This article of the Code of the Town of Windsor, shall be known as the "Land Development Ordinance of the Town of Windsor," and cited throughout as the "Land Development Ordinance" or "ordinance".

The purpose of this Land Development Ordinance is to coordinate and facilitate the various functions of the appropriate Zoning, Subdivision and other similar ordinances of the Town of Windsor to assist in the creation of a viable, sustainable community. This Land Development Ordinance shall apply to the incorporated territory within the Town of Windsor. It is the intent of this ordinance that the extent of its applicability shall be automatically changed in accordance with the provisions of the laws of the Commonwealth of Virginia which may affect the applicability of the various portions of this ordinance.

The individual authority for the components of this ordinance, Zoning and Subdivision, that are combined within this document are cited within the various articles in which they pertain. For the purpose of promoting the health, safety, and general welfare of the public and of further accomplishing the objectives of Title 15.2, Code of Virginia, as amended, the following shall be adopted as the Land Development Ordinance of the Town of Windsor, Virginia incorporating and superseding the previous Town of Windsor Land Development as amended.

(Ord. of 10-13-2015)

This Zoning Ordinance, which is found primarily in article II, is hereby adopted by the Town of Windsor.

(a)

The Zoning Ordinance is intended to accomplish the objectives of § 15.2-2283, Code of Virginia.

(b)

The ordinance is designed to promote the health, safety and general welfare of the public in the following areas:

(1)

To provide for adequate light, air, convenience of access, and safety in regards to fire, floods, and other dangers;

(2)

To reduce or prevent congestion in public streets;

(3)

To facilitate the creation of a convenient, attractive, and harmonious community;

(4)

To expedite the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports, and other public requirements;

(5)

To protect against destruction of or encroachment upon historic areas;

(6)

To protect against one or more of the following:

a.

Overcrowding of land;

b.

Undue density of population in relation to the community facilities existing or available;

c.

Obstruction of light and air; and

d.

Danger and congestion in travel and transportation or loss of life, health or property from fire, flood, panic or other dangers.

(7)

To encourage economic development activities that provide desirable employment and enlarge the tax base;

(8)

To provide for the preservation of agricultural and forestal lands and other lands of significance for the protection of the natural environment;

(9)

To protect approach slopes and other safety areas of licensed airports;

(10)

To promote affordable housing; and

(11)

To protect the quality of surface and groundwater resources.

It is the policy of the Town to consider the subdivision of land as a means to implement the Comprehensive Plan. The Subdivision portion of this ordinance, which is primarily found in article III is hereby adopted by the Town of Windsor.

(a)

The Subdivision Ordinance is intended to accomplish the objectives of § 15.2-2240, Code of Virginia, as amended.

(b)

This ordinance is intended to guide and facilitate the orderly, beneficial growth of the community and to assure the orderly subdivision of land and its development to promote the health, safety and general welfare of the public in the following ways:

(1)

Ensure that the growth of the community is consonant with the efficient and economical use of public funds and meets the needs of the citizens;

(2)

Ensure that residential developments are created to promulgate a healthy environment for family life;

(3)

Clearly establish the procedure which shall be followed in order to subdivide land in the Town, subject to this ordinance;

(4)

Ensure that this process includes appropriate and applicable reviews; and

(5)

Ensure that all improvements required by this ordinance will be designed, constructed, and maintained so as not to become an undue fiscal, economic or safety burden on the Town and its citizens.

Should any article, section, subsection, provision or ordinance of this chapter be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the ordinance as a whole or any part thereof other than the part so declared to be invalid or unconstitutional.

The regulations established herein within each district shall be minimum regulations and shall be uniformly applied to each class of structure and land, except as hereinafter provided.

If another state or federal statute, regulation or Town ordinance contains conflicting provisions with this ordinance, the more restrictive of the provisions, ordinances, or regulations shall govern.

It is not the intent of this ordinance to exclude any economic, racial, religious, or ethnic group from enjoyment of residence, land ownership, or tenancy within the Town of Windsor; nor is it the intent of this chapter to use public powers in any way to promote the separation of economic, racial, religious, or ethnic groups, except as may be an incidental result of meeting the lawful purposes outlined in the various articles herein.

The requirements of this ordinance are separate from, but supplementary to, all other applicable requirements of the Town Code, state and federal law, private agreements and covenants, private easements, proffers and conditions of zoning, and other applicable ordinances and regulations.

Specific rules of construction shall apply to the provisions of this ordinance.

(a)

Words used in the present tense include the future tense; words in the singular number include the plural number; and words in the plural number include the singular number, unless the obvious construction of the wording indicates otherwise.

(b)

Words and terms not defined within this ordinance shall be interpreted in accord with their normal dictionary meaning and customary usage unless otherwise defined in section 160-12.

(c)

The word "approve" shall also include the term "or disapprove" when used in connection with an action to be taken by Council, Commission, Board or officer of the Town in the administration and maintenance of this ordinance.

(d)

The word "building" or "structure" includes any part thereof and the word "building" includes the word "structure".

(e)

The terms "main", "primary" and "principal" are used herein as synonymous.

(f)

The word "shall" is mandatory but the word "may" is permissive.

(g)

The terms "land use" and "use of land" shall be deemed also to include "building use" and "use of building".

(h)

Any reference to any specific gender (male or female) shall, by definition, include the corresponding opposite gender (for example, Him/Her, him/her, etc.).

(i)

The word "used" shall be deemed also to include "erected", "built", "reconstructed", "altered", "placed", or "moved".

(j)

All references to days shall be to calendar days.

(k)

The word "State" means the Commonwealth of Virginia.

(l)

The word "Town" means the Town of Windsor, Virginia.

(m)

The term "Virginia Code" means the Code of Virginia of 1950, as amended through the most recent session of the General Assembly.

(n)

The title "Land Development Ordinance" or "ordinance" refers to Chapter 160 of the Town of Windsor Code.

As used in this chapter, the following terms shall have the meanings indicated:

100-year flood means a flood that, on the average, is likely to occur once every 100 years.

Abandoned vehicles, inoperative motor vehicle means any vehicle which is not covered from public view is deemed inoperable by the fact that any of the following requirements are not met: valid license, inspection sticker, or valid Town tags. Additionally, any vehicle that is not covered from public view and not in operating condition for 60 days, or longer, or is partially or totally dismantled shall be considered an inoperative motor vehicle.

Abattoir means a commercial slaughterhouse.

Accessory use or building. See "use, accessory" or "building, accessory."

Acreage means a parcel of land, regardless of area, described by metes and bounds, which is not a numbered lot on any recorded subdivision plat.

Administrator means the official charged with the enforcement of the Land Development Ordinance. The administrator may be an appointed or elected official who is by formal resolution designated to the position by the Town Council who may serve with or without compensation as determined by the Town Council.

Adult entertainment establishments means establishments with the following uses:

(a)

Adult bookstore means an establishment having, as a substantial or significant portion of its stock-in-trade, books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or related to specified sexual activities, or specified anatomical areas, or an establishment with a segment or section devoted to the sale or display of such material.

(b)

Adult motion-picture theater means an enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to specified sexual activities or specified anatomical areas for observation by patrons therein.

(c)

Cabaret means an adult club, restaurant, theater, hall or similar place which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers exhibiting specified anatomical areas or performing specified sexual activities.

(d)

Drug paraphernalia store means any retail store selling paraphernalia commonly related to the use of any drug or narcotic sale, use or possession of which is subject to the provisions of The Drug Control Act, Title 54.1, Code of Virginia (1950), as amended, including, but not limited to, water pipes, pipe "screens," hashish pipes, "roach" clips, "coke" spoons, "bongs," and cigarette rolling paper, except that this shall not be deemed to include the sale of cigarette rolling paper by a store that also sells loose tobacco or the sale by prescription of implements needed for the use of prescribed drugs or narcotics.

(e)

Tattoo parlors means any place in which is offered or practiced the placing of designs, letters, scrolls, figures, symbols or any other marks upon or under the skin of any person with ink or any other substance, resulting in the permanent coloration of the skin by the aid of needles or any other instrument designed to touch or puncture the skin.

Agriculture means the tilling of the soil, the raising of crops, horticulture, and forestry, including the keeping of animals and fowl, and including any agricultural industry or business, such as fruit packing plants, dairies or similar uses, but not including an abattoir.

Alley means a platted serviceway providing a secondary means of access to abutting properties.

Alteration means any change in the total floor area, adaptability, or external appearance of an existing structure.

Anatomical areas means human genitals, pubic region, buttocks, female breasts below a point immediately above the top of the areola, and/or human male genitals in a discernible turgid state, even if completely and opaquely covered being visible less than completely and opaquely covered:

Animal hospital or clinic means an establishment where treatment is received and no activity is conducted outside the main building. Kennels are not included.

Animal or poultry husbandry means any keeping, boarding, breeding, or raising of any number of horses, goats, sheep, poultry, or other customary farm animals for any purpose.

Apartment means a unit in a multifamily dwelling providing living quarters for a single family, in which separate access to the outside is usually not provided, and in which the major orientation of the unit is horizontal rather than vertical; or any condominium unit of similar physical character, appearance, and structure.

Automobile graveyard means any lot or place which is exposed to the weather upon which more than three motor vehicles of any kind, not displaying current Commonwealth of Virginia inspection certification, are placed, located, or found.

Automobile service station means any area of land, including structures thereon, used for the retail sale of gasoline and other vehicle fuel, automobile accessories, or incidental services, including facilities for lubricating, hand washing and cleaning. This definition includes any retail or wholesale stores which sell vehicle fuels, or otherwise service automobiles, but excluding painting, major repair, sale of autos and trailers, and mechanical washing machines.

Basement means a story having part but not more than one-half of its height below grade. A basement shall count as a story for the purpose of height regulations, if it is used for business purposes, or for dwelling purposes by other than a janitor employed on the premises.

Bed-and-breakfast/inn means a building or part thereof other than a hotel, motel, lodging house, or restaurant, where meals and/or lodging are provided for compensation for three to ten unrelated persons, where no cooking or dining facilities are provided in individual rooms, and in which the length of stay is usually less than one week in duration.

Board means the Board of Zoning Appeals as established under this chapter.

Boardinghouse (rooming house) means a building or part thereof other than a hotel, motel, bed-and-breakfast, or restaurant, where meals and/or lodging are provided for compensation for three to ten unrelated persons where no cooking or dining facilities are provided in individual rooms and in which the length of stay usually exceeds one week in duration. A "lodging house" is also included in this definition.

Buffer strip, planted means a strip of land running adjacent to and along a property line, which shall be planted with evergreen shrubbery at least seven feet in height from the ground.

Building means any structure designed or intended for support, enclosure, shelter, or protection of persons, animals, or property.

Building, accessory means a subordinate building located on the same lot as the main building, the use of which is incidental and accessory to that of the main building or use.

Building, accessory dwelling means an accessory building designed to be used as an independent dwelling.

Building Code means the Virginia Uniform Statewide Building Code, as adopted by the Town of Windsor and as amended.

Building, front line of means the line of that face of the building nearest the front line of the lot. This face includes sun parlors, decks, and covered porches, whether enclosed or unenclosed, but does not generally include steps.

Building, height of means the vertical distance measured from the level of the edge of the pavement opposite the middle of the front of the structure to the highest point of the roof if a flat roof; to the deck line of a mansard roof; or to the mean height level between the eaves and the ridge of the gable, hip, or gambrel roof. For buildings set back from the road line, the height shall be measured from the average elevation of the ground surface along the front of the building.

Building Inspector means a building official appointed by the Town Council to administer and enforce the provisions of the Building Code or his designated representative or agent.

Building, main means a building in which is conducted the main or principal use of the lot on which said building is situated.

Cellar means a story having more than one-half of its height below grade.

Center line of streets means a line surveyed and monumented as such, or if a center line has not been surveyed and monumented, it shall be that line running midway between the outside lines of the right-of-way for the street.

Child-care center or nursery means facilities or programs for the noneducational care of six or more children away from their own home for any part of a 24-hour day, for compensation or otherwise.

Church or house of worship means a building where persons regularly assemble for religious worship, and which is maintained and controlled by a religious body organized to conduct public worship.

Clerk means the Clerk of the Circuit Court having jurisdiction in the Town of Windsor.

Commission means the Town of Windsor Planning Commission.

Common elements means all portions of a cooperative other than the units.

Communication facility means facilities with requisite towers or antenna of over 50 feet in height for telephone, television or radio transmission of a commercial or public serving nature. This includes "cell towers", radio and television station broadcast antenna towers, and satellite/cable television facilities with requisite multiple dish antennas and antennas for the dispatching of commercial or industrial vehicles. It does not include radio antennas for private recreational use.

Communications equipment means any tower, dish, or other equipment used to send or receive electronic transmissions for public or private use.

Community center means community entertainment, recreation, or meeting place operated by a nonprofit organization.

Condominium means a dwelling unit in an apartment building or residential development which is individually owned, but in which the common areas are owned, controlled, and maintained through an organization consisting of all individual owners.

Conversion building means a building that at any time before establishment of the cooperative was occupied wholly or partially by persons other than persons with an ownership interest in the cooperative organization owning or leasing the cooperative.

Cooperative means real estate owned or leased by a cooperative organization.

Cooperative interest means a leasehold interest under a proprietary lease coupled with ownership of an interest in the cooperative organization.

Cooperative organization means any corporation or entity which owns or leases real estate and disposes of cooperative interests in such real estate.

Cooperative unit means a physical portion of the cooperative designed for separate tenancy.

Cottage industry means a small, nonpolluting business or industry employing fewer than five workers.

Coverage means that percentage of the plot or lot area covered by the building.

Cul-de-sac means a circular turning area at the end of a dead-end street.

Curb grade means the elevation of the established curb in front of the building measured at the center of such front. Where no curb grade has been established, the Zoning Administrator shall establish such curb grade.

Dairy means a commercial establishment for the manufacture and sale of dairy products.

Dairy farm means a livestock establishment where the production of milk is its primary purpose.

Developer means an owner, agent, tenant, or assignee of property being subdivided or improved, whether or not represented by an agent.

Development means a tract of land developed or to be developed as a unit under single ownership or unified control which is to contain three or more residential dwelling units. The term "development" shall not be construed to include any property that will be principally devoted to agricultural production.

Discharge means dispose, deposit, spill, pour, inject, dump, leak or place by any means; or that which is disposed, deposited, spilled, poured, injected, dumped, leaked or placed by any means.

District means a section of the Town in which the zoning regulations are uniform as referred to in § 15.2-2280, Code of Virginia (1950), as amended.

Driveway means any private way provided for the principal purpose of providing vehicular access to an off-street parking area or service in the case of a drive-in-type use.

Dump heap (trash pile) means any area lying within 1,000 feet of a state highway, a residence, or a food-handling establishment where trash, garbage, or other waste or scrap material is dumped or deposited.

Dwelling means any building or portion thereof which is designed for or used for residential purposes, except hotels, boardinghouses, lodging houses, tourist cabins, and travel trailers, recreational vehicles and manufactured homes. [Amended 3-9-2004]

Dwelling, modular means a type of single-family detached dwelling unit which is constructed in units which are movable, but not designed for regular transportation on highways, and which are designed to be constructed on and supported by a permanent foundation and not by a chassis permanently attached to the structure and which meet the requirements of the Virginia Uniform Statewide Building Code.

Dwelling, multifamily means a building designed for, or occupied exclusively by, two or more families living independently of each other; the term includes condominiums of similar physical appearance, character, and structure.

Dwelling, single-family means a building designed for, or occupied exclusively by, one family.

Dwelling, two-family (duplex or dual) means a building designed for, or occupied exclusively by, two families living independently of each other.

Dwelling unit means two or more rooms in a dwelling designed for living or sleeping purposes and having at least one kitchen area and one bathroom. Each unit must be at least 600 square feet in size, or meet the minimum dwelling unit square footage for a specific zoning district.

Easement means a grant by a property owner for the use of land for a specific purpose or purposes by the general public, a corporation, or a certain person or persons.

Engineer means a professional engineer currently registered by the Commonwealth of Virginia.

Family means one or more persons occupying a dwelling and living as a single housekeeping unit, as distinguished from persons occupying a boardinghouse, lodging house, or hotel, as herein defined.

Family day-care home means any private family home providing care, protection, and guidance to not more than ten children during only part of the day. Children related by blood or marriage to the person who maintains the home shall not be counted.

Family, immediate member of, means any person who is a natural or legally defined offspring, spouse, sibling, or parent of the owner.

Farm animals means domestic animals normally found on a farm that are utilized as food or for food products; or for other uses such as wool; or for the enjoyment of their owners and/or the public. These shall include such animals as cattle, swine, poultry, and horses and may include other indigenous and non-indigenous domesticated animals not explicitly listed in this definition.

Feedlot means any parcel of land upon which the mechanical or hand feeding of five or more livestock animals per acre is performed for a period exceeding 30 days.

Flood means a general temporary inundation of land not normally covered by water that is used or usable by man. Concurrent mudslides shall be deemed to be included in this definition.

Flood hazard area means the maximum area of the floodplain which is likely to be flooded once every 100 years or for which mud slides can be reasonably anticipated. These areas are defined by the Department of Housing and Urban Development's Flood Hazard Mapping or Rate Study Mapping, as appropriate.

Floodplain means an area, usually a relatively flat or low land area adjoining a river, stream, or watercourse, which has been in the past, or can reasonably expected in the future to be, covered temporarily by a flood.

Floodproofing means a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding required for new construction in the floodplain by the Virginia Uniform Statewide Building Code, Section 135.6.

Floodway means the channel of a stream plus any adjacent floodplain areas that must be kept free of encroachment so that the 100-year flood can be carried without substantial increases in flood heights.

Floor area means the sum of the gross horizontal areas of the total number of floors of a building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings, but not including any attic space providing headroom of less than seven feet, usable basement or cellar space not used for retailing, uncovered steps or fire escapes, open porches, accessory water or cooling towers, accessory off-street parking spaces, and accessory off-street loading berths.

Frontage means the minimum width of a lot measured along a straight line at which no point shall be closer than the minimum setback.

Garage, private means an accessory building designed or used for the storage of vehicles owned and used by the occupants of the building to which it is accessory. On a lot occupied by a multiple-unit dwelling, the private garage may be designed and used for the storage of vehicles for each dwelling unit in accordance with minimum off-street parking requirements.

Garage, public means a building or portion thereof, other than a private garage, designed or used for servicing, repairing, painting, equipping, renting, selling, or storing motor-driven vehicles.

Gardening means any use of land unenclosed except for fencing for the raising of grass, flowers, vegetables, crops, trees, or other botanical objects of natural growth, generally for the use and/or consumption by the occupants of the premises, but not including accessory structures used for the same purpose.

Governing body means the Town Council of the Town of Windsor, Virginia.

Group home means a building other than a boardinghouse, hotel or residential human-care facility preponderantly residential in character occupied by a non-family, essentially non-transient group of unrelated persons who are not mentally retarded or other developmentally disabled persons where, for compensation, meals and/or lodging and a degree of supervision are provided.

Guest room means a room which is intended, arranged or designed to be occupied, or which is occupied, by one or more guests paying direct or indirect compensation for the room, but in which no provision is made for cooking, but which does not include rooms located in dormitories.

Health Department means the Isle of Wight County Health Department or its designated agent or representative.

Highway Engineer means the official designated by the Virginia Department of Transportation to inspect subdivision streets and alleys, and other public ways.

Historical area means an area containing buildings or places in which historic events occurred or which have special public value because of notable architecture or other features relating to the cultural or artistic heritage of the community, of such significance as to warrant conservation and preservation.

Hog farm means a farm where swine are raised commercially as a principal farm enterprise.

Hog pen means an enclosure for concentrated confinement or housing of swine.

Home for adults means any facility, other than a nursing home, providing part-time or full-time care to three or more aged, infirm, or disabled adults. Persons related by blood or marriage to the operator of the facility shall not be counted.

Home occupation means an accessory non-residential use in a residential district that is carried on by the owner of a dwelling or an occupant that has written approval of the owner of the property if the applicant is a tenant. A home occupation is subject to the following further stipulations: no one is employed other than immediate members of the family residing on the premises with the exception that up to two employees other than immediate members of the family residing on the premises may be employed on the premises; the activities are conducted within the dwelling or accessory buildings and shall not equal in size more than 50 percent of the total floor area of the primary residence; and the home occupation shall not generate excessive traffic or produce obnoxious odors, glare, noise, vibration, electrical disturbance, radioactivity, or other conditions detrimental to the character of the surrounding area, and in general, shall give no evidence of the nonresidential character of use other than through the use of a sign as provided for in section 160-58. Examples of potential home occupations are child care babysitting of not more than five children, offices for practice of medical, legal, accounting, engineering, real estate, and surveying professions, beauty shops, baking, catering, and insurance agencies.

Hospital means an institution rendering medical, surgical, obstetrical, or convalescent care, including any institution licensed as a hospital by the state Department of Health.

Hospital, special care means an institution rendering care primarily for mental illness, intellectual disability, alcoholism, or drug addiction.

Hotel means a building in which lodging, or board and lodging, is provided and offered to the public for compensation and in which cooking facilities may be provided, or in which lodging facilities are provided primarily for travelers and in which the length of stay is primarily less than one week in duration. The term "hotel" includes the term "motel."

Immediate family member means a person relating to the primary resident of the property as defined in the Code of Virginia (i.e. son, daughter, parent, sibling, etc.).

Industrial waste means liquid or other wastes resulting from any process of industry, manufacture, trade or business, or from the development of any natural resources.

Industrialized building unit means a building assembly or system of building subassemblies, including the necessary electrical, plumbing, heating, ventilating and other service systems, manufactured off-site and transported to the point of use for installation or erection, with or without other specific components, as a finished building or as part of a finished building comprising two or more industrialized building units, and not designed for ready removal to or installation or erection on another site; sometimes referred to as "modular building unit" or "modular home."

Junkyard (including an automobile wrecking yard) means a lot, land, or structure, or part thereof, used primarily for the collecting, storage, and sale of waste paper, rags, scrap metal, or discarded material; or for the collecting, dismantling, storage, and salvaging of machinery or vehicles not in running condition; or for the sale of parts thereof. This term shall include "automobile graveyard." Three or more inoperable motor vehicles shall constitute an automobile graveyard.

Jurisdiction means the area or territory subject to the legislative control of the governing body.

Kennel means any location where breeding, raising, grooming, caring for or boarding of dogs, cats or other similar small animals for commercial purposes is carried on.

Land use plan means the Comprehensive Plan of the Town of Windsor, as amended.

Landscaping means the improvement of a lot or parcel with grass, ground covers, shrubs, trees, other vegetation or ornamental objects. Landscaping may include earth forms, flower beds, ornamental objects such as trellises or fountains and other natural features.

Light industry means warehousing and light manufacturing uses which produce some noise, traffic congestion, or danger, but which are of such limited scale or character that they present no serious hazard to neighboring properties from fire, smoke, noise, or odors.

Livestock/farm animals means sheep, cattle, poultry, horses, or other animals or fowl that are being produced primarily for food or food products for human consumption, or kept for sale or use. This includes nonindigenous farm animals such as llamas, alpacas and similar animals. Swine are excluded from this definition.

Livestock market means a commercial establishment wherein livestock is collected for sale, sold, or auctioned off.

Loading space means a space within the main building or on the same lot, providing for the standing, loading, or unloading of trucks and other carriers.

Lot means a numbered and measured portion or parcel of land separated from other portions or parcels by description in a site plan or a recorded plat, or by metes and bounds, intended to be a unit for the purpose, whether immediate or future, or transfer of ownership, or of development or separate use. The term applies to units of land whether in a subdivision or a development.

Lot area means the total horizontal area within the lot lines of a lot. No alley, public way, public land, or area proposed for future street purposes is to be included within the net area of the lot.

Lot, corner means a lot abutting upon two or more streets or street rights-of-way at their intersection. Of the two sides of a corner lot the front shall be deemed to be the shorter of the two sides fronting on streets.

Lot coverage means the ratio of the horizontally projected area of the main and accessory buildings on a lot to the total area of the lot, except where otherwise defined herein.

Lot, depth of means the average horizontal distance between the front and rear lot lines.

Lot, double frontage (through) means an interior lot having frontage on two streets as distinguished from a corner lot.

Lot, interior means any lot other than a corner lot.

Lot, irregular means an "irregular lot" is a lot that is not rectangular or square.

Lot lines means the lines bounding a lot as defined herein.

Lot of record means a lot or parcel of land the existence of which, location, and dimensions have been recorded in the office of the Clerk of the Circuit Court of Isle of Wight County at the time of the adoption of this chapter.

Lot width. See "frontage."

Main use means the primary purpose for which land or a building is used.

Manufacture and/or manufacturing means the processing and/or converting of raw unfinished materials or products, or either of them, into articles or substances of different character, or for use for a different purpose.

Manufactured home means a structure constructed to federal regulation, which is transportable in one or more sections; is eight body feet or more in width and 40 body feet or more in length in the traveling mode, or is 320 or more square feet when erected on site; is built on a permanent chassis; is designed to be used as a single-family dwelling, with a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure.

Manufactured home, double-wide means a manufactured home consisting of two units designed to be joined on a permanent foundation.

Manufactured home, single-wide means the same as a manufactured home comprised of a single unit, and not exceeding 14 feet in width.

Manufactured home, super single-wide means the same as a mobile home/manufactured home; generally comprised of a single unit, and exceeds 14 feet in width.

Manufactured home park means any development in which space is leased providing for three or more mobile homes intended for residential use for a period of time longer than 30 days; includes mobile home courts and camps.

Manufactured home stand means a plot of ground within a mobile home park designed to accommodate one mobile home.

Manufactured home subdivision means any area designated to accommodate three or more mobile homes intended for residential use on lots owned by the mobile home owner.

Modular home. See "industrialized building unit."

Monument sign. See "Sign, monument."

Motor home or camper means a unit or subunit that is or becomes self-propelled and is designed for human habitation on a short-term basis.

Motor vehicle means all vehicles as defined as such in the Code of Virginia (1950) as amended.

Nonconforming lot means an otherwise legally platted lot that does not conform to the minimum area or width requirements of this chapter for the district in which it is located, either at the effective date of this chapter or as a result of subsequent amendments to the chapter.

Nonconforming structure means a structure existing at the time of enactment or amendment of this chapter which does not conform to the requirements of this chapter by reason of height or condition, or by reason of its impingement upon required yard areas.

Nonconforming use of land means a use of land existing at the time of the enactment of this chapter, or at the time of a zoning amendment, which does not conform with the regulations of the use district in which it is located.

Nonconforming use of structures means the otherwise legal use of a building or structure that does not conform to the use regulations of the chapter for the district in which it is located, either at the effective date of the chapter or as a result of subsequent amendments to this chapter.

Nursing home means any facility or any identifiable component of any facility in which the primary function is the provision, on a continuing basis, of nursing services and health-related services for the treatment and inpatient care of two or more unrelated individuals, including facilities known by varying nomenclature or designation such as "convalescent homes," "skilled care facilities," "intermediate-care facilities," "extended-care facilities," and "infirmaries."

Off-street parking area means parking space provided for vehicular parking outside the dedicated street right-of-way.

Other wastes means decayed wood, sawdust, shavings, bark, leaves, lawn clippings, lime, garbage, refuse, ashes, offal, tar, paint, solvents, petroleum products, antifreeze and chemicals.

Overhang means any projection, either roof, bay, window, or similar cantilevered construction, which extends beyond the foundation of a structure. No such construction shall project into any required yard more than two feet, and no such projection shall have a vertical surface the area of which is more than 25 percent of the total area obtained by multiplying the mean height of the structure by the length of the structure along the side in question.

Parking space means an area consisting of a minimum of ten feet by 20 feet.

Parks, playgrounds, and outdoor recreation areas means land publicly or privately owned devoted to recreational pursuits, usually an open area reserved for outdoor activities such as play, hiking, exercise, or competitive sport not requiring structures for habitation.

Pen means a small enclosure used for the concentrated confinement and housing of animals or poultry; a place for feeding and fattening animals; a coop. Enclosed pasture or range with an area in excess of 200 square feet shall not be regarded as a pen. Any enclosure containing a hog is a hog pen.

Person means any individual, firm, corporation, partnership, association, organization or other entity, including governmental entities, or any combination thereof.

Plat includes the terms "map," "plan," "plot," or "replot"; a map or plan of a tract or parcel of land which is to be, or which has been, subdivided. When used as a verb "plat" is synonymous with "subdivide."

Prefabricated building means the completely assembled and erected building or structure, including the service equipment, of which the structural parts consist of prefabricated individual units or subassemblies using ordinary or controlled materials; and in which the service equipment may be either prefabricated or at-site construction.

Professional, when used in connection with "use" and "occupancy," means a use or occupancy by persons generally engaged in those services associated with certified public accountants, architects, surveyors, professional engineers, doctors, and lawyers. The term "use" or "occupancy" does not include repair or sale of tangible personal property stored or located within the structure nor any use that should create any loud noises or noxious odors.

Proffer means an offer to perform an act, and an ability and willingness to so perform, and which is dependent on and to be performed only if approval and acceptance of the profferor's primary request is granted.

Property means any tract, lot, parcel, or several of the same collected together for the purpose of subdividing.

Property owners association means a corporation or other legal entity or a nonprofit organization, which has as its purpose maintenance of streets and/or other common areas.

Public service or storage buildings means governmental facilities necessary for the public health, safety, and welfare.

Public utilities means public service structures such as power plants or substations; water treatment plants; sewage treatment plants; or such similar operations publicly or privately owned furnishing electricity, gas, water, sewage disposal and treatment, rail transport, communications, or related services to the general public.

Public utility transmission systems means water, sewer, telephones, electricity, gas lines, or related transmission facilities for public use.

Required open space means any space required in any front, side, or rear yard.

Residential use means any place, building, or establishment used in whole or in part as a dwelling.

Restaurant means any building in which, for compensation, food or beverages are dispensed to persons not residing on the premises for consumption on the premises, including, among other establishments, cafes, delicatessens, or refreshment stands.

Restaurant, drive-in means an eating and/or drinking establishment which caters to motor-driven vehicle business where the person being served may consume his food and/or drink while sitting in a motor-driven vehicle, as opposed to a restaurant serving exclusively inside or adjacent to the main building.

Retail stores and shops means buildings for display and sale of merchandise at retail or for the rendering of personal services (but specifically exclusive of coal, wood, and lumberyards), such as the following, which will serve as illustrations: drugstore, newsstand, food store, candy shop, hardware store, household appliance store, tailor shop, and beauty and barber shop.

Right-of-way means access over or across particularly described property for a specific purpose or purposes.

Right-of-way line means the dividing line between a lot, tract, or parcel of land and a contiguous street, railroad, or public utility right-of-way.

Sanitary sewer means a sewage collection device consisting of pipelines or conduits, pumping stations and force mains and all other construction devices and appliances appurtenant thereto, used for the collection and conveyance of sewage to a treatment works or point of ultimate disposal.

Sawmill means a mill or machine for the processing of timber into lumber.

School, business or commercial means a privately owned and operated educational institution or educational organization, no matter how titled, maintained or conducting classes for the purpose of offering instruction, for a consideration, profit, or tuition to prepare individuals to pursue any occupation for profit in business administration, bookkeeping, accounting, data processing, stenography, clerical, secretarial, receptionist, or other office occupations.

School, private means a privately owned and operated educational institution or educational organization, maintained or conducting classes for the purpose of offering instruction of students.

School, public means a publicly owned and operated educational institution or educational organization regulated by the Commonwealth of Virginia and maintained or conducting classes for the purpose of offering instruction of students.

School, trade means a privately or publicly owned and operated educational institution or educational organization conducting classes for the purpose of offering instruction to pursue any occupation for profit in any skilled trade, electronics, data processing, or industry, or to give occupational training in public or other service occupations, or to give vocational training designed to prepare an individual for, or to upgrade an individual in, technical occupations and technical phases of other occupations.

Screening means a barrier to vision or noise consisting of trees, bushes, shrubbery, fences, or properly landscaped mounds or berms of soil.

Setback means the minimum distance by which any building structure must be separated from the front, rear, or side lot line.

Setback line means a line generally parallel with and measured from the lot line, defining the limits of a yard in which no building or structure may be located above ground.

Sewage means the water-carried human wastes from residences, buildings, industrial establishments or other places, together with such industrial wastes, stormwater or other water as may be present.

Shopping center means a development consisting of three or more commercial establishments planned, developed, owned and managed as a unit related in location, size and type of shops to the area that the unit serves and providing site parking in relation to the types and sizes of shops.

Sign means any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or marks, or combination thereof, by which anything is made known, such as the designation of an individual, a firm, an association, a profession, a business, a commodity, or product, which are visible from any public way and used as an outdoor display.

Sign, accessory means a sign relating in its subject matter to the premises on which it is located, or to products, accommodations, services, or activities sold or provided on the premises.

Sign area means the smallest square, rectangle, triangle, circle, or combination thereof encompassing the entire advertising area, excluding architectural trim and structural supports.

Sign, business means a sign, painted, electrical, or otherwise, erected for the purpose of conveying information, knowledge, or ideas to the public about a subject related to the premises upon which said sign is located.

Sign, directional means a sign (one end of which may be pointed or on which an arrow may be painted) indicating the desired direction of travel and giving only the distance and name of the firm or business responsible for the erection of the sign.

Sign, home occupation means a sign directing attention to a product, commodity, or service available on the premises; but which product, commodity, or service is clearly a secondary use of the dwelling.

Sign, locational means a sign which directs attention to the approximate location of an establishment from which an advertised product or service may be obtained.

Sign, monument means a freestanding sign where the base of the sign structure is on the ground or a maximum of 12 inches above the adjacent grade. The width of the top of the sign structure can be no more than 120 percent of the width of the base. Monuments signs shall be composed of a brick or decorative block foundation.

Sign, non-accessory or general advertising means a freestanding structure, the primary purpose of which is to display a sign not related to a company or product sold or manufactured on the premises of the sign.

Sign, portable means any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.

Sign, public or semipublic directional means a sign that directs attention to a public or semipublic activity, such as a school, church, fraternal organization, or the like.

Sign structure means a structure, including the supports, uprights, bracing, and framework, be it single-faced, double-faced, V-type, or otherwise, which is located on the ground or on top of another structure.

Sign structure facing means the surface of the sign upon, against, or through which the message of the sign is exhibited, not including architectural trim and structural supports.

Sign, temporary means any sign, banner, pennant, valance, or advertising display with professional made lettering constructed of cloth, canvas, light fabric, or other materials with or without frames intended to be displayed for a period of not more than 60 consecutive days.

Sign, wall means any sign that shall be affixed parallel to the wall or printed on the wall of any building in such a manner as to read parallel to the wall on which it is mounted; provided, however, said wall sign shall not project above the top of the wall or beyond the end of the building. For the purpose of this chapter, any sign display surface that is affixed flat against the sloping surface of a mansard roof shall be considered a wall sign. Any sign that is affixed to the building marquee, building awning, or a building canopy shall be considered a wall sign.

Simulated sexual activities means the following:

(1)

Human genitals in a state of sexual stimulation or arousal;

(2)

Acts of human masturbation, sexual intercourse or sodomy; and

(3)

Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.

Site plan means the proposal for a project, development or a subdivision, including all covenants, grants or easements and other conditions relating to use, location and bulk of buildings, density of development, common open space, public facilities, and such other information as is required in applicable sections of this chapter.

Storm sewer system means the system of roads, streets, catch basins, curbs, gutters, ditches, swales, pipes, ponds, channels, storm drains and other facilities located within the Town of Windsor which are designed or used for collecting, storing or conveying stormwater or through which stormwater is collected, stored or conveyed.

Stormwater means runoff from rain, snow or other forms of precipitation, and surface runoff and drainage.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, then it shall be the space between the floor and ceiling next above it. A cellar shall not be counted as a story in determining building height.

Story, half means a space under a sloping roof, which has the line of intersection of roof decking and wall face not more than three feet above the top floor level and in which space not more than two thirds of the floor area is finished off for use.

Street means the principal means of access to abutting properties, including street right-of-way.

Street, center line means a line generally parallel to the right-of-way lines that equally divide the street right-of-way.

Street, half means a street that does not meet the minimum right-of-way and width requirements set forth or referenced in this chapter.

Street, internal means a private street providing access to lots within a development, but not including driveways.

Street line means the dividing line between a street or road right-of-way and the contiguous property.

Street, major means a heavily traveled thoroughfare or highway that carries a large volume of through traffic, or anticipated traffic exceeding 500 vehicles per day.

Street, other means a street that is used primarily as a means of public access to the abutting properties with anticipated traffic of less than 500 vehicles per day.

Street, service drive means a public right-of-way generally parallel and contiguous to a major highway primarily designated to promote safety by eliminating promiscuous ingress and egress to the right-of-way by providing safe and orderly points of access to the highway.

Street width means the total width of the strip of land dedicated or reserved for public travel, including roadway, curbs, gutters, sidewalks, planting strips, and bikeways.

Structure means anything constructed or erected, the use of which requires a location on the ground, or attached to something having a location on the ground, and includes satellite dish antennas, swimming pools both above and below ground, communication towers, billboards, fuel pumps, and aboveground elevation valves for the transmission of oil and natural gas.

Subdivider means any individual, corporation, registered partnership, or limited-liability company owning any tract, lot, or parcel of land to be subdivided, or a group of two or more persons owning any tract, lot, or parcel of land to be subdivided who have given their power of attorney to one of their groups or another individual to act on their behalf in planning, negotiating for, in representing, or executing the legal requirements of the subdivision.

Subdivision means the division of any tract, parcel, or lot of land into two or more parts. The word "subdivision" shall be taken to include resubdivision, and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.

(1)

The term "to subdivide" shall not include a bona fide division or partition of agricultural land into parcels of less than two acres for agricultural purposes or for building sites for the farmstead or tenant houses. Plats of divisions so excused will contain notice that the plat has not been approved for residential purposes and must be approved by the agent prior to recordation.

(2)

The term "to subdivide" shall not include a single division of a lot or parcel for the purpose of sale or gift to a member of the immediate family of the owner. Only one such division shall be allowed per family member, and shall not be for the purpose of circumventing the provisions of the Subdivision Ordinance. A plat of the division is required to be approved by the agent prior to recordation.

(3)

The term "subdivide" includes the resubdivision of lots of record or the vacation of plats. The term shall apply either to the process of subdivision or the land subdivided.

Subdivision agent means an individual appointed by the Town Council and authorized and empowered to sign on behalf of the Town of Windsor to approve subdivision plats for filing in the Circuit Court of Isle of Wight, or to deny subdivision applications, in accordance with the Town of Windsor Land Development Ordinance.

Subdivision, major means a subdivision shall be considered major if it consists of six or more lots or any subdivision of land requiring construction of a new street or the extension of an existing street.

Subdivision, minor means a subdivision shall be considered minor if it consists of no more than five lots and it does not require the construction of a new street or the extension of an existing street. The number of lots for a minor subdivision shall be counted towards the maximum number of lots for a minor subdivision from the date of adoption of this ordinance, including family transactions and single lot subdivisions. This will include a series of such minor, family transactions and single lot subdivisions.

Surveyor means a land surveyor currently licensed by the Commonwealth of Virginia.

Sustainable development means to use those design, construction, and operational standards as they apply to all levels of development. The ultimate goal would be to meet the needs of the present without compromising the ability of future generations to meet their own needs.

Television and/or radio stations means a broadcasting facility licensed in the public interest, convenience, and necessity by the Federal Communications Commission, which includes transmitting and receiving equipment, studios, offices, utility buildings, and other necessary accessories required to operate a station.

Tourist court, auto court, cabin or motor lodge means a building or buildings containing individual sleeping rooms, designed for, or used temporarily by, automobile tourists or transients, with garage or parking space conveniently located to each unit, where cooking facilities may be provided for each unit.

Tourist home means a dwelling where only lodging is provided for compensation for up to 14 persons (in contrast to hotels and boardinghouses) and open to transients.

Townhouse means a unit separated from adjacent units by a vertical wall with no openings, providing a dwelling for a single family, in which separate access to the outside is provided, and in which the major orientation of the unit is vertical rather than horizontal and can be individually sold or rented.

Townhouse development means one or more single-family dwellings consisting of townhouses, with accessory parking, open space, and recreational and management facilities.

Trailer means a wheeled vehicle designed to be pulled by a motorized vehicle on either improved or unimproved surfaces.

Travel trailer/recreational trailer means a vehicular, portable structure built on a chassis, designed to be used as a temporary occupancy for travel, recreation, or vacation; being of any length, provided its overall length does not exceed 40 feet. This definition includes those vehicles commonly known as "motor homes."

Travel trailer/recreational trailer park or travel/recreational trailer camp means premises where travel trailers are parked temporarily in conjunction with travel, recreation, or vacation.

Tree means a woody perennial plant having a single main stem.

Truck stop means a facility where a range of services and goods to professional drivers and the general public are congregated, such as fuel sales, vehicle service, overnight accommodations and restaurants.

Use, accessory means a subordinate use, customarily incidental and located upon the same lot occupied by the main use. No accessory use shall be located in any required front yard.

Use, conditional means a use which may be allowed when the Town Council, after review of the application and hearing thereon, thereby finds as a fact that the proposed use is consistent with the Comprehensive Plan; is compatible with surrounding uses; is consistent with the intent of the chapter; is in the public interest; and will comply with all other provisions of the law and ordinances of the Town of Windsor.

Variance means a reasonable deviation from those provisions regulating the shape, size, or area of a lot or parcel of land; or the shape, size, height, area, bulk or location of a building or structure when the strict application of the terms of the Zoning Ordinance would unreasonably restrict the utilization of the property, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the purpose of the ordinance. It shall not include a change in use, which change shall be accomplished by a rezoning or by a conditional zoning.

Warehouse means a structure for storing goods, wares or merchandise.

Wayside stand, roadside stand, wayside market means any structure or land used for the sale of agricultural or horticultural produce, livestock, or merchandise produced by the owner or his family on their farm.

Wholesale sales means an operation that sells chiefly to retailers, other merchants, or industrial, institutional, and commercial uses for resale or business use.

Yard means a space on the same lot with a main building, such space being open, unoccupied, and unobstructed by buildings from ground to sky except where encroachments and accessory buildings are expressly permitted.

Yard, front means an open, unoccupied space, excluding steps, on the same lot with the main building, extending the full width of the lot and situated between the right-of-way line and the front line of the building projected to the side lines of the lot. On corner lots, the depth of the front yard shall be considered as parallel to the street upon which the lot has its least dimension.

Yard, rear means an open space, excluding steps, on the same lot with the main building, such space being unoccupied except possibly by an accessory building and extending the full width of the lot and situated between the rear line of the lot and the rear line of the main building projected to the side lines of the lot.

Yard, side means an open, unoccupied space, excluding steps, on the same lot with a main building, situated between the side line of the building and the adjacent side line of the lot extending from the rear line of the front yard to the front line of the rear yard. If no front yard is required, the front boundary of the side yard shall be the front line of the lot, and if no rear yard is required, the rear boundary of the side yard shall be the rear line of the lot. On corner lots, the side yard shall be considered as parallel to the street upon which the lot has its greatest dimension.

Whenever public necessity and general good land-use practice requires, the Town Council may, from time to time, amend, supplement or change, by ordinance, the regulations herein established.

(a)

Initiation of change. Any such amendment may be initiated either by:

(1)

Resolution by the Town Council;

(2)

Motion of the Planning Commission; or

(3)

Petition of a property owner, contract purchaser with the owner's written consent, or the owner's agent and addressed to the Town Council or the Planning Commission including:

a.

Proposed wording or revision(s) of the text to be amended with references to the division, section, and subsection that is/are proposed to be amended, including sections to be repealed, deleted or replaced in or on a form approved by the Planning and Zoning Administrator;

b.

Narrative description of the purposes to be served by the proposed amendment and how it would affect and improve the Land Development Ordinance; and

c.

A filing fee to defray the cost of processing, advertising and holding the public hearings as are required by the Town of Windsor pursuant to the Code of Virginia.

(b)

Notice, hearing, and recommendation by Planning Commission. The Planning Commission shall hold a public hearing on a complete application for a proposed amendment as described above. Notice of public hearing before the Planning Commission shall be in accord with the relevant procedures outlined in the Code of Virginia as amended. The Planning Commission shall make a recommendation to approve, deny or give no recommendation on the proposed amendment within 100 days of the date of the first meeting that the Planning Commission accepts the application as being complete as set forth in the Code of Virginia.

(c)

Notice, hearing, and determination by Town Council. The Town Council shall hold a public hearing on the application for a proposed amendment. Notice of public hearing before the Town Council shall be in accord with the relevant procedures outlined in the Code of Virginia as amended. The Town Council shall either approve or deny the request within the timeframes set forth in the Code of Virginia.

The application and appeals process for the Zoning and Subdivision components and processes of this ordinance are given respectively within article II and article III.

The applicant for a land-use ordinance text amendment, zoning map amendment, conditional use permit, variance request or an appeal of the Planning and Zoning Administrator's decision shall make complete disclosure of the equitable ownership of the real estate to be affected, including, in the case of corporate ownership, the names of the stockholders, officers and directors, and in any case the names and addresses of all of the real parties of interest. However, the requirement of listing names of stockholders, officers and directors shall not apply to a corporation whose stock is traded on a national or local stock exchange or having more than 500 shareholders. Petitions brought by property owners or their agents, including contract purchasers, shall be sworn to under oath before a Notary Public or other official before whom oaths may be taken stating whether or not any member of the Planning Commission or Town Council has any interest in such property, either individually, by ownership of stock in a corporation owning such land, partnership, as the beneficiary of a trust, or the settlor of a revocable trust, or whether a member of the immediate household of any member of the Planning Commission or Town Council has any such interest.

The Town Council is charged with in the administration of this Land Development Ordinance.

(a)

Land Development Ordinance text amendments. The Town Council may initiate potential amendments to the Land Development Ordinance by requesting the Planning Commission to study the proposed revision(s) and give a stated reasonable period of time for a recommendation to be made by the Planning Commission (see section 160-17 dealing with the role of the Planning Commission).

The Town Council makes the final decision for the Town of Windsor to approve or deny the language in proposed Land Development Ordinance text amendments after a duly advertised public hearing (see section 160-73 for further appeals rights) pursuant to the Code of Virginia.

(b)

Zoning Map amendment. The Town Council, pursuant to the Code of Virginia, has the final responsibility after a duly advertised public hearing and after receipt of a recommendation from the Planning Commission to approve or deny requests for zoning map amendments (rezonings). The Town Council shall determine whether the request is appropriate based on the Town's Comprehensive Plan, the proposed zoning map amendment's compatibility with adjacent and nearby uses, and standards set by the Code of Virginia, and related case law. The Town Council may also initiate potential amendments to the Zoning Map by requesting the Planning Commission to study the proposed revision and give a stated reasonable period of time for a recommendation to be made by the Planning Commission (see section 160-17 below dealing with the role of the Planning Commission).

(c)

Conditional use permits. The Town Council pursuant to the Code of Virginia has the final responsibility after a duly advertised public hearing to approve or deny requests for conditional use permits. The Town Council shall determine whether the proposed use is appropriate based on the Town's Comprehensive Plan, its compatibility with adjacent and nearby uses, and standards set by the Code of Virginia and related case law. The Town Council may add, modify or remove conditions recommended by the Planning Commission that would make the proposed conditional use permit compatible and appropriate for the proposed location.

(d)

Appeal of site plan denial. The Town Council shall have the duty and responsibility to review, amend, overturn or affirm an appeal of a site-plan denial pursuant to section 160-66.

The Planning Commission has certain duties in the administration of this Land Development Ordinance.

(a)

Land Development Ordinance text amendments. Land Development Ordinance text amendments may be initiated in the following manner:

(1)

The Planning Commission may initiate potential text amendments to the Land Development Ordinance on its own initiative or in conjunction with the Planning and Zoning Administrator;

(2)

The Planning Commission shall also receive potential Land Development text amendments (conceptual or written) from Town Council upon request and act on said proposals in the time-frame proposed by Town Council; and

(3)

The Planning Commission may also receive potential Zoning text amendments (conceptual or written) from citizens of Windsor or persons with a financial interest in property within the Town or from the Planning and Zoning Administrator.

In all of the above situations, the Planning Commission shall hold a public hearing and make a recommendation to the Town Council within the time period prescribed in § 15.2-2285, Code of Virginia.

(b)

Zoning Map amendments. The Planning Commission shall hold a public hearing or hearings and make recommendations to the Town Council on requests for Zoning Map amendments from either the Town Council, citizens of Windsor or persons with a financial interest in property within the Town, from the Planning and Zoning Administrator or on their own initiation. In making their recommendation, the Planning Commission shall consider whether the request is appropriate based on the Town's Comprehensive Plan, the proposed zoning map amendment's compatibility with adjacent and nearby uses, and standards set by the Code of Virginia and related case law.

(c)

Conditional use permits (CUP's). The Planning Commission shall hold a public hearing and make recommendations (see section 160-73) to the Town Council on requests for conditional use permits from the Town Council, the citizens of Windsor, persons with a financial interest in property within the Town, from the Planning and Zoning Administrator or on their own initiative. The Commission in making its recommendation shall determine whether the proposed use is appropriate based on the Town's Comprehensive Plan, its compatibility with adjacent and nearby uses, and standards set by the Code of Virginia and related case law. The Commission may recommend conditions that could make the proposed conditional use permit compatible and appropriate for the proposed location.

(d)

Subdivisions. The Planning Commission shall have the following duties in the subdivision process:

(1)

To review preliminary and final plats for major subdivisions, and when applicable, to review and approve or deny major subdivisions request pursuant to this ordinance and § 15.2-2242, Code of Virginia;

(2)

To consider applications for variation in or exceptions to the requirements of article III of this ordinance. Approval of a variation or exception by the Planning Commission shall be limited to cases of unusual situations or when strict adherence to the requirements of this ordinance would result in substantial injustice or hardship;

(3)

In cases where the Planning and Zoning Administrator has the duty to review and approve or deny subdivisions (see article III), the decision of the Planning and Zoning Administrator to disapprove may be appealed to the Planning Commission on the required application form and with approved fees as required by the Town; and

(4)

The Planning Commission shall have the duty and responsibility to approve, request modifications or deny proposed siteplans in accordance with the requirements of section 160-66.

The Board of Zoning Appeals are imbued with powers in certain appeal and variance situations.

(a)

Appeals. To hear and decide appeals from any order, requirement, decision, or determination made by the Planning and Zoning Administrator or other administrative officer in the administration or enforcement of article II of this ordinance and the portions of article I of this ordinance that deal with Zoning (see section 160-70 for the appeals process).

(b)

Variances. To authorize, upon original application in specific cases, such variance from the terms of the Zoning Ordinance (see section 160-71).

The Planning and Zoning Administrator shall have duties and powers in the areas of planning and zoning.

(a)

Zoning Administrator. The Zoning Administrator shall be appointed by and serve at the pleasure of the Town Manager pursuant to the Town Charter and the Town's personnel policies. The Zoning Administrator is authorized and empowered on behalf of and in the name of the Town to administer and enforce the provisions set forth herein, to include receiving and processing of applications, inspecting premises, and issuing zoning permits for uses and structures which are in conformance with the provisions of this ordinance. The Zoning Administrator shall have all necessary authority on behalf of the Town pursuant to the Code of Virginia to administer and enforce the applicable portions of this ordinance, including ordering, in writing, the remedy for any condition found in violation of this chapter, and bringing legal actions including injunction, abatement, or other appropriate action or proceeding, to ensure compliance with this chapter. As the Zoning Administrator, he/she will have the responsibility to inform and make recommendations to the Planning Commission and Town Council on difficulties with the administration of this ordinance, changes in state or federal law or other areas affecting the administration of the Land Development Ordinance, and as needed to propose amendments to this ordinance.

(b)

Planner. The Planning and Zoning Administrator in the Planner role shall assist the Planning Commission and Town Council in the processing and approval/denial of all zoning text and map amendments, conditional use permits, site plans and in the comprehensive planning process.

(c)

Subdivision Agent. The Planning and Zoning Administrator shall be the Subdivision Agent and be responsible for enforcing the subdivision functions of this ordinance. These duties, responsibilities and functions are as follows:

(1)

To review and approve/disapprove plats for family transaction and minor subdivisions;

(2)

To provide information and conduct conferences with subdividers, citizens and other interested parties pursuant to the relevant subdivision process;

(3)

To assist the Planning Commission with evaluation of preliminary and final plats for major subdivisions;

(4)

To act as the Planning Commission's agent to sign major subdivisions for recordation after Planning Commission approval;

(5)

To inspect and ensure compliance with the approved subdivisions and the Land Development Ordinance;

(6)

To take such actions as are necessary, proper and legally permissible to prevent, terminate, remove or correct violations or potential violation of this ordinance; and

(7)

To recommend to the Planning Commission and Town Council, as needed, amendments to this ordinance.

For Land Development Ordinance text amendments, Zoning Map amendments, conditional use permits, variance requests and appeals of a Zoning Official's actions, the advertising and notification process in § 15.2-2204, Code of Virginia, as amended and other future legal requirements shall be followed.

The Planning and Zoning Administrator shall have posted in a conspicuous place on the property which is the subject matter of the Zoning Map amendment or conditional use permit application, one or more signs, each of which shall not be less than one and one-half square feet in area, and shall contain information as to the proposed change and the date and time of the public hearing. These signs shall be posted at least 15 days prior to the public hearing.

All departments, officials, and public employees of the Town who are vested with the duty to issue permits or licenses shall conform to the provisions of this ordinance. They shall issue permits for uses, buildings, or purposes only when they are in harmony with the provisions of these regulations. Any such permit, if issued in conflict with the provisions of these regulations, shall be considered null and void by the Zoning and Administrator.

Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file a complaint. Such complaint shall state fully the cause and basis thereof and shall be filed with the Planning and Zoning Administrator. The Planning and Zoning Administrator shall record properly such complaint, immediately investigate, and take action thereon provided by this chapter. It shall be the responsibility of the Zoning Administrator or his/her designee to enforce this ordinance and have the violation corrected pursuant to the Code of Virginia.

(a)

Violations. Any person, firm, or corporation, whether as a principal, agent, employee, or otherwise, violating, causing, or permitting the violation of any of the provisions of the regulations contained in this chapter shall be guilty of a misdemeanor and, upon conviction thereof, may be fined pursuant to penalties in the Code of Virginia. Such person, firm, or corporation shall be deemed to be guilty of a separate offense for each and every day during which any portion of any violation of this chapter is committed, continued, or permitted by such person, firm, or corporation and shall be punishable as herein provided.

(b)

Legal procedures. The Planning and Zoning Administrator may bring legal action to enjoin the continuing violation of this chapter, and the existence of any other remedy, at law or in equity, shall not be a defense to any such action.

(c)

Cumulative penalties. The remedies set forth in this section shall be cumulative and not exclusive, and it shall not be a defense to any action, civil or criminal, that one or more of the remedies set forth herein has been sought or granted.

In connection with the administration of this chapter, the Town Council shall establish a schedule of fees, charges and expenses, unless otherwise provided for in this chapter. Such fees, charges and expenses shall not vary substantially from costs generally found to be involved in advertising, reviewing, processing or other actions in the particular classes of cases involved. Such fees shall be payable to the Town Treasurer to be applied to such advertising and other costs. The schedule of fees shall be posted in the Town offices and may be altered or amended only by the Town Council. Until all fees have been paid in full, no action shall be taken on any application, appeal or amendment. All fees as established shall not apply to applications initiated by motion of the Planning Commission or by resolution of the Town Council.

No portion of any fee payment shall be returned to any applicant, except that where an application requiring a public hearing is withdrawn prior to notification of public hearing, in which case that portion of any fee payment relating to notice and conduct of a public hearing shall be returned.

An application for a Zoning Map amendment, conditional use permit, variance, appeal of the Zoning Administrator's decision or any form of subdivision where new lots are created will not be considered valid until any and all taxes for real property within the Town that have been properly assessed against the subject property have been paid in accordance with § 15.2-2286, Code of Virginia.