[Amended 5-23-2017 by Ord. No. 17-13]
A. Purpose and applicability. A zoning permit is a written order, requirement,
decision, or determination regarding the permissibility of a specific
use or density of property, or regarding the compliance of specific
land, buildings, structures, or the uses and development thereof with
the requirements of the City's zoning regulations. Prior to establishing,
expanding, altering, or otherwise changing (i) the use of property,
or (ii) the physical characteristics of a lot or parcel of land, including,
without limitation, the size, height, location or features of or related
to an existing or proposed building, structure, or improvements, a
property owner shall obtain a zoning permit from the Zoning Administrator.
B. Process.
[Amended 10-24-2017 by Ord. No. 17-27]
(1)
Upon the official submission of an application for a permit,
the Zoning Administrator shall approve, approve subject to conditions,
or disapprove the application, based on its compliance with the requirements
of this chapter.
(2)
The Zoning Administrator shall act on a zoning permit application
without public notice, except as set forth within Code of Virginia,
§ 15.2-2204(H).
(3)
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,
but the Zoning Administrator shall respond within 60 days of an application
for the co-location of one or more small cell facilities. The Zoning
Administrator may extend the sixty-day period in writing for a period
not to exceed an additional 30 days.
(4)
Every decision of the Zoning Administrator approving, approving
with conditions, or denying an accepted application for a zoning permit
shall be in writing. A denial shall state the reasons therefor.
(5)
The Zoning Administrator shall deliver to the applicant, by
first class mail or other means acceptable to the applicant, every
written decision. A copy of the written decision shall also be provided
to any persons who received notice of the application.
(6)
Unless a different provision applies, the written decision shall
include a statement informing the recipient that he or she may have
a right to appeal the decision within 30 days in accordance with Code
of Virginia, § 15.2-2311, and that the decision shall be
final and unappealable if not appealed within 30 days. The decision
shall state the applicable appeal fee and a reference to where additional
information may be obtained regarding the filing of an appeal.