(a)

This chapter shall be administered and enforced by an officer to be known as the zoning administrator, who shall be appointed by and shall serve at the pleasure of the town council, and who may hold other appointed office in the town. The zoning administrator shall have all necessary authority on behalf of the town council and shall receive the necessary assistance and cooperation of other officials to carry out the duties prescribed in this chapter.

(b)

The zoning administrator shall review all applications for zoning permits and plans of development as required by this chapter, and shall approve or disapprove same based on compliance or noncompliance, as the case may be, with the provisions of this chapter.

(c)

The zoning administrator shall use his or her best endeavors to prevent violations of the provisions of this chapter and to detect and secure the correction of same. The zoning administrator shall order in writing remedy of conditions found to be in violation, including the discontinuance of illegal uses of land and buildings, the removal of illegal buildings, structures, additions, alterations and structural changes, and the discontinuance of illegal work being done. The zoning administrator shall have the authority to bring such legal action to ensure compliance and prevent violations as may be authorized by the laws of the commonwealth.

(d)

The zoning administrator shall maintain records of all official actions taken with respect to the administration and enforcement of this chapter.

(Ord. of 3-27-89, § 15-17)

(a)

No building or structure shall be constructed, erected, enlarged, structurally altered, moved or converted to accommodate a different use, nor shall any permanent sign be erected or installed, nor shall any use of land, buildings or structures be established or changed to a different use, until a zoning permit for such building, structure, sign or use shall have been approved by the zoning administrator.

(b)

No building permit or certificate of occupancy shall be issued by the building official until a zoning permit as required by the provisions of subsection (a) of this section has been approved by the zoning administrator and evidence of such approval has been provided to the building official by the zoning administrator.

(c)

Applications for zoning permits shall be made on forms provided for such by the zoning administrator and shall be accompanied by plans drawn to scale and in such number as required by the zoning administrator showing, with dimensions, lot lines, yards, buildings, the location of buildings on the lot, and such other information as may be necessary to provide for the enforcement of the provisions of this chapter, including, if deemed necessary by the zoning administrator, a boundary survey and staking of the lot by a competent surveyor. Plans shall contain suitable notations indicating the proposed use of all buildings and land. A copy of the application and all accompanying plans and information shall be kept by the zoning administrator as a permanent record. The zoning administrator may waive any of the plan requirements set forth herein when the particular information is clearly unnecessary to determine compliance with the provisions of this chapter and to establish sufficient record of the application.

(d)

No zoning permit shall be approved by the zoning administrator until the administrator is satisfied that all applicable requirements of chapter 26 of this Code pertaining to erosion and sediment control have been met and necessary measures have been taken to ensure compliance with the applicable provisions of that chapter, the Virginia Erosion and Sediment Control Law and the standards and specifications of the Virginia Erosion and Sediment Control Handbook.

(e)

A zoning permit shall be valid for a period of 12 months from the date of approval by the zoning administrator and shall become null and void if, within such 12-month period, no building permit or certificate of occupancy pursuant thereto has been issued by the building official. In a case where no building permit or certificate of occupancy is required by applicable law, a zoning permit shall become null and void if, within 12 months from the date of its approval, the use, activity or feature authorized by such zoning permit has not been established.

(Ord. of 3-27-89, § 15-18)

No land, building or structure shall be used or occupied, nor shall the use of any land, building or structure be changed to a different use, unless a certificate of occupancy for such newly established use has been issued by the building official after verification by the building official that all applicable provisions of this chapter are met.

(Ord. of 3-27-89, § 15-19)

(a)

When required. A plan of development shall be required for such uses in such districts as specified in articles VII through XVIII of this chapter pertaining to district regulations. A plan of development shall be required to construct, erect, enlarge, structurally alter, move or convert any building or structure to be occupied by or devoted to any such use or to construct or modify the parking area or vehicular circulation system on any site devoted to such use. No zoning permit, building permit or authorization to improve or develop land shall be approved or issued in any instance where a plan of development is required by the provisions of this section until such plan of development has been approved in accordance with the applicable provisions of this section.

(b)

Plan submission. Plans of development shall be submitted to the zoning administrator and shall be in such form and format, shall include such information, and shall include plans and drawings in such numbers as follows:

(1)

Zoning administrator review: Five and one digital copy;

(2)

Planning commission review: Twelve and one digital copy;

(3)

Planning commission and town council review: Twenty and one digital copy.

A plan of development shall be prepared, and properly certified by a person who is registered and properly authorized by the Commonwealth of Virginia to prepare and certify a plan of development such as a professional engineer, architect, landscape architect and land surveyor. Such information shall be included on a plan of development as is necessary to enable a complete review and evaluation and to determine compliance or noncompliance with applicable development standards and requirements.

A plan of development shall be executed for review and comment to the Virginia Department of Transportation, the Town of West Point Public Works, the Hampton Roads Sanitation District, and any other agency as deemed necessary by the zoning administrator to enable complete review and evaluation and to determine compliance or noncompliance with applicable development standards and requirements. A plan of development that has been modified by a person who does not possess the proper certification and licensure under state law shall not be accepted.

(c)

Development standards. The following development standards and improvement requirements shall apply and shall be specified, where applicable, on all plans of development:

(1)

All street and highway construction standards and geometric design standards shall be in accord with those specified in chapter 54 of this Code, provided that the zoning administrator may recommend modification of design standards for local, collector and minor loop streets with concurrence of the Virginia Department of Transportation and when off-street parking areas sufficient to accommodate the needs of the development are provided.

(2)

On-site vehicular travel lanes and driveways shall have pavement widths of not less than 20 feet for two-way traffic and 16 feet for one-way traffic, provided that travel lanes and driveways which provide direct access to parking spaces shall conform with the requirements set forth in article XX of this chapter pertaining to off-street parking.

(3)

Utility easements shall be not less than 20 feet in width, unless a lesser width is specifically approved by the zoning administrator. No easement line shall be located less than five feet from the outside diameter of any pipe, conduit or duct bank.

(4)

Sidewalks or pedestrian walkways shall be provided so as to enable safe and convenient pedestrian access between buildings located on the site, between buildings and their parking areas, and between buildings and public sidewalks.

(d)

Review and approval processes. The applicant shall schedule a pre-application conference with the zoning administrator for all plans of developments. The applicant shall include all information on a plan of development as stated in the plan of development and erosion and sediment control plan checklist. The following processes for review and approval of plans of development shall apply:

(1)

The zoning administrator shall review every plan of development for compliance with applicable provisions of this chapter, the provisions of chapter 26 of this Code pertaining to erosion and sediment control requirements and other applicable requirements and shall approve, approve with modifications or conditions, or disapprove the plan of development within 60 days of receipt of all required documents. Plan of developments submitted for the following uses are approved, approved with modifications or conditions, or disapproved by the zoning administrator and shall be prepared by a licensed engineer, land surveyor, or an architect licensed in the Commonwealth of Virginia:

a.

Single-family dwellings located in the Chesapeake Bay Preservation Area RPA or RMA;

b.

Single-family dwellings located in the floodplain;

c.

Any use within a Chesapeake Bay Preservation Area Overlay District, which involves more than 2,500 square feet of land disturbance;

d.

Any existing use that does not change, expand, enlarge, or structurally alter, a building or use that requires changes or modifications to the parking or vehicular circulation system, stormwater management, and or utilities on site in any zoning district;

e.

Any existing use and or building that increases floor area by 2,500 square feet that that does not impact changes or modifications to the parking or vehicular circulation system, stormwater management, and or utilities on site in any zoning district. These types of plan of developments are not required to be prepared by a licensed engineer, land surveyor or an architect licensed in the Commonwealth of Virginia;

f.

Any accessory use to an existing primary use that does not exceed 2,500 square feet in floor area and that does not impact changes or modifications to the parking or vehicular circulation system, stormwater management, and or utilities on site in any zoning district. These types of plan of developments are not required to be prepared by a licensed engineer, land surveyor or an architect licensed in the Commonwealth of Virginia.

(2)

In the case of a plan of development for construction of a main building or for development of a vacant site, that shall be prepared by a licensed engineer, land surveyor, or an architect licensed in the Commonwealth of Virginia, the action taken by the zoning administrator set forth in subsection (d)(1) of this section shall be construed to be a recommendation to the planning commission, and final approval by the planning commission shall be required. The zoning administrator shall submit the plan of development to the planning commission at its first regular meeting following action by the zoning administrator. In its review of the plan of development, the planning commission shall have the authority to approve, modify, or reverse the recommendation of the zoning administrator; provided that all decisions of the planning commission shall be consistent with and pursuant to the applicable provisions of this chapter and other applicable requirements. Waivers requested shall not be approved by the zoning administrator and therefore shall be submitted to the planning commission for review, approval, or disapproval. An appeal from a decision of the planning commission may be submitted to the town council for its action by filing a request in writing with the town council within ten days of the date of the decision of the planning commission.

(3)

In the case of a plan of development which includes the dedication, installation, extension or substantial modification of a public street, alley, sewer or other public facility, that shall be prepared by a licensed engineer, land surveyor, or an architect licensed in the Commonwealth of Virginia, final approval of the plan of development by the town council shall be required. Such approval by the town council shall not be required for the installation of curb cuts, driveways, curbs and gutters, pavement or minor improvement of existing streets or alleys, or connections to existing utilities having adequate capacities to accommodate the development, when such improvements are to be installed in accordance with applicable town construction standards and at the expense of the owner or developer. A plan of development required to be approved by the town council shall be considered by the planning commission as set forth in subsection (d)(2) of this section, provided that the action of the planning commission shall not be final and shall be construed to be a recommendation to the town council. The zoning administrator, on behalf of the planning commission, shall submit the plan of development along with the planning commission's recommendation to the town council at its first regular meeting following action by the planning commission. The town council shall approve, modify or disapprove the recommendation of the planning commission and take final action on the plan of development.

(4)

Prior to final approval of any plan of development, the applicant or owner shall execute an agreement to construct such required improvements as are located within public rights-of-way or easements connected to any public facility, together with a performance bond with surety acceptable to the town manager. The bond shall be in the amount of the estimated cost of the required physical improvements as determined by the town manager and shall provide for completion of the work within a specific time.

(e)

Amendments. If it is necessary to modify an approved plan of development, and the change is determined by the zoning administrator to have no substantial impact, the zoning administrator may approve the change without adhering to the procedures and filing requirements of this section. If a change is determined to be substantial, the zoning administrator shall require a new plan be submitted in compliance with the provisions of this section.

(f)

Implementation of approved plans. Inspections shall be made by the zoning administrator, building official and town engineer with respect to their particular areas of responsibility during construction and upon completion of construction of off-site and on-site improvements in order to ensure compliance with each approved plan of development. The owner or developer shall provide supervision at the development site during construction and installation of improvements required by the approved plan of development, and shall maintain a set of approved plans at the site at all times that work pursuant thereto is being performed.

(g)

Expiration of approved plan. An approved plan of development shall become null and void if no building permit to construct the improvements authorized by the plan of development has been issued or use of the affected property has commenced within five years of the date of approval as outlined in Code of Virginia, § 15.2-2261. Upon written request by the applicant, the zoning administrator may grant one, 90-day extension of the expiration date of a plan of development.

(Ord. of 3-27-89, § 15-20; Ord. No. 08-09, 10-26-09; Ord. No. 03-2016, 5-8-17)

Zoning permits, certificates of occupancy and plans of development issued on the basis of approved applications and plans shall authorize only the construction, arrangement and use set forth in such approved applications and plans, and any construction, arrangement or use not in compliance with that specifically authorized shall be deemed a violation of this chapter.

(Ord. of 3-27-89, § 15-21)

A filing fee of $25.00 shall accompany each application for a zoning permit. A fee of $25.00 shall accompany each application for a sign permit. A fee of $25.00 shall accompany each request for approval of a boundary line adjustment.

(Ord. of 3-27-89, § 15-22; Ord. of 4-28-03(1))