(a)

The Board may amend, supplement, repeal or change, by ordinance, the text of the Zoning Ordinance and the zoning district maps from time to time, whenever required by the public necessity, convenience, general welfare or good zoning practice. Any such amendment may be initiated by (1) resolution of the Board, (2) motion of the Planning Commission, or (3) by petition of the owner, contract purchaser with the owner's written consent, or the owner's attorney in fact, of the property which is the subject of the proposed zoning map amendment.

(b)

A petition of the owner, contract purchaser or the owner's attorney in fact shall be filed on forms prescribed by the Director and shall include information required by the Director.

(c)

An applicant shall be required to pay all required fees in a timely manner, and an application shall not be considered complete until such fees have been paid.

(Ord. No. 12-08, § 3, 1-9-13)

Any proposed amendment to the boundaries of a zoning district or to the text of the regulations established by this Zoning Ordinance shall be submitted to the Planning Commission for its review and recommendation prior to any final action of the proposal by the Board. The application for the rezoning of property shall be scheduled for public hearing by the Planning Commission on the first available date after the Planning Director has determined the application to be complete. Failure of the Planning Commission to report within one hundred days after its first public hearing on the proposed rezoning or text amendment, or within such shorter period of time as may be prescribed by the Board for specific proposals, shall be deemed to constitute a recommendation of approval.

(Ord. No. 12-08, § 3, 1-9-13)

The following procedures shall be followed in the consideration of any proposed amendment:

1.

The Planning Commission shall hold a public hearing on any proposed amendment, before submitting its report to the Board.

2.

Notice of public hearings before the Commission shall comply with the requirements of state law. In addition, the Commission shall cause a notice to be posted conspicuously on the property in accordance with the rules of the Commission indicating how the public may learn more about the proposed amendment, and a certificate of posting shall become a part of the record of the hearing. The published and posted notices shall contain reference to the place or places within the County where the plans, ordinances, or amendments may be examined.

3.

Before approving any proposed change or amendment, the Board shall hold a public hearing thereon.

4.

Notice of the public hearing before the Board shall comply with the requirements of state law.

5.

The Planning Commission and the Board may hold a joint public hearing after the required public notice. If a joint hearing is held, then public notice as set forth above need be given only by the Board.

6.

Except upon application of a property owner or his agent, when a proposed amendment involves a change in zoning classification of twenty-five (25) or less parcels of land, then, in addition to the advertising as above required, written notice shall be given at least five (5) days before the hearing to the owner or owners, their agent or occupant, of each parcel involved, and to the owners, their agent or the occupant, of all abutting property and property immediately across the street or road from the property affected. Notice sent by first class mail to the last known address of such owner, as shown on the current real estate tax assessment books, together with an affidavit verifying that the mailings have been sent, shall be deemed adequate compliance with this requirement.

(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 24-10, § 1, 8-28-24)

When any proposed change of a zoning district boundary lies within five hundred (500) feet of a County boundary, notice of the proposal, together with the date, time, and place of the public hearing thereon, if such hearing has been scheduled, shall be forwarded to the Planning Commission, if such exists, or the governing body of the adjacent county or municipality in order to give such jurisdiction an opportunity to appear at the hearing or express its opinion on the effect of said boundary change.

(Ord. No. 12-08, § 3, 1-9-13)

The owner of property which is the subject of a rezoning request may proffer that, in the event the property is rezoned to a requested zoning district, the use and development of the property will be subject to specified reasonable conditions, in addition to the regulations provided by this Zoning Ordinance for the zoning district; provided, however, (1) that the rezoning itself gives rise to the need for the proffered conditions, (2) such conditions have a reasonable relation to the rezoning, and (3) all such conditions are in conformity with the Comprehensive Plan and requirements of the Code of Virginia.

(Ord. No. 12-08, § 3, 1-9-13)

The submission and acceptance of proffered conditions shall be in accordance with the following procedures:

(a)

If an applicant for a change of zoning desires to proffer conditions, then either the proffers or a statement of intent to submit proffers shall accompany the rezoning application. All proposed proffers shall be submitted in writing in a form acceptable to the Director.

(b)

Proffered conditions must be signed by the record owner of the subject property, or an agent with power of attorney, and notarized. Proffers shall be clear and succinct and shall be separated into independently enumerated paragraphs, each of which addresses no more than one (1) aspect of the development and use of the property.

(c)

The applicant shall submit proffers to the Director not less than twenty-one (21) calendar days prior to the public hearing on the application before the Planning Commission. If the Director recommends specific additional proffers or modifications to the submitted proffers, the applicant may submit such additional proffers or modifications not less than fourteen (14) days prior to the public hearing before the Planning Commission. After the public hearing before the Planning Commission, the applicant may submit any additional proffers or modifications to the submitted proffers that have been specifically recommended by motion of the Planning Commission or by the Director; provided, however, that any amendments to the proffers recommended by the Director must relate to issues discussed at the public hearing before the Planning Commission. All proffers shall be signed by the landowners and submitted in final form no later than twenty-one (21) days prior to the public hearing on the application before the Board of ; provided, however, that the Board may accept amended proffers after the public hearing has begun, if the amended proffers do not materially affect the overall proposal. Amended proffers may be accepted by the Board after the public hearing has begun only if the proposed amended proffers are more restrictive than the proffers previously submitted and serve to increase or enhance the compatibility of the proposed use with existing or planned uses for other properties in the vicinity. Such proffer amendments may include but are not limited to:

1.

The exclusion of a use that would otherwise be permitted by the zoning district regulations,

2.

An increase in the buffer, screening, landscaping or parking requirements for the proposed use,

3.

Enhanced on-site or off-site traffic control or road improvements,

4.

Enhanced protection from the impact of lighting from the proposed use on other properties in the vicinity,

5.

Enhanced architectural, or aesthetic design controls and

6.

Greater limits on the hours of operation for the proposed use.

Any proposed amended proffers shall be in writing and shall be signed by the record owner of the subject property, or an agent with power of attorney, prior to the acceptance of the amended proffers by the Board.

(d)

Proffered site plans, architectural elevations, and other graphic representations shall accompany the proffer statement and shall be clearly identified in the text of the proffers.

(e)

In the event that the Board determines that the property should be rezoned to a requested zoning district, it may make such rezoning subject to some or all of the conditions proffered by the applicant.

(f)

The zoning administrator shall be vested with all necessary authority on behalf of the Board to administer and enforce proffered conditions, including the authority to require performance guarantees.

(g)

Proffered conditions shall become a part of the zoning regulations applicable to the property in question and shall be noted on the zoning map. No development shall be approved by any county official unless it is in substantial conformity with the proffered conditions including proffers defining the specific uses and the physical layout depicted by the plans, profiles, elevations and other demonstrative materials presented by the applicant.

(h)

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

(i)

Any person aggrieved by a decision of the zoning administrator regarding any proffered condition may appeal such decision to the Board of supervisors. Such appeal shall be filed within thirty (30) days from the date of the decision rendered by the zoning administrator by filing a written notice of appeal with the zoning administrator in a form acceptable to the zoning administrator. Such notice shall specify the grounds on which the applicant is aggrieved and the basis for the appeal.

(j)

Applications for the amendment or deletion of proffered conditions previously accepted by the Board shall be considered through the same process as any other request for a zoning map amendment.

(k)

The provisions of this section shall be administered and interpreted in accordance with Virginia Code § 15.2-2298.

(Ord. No. 12-08, § 3, 1-9-13)

For conceptual plans that are required by the district regulations, the applicant shall submit a conceptual plan, and revisions to a conceptual plan, in accordance with the following procedures:

1.

If the Director finds that any additions, deletions or modifications are necessary for a required conceptual plan that was submitted with an application, the applicant shall submit a revised plan no less than twenty-one (21) calendar days prior to the public hearing on the application before the Planning Commission.

2.

After the public hearing before the Planning Commission, the applicant shall submit a revised conceptual plan, if any, no later than twenty-one (21) days prior to the public hearing on the application before the Board.

3.

No conceptual plan that is required by the district regulations shall be considered at a public hearing before the Planning Commission or Board on an application unless the submission of the plan, or revisions to the plan, complies with the provisions of this section.

(Ord. No. 12-08, § 3, 1-9-13)

Following its public hearing, the Board may make appropriate changes or corrections in an ordinance or proposed amendment; provided, however, that no additional land may be zoned to a different classification than was contained in the public notice without an additional public hearing after notice as required in sections 26-304 and 26-305 above.

(Ord. No. 12-08, § 3, 1-9-13)

Whenever a petition requesting an amendment, supplement, or change has been denied by the Board, such petition, or one substantially similar, shall not be reconsidered sooner than one year after the date of the previous denial by the Board.

(Ord. No. 12-08, § 3, 1-9-13)

The appropriate fee shall be paid at the time of submission of any application for a permit, review, or hearing required by this Ordinance, in accordance with a schedule of fees as adopted by the Board from time to time. No such schedule of fees shall be adopted, changed, or amended unless and until the Board shall hold an advertised public hearing on any such proposed adoption, change, or amendment.

(Ord. No. 12-08, § 3, 1-9-13)

No fee shall be refunded pursuant to withdrawal of an application; provided, a refund of ninety (90) percent of the total fee paid, less any costs incurred for traffic or other studies undertaken solely in response to the filing of the application, may be approved by the zoning administrator if a request for withdrawal, signed by the applicant or his designated agent, is received by the zoning administrator in time to prevent publication of the first notice of hearing has subsequently been approved by the Board, or other appropriate decision making body. No refund shall be allowed where the only action required is by the zoning administrator.

(Ord. No. 12-08, § 3, 1-9-13)

An additional fee in accordance with the adopted schedule of fees shall be charged each time an application must be readvertised due to any delay or postponement requested by the applicant or necessitated by some act or failure to act on the part of the applicant.

(Ord. No. 12-08, § 3, 1-9-13)

Notwithstanding any other provision to the contrary, any filing fee required under this Ordinance shall be waived for any applicant which is an agency of the government of the United States, an agency of the Commonwealth, or an agency of the County of Hanover, or for any applicant which is an organization or corporation which has tax exempt status at the time any such exemption is claimed. Nothing herein shall be construed to exempt any such agency, organization, or corporation from any bonding or penalty provisions of this Ordinance.

(Ord. No. 12-08, § 3, 1-9-13)

For the purpose of ensuring good arrangement, appearance, function, harmony with surroundings and adjacent uses and the objectives of the Comprehensive Plan, and compliance with the requirements of these regulations, site plans shall be submitted, reviewed, and approved prior to the issuance of any permits for construction in accordance with the regulations below.

(Ord. No. 12-08, § 3, 1-9-13)

The zoning administrator or his designee shall be the agent of the Board for site plan approval unless provided for otherwise in the district regulations.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

A site plan shall be required for the following uses:

1.

Two-family, townhouse, and multiple-family uses when no residential subdivision lots are being created;

2.

All business and industrial uses and churches and other places of worship, except for:

a.

The expansion of an existing building or the addition of an accessory structure to an existing site when the expansion or addition, cumulatively, is as follows:

i.

Where the total square footage of all existing buildings on the site are 5,000 square feet of gross floor area or less, the expansion may not be larger than ten percent (10%) of the existing floor area.

ii.

Where the total square footage of all buildings on-site exceeds 5,000 square feet of floor area the expansion may not exceed ten percent (10%) of the existing floor area for the first 5,000 square feet plus five percent (5%) of the gross floor area above 5,000 square feet, provided the expansion or addition does not exceed 800 square feet.

b.

The creation, expansion or reconfiguration by 2,500 square feet or less, cumulatively, of a parking area that met all applicable regulations when constructed.

3.

Telecommunications towers and related facilities;

4.

Any use for which a conditional use permit is required;

5.

Utility uses only when structures are to be installed above-ground (except for minor appurtenances such as fire hydrants) and only for the tax parcel on which the structures are located.

(b)

For the purposes of this section, the term cumulatively shall mean all changes occurring on or after the date that the building or use became applicable to regulations.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

A site plan shall be submitted to the zoning administrator for review and approval. Such application shall be made on forms supplied by the Planning Department and accompanied by the number of copies of the site plan as determined by the zoning administrator. The site plan shall be prepared in accordance with the requirements specified in division 2 of article 6.

(b)

The site plan shall be reviewed and approved or disapproved within sixty (60) days after it has been officially submitted for approval. The site plan shall comply with the requirements of this Ordinance and all other provisions of the Hanover County Code. Site plans for approved conditional uses shall also be reviewed for substantial compliance with the sketch plan approved with the conditional use permit.

(c)

If a site plan is disapproved, the reasons for such action shall be provided to the applicant in writing. The applicant may submit a revised site plan to the zoning administrator that addresses the reasons for disapproval. The zoning administrator shall review the revised site plan and either approve or disapprove the site plan within forty-five (45) days after the site plan has been modified, corrected and resubmitted for approval. If all corrections specified have been made, the site plan shall then be approved. If additional corrections are necessary, the site plan shall be resubmitted and the zoning administrator shall approve or disapprove the site plan within forty-five (45) days after the site plan has been modified, corrected and resubmitted for approval.

(d)

Nothing in this section shall be interpreted to permit a variance or exception to the regulations of this Ordinance or to abridge the procedures or requirements of the laws and ordinances governing the subdivision of land.

(Ord. No. 12-08, § 3, 1-9-13)

The site plan submitted for review and approval shall include the following information:

1.

The proposed title of the project, the names of the engineer, architect, designer, or landscape architect, and the property owner and the developer (if different).

2.

A general vicinity map at a scale no greater than 1":2000'.

3.

Geographic Parcel Identification Number (GPIN) for all subject parcel(s) and the owner's name, zoning, and GPIN for all adjacent parcels.

4.

The use(s) of the subject parcel(s).

5.

The north arrow (on applicable sheets), scale, and date of the site plan including any subsequent revisions. The scale of the site plan shall be as follows:

a.

For projects containing more than two hundred (200) acres, not more than two hundred (200) feet to one inch.

b.

For projects containing fifty (50) to two hundred (200) acres, not more than one hundred (100) feet to one inch.

c.

For projects containing more than ten (10) acres but less than fifty (50) acres, not more than fifty (50) feet to one inch.

d.

For projects containing ten (10) acres or less, not more than thirty (30) feet to one inch.

6.

Existing zoning (including overlay districts, rezonings, conditional use permits, special exception permits and variances, and any applicable letters, proffers or conditions), magisterial district and zoning district boundaries of the subject parcel(s).

7.

The boundaries of the parcel(s) involved, county or municipal boundaries, the location of all existing easements with associated recordation references, existing property lines, existing streets, buildings, or waterways, mapped dam break inundation zones, areas affected by Chesapeake Bay preservation requirements, major tree masses and other existing physical features in or adjoining the project.

8.

Topography of the project area with contour intervals of two (2) feet or less, unless waived by the zoning administrator as clearly unnecessary to a review of the project or proposal.

9.

The location and sizes of sanitary and storm sewers, water mains, culverts, and other underground structures, and all utility lines, including electric, natural gas, CATV, telephone, and other lines, both underground and overhead, existing and planned, in or near the project.

10.

The location, dimension, height and use of all existing and proposed buildings and structures.

11.

The location, design and materials used to construct proposed streets, alleys, driveways, curb cuts, entrances and exits, loading areas (including numbers of parking and loading spaces), outdoor lighting systems, storm drainage and sanitary facilities.

12.

The location of proposed lots, setback lines, and easements and any proposed reservations for parks, parkways, playgrounds, school sites, and open space areas.

13.

The location, height, and materials of all fences, walls and screens.

14.

The location of outdoor waste receptacles, if provided, and the method of screening.

15.

The location of existing and proposed freestanding signs.

16.

Preliminary plans and elevations of proposed buildings and structures.

17.

A landscape plan (if required), including a list of the specific plant materials to be used to satisfy the applicable landscaping requirements, with a calculation of the area of the parking lot, landscaped area required, and landscaped area provided (where applicable).

18.

A lighting plan, prepared in accordance with section 26-269, if the use(s) of the property will be operating during the hours of darkness.

19.

A tabulation of total number of acres in the project, gross and net, as required in the district regulations, and the percentage thereof proposed to be devoted to the several dwelling types, commercial uses, other nonresidential uses, off-street parking, streets, parks, schools, and other reservations.

20.

A tabulation of the total number of dwelling units of various types in the project and the overall project density in dwelling units per acre, gross and net, as required by district regulations.

21.

All applications for site plan approval shall include water quality impact assessments when required by Chapter 10 of the Hanover County Code and the location of all mapped dam break inundation zones. Applications for site plan approval shall be reviewed by the Director of Public Works who shall determine whether the proposed development meets the requirements of Chapter 10 of the Hanover County Code. No approval shall be granted by any approval authority unless the development meets those requirements.

22.

Compliance with Chesapeake Bay preservation requirements, in accordance with Chapter 10, Environmental Management, of the Hanover County Code.

23.

Compliance with erosion and sediment control requirements in accordance with Chapter 10, Environmental Management, of the Hanover County Code.

24.

Other information as may be required by the zoning administrator in order to comply with federal, state, or local laws.

(Ord. No. 12-08, § 3, 1-9-13)

Proposed amendments to an approved site plan shall be submitted in accordance with the procedures set forth in section 26-318; however, an approved site plan may be amended by redlining or slip-sheeting when:

1.

The new building or expansion meets the site plan exemption criteria listed in section 26-317 (a)(2);

2.

The expansion will not create a drive-in window, ATM station, or other activity for which adequate stacking and circulation on-site is required;

3.

The expansion will not affect drainage or required setbacks for structures; and

4.

The parking area being created, expanded, or reconfigured is less than 2,500 square feet.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

The purpose of the conditional use procedure is to provide for certain uses which cannot be well adjusted to their environment in particular locations with full protection offered to surrounding properties by rigid application of the district regulations. These uses either have unusual characteristics or are generally of a public or semipublic character and are essential and desirable for the general convenience and welfare, but because of the nature of the use, the importance of the relationship to the Comprehensive Plan, and possible impact not only on neighboring properties, but on a large section of the County, require the exercise of planning judgment on location and site plan. Conditional uses also include those public uses, public utility, or public service uses upon which the Planning Commission is required to report following adoption of the Comprehensive Plan under the state planning enabling statutes, thus facilitating coordination of the purposes of state planning statutes with those of state zoning enabling statutes.

(b)

A conditional use may be approved by the Board in accordance with the following:

1.

The location is appropriate and not in conflict with the Comprehensive Plan;

2.

The public health, safety, morals, and general welfare will not be adversely affected;

3.

Adequate off-street parking facilities will be provided;

4.

Necessary safeguards will be provided for the protection of surrounding property, persons, and neighborhood values;

5.

The additional standards of this article are complied with.

(c)

Unless otherwise specified in this division or specified as a condition of approval, the height limits, yard spaces, lot area, and sign requirements shall be the same as for other uses in the district in which the conditional use is located.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

An application for a conditional use permit may be made by any property owner, attorney in- fact of the owner, or tenant, and by any legal entity authorized by the Commonwealth of Virginia or the United States to acquire land through eminent domain.

(b)

An application for a conditional use permit shall include written permission from the owner of the subject property granting right of entry to the zoning administrator and to agents of the County and law enforcement agencies, for inspection purposes, during the term of any permit which may be issued.

(c)

Applications shall be filed on forms prescribed by the zoning administrator and shall include information required by the zoning administrator.

(d)

Whenever an application has been denied by the Board, such application, or one that is substantially the same, shall not be reconsidered sooner than one year after the previous denial.

(e)

All applications for conditional use permits shall be accompanied by a sketch plan for review and approval by the County staff, Planning Commission, and the Board. Sketch plans, and revisions to sketch plans, shall be submitted in accordance with the following procedures:

1.

If the zoning administrator finds that any additions, deletions or modifications are necessary for a required sketch plan that was submitted with an application, the applicant shall submit a revised plan no less than twenty-one (21) calendar days prior to the public hearing before the Planning Commission.

2.

After the public hearing before the Planning Commission, the applicant shall submit a revised sketch plan, if any, no less than twenty-one (21) calendar days prior to the public hearing before the Board.

3.

No sketch plan that is required by the district regulations shall be considered at a public hearing before the Planning Commission or Board unless the submission of the plan, or revisions to the plan, complies with the provisions of this section.

(Ord. No. 12-08, § 3, 1-9-13)

The sketch plan shall be clearly drawn to a scale as specified below, shall comply with all applicable laws, regulations, and ordinances, and shall show the following:

1.

The proposed title of the project, the name of the developer, and the name of the preparer of the plan.

2.

The north point, scale, and date. The scale of the sketch plan shall be as follows:

a.

For projects containing more than two hundred (200) acres: not more than 200':1".

b.

For projects containing fifty (50) to two hundred (200) acres: not more than 100':1".

c.

For projects containing ten (10) acres to fifty (50) acres: not more than 50':1".

d.

For projects containing ten (10) acres or less: not more than 30':1".

3.

Existing zoning and zoning district boundaries.

4.

The boundaries of the property involved; County or town boundaries; property lines; existing streets, buildings, or waterways; mapped dam break inundation zones; areas affected by Chesapeake Bay preservation requirements; and major tree masses.

5.

Topography of the project area with contours of five (5) feet or less.

6.

Proposed changes in zoning, if any.

7.

The general location and character of construction of proposed streets, alleys, driveways, curb cuts, entrances, and exits.

8.

Location(s) of all proposed buildings and structures, accessory and main; major excavation; and the use category for each building.

9.

General location, height, and material for all fences, walls, screen plantings, berms, and landscaping. The required perimeter buffer, if any, shall be shown.

10.

Architectural elevation(s) for the proposed structures on site.

11.

Other information as may be required by the zoning administrator.

(Ord. No. 12-08, § 3, 1-9-13)

A conditional use permit may be approved, or terms of approval amended, by the Board after a public hearing before the Planning Commission and the Board, with advertising and notice in accordance with requirements specified in sections 26-304 and 26-305.

(Ord. No. 12-08, § 3, 1-9-13)

Once a conditional use permit is approved for a property, the property shall be developed and maintained in substantial conformity with the sketch plan submitted with the application and approved by the Board.

(Ord. No. 12-08, § 3, 1-9-13)

Following approval by the Board and prior to commencement of the use, a site plan shall be prepared and submitted to the Planning Office for review and approval in accordance with the procedures set forth in division 2 of article 6.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

Validity.

(1)

Approval of a conditional use permit shall be valid for a period of one (1) year after the date of approval and, thereafter, shall be void unless substantial construction or use has been initiated during the one-year period, unless:

a.

Another period of validity is established by the Board at the time of approval, or

b.

Another period of validity is established by the Board upon application filed before the expiration of the prescribed time period, upon a finding that commencement within the prescribed period is not practical because of circumstances applicable to the proposed development.

(2)

An extension after one (1) year is not necessary for:

a.

A nonconforming use already established on the property that is required to obtain a conditional use permit to expand their use, or

b.

An amendment of an approved conditional use permit for an existing use.

(b)

Extensions.

(1)

The Board may approve a request for an extension of time for the validity of a conditional use permit in accordance with the following:

a.

A request for an extension of time shall be filed in writing, on forms prescribed by the zoning administrator, prior to the expiration date of the permit.

b.

The request shall specify the basis for and the amount of additional time requested and shall include an explanation of the reason that substantial construction or use has not been commenced in accordance with the time specified by the Board in the approval action.

c.

A request for an extension of time may be approved only if it is determined by the Board that the use is in accordance with all applicable provisions of the Zoning Ordinance and Subdivision Ordinance, and that approval of additional time is consistent with the public interest.

d.

A request for an extension shall not be required when substantial construction or the use has been initiated and a condition of approval requires that the conditional use permit be renewed at defined intervals. In those instances, the renewal of the conditional use permit is controlled by the requirements of the conditions of approval.

(2)

If a request for an extension is timely filed, the conditional use permit shall remain valid until a request for additional time is acted upon by the Board, subject to the following:

a.

No more than two (2) extensions may be granted by the Board. Should neither substantial construction nor use be initiated during the extension period, the conditional use permit shall expire and a new conditional use permit is required prior to initiation of the use.

b.

Each extension may not exceed two (2) years.

c.

The extension period begins on the date that the Board grants the extension.

(c)

Expiration.

(1)

A conditional use permit shall expire:

a.

Upon the expiration of any time period imposed by the Board at the time of approval of the conditional use permit;

b.

If the use or construction has not commenced in accordance with these provisions;

c.

If the use or activity for which a conditional use permit was approved should cease for any reason for a period of two (2) years or more.

(2)

Should any of the situations described in this subsection occur, the conditional use permit shall automatically expire without notice or further proceedings and the approval of a new conditional use permit shall be required prior to any subsequent reinstatement of the use.

(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 23-16, § 1, 11-8-23)

(a)

A conditional use permit shall be revocable by the Board at any time if the owner or operator of the use or the site subject to the permit fails to comply with the terms and conditions of the permit, or with requirements of County, State or federal laws or regulations applicable to the property.

(b)

Before revoking any conditional use permit, the Board shall conduct a public hearing and provide notice as would be required for the issuance of a conditional use permit. In addition, the owner or operator shall be given at least twenty days advance written notice of the hearing date by certified mail. The notice sent to the owner or operator shall include:

1.

The grounds for the proposed revocation;

2.

The date, time and place of the public hearing.

(c)

The provisions of this section shall not be deemed to preclude the use of any other available remedy with respect to violations of the conditions imposed as part of the approval of the conditional use permit or other provisions of this Ordinance.

(Ord. No. 12-08, § 3, 1-9-13)

In order to provide for adjustments in the relative locations of uses and buildings of the same or different classifications, to promote the usefulness of these regulations, as instruments for fact finding, interpretation, application, adjustment, and to supply the necessary elasticity to their efficient operation, special use exceptions, limited as to location and especially in locations described in this article, are permitted by the terms of these regulations. Uses identified in the district regulations and the following buildings and uses are permitted as special exceptions if the Board finds that such exceptions will not be substantially affect adversely the uses of adjacent and neighboring property permitted in this Ordinance.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

An application for a special exception may be made by any property owner, attorney in fact of the owner, or tenant, and by any legal entity authorized by the Commonwealth of Virginia or the United States to acquire land through eminent domain.

(b)

An application for a special exception shall include written permission from the owner of the subject property granting right of entry to the zoning administrator and to agents of the County and law enforcement agencies, for inspection purposes, during the term of any permit which may be issued.

(c)

Applications shall be filed on forms prescribed by the zoning administrator and shall include information required by the zoning administrator.

(d)

Whenever an application has been denied by the board, such application, or one (1) that is substantially the same, shall not be reconsidered sooner than one (1) year after the previous denial.

(e)

All applications for special exception permits shall be accompanied by a sketch plan for review and approval by the County staff and the Board. Sketch plans, and revisions to sketch plans, shall be submitted in accordance with the following procedures:

1.

If the zoning administrator finds that any additions, deletions or modifications are necessary for a required sketch plan that was submitted with an application, the applicant shall submit a revised plan no less than twenty-one (21) calendar days prior to the public hearing before the board.

2.

No sketch plan that is required by the district regulations shall be considered at a public hearing before the board unless the submission of the plan, or revisions to the plan, complies with the provisions of this section.

(f)

For each application for a special exception for a short-term rental, non-owner occupied, or a short-term rental, accessory detached, the applicant shall provide a copy of the restrictive covenants applicable to the property.

(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 24-09, § 11, 1-22-25; Ord. No. 25-10, § 8, 8-27-25)

In addition to the application requirements set forth in section 2 above, applications for special exceptions shall be accompanied by a sketch plan, which shall show the following:

1.

The proposed title of the project, the name of the developer, and the name of the preparer of the plan.

2.

The north point, scale, and date. The scale of the sketch plan shall not more than 200″:1.

3.

The boundaries of the property involved; County or town boundaries; property lines; existing streets, buildings, and waterways; areas affected by Chesapeake Bay preservation requirements; and major tree masses.

4.

The general location and character of construction of proposed parking lots, driveways, curb cuts, entrances, and exits.

5.

The locations of all proposed buildings and structures.

6.

The general locations, heights, and materials of all fences, walls, screen plantings, berms, and landscaping.

7.

Any additional information required by the zoning administrator.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

A special exception may be approved, or terms of approval amended, by the Board after a public hearing before the Board, with advertising and notice in accordance with requirements specified in sections 26-304 and 26-305.

(b)

A special exception may only be granted if the Board makes the following findings:

1.

The proposed use or proposed modification of generally applicable regulations is compatible with the character of the surrounding area;

2.

The proposed use or proposed modification will not produce noise, odor, vibration, or glare beyond that which is generally produced by uses that are permitted by right in the applicable zoning district;

3.

The proposed use or proposed modification will not create traffic congestion and will not impair the safe and efficient travel along the county's road network;

4.

The proposed use or proposed modification will not diminish the view shed as seen from the public right-of-way, or unreasonably impact historic or natural resources;

5.

The proposed use or proposed modification will not impair the public health, safety, and general welfare;

6.

The approval of the special exception is consistent with good zoning practices and the comprehensive plan; and

7.

All other additional requirements for a proposed use or proposed modification that are set forth elsewhere in this chapter are satisfied.

(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 18-03, § 3, 4-25-18)

Once a special exception permit is approved for a property, the property shall be developed and maintained in substantial conformity with the sketch plan submitted with the application and approved by the Board.

(Ord. No. 12-08, § 3, 1-9-13)

The following use exceptions may be granted by the Board subject to such conditions as the Board deems necessary to carry out the intent and purpose of the various districts, the Zoning Ordinance and, after considering the impact thereof, upon zoning objectives and practices:

1.

Exceptions to parking and loading requirements as follows:

a.

Waiver or reduction of the loading requirements in any district whenever the character or use of the building is such as to make unnecessary the full provision of loading facilities.

b.

Waiver or reduction of loading space requirements where adequate community loading facilities are provided.

c.

Waiver or reduction of loading space requirements for uses which contain less than ten thousand (10,000) square feet of floor area where construction of existing buildings, problems of access, or size of lot make impractical the provision of required loading.

2.

Temporary field offices and trailers for business purposes not in conjunction with retail sales and where no part of said field office will be used for living quarters.

(Ord. No. 12-08, § 3, 1-9-13)

A special width exception may be approved by the Board to allow an exception to lot width in any R-1, R-2, or R-3 district. Applications for special exceptions shall be made on a form provided by the zoning administrator. An exception may only be granted if:

1.

An existing dwelling fronts on an existing public road;

2.

No additional access is created to the public road upon which the lot fronts; and

3.

The Board makes the following additional findings:

a.

That an exception would enhance the orderly development of the area; and

b.

That the granting of the exception will not endanger the public safety, or in any other respect impair the health, safety, comfort, and welfare of the inhabitants of the County.

(Ord. No. 12-08, § 3, 1-9-13)

The Board may, upon application, permit an exception to the maximum height provided in each zone, subject to the following procedures and limitations:

1.

Any application for a special height exception shall be made and processed in the same manner as an application for a special use exception and subject to the rules for same by the Board.

2.

An application for a special height exception shall be considered by the Board only after a public hearing following adequate notice as provided for by state law.

3.

An exception to the height limit shall be granted only where the Board finds that such exception will not impair the appropriate use and enjoyment of surrounding property nor derogate from the intent and purpose of this Ordinance.

4.

No exception shall be granted which would allow encroachment into a "controlled airspace" (as defined). No exception shall be granted which allows a structure located within ten thousand (10,000) feet of any airport runway to exceed an elevation which is one hundred fifty (150) feet above the elevation of the lower end of the airport runway.

5.

In granting a special height exception, the Board may impose such conditions as may be necessary to reduce the impact of the building or structure for which the exception is requested. The Board may also impose such conditions as may be necessary to maintain the character of the zoning district.

(Ord. No. 12-08, § 3, 1-9-13)

Exceptions to the buffer, access, front yard, and landscaping requirements may be granted by the Board in accordance with the procedures set out in this Ordinance. Applications shall be made on a form provided by the zoning administrator and shall be accompanied by a sketch plan of the proposed development. An exception may be granted if the Board makes the following findings:

1.

That an exception to access requirements would not unreasonably lower the level of service on affected roads;

2.

That the design and location of proposed access points are compatible with existing access on the site of the proposed development and on affected streets;

3.

That the granting of the exception for access, front yards, or buffers will not substantially affect adversely the use of adjacent and neighboring property;

4.

That the granting of the exception for landscaping will avoid the unnecessary replacement of existing landscaping and other improvements on-site and will not result in unsafe traffic circulation patterns on site;

5.

That the purpose for which the front yard reduction is requested is appropriate in the context of the request, and the reduction is necessary for reasons other than convenience; and

6.

That the granting of the exception for access, landscaping, front yards, or buffers will not endanger the public safety, or in any other respect impair the health, safety, comfort, and welfare of the inhabitants of the County.

(Ord. No. 12-08, § 3, 1-9-13)

Any request for a variation in the permitted height, area, location, or number of signs in any district may be granted as a special exception by the Board in accordance with the procedures, set out in this Ordinance. An exception may be granted if the Board makes the following findings:

1.

That an exception would not unreasonably affect nor inhibit the movement of traffic on surrounding roads;

2.

That the proposed design and location of the signs(s) are compatible with existing signs and sign locations on surrounding properties;

3.

That the granting of the exception will not adversely affect the use of adjacent and neighboring property;

4.

That the granting of the exception will neither reduce, nor affect the placement of, required landscaping on-site and will not result in unsafe traffic patterns on site; and

5.

That the granting of the exception will not endanger the public safety, nor in any other respect impair the health, safety, comfort, and welfare of the inhabitants of the County.

(Ord. No. 12-08, § 3, 1-9-13)

Exceptions allowing for multiple use structures or the reduction in required front yard setbacks in those areas designated on the General Land Use Plan of the Comprehensive Plan as Rural Village may be granted by the Board in accordance with the provisions set forth in this section. Applications shall be made on a form provided by the zoning administrator and shall be accompanied by a sketch plan of the proposed development. An exception may be granted if the Board makes the following findings:

1.

That the new structure or the expansion of an existing structure shall be located outside of the ultimate right-of-way and is compatible with the prevailing setbacks along the road on which the subject property fronts;

2.

That the scale and character of the proposed structure or the expansion of the existing structure is compatible with the surrounding development;

3.

That the purpose for which the front yard reduction is requested is appropriate in the context of the physical setting, and the reduction is necessary for reasons other than convenience;

4.

That the granting of the exception for front yard setbacks will not adversely affect the use of adjacent and neighboring property; and

5.

That the granting of the exception shall not impair the health, public safety, and general welfare.

(Ord. No. 16-13, § 6, 2-8-17)

(a)

Validity.

(1)

Approval of a special exception shall be valid for a period of one (1) year after the date of approval and, thereafter, shall be void unless substantial construction or use has been initiated during the one-year period, unless:

a.

Another period of validity is established by the Board at the time of approval, or

b.

Another period of validity is established by the Board upon application filed before the expiration of the prescribed time period, upon a finding that commencement within the prescribed period is not practical because of circumstances applicable to the proposed development.

(2)

An extension after one (1) year is not necessary for:

a.

A nonconforming use already established on the property that is required to obtain a special exception permit to expand their use, or

b.

An amendment of an approved special exception permit for an existing use.

(b)

Extensions.

(1)

The zoning administrator may approve a request for an extension of time for the validity of a special exception in accordance with the following:

a.

A request for an extension of time shall be filed in writing, on forms prescribed by the zoning administrator, prior to the expiration date of the special exception.

b.

The request shall specify the basis for and the amount of additional time requested and shall include an explanation of the reason that substantial construction or use has not been commenced in accordance with the time specified by the Board in the approval action.

c.

A request for an extension of time may be approved only if it is determined by the zoning administrator that the use is in accordance with all applicable provisions of the Zoning Ordinance and Subdivision Ordinance, and that approval of additional time is consistent with the public interest.

d.

A request for an extension shall not be required when substantial construction or the use has been initiated and a condition of approval requires that the special exception be renewed at defined intervals. In those instances, the renewal of the special exception is controlled by the requirements of the conditions of approval.

(2)

If a request for an extension is timely filed, the special exception permit shall remain valid until a request for additional time is acted upon by the zoning administrator, subject to the following:

a.

No more than two (2) extensions may be granted. Should neither substantial construction nor use be initiated during the extension period, the special exception shall expire and a new special exception is required prior to initiation of the use.

b.

Each extension may not exceed two (2) years.

c.

The extension period begins the date the zoning administrator grants the extension.

(3)

A decision made by the zoning administrator regarding the extension of a special exception may be appealed to the Board.

(c)

Expiration.

(1)

A special exception permit shall expire:

a.

If the period of time approved by the Board for the duration of the special exception expires;

b.

If the use or construction has not commenced in accordance with these provisions, and no extension has been granted in accordance with subsection (b);

c.

If the use or activity for which a special exception was approved should cease for any reason for a period of two (2) years or more.

(2)

Should any of the situations described in this subsection occur, the special exception shall automatically expire without notice or further proceedings and the approval of a new special exception shall be required prior to any subsequent reinstatement of the use.

(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 23-16, § 2, 11-8-23)

(a)

A special exception shall be revocable by the Board at any time if the owner or operator of the use or the site subject to the permit fails to comply with the terms and conditions of the permit, or with requirements of County, State or federal laws or regulations applicable to the property.

(b)

Before revoking any exception, the Board shall conduct a public hearing and provide notice as would be required for the issuance of a special exception permit. In addition, the owner or operator shall be given at least twenty days advance written notice of the hearing date by certified mail. The notice shall include:

1.

The grounds for the proposed revocation;

2.

The date, time and place of the public hearing.

(c)

The provisions of this section shall not be deemed to preclude the use of any other available remedy with respect to violations of the conditions imposed as part of the approval of the special exception permit or provisions of this Ordinance.

(Ord. No. 12-08, § 3, 1-9-13)

It shall be the duty of the zoning administrator to enforce the provisions of this Ordinance and to refuse to issue any permit for any building, or for the use of any premises which would violate any of the provisions of said Ordinance. It shall also be the duty of all officers and employees of the County to assist the enforcing officer by reporting to him any seeming violation in new construction, reconstruction, or land uses.

(Ord. No. 12-08, § 3, 1-9-13)

No building shall be erected, constructed, altered, moved, converted, extended, or enlarged, without the owner or owners first having obtained a building permit. Such permit shall require conformity with the provisions of this Ordinance.

(Ord. No. 12-08, § 3, 1-9-13)

No building permit, lawfully issued prior to the effective date of this Ordinance, or of any amendment hereto, and which permit, by its own terms and provisions, is in force and effect at said date, shall be invalidated by the passage of this Ordinance, or any such amendment, but shall remain a valid and subsisting permit, subject only to its own terms and provisions and ordinances, rules, and regulations pertaining thereto, and in effect at the time of the issuance of such permit.

(Ord. No. 12-08, § 3, 1-9-13)

All applications for building permits shall be accompanied by a drawing or plat in duplicate or as required by the zoning administrator showing, with dimensions, the lot lines, the building or buildings, the location of buildings on the lot and such other information as may be necessary to provide for the enforcement of these regulations, including, if necessary, a boundary survey and a staking of the lot by a competent surveyor and complete construction plans. The drawings shall contain suitable notations indicating the proposed use of all lands and buildings. A careful record of the original copy of such application and plat shall be kept in the offices of the zoning administrator and a duplicate copy shall be kept at the building at all times during construction.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

No vacant land shall be occupied or used, except for agricultural uses associated with the conduct of a farm, until a certificate of occupancy shall have been issued by the zoning administrator.

(b)

No premises shall be used, and no buildings hereafter erected or structurally altered shall be used, occupied, or changed in use until a certificate of occupancy and compliance shall have been issued by the zoning administrator, stating that the building or proposed use of a building or premises complies with the building laws and the provisions of these regulations.

(c)

Certificates of occupancy and compliance shall be applied for coincident with the application for a building permit and shall be issued within ten (10) days after the erection or structural alteration of such buildings shall have been completed in conformity with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the zoning administrator.

(d)

A certificate of occupancy shall be required of all nonconforming uses. Application for a certificate of occupancy for nonconforming uses shall be filed with the zoning administrator within twelve (12) months after the effective date of this Ordinance.

(e)

The zoning administrator may issue temporary certificates of occupancy for single-family residences before the off-street parking required by the Zoning Ordinance shall have been completed, provided such temporary certificate shall be valid for a period not to exceed ninety (90) days. No such temporary certificate shall be issued until and unless appropriate surety shall have been posted with the zoning administrator in an amount sufficient to guarantee the cost of providing such off-street parking. No temporary certificate of occupancy shall be issued for a residence in a planned unit development, a subdivision for which proffers were accepted by the Board, or a multi-family zoning district, or for structures or uses requiring conditional uses or special exception approval.

(f)

The zoning administrator may issue temporary certificates of occupancy for commercial and industrial buildings and uses prior to the completion of paving for parking facilities and on-site driveways, provided that the zoning administrator finds that the issuance of the temporary certificate will not be detrimental to the public health, safety and welfare and the following requirements are met:

1.

The owner or developer shall have completed a performance agreement guaranteeing the completion of the improvements within a period of six (6) months from the issuance of the temporary permit and shall have provided security in the form of a cash or surety bond or letter of credit approved by the County Attorney as to form and approved by the zoning administrator as to content.

2.

The development shall meet all requirements of the Hanover County Code, including the zoning and subdivision ordinances, and all required improvements other than paving or landscaping shall be complete.

(g)

The zoning administrator may issue temporary certificates of occupancy for commercial and industrial buildings and uses prior to the completion of water facilities to provide required public water service to the subdivision in which the building or use is located, provided that the zoning administrator finds that the issuance of the temporary certificate will not be detrimental to the public health, safety, and welfare and the following requirements are met:

1.

The contract for construction of the water facilities by which service will be provided to the subdivision in which the building(s) or use(s) is located shall have been awarded prior to the date of issuance of the temporary certificate of occupancy, and temporary water service to the building(s) or use(s) shall be provided and shall be approved by the Health Department.

2.

The development shall meet all requirements of the Hanover County Code, including the zoning and subdivision ordinances, and all required improvements shall be complete, including facilities within the subdivision which are necessary for connection to the public water system and service within the subdivision.

3.

The temporary certificate of occupancy shall be effective until the water facilities are complete.

(Ord. No. 12-08, § 3, 1-9-13)

In case any building is erected, constructed, reconstructed, altered, repaired, or converted or any building or land used in violation of this Ordinance, the zoning administrator is authorized and directed to institute any appropriate action to put an end to such violation.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

Any person, whether the owner, lessee, principal, agent, employee or otherwise, who violates or fails to comply with any of the provisions or requirements of this zoning chapter including, but not limited to, provisions of the district regulations, proffers accepted by the board, or conditions of approval imposed by the board, or the improvement, development or alteration of any site in violation of any plan approved pursuant to this article, shall be subject to the following:

(1)

A civil penalty, as provided for in section 26-348; or

(2)

Criminal penalties, as provided for in section 26-349, when:

a.

The amount of civil penalties for a series of violations arising from the same set of operative facts exceeds five thousand dollars ($5,000.00), or

b.

A violation results in injury to any person.

(b)

If the zoning administrator determines that a violation of the zoning chapter has occurred, a notice of violation shall be issued to a person or entity responsible for such violation; provided that a notice of violation shall not be required when the zoning administrator or his designee issue a ticket as set forth in section 26-348. A notice of violation shall include the following information:

(1)

the date of the notice;

(2)

the basis for the decision;

(3)

a statement informing the recipient that the decision may be appealed to the board of zoning appeals within applicable appeal period and that the decision shall be final and unappealable if it is not timely appealed; and

(4)

The time within which the violation shall be abated.

The notice shall be either hand delivered, posted on the door of a building on the site, or mailed by regular or certified mail, provided that notice to the property owner, sent by certified mail to, or posted at, the last known address of the property owner as shown on the current real estate tax assessment books or current real estate tax assessment records shall satisfy the notice requirements of this section. In addition, if the notice of violation is issued to a person other than the property owner, a copy of the notice shall also be sent to the owner of the property.

(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 15-11, § 1, 11-10-15)

(a)

Any person who violates or fails to comply with any of the provisions or requirements of the Zoning Ordinance as described in section 26-347 shall be subject to a civil penalty of two hundred dollars ($200.00) for the initial summons or ticket, and a civil penalty of five hundred dollars ($500.00) for each additional summons or ticket arising from the same set of operative facts.

(b)

Proceedings seeking civil penalties for all violations of the Zoning Ordinance shall commence either by the filing of a civil summons in the general district court or by issuance of a ticket by the zoning administrator or his designee. A ticket shall only be issued when, in the judgment of the zoning administrator or his designee, the violation can be corrected immediately and the violator has failed to do so after being given a reasonable opportunity to do so.

(c)

Each day during which any violation exists shall constitute a separate offense. However, in no event shall any such violation arising from the same set of operative fact be charged more frequently than once in any ten-day period, nor shall a series of such violations arising from the same set of operative facts result in civil penalties which exceed a total of five thousand dollars ($5,000.00).

(d)

The designation of a particular violation of this section as a violation punishable by a civil penalty shall be in lieu of criminal sanctions and except for any violation resulting in injury to any person or persons or where the amount of civil penalties for a series of violations arising from the same set of operative facts has exceeded five thousand dollars ($5,000.00); such designation shall preclude the prosecution of a violation as a criminal misdemeanor.

(e)

A civil summons or ticket issued shall contain the following information:

1.

The name and address of the person charged.

2.

The nature of the violation and the section provision(s) being violated.

3.

The location, date and time that the infraction occurred or was observed.

4.

The amount of the civil penalty assessed for the violation.

5.

The manner, location and time in which the civil penalty may be paid to the county.

6.

The right of the recipient of a civil summons to elect to stand trial for the violation, and either the date scheduled for such trial or the date for scheduling of such trial by the court.

(f)

The summons or ticket shall provide that any person summoned for a violation may elect to pay the civil penalty by making an appearance in person or in writing by mail to the county treasurer's office at least seventy-two (72) hours prior to the time and date fixed for trial and, by such appearance, may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged. Such summons shall provide that a signature to an admission of liability shall have the same force and effect as a judgment of court; however, an admission shall not be deemed a criminal conviction for any purpose.

(g)

If a person charged with a 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 by law. A finding of liability shall not be deemed a criminal conviction for any purpose.

(h)

The total civil penalties from a series of violations arising from the same set of operative facts shall not exceed five thousand dollars ($5,000.00). After the civil penalties reach the five thousand dollar ($5,000.00) limit, the violation may be prosecuted as a criminal misdemeanor under section 26-349.

(i)

If the violation remains uncorrected at the time of the admission of liability or finding of liability, the court may order the violator to abate or remedy the violation in order to comply with the zoning chapter. Except as otherwise provided by the court for good cause shown, any such violator shall abate or remedy the violation within a period of time as determined by the court, but not later than six (6) months of the date of admission of liability or finding of liability. Each day during which the violation continues after the court-ordered abatement period has ended shall constitute a separate offense.

(j)

Civil penalties are in lieu of criminal penalties. A violation enforced under this section and section 26-347 shall be in lieu of any criminal penalty except as provided in section 26-347(a)(2) and, except for any violation resulting in injury to any person, such a designation shall preclude the prosecution of the particular violation as a criminal misdemeanor. The remedies provided for in this section are otherwise cumulative and not exclusive and shall be in addition to any other remedies provided by law.

(k)

This section shall not be construed to allow the imposition of civil penalties for:

1.

Activities related to land development where, for the purposes of this section, the term "land development" means a human-made change to, or construction on, the land surface including, but not limited to, land disturbing activity within the meaning of chapter 10 of the Hanover County Code or the construction of buildings, structures or improvements under an approved site plan or subdivision plat, but does not mean the land development project's compliance with this chapter; and

2.

The violation of any provision of the Hanover County Code relating to the posting of signs on public property or public rights-of-way.

(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 15-11, § 2, 11-10-15)

Any person who violates or fails to comply with any of the provisions or requirements of the zoning chapter as set described in section 26-347 and:

1.

The violation or failure to comply results in injury to any person, or

2.

The violation or failure to comply occurs after the five thousand dollar ($5,000.00) maximum aggregate civil penalty provided in section 26-347 has been reached,

shall have committed a misdemeanor offense punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00). If the violation is uncorrected at the time of conviction, the court shall order the person convicted to abate or remedy the violation in compliance with this chapter, within a time period established by the court. Failure to remove or abate such violation within the time period established by the court shall constitute a separate misdemeanor offense punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00), and any such failure during any succeeding ten (10) day period shall constitute a separate misdemeanor offense for each ten (10) day period, punishable by a fine of not less than one hundred dollars ($100.00) nor more than one thousand five hundred dollars ($1,500.00).

(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 15-11, § 3, 11-10-15)