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

(Code 1997, § 66-111)

(a)

Buildings or structures shall be started, reconstructed, enlarged or altered only after a zoning permit has been obtained from the administrator. Except as provided for in sections 66-921 and 66-922, no manufactured home shall be moved on to property in the county until a zoning permit has been issued by the administrator; however, a manufactured home may be placed in an existing permanent manufactured home park which has been approved and recognized in accordance with the provisions of this chapter.

(b)

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

(c)

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

(d)

It is the intent of this chapter that the planning commission and board of supervisors will give all due consideration for rezoning to all planned unit developments which meet subdivision, soil or topographically dictated limitations with each development considered on its own merits.

(e)

For informational purposes a sign giving notice of a proposed rezoning may be posted on the property of any owner who has filed an application for rezoning such property, which sign is to be posted in clear view as determined by the zoning administrator or his designee. Such sign shall be made available by the planning and zoning office and is to be posted at least five days prior to the meeting of the planning commission to hear the rezoning application, and shall remain posted until after action is taken by the board of supervisors on the rezoning application. This provision shall not be applicable to rezonings initiated by the board of supervisors or planning commission. The removal of a posted sign or failure to post a sign shall not invalidate any rezoning which has been properly advertised in accordance with state law.

(Code 1997, § 66-112; Ord. No. 98-7, § 1(66-112), 7-27-1998; Ord. No. 2002-04, § 66-112(f), 2-12-2002)

(a)

A zoning permit fee as provided in the fee schedule in Appendix A to this Code shall be charged and collected together with the building permit fee and shall be used to offset cost of maintenance of zoning maps and files.

(b)

A zoning permit fee as provided in the fee schedule in Appendix A to this Code shall be charged for each application for rezoning and for issuance of a special use permit to defray the cost of registered mail and advertising required by the Code of Virginia and other costs associated with processing the application. However, rezoning and special use permit application fees shall be waived for construction and/or renovation of commercial and industrial structures located within the Washington County Enterprise Zone, as defined in this subsection. The Washington County Enterprise Zone shall mean the geographic area as defined by maps included as part of the enterprise zone designation application, which was approved by the Commonwealth, and as are maintained in the office of the county administrator. This exemption from rezoning and special use permit application fees shall be available for the life of the Washington County Enterprise Zone. A business shall be entitled to apply for reimbursement of any rezoning and special use permit application fees exempted under this subsection paid to the county after January 11, 2000.

(c)

In the event of declaration of a local or state emergency, the county administrator shall have authority to waive fees that are ordinarily applied pursuant to this chapter related to repair, removal, demolition, or replacement of structures, that were damaged or destroyed by the event that gave rise to the declaration of emergency. At the discretion of the county administrator, fees applicable to applications for rezoning of property or for special exception permit may not be waived where such applications are not legally necessary to effect restoration of structures or use of property to their original state or condition prior to the event that gave rise to the declaration of emergency. Eligibility for fee waiver pursuant to this section shall expire no later than 24 months after the date of the event, or such earlier time as may be established by the county administrator and ratified by action of the board of supervisors.

(Code 1997, § 66-113; Ord. No. 2002-04, § 66-113, 2-12-2002; Ord. No. 2011-008, § 3, 6-14-2011)

Where permitted by this chapter, the location of hotels, motels, manufactured home parks, commercial amusement parks, hospitals, airports, borrow pits, sanitary fill method garbage and refuse sites, and other permitted uses shall require, in addition to the certificate of occupancy, a special exception. These special exceptions shall be subject to such conditions as the board of supervisors deems necessary to carry out the intent of this chapter.

(Code 1997, § 66-136)

State Law reference— Special exceptions, Code of Virginia, §§ 15.2-2309—15.2-2311; conditional zoning, Code of Virginia, §§ 15.2-2296—15.2-2303.

(a)

A special exception is required where the proposed use is not a specifically permitted use in a particular zone, but is a use which may be authorized with a special exception after a public hearing before the planning commission and board of supervisors. The board of supervisors may approve or deny the special exception regardless of the recommendation of the planning commission.

(b)

A fee as provided in the fee schedule in Appendix A to this Code will be charged for each special exception requested by the applicant.

(c)

Effective April 11, 2001, unless conditions attached to the special exception specify otherwise, a special exception shall be valid for a period of 24 months after the date of its issuance, after which it shall be deemed terminated unless the use allowed by the special exception has been established. For example, but without limitation, a use shall be deemed established: (i) upon issuance of a certificate of occupancy when a building permit is required for the use; (ii) upon completion of site grading when a site grading permit is required and a building permit is not required; or (iii) upon initiation and continuation of the use or activity when no permits other than the special exception are required. When no permits other than the special exception are required, abandonment of the use for a period of 12 contiguous months shall be deemed cessation of the use and shall result in termination of the special exception, unless otherwise specially allowed by condition attached to the special exception.

(d)

The date of approval by the board of supervisors shall be the date of issuance of the special exception. The tolling of the 24-month implementation period shall be suspended pending litigation that may affect the permittee's ability to establish the use allowed by such special exception.

(e)

Any special exception that has expired may be reapplied for in the same manner as the original special exception. Permittees who anticipate termination of the special exception prior to establishment of the use permitted by such special exception are encouraged to reapply for a new special exception at least 60 days prior to the date of special exception expiration if they wish to continue activities initiated on the subject property. If a new special exception is not approved prior to the expiration date, all activity related to establishment of the use permitted by such special exception shall cease immediately upon termination of the special exception.

(f)

Unless otherwise specified as a condition attached to the special exception or unless construction has been established to implement the use, special exceptions are not transferrable. If such construction is established, then the special exception shall apply to the property and may be conveyed along with the property until such construction has been removed.

(g)

The board of supervisors may attach such conditions to its approval of a special exception as it deems necessary to enable the proposed use to be consistent with the general goals and specific policies of the comprehensive plan, and the public health, safety and welfare.

(h)

After issuance of a special exception, the board of supervisors may revoke the special exception after a hearing with notice to the permittee where there is a violation of the conditions of the special exception, a significant change of conditions, or where the use is being conducted in a manner which adversely affects the public health, safety and welfare.

(i)

At the discretion of the zoning administrator or his designee, a site plan shall be submitted by the applicant for any use subject to special exception pursuant to the provisions of this chapter. The site plan shall depict the existing and planned physical improvements to the site; location, size and features of any buildings or structures to be located thereon, including existing and planned public and private streets, roads, driveways, parking lots and spaces, projected traffic flows and patterns and any other reasonable information necessary and appropriate to evaluate the anticipated impact of the use on adjoining and surrounding properties and public facilities. Information on the site plan shall be rendered graphically and to-scale as well as in writing at the applicant's expense, with sufficient copies of such information provided to facilitate review by the planning commission, board of supervisors and such other parties as the administrator or his designee shall determine. Where a site plan is requested at the time of or after receipt of a petition for special exception, the petition shall not be scheduled and advertised for public hearing until a site plan is submitted, reviewed and determined adequate by the administrator or his designee. The planning commission and board of supervisors may incorporate any site plan submitted into the special exception or may require the applicant to revise the site plan prior to or as a condition of acting upon the petition for the special exception.

(Code 1997, § 66-137; Ord. No. 98-8, § 1(66-137), 7-27-1998; Ord. No. 2001-01, § 1(66-137), 4-10-2001)

State Law reference— Special exceptions, Code of Virginia, §§ 15.2-2286, 15.2-2288, 15.2-2288.1.

(a)

A variance is a relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship.

(b)

A variance is authorized only for height, area, and size of structure or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning division or district or adjoining zoning divisions or districts.

(Code 1997, § 66-161)

Cross reference— Definitions generally, § 1-2.