(a)

Generally. 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.

(1)

No building, structure, or land shall be used or occupied, and no building or structure or part thereof shall be erected, constructed, reconstructed, moved, placed or structurally altered except in conformity with all of the regulations specified in this chapter for the district in which it is located.

(2)

No building or other structure shall be erected or altered to:

a.

Exceed the height or bulk;

b.

Accommodate or house a greater number of families;

c.

Occupy a greater percentage of lot area;

d.

Have narrower or smaller rear yards, front yards, side yards or other open space than required herein; or in any other manner contrary to the provisions of this chapter.

(3)

No part of a yard, or other open space, or, off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

(4)

No yard or lot existing on the effective date of the ordinance from which this chapter is derived, shall be reduced in dimension or area below the minimum requirements set forth in this chapter. Yards or lots created after the effective date of the ordinance from which this chapter is derived shall meet at least the minimum requirements established by this chapter.

(5)

No use shall be permitted in any district which creates a nuisance by reason of excessive smoke, dust, noxious or nauseous fumes, noise or vibration.

(Ord. of 10-11-2011(3), § 2)

(a)

Generally. For the administration and enforcement of this chapter, the zoning administrator shall have all necessary authority on behalf of the town specifically including the authority to:

(1)

Order in writing that any condition found in violation of this chapter be remedied forthwith and to prescribe a timetable or deadline for such compliance.

(2)

Bring all legal actions necessary to ensure compliance with this chapter including injunction, abatement or other proceeding.

(Ord. of 10-11-2011(3), § 2)

It shall be unlawful for the owner of any land, building, structure or premises or the agent thereof having possession or control of such property or for any lessee, tenant, architect, engineer, builder, contractor or any other person to willfully violate any section of this chapter or of any ordinance authorizing the issuance of a zoning permit, a special use permit or planned unit development plan or the conditions attached thereto or to willfully fail, refuse or neglect to perform any duty imposed by this chapter. It shall be unlawful for any such owner, agent, lessee, tenant, architect, engineer, builder, contractor or other person to take part in or to assist in any such willful violation, failure, refusal or neglect or to maintain any land, building or structure in connection with which such violation, failure, refusal or neglect exists. Failure by any person to cease and desist from, or to correct, a violation within the time limits prescribed by the zoning administrator in a written notice served upon such person shall constitute prima facie evidence of a willful intent to violate 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. If the violation is uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in compliance with this chapter within a time period established by the court. Failure to remove or abate a zoning violation within the specified time period shall constitute a separate misdemeanor offense punishable by a fine of not less than $50.00 nor more than $1,000.00, and any such failure during a succeeding ten-day period shall constitute a separate misdemeanor offense punishable by a fine of not less than $100.00 nor more than $1,500.00 and any such failures during any succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-day period punishable by a fine of not less than $200.00 nor more than $2,000.00. The town shall also impose an administrative fee as set forth in the town's master list of fees, rates and charges on any violator to cover the costs arising out of an enforcement action.

(Ord. of 10-11-2011(3), § 2; Ord. of 12-8-2020(5))

Editor's note— An ordinance dated Dec. 8, 2020(5), changed the title of § 86-913 from penalties to unlawful conduct and penalties.

Generally. 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.

(Ord. of 10-11-2011(3), § 2)

(a)

As provided by Code of Virginia, § 15.2-2286 A.16., and for the purpose of enforcing the provisions of this chapter in instances directly related to apparent violations of this chapter.

(b)

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.

(c)

The zoning administrator or his/her agent shall make an affidavit under oath before a magistrate or court of competent jurisdiction and, if such affidavit establishes probable cause that a zoning ordinance violation has occurred, request that the magistrate or court grant the zoning administrator or his/her agent an inspection warrant to enable the zoning administrator or his/her agent to enter the subject dwelling for the purpose of determining whether violations of the zoning ordinance exist. After issuing a warrant under this section, the magistrate or judge shall file the affidavit in the manner prescribed by Code of Virginia, § 19.2-54. After executing the warrant, the zoning administrator or his agents shall return the warrant to the clerk of the circuit court of the city or county wherein the inspection was made.

(d)

The zoning administrator or his/her agent shall make a reasonable effort to obtain consent from the owner or tenant of the subject dwelling prior to seeking the issuance of an inspection warrant under this section.

(e)

The zoning administrator or his/her agent shall only enter the subject dwelling during daylight business hours and only for the purpose of determining whether violations of the zoning ordinance exist.

(f)

If such inspection warrant is issued, the zoning administrator or his/her agent shall make a reasonable effort to notify the owner or tenant of the premises that an inspection will be conducted. That notice must include the date and time period of the inspection. The notices required herein shall include but are not necessarily limited to:

(1)

Mailing that notice to the last known postal address of the owner(s); and

(2)

Posting it at the front door of the premises no less than five business days prior to the court hearing and five business days before the day of the inspection as the case may be.

The zoning administrator or his/her agent shall make any and all other reasonable efforts to obtain consent from the owner or tenant of the subject dwelling prior to seeking the issuance of an inspection warrant under this section.

(g)

It shall be a violation of the zoning ordinance for any owner, managing agent, tenant, occupant or other person, to deny the zoning administrator, or his/her duly authorized agent, access to any dwelling after the zoning administrator, or his duly authorized agent have obtained an inspections warrant from a court of competent jurisdiction and the foregoing notice requirements have been satisfied.

(Ord. of 12-8-2020(6), § 1)