Article X

ADMINISTRATIVE PROCEDURES

1001. Zoning Administrator

The Zoning Administrator shall be the Director of Planning & Community Development or other official designated by the City Manager.

1001.01 Powers and Duties of the Zoning Administrator. The Zoning Administrator is authorized and empowered on behalf of and in the name of the Council to administer and enforce the provisions set forth herein to include receiving applications, inspecting premises, issuing Zoning Permits for uses and structures which are in conformance with the provisions of this Ordinance. The Zoning Administrator shall have all necessary authority on behalf of the Council to administer and enforce this Ordinance, including the ordering in writing of the remedying of any condition found in violation of this Ordinance, and the bringing of legal action, including injunction, abatement, or other appropriate action or proceeding, to insure compliance with this Ordinance. The Zoning Administrator does not have the authority to take final action on applications or matters involving variances on which final action is reserved for the Board of Zoning Appeals, nor on conditional uses on which final action is reserved to the City Council.

1001.02 Powers and Duties Relating to Subdivision Regulation. The Zoning Administrator is authorized and empowered to act as the agent of the Council in dealing with subdivision procedures and shall have the following duties and responsibilities:

a. The Zoning Administrator shall establish such administrative rules and procedures as are necessary to the proper administration of subdivision procedures.

b. The Zoning Administrator shall, as required in the performance of duties specified in this Article, consult with other departments of City government in considering details of any submitted plat.

c. The Zoning Administrator may waive procedural and design requirements provided land subdivided is along a publicly dedicated and approved street accepted for maintenance by the City and where no new streets, water or sewer lines are involved.

d. The Zoning Administrator shall verify that any conditions or stipulations made by Council in the Preliminary Review are performed. Upon the satisfactory completion of such conditions and other requirements of the Final Plat as specified in Section 1204 the approval of the Zoning Administrator shall constitute Final Plat Approval.

1002. Zoning Permits

Zoning Permits shall be issued in accordance with the following provisions and procedures:

1002.01 Issuance and Display. The Zoning Administrator shall issue a Zoning Permit, which may be incorporated into the Building Permit issued under the Building Code, for any permitted use or structural alteration, provided such proposed use of land or structure, or structural alteration, is in conformance with the provisions set forth herein. The Zoning Permit shall indicate whether the use is a permitted use, a conditional use, or a variance. For land uses or alterations affecting five parcels or less, such permit shall be conspicuously posted and displayed on the premises during the period of construction or reconstruction.

1002.02 Application Procedures for Permitted Uses. Applications for a Zoning Permit shall be submitted to the Zoning Administrator according to the following provisions:

a. An application for a Zoning Permit for a permitted use shall be accompanied by two copies of an acceptable site plan drawn at a scale of no more than one (1) inch to 100 feet, with such reasonable information shown thereon as shall be required by the Zoning Administrator. Such site plan shall include but not be limited to the following information:

1. The name of the owner, the name of the surveyor or engineer who prepared the plan; tax map and parcel number; zoning, together with description of any variances; owner, zoning, tax map and parcel number and present use of adjacent parcels; departing lot lines, minimum setback lines, yard and building separation requirements; north point; scale; one datum reference for elevation; the source of the topography; the source of the survey; sheet number and total number of sheets; date of drawing; date and description of latest revision; vicinity map at a scale of one (1) inch equals 2000 feet, and boundary dimensions.

2. Existing topography for the entire site and a minimum of 200 feet outside of the site unless otherwise approved by the agent. Areas with up to twenty percent (20%) slope shall be shown with no larger than five (5) foot contours; areas with slopes over twenty percent (20%) slope shall be shown with no larger than (10) foot contours. Proposed grading (shown with no larger than five (5) foot contours) supplemented where necessary by spot elevations and indicating areas of the site where existing slopes are twenty-five percent (25%) or greater.

3. Location and dimensions of all existing and proposed improvements including buildings (maximum footprint and height) and other structures; walkways; fences; walls; trash containers; outdoor lighting; parking lots and other paved areas, loading and service areas, and signs.

4. One hundred year flood plain limits as shown on the official Flood Insurance Maps for the City of Bedford.

5. Location of existing and proposed streets and street right of ways; provision and schedule for noise abatement in accordance with the standard of VDOT; ingress to and egress from the site; utilities and utility easements; water, sewer and drainage facilities, and other facilities and utilities on and adjacent to the site.

6. Provision and schedule for the adequate control of natural and storm water, indicating the location, size, type and grade of ditches, catch basins, and pipes and connection to existing drainage systems; provisions and schedule for the adequate control of erosion and sedimentation.

7. Any other information regarding abutting property as directly affects this application.

b. Each application for a Zoning Permit shall be accompanied by payment of a fee, as established by the Council, to help defray expenses of administration.
[Amended 11/10/92]

c. If the proposed excavation, filling, construction, or movement set forth in said sketch or plan are in conformity with the provisions set forth herein, and other appropriate codes and regulations of the City then in effect, the Zoning Administrator shall sign and return one (1) copy of the site plan to the applicant and shall issue a Zoning Permit. The Zoning Administrator shall retain the application and one (1) copy of the site plan for his records.

d. If the application and site plan submitted described work which does not conform to the requirements set forth herein, the Zoning Administrator shall not issue a Zoning Permit, but shall return one (1) 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 Ordinance with which the submitted site plan does not comply. The Zoning Administrator shall retain one copy of the Site plan and one (1) copy of the refusal.

1002.03 Application Procedure for a Conditional Use. Applications for a Zoning Permit for a conditional use shall be submitted to the Zoning Administrator, who shall refer the application to the Council for a public hearing. Applications for Zoning Permits for conditional uses must be submitted in accordance with the following procedures:

a. An application shall be accompanied with two (2) copies of an acceptable site plan as specified in section 1002.02.

b. Each application for a Zoning Permit for conditional use shall be accompanied by payment of a fee to be determined by the Council to help defray the cost publicizing and conducting the public hearing. Such fee will be over and above any fees required by the Council for application for a Zoning Permit for a permitted use.

c. For applications concerning five parcels or less, the applicant shall post a sign, at least three square feet in area, and approved by the Zoning Administrator, notifying the public of the requested zoning change on the property for which zoning request has been received. A sign shall be placed within ten (10) feet of the property line at each street on which the property abuts. The sign shall be posted for at least ten (10) days prior to the required public hearing. The applicant must in all cases notify the adjoining and adjacent property owners according to procedures outlined in the Code of Virginia, as may be amended.

d. The application shall be sent to the Commission for review and recommendation, and said Commission shall have sixty (60) days within which to submit a report. If the Commission fails to submit a report within a sixty (60) day period, it shall be deemed to have approved the proposed conditional use.

e. The Council shall consider the proposed conditional use after notice and public hearing in accordance with Section 15.1-431 of the Code of Virginia, 1950, as amended, and shall take action on the proposed conditional use within sixty (60) days from the date of the public hearing.

f. In evaluating the proposed conditional use, the Council shall address the following concerns:

1. the effect of the proposed use on existing and projected traffic volumes and noise in the neighborhood.

2. the current and future need for the proposed use in the City and in the area; and

3. the character of the existing neighborhood and the effect of the proposed use on existing property values.

g. Conditions set forth in Article VI for the various conditional uses are minimum. In approving a proposed conditional use the Council may stipulate such additional requirements as are necessary to the public interest. The Council may require the applicant to furnish to the governing body a performance bond in an amount sufficient for and conditional upon the fulfilling of any and all conditions and requirements stipulated by the Council.

h. If the Council approves the application for a Zoning Permit for a proposed conditional use, the Zoning Administrator shall issue a Zoning Permit, indicating the conditional nature of the use, in accordance with Section 1002.028 of this Ordinance.

I. If the Council disapproves the application for a Zoning Permit for a proposed conditional use, the Council shall inform the applicant of the decision in writing within sixty (60) days from the date of the public hearing, stating the reasons for disapproval. The Zoning Administrator shall retain one (1) copy of the site plan, and two (2) copies of the refusal, and shall keep them as a public record.

j. A property owner, or his appointed agent, shall not initiate action for a Zoning Permit relating to the same conditional use affecting the same parcel of land more often than once every twelve (12) months.

1002.04 Expiration. Any Zoning Permit shall automatically expire six (6) 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 (1) year.

1003. Procedure for Requesting a Zoning Amendment

The Council may, from time to time, after examination, review, and public hearing thereon, amend, supplement or change the provisions herein or subsequently established. Proposals for zoning amendments, whether initiated by the Council, the Commission, or any person, firm, or corporation, shall be treated in accordance with the following procedure:

1003.01. An application must be submitted in writing to the Zoning Administrator and must be accompanied by such reasonable information shown thereon as shall be required by the Zoning Administrator, including, but not limited to, the following:

a. A Site Plan, as specified in section 1002.02 of this Ordinance.

b. A fee, in accordance with section 1401 of this Ordinance, to defray the cost of publicizing and conducting hearings.

1003.02. For requested zoning changes that would affect five parcels or less, the applicant shall post on the property or properties for which zoning request has been received a sign approved by the Zoning Administrator, notifying the public of the requested zoning change. A sign shall be placed within ten (10) feet of the property line at each street on which the property abuts. The sign shall be posted for at least ten days prior to the required public hearing. The applicant must in all cases notify the adjoining and adjacent property owners according to procedures outlined in the Code of Virginia, as may be amended.

1003.03. The Commission shall consider the proposed amendment after notice and public hearing in accordance with Section 15.1-431 of the Code of Virginia, as amended. The Commission shall then present the proposed amendment along with the site plans and explanatory materials, where applicable, to the Council with its recommendations. If the Commission fails to submit its recommendation to the Council within sixty (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.

1003.04. The Council shall consider the proposed amendment after notice and public hearing in accordance with Section 15.1-431 of the Code of Virginia, 1950, as amended, and shall take action on the proposed amendment within sixty (60) days from the date of the public hearing. The Council and the Commission may hold a joint public hearing in accordance with Section 1003.03.

1003.05. Any petition for a zoning amendment may be withdrawn prior to action thereon by the Council at the discretion of the persons, firms, or corporation initiating such a request, upon written notice to the Zoning Administrator.

1003.06. A property owner, or his appointed agent, shall not initiate action for a zoning amendment affecting the same parcel of land more often than once every six (6) months.

1004. Conditional Zoning

Conditional zoning provides a more flexible and adaptable zoning method, whereby a zoning classification may be allowed, subject to certain voluntary conditions proffered in writing by the zoning applicant which are not generally applicable to land similarly zoned, for the purpose of protecting the community and mitigating the impacts of the proposed zoning. Such proffered conditions may be made in conjunction with any type of rezoning application, in accord with the other provisions of this ordinance.
[Amended 8/10/98]

1004.01 The City of Bedford's acceptance of proffers pursuant to this authority shall be in accord with the procedures and standards contained in 15.2-2298 of the Code of Virginia, as amended.
[Amended 8/10/98]

1004.02 All conditions proffered by the owner shall meet the following standards:

a. The rezoning itself must give rise for the need for the conditions; [Amended 8/10/98]

b. The conditions shall have a reasonable relation to the rezoning; [Amended 8/10/98]

c. The conditions shall be in conformity with the comprehensive plan; [Amended 8/10/98]

d. The conditions must be clearly understood and enforceable; [Amended 8/10/98]

e. The conditions must not require or allow a design or standard that is less restrictive than the general provisions applicable to the zoning district. [Amended 8/10/98]

1004.03 Any such conditions should be submitted prior to the start of the Commission's public hearing on the amendment. All conditions shall be submitted prior to the start of the City Council's public hearing, and shall also be submitted in accord with any adopted City Council policy pertaining to the submittal of proffers. If proffered conditions which substantially modify the nature or impact of the proposed use are made by the owner after the Commission's recommendation on the amendment, the amendment may be referred back to the Commission for further review and action. The Commission shall have the authority to schedule a new public hearing for any request so referred. The applicant shall be responsible for all advertising costs associated with the new public hearing.
[Amended 8/10/98]

1004.04 The Commission and the Council shall not be obligated to accept any or all of the conditions made by the property owner.
[Amended 8/10/98]

1004.05 The Zoning Administrator shall be vested with all necessary authority on behalf of the Council to administer and enforce conditions attached to a rezoning or amendment to a zoning map including issuance of stop work orders and/or in accordance with the enforcement provisions of this ordinance.
[Amended 8/10/98]

1004.06 Failure of a property owner to meet all conditions accepted by the Council shall constitute cause to deny approval of a site/development plan, or deny issuance of a zoning permit, building permit, or certificate of zoning compliance, as may be appropriate.
[Amended 8/10/98]

1004.07 Any zoning applicant, or any other person aggrieved by a decision of the Administrator made pursuant to the provisions for conditional zoning in this ordinance, may petition the Council for the review of the decision of the Administrator. All such petitions for review shall be filed with the Administrator within 30 days from the date of the decision for which review is sought. All such petitions shall specify the grounds upon which the petitioner is aggrieved.
[Amended 8/10/98]

1004.08 A surety for all required public improvements as set forth in this zoning district and shown on the plan shall be provided in accordance with this ordinance, in conjunction with the approval of a final site plan or plan of development for the property.
[Amended 8/10/98]

1004.09 Amendments. Any request by an applicant to amend conditions that were voluntarily proffered and accepted by the City Council shall be considered an amendment to the zoning ordinance, and shall be reviewed pursuant to the provisions of this ordinance for zoning amendments.
[Amended 8/10/98]

1004.10 Records of Conditions. The zoning map shall show by an appropriate symbol on the map the existence of conditions attached to the zoning on the map. The Administrator shall keep and make available for public inspection a conditional zoning index. The index shall provide ready access to the ordinance creating the conditions in addition to the regulations provided for a particular zoning district or zone.
[Amended 8/10/98]