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Frederick County Unincorporated
City Zoning Code

ARTICLE II

Administration

§ 165-201.01 Appointment, powers, and duties.

A. 
The Board of Supervisors of the County shall appoint a Director of Planning and Development who has the following powers and duties:
(1) 
Administrative powers and duties as set forth in this chapter; and
(2) 
The power to delegate such administrative responsibilities and duties to other members of County staff who report to him or her.
B. 
The Board of Supervisors shall also appoint a Zoning Administrator who shall serve under the direction of the Director of Planning and Development. The Zoning Administrator has the powers and duties conferred on him or her by this chapter and Code of Virginia, § 15.2-2286(A)(4).
C. 
Interpretations by the Zoning Administrator and/or the Director of Planning and Development in the administration of this chapter may be appealed to the Board of Zoning Appeals (BZA) following procedures set forth in Article III, Permits and Applications, of this chapter.

§ 165-202.01 Appointment; terms; membership; compensation; removal.

The Board of Supervisors shall create and organize a Planning Commission as provided in Code of Virginia, §§ 15.2-2203 and 15.2-2210 et seq., and Chapter 21, Planning Commission, of the Frederick County Code.

§ 165-202.02 Powers and duties.

The Planning Commission has the functions, powers, and duties provided in Code of Virginia, §§ 15.2-2221 and 15.2-2230 et seq., 15.2-2285, and 15.2-2223 et seq.

§ 165-202.03 Meetings and procedures.

A. 
The Planning Commission shall conduct meetings and public hearings pursuant to Code of Virginia, §§ 15.2-2214 through 2217.
B. 
After the conclusion of the public hearing provided for in Code of Virginia, § 15.2-2204, and Article III, Permits and Applications, of this chapter, unless proceedings are terminated as provided herein, the Planning Commission shall report to the Board of Supervisors its recommendation.

§ 165-202.04 Expenditures, gifts, and donations.

The Planning Commission may expend sums appropriated to it for its purposes and activities as provided in Code of Virginia, § 15.2-2222 et seq.

§ 165-203.01 Appointment; terms; membership; compensation.

A. 
A BZA is hereby created and organized pursuant to Code of Virginia, §§ 15.2-2203 and 15.2-2308 et seq.
B. 
The BZA shall consist of five members appointed for five-year terms by the circuit court of the County.

§ 165-203.02 Powers and duties.

A. 
Pursuant to Code of Virginia, § 15.2-2309, the BZA has the following powers and duties:
(1) 
Appeals. To hear and decide appeals from any order, requirement, decision, or determination made by the Zoning Administrator, Director of Planning and Development, or other administrative officer with authority to administer or enforce this chapter, as outlined in Article III, Part 311.
(2) 
Variances. To hear and decide applications for variances, as defined in Code of Virginia, § 15.2-2201, from specific terms or requirements of this chapter in specific cases. Standards and procedures for determining variances are outlined in Article III, Part 305, of this chapter.
(3) 
Map interpretations. To hear and decide applications for the interpretation of the Zoning District Map where there is any uncertainty as to the location of a district boundary.
(a) 
The BZA shall interpret the map under the principles set forth in § 165-103.03 and in such a way as to carry out the intent and purpose of this chapter for the particular district in question.
(b) 
The BZA shall not have the power to substantially change the locations of district boundaries as established by this chapter.
(c) 
The BZA shall not have power to rezone property.

§ 165-203.03 Meetings and procedures.

A. 
The BZA may make, alter, or rescind rules and forms for its procedures consistent with the Code of Virginia and this chapter.
B. 
Meetings of the BZA shall be held in accordance with the annual meeting calendar adopted during the first meeting of each calendar year.
C. 
A regular meeting of the BZA shall be held at the call of its chair or at such time as a quorum of the Board may determine.
D. 
The chair or, in their absence, the acting chair may administer oaths and compel the attendance of witnesses.
E. 
The BZA shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact. It shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the BZA and shall be a public record.
F. 
All meetings of the BZA shall be open to the public.
G. 
All ex parte communications shall comply with the requirements of Code of Virginia, § 15.2-2308.1.

§ 165-204.01 Authority.

A. 
As provided in Article I, General Provisions, of this chapter, conformity with the chapter is required. Failure to comply with the requirements of the chapter constitutes a violation thereof and is declared to be unlawful.
B. 
Any person who knowingly makes any false statements, representations, or certifications in any record, report, or other document, either filed or requested pursuant to this chapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required or used by the Administrator under this chapter in monitoring discharges, shall be guilty or liable for a violation of this chapter.

§ 165-204.02 Complaints.

A. 
Whenever a violation of this chapter occurs or is alleged to have occurred, any person may make a complaint to the Zoning Administrator, stating fully the case and basis of the complaint. The Zoning Administrator shall record such complaint immediately and investigate and take action as provided by this chapter.
B. 
The Zoning Administrator may enter upon or inspect any land or structure to ensure compliance with the provisions of this chapter, after requesting and receiving approval of the landowner to enter for these purposes. If consent is not given by the landowner, the Zoning Administrator may enter upon land in accordance with Code of Virginia, § 15.2-2286(A)(16).

§ 165-204.03 Notice of violation.

A. 
When the Zoning Administrator determines that a violation has occurred, a notice of the violation shall be sent to the person committing or permitting the violation.
B. 
The notice of violation shall specify:
(1) 
The nature of the violation;
(2) 
A reference to the pertinent section or sections of this chapter;
(3) 
The date or dates on which the violation was observed;
(4) 
The remedy or remedies necessary to correct the violation, if provided by this chapter;
(5) 
A reasonable time period for the correction of the violation, which shall be no more than 24 months nor less than 30 days, unless a shorter time is required for good cause;
(6) 
A statement informing the recipient that they may have a right to appeal the notice of zoning violation or written order within 30 days in accordance with the Code of Virginia, § 15.2-2311; and
(7) 
That the decision is final and unappealable if not appealed within 30 days.
C. 
The interpretation of the Zoning Administrator that a violation has occurred may be appealed to the BZA following procedures set forth in Article III, Part 311, of this chapter. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the BZA that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. If such a certificate is filed, proceedings shall not be stayed otherwise than by a restraining order entered by the BZA or by a court of record, on application and notice to the Zoning Administrator and for good cause shown.

§ 165-204.04 Remedies and penalties of violation.

A. 
If the violation continues after the time period specified in the notice of violation to come into compliance expires, the Zoning Administrator may initiate injunction, mandamus or any other appropriate action to ensure compliance with this chapter, pursuant to Code of Virginia, § 15.2-2208.
B. 
The remedies provided in the penalties sections below are cumulative, not exclusive, and shall be in addition to any other remedies provided by law.
(1) 
Civil penalties. The Board of Supervisors may adopt an ordinance which establishes a uniform schedule of civil penalties for violations of specific provisions of this chapter according to the provisions of the Code of Virginia, as amended.
(a) 
Such schedule of offenses shall not include any zoning violation resulting in injury to any person or persons.
(b) 
The civil penalty shall be a fine established by the schedule. The fine shall be in lieu of criminal sanctions, and except for any violation resulting in injury to any person or persons, such designation shall preclude the prosecution of a violation as a criminal misdemeanor.
(c) 
Any person summoned for a violation subject to a civil penalty may provide a waiver of trial and admission of liability and pay the civil penalty to the County Treasurer. Notwithstanding such payment, the person summoned must abate or remedy the violation within the lesser of the period set forth in any notice of violation issued by the Zoning Administrator relating to the violation or 30 days after the date of admission of liability.
(d) 
Such person shall be informed of their right to stand trial and that an admission of liability will have the same effect as a judgment of the court.
[1] 
If a person charged with a scheduled violation does not elect to enter a waiver of trial and admission of liability, the violation shall be tried in the General District Court as provided for by law.
[2] 
An admission of liability or finding of liability shall not be a criminal conviction.
(2) 
Criminal penalties.
(a) 
Any person who violates any provision of this chapter or who uses land or constructs or alters structures in a fashion that is not in conformance with the requirements and procedures in this chapter shall be guilty of a misdemeanor.
[1] 
Upon conviction of such misdemeanor, such person(s), firm or corporation shall be subject to punishment by a fine of not less than $10 nor more than $1,000.
(b) 
If this violation is uncorrected at the time of conviction, the court shall order the violator to abate or remedy such violation in compliance with the Zoning Ordinance, within a time period established by the court.
(c) 
Failure to remove or abate a zoning violation within a specified time period shall constitute a separate misdemeanor offense punishable by a fine of not less than $10 nor more than $1,000; any such failure during a succeeding 10-day period shall constitute a separate misdemeanor offense punishable by a fine of not less than $10 nor more than $1,500; and any such failure during any succeeding 10-day period shall constitute a separate misdemeanor offense for each 10-day period punishable by a fine of not less than $10 nor more than $2,000, in accordance with Code of Virginia, § 15.2-2286(A)(5).
(d) 
Criminal penalties for violations of provisions regulating unrelated persons in single-family residential dwellings shall be in accordance with Code of Virginia, § 15.2-2286(A)(5).

§ 165-205.01 Fees and charges.

A. 
The Board of Supervisors shall establish, by ordinance, a uniform schedule of fees, charges, expenses and collection procedures for rezonings, conditional use permits, variances, site plan reviews, zoning use permits, temporary use permits, certificates of occupancy, certificates of appropriateness, appeals, and all other matters pertaining to this chapter.
B. 
The schedule of fees will be available for inspection in the office of the Zoning Administrator and may be altered or amended by the Board of Supervisors by ordinance.