This chapter shall be enforced by the administrator, who shall be appointed by the board of supervisors. The administrator shall serve at the pleasure of the board. Compensation for such shall be fixed by resolution of the board.

(Code 1970, § 17-5)

Cross reference— Zoning administrator designated as agent of board of supervisors to administer erosion and sediment control ordinance, § 9-1.

State Law reference— Zoning administrator, Code of Virginia, § 15.2-2286(A)(4).

Any person, whether as principal, agent, employee or otherwise, violating, or causing or permitting the violation of any of the provisions of this chapter shall be guilty of a misdemeanor punishable by a fine of not 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 the zoning ordinance, 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 more than $1,000.00; any such failure during a succeeding ten day period shall constitute a separate misdemeanor offense punishable by a fine of not more than $1,500.00; and any such failure during any succeeding ten day period shall constitute a separate misdemeanor offense for each ten day period punishable by a fine of not more than $2,000.00.

(Code 1970, § 17-9; Ord. of 3-16-25 [A-22-9], § (1))

State Law reference— Penalty for zoning ordinance violations, Code of Virginia, § 15.2-2286(a)(5).

(a)

Buildings or structures shall be started, reconstructed, enlarged or altered only after a zoning permit has been obtained from the administrator.

(b)

The commission may request a review of the zoning permit approved by the administrator in order to determine if the contemplated use is in accordance with the district in which the construction lies.

(c)

Each application for a zoning permit shall be accompanied by three copies of a scale drawing. The drawing shall show the size and shape of the parcel of land on which the proposed building is to be constructed, the nature of the proposed use of the building or land and the location of such building or use with respect to the property lines of such parcel of land and to the right-of-way of any street or highway adjoining such parcel of land. Any other information which the administrator may deem necessary for consideration of the application may be required. If the proposed building or use is in conformity with the provisions of this chapter, a permit shall be issued to the applicant by the administrator. One copy of the drawing shall be returned to the applicant with the permit.

(d)

Each application for a zoning permit shall be accompanied by an application fee in accordance with section 22-8 made payable to the Treasurer, Dinwiddie County for consideration of the issuance of the zoning permit.

(Code 1970, § 17-91; Ord. of 6-15-88; Ord. of 8-15-06, § 1)

Land may be used or occupied and buildings structurally altered or erected may be used or changed in use only after a certificate of occupancy has been issued by the administrator. Such a certificate or permit shall state that the building or the proposed use, or the use of the land, complies with the provisions of this chapter. A similar certificate shall be issued for the purpose of maintaining, renewing, changing or extending a nonconforming use. A certificate of occupancy, either for the whole or a part of a building, shall be applied for simultaneously with the application for a zoning permit. The permit shall be issued within ten days after the erection or structural alteration of such building or part has conformed with the provisions of this chapter.

(Code 1970, § 17-92)

(a)

Where permitted by this chapter, the location of hotels, motels, manufactured home parks, campgrounds, commercial amusement parks, hospitals, airports, borrow pits, hog farms, sanitary fill method garbage and refuse sites, and other permitted uses of like nature shall require, in addition to the zoning permit and certificate of occupancy, a conditional use permit. Other permitted uses as provided by this chapter shall also require, in addition to the zoning permit and certificate of occupancy, a conditional use permit. Any provisions of this chapter which allow a use with a conditional use permit shall not prohibit the board of supervisors from denying an application for a particular permit upon a finding, after public hearing, that the issuance of such permit would not be in compliance with the intent, purpose and design of this chapter and/or section 22-2 of this Code.

(b)

All conditional use permits shall contain conditions of physical development and/or physical operation as the board of supervisors deems necessary to carry out the intent of this chapter.

(c)

Any conditional use permit, irregardless of its date of issue, shall be deemed to have been abandoned after a period of 24 months continuous nonuse and such abandonment of the use shall render the conditional use permit null and void. Failure to exercise the use within 24 months after issuance of a conditional use permit shall also render the conditional use permit null and void.

(d)

Failure of the property owner to comply with the conditions imposed by the conditional use permit shall subject him to enforcement proceedings under this chapter, including revocation of the conditional use permit by the board of supervisors after notice and hearing.

(Code 1970, § 17-93, Ord. of 6-15-88; Ord. of 1-5-94)

(a)

From whom obtained. Applications for rezoning and conditional use permits shall be obtained from the zoning administrator.

(b)

Fees; use described. Each application for rezoning shall be accompanied by a check or money order made payable to the Treasurer, Dinwiddie County, in the amount specified in section 22-8.

(c)

Fees for conditional use permit and any amendments proposed for an existing conditional use permit. Each application for a conditional use permit or amendment thereto shall be accompanied by a check or money order made payable to the Treasurer, Dinwiddie County, in the amount specified in section 22-8.

(d)

Required information. Each application for rezoning or a conditional use permit shall include the following information:

(1)

A list of the names and addresses of all persons owning any legal or equitable interest in the real property which is the subject of the application as a title owner, lessee, easement owner, contract purchaser, assignee, optionee, licensee or noteholder, including trustees, beneficiaries of trusts, general partners, limited partners and all other persons or entities owning any such interest; provided, however, that the names and addresses of governmental entities, public service companies owning recorded easements over the subject property and trustees and beneficiaries under deeds of trust given as security need not be disclosed.

(2)

If any of the persons disclosed under subsection (d)(1) above is a corporation, then the application shall also list the name and address of any shareholder who owns ten percent or more of any class of stock issued by such corporation and, where such corporation has ten or fewer shareholders, a list of the names and addresses of all such shareholders. If any of the persons disclosed under subsection (d)(1) is a partnership, joint venture, trust or other entity other than a corporation, then the application shall also list the names and addresses of any persons having any interest therein equal to ten percent or more of the total of all such interests and, where ten or fewer persons own all such interest, a list of the names and addresses of all such persons. For any corporation, partnership, joint venture, trust or other entity whose owners are unknown to the applicant and whose identities cannot be ascertained by the exercise of due diligence, and for any corporation that has more than 50 shareholders or whose stock is regularly traded on a stock exchange or in the over-the-counter market, the applicant may so certify in lieu of providing a list of its stockholders or other persons having an interest therein.

(3)

If any of the persons disclosed under subsection (d)(2) above is a corporation, partnership, joint venture, trust or other entity, the application shall be sworn to under oath before a notary public or other official before whom oaths may be taken, stating whether or not any member of the planning commission or board of supervisors or of any of their immediate households owns any interest in the real property which is subject of the application as a title owner, easement owner, contract purchaser, lessee, assignee, optionee or licensee either directly or indirectly by ownership of an interest in a corporation, trust, partnership, joint venture or other entity owning any such interest. If any member of the planning commission or board of supervisors or of any of their immediate households owns any such interest, the application shall identify each commissioner, supervisor or household member and describe the nature and extent of his ownership interest. Otherwise, no further disclosure of the ownership of the real property which is the subject of the application or petition is required.

(e)

Correction of inaccurate or incomplete information. If, prior to any public hearing held in connection with such application, there has been any change in the ownership of the real property that is the subject of the application so as to make the information submitted under subsection (d) above inaccurate or incomplete, the applicant or petitioner shall, before such public hearing is held, file a list with the zoning administrator updating and correcting the information previously disclosed under subsection (d).

(Code 1970, § 17-100; Ord. of 6-18-80; Ord. of 5-21-86; Ord. of 6-15-88; Ord. of 6-16-93; Ord. of 4-21-99; Ord. of 9-21-04, §§ 4, 5; Ord. of 8-15-06, § 1)

State Law reference— Authority for above fees, Code of Virginia, § 15.1-491(f).

(a)

Purpose of action. It is the general policy of the county, in accordance with the provisions of § 15.1-489 of the Code of Virginia, 1950, as amended, to provide for the orderly development of land, for all purposes, through zoning and other land development legislation. Frequently, where competing and incompatible uses conflict, traditional zoning methods and procedures are inadequate. In these cases, more flexible and adaptable zoning methods are needed to permit differing land uses and at the same time to recognize effects of change. It is the purpose of this section to provide a more flexible and adaptable zoning method to cope with situations found in such districts through conditional zoning, whereby a zoning reclassification may be allowed subject to certain conditions preferred by the zoning applicant for the protection of the community that are not generally applicable to land similarly zoned. The provisions of this section shall not be used for the purpose of discrimination in housing.

(b)

Voluntary proffering permissible. As provided by § 15.2-2298, of the Code of Virginia, 1950, as amended, an applicant may make a voluntary proffering, in writing, of reasonable conditions, prior to a public hearing before the board of supervisors, in addition to the regulations provided for the zoning district by this chapter, as a part of a rezoning or amendment to the zoning map; provided that:

(1)

The rezoning itself must give rise to the need for the conditions;

(2)

The conditions shall have a reasonable relation to the rezoning;

(3)

All conditions are in conformity with the Dinwiddie County Comprehensive Plan;

(4)

Once proffered and accepted as part of the rezoning, such conditions shall continue in effect until a subsequent amendment changes the zoning on the property covered by the conditions, however the conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance;

(5)

No proffer may be accepted by the county unless there is an adopted capital improvement plan;

(6)

In the event the proffered conditions include the dedication of real property or the payment of cash, such property shall not transfer and such payment of cash shall not be made until the facilities for which such property is dedicated or cash is tendered are included in the county's capital improvement plan, however nothing in this section shall prevent the county from accepting proffered conditions which are not normally included in a capital improvement plan;

(7)

If proffered conditions include the dedication of real property or the payment of cash, the proffered conditions shall provide for the disposition of the property or cash payment in the event the property or cash payment is not used for the purpose for which proffered.

(c)

Authority of zoning administrator. The zoning administrator shall be vested with all necessary authority to administer and enforce conditions attached to a rezoning or amendment to the zoning map, including:

(1)

The ordering in writing of the remedy of any noncompliance with such conditions;

(2)

The bringing of legal action to ensure compliance with such conditions, including injunction, abatement or other appropriate action or proceeding; and

(3)

Requiring a guarantee, satisfactory to the board of supervisors, in an amount sufficient for and conditioned upon the construction of any physical improvements required by the contractor's guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by the board of supervisors, or agent thereof, upon the submission of satisfactory evidence that construction of such improvements has been completed in whole or in part.

Failure to meet all conditions shall constitute cause to deny the issuance of any of the required use, occupancy or building permits, as may be appropriate.

(d)

Zoning map; conditional zoning index. The zoning map shall show, by an appropriate symbol on the map, the existence of conditions attaching to the zoning on the map. The zoning administrator shall keep in his office and make available for public inspection a conditional zoning index. The index shall provide ready access to the ordinance creating conditions in addition to the regulations provided for in a particular zoning district.

(e)

Review of decisions of administrator. Any zoning applicant who is aggrieved by the decisions of the zoning administrator pursuant to the provisions of this section may petition the board of supervisors for review of the decision of the zoning administrator.

(f)

Amendment/variations after public hearing only. There shall be no amendment or variation of conditions created pursuant to this section until after a public hearing before the board of supervisors advertised pursuant to the provisions of § 15.2-2204 of the Code of Virginia, 1950, as amended. Each application for amendment shall be accompanied by a check or money order made payable to the Treasurer, Dinwiddie County, in the amount specified in section 22-8.

(Code 1970, § 17-93.1; Ord. of 9-21-04, § 6; Ord. of 10-5-04; Ord. of 8-15-06, § 1)

State Law reference— Similar provisions, Code of Virginia, §§ 15.2-2296—15.2-2302.

(a)

Prior to accepting an application for a rezoning or a conditional use permit, the zoning administrator may require the applicant to pay for the cost of technical reviews that may be necessary to properly evaluate the impact of the proposed change in land use. Such technical reviews may be required when:

(1)

The application involves, but is not limited to, the following conditional uses and the zoning administrator determines that such studies are required for the proper consideration of the application: Veterinary hospital; communication tower; county-owned solid waste disposal facility; motels; airports; manufactured home park; sand, gravel and crushed stone operations; asphalt mixing plant, when located at a stone quarry site; concrete/cement mixing plant, when located at a stone quarry site; motor sports complex; agriculturally oriented ethanol plant; open pit mining; storage of explosives; propane bulk storage facility; general hospitals; wholesale business and storage warehouse; tractor trailer service station; melting, reprocessing, rolling, drawing, extruding, casting, and forging of ferrous and nonferrous metals; commercial and service facilities whose function(s) are solely oriented to the needs of the industries located in the industrial district; underground facilities for pipelines, electrical power and energy, distribution lines, telephone and telegraph.

(2)

The application (1) involves a use with significant land disturbing, environmental, or engineering issues, (2) requests a change in zoning classification from agricultural or residential to business or industrial, (3) increases the intensity of uses on the property significantly, including an increase in the density of housing units, (4) increases the traffic flow in the immediate area by 20 percent or more, (5) is likely to have a particular adverse impact on the surrounding land uses; or (6) involves a use that may create a disturbance to the peace and tranquility of land uses in the immediate vicinity. Such disturbances may be, but are not limited to, excessive noise, dust, light, environmental pollution.

(b)

The technical review(s) that may be required will be performed by engineering, environmental, transportation, architectural, landscape architecture, land surveying, archeologists, or other professionals approved by the county.

(c)

If the zoning administrator requires that a technical review(s) be conducted and the applicant does not agree to pay for such review(s), the application will be deemed to be incomplete and no further action will be taken on it.

(d)

An applicant who disagrees with the need for a technical review(s), may request the planning commission to deem the application complete without the requested technical review(s). A request to have the planning commission deem the application complete without the technical review(s) must be received by the zoning administrator 14 work days prior to the next regularly scheduled meeting of the planning commission. The planning commission without a public hearing will hear the request.

(e)

The planning commission and/or the board of supervisors may require additional technical reviews as it may determine necessary to consider the application.

(f)

If a technical review(s) is required, the applicant shall pay, in addition to any filing fee for such application, the fee necessary to cover the costs for the technical review(s).

(Ord. of 5-6-03)

Editor's note— Formerly, § 22-25, pertaining to administrative permits for certain manufactured housing, and derived from an ordinance enacted Jan. 5, 1994, was deleted by an ordinance of Sept. 20, 1995.

Farm operation manufactured home shall not exceed four manufactured homes per farm according to the following table:

The location, placement and use of such manufactured homes shall be subject to the following requirements in addition to any other requirements as may be set forth in this section:

(a)

Head of household. The head of the household who occupies each such manufactured home shall be gainfully employed full time on the farm operation.

(b)

Reclassification. In the event the land upon which each such manufactured home is located shall be reclassified to a residential, business or industrial district, the affected manufactured home shall be removed from the land so reclassified within 90 days following the effective date of the reclassification. This paragraph shall not apply to manufactured houses for farm workers employed in farming operations.

(c)

Accounting. Any farm operation with manufactured homes for farm employees must give the county a sworn accounting of the status of these manufactured homes between January 1 and January 31 of every year. This accounting will include persons who have lived in these homes for the past 12 months and their employment status on the farm.

(Ord. of 1-5-94; Ord. of 9-20-95)

Editor's note— An ordinance adopted June 7, 2005, repealed § 22-27, which pertained to zoning administrator; authority to grant administrative variances and derived from Ord. of Dec. 4, 1996; Ord. of Sept. 21, 2004, § 7.

Prior to the initiation of an application by the owner of the subject property, the owner's agent, or any entity in which the owner holds an ownership interest greater than 50 percent, for a special exception, conditional use permit, variance, rezoning or other land use permit, or prior to the issuance of final approval, the applicant shall produce satisfactory evidence that any delinquent real estate taxes, nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on the subject property, that are owed to Dinwiddie County and have been properly assessed against the subject property have been paid. Delinquent taxes shall be interpreted to include such things as interest and penalty charges.

(Ord. of 2-4-98; Ord. of 12-18-12 [A-12-11], § 1)

State Law reference— Similar provisions, Code of Virginia § 15.2-2286.