A.
Land shall be used or occupied and buildings or structures shall
be started, reconstructed, enlarged or altered only after a zoning
permit has been obtained from the Zoning Administrator.
B.
The Commission may request a review of the zoning permit approved
by the Zoning Administrator in order to determine if the contemplated
use is in accordance with the district in which the construction lies.
C.
Each application for a zoning permit shall be accompanied by three
copies of a scale drawing. The drawing shall show the size and shape
of the parcel of land on which the proposed building is to be constructed,
the nature of the proposed use of the building or land and the location
of such building or use with respect to the property lines of said
parcel of land and to the right-of-way of any street or highway adjoining
said parcel of land. Any other information which the Zoning Administrator
may deem necessary for consideration of the application may be required.
In addition, the applicant must produce proof that the structure or
use has been approved by all authorities having jurisdiction, including
but not limited to the Highway Department, the Health Department and
the Wetlands Commission.
At the discretion of the Zoning Administrator, land may be used
or occupied or buildings may be used or occupied only after a certificate
of zoning compliance has been issued by the Zoning Administrator and/or
the County Building Inspector. Such a certificate shall state that
the building or the proposed activity or the use of the land complies
with the provisions of this chapter.
A.
Where permitted by this chapter, in addition to the zoning permit
and certificate of zoning compliance, a conditional use permit is
required. These permits may be approved or denied by the governing
body and shall be subject to such conditions as the governing body
deems necessary to carry out the intent of this chapter. The governing
body may delegate to the Planning Commission the authority to set
conditions.
B.
In determining conditions to be imposed, the governing body shall
take into consideration the intent of this chapter and may impose
reasonable conditions that:
(1)
Abate or restrict noise, smoke, dust or other elements that
may affect surrounding property.
(2)
Establish setback, side and front yard requirements necessary
for orderly expansion and to prevent traffic congestion.
(3)
Provide for adequate parking and ingress and egress to public
streets or roads.
(4)
Provide adjoining property with a buffer or shield from view
of the proposed use if such use is considered to be detrimental to
the adjoining property.
(5)
Tend to prevent such use from changing the character and established
pattern of development of the community.
C.
Unless as otherwise specified by the governing body, a conditional
use permit shall be issued for a period not to exceed one year. If
the permittee has not completed the approved request within the stated
time period, extensions may or may not be granted by the governing
body.
D.
In addition to any other remedies provided by law, the Zoning Administrator
or designee, upon his/her determination that one or more of the conditions
set forth in the conditional use permit have been violated, may issue
a cease and desist order. Said order shall require the owner/operator
to immediately cease operation thereunder and shall be mailed to the
owner and operator and posted on the front door of the property. The
order shall advise that the permitted activity may not be restarted
until the violations are corrected within the specified time period
as verified by the Zoning Administrator, and, if not corrected, a
hearing will be held by the Board of Supervisors on the earliest regular
meeting date that complies with the advertisement requirements of
§ 15.2-2204 of the Code of Virginia, to determine whether the
permit should be revoked.
[Added 9-12-2013]
Building permits, zoning permits or certificates of zoning compliance issued on the basis of plans and applications approved by the Zoning Administrator authorize only the use, arrangement and construction set forth in such approval plans and applications and no other use, arrangement or construction. Use, arrangement or construction at variance with that authority shall be deemed a violation of this chapter and punishable as provided by § 148-177 hereof.
If, in any district established under this chapter, a use is
not specifically permitted and an application is made by a property
owner to the Zoning Administrator for such use, the Zoning Administrator
shall refer the application to the Commission, which shall make its
recommendations to the governing body within 30 days. If the recommendation
of the Commission is approved by the governing body, this chapter
shall be amended to list the use as a permitted or conditional use
in that district, henceforth, and both the Commission and the governing
body shall hold a public hearing after advertising in accordance with
§ 15.2-2204 of the Code of Virginia.
