[Added 2-21-1995]
A.
Purpose of this section. It is the general policy
of the Town, in accordance with the laws of the Commonwealth of Virginia,
to provide for the orderly development of land, for all purposes,
through zoning and other land development regulation. Frequently where
competing and incompatible uses conflict, traditional zoning methods
and procedures are inadequate. In these cases, more flexible and adaptable
zoning methods are needed to permit land uses and at the same time
to recognize effects of change. It is the purpose of this section
to provide a more flexible and adaptable zoning method to cope with
situations found in such zoning through conditional zoning, whereby
a zoning reclassification may be allowed subject to certain conditions
voluntarily proffered by the zoning applicant for the protection of
the community that is not applicable to land similarly zoned.
B.
Proffer of conditions. The owner or owners of property
making an application for a change in zoning or amendment to a zoning
map, as part of their application, may voluntarily proffer in writing
reasonable conditions which shall be in addition to the regulations
provided for in the zoning district or zone sought in the rezoning
application. The conditions shall be proffered as a part of the requested
rezoning or amendment to the Town's Zoning Map prior to a public hearing
before the Town Council. Proffers shall be signed by the owner of
the property and be approved as to form by the Town Attorney. Proffers
should be submitted before the Planning Commission considers the application
so that the proffer can be reviewed as part of the Planning Commission
recommendation. However, original proffers, additional proffers or
amended proffers may be offered at any time prior to the public hearing
before the Town Council. Town Council may, but is not required to,
refer any application back to the Planning Commission for additional
review and recommendations.
C.
Approval of conditions. The Town Council may approve
conditions proffered pursuant to this section provided that the following
criteria are met:
(1)
The rezoning itself must give rise to the need for
the conditions;
(2)
Such conditions shall have a reasonable relation to
the rezoning;
(3)
Such conditions shall not include a cash contribution
to the Town;
(4)
Such conditions shall not include mandatory dedication
of real or personal property for open spaces, parks, schools, fire
departments or other public facilities not otherwise provided for
in Subsection A5 of § 15.2-2241 et seq. of the Code of Virginia,
as amended;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(5)
Such conditions shall not include payment for off-site
or construction of off-site improvements except those provided for
in Subsection A4 of § 15.2-2241 et seq. of the Code of Virginia,
as amended;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(6)
No conditions shall be proffered that are not related
to the physical development of the property to be rezoned;
(7)
All such conditions shall be in conformity with the
Comprehensive Plan.
D.
Conditions to be indicated on map; conditional zoning
index. The Zoning Map shall show, by appropriate symbol on the map,
the existence of conditions attaching to the zoning on the map. The
Zoning Administrator shall keep in his office and make available for
public inspection a conditional zoning index. The index shall provide
ready access to the proffer creating the conditions in addition to
the regulations provided for in a particular district.
E.
Administration and enforcement of conditions. The
Zoning Administrator shall be vested with all necessary authority,
on behalf of the Town Council, to administer and enforce conditions
attached to a rezoning, including:
(1)
Ordering in writing compliance with such conditions;
(2)
Bringing of legal action to insure compliance;
(3)
Requiring a guarantee or contract, or both, for construction
of physical improvements required by conditions;
(4)
Denial of the issuance of any required use, occupancy
or building permits.
F.
Petition for review of decision. Any zoning applicant
who is aggrieved by a decision of the Zoning Administrator in the
administration of this section may petition the Town Council for review
of the decision pursuant to § 15.2-2301 of the Code of Virginia,
as amended.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[Added 5-16-1995]
A.
Objectives; exception from requirements.
(1)
Certain kinds of uses need to be reasonably controlled
by specific requirements that provide latitude for the owner but at
the same time maintain adequate provision for the security of the
health, safety, convenience, comfort, prosperity, or general welfare
of the community's inhabitants. In order to accomplish such a dual
objective, provision is made herein for a more detailed consideration
of each specially permitted use (also sometimes referred to as a “conditionally
permitted use” in other jurisdictions) as it relates to location,
design, size, method of operation, and intensity of land use which
in turn affect the volume of traffic generated and traffic movements,
the concentration of population and the kinds of public facilities
and services it requires. Land and structure uses possessing these
particularly unique characteristics are designated as specially permitted
uses and may be permitted through the issuance of a special use permit
which may impose conditions and safeguards attached as necessary for
the protection of the public welfare.
(2)
Any use, building or activity legally in existence
on the effective date of the ordinance from which this chapter derives
for which a building permit was issued prior to such effective date
shall not require a special use permit, so long as such existing use,
building or activity is not expanded or enlarged.
B.
C.
Contents of application.
(1)
Prior to approval of a special use permit, the Planning
Commission shall have reviewed and within 30 days recommended to the
Town Council, for its action, the following material supplied by the
applicant for a special use permit. The material shall include copies
of the plot plan drawn to scale in the quantity required by the various
Town offices, commissions or Council for review but shall be no less
than 13 copies containing the following basic data:
(a)
Total land area;
(b)
Print size, generally not to exceed 24 inches
by 36 inches;
(c)
Names and addresses of owners of record and
of the applicant;
(d)
Present zoning of the site;
(e)
Courses and distances of property lines and
site area;
(f)
North point with reference to source of meridian;
(g)
Highway setback lines;
(h)
Easements, covenants and reservations;
(i)
Rights-of-way.
(2)
The plot plan or plat shall show proposed construction
in the following detail, 13 copies minimum:
(a)
Sidewalks, streets and alleys;
(b)
Easements and utilities;
(c)
Applications for signs above 35 feet shall furnish
engineering data as to safety;
(d)
Public sewer system;
(e)
Driveway entrances and exits;
(f)
Parking areas;
(g)
Water mains and fire hydrants;
(h)
Distances between buildings;
(i)
Proposed grading and surface drainage;
(j)
Distances between buildings and lot lines;
(k)
Square feet of floor area;
(l)
Square footage of billboards;
(m)
Sign interference with other uses;
(n)
Any data that the Planning Commission deems
is needed.
D.
Statement of performance standards. For those uses
which may be classified as having a detrimental effect on the surrounding
area, applications shall include statements indicating certain performance
standards to control detrimental effects upon surrounding land use.
The performance standards shall, as a minimum, indicate the following:
E.
Issuance of special use permit.
(1)
Special use permits may be authorized upon finding
by the Town Council that the use will not be detrimental to the character
and development of the adjacent land and will be in harmony with the
purpose and intent of this chapter. The Town Council may place conditions
upon the granting of a special use permit.
(2)
No special use permit may be granted except after
notice and hearing as provided in § 15.2-2204 of the Code
of Virginia.
(3)
If the Town Council finds the use for which a special
use is sought is in accord with the following standards and other
appropriate zoning standards and practices, the Town Council may issue
the special use permit, provided that all other provisions of law
shall have been complied with:
(a)
The use shall not tend to change the character
and established pattern of development of the area of the community
in which it wishes to locate.
(b)
The use shall be in harmony with the uses permitted
by right under a zoning permit in the zoning districts and shall not
affect adversely the use of neighboring properties.
(c)
The location and height of buildings, the location,
nature and height of walls and fences, and the nature and extent of
landscaping on the site shall be such that the use will not hinder
or discourage the appropriate development and use of adjacent land
and buildings or impair the value thereof.
(d)
The use shall not adversely affect the health
or safety of persons residing or working in the neighborhood of the
proposed use.
(e)
The use shall not be detrimental to the public
welfare or injurious to property or improvements in the neighborhood.
(f)
The use shall be in accord with the purpose
of this chapter and the Comprehensive Plan for the Town.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(g)
The use, if a wet industrial use, can be adequately
and economically served by central water and sewer; in addition, that
such use in fact will be served by central water and sewer and that
the use will not be contrary to both Town and regional water and sewer
goals.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(4)
In granting any use permit, the Town Council shall
designate such conditions in connection therewith as will, in its
opinion, ensure that the use will conform to the requirements set
out in this section and that it will continue to do so. Such conditions
may include, but are not limited to, the following:
(a)
Abatement or restriction of noise, smoke, dust,
or other elements that may affect surrounding properties;
(b)
Establishment of setbacks and side, front and
rear yard requirements necessary for orderly expansion and to prevent
traffic congestion;
(c)
Provision for adequate parking and ingress and
egress to public streets and roads;
(d)
Provision of buffer or shield from view of the
proposed use for adjoining property if deemed necessary.
F.
Acceptance of approved special use permit. Once approved
by the Town Council, the applicant shall have 60 days in which to
accept the approved special use permit. Failure to accept the special
use permit in writing within the 60 days shall render it null and
void and of no effect. The 60 days shall commence from the date the
Town Council approves the minutes of the meeting at which the special
use permit was approved. Reapplication shall not be permitted until
after the passage of one year's time (12 months).
G.
Denial of special use permit and reapplication. In
the event that the Town Council shall deny the requested special use
permit, reapplication shall not be permitted until after the passage
of one year's time (12 months) from the date of adoption of the motion
denying the special use permit request.
H.
Simultaneous application for amendment and special
use permit. If an application for a special use permit is contingent
upon the granting by the Town Council of a pending rezoning or amendment
to zoning district regulations, such denial shall be considered a
denial of the special use permit application and no further proceedings
concerning the special use permit application shall be necessary or
required.
I.
Additional developmental standards for adult business.
In addition to all other requirements, any adult business shall conform
to the following requirements:
[Added 1-15-2008]
(1)
The business shall be located at least 1,000 feet
away from any residential zoning district, and at least 1,000 feet
from the property line of any land used for any of the following:
(a)
A residence.
(b)
A nursing home, assisted-living facility, or
similar institution.
(c)
An adult day-care center.
(d)
A child day-care center.
(e)
A public or private school, college or university.
(f)
A public park.
(g)
A public library, museum or cultural center.
(h)
A church or other place of worship.
(i)
A hotel, motel or boardinghouse.
(j)
Any other adult business.
(2)
Adult merchandise shall not be visible from any point
outside the establishment.
(3)
Signs or attention-getting devices for the business shall not contain any words or graphics depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in § 165-5.
(4)
The business shall not begin service to the public
or any outside activity before 6:00 a.m. Hours of operation for any
adult movie theater, adult nightclub or other business providing adult
entertainment shall not extend after 2:00 a.m. Hours of operation
for any adult bookstore, adult video store, adult model studio, adult
store or any other adult business except an adult motel shall not
extend after 12:00 midnight.
(5)
In any adult business other than an adult motel or adult movie theater, there shall be no viewing of videotapes, computer disks, CD-ROMs, DVD-ROMs, virtual-reality devices, Internet sites or files transmitted over the Internet, or similar media characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in § 165-5, while on the premises.
(6)
Adult merchandise shall be located in a separate room
or other area inaccessible to persons under 18 years of age.
(7)
All owners, managers, employees and entertainers shall
be at least 18 years of age.
(8)
The owner or operator shall provide adequate lighting
for all entrances, exits and parking areas serving the adult business,
and all areas of the establishment where the adult business is conducted,
except for the private rooms of an adult motel or the movie viewing
areas in an adult movie theater. "Adequate lighting" means sufficient
lighting for clear visual and security camera surveillance.
[Added 8-21-2001]
Notwithstanding any other provision of this
chapter, the Zoning Administrator shall have the authority, as qualified
below, to approve a reduction in the minimum yard requirements (setback
requirements) in the case of any building existing or partially constructed
which does not comply with such requirements applicable at the time
such building was erected. Such a reduction may be approved by the
Zoning Administrator, in writing, in accordance with the following
provisions:
A.
The Zoning Administrator determines that:
(1)
The error does not exceed 10% of the measurement that
is involved; and
(2)
The noncompliance was done in good faith, or through
no fault of the property owner, or was a result of an error in the
location of the building subsequent to the issuance of a building
permit, if such was required; and
(3)
Such reduction will not impair the purpose and intent
of this chapter; and
(4)
It will not be detrimental to the use and enjoyment
of other property in the immediate vicinity; and
(5)
It will not create an unsafe condition with respect
to both other property and public streets; and
(6)
To force compliance with the minimum yard requirements
(setback requirements) would cause unreasonable hardship upon the
owner; and
(7)
The reduction will not result in an increase in density
or floor area ratio from that permitted by the applicable zoning district
regulations.
B.
In approving such a reduction under the provisions
of this section, the Zoning Administrator shall allow only a reduction
necessary to provide reasonable relief and, as deemed advisable, may
prescribe such conditions, to include landscaping and screening measures
to assure compliance with the intent of this chapter.
C.
Upon the approval of a reduction for a particular
building in accordance with the provisions of this section, the same
shall be deemed to be a lawful building.
D.
Upon the approval of a reduction for a particular
building in accordance with the provisions of this section, the Zoning
Administrator shall provide notification to all adjacent landowners
of said action.
[Added 5-22-2018]
A.
Pursuant to Code of Virginia, § 15.2-2286, Subsection A(4),
the Zoning Administrator may grant a modification from provisions
contained in this chapter with respect to physical requirements on
a lot or parcel of land, including, but not limited to, size, height,
location or features of or related to any building, structure or improvements
upon finding, in writing, all of the following:
(1)
The strict application of the chapter would produce undue hardship;
(2)
Such hardship is not shared generally by other properties in
the same zoning district and the same vicinity; and
(3)
The authorization of the modification 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 modification.
B.
Prior to the granting of a modification, the Zoning Administrator
shall give all adjoining property owners written notice of the request
for modification, and an opportunity to respond to the request within
21 days of the date of the notice. Notice shall be sent by first class
mail and an affidavit of such mailing shall be kept in the file.
C.
The Zoning Administrator shall make a decision on the application
for modification and issue a written decision with a copy provided
to the applicant and any adjoining landowner who responded, in writing,
to the notice sent pursuant to this subsection.
