Sec. 86-1

Other

• Additional front setbackSetbackThe distance a building must be held back from a lot line. for road widening

  Whenever there shall be plans in existence approved by either the Virginia Department of Transportation or by the town council for the widening of any street or highway, the commission may recommend additional front yard setbacks for any new construction or for any structures altered or remodeled adjacent to the future planned right-of-way, in order to preserve and protect the right-of-way for such proposed street or highway widening.

• Commission action timeline90 days

  In any case in which the commission is required to review an application for a zoning permit, a special use permit, the commission shall act on any application or matter received within 90 days after receiving such application or matter except that upon formal notice in writing to the applicant, the time for action may be extended for a 30-day period. Failure on the part of the commission to act on the application or matter within the established time limit shall be deemed to constitute a decision favorable to the applicant.

• Delinquent charges required

  Prior to the initiation of an application by the owner of the subject property, the owner's agent, or any entity in which the owner holds an ownership interest greater than 50 percent, for a special exception, special use permit, variance, rezoning or other land disturbing permit, including building permits and erosion and sediment control permits, or prior to the issuance of final approval, the authorizing body may require the applicant to produce satisfactory evidence that any delinquent real estate taxes, nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on the subject property, that are owed to the locality and have been properly assessed against the subject property, have been paid, unless otherwise authorized by the treasurer.

• More restrictive standard applies

  Where the standards imposed by this chapter are more or less restrictive than the standards imposed by any other public regulation, the more restrictive standard shall apply.

• Private covenant relation

  This chapter shall not apply to, or interfere with, any private covenant. However, if the regulations imposed by this chapter are more restrictive, or impose a higher standard than the private covenant, then the provisions of this chapter shall apply.

• Site plan action timeline60 days

  In any case in which the commission is required to review an application for a site plan approval, the commission shall act on any complete application or matter received within 60 days after receiving such application or matter except that upon formal notice in writing to the applicant, the time for action may be extended for a 30-day period. Failure on the part of the commission to act on a complete application or matter within the established time limit shall be deemed to constitute a decision favorable to the applicant.

• Special use permitConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. authority

  The town council specifically reserves unto itself the right and authority to issue special use permits. No such special use permit shall be issued except after notice and hearing as set forth in section 86-782.

• Special use permitConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. conditions

  In granting any special use permit, the council shall designate such conditions in connection therewith as will, in its opinion, ensure that the use will conform to the requirements in this subsection and that it will continue to do so and specifically 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 adjoining property; (5) Tend to prevent such use from changing the character and established pattern of development of the community.

• Special use permitConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. required

  All specifically designated permitted uses as set forth in this chapter shall require, in addition to all other required permits, a special use permit.

• Unlisted use review

  If a use is not listed as any of the allowable uses, by right or by special use permit, in any zoning district in the entirety of the ordinance and the use falls within the stated intent for uses in a specific district, the administrator shall present the proposed use to the planning commission, which at its discretion may recommend an amendment to the code or require an application for a special use permit.

• Unlisted uses prohibitedProhibitedNot allowed in the district at all, short of rezoning or a variance.

  All land uses and activities not specifically provided for or addressed in this chapter shall be considered uses and activities prohibited within the town.

• Zoning permit duration6 months

  Zoning permits are issued for a period of six months from the date of approval. Zoning permits shall automatically expire if the applicant cannot demonstrate that the permit is being exercised for the purpose for which it was issued, or if the work authorized in the permit is suspended or discontinued for a period of two years.

• Zoning permit exemptions

  a zoning permit shall not be required for fences, walls, poles, posts and other customary yard ornaments and accessories which are exempt from application for a building permit and which are permitted by the provisions of this chapter.

• Zoning permit required

  It shall be unlawful for any person to use or to permit the use of any building, structure or premises or portion thereof, other than an existing single-family dwelling, unless a zoning permit for such building, structure or premises or portion thereof shall have been approved by the zoning administrator as required by this article.

• Zoning permit transferability

  A zoning permit shall not be transferable to any person. Any new tenant or new owner of such building, structure or premises shall make application for a new zoning permit. New occupants of single-family dwellings shall be exempt from the requirements of this division.