(a)

Appointment. A zoning administrator shall be appointed by the governing body to administer and enforce this chapter. The zoning administrator may also hold another office in the town.

(b)

Powers and duties generally. It shall be the duty of the zoning administrator to enforce literally the provisions of this chapter and the amendments thereto, and he shall have such duties and powers as are conferred on him by this chapter and as are reasonably implied for that purpose. The zoning administrator's duties shall include, but are not limited to, the following:

(1)

Receive applications for and issue zoning permits as permitted by the terms of this chapter.

(2)

Receive applications for certificates of occupancy.

(3)

Issue certificates of use and occupancy in accordance with the terms of this chapter.

(4)

Receive applications for variances and transmit the same to the board of zoning appeals.

(5)

Receive applications for special permits and transmit the same to the planning commission.

(6)

Issue special permits or variances only after a special permit or variance has been approved by the board of zoning appeals or the town council, whichever applies, in accordance with the regulations of this chapter.

(7)

Keep an official record of all business and activities, including complaints of violations of any of the provisions of this chapter and of the subsequent action taken on each such complaint. All such records shall be open to public inspection. File copies of all applications received. Permits issued and reports and inspections made in connection with any structure, building, sign or land shall be retained as long as they remain in existence.

(8)

Make inspections as required to fulfill his duties.

(9)

Be responsible for keeping this chapter and the official zoning map up to date, so as to include all amendments hereto.

(10)

Be responsible for the identification and registration of nonconformance when necessary.

(11)

Order the remedying of any violation of this chapter in accordance with subsection (c) and the bringing of legal action to insure compliance with this chapter.

(c)

Notice of violation. The zoning administrator shall serve a written notice of violation on any person responsible for violating any of the provisions of this chapter, or any amendment thereto, or in violation of a detailed statement or a plan approved thereunder. If such notice of violation is not complied with before expiration of the time period set forth in such notice, the zoning administrator shall order the discontinuance of such unlawful structure, building, sign or use thereof or land involved in such violation.

(Code 1968, § 29-94)

(a)

Required. No building, structure or sign shall be erected, constructed, moved, added to or structurally altered, nor shall land or structure be put to any use, without a permit therefor issued by the zoning administrator. No such permit shall be issued except in conformity with the provisions of this chapter, or upon written order from the board of zoning appeals or the town council, in the form of a variance or special permit where provided by this chapter, any applicable laws or any court of competent jurisdiction.

(b)

Application.

(1)

All applications shall be made in writing on triplicate forms provided by the zoning administrator and shall show at least the following information:

a.

Actual dimensions and shape of the lot to be built upon.

b.

The exact size and location on the lot of all buildings, structures or signs existing, proposed extensions thereto or buildings, etc., to be constructed thereon.

c.

The number of dwelling units, if any, to be provided.

d.

Parking spaces provided or loading facilities.

e.

Statement indicating the existing or proposed use.

f.

In the case of new construction, additions or replacements, the height of structures, buildings or signs.

g.

For industrial uses, plans should show, in sufficient detail, the operation and processes of the industry.

h.

All other information necessary for the zoning administrator to determine conformance with, and provide for enforcement of, this chapter.

(2)

One copy of the forms shall be returned to the applicant by the zoning administrator, after he shall have marked such copies either as approved or disapproved and attested to the same by his signature on such copy.

(3)

One copy of all such forms shall be retained by the zoning administrator for his permanent records, and one copy shall be sent to the county department of building inspections.

(4)

Such approval and zoning permit shall be issued or refused within 30 days from the date of application, unless additional time is permitted by this chapter. In case of refusal, the applicant shall be informed of his rights of appeal. The application for a permit shall be submitted in such forms as the zoning administrator may prescribe.

(c)

Expiration. A zoning permit shall expire six months after the date of issuance, if work described in any permit has not begun. If work described in any zoning permit has begun within such six-month period, such permit shall expire two years from the date of issuance thereof.

(Code 1968, § 29-95)

(a)

Required. A certificate of use and occupancy shall be required upon the completion of the work for which a zoning permit was issued. It shall be unlawful to use or occupy any structure, building, land or portion thereof in any manner until a certificate of use and occupancy has been issued.

(b)

Form of application. The application for a certificate of use and occupancy shall be submitted in such form as the zoning administrator may prescribe.

(c)

Inspection of work; issuance or denial; reinspections.

(1)

The zoning administrator shall inspect any structure, building, sign, land or portion thereof and shall determine the conformity of the same with this chapter and with the work as listed in the zoning permit. If he is satisfied that the completed work is in conformity with this chapter and with the work listed in the zoning permit, he shall issue a certificate of use and occupancy.

(2)

A certificate of use and occupancy shall be granted or refused in writing, within ten days from the date of application.

(3)

In zoning districts in which performance standards are imposed, no certificate of use and occupancy shall become permanent until the zoning administrator has reinspected the facility and determined that it is in compliance with all performance standards. The owner of the facility shall request, in such form as the zoning administrator may prescribe, that the zoning administrator reinspect such facility.

(4)

Such request shall be made no less than 30 nor more than 45 days after the facility is fully operating, but in no event shall such request be made more than 120 days after the certificate of use and occupancy has been issued. The zoning administrator shall reinspect the facility within 30 days of receipt of such notification, and he shall notify the applicant in writing, within ten days thereof, that:

a.

The facility is in full compliance with all performance standards and the certificate of use and occupancy is permanent; or

b.

The facility does not comply with the performance standards and the certificate of use and occupancy is still temporary and may be revoked if the applicant does not correct all violations.

Requests for additional reinspections and action by the zoning administrator for correction of violations shall follow the same procedure and requirements as described in this subsection for reinspection. If the zoning administrator fails to reinspect a facility within 30 days of receipt of notification requesting reinspections, the facility shall be deemed to be in full compliance with all performance standards, and the certificate of use and occupancy shall be considered permanent without further action on the part of the applicant.

(Code 1968, § 29-96)

Applications for special use permits shall be made to the zoning administrator. He shall promptly transmit the same to the town manager, who will schedule a joint public hearing with the planning commission and the town council. After receiving the commission's recommendation on the application, the town council must approve or disapprove the special use permit within 60 days after the initial application was filed with the administrator. No such special use permit shall be authorized except after notice and hearing as required by Code of Virginia, § 15.1-431. The granting of a special use permit may require a site plan, pursuant to section 90-391, to be submitted to the administrator. When specifically authorized by the terms of this chapter, the granting of a special use permit shall be subject to the following standards and criteria:

(1)

Such use shall be one which is specifically authorized as a special permit in the zoning district wherein the applicant seeks a special permit.

(2)

Such permit shall only be granted subject to any applicable conditions and safeguards as required by this chapter.

(3)

Such permit may be granted subject to additional reasonable conditions and safeguards as may be deemed by the town council to be advisable and appropriate.

(4)

Such use shall be found by the council to be in harmony with the general purposes and intent of this chapter.

(5)

Such use shall not adversely affect the character of the zoning district, the conservation of property values or the health and safety of residents or workers on adjacent properties and in the general neighborhood.

(6)

Such use shall be of such size and so located and laid out in relation to its access streets that vehicular and pedestrian traffic to and from such use will not create undue congestion or hazards prejudicial to the general neighborhood.

(7)

Such use shall not conflict with development in accordance with the comprehensive plan.

(Code 1968, § 29-97)

Any special use permit granted in accordance with section 90-464 shall expire and be null and void if the applicant does not comply with the requirements of the special use permit or the applicant fails to perform fully according to his application within one year of the approval of the special use permit.

(Code 1968, § 29-97.1)

The town council is authorized to renew and/or extend special use permits heretofore granted by the town council upon the application of the landowner to whom the special use permit was granted or upon application by a successor in title or a prospective successor in title to such landowner. If a special use permit is no longer allowed as initially granted as a result of amendments to the zoning ordinances of the town, the town council is nevertheless authorized to renew and/or extend the special use permit to the landowner, a successor in title to the landowner, or a prospective successor in title to the landowner. Renewals or extensions granted under this section shall be subject to the terms and conditions as set forth by the town council at the time of such renewal or extension.

(Ord. of 9-3-91(2), § 29-97.2)

The governing body shall establish, by resolution, a schedule of fees, charges and expenses and collection procedures for zoning permits, certificates of use and occupancy, special use permits, variances, appeals, amendments and other matters pertaining to this chapter. The schedule of fees shall be available for inspection in the office of the zoning administrator and may be altered or amended by the governing body by resolution. Until all application fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.

(Code 1968, § 29-98)

Prior to the initiation of an application for a special exception, special use permit, variance, rezoning or other land disturbing permit, including building permits and erosion and sediment control permits, or prior to the issuance of final approval, the authorizing body shall require the applicant to produce satisfactory evidence that any delinquent real estate taxes owed to the locality which have been properly assessed against the subject property have been paid.

(Ord. of 8-3-2010)

State Law reference— Permitted provisions in zoning ordinances; amendments; applicant to pay delinquent taxes; penalties, Code of Virginia, § 15.2-2286(b).

The regulations, restrictions and boundaries established in this chapter may, from time to time, be amended, supplemented, changed, modified or repealed by the governing body; provided, that:

(1)

The planning commission shall hold at least one public hearing on such proposed amendment, after notice as required by law, and may make appropriate changes in the proposed amendment to the governing body, together with its recommendations and appropriate explanatory materials. Such public hearing may be held jointly with the governing body at its public hearing.

(2)

Changes may be made by the governing body in this chapter or the zoning map only after such changes shall have been referred to the planning commission for its recommendations. Action shall be taken by the governing body only after a report has been received from the planning commission, unless a period of 90 days has elapsed after the date of referral to the commission, after which time it may be assumed that the commission has approved the change or amendment.

(3)

Before approving and adopting any amendment, the governing body shall hold at least one public hearing thereon, pursuant to public notice as required by Code of Virginia, § 15.1-431, after which the governing body may make appropriate changes or corrections in this chapter or the proposed amendment. In the case of a proposed amendment to the zoning map, such public notice shall state the general usage and density range of such proposed amendment and the general usage and density range, if any, set forth in the applicable part of the comprehensive plan. However, no land may be zoned to a more intensive use classification than was contained in the public notice without an additional public hearing after notice required by Code of Virginia, § 15.1-431. Such ordinances shall be enacted in the same manner as all other ordinances.

(4)

When a proposed amendment of this chapter involves a change in the zoning classification of 25 or less parcels of land, then, in addition to the advertising as above required, written notice shall be given by the local commission at least five days before the hearing to the owner or owners, their agent or the occupant, of each parcel involved, and to the owners, their agent or the occupant, of all abutting property and property immediately across the street or road from the property affected. Notice shall also be given to the owner, his agent or the occupant, of all abutting property and property immediately across the street from the property affected which lies in the county. Notice sent by registered or certified mail to the last known address of such owner as shown on the current real estate tax assessment books or current real estate tax assessment records shall be deemed adequate compliance with this requirement. If the hearing is continued, notice shall be remailed. Costs of any notice required under this chapter shall be taxed to the applicant.

(Code 1968, § 29-99)

State Law reference— Zoning ordinance may provide for amendments, Code of Virginia, § 15.1-491(g); preparation and adoption of zoning ordinance and map and amendments thereto, Code of Virginia, § 15.1-493.

(a)

A board of zoning appeals, consisting of five members, shall be appointed by the circuit court of the county. Members of the board may receive such compensation as may be authorized by the governing body. Members shall be removable for cause by the appointing authority upon written charges and after public hearing. Appointments for vacancies occurring otherwise than by expiration of term shall in all cases be for the unexpired term. Members of the board shall hold no other public office in the town; except, that one may be a member of the town planning commission.

(b)

The term of office shall be for five years; except, that of the first five members appointed, one shall serve for five years, one for four years, one for three years, one for two years and one for one year. One of the five appointed members may be an active member of the planning commission.

(c)

Any member of the board shall be disqualified to act upon a matter before the board with respect to property in which the member has a legal interest.

(d)

The board shall choose annually its own chairman and vice-chairman, who shall act in the absence of the chairman.

(Code 1968, § 29-100)

The board of zoning appeals shall have the following powers and duties:

(1)

To hear and decide appeals from any order, requirement, decision or determination made by an administrative officer in the administration or enforcement of this chapter.

(2)

To authorize upon appeal or original application in specific cases such variance as defined in Code of Virginia, § 15.1-430(p) from the terms of this chapter as will not be contrary to the public interest, when, owing to special conditions a literal enforcement of the provisions will result in unnecessary hardship; provided that the spirit of this chapter shall be observed and substantial justice done, as follows:

a.

When a property owner can show that his property was acquired in good faith and where by reason of the exceptional narrowness, shallowness, size or shape of a specific piece of property on June 2, 1987, or where by reason of exceptional topographic conditions or other extraordinary situation or condition of such piece of property, or of the condition, situation, or development of property immediately adjacent thereto, the strict application of the terms of this chapter would effectively prohibit or unreasonably restrict the utilization of the property or where the board is satisfied, upon the evidence heard by it, that the granting of such variance will alleviate a clearly demonstrable hardship approaching confiscation, as distinguished from a special privilege or convenience sought by the applicant, provided that all variances shall be in harmony with the intended spirit and purpose of this chapter.

b.

No such variance shall be authorized by the board unless it finds:

1.

That the strict application of this chapter would produce undue hardship.

2.

That such hardship is not shared generally by other properties in the same zoning district and the same vicinity.

3.

That the authorization of such variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance.

c.

No such variance shall be authorized except after notice and hearing as required by Code of Virginia, § 15.1-431.

d.

No variance shall be authorized unless the board finds that the condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to this chapter.

e.

In authorizing a variance the board may impose such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the public interest, and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with.

(3)

To hear and decide appeals from the decision of the zoning administrator. No such appeal shall be heard except after notice and hearing as provided by Code of Virginia, § 15.1-431.

(4)

To hear and decide applications for interpretation of the district map where there is any uncertainty as to the location of a district boundary. After notice to the owners of the property affected by any such question, and after public hearing with notice as required by Code of Virginia, § 15.1-431, the board may interpret the map in such way as to carry out the intent and purpose of this chapter for the particular section or district in question. The board shall not have the power to change substantially the locations of district boundaries as established by ordinance.

(5)

No provision of this section shall be construed as granting to the board the power to rezone property.

(Code 1968, § 29-101)

State Law reference— Powers and duties of board of zoning appeals, Code of Virginia, § 15.1-495.

(a)

The board of zoning appeals shall adopt such rules and regulations as it may consider necessary.

(b)

The meetings of the board shall be held at the call of its chairman or at such times as a quorum of the board may determine.

(c)

The chairman or, in his absence, the acting chairman may administer oaths and compel the attendance of witnesses.

(d)

The board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact. It shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

(e)

All meetings of the board shall be open to the public.

(f)

A quorum shall consist of at least three members.

(Code 1968, § 29-102(a)—(f))

An appeal to the board of zoning appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the town affected by any decision of the zoning administrator or from any order, requirement, decision or determination made by any other administrative officer in the administration or enforcement of this chapter. Such appeal shall be taken within 30 days after the decision appealed from by filing with the zoning administrator, and with the board, a notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the board that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order granted by the board or by a court of record, on application and on notice to the zoning administrator and for good cause shown.

(Code 1968, § 29-103)

State Law reference— Appeals to board, Code of Virginia, § 15.1-496.1.

(a)

The board of zoning appeals shall fix a reasonable time for the hearing of an application or appeal, give public notice thereof as well as due notice to the parties in interest and decide the same within 90 days of the filing of the application or appeal. In exercising its powers the board may reverse or affirm, wholly or partly, or may modify, an order, requirement, decision or determination appealed from. The concurring vote of a majority of the membership of the board shall be necessary to reverse any order, requirement, decision or determination of an administrative officer or to decide in favor of the applicant on any matter upon which it is required to pass under the ordinance or to effect any variance from the ordinance. The board shall keep minutes of its proceedings and other official actions which shall be filled in the office of the board and shall be public records. The chairman of the board, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All hearings shall be advertised in accordance with Code of Virginia, § 15.1-431.

(b)

The zoning administrator is authorized to grant a variance from any building setback requirement contained in the zoning ordinance if the administrator finds in writing that: (i) the strict application of the ordinance would produce undue hardship; (ii) such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and (iii) the authorization of the variance will not be of substantial detriment to adjacent property and the character of the zoning district will not be changed by the granting of the variance. Prior to the granting of a variance, the zoning administrator shall give, or require the applicant to give, all adjoining property owners written notice of the request for variance, and an opportunity to respond to the request within 21 days of the date of the notice. If any adjoining property owner objects to said request in writing within the time specified above, the request shall be transferred to the board of zoning appeals for decision.

The zoning administrator shall respond within 90 days of a request for a decision or determination on zoning matters within the scope of his authority unless the requester has agreed to a longer period.

(Code 1968, §§ 29-102(g), 29-104; Ord. of 1-4-2005)

State Law reference— Procedure on appeal, Code of Virginia, § 15.1-496.2; permitted provisions in zoning ordinances; amendments; applicant to pay delinquent taxes, § 15.2-2286.

(a)

Any person or persons jointly or severally aggrieved by any decision of the board of zoning appeals, or any taxpayer or any officer, department, board or bureau of the town, may present to the circuit court of the county a petition specifying the grounds on which aggrieved within 30 days after the filing of the decision in the office of the board.

(b)

Upon the presentation of such petition, the court shall allow a writ of certiorari to review the decision of the board of zoning appeals and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown, grant a restraining order.

(c)

The board of zoning appeals shall not be required to return the original papers acted upon by it but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

(d)

If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a commissioner to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

(e)

Costs shall not be allowed against the board, unless it shall appear to the court that it acted in bad faith or with malice in making the decision appealed from. If the decision of the board is affirmed and the court finds that the appeal was frivolous, the court may order the person who requested the issuance of the writ of certiorari to pay the costs incurred in making a return of the record pursuant to the writ of certiorari.

(Code 1968, § 29-105)

State Law reference— Certiorari to review decision of board, Code of Virginia, § 15.1-497.