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Harrisonburg City Zoning Code

ARTICLE C

- ADMINISTRATION AND ENFORCEMENT

Sec. 10-3-9.- Enforcement.

It shall be the duty of the zoning administrator and such deputies as are appointed by him to enforce the provisions of this chapter 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 this chapter. It shall also be the duty of all officers and employees of the city to assist the enforcing officer by reporting to him any seeming violation in new construction, reconstruction or land uses.

(Ord. of 4-23-96)

Sec. 10-3-10. - Building permits.

(a)

A building permit issued by the building and zoning office is required in advance of the initiation of construction of any building or structure. All applications for the building permits shall be accompanied by a site plan in duplicate drawn to scale, showing the actual size of building to be erected, the location of the building on the lot, the number of dwelling units the building is designed to accommodate, the setback lines of buildings on lot or lots, and such other information concerning the lot or lots as may be essential for determining whether the provisions of this chapter are being observed.

(b)

All applications for building permits shall be kept by the building and zoning office. Upon approval, all shall become a matter of public record.

(Ord. of 4-23-96)

Sec. 10-3-11. - Certificate of occupancy.

(a)

A building hereafter erected under the expressed conditions of a building permit, with the exception of accessory buildings not intended for human occupancy, shall not be occupied in whole or in part until a certificate of use and occupancy, hereafter known as an occupancy permit, has been issued by the office of the building official. Said permit shall certify compliance with current administration requirements as stated within the documents known as the Virginia Uniform Statewide Building Code. In addition, the occupancy permit shall also certify applicable compliance with current zoning regulations as attested by the zoning administrator.

(b)

An existing building hereafter enlarged, structurally altered and/or changed in use under the expressed conditions of a building permit, with the exception of accessory buildings not intended for human occupancy, shall not be occupied in whole or in part until an occupancy permit has been issued by the same official which shall certify building and zoning compliance under the same applicable state and city regulations. For the purpose of zoning interpretation, the conversion of single-family residential function to multifamily or other tenant facilities shall constitute a change in use.

(c)

Prior to submitting a request for a certificate of occupancy, the owner or developer shall have completed, or posted an approved surety for, all required improvements included on the approved comprehensive site plan, building permit, or revisions thereto.

(Ord. of 4-23-96; Ord. of 4-24-12(1))

Sec. 10-3-12. - Use, area, etc., generally.

Except as provided in this section:

(1)

No building or land shall be used or occupied and no building or part thereof shall be erected, moved or altered except in conformity with the regulations herein specified for the district in which it is located, except as hereinafter provided.

(2)

Every building hereafter erected or structurally altered shall be located on a lot as herein defined, and in no case shall there be more than one building on the lot used for dwelling purposes except as otherwise provided. (See Group Housing Project definition)

(3)

No lot shall be reduced in size so that width, yard requirements, lot area per dwelling unit or other requirements of this chapter are not maintained

(Ord. of 4-23-96)

Sec. 10-3-13. - Penalties.

(1)

Any person, firm, or corporation found in violation of any provision of this chapter, upon conviction shall be guilty of a class 1 misdemeanor, unless designated as a civil penalty under subsection (2).

(2)

Civil penalties.

a.

A violation of the following provisions of the Zoning Ordinance shall be punishable by a civil penalty of one hundred dollars ($100.00) for a first offense, two hundred dollars ($200.00) for a second offense, and five hundred dollars ($500.00) for each subsequent offense arising from the same set of operative facts:

i.

Operating a short-term rental or homestay in violation of the Zoning Ordinance.

ii.

Erecting a sign prior to approval of a sign permit or other violation of article EE.

b.

Each day during which any violation punishable by a civil penalty is found to have existed shall constitute a separate offense; however, in no event shall any such violation arising from the same set of operative facts be charged more frequently than once in any ten-day period, nor shall a series of violations arising from the same set of operative facts result in civil penalties exceeding a total of five thousand dollars ($5,000.00).

c.

The designation of a particular violation of this chapter as subject to civil penalties shall be in lieu of criminal sanctions under subsection (1), provided, however, that when such civil penalties total five thousand dollars ($5,000.00), the violation may be prosecuted as a criminal misdemeanor.

(Ord. of 4-23-96; Ord. of 9-27-11(3); Ord. of 3-26-19(1); Ord. of 7-23-19; Ord. of 1-14-20; Ord. of 9-8-20(2))