Altavista

the enlargement, extension or alteration of a structure devoted to a nonconforming use existing at the time of enactment of or amendment to the ordinance from which this section is derived is permitted after obtaining a special use permit pursuant to section 86-7, provided that such enlargement shall not exceed 25 percent in the aggregate of the floor area of the original structure devoted to the nonconforming use, and provided that all yard and other appropriate requirements of this article are met.

If any nonconformity of any type ceases for any reason for a continuous period of two years or more or is changed to or replaced by a conforming use, the land and building that occupied such nonconforming use shall be subject to all the regulations as to use for the zoning district in which such land and building are located as if such nonconforming use had never existed.

Nothing contained in this article shall require any change in the plans, construction, size, or designated use of any building, structure, or part thereof for which a building permit has been granted before this article, or a subsequent zoning change, becomes effective, provided that such building is started within one year, or such use of land established within 30 days after the effective date of the ordinance from which this chapter is derived.

Whenever the boundaries of a district are changed, any uses of land or buildings which become nonconforming as a result of such change shall become subject to the provisions of this article.

Whenever the public necessity, convenience, general welfare, or good zoning practice requires, the council may by ordinance amend, supplement, or change the text of this chapter including the regulations, district boundaries, or classifications of real property.

The planning commission shall not recommend nor the town council adopt any plan, ordinance or amendment thereof until notice of intention to do so has been published twice in some newspaper published or having general circulation in the town; however, the notice for both the planning commission and the town council may be published concurrently.

An applicant may, as a part of an application for a rezoning, provided that the applicant is the owner of the property to be rezoned, voluntarily proffer, in writing, reasonable conditions, prior to a public hearing before the town council, in addition to the regulations provided for the zoning district or zone by the ordinance

Any zoning applicant or any other person who is aggrieved by a decision of the zoning administrator made pursuant to the provisions of section 86-793 may petition the town council for review of the decision of the zoning administrator. All petitions for review shall be filed with the zoning administrator and with the clerk of the town council within 30 days from the date of the decision for which review is sought

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.

All uses, activities, and development occurring within any floodplain district shall be undertaken only upon the issuance of a zoning permit. ... Manufactured homes shall be elevated on a permanent foundation such that the lowest floor is elevated to or above the base flood elevation and securely anchored. ... Existing structures: modifications less than 50% of market value must be elevated/floodproofed; 50% or more must comply with Virginia Uniform Statewide Building Code.

In the floodway district, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in the 100-year flood elevation. Permitted uses: agricultural, recreational, accessory residential, accessory industrial/commercial. Special use permit: structures, utilities, water-related, extraction, temporary, storage, other similar uses.

In the floodway district, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in the 100-year flood elevation.

In the flood fringe and approximated floodplain districts, the development and/or use of land shall be permitted in accordance with the regulations of the underlying district, provided that all such uses, activities and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in the Virginia Uniform Statewide Building Code and all other applicable codes and ordinances.

In the flood fringe and approximated floodplain districts, the development and/or use of land shall be permitted in accordance with the regulations of the underlying district, provided that all such uses, activities and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in the Virginia Uniform Statewide Building Code and all other applicable codes and ordinances.

The regulations set by this chapter, or future amendment, within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, throughout each district with the exceptions provided in this chapter.

Any such violation shall be a misdemeanor punishable by a fine of not less than $50.00 nor more than $1,000.00.

In carrying out the provisions of this chapter, the zoning administrator is hereby authorized to set and collect such fees as he or she may deem necessary to cover the cost of making inspections, issuing permits, advertising notices and other expenses incident to the administration of this chapter.

The zoning administrator, or his/her duly authorized agent, shall have the authority to apply for the issuance of inspection warrants, as provided by Code of Virginia Code, § 15.2-2286 A.16., for the purpose of enforcing the provisions of this section by inspection of property to determine whether violations of this section exist.