Town to be a nuisance in accordance with Town of Vienna Code § 10-20 - Nuisances, is deemed unsafe by the Town, or it is unlawfully erected in violation of any of the provisions of this article. Necessary actions to correct violations may require making repairs or removing the sign. The Town may require immediate removal of a sign if its condition poses an imminent danger.

B.

If the owner of the person or firm maintaining the sign has not complied with the terms of said notice within thirty (30) days of the date of the notice, the Town may remove or cause to be removed the sign at the expense of the property owner or authorized agent. In the event of immediate danger, the Town may remove the sign immediately without advance notice.

C.

Signs must be covered or removed once a property is abandoned or once the use for which a sign has been created and installed is no longer occupying the relevant site.

7.

Blighted Property a Nuisance.

A.

The Town Council may, by ordinance, declare any blighted property as defined in this Chapter, to constitute a nuisance, and thereupon abate the nuisance pursuant to authority of municipal corporations to so act.

B.

Such ordinance shall be adopted only after written notice by certified mail to the owner or owners at the last known address of such owner as shown on the current real estate tax assessment books or current real estate tax assessment records.

(Ord. of 4-29-2024(1), § 1; Ord. 2-24-2025)