Except for fences, flag poles, mail and newspaper boxes, hunting blinds, dog pens and other noncommercial animal containment facilities (except those addressed in §
175-15.16 which shall obtain a zoning clearance) and television and radio receiving antennas, it shall be unlawful to use land or structures or to alter or erect structures until a zoning permit (clearance) is obtained from the Zoning Administrator. If an activity requires a building permit, the Zoning Administrator shall review the application for the zoning clearance and approve such application before building permits are issued. Where site plan review is required, the application for zoning clearance may be incorporated into the application for site plan review, in which case the requirements for site plan review, in Article 17 herein shall apply. The intent of the zoning clearance is to show that land, structures, and uses of land and structures are in conformity with the provisions of this chapter and any other lawfully adopted statutes, rules, regulations, or ordinances.
The application for a zoning permit shall be signed by the owner
or applicant attesting to the truth and exactness of all information
supplied on the application. Each application shall clearly state
that the permit shall expire if a building permit has not been acquired
for the work described in the zoning permit within one year from the
date of issuance thereof. At a minimum, the application shall contain
the following information:
A. Name, address, and telephone number of applicant and owner;
B. Legal description of property;
F. Plans in triplicate drawn to scale, showing the dimensions and the
shape of the lot to be built upon; the size and location of existing
buildings on the lot, if any; and the location and dimension of the
proposed building(s) or alteration;
(1)
A setback verification survey prepared by a Virginia licensed
surveyor is required whenever any building or addition is being constructed
within a Resource Protection Area (RPA) or within 10 feet of any front,
rear, side or corner side setback; RPA boundary line; or tidal or
non-tidal wetland. Setback compliance must be certified by the surveyor
before an approved foundation (footing) inspection will be granted.
The setback verification survey may be waived by the Administrator
if either an improvements survey or other means of accurately determining
setback compliance exists.
H. Number of off-street parking spaces or loading berths;
I. Number of dwelling units;
J. Such other matters as may be necessary to determine conformance with
and provide for the enforcement of this chapter; and
K. A fee as established by the governing body.
Within 30 days after the receipt of an application, the Administrator
shall either approve or disapprove the application in conformance
with the provisions of this chapter. Zoning clearances incorporated
into building permits and/or site plan review procedures shall expire
in the same manner as building permit and/or site plan approval. Zoning
clearances incorporated into site plan submittal shall be approved
or disapproved under the same time frame as set forth for approval
or disapproval of site plans in Article 17. All zoning permits shall,
however, be conditional upon the commencement of work within one year.
The original plans shall be retained by the Administrator after he
shall have marked such plans either approved or disapproved and attested
to same by his signature. One copy of the plans similarly marked shall
be returned to the applicant by the Administrator. A second copy of
the plans similarly marked shall be forwarded to the Building Official
by the applicant.
If a building permit has not been acquired for the work described
in any zoning permit within one year from the date of issuance thereof,
said zoning permit shall expire.
Buildings or land may be used or occupied and buildings structurally
altered or newly erected may be used or changed in use only after
a certificate of occupancy, approved by the Administrator, has been
issued by the Building Official. Such permit shall state that the
building or the proposed use or the use of the land complies with
the provisions of this chapter.
Building and zoning permits or certificates of occupancy issued
on the basis of plans and applications approved by the Administrator
and Building Official authorize only the use, arrangement, and construction
set forth in such approved plans and applications, and no other use,
arrangement, or construction. Use, arrangement, or construction at
variance with that authorized shall be deemed violation of this chapter
and punishable accordingly.
[Amended 10-25-2022]
All departments, officials, and public employees of this jurisdiction
which are vested with the duty or authority to issue permits or licenses
shall conform to the provisions of this chapter. They shall issue
permits for uses, buildings, or purposes only when they are in harmony
with the provisions of this chapter. Any such permit, if issued in
conflict with the provisions of this chapter, shall be null and void.
The governing body shall establish by resolution a schedule
of fees, charges, expenses, and required materials, and a collection
procedure for building permits, certificates of occupancy, appeals,
and other matters pertaining to this chapter. The schedule of fees
which is adopted by reference and declared to be a part of the ordinance
shall be posted in the offices of the Administrator and may be altered
or amended only by the governing body. Sufficient fees shall be collected
to cover the cost of making inspections, issuing permits, advertising
of notices, and other expenses incident to the administration of this
chapter. Until all applicable fees, charges, and expenses have been
paid in full and all required material has been submitted, no action
shall be taken on any application or appeal and required time limitations
for review and consideration of such application or appeal shall not
commence until receipt of all applicable fees and materials.