All departments, officials and public employees of this jurisdiction who 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.
A. 
Required. Buildings or structures shall be started, repaired, reconstructed, enlarged or altered only after a zoning permit has been obtained from the Zoning Administrator.
B. 
Review by Planning Commission. The Zoning Administrator may request a review by the Planning Commission of a request for a zoning permit prior to the issuance of such zoning permit, in order to determine if the contemplated use is in accordance with the district for which the permit will apply.
C. 
Application; fee; scale drawing. Each application for a zoning permit shall be accompanied by a fee established by City Council and by three copies of a scale drawing which shall show the size and shape of the parcel of land on which the proposed building is to be constructed, the location of any rights-of-way of any street or highway adjoining such parcel of land, the location of any required building lines, the exact sizes and locations on the lot of the structures and accessory structures then existing, the lines within which the proposed building or structure shall be erected, the existing and intended use of each structure or part thereof, and such other information, with regard to the lot and neighboring lots, as may be necessary to determine and provide for the enforcement of this chapter.
D. 
Issuance. If the proposed building or use is in conformity with the provisions of this chapter, a permit shall be issued to the applicant by the Zoning Administrator. One copy of the drawing shall be returned to the applicant with the permit.
A. 
Procedure for incentive zoning.
(1) 
Any prospective developer shall negotiate the terms of an incentive zoning agreement with the Zoning Administrator. The Zoning Administrator shall record the outcome of these negotiations, in writing, and present this proposal, along with any supporting documents, to the Planning Commission in order to secure its recommendation.
(2) 
The Planning Commission may amend the terms presented in the proposal as it sees fit, and shall recommend the proposal (along with any amendments to it) to the City Council by a majority vote of those present and voting at a duly called and noticed meeting. The Planning Commission shall have 30 days from the date that it receives an incentive zoning proposal from the Zoning Administrator to recommend or reject it. If the Planning Commission fails to act, the proposal shall be deemed recommended and transmitted to the City Council for action.
(3) 
If a proposal is recommended or deemed recommended, the City Council shall either approve or reject the proposal as written by a majority vote of Council members present and voting at a meeting of the City Council that has been duly called and noticed.
B. 
Notice and public hearing requirement. The Planning Commission shall not recommend nor shall the City Council adopt any proposal under this section unless it complies with the notice and public hearing requirements of § 420-2.7.
C. 
Enforcement upon approval by City Council. The Zoning Administrator shall be vested with all necessary authority on behalf of the City to administer and enforce any incentive zoning proposal approved by the City Council.
Pursuant to Code of Virginia, § 15.2-2286(A)(8), no building permit shall be issued involving construction or exterior modifications to a building until a site plan has been issued in accordance with Article II. Site plans are required and shall be submitted for all new structures, all renovated structures and all additions to existing structures, with the following exceptions:
A. 
Single-family dwellings.
B. 
Two-family dwellings.
For relatively minor developments, requirements of this subsection may be waived by the Zoning Administrator or his authorized agent provided that the intent of this chapter may not be circumvented. Otherwise, every site plan prepared as hereinafter provided and submitted in accordance with this article shall contain the following information:
A. 
A boundary survey of the tract.
B. 
A certificate, signed by the surveyor or engineer, setting forth the source of title of the owner of the tract and the place of record of the last instrument in the chain of title.
C. 
All existing and proposed streets and easements, their names, numbers and widths, existing and proposed utilities, owners, zoning and present use of adjoining property.
D. 
Location, type and size of vehicular entrances to the site.
E. 
Locations, types, sizes and heights of fencing, retaining walls and screen planting where required.
F. 
All off-street parking, loading spaces and walkways, indicating type of surfacing, size, angle of stalls, width of aisles and a specific schedule showing the number of parking spaces provided and the number required in accordance with Article XII.
G. 
Number of floors, floor area, height and location of each building and proposed general use for each building. If a multifamily residential building, the number, size and type of dwelling units.
H. 
All existing and proposed water and sanitary sewer facilities, indicating all pipe sizes, types and grades and where connection is to be made.
I. 
Provisions for the adequate disposition of natural and stormwater, indicating locations, sizes, types and grades of ditches, catch basins and pipes and connections to existing drainage system.
J. 
Existing topography, with a maximum of two-foot contour intervals. Where existing ground is on a slope of less than 2%, either one-foot contours or spot elevations where necessary, but not more than 50 feet apart in both directions.
K. 
Proposed finished grading by contours, supplemented where necessary by spot elevations.
L. 
A landscape plan if requested by the Zoning Administrator, his authorized agent or the Planning Commission.
A. 
Site plans, or any portion thereof, involving engineering, architecture, landscape architecture or land surveying shall be prepared and certified respectively by an engineer, architect, landscape architect or land surveyor duly authorized by the state to practice as such.
B. 
Site plans shall be prepared on a scale of one inch equals 50 feet or larger.
C. 
A clear, legible, blue or black line copy of the site plan shall be submitted to the Zoning Administrator. The Zoning Administrator shall be responsible for checking the site plan for general completeness and compliance with such administrative requirements as may be established prior to routing copies thereof for review.
All site plans which are appropriately submitted and which conform to the standards and requirements set forth in this article shall be forwarded to the Planning Commission for approval. In compliance with Code of Virginia § 15.2-2261, an approved final site plan shall be valid for a period of not less than five years from the date of approval.
A. 
Public notice.
[Amended 3-21-2019 by Ord. No. 2019-04; 7-1-2021 by Ord. No. 2021-05]
(1) 
Planning staff shall give written notice to those persons who own property, any portion of which abuts the subject property, and all property which is across the street from any portion of the subject property as determined by the City's real property tax records. This notice shall give the date, time and place of the Planning Commission meeting at which the site plan is being reviewed, identify the property which is the subject of the application and give a brief description of the proposed action. This notice shall be mailed a minimum of 10 days prior to the date of the meeting of the Planning Commission at which the site plan is first considered. The list of property owners and the contents of the notice shall be approved by the Zoning Administrator prior to mailing.
(2) 
Planning staff shall also place a sign provided by the City on the subject property which indicates that this action is pending. This sign shall be located to be clearly visible from the street.
B. 
Pursuant to Code of Virginia, § 15.2-2259, the site plan shall be approved within 60 days after it has been officially submitted for approval if it is found to be adequate with respect to:
(1) 
Locations and design of vehicular entrances and exits in relation to streets giving access to the site and in relation to pedestrian traffic.
(2) 
Locations and adequacy of automobile parking areas.
(3) 
Adequate provision for traffic circulation and control within the site and provision for access to adjoining property.
(4) 
Compliance with the requirements for setback and screening.
(5) 
Adequacy of drainage, water supply, fire protection and sanitary sewer facilities.
(6) 
Compliance with applicable established design criteria, construction standards and specifications for all improvements.
(7) 
Approval by the City Health Officer or his agents if septic tank and other sewage disposal facilities other than sanitary sewers are involved.
(8) 
Adequacy of proposed landscaping for softening the harsh visual effects of parking lots and for providing screening between the development and the street and surrounding lots.
C. 
Approval of a site plan submitted under the provisions of this article shall expire five years after the date of such approval unless building permits have been obtained for construction in accordance therewith.
D. 
No permit shall be issued for any structure in any area covered by the site plan that is required under the provisions of this article except in conformity with such site plan which has been duly approved.
A. 
As a condition to the approval of a final site plan, the owner or developer shall be required to guarantee completion of the public and other site-related improvements associated with the development prior to approval of the final plat.
B. 
The following performance guarantees shall be required as applicable to the site:
(1) 
Any street, curb, gutter, sidewalk, bicycle trail, drainage or sewerage system, waterline or any improvements dedicated for public use;
(2) 
Erosion and sediment control measures and stormwater management facilities;
(3) 
Any privately owned site-related improvements, including, but not limited to, fencing, landscaping, buffering, internal sidewalks, lighting, and paving as required by this chapter but not completed prior to issuance of a certificate of occupancy.
(4) 
Other site-related improvements required by local or state ordinance.
C. 
Performance guarantees shall only include the cost of any facility or improvement shown or described on the approved plat or plan of the project for which such guarantee is being furnished.
D. 
The required guarantee shall be provided in an amount equivalent to the total estimated cost of construction based on unit prices for new public or private sector construction in the City. The owner or developer shall submit a written itemized estimate of the total cost of construction, certified by a professional as being accurate, as part of the development application and subject to City approval.
E. 
The following forms of guarantees may be used to satisfy the requirements of this section. The owner or developer may furnish to the City, subject to the approval of the Zoning Administrator:
(1) 
A certified check or cash escrow in the amount of the estimated costs of construction;
(2) 
A personal, corporate or property bond with surety in an amount sufficient for the construction of the proposed facilities, or a contract for the construction of such facilities and the contractor's bond, with like surety, in like amount;
(3) 
A bank or saving institution's letter of credit on certain designated fund.
F. 
All performance guarantees shall provide that such bond, letter of credit, or other agreement shall not be terminated, canceled, or modified without at least 30 days' prior written notice by certified mail to the Administrator.
G. 
All performance guarantees shall provide for the completion of construction of all facilities within a time determined by the Administrator.
H. 
Extensions of time. If guaranteed facilities are not completed in a timely manner acceptable to the City, the Administrator may proceed via the provisions for default, below, or grant an extension of time for the completion of facilities, not to exceed one year provided:
(1) 
All surety consents have been acquired and approved by the City;
(2) 
The owner has submitted an acceptable schedule for completion; and
(3) 
Inspection of existing physical improvements is found to be satisfactory.
I. 
Partial release of performance guarantee.
(1) 
Upon completion of at least 30% of the improvements covered by a performance guarantee, the applicant may file a written request for partial release of such guarantee.
(2) 
The Administrator shall act upon each written request for a periodic partial release within 30 days of receipt. The Administrator may inspect the facilities for conformance to the terms and conditions of the approved plan and specification for the facility.
(3) 
If no action is taken by the Administrator during the thirty-day period, the request for partial release shall be deemed approved.
(4) 
The Administrator shall have the authority to require that each request be accompanied by the certification of a professional licensed to make such determination that the required improvements are partially or finally completed in accordance with the approved plans and specifications.
J. 
Final release of performance guarantee.
(1) 
Upon final completion of the facilities, the applicant may file a written request for final release of the performance guarantee. The Administrator may inspect the facilities for conformance with the terms and conditions of the approved plan and specifications for the facilities subject to the performance guarantee.
(2) 
Landscaping performance guarantees. Once 90% of the landscaping has been installed, inspected and approved by the Administrator, 90% of the performance guarantee shall be released. The remaining 10% shall be held in escrow for a minimum of two years. The final 10% shall be released at the end of the two-year period upon inspection and approval by the Administrator.
(3) 
Within 30 days of the receipt of the written request, the Administrator shall either accept the request and release the remaining guarantee or notify the applicant of specific defects or deficiencies and suggest corrective measures.
(4) 
If the Administrator fails to act within the thirty-day period, the applicant may make an additional request, in writing, for final release, sent by certified mail to the City Manager. The City Manager shall act within 10 working days of receipt of this request. If no action is taken, the request shall be deemed approved and the final release granted to the applicant.
(5) 
Final release of any performance guarantee for public facilities shall not occur prior to receipt of as-built plans demonstrating compliance with all City requirements.
(6) 
The Administrator shall have the authority to require the request be accompanied by the certification of a professional licensed to make such determination that the required improvements are partially or finally completed in accordance with the approved plans and specifications.
K. 
Default. In the event of default in the construction of guaranteed facilities, the Administrator is authorized to take such actions as may be required to protect the City and the public, including, but not limited to:
(1) 
Require recalculation and reassessment of security;
(2) 
Draw or make demand on the owner or developer's security;
(3) 
Contract for the completion of the work;
(4) 
Enter the property for purposes of completing the work; and
(5) 
Bring an action at law against the owner, developer, or surety.
L. 
Whenever a performance guarantee is required by the terms of conditional rezoning, the Administrator shall employ the procedures provided in this section to establish the amount and form of the guarantee in accordance with this section.
M. 
As-built plan requirements.
(1) 
All entities who construct public water or sewer lines, storm drainage systems, bike paths, sidewalks, trails or streets must submit an "as-built" set of construction drawings for approval as a part of the City's acceptance process.
(2) 
Entities constructing any stormwater management facilities must submit a set of "as-built" construction drawings.
(3) 
The initial submittal shall be three sets of "red-lined" marked up prints which should be delivered to City Hall. The submittal shall also include recorded copies of any public easements associated with the project.
(4) 
The as-built drawings shall clearly show any changes or variations from the approved design. Horizontal variations greater than one foot should be shown dimensionally. Vertical elevation variations greater than two feet shall be provided for all shown design elevations. A benchmark elevation and benchmark description and location shall be provided on each plan sheet.
(5) 
As-builts for a stormwater management facility shall also include the following:
(a) 
Length, width, slope information and depth or contours (one-foot intervals) of the pond area along with a verification of the original design volume.
(b) 
A benchmark on the riser, inlet headwall, or other approved location.
(c) 
Revised design computations verifying the functionality of the facility. Computations shall be submitted, along with an additional paper copy of the as-built plans.
(d) 
The grading/storage volumes must be approved by the Administrator prior to landscaping/planting. All plantings must be added to the as-built plans after plant installation. As-built plans will not be approved without required plantings. If as-built data shows that the constructed facility varies from the original design storage elevations by greater than or equal to 1%, the variations will have to be corrected (regraded) prior to submission for review unless storage is verified. All constructed features not previously approved on the original construction drawings will need to be modified to adhere to the approved plans or be approved after the fact.
(e) 
All as-built information shall be blocked in and shown on the original construction drawings.
(f) 
The as-built shall be signed and sealed by a professional licensed to make such certification.
(6) 
Once the City has determined that the as-built information is satisfactorily shown, the design professional will be notified to submit plans for as-built approval. The as-built information shall preferably be shown on the original construction drawings (i.e., the original plans with the permit approval stamp and design professional seal). Placing as-built information upon a scanned image or other reproduction of the original construction drawings may be acceptable so long as the quality, integrity, and legibility of the original drawings are substantially preserved without undue compromise. The as-built plat set shall be submitted for signature and shall contain the same red-lined information as approved in the as-built review. A final, signed digital as-built submission shall be submitted along with one hard copy.
A. 
Any site plan may be revised in the same manner as originally approved.
B. 
Any interest in streets, alleys, easements for public rights of passage, easements for drainage, and easements for a public utility granted to a locality as a condition of the approval of a site plan may be vacated according to either of two methods described in § 15.2-2270.
A. 
Land may be used or occupied and buildings structurally altered or erected may be used or changed in use only after a certificate of occupancy has been issued by the Administrator. Such a permit shall state that the building or the proposed use of land complies with the provisions of this chapter. A similar certificate shall be issued for the purpose of maintaining, reviewing, changing or extending a nonconforming use.
B. 
No such occupancy, use, or change in use shall take place until a certificate of occupancy has been issued by the Zoning Administrator. Such certificate shall certify that the building or the proposed use, or the use of the land, complies with the provisions of this chapter. Upon application of the owner or an authorized agent, the Zoning Administrator shall issue the certificate of zoning compliance for any building, structure or lot; provided, that the Administrator finds such building, structure or lot is in conformity with all applicable provisions of this chapter, and all other applicable City laws.
C. 
The City shall issue or deny any application for a certificate of occupancy within seven days of an application being filed. If denied, the City shall advise the owner or owner's agent the reasons for the denial, and the specific actions required on the part of the owner before the certificate of occupancy can be issued.
Any person aggrieved by any decision of the Zoning Administrator may, within 30 days of such decision, appeal to the City Board of Zoning Appeals. Any applicant or adjoining property owner who is aggrieved by the decision of the Board of Zoning Appeals may appeal to and have a determination made by the Circuit Court.