The provisions of this appendix shall be administered and enforced by the zoning administrator, who shall be designated by the town council, and who may hold other appointed office in the town. It shall be the responsibility of all other appointed officers and employees of the town to cooperate with the zoning administrator in the administration and enforcement of this appendix.

The zoning administrator and his authorized agent (both of whom hereafter in this section will be referred to as zoning administrator) shall have all necessary authority on behalf of the town council to administer and enforce this appendix and carry out the duties prescribed in this article and elsewhere in this appendix, including the authority to make findings of fact in connection with the administration, application and enforcement of this appendix in specific cases. Duties of the zoning administrator shall include the following:

(a)

Interpretation of ordinance. Subject to appeal to the board of zoning appeals as provided in article IX of this appendix, the zoning administrator shall be the final authority in the interpretation of the provisions of this appendix.

(b)

Review and approval of zoning permits. The zoning administrator shall review all applications for zoning permits required by this article and shall approve or disapprove each zoning permit based on compliance or noncompliance with the provisions of this appendix.

(c)

Issuance of certificates of zoning compliance. The zoning administrator shall review all requests for certificates of zoning compliance required by this article and shall issue such certificates when the provisions of this appendix are met.

(d)

Review and approval of site plans. The zoning administrator shall review all site plans submitted under the provisions of this appendix and shall approve or disapprove each site plan based on compliance or noncompliance with the provisions of this appendix.

(e)

Enforcement and correction of violations. The zoning administrator shall use his or her best efforts to prevent violations of this appendix and to detect and secure the correction of violations in accordance with the provisions of this article.

(f)

Maintenance of records and map. The zoning administrator shall maintain records of all official actions taken with respect to administration and enforcement of this appendix and shall retain copies of all zoning permit applications, certificates of zoning compliance, site plans and related information as a permanent record. The zoning administrator shall also maintain the official zoning map.

(g)

Other duties. The zoning administrator shall have such additional duties as specifically described elsewhere in this appendix.

No building or other structure shall be constructed, reconstructed, erected, enlarged, structurally altered, moved, or converted to accommodate a different use until the zoning administrator has issued a zoning permit for such building or structure. A zoning permit shall not be required for any fence, wall, deck or patio for which a building permit is not required under the provisions of the uniform statewide building code.

(a)

Every application for a zoning permit shall be submitted to the zoning administrator by the owner of the property involved or by an agent of the owner or tenant of the property, with the written consent of the owner.

(b)

Applications shall be submitted on forms provided by the zoning administrator for such purpose and shall include all plans, documents and information necessary to determine compliance or noncompliance with this appendix.

(c)

Every application for a zoning permit shall include the following, together with any additional information required by the zoning administrator:

(1)

Statement by the public works director that necessary sewer and water facilities are or will be available to serve the site in accordance with town policies and regulations.

(2)

Statement of the intended use of buildings and structures, and the number of dwelling units, if applicable.

(a)

Every application for a zoning permit which does not require site plan review as specified in division 3 of this article shall be accompanied by three copies of a plot plan legibly drawn and showing the following:

(1)

Area, shape and dimensions of the property involved and existing and proposed easements, watercourses, drainage ways and floodplains.

(2)

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

(3)

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

(4)

Any additional information deemed necessary by the zoning administrator to determine compliance with specific requirements of this appendix or other applicable provision of the town Code.

(b)

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

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

(a)

Every application for a sign permit permitted by this appendix shall be accompanied by a plot plan legibly drawn and showing existing permanent signs to remain and proposed permanent signs, including location, sign height, building elevation drawings, lettering, dimensions, lighting, and means of attachment or support.

(b)

In any case, where a sign is approved in conjunction with a site plan review process for construction, alteration or conversion of a building or structure, a separate sign permit for such sign shall not be required.

The zoning administrator shall issue a zoning permit only if he or she is satisfied that the proposed construction and use are in conformity with applicable provisions of this appendix.

A zoning permit shall be valid for a period of one year from the date of issuance by the zoning administrator and shall become null and void if, within such period, no building permit pursuant thereto has been issued. In a case where no building permit is required, a zoning permit shall become null and void if, within one year from the date of its issuance, the feature authorized by the zoning permit has not been established. In any case, where a zoning permit has expired, application may be made for a new zoning permit in accordance with the provisions of this article.

(a)

A certificate of zoning compliance issued by the zoning administrator shall be required prior to any of the following:

(1)

Use or occupancy of a building after completion of any construction, reconstruction, erection, enlargement, structural alteration, moving, or conversion for which a zoning permit is required by this article;

(2)

Change in use or occupancy of an existing building, including a change in tenant of a building or premises, provided that change in occupancy or tenant of an existing dwelling use shall not be subject to this requirement; and

(3)

Use of land or any change in use or occupancy of land, except for agricultural or forestry uses permitted by this appendix.

(b)

The certificate of zoning compliance shall certify that the building or premises and the proposed use and occupancy thereof comply with the applicable provisions of this appendix. Where a certificate of zoning compliance required by this section involves a nonconforming use or the use or occupancy of a nonconforming building, such certificate shall state the nature and extent of the nonconformity.

(a)

Application for a certificate of zoning compliance shall be made by the owner of the property involved or by an agent of the owner or tenant of the property, with the written consent of the owner.

(b)

The zoning administrator shall issue the certificate of zoning compliance if the zoning administrator is satisfied that the building or premises and the proposed use and occupancy thereof comply with the applicable provisions of this appendix. Otherwise, the certificate of zoning compliance shall not be issued, and the building, premises or use shall be deemed to be in violation of this appendix.

(a)

To the extent that such action does not conflict with any provisions of the uniform statewide building code, the zoning administrator may issue a temporary certificate of zoning compliance for a specified period not to exceed six months and under such conditions and safeguards as deemed necessary by the zoning administrator to protect the health, safety and welfare of occupants of the building or premises and the general public. Such temporary certificate shall be issued only for purposes of enabling limited or partial use or occupancy of a building or premises pending completion of construction or site improvements.

(b)

The zoning administrator may require a bond with surety or other performance guarantee approved by the town attorney, payable to the town and in an amount adequate to ensure satisfactory completion of required improvements.

(c)

The zoning administrator may grant one extension of a temporary certificate of zoning compliance for a period not to exceed six months.

No building permit or permit to erect a sign, when applicable, shall be issued by the building official until a zoning and/or sign permit, as required by this article, has been issued by the zoning administrator and the building official has been provided with a copy thereof.

No certificate of use and occupancy shall be issued by the building official until a certificate of zoning compliance, as required by this article, has been issued by the zoning administrator and the building official has been provided with a copy thereof.

No land disturbing permit required by the provisions of the erosion and sediment control ordinance applicable within the town shall be issued until the zoning administrator has reviewed the application for such permit and certified that the proposed land disturbing activity and the intended use of the property will not result in any violation of the provisions of this appendix.

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

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

(a)

Construction of a new building, other than a single-family dwelling or building accessory thereto.

(b)

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

(c)

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

(d)

Small wireless facilities applications shall require a plot plan and a scaled elevation.

(e)

Wireless facilities applications other than small wireless facilities shall require a site plan and a scaled elevation.

State Law reference— Code of Virginia, §§ 15.2-2286(A)(8), 15.2-2246.

Site plans shall be prepared by a professional engineer, certified land surveyor, licensed architect or certified landscape architect in accordance with criteria established by the zoning administrator regarding scale and format. Plot plans and scaled elevations need not be prepared by a licensed design professional, but must be clear, neat, and to scale in accordance with criteria established by the zoning administrator.

State Law reference— Code of Virginia, § 15.2-2241(A)(1).

Six copies of site plans drawn to scale and containing the following information shall be submitted:

(a)

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

(b)

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

(c)

North arrow, scale of plans, preparation date, revision date(s) and names, addresses and telephone numbers of preparer, owner and developer.

(d)

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

(e)

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

(f)

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

(g)

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

(h)

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

(i)

Existing topography of the property prior to grading and proposed finished grades with contour intervals of not greater than two feet and spot elevations where needed.

(j)

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

(k)

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

(l)

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

(m)

Utilities plans, including proposed water and sanitary sewer pipe locations, sizes, types, grades, related capacity and strength calculations and connections to town or other systems, and proposed gas lines, other utility lines and all utility easements.

(n)

Stormwater management plan and related calculations, and detailed plans showing locations, sizes, types and grades of ditches, catch basins, pipes and other drainage structures, including connections to existing drainage systems or suitable outlets.

(o)

Provisions for the adequate control of erosion and sedimentation in accordance with applicable erosion and sedimentation control standards and practices, indicating the proposed temporary and permanent control practices and measures that will be implemented during all phases of clearing, grading and construction.

(p)

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

(q)

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

(r)

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

(s)

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

(t)

Any additional information deemed necessary by the zoning administrator to determine compliance with specific requirements of this appendix, other town ordinances, requirements of the Virginia Department of Transportation or other applicable requirements.

Plot plans must be neat, clear, drawn to scale, and otherwise meet the standards set by the zoning administrator, but do not need to be stamped by a design professional. A plot plan must include:

(1)

Location, by a vicinity map at appropriate scale.

(2)

Identification of the property by street address, tax parcel number, and owner name, if a parcel; or by reference to number of feet to the nearest intersection if in the public right-of-way.

(3)

A north arrow and scale.

(4)

Existing zoning classification, or zoning classification of nearest parcel, if in the public right-of-way.

(5)

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

(6)

Location and extent of existing buildings or structures and buildings or structures proposed to be constructed.

(7)

Screening methods.

(8)

Such other and further materials as the zoning administrator may determine necessary to confirm compliance with applicable laws.

Scaled elevations must be neat, clear, drawn to scale, and otherwise meet the standards set by the zoning administrator, but do not need to be stamped by a design professional. A scaled elevation must include:

(1)

Location, by a vicinity map at appropriate scale.

(2)

Identification of the property by street address, tax parcel number, and owner name, if a parcel; or by reference to number of feet to the nearest intersection if in the public right-of-way.

(3)

Existing zoning classification, or zoning classification of nearest parcel, if in the public right-of-way.

(4)

Existing grades for the area of the proposed or existing structure.

(5)

The height and extent of existing buildings or structures and buildings or structures proposed to be construed.

(6)

If the existing or proposed structure is a small wireless facility or support structure that proposes to qualify as a small wireless facility by comparison to other existing structures, a table of the heights and locations of the existing structures.

(7)

Screening or camouflage methods proposed for the wireless facility.

(8)

A sketch of the appearance of the proposed wireless facility, or a photograph or photographs of a substantially identical facility in a similar installation.

(9)

Such other and further materials as the zoning administrator may determine necessary to confirm compliance with applicable laws.

Required plans described in sections 8-19, 8-19.1, and 8-19.2 are intended in cases where extensive plans and information are necessary to determine compliance with the provisions of this appendix. With prior approval by the zoning administrator, particular information may be omitted from required plans when, due to the nature or limited scope of a project, the zoning administrator determines such information is not necessary for evaluation of the plan or for maintaining a record of plan review.

State Law reference— Code of Virginia, § 15.2-2242(1).

(a)

Every site plan shall be submitted to the zoning administrator, who shall review such plan for compliance with the applicable provisions of this appendix and other applicable requirements. Within ten days after submission of a site plan application, with the required fee, the zoning administrator shall make a preliminary determination of completeness. If the site plan application is complete, the zoning administrator shall circulate the site plan to the town engineer and other relevant town and state agencies and officials for review and comment prior to taking action. If the application is incomplete, the zoning administrator shall return the plan to the applicant, together with the application fee and a cover letter setting forth the reasons why the application is incomplete. A determination of completeness shall in no manner be construed to be an approval of a site plan, in whole or in part.

(b)

The zoning administrator shall approve, approve with modifications or conditions, or disapprove the site plan within 60 days from receipt of a complete application if no outside agency review is required, or within 35 days after receiving all outside review comments if such comments are necessary, whichever is later. The zoning administrator shall notify the applicant in writing of the action taken. In the case of approval with modifications or conditions or disapproval of the site plan, such notification shall describe the modifications or conditions of approval or reasons for disapproval, including changes which would make the site plan acceptable.

(c)

The zoning administrator shall act upon site plans previously deemed complete but disapproved and resubmitted within 45 days of submission or within 35 days following receipt of all state agency approvals, whichever is later.

(d)

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

State Law reference— Code of Virginia, §§ 15.2-2258, 15.2-2259.

The timelines in this section govern processing of plot plans and scaled elevations for small wireless facilities.

(a)

Base calculation. The period to act for an application for a plot plan or scaled elevation for a small wireless facility is the sum of:

(1)

The number of days of the presumptively reasonable time period for the pertinent type of application, pursuant to subsection (b); and

(2)

The number of days of tolling period, if any, under subsection (c).

All dates are calculated in calendar days, not business days. If the last day to complete an approval falls on a weekend or holiday, the last day shall be construed to be the next following business day.

(b)

Review periods for specific applications. The following are the presumptively reasonable periods of time to act on site plans, plot plans, and scaled elevations for wireless facilities:

(1)

Application to collocate a small wireless facility on an existing structure: 60 days.

(2)

Application to deploy a small wireless facility using a new structure: 90 days.

If a single application plot plans or scaled elevations multiple sites, all of which fall within the same category, then the presumptively reasonable time is equal to that for a single deployment within that category. If a single application seeks authorization of deployments to multiple sites that fall within subsections (b)(1) and (b)(2), then the presumptively reasonable period of time is 90 days.

(c)

Tolling. The following rules govern tolling of the review periods for specific applications:

(1)

For an initial application for a plot plan or scaled elevation for a small wireless facility, if the town notifies an applicant on or before the tenth day after submission that the application is materially incomplete, and specifically identifies the missing documents or information and the specific rule or regulation creating the obligation to submit such documents or information, the period to act shall reset to zero on the date on which the applicant submits all documents and information identified by the town to render the application complete.

(2)

For all other initial applications, the tolling period shall be the number of days from:

a.

The day after the date when the town notifies the applicant, in writing, that the application is materially incomplete and clearly and specifically identifies the missing documents or information that the applicant must submit to render the application complete and the specific rule or regulation creating this obligation; until

b.

The date when the applicant submits all the documents and information identified by the siting authority to render the application complete;

c.

But only if the notice in subsection a. is made on or before the thirtieth day after the date when the application was submitted; or

(3)

For resubmitted applications following a notice of deficiency, the tolling period shall be the number of days from:

a.

The day after the date on which the town notifies the applicant in writing that the applicant's supplemental submission was not sufficient to render the application complete and clearly and specifically identifies the missing documents or information need to be submitted based on the town's original request for supplementation; until

b.

The date when the applicant submits all the documents and information identified by the town to render the application complete; but

c.

Only if the notice under subsection a. is made on or before the tenth day after the date on which the applicant made its supplemental submission.

State Law reference— 47 C.F.R. § 1.6003.

(a)

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

(b)

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

State Law reference— Code of Virginia, § 15.2-2242(1).

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

(a)

Periodic inspections shall be made during the installation of required on-site and off-site improvements by the zoning administrator and public works director or their designated representatives in order to determine compliance with approved site plans.

(b)

The owner or developer shall be responsible for providing adequate supervision at the site during installation of required improvements. A copy of the approved site plan and construction plans shall be maintained at the site at all times work is being performed.

(a)

An approved final site plan shall be valid for a period of one not less than five years from the date of approval by the zoning administrator and shall become null and void if, within such period, work has not proceeded and no building permit pursuant thereto has been issued. In any case, where an approved site plan has expired, the site plan may be resubmitted for review and approval in accordance with the provisions of this article. A site plan shall be deemed final once it has been reviewed and approved by the zoning administrator if the only requirement remaining to be satisfied in order to obtain a building permit is the posting of any bonds and escrows.

(b)

Application for minor modifications to final site plans made during the periods of validity of such plans established in accordance with this section shall not constitute a waiver of the provisions hereof nor shall the approval of minor modifications extend the period of validity of such plans.

(c)

If construction of any wireless facility does not commence within 24 months after approval, or, if commenced, is not diligently pursued to completion, the zoning administrator may revoke the approval by sending notice of such revocation to the last known address of the owner and marking the plot plan and/or scaled elevation "VOID" in his or her files.

State Law reference— Code of Virginia, §§ 15.2-2261, 15.2-2316.4:2(A)(10).

(a)

Failure to act on any site plan within the time periods set forth in section 8-21, upon an initial submission, shall be appealable to circuit court in the manner provided by law following ten days' notice to the zoning administrator. Failure to act upon a site plan resubmitted following being deemed complete and disapproved within the time periods set forth in this division is deemed approval.

(b)

Failure to act on any plot plan or scaled elevation for a small wireless facility within the time periods set forth in section 8-21.1 shall be deemed approval.

(c)

Notwithstanding the approval or deemed approval of any site plan, plot plan, or scaled elevation, any deficiency in any proposed plat or plan, that if left uncorrected, would violate local, state or federal law, regulations, mandatory department of transportation engineering and safety requirements, and other mandatory engineering and safety requirements, shall not be considered, treated or deemed as having been approved by the zoning administrator.

(d)

If the zoning administrator disapproves a site plan, plot plan, or scaled elevation and the applicant contends that the disapproval was not properly based on the ordinance applicable thereto, or was arbitrary or capricious, he or she may appeal to the circuit court having jurisdiction of such land and the court shall hear and determine the case as soon as may be, provided that his appeal is filed with the circuit court within 60 days of the written disapproval by the zoning administrator.

State Law reference— Code of Virginia, §§ 15.2-2258, 15.2-2259; 47 C.F.R. § 1.6003.

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

(a)

When required. A use indicated as permitted as a special use in article IV of this appendix shall be authorized only upon approval of a special use permit by the town council in accordance with the provisions of this article.

(b)

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

(c)

Existing uses. A use lawfully existing at the effective date of this division which is specified as a special use in the district in which it is located and for which no special use permit has been approved shall not be considered a nonconforming use because of its classification as a special use. No zoning permit or certificate of zoning compliance involving expansion of such use or reconstruction, enlargement or moving a building devoted to such use shall be issued unless a special use permit is approved in accordance with this article.

(a)

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

(b)

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

(c)

Content of plans. Every application for a special use permit shall be accompanied by three copies of plans drawn to scale and showing the following:

(1)

Area, shape and dimensions of the property involved and existing and proposed street lines, easements, watercourses, drainage ways and floodplains.

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(d)

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

(a)

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

(b)

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

(1)

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

(2)

After holding a public hearing, the commission may recommend approval or disapproval of the special use permit or that conditions be imposed to ensure compliance with requirements of this appendix. In making its recommendation, the commission shall consider at least the factors indicated in section 8-31 of this article.

(3)

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

(4)

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

(5)

Failure of the commission to provide a recommendation or report to council within 90 days of receiving the special use permit application shall be considered a recommendation of approval.

(c)

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

(1)

After receiving the recommendation of the planning commission, the town council shall give public notice as required by Code of Virginia, § 15.2-2204, and shall hold a public hearing. A joint public hearing may be held with the planning commission.

(2)

The town council may approve or disapprove the special use permit application and may impose conditions that it deems reasonable and necessary to ensure the special use will comply with the requirements of this appendix. Action of the town council shall be by ordinance. Conditions imposed in connection with residential special use permits where affordable housing, as defined in Code of Virginia, § 15.2-2201, is proposed by the applicant shall be consistent with the objective of providing affordable housing. When imposing conditions on residential projects specifying materials and methods of construction or specific design features, the town council shall consider the impact of the conditions upon the affordability of housing.

(3)

The town council shall take action on the special use permit application within one year of the date of submission of the application. Failure of the council to act within such time shall be considered denial of the application.

(4)

The town council may require a guarantee or bond to ensure that conditions imposed will be satisfied, and may specify a date for expiration of a special use permit as a condition of approval.

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

(a)

Will not be contrary to the purposes of this appendix as stated in section 1-3;

(b)

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

(c)

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

(d)

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

(1)

Sewer, water and other public utilities;

(2)

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

(3)

Off-street parking and vehicular circulation, including safety of motorists and pedestrians;

(4)

Yards, open spaces and other elements of the site plan;

(5)

Retention of natural vegetation and topographic features; and

(6)

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

(a)

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

(b)

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

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

A special use permit shall run with the land, provided that any use established pursuant to an approved special use permit shall not be reestablished if replaced by a different use or if discontinued for a period of two years or longer.

(a)

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

(b)

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

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

Appeals from any decision of the town council regarding a special use permit may be taken to the circuit court by any aggrieved party in accordance with the provisions of Code of Virginia, § 15.2-2286.

(a)

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

(b)

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

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

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

Any violation of the provisions of this appendix shall be a misdemeanor punishable upon conviction by a fine pursuant to the applicable provisions of Code of Virginia, § 15.2-2286. Each day a violation exists shall constitute a separate offense.