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Amherst County Unincorporated
City Zoning Code

ARTICLE XV

LEGAL STATUS PROVISIONS

1501.- Violations.

1501.01. All permits and licenses to conform. All departments, officials, and public employees of the county who are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this ordinance. Any such permit, if issued on conflict with the provisions of this ordinance, shall be null and void.

1501.02. Relation to subdivision of land. Upon effective date of this ordinance, the following provisions shall be in effect:

1.

No person shall subdivide land without making and recording a plat of such subdivision and without fully complying with the provisions of this ordinance.

2.

No such plat of any subdivision shall be recorded unless and until it shall have been submitted to and approved by the zoning administrator.

3.

No person shall sell or transfer any land of a subdivision, before such plat has been duly approved and recorded as provided herein, unless such subdivision was lawfully created prior to June 4, 1956, provided that nothing herein contained shall be construed as preventing the recordation of the instrument by which such land is transferred or the passage of title as between the parties to the instrument.

4.

No clerk of any court shall file or record a plat of a subdivision required by this ordinance to be recorded until such plat has been approved as required herein.

1502. - Complaints regarding violations.

Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the zoning administrator. The zoning administrator shall record such complaint, immediately investigate, and take action thereon provided by this ordinance.

1503. - Penalties.

1503.01. General penalties. Any person, firm or corporation, whether as principal agent, employed or otherwise, violating, causing or permitting the violation of any of the provisions of this ordinance, except as provided for in Section 1503.02 herein, shall be guilty of a misdemeanor and, upon conviction thereof, may be fined up to three hundred (300) dollars. Such person, firm or corporations shall be deemed to be guilty of a separate offense for each and every day during which any portion of any violation of this ordinance is committed, continued, or permitted by such person, firm or corporation and shall be punishable as herein provided.

1503.02. Other penalties relating to subdivision of land. The following penalties for violation of the subdivision of land provisions of this ordinance shall apply:

1.

Any person, firm or corporation, whether as principal agent, employed or otherwise, violating the provisions in Section 1501.02(1) through (3) herein shall be subject to a fine of not more than five hundred (500) dollars for each lot or parcel of land so subdivided or transferred or sold and shall be required to comply with all provisions of Article 6 of Title 15.2 of the Code of Virginia and of this subdivision ordinance; and the description of such lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not except the transaction from such penalties or from the remedies herein provided.

2.

Any clerk of any court violating the provisions in Section 1501.02(4) herein shall be subject to the penalties of Section 17.1-223, Code of Virginia, 1950, as amended.

(Ord. of 2-17-04)

1504. - Conflict with other laws and private contracts.

1504.01. Governmental laws. Wherever the requirements of this ordinance are at variance with the requirements of any other lawfully adopted statutes, rules, regulations or ordinances, the most restrictive or that imposing higher standards shall govern.

1504.02. Private contracts. This ordinance bears no relation to any private easement, covenant, agreement or restrictions, nor does this ordinance grant the authority to any public official the responsibility of enforcing such private easement, covenant, agreement or restriction implied herein. In the enforcement of the provisions herein, where such provisions are more restrictive than those required by private contracts, the provisions of this ordinance shall govern.

1505. - Validity.

Each phrase, sentence, paragraph, section, or other provision of this ordinance is severable from all other such phrases, sentences, paragraphs, sections, and provisions. Should any phrase, sentence, paragraph, section or provision of this ordinance be declared by the courts to be unconstitutional or invalid, such declaration shall not affect any other portion or provision of this ordinance.

1506. - Repealed resolutions and ordinances.

This ordinance is a comprehensive enactment of all the resolutions and ordinances of the county relating to zoning and the regulation of subdivisions. All prior ordinances affecting zoning and subdivision regulation are hereby repealed.

1507. - Effective date.

This ordinance, and any amendment thereto, shall take effect and be in force at the time of adoption of this ordinance, or any amendment thereto.

A certified copy of the foregoing zoning and subdivision ordinance of Amherst County, Virginia, shall be filed in the office of the zoning administrator of the county and in the office of the clerk of the circuit court of Amherst County, Virginia. A recorded vote taken on the foregoing ordinance resulted as follows:

AYES: NAYS:
Vernon Wood _______ _______
Leon Parrish _______ _______
Thomas Fore _______ _______
Joseph Albert _______ _______
Roy Wood _______ _______