These regulations shall be administered in accordance with the
provisions below.
A.
Appointment. The Zoning Administrator shall be appointed by and shall
serve at the pleasure of the Town of Elkton Town Council which shall
fix the compensation of the Zoning Administrator.
B.
Powers and duties relating to zoning. The Zoning Administrator is
authorized and empowered on behalf of and in the name of the Elkton
Town Council to administer and enforce the provisions set forth herein,
including receiving applications, inspecting premises, and issuing
building permits and certificates of occupancy for uses and structures
which are in conformance with the provisions of this chapter. The
Zoning Administrator shall have all necessary authority on behalf
of the Elkton Town Council to administer and enforce this chapter,
including ordering, in writing, the remedy for any condition found
in violation of this chapter, and the bringing of legal actions, including
injunction or abatement, or other appropriate action or proceedings,
to ensure compliance with this chapter. The Zoning Administrator does
not have the authority to take final action on applications or matters
involving variances or on special exceptions, on which final action
is reserved to the Board of Zoning Appeals or governing body.
C.
Zoning administration process. Figure 1 outlines the administrative
process to be followed under various provisions of this chapter.[1]
[1]
Editor's Note: Figure 1 is included at the end of this chapter.
Zoning and building permits shall be issued in accordance with
the following provisions and procedures:
A.
Issuance and display. The Zoning Administrator shall issue a zoning
permit for any construction of a permitted use, structural alteration,
or removal or demolition of any existing structures, including, but
not limited to, filling in existing swimming pools, provided that
such proposed use of land or structure, or structural alteration,
or removal or demolition, is in conformance with the provisions set
forth herein. The zoning permit shall indicate whether the use is
a permitted use, a special exception, or a variance and shall be conspicuously
posted and displayed on the premises during the period of construction,
reconstruction, removal or demolition. The building permit shall be
issued by the Rockingham County Building Inspector and shall also
be conspicuously posted and displayed on the premises during the period
of construction, reconstruction, or demolition.
[Amended 9-17-2018; 6-17-2019]
B.
Application procedure for permitted uses. An application for a zoning
permit shall be submitted to the Zoning Administrator according to
the following provisions:
(1)
An application for a zoning permit for a permitted use shall
be accompanied by one copy of an acceptable site plan with such reasonable
information shown thereon as shall be required by the Zoning Administrator.
Such site plan shall include, as a minimum, the following: lot dimensions
with property line monuments located thereon; location and size of
existing and proposed structures; yard dimensions and the use of structures;
easements (private and public); watercourses; fences; street names
and street right-of-way lines; and such other information regarding
abutting property as directly affects the application.
(2)
Each application for a zoning permit, upon issuance of the permit, shall be accompanied by payment of a fee as set forth in Article X.
(3)
The Zoning Administrator shall sign and return one copy of the site plan to the applicant and shall issue a zoning permit, if the proposed use or construction described in the application required by Subsection B(1) above is in conformity with the provisions set forth herein, other appropriate codes, and regulations of the Town of Elkton and the following:
(4)
If the application and site plan submitted describes work which
does not conform to the requirements set forth herein, the Zoning
Administrator shall not issue a zoning permit, but shall return one
copy of the site plan to the applicant along with a signed refusal
in writing. Such refusal shall state the reasons for refusal and shall
cite the portions of this chapter with which the submitted plan does
not comply. The Zoning Administrator shall retain one copy of the
site plan and one copy of the refusal.
C.
Application procedure for special exceptions. An application for
a special exception permit for a special exception shall be submitted
to the Zoning Administrator, who shall refer the application to the
governing body for a public hearing. An application for a special
exception permit must be submitted in accordance with the following
procedures:
(1)
An application shall be accompanied by two copies of an acceptable site plan drawn in accordance with applicable provisions of this § 110-802 of this chapter, with such reasonable information shown thereon as may be required by the Zoning Administrator. Such site plan shall include, as a minimum, the following: the dimensions with property line monuments located thereon; location and size of existing and proposed structures; yard dimensions and the use of structures; easements (private and public); watercourses, fences, street names and street right-of-way lines; and such other information regarding abutting property as directly affects the application.
(2)
An application for a special exception permit for a special exception shall be accompanied by payment of a fee as set forth in Article X to help defray the cost of publicizing and conducting the public hearing.
(3)
The application shall be sent to the Commission for review and
recommendation, and said Commission shall have 60 days within which
to submit a report. If the Commission fails to submit a report within
a sixty-day period, it shall be deemed to have approved the proposed
special exception.
(4)
The governing body shall consider the proposed special exception
after notice and public hearing in accordance with § 15.2-2204
of the Code of Virginia, 1950, as amended, and shall take action on
the proposed special exception within 60 days from the date of the
public hearing.
(5)
In evaluating the proposed special exception, the governing
body shall address the following concerns:
(a)
The effect of the proposed special exception, on existing and
projected traffic volumes in the neighborhood.
(b)
The current and future need for the proposed use in the Town
of Elkton.
(c)
The character of the existing neighborhood and the effect of
the proposed use or special exception on existing property values.
(d)
Compatibility with surrounding uses.
(e)
The consistency with the intent of this chapter and the Comprehensive
Plan, the public interest, and all other provisions of law and ordinances
of the Town of Elkton.
(f)
The proximity of dwellings, churches, schools, parks, or other
places of public gathering.
[Added 1-19-2006]
(g)
The probable effect of the proposed use on the peace and enjoyment
of people in their homes.
[Added 1-19-2006]
(h)
The preservation of cultural and historical landmarks and trees.
[Added 1-19-2006]
(i)
The probable effect of noise and glare upon the uses of surrounding
properties.
[Added 1-19-2006]
(j)
The contribution, if any, such proposed use would make toward
the deterioration of the area and neighborhoods.
[Added 1-19-2006]
(6)
In approving a proposed special exception, the governing body
may impose such conditions and requirements as are necessary to protect
the public interest. The governing body may require the applicant
to furnish a performance bond in an amount sufficient for and conditioned
upon the fulfillment of any and all conditions and requirements imposed
by the governing body.
(7)
If the governing body approves the application for a zoning
permit for a proposed special exception, the Zoning Administrator
shall issue a special exception permit, indicating the restricted
nature of the use.
(8)
If the governing body disapproves the application for a zoning
permit for a proposed special exception, the governing body shall
inform the applicant of the decision in writing within 30 days from
the date of the public hearing, stating the reasons for disapproval.
The Zoning Administrator shall retain one copy of the site plan and
one copy of the refusal, and shall keep them as a public record.
(9)
A property owner, or his or her agent, shall not initiate action
for a special exception permit relating to the same special exception
affecting the same parcel of land more often than once every 12 months.
(10)
A use allowed by a special exception permit must be put into
effect six months after the date the permit is issued, unless otherwise
provided in the permit itself.
(11)
A special exception permit which has expired pursuant to Subsection C(10) above may be granted by the Town Council upon written request. Such renewal does not require a public hearing unless the original conditions in the permit are changed, but notice of the renewal shall be shown on the agenda of the Town Council.
D.
Application procedures for ordinance or map amendment. The Elkton
Town Council may from time to time, amend these regulations or district
maps whenever the public necessity, convenience, general welfare,
or good zoning practice require.
(1)
Initiation of applications.
(a)
Applications for amendments initiated by any person, firm, or
corporation owning the subject property shall be submitted in writing
to the Zoning Administrator and shall be accompanied by two copies
of an acceptable site plan, where applicable, of the proposed amendment
with such reasonable information shown thereon as shall be required
by the Zoning Administrator. Where site plans are required, they shall
show, as a minimum, the following:
[1]
Lot dimensions with property line monuments located thereon.
[2]
Location and size of existing and proposed structures.
[3]
Yard dimension and the use of structures.
[4]
Easements (private and public) watercourses, fences.
[5]
Street names and street right-of-way lines.
[6]
Such other information regarding abutting property as directly
affects the application.
(b)
Proposals for amendments not initiated by either the Commission or the Town Council shall be accompanied by payment of a fee as set forth in Article X.
(c)
If the amendment sought is to change the district designation of land on the Zoning Map to R-8, then an application for approval of a master plan pursuant to § 110-609F(3) shall accompany the application for amendment. In such event the application for approval of a master plan shall be considered simultaneously with the application for amendment of the Zoning Map, according to the regulations applicable to planned unit developments, but the time requirements of this section shall apply.
[Added 12-18-2000]
(2)
The Commission shall consider the proposed amendment after notice
and public hearing in accordance with § 15.2-2204 of the
Code of Virginia, as amended. The Commission shall then present the
proposed amendment along with site plans and explanatory materials,
where applicable, to the Town Council with its recommendations. If
the Commission fails to submit its recommendations within 60 days
of the first meeting of the Commission after the proposed amendment
has been referred to it, the Commission shall be deemed to have approved
the proposed amendment.
(3)
The Elkton Town Council shall consider the proposed amendment
after notice and public hearing in accordance with § 15.2-2204
of the Code of Virginia, 1950, as amended, and shall take action on
the proposed amendment within 30 days from the date of the public
hearing. The Town Council and the Commission may hold a joint public
hearing in accordance with § 15.2-2204 of the Code of Virginia.
(4)
Any petition for an amendment may be withdrawn prior to action
thereon by the Town Council at the discretion of the person, firm
or corporation initiating such a request, upon written notice to the
Zoning Administrator.
(5)
No more than one application for any amendment affecting a specific
parcel of land may be initiated during any single twelve-month period.
E.
Procedures for proffering conditions to zoning district regulations.
(1)
Intent. The intent of this section is to provide (pursuant to
§§ 15.2-2296 through 15.2-2301 of the Code of Virginia,
1950, as amended) a more flexible and adaptable zoning method to cope
with situations found in such zones whereby a zoning reclassification
may be allowed subject to certain conditions proffered by the zoning
applicant for the protection of the community that are not generally
applicable to land similarly zoned.
[Amended 12-18-2000]
(2)
Proffer of conditions. An owner may proffer reasonable conditions,
in addition to the regulations established elsewhere in this chapter,
as part of an amendment to the zoning district regulations or the
Zoning District Map. The proffered conditions shall be in writing
and shall be made prior to the public hearing before the Town Council.
In addition:
(3)
Expiration. Any zoning permit shall automatically expire six
months from the date of issuance if the person, firm, or corporation
to which the permit was issued has not clearly demonstrated that the
permit is being exercised for the purpose for which it was issued,
or if the work so authorized is suspended or discontinued for a period
of one year.
Certificates of occupancy shall be issued by the Zoning Administrator
in accordance with the following provisions:
A.
Certificate of occupancy required. A certificate of occupancy shall
be required in advance of occupancy or use of:
B.
Issuance of certificate of occupancy. The Zoning Administrator shall
sign and issue a certificate of occupancy, as stated on the application
for such certificate and signed thereto by the owner or his or her
appointed agent, if found to conform to the applicable provisions
set forth herein and if the building, as finally constructed, complies
with the sketch or plan submitted for the zoning and building permit.
C.
Denial of certificate of occupancy. A certificate of occupancy shall
not be issued unless the proposed use of a building or land conforms
to the applicable provision set forth herein.
The Board of Zoning Appeals shall consist of five regular members
and one alternate member who shall be appointed by the Circuit Court
of Rockingham County.
A.
Terms of office. Appointments shall be made for five years each.
The Secretary of the Board of Zoning Appeals shall notify the Circuit
Court at least 30 days in advance of the expiration of any term of
office. A regular member or alternate member whose term expires shall
continue to serve until his or her successor is appointed.
B.
Public office held. No regular member or alternate member shall hold
any public office, except that one regular member shall be a member
of the Planning Commission.
C.
Compensation. Regular members and the alternate member of the Board
may receive such compensation as may be authorized by the governing
body. The compensation of the alternate member shall be the same as
the compensation of regular members.
D.
Vacancies. Appointments for vacancies occurring otherwise than by
expiration of term shall in all cases be for the unexpired term. Regular
members and alternate members shall be removable for cause by the
Circuit Court upon written charges and a hearing held after at least
15 days' written notice.
The Board shall observe the following procedures:
A.
Said Board shall adopt rules in accordance with the provisions of
this chapter and consistent with other ordinances of the Town of Elkton
and general laws of the Commonwealth for the conduct of its affairs.
[Amended 12-18-2000]
B.
Said Board shall elect a Chair, Vice Chair, and Secretary from its
own membership who shall serve annual terms as such and may succeed
themselves.
C.
Said Board will keep a full public record of its proceedings and
shall submit a report of its activities to the Town Council at least
once each year.
D.
All meetings of said Board shall be open to the public.
E.
Any member of said Board shall be disqualified to act upon a matter
before said Board with respect to property in which the member has
an interest.
F.
The meetings of said Board shall be held at the call of the Chair
and at such other times as a quorum of said Board may determine.
G.
The Chair, or in his or her absence the Vice Chair or acting Chair,
may administer oaths and compel the attendance of witnesses.
H.
A quorum shall be at least three members.
I.
A favorable vote of three members of said Board shall be necessary
to reverse any order, requirement, decision, or determination of any
administrative official or to decide in favor of the applicant on
any matter upon which said Board is empowered.
The Board of Zoning Appeals shall have the following duties
and powers:
A.
To hear and decide appeals from any order, requirement, decision,
or determination made by an administrative officer in the administration
or enforcement of this chapter.
B.
To authorize upon original application in specific cases, such variance
from the terms of this chapter as will not be contrary to the public
interest, when, owing to special conditions a literal enforcement
of the provisions will result in unnecessary hardship, provided that
the spirit of this chapter shall be observed and substantial justice
done as follows:
(1)
When a property owner can show that this property was acquired
in good faith and where by reason of the exceptional narrowness, shallowness,
size or shape of a specific piece of property at the time of the effective
date of this chapter, or where by reason of exceptional topographic
conditions or other extraordinary situation or conditions of such
piece of property, or of the use or development of property immediately
adjacent thereto, the strict application of the terms of this chapter
would effectively prohibit or unreasonable restrict the use of the
property or where the Board is satisfied, upon the evidence heard
by it, that the granting of such variance will alleviate a clearly
demonstrable hardship approaching confiscation, as distinguished from
a special privilege or convenience sought by the applicant, provided
that all variances shall be in harmony with the intended spirit and
purpose of this chapter.
(2)
No such variance shall be authorized by the Board unless it
finds:
(a)
That the strict application of this chapter would produce undue
hardship.
(b)
That such hardship is not shared generally by other properties
in the same zoning district and the same vicinity.
(c)
That the authorization of such variance will not be of substantial
detriment to adjacent property and that the character of the district
will not be changed by the granting of the variation.
(3)
No such variance shall be authorized except after notice and
hearing as required by § 15.2-2204 of the Code of Virginia,
1950, as amended.
[Amended 12-18-2000]
(4)
No variance shall be authorized unless the Board finds that
the condition or situation of the property concerned or the intended
use 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 this chapter.
(5)
In authorizing a variance, the Board may impose such conditions
regarding the location, character, and other features of the proposed
structure for use as it may deem necessary in the public interest,
and may require a guarantee or bond to insure that the conditions
imposed are being and will continue to be complied with.
C.
Support. Within the limits of funds appropriated by the governing
body, the Board of Appeals may employ or contract for secretaries,
clerks, legal counsel, consultants, and other technical and clerical
services.
[Added 12-18-2000]
Applications for variances are to be made by any property owner,
tenant, government official, department, board, or bureau.
A.
Application. Application shall be made to the Zoning Administrator.
The application shall be accompanied by an acceptable site plan with
such reasonable information shown thereon as may be required by the
Zoning Administrator. Such site plan shall include, as a minimum,
the following: lot dimensions with property line monuments located
thereon; location and size of existing and proposed structures; yard
dimensions and the use of structures; easements (private and public);
watercourses; fences; road names and road right-of-way lines; and
such other information regarding abutting property as directly affects
the application. The application and accompanying maps, plans, or
other information shall be transmitted promptly to the Secretary of
the Board. The Zoning Administrator shall also transmit a copy of
the application and materials to the local commission which may send
a recommendation to the Board within 30 days or appear as a party
at the hearing.
B.
Hearing and action. The Secretary shall place the matter on the docket
to be acted upon by the Board. No such variance shall be authorized
except after notice and hearing as required by § 15.2-2204
of the Code of Virginia, 1950, as amended. The Board shall decide
same within 30 days from the date of such hearing.
C.
Limitation of hearings. A property owner, or his or her appointed
agent, shall not initiate action for a hearing before the Board relating
to the same parcel of land more often than once every 12 months without
specific approval of the Board.
D.
Withdrawal of application. Any petition for a hearing before the
Board may be withdrawn prior to action thereon, by said Board at the
discretion of the person, firm, or corporation initiating such request
upon written notice to the Secretary of said Board.
E.
Fee. Each application for a variance shall be accompanied by payment of a fee as set forth in Article X to help defray the cost of publicizing and conducting the public hearing. Upon withdrawal of an application, the fee required will be refunded provided no expenditures have been made for publicizing or conducting the public hearing at the time the notice is received.
Requests for a hearing before the Board of Zoning Appeals for
an administrative review shall observe the following procedures:
A.
An appeal to the Board may be taken by any person aggrieved by, or
by an officer, department, board, or bureau of the Town of Elkton
affected by, any decision of the Zoning Administrator within 30 days
after the decision.
B.
Applications for appeal shall be submitted to the Zoning Administrator
who shall refer the application to the Board, such applications shall
specify the grounds for appeal.
C.
The Zoning Administrator shall forthwith transmit to the Board all
of the papers constituting the record upon which the action being
appealed was taken.
D.
An appeal shall stay all proceedings in furtherance of the action
being appealed unless the Zoning Administrator certifies to the Board
that, by reason of acts stated in the certificate, a stay would in
his or her opinion cause imminent peril to life or property, in which
case proceedings shall not be stayed otherwise than by a restraining
order granted by the Board or by a court of record, and on notice
to the Zoning Administrator and for good cause shown.
E.
The Board shall fix a reasonable time for the hearing of appeals;
the Board shall consider appeals after notice and hearing as required
by § 15.2-2204 of the Code of Virginia, 1950, as amended,
and decide the same within 30 days from the date of such public hearing.
F.
In exercising the powers granted the Board in § 110-806 of this chapter, said Board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or may modify the order, requirements, decisions, or determination of the Zoning Administrator, and to that end shall have all the powers of the Zoning Administrator and may issue or direct the issuance of a zoning and building permit.
G.
Any application for appeal before the Board may be withdrawn prior
to action hereon by said Board at the discretion of the person, firm,
or corporation initiating such a request upon written notice to the
Secretary of said Board.
H.
Each application for an appeal shall be accompanied by payment of a fee as set forth in Article X to help defray the cost of publicizing and conducting the public hearing. Upon withdrawal of an application, the fee required will be refunded, provided that no expenditures have been made for publicizing or conducting the public hearing at the time the notice is received.
A.
Any person or persons jointly or severally aggrieved by any decision
of the Board, or any taxpayer or any officer, department, board, or
bureau of Elkton, may present to the Circuit Court of Rockingham County
a petition specifying the grounds on which aggrieved within 30 days
after the filing of the decision in the office of the Board.
B.
Upon the presentation of such petition, the Court shall allow a writ
of certiorari to review the decision of the Board and shall prescribe
therein the time within which a return thereto must be made and served
upon the aggrieved'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 being appealed, but the Court
may, on application, on notice to the Board, and on due cause shown,
grant a restraining order.
C.
The Board shall not be required to return the original papers acted
upon by it, but shall be sufficient to return certified or sworn copies
thereof of such portions thereof as may be called for by such writ.
The return shall concisely set forth such other facts as may be pertinent
and material to show the grounds of the decision being appealed and
shall be verified.
D.
If, upon the hearing, it shall appear to the Court that testimony
is necessary for the proper disposition of the matter, it may take
evidence or appoint a commissioner to take such evidence as it may
direct and report the same to the Court with his or her findings of
fact and conclusions of law, which shall constitute a part of the
proceedings upon which the determination of the court shall be made.
The Court may reverse or affirm, wholly, or in part, or may modify
the decision brought up for review.
E.
Costs shall not be allowed against the Board, unless it shall appear
to the Court that it acted in bad faith or with malice in making the
decision being appealed.
A.
Subdivision Administrator. The Subdivision Administrator shall be
appointed by and shall serve at the pleasure of the Elkton Town Council
which shall fix the compensation of the Administrator.
B.
Powers and duties relative to Subdivision Administration. The Subdivision Administrator is authorized and empowered on behalf of and in the name of the Elkton Town Council to administer and enforce the provisions set forth in Article IX of these regulations, other pertinent provisions, and § 15.2-2240 et seq., Code of Virginia 1950, as amended. The Administrator may call for opinions or decisions, either verbal or written, from other departments in considering details of any submitted plat. This authority, by the agent, shall have particular reference to the resident Highway Engineer and the Health Official.
C.
Subdivision administration process. Figure 2 outlines the administrative process to be followed under the provisions of the subdivision regulations found in Article IX.[1]
[1]
Editor's Note: Figure 2 is included at the end of this chapter.
