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Greene County Unincorporated
City Zoning Code

ARTICLE 20

- ADMINISTRATION, INTERPRETATION AND ENFORCEMENT

20-1 - [Administrator.]

This ordinance shall be enforced by the administrator who shall be appointed by the governing body. The administrator shall serve at the pleasure of that body. Compensation for such shall be fixed by resolution of the governing body.

(Ord. of 6-12-18)

20-2 - [Construction of buildings.]

Nothing contained herein shall require any change in the plans or construction of any building or structure for which a permit was granted prior to the effective date of this ordinance. However, such construction must commence within 30 days after this ordinance becomes effective. If construction is discontinued for a period of six months or more, further construction shall be in conformity with the provisions of this ordinance for the district in which the operation is located.

(Ord. of 6-12-18)

20-3 - Interpretation.

Unless district boundary lines are fixed by dimensions or otherwise clearly shown or described, and where uncertainly exists with respect to the boundaries of any of the aforesaid as shown on the zoning map, the following rules shall apply.

20-3-1 Where district boundaries are indicated as approximately following or being at right angles to the center lines of streets, highways, alleys, railroad main tracks, such center line or lines shall be construed to be such boundaries, as the case may be.

20-3-2 Where a district boundary is indicated to follow a river, creek, or branch or other body of water, said boundary shall be construed to follow the center line at low water or at the limit of the jurisdiction, and in the event of change in the shoreline, such boundary shall be construed as moving with the actual shoreline.

20-3-3 If no distance, angle, curvature, description or other means is given to determine a boundary line accurately and the foregoing provisions do not apply, the same shall be determined by the use of the scale shown on said zoning map. In the case of subsequent dispute, the matter shall be referred to the board of zoning appeals which shall determine the boundary.

20-3-4 Drafting errors in this ordinance or in its accompanying map may, at any time, be corrected by a majority vote of the board of supervisors after referral to the planning commission for recommendation and joint public hearing with planning commission on any such correction.

(Ord. of 6-12-18)

20-4 - Violation and penalty.

20-4-1 All departments, officials, and public employees of this jurisdiction which are vested with the duty or authority is issue permits or licenses shall conform to the provisions of this ordinance. They shall issue permits for uses, buildings, or purposes only when they are in harmony with the provisions of this ordinance. Any such permit, it issued in conflict with provisions of this ordinance, shall be null and void.

20-4-2 Notice of violation. (Revised 8/23/11) Property owner's, permit applicants, and/or establishment owners/managers, as applicable, and shall be notified in writing of violations of the provisions of this article. The zoning administrator or his designee shall, in the notice of violation, state the nature of the violation, the date that it was observed, and the remedy or remedies necessary to correct the violation. The zoning administrator or his designee may establish a reasonable time period for the correction of the violation.

20-4-3 Civil enforcement procedures and penalties. (Revised 8/23/11) The zoning administrator or his designee is authorized to bring legal action, including injunction, abatement, or other appropriate action or proceeding. This remedy is in addition to, and not in lieu of, any other remedy available to the administrator.

The penalty for any one violation shall be a civil penalty of not more than $100.00 for the initial summons and not more than $250.00 for each additional summons. Each day during which the violation is found to have existed shall constitute a separate offense. However, specified violations arising from the same operative set of facts shall not be charged more frequently than once in any ten-day period, and a series of specified violations arising from the same operative set of facts shall not result in civil penalties which exceed a total of $5,000.00. The zoning administrator or his deputy may issue a civil summons as provided by law for a violation of this article. Any person summoned or issued a ticket for a scheduled violation may make an appearance in person or in writing by mail to the department of finance or the treasurer of the county prior to the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged. Such persons shall be informed of their right to stand trial and that a signature to an admission of liability will have the same force and effect as a judgment of court.

If a person charged with a scheduled violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided for by law. In any trial for a scheduled violation authorized by this section, it shall be the burden of the locality to show the liability of the violator by a preponderance of the evidence. An admission of liability or finding of liability shall not be a criminal conviction for any purpose.

Such violations shall be a class 3 misdemeanor in the event three civil penalties have previously been imposed on the same defendant for the same or similar violation, not arising from the same set of operative facts, within a 24-month period.

(Ord. of 6-12-18)

20-5 - Severability.

Should any section or provisions of this ordinance be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof other than the part so held to be unconstitutional or invalid.

(Ord. of 6-12-18)

20-6 - Conflicting ordinances, statutes and regulations.

Whenever any section or provision of this ordinance or of any regulation adopted under the authority of this ordinance requires a larger lot area or a greater width or size of yard, or lower height of building than are required in any Virginia statute or other Greene County ordinances or regulations, the provision of this ordinance or of the regulation adopted under the authority of this ordinance shall govern. Whenever any section or provision of any Virginia statute or other Greene County ordinance or regulation requires a larger lot area or a greater width or size of yards or a lower height of building or imposes other higher standards than are required by any section or provisions of this ordinance or of any regulation adopted under the authority of this ordinance, the provisions of such Virginia statue or other Greene County ordinance shall govern.

(Ord. of 6-12-18)

20-7 - Effective date.

This zoning ordinance of Greene County, Virginia shall be effective on and after March 1, 1975.

(Ord. of 6-12-18)

20-8 - Certified copy.

A certified copy of the foregoing zoning ordinance of Greene County, Virginia, shall be filed in the office of the zoning administrator of Greene County and in the office of the Clerk of the Circuit Court of Greene County, Virginia.

(Ord. of 6-12-18)