A.
Enforcement, Zoning Administrator. This chapter shall be administered and enforced by an officer to be known as the "Zoning Administrator" who shall be appointed by the Board of Supervisors of Warren County, Virginia. The Zoning Administrator shall have all necessary authority on behalf of the governing body to administer and enforce this chapter, including the ordering in writing of the remedying of any condition found in violation of this chapter and the bringing of legal action to ensure compliance with this chapter, including injunction, abatement or other appropriate action or proceeding. The Zoning Administrator shall be guided in all actions pursuant to this chapter by the purposes, intent and spirit of this chapter and the standards set forth in Article I. The Zoning Administrator may be assisted in the enforcement of this chapter by the Health Officer, Sheriff and all other officials of Warren County, Virginia, pursuant to their respective fields.
B.
The duties of the Administrator shall be as follows:
(1)
Receive applications for variance permits under the provisions of § 180-62, arrange for their publication as required and place such applications on the Board of Zoning Appeals agenda for public hearing.
(2)
Serve as secretary to the Board of Zoning Appeals
and be responsible for preparing minutes of its meetings under the
Board of Zoning Appeals' direction.
(3)
Receive and process applications for conditional use permits or rezonings pursuant to § 180-63 and present such applications to the Planning Commission, together with recommendations, with or without conditions and reasons for such recommendations.
(4)
Review applications for building permits to ensure
their compliance with this chapter.
(5)
Perform such other duties as may be required by other
provisions of this chapter, Board of Zoning Appeals, Planning Commission
or the governing body. (6-26-73, Sec. 8-2; 4-15-77.)
C.
Enforcement of Board of Zoning Appeals decisions.
It shall be the duty of the Zoning Administrator to see that the decisions
of the Board of Zoning Appeals (BZA) are enforced.
D.
Enforcement of minimum requirements. In enforcing the minimum requirements within zoning districts, the Zoning Administrator shall investigate any alleged violation, and, if it is determined that a violation does exist, the Zoning Administrator shall notify the person permitting or committing the violation to cease and/or correct such violation. Such notice shall be in writing and sent by registered mail to, or posted at, the last known address of the property owner or its registered agent, if any. If the violation has not ceased within a reasonable time as specified in the notice, the Zoning Administrator shall initiate such legal action as may be necessary to terminate the violation. If the person responsible for the alleged violation denies that a violation exists, the violator may appeal the decision of the Zoning Administrator to the BZA pursuant to the provisions of Article VII on forms provided by the Zoning Administrator for that purpose.
[Amended 11-21-1995; 9-19-2017]
E.
Determination
letters. When an applicant requests a written determination from the
Zoning Administrator that is subject to appeal to the BZA, and the
applicant is not the owner or agent of the owner of the real property
subject to the written determination, written notice shall be given
to the owner of the property within 10 days of the request.
[Added 9-20-2011]
[Amended 11-15-2005; 10-21-2008]
Whenever the public necessity, convenience or
general welfare requires, the Board of Supervisors may amend or supplement
the regulations in this chapter or the zoning boundaries or classification
of property on the Zoning Map. Such changes shall conform to the provisions
of Article 7 of Chapter 22 of Title 15.2 of the Code of Virginia 1950,
as amended, and the provisions and purposes of this article.
A.
Initiation of amendments. Proceedings for any amendment
shall be initiated only in the following manner:
(1)
Property owner petition. By the filing of a petition
with the Zoning Administrator, any owner or owners of land, contract
purchaser with owner's written consent or the owner's agent may initiate
a proposition to amend or rezone. Such petition shall be addressed
to the Board of Supervisors and shall be completed on a standard form
provided by the Zoning Administrator, along with such accompanying
documentation as may be required and accompanied by a reasonable fee
to be determined in accordance with a fee schedule separately adopted
by the Board of Supervisors.
(2)
Board of Supervisors resolution. The Board of Supervisors
may propose an amendment to this chapter which shall be referred to
the Planning Commission for consideration pursuant to § 15.2-2285,
Code of Virginia 1950, as amended.
(3)
Planning Commission resolution. By the adoption by
the Planning Commission of a resolution of intention to propose an
amendment.
B.
Public hearing; notice. The Planning Commission shall
hold a public hearing on any such petition or resolution as provided
by § 15.2-2285, Code of Virginia 1950, as amended, after
notice and notification of adjacent property owners as required by
§ 15.2-2204 of said Code.
C.
Report by Planning Commission to Board after hearing. After the conclusion of the hearing provided for in this article, the Planning Commission shall report to the Board of Supervisors its recommendation with respect to the proposed amendment. Failure of the Planning Commission to report to the Board within 100 days after determination by the Planning Commission that the application as submitted is complete shall be deemed as approval by the Commission. In acting favorably with respect to a proposed amendment initiated by the petition of a property owner or owners, the Planning Commission need not confine its recommendation to the proposed amendment as set forth in the petition. The Planning Commission may reduce or enlarge the extent of land that it recommends be rezoned or may recommend that land be rezoned to a different zoning classification than that petitioned for if the Commission is of the opinion that such revision is in accord with public necessity, convenience or general welfare and is in furtherance of the purposes of this chapter and article, provided that before recommending an enlargement of the extent of land or a rezoning to a less-restricted classification than was set forth in the petition, the Commission shall hold a further hearing on the matter, pursuant to requirements of § 15.2-2204, Code of Virginia 1950, as amended. No amendment to the Zoning Map shall be approved for a change in zoning classification different from that applied for and contained in the public notice of hearing nor for any land not included therein without referring said change to the Planning Commission for its review and recommendations and proceedings pursuant to this subsection and § 180-61E; provided, however, that an amendment may be approved for only a portion of the area proposed for rezoning if the portion rezoned is accurately and sufficiently delimited in the approval action.
D.
Withdrawal of petitions. Any petition filed pursuant to § 180-61A(1) may be withdrawn upon written request by the applicant. Upon request, the County shall refund the application fee less any and all expenses incurred by the County in processing the application.
E.
Posting of property. Additional notice of public hearings involving Zoning Map amendments initiated pursuant to § 180-61C shall be provided by means of signs posted on the property proposed for rezoning, in the manner prescribed in this article.
(1)
Posting of property: Planning Commission hearing.
At least 15 days preceding the Planning Commission's public hearing
on a conditional use permit or a Zoning Map amendment, the Zoning
Administrator shall erect on the subject property a sign or signs
indicating the potential action. The sign shall be erected within
10 feet of whatever boundary line of such land abuts a public road
and shall be so placed as to be clearly visible from the road with
the bottom of the sign not less than 2 1/2 feet above the ground.
If more than one such road abuts the property, then a sign shall be
erected in the same manner as above for each such abutting road. If
no public road abuts thereon, then signs shall be erected in the same
manner as above on at least two of the boundaries of the property
abutting land not owned by the applicant. Authorization for placement
of signs shall be given by the applicant when application for rezoning
or conditional use permit is made.
(2)
Posting of property: Board of Supervisors hearing. Upon receipt of written notice that a public hearing has been scheduled before the Board of Supervisors, the Zoning Administrator shall erect at least 15 days preceding such hearing, a sign or signs in the same manner as prescribed in § 180-61E(1) above.
(3)
Maintenance and removal of signs. Any sign erected
in compliance with this article shall be maintained at all times by
the applicant up to the time of the hearings. It shall be unlawful
for any person, except the Zoning Administrator or his authorized
agent, to remove or tamper with any sign during the period it is required
to be maintained under this section. All signs erected under this
article shall be returned to the Zoning Administrator by the applicant
within 15 days following final action by the Board of Supervisors.
F.
Matters to be considered in reviewing proposed amendments.
Proposed amendments shall take into consideration the purpose and
intent of this chapter and other relevant factors, including but not
limited to the following: the existing use and character of the property,
the suitability of the property for various uses, the trends of growth
or change, the current and future requirements of the County as to
land for various purposes as determined by population and economic
studies and other studies, the transportation requirements of the
community and the County; the requirements for schools, parks, playgrounds,
recreation areas and other public services; the conservation of natural
resources; the preservation of floodplains and the conservation of
properties and their values; and the encouragement of the most appropriate
use of land throughout the County, timing of development, relation
of development to major roads and relation of development to utilities
and public facilities and infrastructure.
G.
Conditional zoning.
(1)
Any owner of real property who is an applicant for
a Zoning Map amendment (rezoning) may, as a part of his application,
proffer reasonable conditions concerning the use and development of
his property, including also off-site improvements that may serve
or benefit his property and the public welfare.
(2)
Such proffered conditions shall be set forth with
clarity and specificity in a proffer statement, which shall follow
the following format:
|
Proffer Statement
| ||
|
RE:
|
Applicant's name
| |
|
Date
| ||
|
Rezoning file number (to be added by theDirector
of Planning if unknown to the applicant)
| ||
|
I hereby proffer that the use and development
of this property shall be in strict accordance with the following
conditions:
| ||
|
1.
2.
3.
etc.
| ||
(3)
Any revision to the proffer statement shall be submitted
in the same format, with a new date and shall include at the end of
the statement the following:
|
The conditions set forth in this proffer statement
supersede all conditions set forth in previous proffer statements
submitted as a part of this application.
|
(4)
The applicant may also proffer to use and develop
his property in accordance with the schematic land use plan or other
plans, profiles, elevations, demonstrative materials and written statements
submitted as part of his rezoning requests. In such a case, the proffer
statement shall make reference to such materials and each copy of
such materials shall contain the following statement:
|
I hereby proffer that the use and development
of this property shall be in strict accordance with the conditions
set forth herein and/or depicted hereon.
|
(5)
When an application for a Zoning Map amendment includes
a proffer statement, the Planning Director may suggest revisions to
the proffer statement in order to clarify the proffer(s) volunteered
by this applicant once conditions to be proffered are signed and made
available and the public hearing before the Board has commenced, no
change or modification to any condition shall be made and no additional
conditions shall be proffered at that public hearing. If modified
or additional conditions are proposed, a second public hearing before
the Board shall be held before the application and the modified or
additional conditions can be approved. Such application may also be
the subject of a second public hearing before the Planning Commission.
(6)
The governing body, when acting on an application
for a Zoning Map amendment, may adopt as a part of the Zoning Map
the proffered conditions, in whole or in part, set forth by the applicant.
Once adopted by the governing body, such proffered conditions shall
be binding on the use and development of the property and shall continue
in full force and effect until a subsequent amendment changes the
zoning on the property covered by such conditions; provided, however,
that such conditions shall continue if the subsequent amendment is
part of a comprehensive implementation of a new or substantially revised
zoning ordinance and/or map.
(7)
Proffered conditions adopted by the governing body
shall be in addition to the regulations provided for the zoning district
by the text of this chapter and shall not provide for altering the
standards required by the text except when specifically authorized
in the text.
(8)
The Zoning Map and other appropriate files maintained
by the Zoning Administrator shall reference the existence of adopted
proffered conditions attached to various properties. Any site plan,
subdivision plan, development plat or permit application thereafter
submitted for development of property to which proffered conditions
have attached shall conform to all such conditions and shall not be
approved by any County official in the absence of such conformity.
For the purpose of this section, "conformity" shall mean such conformity
which leaves a reasonable margin of adjustment due to final engineering
data, but conforms to the general nature and intent of the development,
the specific uses and the general layout depicted by the plan profiles,
elevations and other demonstrative materials presented by the applicant.
[Amended 8-17-1993; 10-21-2008; 7-20-2010; 8-18-2015]
A.
General procedure. Any property owner, tenant, government official
or agency may apply for a variance for a reasonable deviation from
those provisions regulating the shape, size or area of a lot or parcel
of land or the size, height, area, bulk or location of a building
or structure. Application for such variance shall be filed with the
Zoning Administrator, together with such maps, charts, drawings or
other data as the applicant believes will support his application.
The Administrator shall furnish promptly to each member of the Board
of Zoning Appeals a summary of such application and obtain their concurrence
in a date for a public hearing on the application, which shall be
advertised and adjacent property owners notified in accordance with
§ 15.2-2204, Code of Virginia, as amended. Upon conclusion of
the hearing, the Board of Zoning Appeals may grant the variance in
whole or part, with or without conditions, or deny the application.
In any case, the Board of Zoning Appeals shall reach its decision
within 60 days of the public hearing and promptly inform the applicant
of its decision, unless the applicant and the Board of Zoning Appeals
agree to an extension for the decision. Violation of the conditions
imposed with the variance shall be deemed to be a violation of this
chapter.
[Amended 9-19-2017]
B.
Required standards.
(1)
A variance shall be granted if the evidence shows that the strict
application of the terms of the ordinance would unreasonably restrict
the utilization of the property or that the granting of the variance
would alleviate a hardship due to a physical condition relating to
the property or improvements thereon at the time of the effective
date of the ordinance, and the property meets the following conditions:
(a)
The property interest for which the variance is being requested
was acquired in good faith and any hardship was not created by the
applicant for the variance.
(b)
The granting of the variance will not be of substantial detriment
to adjacent property and nearby properties in the proximity of that
geographical area.
(c)
The condition or situation of the property is not of so general
or recurring a nature as to make reasonably practicable the formulation
of a general regulation to be adopted as an amendment to the ordinance.
(d)
The granting of the variance does not result in a use that is
not otherwise permitted on such property or a change in the zoning
classification of the property.
C.
Burden of proof. The burden of proof shall be on the applicant to
prove by a preponderance of the evidence that the application meets
the standard for a variance as defined in the criteria set out in
this section.
D.
Conditions. In granting a variance, the Board of Zoning Appeals may
impose such conditions regarding the location, character and other
features of the proposed structure or use as it may deem necessary
in the public interest, and may require a guarantee or bond to ensure
that there will be compliance with the conditions.
A.
Intent; general conditions for approval; preexisting
uses.
(1)
This section is to provide for the granting of conditional
use permit by the governing body of Warren County as a legislative
process pursuant to §§ 15.2-2286 through 15.2-2288
and 15.2-2203, Code of Virginia 1950, as amended.
[Amended 10-21-2008]
(2)
The Board of Supervisors may approve a conditional
use permit under the provisions of this article when it is concluded
that the proposed use complies with all specified standards and that
such use will be compatible with existing or planned development in
the general area. In addition, in approving a conditional use permit,
the Board may stipulate such conditions and restrictions, including
but not limited to those specifically contained herein, to ensure
that the use will be compatible with the area in which it is proposed
to be located. Where such cannot be accomplished or it is determined
that the use is not in accordance with all applicable standards of
this chapter, the Board shall deny the conditional use.
(3)
Conditional use permits approved prior to the effective date of this chapter shall be permitted to continue as conditional uses under the conditions imposed by the Board and under this chapter standards in effect at the time of approval unless otherwise provided in Article IV. Changes in imposed conditions or revocation of approval may be accomplished under procedures of this chapter.
B.
Authorization. In consideration of an application
filed with the Zoning Administrator, the Board may authorize the establishment
of those conditional uses that are expressly listed in a particular
zoning district; provided, however, that no conditional use permit
shall be required for a use specifically permitted by right in a given
district.
C.
Procedure.
(1)
An application for a conditional use permit shall
be submitted to the Zoning Administrator, who shall review said application
for its compliance with the provisions of this chapter. When it has
been determined that the application is in proper form, it shall be
submitted to the Planning Commission, which shall hold at least one
public hearing thereon pursuant to public notice as required by § 15.2-2204,
Code of Virginia 1950, as amended. The Planning Commission shall forward
its recommendation to the Board of Supervisors. The Board shall also
hold at least one public hearing prior to rendering its decision on
the application.
[Amended 10-21-2008]
(2)
Whenever a petitioner seeks both an amendment to this
chapter and a conditional use permit for the same property, both applications
may be made jointly and processed at the same time if said proposed
amendment does not add a conditional use not previously permitted
by the terms of this chapter.
(3)
Notice of public hearings on conditional use permit applications shall include posting of property in accordance with the provisions of § 180-61E.
(4)
Changes to conditions imposed by the Board or revocation
of a conditional use permit previously acted upon must be preceded
by a properly advertised public hearing.
D.
General standards/conditions. In addition to the specific
standards set forth hereinafter with regard to particular conditional
uses, all such uses shall satisfy the following general standards:
(1)
The proposed use at the specified location shall be
in harmony with the adopted Comprehensive Plan.
(2)
The proposed use shall be in harmony with the general
purpose and intent of the applicable zoning district regulations.
(3)
The proposed use shall be such that it will be harmonious
with and will not adversely affect the use or development of neighboring
properties in accordance with the applicable zoning district regulations
and the adopted Comprehensive Plan. The location, size and height
of buildings, structures, walls and fences and the nature and extent
of screening, buffering and landscaping shall be such that the use
will not hinder or discourage the appropriate development and use
of adjacent or nearby land and/or buildings or impair the value thereof.
(4)
The proposed use shall be such that pedestrian and
vehicular traffic associated with such use will not be hazardous or
in conflict with the existing and anticipated traffic in the area.
(5)
Adequate utility, drainage, parking, loading and other
necessary facilities to serve the proposed use shall be provided.
(6)
In determining whether or not to grant a permit and
in determining conditions to be imposed, the governing body shall
take into consideration the objectives and intent of this chapter
and may impose reasonable conditions that:
(a)
Abate or restrict noise, smoke, dust or other
elements that may affect surrounding properties.
(b)
Establish setback, side and front yard requirements
necessary for orderly expansion and to prevent traffic congestion.
(c)
Provide for adequate parking and ingress and
egress to public streets or roads.
(d)
Provide adjoining property with a buffer or
shield from view of the proposed use if such use is considered to
be detrimental to adjoining property.
(e)
Prevent such use from changing the character
and established pattern of development of the community.
E.
Specific standards. Specific standards for conditional uses shall be as provided in Article V, Supplementary Regulations.
G.
Modification of conditions and permitted uses. The governing body may modify previously imposed conditions or permitted uses on conditional use permits. No material changes in permit conditions or uses shall be approved until a public hearing is held on the proposal. Such hearing shall be advertised and adjacent property owners notified in accordance with § 15.2-2204, Code of Virginia. "Material change," as used in this subsection, shall mean any change which could reasonably be expected to result in a substantial change in the appearance, operation or general character of the permitted use or its effects upon other persons or properties. If the governing body determines that the proposed change in permitted use is of such a nature that it should appropriately be treated as a new application, the request will be returned to the applicant for submission to the County as a new application pursuant to § 180-64. Any petitioner requesting a material change in conditions or uses will be required to pay an application fee of $75.
[Amended 10-21-2008]
H.
Termination of permitted uses.
[Added 11-18-2003; amended 1-20-2009; 5-21-2019]
(1)
Upon receiving a written opinion by the Zoning Administrator regarding
reasons for termination, the permit holder shall respond in writing
back to the Zoning Administrator within 30 days as to why the Board
of Supervisors should not terminate the conditional use permit. Once
this information is received, or if no response is received by the
expiration of the 30 days, the matter shall be placed on the Planning
Commission's regular meeting agenda for discussion. Notice shall be
provided to the permit holder of the date and time of the meeting.
(2)
Following a recommendation by the Planning Commission, the Board
of Supervisors may terminate an active conditional use permit for
the following reasons. The Board shall hold at least one public hearing
prior to rendering its decision on the application.
(a)
Failure to establish or discontinuance of the approved conditional
use: if the approved conditional use has not been established within
two years of its approval or if it has been discontinued for two years.
(b)
Repeated or continuing violations of the conditions placed on
the permit.
(c)
Violations of other provisions in the Code of Warren County.
(d)
Violations of state and federal law related to the activities
of the conditional use.
(e)
Fraudulent, false or misleading information supplied by the
applicant in applying for the conditional use permit.
I.
Extension of unestablished use.
[Added 5-21-2019]
(1)
If the holder of the conditional use permit has in fact made diligent
effort reasonably calculated to promote development of the approved
conditional use permit, the Board of Supervisors may allow an additional
period of two years from the date of such request to establish such
approved conditional use.
A.
General provisions.
[Amended 6-18-1996; 1-21-1997]
(1)
All applications for rezoning, subdivisions, zoning permits, zoning variances and/or conditional use permits shall include a site plan, an environmental impact statement, a community impact statement, a letter of intent or justification and any other information deemed necessary by the Zoning Administrator, the Planning Commission and/or the Board of Supervisors in order for the Planning Commission and the Board of Supervisors to determine the impact that the application, if granted, would have on the community as a whole and adjacent properties in particular, taking into account the purpose and intent of this chapter as set forth in § 180-2.
(2)
The requirements contained in Subsection A(1) above may be reduced and/or waived by the Zoning Administrator if, in the opinion of the Zoning Administrator, the application is elementary and uncomplicated, such as where no specific use or structure is being requested in the application, and the application, if granted, will be consistent with the purpose and intent of this chapter as set forth in § 180-2; however, the Planning Commission and the Board of Supervisors have the authority to overrule the decision of the Zoning Administrator.
(3)
Applications for an industrial use shall include,
in addition to the above, a listing of all chemicals to be used, housed
or generated on the premises and a statement, verified by oath, on
the standards of compliance relative to the emission and/or release
of noise, dust, smoke, glare, light, heat, vibration, toxic gases,
atomic particles, electromagnetic waves, hazardous substances, solid
waste, liquid effluent and any other activity that may cause a disturbance
to the environment.
(4)
Any proposed use in the industrial and commercial
zones shall meet all applicable state and federal laws and regulations
with respect to the environment, including but not limited to the
Clean Air Act, the Clean Water Act and the Endangered Species Act.
(5)
Zoning permit approval required for by-right use in
Commercial (C) or Industrial (I) Zones.
[Amended 10-21-2003]
(a)
Zoning permit application and site plan required.
No building or zoning permit shall be issued to construct or erect
new buildings and structures for use by right in any Commercial Zone
or any Industrial Zone until a zoning permit application, containing
a site plan meeting the requirements set forth in this chapter, has
been approved by the Planning Director or the Zoning Administrator
and Planning Commission as set forth in this subsection.
(b)
Preliminary approval by Planning Director or
Zoning Administrator. The Planning Director or Zoning Administrator
shall review the zoning permit application, including the site plan,
relative to the completeness of the application and the inclusion
of all required plans, including site plans, statements, and regulations
contained in this chapter. The Planning Director or the Zoning Administrator
shall preliminarily approve or disapprove, in writing, the zoning
permit application and site plan within 10 days of its submission
in complete form.
(c)
Preliminary site plan.
[1]
Any site plan which contains a feature or features
which will require review and/or approval by a state agency, shall
be deemed a preliminary site plan.
[2]
The Planning Director or Zoning Administrator
shall forward the preliminary site plan to the appropriate state agency
or agencies for review.
[3]
Any state agency making a review of a preliminary
site plan forwarded to it shall complete its review within 45 days
of receipt of the preliminary site plan. The Virginia Department of
Transportation shall allow use of its public rights-of-way for placement
of utilities by permit when practical and shall not unreasonably deny
site plan approval. If a state agency does not approve the preliminary
site plan, it shall comply with the requirements, and be subject to
the restrictions, set forth in Virginia Code § 15.2-2259.A,
with the exception of the time period therein specified. Upon receipt
of the approvals from all state agencies, the Planning Commission
shall act upon the preliminary site plan within 35 days.
[4]
The Planning Commission shall act on any preliminary site plan
within 60 days after it has been officially submitted for approval
to the Planning Commission. If the Planning Commission does not approve
the preliminary site plan, the Planning Commission shall set forth
in writing the reasons for such denial and shall state what corrections
or modifications will permit approval by the Planning Commission.
After the plan has been modified, the Planning Commission shall act
on the plan that it previously disapproved within 45 days.
[Amended 9-15-2015]
[5]
If the Planning Commission fails to approve or disapprove the
preliminary site plan within 60 days after it has been officially
submitted for approval to the Planning Commission, or within 45 days
after it has been officially resubmitted after previous disapproval
by the Planning Commission or within 35 days of receipt of any state
agency response, the applicant, after 10 days' written notice to the
Planning Commission, may petition the Warren County Circuit Court
to enter an order with respect thereto as it deems proper, which may
include directing approval of the site plan.
[Amended 9-15-2015]
[6]
If the Planning Commission disapproves a preliminary
site plan and the applicant contends that the disapproval was not
properly based on the ordinance applicable thereto, or was arbitrary
and capricious, he may appeal to the Warren County Circuit Court and
the Court shall hear and determine the case as soon as may be, provided
that his appeal is filed with the Circuit Court within 60 days of
the written disapproval by the Planning Commission.
[7]
Upon approval of a preliminary site plan by
the Planning Commission, it shall be deemed a final site plan and
shall be deemed to be finally approved by the Planning Commission.
(d)
Final site plan.
[1]
Any site plan which does not contain a feature
or features which will require review and/or approval by a state agency
shall be deemed a final site plan.
[2]
The Planning Commission shall act on any proposed
final site plan within 60 days after it has been officially submitted
for approval by either approving or disapproving the final site plan
in writing, and giving with the latter specific reasons therefor.
Specific reasons for disapproval may be contained in a separate document
or may be written on the final site plan itself. The a reasons for
disapproval shall identify deficiencies in the final site plan which
cause the disapproval by reference to specific duly adopted ordinances,
regulations, or policies and shall generally identify modifications
or corrections as will permit approval of the final site plan.
[3]
If the Planning Commission fails to approve
or disapprove the final site plan within 60 days after it has been
officially submitted for approval, the applicant, after 10 days written
notice to the Planning Commission, may petition the Warren County
Circuit Court to decide whether the final site plan should nor should
not be approved. The Court shall hear the matter and make and enter
an order with respect thereto as it deems proper, which may include
directing approval of the final site plan.
[4]
If the Planning Commission disapproves a final
site plan and the applicant contends that the disapproval was not
properly based on the ordinance applicable thereto, or was arbitrary
and capricious, he may appeal to the Warren County Circuit Court and
the Court shall hear and determine the case as soon as may be, provided
that his appeal is filed with the Circuit Court within 60 days of
the written disapproval of the Planning Commission.
(e)
Term of validity of final approval. After approval,
a final site plan shall be valid for a period of five years. If, after
five years from the date such plans are approved, construction has
not commenced on the site, the final approval is revoked and the Administrator
shall notify the Building Official that approval of such plan has
terminated. An applicant may request reapproval, provided the previous
site plan is consistent with all applicable laws in effect at the
time the reapproval is requested. All requests for reapproval shall
be in writing.
(g)
Bond or letter of credit.
[1]
All physical improvements, including private
sewer systems, private water systems and Class III roads, required
as a contingency to approval of the final plat shall be installed
therein and thereon at the expense of the applicant.
[2]
Prior to consideration of the final plat by
the Planning Commission, the applicant shall execute and file with
the Zoning Administrator an agreement and bond (or agreements and
bonds) in an amount calculated and submitted by a certified engineer
and approved by the Planning Commission to be equal to the approximate
total cost of such improvements, with surety approved by the Zoning
Administrator and the County Attorney, guaranteeing that the required
improvements will be properly and satisfactorily installed within
such time from the date of final plat approval as may be set by the
Planning Commission. Said bond shall be payable to the County and
held by the Zoning Administrator.
[3]
However, in lieu of such bond, the applicant
may place with the County a certified check, a deposit in escrow or
a bank or savings and loan association's letter of credit on certain
designated funds upon the same conditions as above if such security
is approved by the Zoning Administrator and the County Attorney.
[4]
Failure to complete all required improvements
to the satisfaction of the County within such time period specified
shall mean forfeiture of the bond or other security by the applicant
to the County for completion of the required improvements. An extension
of the time completion period may be granted once by the Planning
Commission when a request by the applicant is received, in writing,
stating the reasons the original time period has not been complied
with and stipulating a new estimated time period when the improvements
shall be completed, which shall not exceed one year. The Planning
Commission may require that the amount of bond be revised and/or the
bond renewed prior to authorizing such extension. This extension shall
only be granted by the Planning Commission when no adverse effect
to the public health, safety, welfare or convenience will be suffered.
[5]
No final plat shall be approved unless and until
such bond or security has been received and approved as in this section
or all the required improvements are completed.
[6]
The Planning Commission shall release, either
partially or fully, any bond, escrow, letter of credit or other performance
guaranty required by the County under this section within 30 days
after receipt of written notice by the applicant of completion of
part or all of any facilities required to be constructed hereunder
unless the Planning Commission notifies said applicant, in writing,
of any specified defects or deficiencies in construction and suggested
corrective measures prior to the expiration of said thirty-day period;
provided, however, that the Planning Commission shall not be required
to release such bond, escrow, letter of credit or other performance
guaranty in an amount to exceed 90% of the actual cost of the construction
for which the bond was taken until such facilities have been completed
and accepted by the Board of Supervisors or state agency. For the
purposes of this subsection, a certificate of partial or final completion
of such facilities from a duly licensed engineer or from an appropriate
governmental agency may be accepted without requiring further inspection
of such facilities.
(h)
Certificate of approval for improvements. Upon
satisfactory completion of the required improvements, and the submission
of an as-built site plan, the Zoning Administrator shall furnish a
certificate of approval to the applicant covering all required improvements
on the site. Such certificate of approval will authorize the release
of bonds which shall have been furnished for the guarantee of satisfactory
installation of such improvements or parts thereof.
(i)
Appeal from decision of Zoning Administrator.
Any decision made by the Zoning Administrator relating to site plan
standards may be appealed to the Board of Zoning Appeals by the applicant.
All requests for appeal shall be in writing and shall be filed within
30 days of the date of notification of the decision.
(6)
Zoning permit applications for existing buildings and structures for a use by right in the Commercial Zone may be approved by the Zoning Administrator, provided that such proposed use(s) is specifically identified as a use by right in the Commercial Zone. The Zoning Administrator shall review the application and the site plan to ensure that the requested use or structure(s) is consistent with the purpose and intent of this chapter as set forth in § 180-2. Upon such approval, the Zoning Administrator shall notify the Planning Commission, in writing, at the next regularly scheduled meeting. Should the Zoning Administrator deny approval, the applicant may appeal the decision to the Planning Commission.
(7)
The Planning Commission and/or the Board of Supervisors
may require the review of the application, environmental impact statement
and community impact statement, including hydrology and transportation
studies, by third-party consultants approved by the Planning Commission
or Board of Supervisors at the expense of the applicant.
[Added 4-18-2000]
B.
Fifteen copies of a preliminary site plan or plans
shall be filed with the Zoning Administrator. The preliminary site
plan shall show all horizontal dimensions in feet and decimals of
a foot; and all bearings in degrees, minutes and seconds to the nearest
10 seconds. The plan shall contain the following information:
(1)
Boundary of the parcel to include courses, distances
and total area.
(2)
Proposed and existing structures, including number
of floors and total floor area.
(3)
Setbacks from all property lines.
(4)
Tabulation of site area, floor area, required and
proposed parking spaces, open space and other pertinent data.
(5)
Existing and proposed utilities.
(6)
Location and dimensions of parking and loading spaces
and areas.
(7)
Proposed buffers, fencing, screening and areas of
vegetation to be preserved.
(8)
Location of existing vegetation, pavement, fences,
structures and other improvements on or within 100 feet of the parcel.
(9)
Topography indicated by contours with an interval
of two feet or less.
C.
Environmental impact statement. The environmental
impact statement shall be prepared by a certified engineer or other
person qualified to perform such work. All costs for the preparation
of the impact statement shall be borne by the applicant. The environmental
impact statement shall include the following information:
(1)
Inventory. Existing characteristics and conditions
of the environment, including but not limited to the following:
(a)
Earth (mineral resources, soils, topography,
geology and unique physical features).
(b)
The effect of the applied-for use, to a reasonable
degree of scientific probability, on water (surface, underground and
springs) both as to the specific property for which the application
is being made, as well as to properties within a radius of one half
mile from the subject property. In order to determine the effect of
the applied-for use on water, the Planning Commission or Board of
Supervisors may require hydrology studies, including pump and/or drawdown
tests, to be conducted for up to two months, both on the subject property
as well as properties within the aforesaid radius from the property.
The Planning Commission or Board of Supervisors may require such hydrology
study to be conducted by a qualified hydrogeologist selected by the
Planning Commission or Board of Supervisors at the expense of the
applicant.
[Amended 4-18-2000]
(c)
Atmosphere (quality as to gases and particulates).
(d)
Natural processes (floods, erosion, precipitation
and air movements).
(e)
Flora (trees, shrubs, grass, crops, aquatic
plants and endangered species).
(f)
Fauna (birds and land animals, including big
game, small mammals and reptiles, fish, insects and endangered species).
(g)
Land use (wilderness and open spaces, wildlife
habitat, wetlands, forestry, grazing, agriculture, residential, commercial,
industrial, mining and quarrying).
(h)
Recreation (hunting, fishing, boating, swimming,
camping and hiking, picnicking and resorts).
(i)
Aesthetics and human interest (scenic views
and vistas, wilderness qualities; open space qualities, unique physical
features, monuments, historical or archaeological sites and objects).
(j)
Cultural status (cultural patterns and life
style, health and safety, employment and population density).
(k)
Man-made facilities and activities (structures,
transportation facilities, including movement and access, utility
network and waste disposal).
(2)
Impact. Impact upon area by the proposed activity,
including but not limited to the following:
(a)
Modification of natural environment (introduction
of exotic flora and fauna, modification of wildlife habitat, alteration
of ground cover, alteration of groundwater hydrology, alteration of
drainage, river and stream control and flow modification, canalization
and irrigation).
(b)
Land transformation and construction (urbanization,
residential and vacation homes, industrial sites, commercial site,
airports, highways and bridges, roads and trails, railroads, transmission
lines, pipelines, channel dredging and straightening, channel filling,
canals, dams and impoundments, recreational structures, blasting and
drilling, cut and fill, tunnels and underground structures).
(c)
Resource extraction (blasting and drilling,
surface excavation, subsurface excavation, well drilling and fluid
removal, dredging, clear cutting and other lumbering, commercial fishing
and hunting).
(d)
Processing (farming, ranching and grazing, feedlots,
dairying, energy generation, mineral processing, metallurgical industry,
chemical industry, textile industry, oil refining and lumbering).
(e)
Land alteration (erosion control and terracing,
mine sealing and waste control, strip mining rehabilitation, landscaping,
marsh fill and drainage).
(f)
Resource renewal (reforestation, wildlife stocking
and management, groundwater recharge, fertilization application and
waste recycling).
(g)
Changes in traffic (railway, automobile, trucking,
shipping, aircraft, river and canal traffic, pleasure boating and
trails).
(h)
Waste storage and treatment (landfill, underground
storage, junk disposal, liquid effluent discharge, stabilization and
oxidation ponds, septic tanks, stack and exhaust emission).
(i)
Chemical treatment (fertilization, chemical
de-icing of highways, chemical stabilization of soil, weed control
and insect control with pesticides).
(j)
Accidents (explosions, spills and leaks and
construction accidents).
D.
Community impact statement. The community impact statement
shall be prepared by a certified engineer or planner or other persons
qualified to perform such work. All costs for the preparation of the
community impact statement shall be borne by the applicant. The demand
for community services and facilities will be affected by population
growth and its distribution. The community impact statement shall
include the existing state of the following seven variables and to
what degree the proposed action will impact those services, both directly
and indirectly; physically and fiscally:
(3)
Educational facilities and services:
(a)
Related school locations, in order to minimize
travel time and efficiency.
(b)
Anticipated number of students to be housed
by development, if a residential project, and average number of persons
to be attending each three levels of Warren County public schools.
(c)
Provision for adequate classroom space and facilities
due to pupil enrollment.
(7)
County administrative services:
(a)
Impact upon County services, including but not
limited to administration, building, planning, zoning, finance, Clerk
of the Court, commissioner and treasurer offices.
(8)
Transportation: impact upon existing road system in
the County.
A.
Zoning permits.
[Amended 2-18-1997; 12-16-1997]
(1)
Permit required. No business, structure to house a
permitted use or use permissible by conditional use permit shall be
conducted, constructed or excavation or grading therefor begun before
the issuance of a zoning permit by the Zoning Administrator.
[Amended 9-15-2009]
(2)
Structures in violation. No zoning permit shall be
issued where it appears that the proposed structure or the use contemplated
would be in violation of the provisions of this chapter or any other
applicable law, ordinance or regulation. The issuance of such zoning
permit, however, shall not afford protection to any owner who is found
to be violating this or any other applicable law, ordinance or regulation.
(3)
Forms and information required. An application for
a zoning permit shall be made to the Zoning Administrator on forms
to be provided by the Zoning Administrator who shall require and be
furnished with all such plans and documents as may be needed to determine
whether the proposed structure and facilities will be in compliance
with the provisions of this chapter. Each such application for a zoning
permit shall be accompanied by the following items or as much thereof
as the Zoning Administrator deems applicable:
(a)
A certificate from the Health Official that
the proposed location meets the requirements of the Health Department
from the standpoint of water supply and sewage disposal or, where
a public water and/or sewage system is involved, a statement from
the appropriate authority that all applicable regulations and requirements
are in compliance.
(c)
The proposed use.
(d)
The number of families or housekeeping units.
(e)
An adequately dimensioned drawing unless otherwise
specified. The drawing shall show the following:
[1]
The size, shape and dimension of the parcel
of land on which the building is to be constructed.
[2]
The nature of the proposed use of the building
or land.
[3]
The location of any existing structures.
[4]
The location of such building or use with respect
to the property line of said parcel of land and to the right-of-way
of any street or highway adjoining said parcel of land.
(f)
The number, size, location and lighting of signs.
(g)
Off-street parking and other facilities.
(4)
In addition to the required drawing, no new principal
structure, located on a lot two acres in size or less, shall be constructed
beyond the foundation stage until such time as the builder has submitted
to the Zoning Administrator a plat, prepared by a certified land surveyor,
certifying the location of the foundation wall and all structural
projections on the property. If the foundation is in its proper location,
as shown on the zoning permit, and all building setbacks and area
requirements have been met, the Zoning Administrator shall mark the
plat approved. In the event that the plat is rejected, the Zoning
Administrator shall give to the builder a written basis for the rejection.
No certificate of occupancy shall be issued without a foundation survey
plat marked approved by the Zoning Administrator.
[Amended 7-17-2007]
(5)
Issuance of zoning permit. If it is determined by
the Zoning Administrator that the proposed structure and use of land
or structure is in conformity with the provisions of this chapter,
a zoning permit shall be issued to the applicant by the Zoning Administrator
and one copy of the plot plan signed by the Zoning Administrator shall
be returned to the applicant with said permit.
(6)
Time limits. Any zoning permit issued shall become
invalid if the authorized work is not commenced within six months
of the date of issuance or is suspended or abandoned for a period
of six months.
B.
Commission review; Comprehensive Plan.
(1)
No street or connection to an existing street, park or other public area, public building or public structure, public utility facility or public service corporation facility other than railroad facility, whether publicly or privately owned, shall be constructed, established or authorized, until the general location or approximate location, character and extent thereof has been submitted to and approved by the Planning Commission as being substantially in accord with the adopted Comprehensive Plan or part thereof. In connection with any such determination the Commission may and, at the direction of the Board, shall hold a public hearing, after notice as required by § 180-61B of this article.
(2)
The Commission shall communicate its findings to the
Board indicating its approval or disapproval with written reasons
therefor. The Board may overrule the action of the Commission by a
vote of a majority of the membership thereof. Failure of the Commission
to act within 60 days of such submission, unless such time shall be
extended by the Board, shall be deemed approval. The owner, owners
or their agents may appeal the decision of the Commission to the Board
within 10 days after the decision of the Commission. The appeal shall
be by written petition to the Board setting forth the reasons for
the appeal. A majority vote of the Board shall overrule the Commission.
(3)
Widening, narrowing, extension, enlargement, vacation
or change of use of streets or public areas shall likewise be submitted
for approval, but paving, repair, reconstruction, improvement, drainage
or similar work and normal service extensions of public utilities
or public service corporations shall not require approval unless involving
a change in location or extent of a street or public area.
(4)
Any public area, facility or use which is identified
within, but not the entire subject of a submission under subdivision
regulations or site plan regulations of this article or both, may
be deemed a feature already shown on the adopted Comprehensive Plan,
and, therefore, exempt from the requirement for submittal to and approval
by the Commission or the Board, provided that the Board has by ordinance
or resolution defined standards governing the construction, establishment
or authorization of such public area, facility or use or has approved
it through acceptance of a proffer.
(5)
The Zoning Administrator shall issue a zoning permit
following approval by the Planning Commission. Said approval shall
be subject to ratification by the Board of Supervisors. Failure of
the Board to act within 60 days of the date of transmittal of approving
action of the Commission shall constitute ratification.
Fees for zoning permits, conditional use permits,
sign permits, applications for amendments or other applications requiring
a fee shall be payable to "Treasurer, Warren County," in the amount
set by resolution of the Board of Supervisors.
[Amended 4-15-2008]
A.
Appeal to Board of Zoning Appeals. An appeal to the
Board of Zoning Appeals may be filed by any person aggrieved or by
any officer, department, board or bureau of the County or municipality
affected by any decision of the Zoning Administrator or from any order,
requirement, decision or determination made by any other administrative
officer in the administration or enforcement of this article or any
ordinance adopted pursuant thereto. The appeal shall be made within
30 days after the decision being appealed by filing with the Zoning
Administrator and with the Board of Zoning Appeals a notice of appeal
specifying the grounds therefor. The Zoning Administrator shall forthwith
transmit to the BZA all the papers constituting the record upon which
the action appealed from was taken. An appeal shall stay all proceedings
in furtherance of the action appealed from unless the Zoning Administrator
certifies to the BZA that by reason of facts stated in the certificate,
a stay would in the Zoning Administrator's opinion cause imminent
peril to life or property, in which case proceedings shall not be
stayed otherwise than by a restraining order granted by a court of
record, on application and on notice to the Zoning Administrator and
for good cause shown.
B.
Procedure on appeal. The BZA shall fix a reasonable
time for the hearing of an application or appeal, give public notice
thereof as well as due notice to the parties in interest and decide
the same within 90 days of the filing of the application or appeal.
In exercising its powers, the BZA may reverse or affirm, wholly or
partly, or may modify an order, requirement, decision or determination.
The concurring vote of a majority of the membership of the BZA shall
be necessary to reverse any order, requirement, decision or determination
of an administrative officer or to decide in favor of the applicant
on any matter upon which it is required to pass under this chapter
or to effect any variance from this chapter. The decision by the BZA
shall be binding upon the owner of the property which is the subject
of such appeal only if the owner of such property has been provided
written notice of the zoning violation, written determination or other
appealable decision. The owner's actual notice of such notice or active
participation in the appeal hearing shall waive the owner's right
to challenge the validity of the decision due to failure to receive
such notice. The BZA shall keep minutes of its proceedings and other
official actions which shall be filed in the office of the Board and
shall be public records.
[Amended 9-20-2011]
C.
Certiorari to review decision of Board.
(1)
Any person or persons jointly or severally aggrieved
by any decision of the Board of Zoning Appeals or any taxpayer or
any officer, department, board or bureau of the County may file with
the Clerk of the Circuit Court of the County a petition specifying
the grounds on which aggrieved within 30 days after the final decision
of the Board of Zoning Appeals.
(2)
Upon the presentation of such petition, the Court
shall allow a writ of certiorari to review the decision of the Board
of Zoning Appeals and shall prescribe therein the time within which
a return thereto must be made and served upon the applicant's attorney,
which shall not be less than 10 days and may be extended by the Court.
The allowance of the writ shall not stay proceedings upon the decision
appealed from, but the Court may, on application, on notice to the
Board and on due cause shown, grant a restraining order.
A.
Violations. Any person who violates any of the provisions
of this chapter or permits any such violation or fails to comply with
any of the requirements hereof or who erects any structure on any
land in violation of any plan submitted and approved under the provisions
of this chapter or who violates conditions imposed by a conditional
use permit shall be guilty of a misdemeanor and, upon conviction thereof,
shall be subject to a fine or punishment as provided by law. Each
day during which such violation continues shall constitute a separate
offense.
(1)
Unlawful structures, uses. Any structure erected contrary
to the provisions of this chapter and use of any building or land
which is conducted, operated or maintained contrary to the provisions
of this chapter are hereby declared to be unlawful. The Zoning Administrator
may initiate injunctions, mandamus, abatement or any other appropriate
action to prevent, enjoin, abate or remove such erection or use in
violation of this chapter.
(2)
Notice of violation. Upon becoming aware of any violation of the provisions of this chapter, the Zoning Administrator shall serve notice on such person committing or permitting the same as provided in § 180-60 by sending a written notice through registered mail to, or posted at, the last known address of the property owner or its registered agent, if any.
[Amended 9-19-2017]
B.
Remedies not exclusive. The remedies provided for
in this article are cumulative and not exclusive and shall be in addition
to any other remedies provided by law.
C.
Complaints. Any person who alleges that a violation
of this chapter has occurred may file a written complaint with the
Zoning Administrator. Such complaint shall stipulate the cause and
basis thereof and the location of the alleged violation. The Zoning
Administrator shall properly record the complaint, investigate the
facts thereof and take action thereon as provided by this chapter.
