In addition to those duties described in section 3-3 above, this ordinance shall be enforced by a zoning administrator who shall be appointed by the governing body. The zoning administrator shall serve at the pleasure of the body. Compensation for such shall be fixed by resolution of the governing body.

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

a.

Any person, firm, or corporation whether as principal, agent, employee, or otherwise violating, causing, or permitting the violation of any of the provisions of this zoning ordinance shall be fined up to $250.00. Such person, firm or corporation shall be deemed to be guilty of a separate offense for each and every day during which any portion of any violation of this zoning ordinance is committed, continued or permitted by such person, firm or corporation and shall be punishable as herein provided.

b.

In addition to the requirements and penalties specified above, the zoning administrator may, and it shall be his duty to invoke any other lawful procedure available to the town such as injunctions, abatement or otherwise, as may be necessary, to prevent, restrain, correct or abate any violation of this zoning ordinance.

(Ord. of 6-19-2018(2))

It is hereby declared to the intention that the several provisions of this ordinance are separable, in accordance with the following:

(1)

If any court of competent jurisdiction shall adjudge any provision of this ordinance to be invalid, such judgment shall not affect any other provisions of this ordinance not specifically included in said judgment.

(2)

If any court of competent jurisdiction shall adjudge invalid the application of any provision of this ordinance to a particular property, building, or other structure, such judgment shall not affect the application of said provision to any other property, building or structure not specifically included in said judgment.

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 90 days after this zoning ordinance becomes effective. If construction is discontinued for a period of six continuous months, further construction shall be in conformity with the provisions of this ordinance for the district in which the construction is located.

a.

The regulations, restrictions and boundaries established in this ordinance may from time to time be amended, supplemented, changed, modified or repealed by a favorable majority vote of the governing body, provided:

(1)

That a public hearing shall be held in relation thereto at which parties in interest and citizens shall have an opportunity to be heard.

(2)

Notice of the time and place of such hearing shall be published once a week for two successive weeks in some newspaper having a general circulation in the jurisdiction. Such notice shall specify the time and place of the hearing at which persons affected may appear and present their views not less than six days nor more than 21 days after the second advertisement shall appear in such newspaper. After enactment of any such plan, ordinance or amendment, further publication thereof shall not be required.

b.

Changes shall be made by the governing body in the zoning map and/or the zoning ordinance only after such changes have been referred to the planning commission for a report. Action shall be taken by the governing body only after a report has been received from the planning commission, unless a period of 60 days has elapsed after date of referral to the commission, after which time it may be assumed the commission has approved the change or amendment.

c.

In considering amendments to the zoning map, no additional land may be zoned by the council to a different classification that was contained in the public notice without an additional public hearing after notice required by [section] 13-6a.(1) and (2) above.

d.

Individual property owners may petition the governing body to have their property rezoned by filing an application with the zoning administrator. In such cases, in addition to the requirements of [section] 13-6 a., written notice shall be given at least five days before the hearing to the owners, their agent or occupant of all abutting property, and property immediately across the street or road from the property affected. Notice shall also be given to the owner, their [his] agent or the occupant, of all abutting property and property affected which lies in an adjoining county. Notice sent by registered or certified mail to the last known address of such owner as shown on the current real estate tax assessment books shall be deemed adequate compliance with this requirement. If the hearing is continued, notice shall be remailed.

e.

Upon the denial of any application filed to change a zoning district, no further application concerning any or all the same property shall be filed for rezoning to the same or to a less restrictive use in less than 12 months from the time of denial by the governing body.

f.

An application for an amendment may be withdrawn at any time, providing that if the request for withdrawal is made after publication of a notice of public hearing, no application for the reclassification of all or any part of the same property shall be filed within three months of the withdrawal date. There shall be no refund of rezoning fees in the case of withdrawal.

g.

All additional requirements in Code of Virginia, §§ 15.1-431 [15.2-2204] and 5.1-493 [15.2-2285] shall apply.

The cost for each hearing, including advertisement when required, shall be borne by the applicant or petitioner. The applicant or petitioner shall make a deposit simultaneously with the filing of his application or petition of the sum applicable as follows, which sum shall be deemed to the cost of such hearing: