- ADMINISTRATION AND ENFORCEMENT10
Cross reference— Administration, pt. I, ch. 2.
A.
This zoning ordinance shall be administered and enforced by an officer to be known as the zoning administrator, who shall be appointed by the board of supervisors and who may hold other appointed offices in the county. The zoning administrator shall have all necessary authority on behalf of the board of supervisors and shall receive the necessary assistance and cooperation of other appropriate county officials to carry out the duties prescribed in this article and elsewhere in this zoning ordinance.
B.
The zoning administrator shall review all applications for building permits and certificates of occupancy as required herein and shall approve or disapprove same based on compliance or noncompliance, as the case may be, with the provisions of this zoning ordinance.
C.
The zoning administrator shall use his or her best endeavors to prevent violations of the provisions of this zoning ordinance and to detect and secure the correction of same. The zoning administrator shall be vested with all necessary authority on behalf of the board of supervisors to administer and enforce the provisions of this zoning ordinance, including, without limitation, any conditions attached to a rezoning or amendment to the zoning district map. Such authority shall include (i) the ordering, in writing, of the remedy of any noncompliance with any such conditions of this zoning ordinance, (ii) the bringing of legal action to ensure compliance with such conditions of this zoning ordinance, including injunction, abatement or other appropriate action or proceeding, and (iii) the requiring of a guarantee, satisfactory to the board of supervisors, in an amount sufficient for and conditioned upon the construction of any physical improvements required by such conditions, or a contract for the construction of any physical improvements required by such conditions, or a contract for the construction of such improvements and the contractor's guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by the board of supervisors, or agent thereof, upon the submission of satisfactory evidence that construction of such improvements has been completed in whole or in part. Such guarantee shall be furnished before final site plan, plan of development, or subdivision plat approval. Failure to meet all such conditions shall constitute cause to deny the issuance of any of the required use, occupancy or building permits, as may be appropriate.
D.
The zoning administrator shall maintain records of all official actions taken with respect to the administration and enforcement of this zoning ordinance.
No building permit as required by the provisions of the county building code shall be issued by the building official until the zoning administrator has approved the application for such building permit by certifying thereon after verifying that the construction proposed by such application and the use to be made of the building comply with all applicable provisions of this zoning ordinance.
In addition to such plans as required by the county building code, all applications for building permits shall be accompanied by plans drawn to scale and in such number as required by the zoning administrator showing, with dimensions, lot lines, yards, buildings, the location of buildings on the lot, and such other information as may be necessary to provide for the enforcement of the provisions of this zoning ordinance, including, if deemed necessary by the zoning administrator, a boundary survey and staking of the lot by a competent surveyor. Plans shall contain suitable notations indicating the proposed use of all buildings and land, including the number of families and dwelling units. A copy of the building permit application and all accompanying plans and information shall be kept by the building official or the zoning administrator as a permanent record. The zoning administrator may waive any of the plan requirements set forth herein when the particular information is clearly unnecessary to determine compliance with the provisions of this zoning ordinance and to establish sufficient record of the application.
No building or land shall be used or occupied nor shall any newly constructed or structurally altered building be occupied nor shall the use of any building or land be changed to a different use unless a certificate of occupancy for such has been issued by the building official. No certificate of occupancy shall be issued by the building official until the zoning administrator has approved the certificate of occupancy by certifying thereon after verifying that the building, land and the intended use thereof comply with all applicable provisions of this zoning ordinance.
Building permits and certificates of occupancy issued on the basis of applications and plans approved by the zoning administrator and building official authorize only the construction, arrangement and use set forth in such approved applications and plans, and any construction, arrangement or use not in compliance with that authorized shall be deemed a violation of this zoning ordinance.
It shall be unlawful for any owner of any land, building or premises, or the agent thereof having possession or control of such property, or for any lessee, tenant, architect, engineer, builder, contractor or any other person to violate any of the provisions of this zoning ordinance or of any special exception, variance or conditional use permit granted under the provisions of this zoning ordinance. It shall be unlawful for any such owner, agent, lessee, tenant, architect, engineer, builder, contractor or other person to take part in or to assist in any such violation.
Violation of the provisions of this zoning ordinance shall, upon conviction, be a misdemeanor punishable as provided in Code of Virginia, §§ 15.2-2286, 15.2-2287, 15.2-2288, 15.2-2303.
Associated fees for applications for building permits and other building related fees are found in chapter 10 of the County Code.
Zoning and planning fees shall be assessed as follows:
(1)
Land use permit fees.
(2)
Subdivision fees.
(3)
Miscellaneous.
(4)
Refunds of application fees. An applicant may request that an application be withdrawn and request that the county board of supervisors refund 90 percent of any excess over $50.00 of the application fee which has been paid to the county. All such requests must be made in writing, prior to any advertising occurring in any newspaper. If any advertising in any newspaper has occurred, an applicant shall not be entitled to a refund of the fee paid under any circumstances.
(Ord. of 5-8-2006(2); Ord. of 7-9-2018(2); Ord. of 1-13-2020(2); Ord. of 5-10-2021; Ord. of 11-8-2021(1))
- ADMINISTRATION AND ENFORCEMENT10
Cross reference— Administration, pt. I, ch. 2.
A.
This zoning ordinance shall be administered and enforced by an officer to be known as the zoning administrator, who shall be appointed by the board of supervisors and who may hold other appointed offices in the county. The zoning administrator shall have all necessary authority on behalf of the board of supervisors and shall receive the necessary assistance and cooperation of other appropriate county officials to carry out the duties prescribed in this article and elsewhere in this zoning ordinance.
B.
The zoning administrator shall review all applications for building permits and certificates of occupancy as required herein and shall approve or disapprove same based on compliance or noncompliance, as the case may be, with the provisions of this zoning ordinance.
C.
The zoning administrator shall use his or her best endeavors to prevent violations of the provisions of this zoning ordinance and to detect and secure the correction of same. The zoning administrator shall be vested with all necessary authority on behalf of the board of supervisors to administer and enforce the provisions of this zoning ordinance, including, without limitation, any conditions attached to a rezoning or amendment to the zoning district map. Such authority shall include (i) the ordering, in writing, of the remedy of any noncompliance with any such conditions of this zoning ordinance, (ii) the bringing of legal action to ensure compliance with such conditions of this zoning ordinance, including injunction, abatement or other appropriate action or proceeding, and (iii) the requiring of a guarantee, satisfactory to the board of supervisors, in an amount sufficient for and conditioned upon the construction of any physical improvements required by such conditions, or a contract for the construction of any physical improvements required by such conditions, or a contract for the construction of such improvements and the contractor's guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by the board of supervisors, or agent thereof, upon the submission of satisfactory evidence that construction of such improvements has been completed in whole or in part. Such guarantee shall be furnished before final site plan, plan of development, or subdivision plat approval. Failure to meet all such conditions shall constitute cause to deny the issuance of any of the required use, occupancy or building permits, as may be appropriate.
D.
The zoning administrator shall maintain records of all official actions taken with respect to the administration and enforcement of this zoning ordinance.
No building permit as required by the provisions of the county building code shall be issued by the building official until the zoning administrator has approved the application for such building permit by certifying thereon after verifying that the construction proposed by such application and the use to be made of the building comply with all applicable provisions of this zoning ordinance.
In addition to such plans as required by the county building code, all applications for building permits shall be accompanied by plans drawn to scale and in such number as required by the zoning administrator showing, with dimensions, lot lines, yards, buildings, the location of buildings on the lot, and such other information as may be necessary to provide for the enforcement of the provisions of this zoning ordinance, including, if deemed necessary by the zoning administrator, a boundary survey and staking of the lot by a competent surveyor. Plans shall contain suitable notations indicating the proposed use of all buildings and land, including the number of families and dwelling units. A copy of the building permit application and all accompanying plans and information shall be kept by the building official or the zoning administrator as a permanent record. The zoning administrator may waive any of the plan requirements set forth herein when the particular information is clearly unnecessary to determine compliance with the provisions of this zoning ordinance and to establish sufficient record of the application.
No building or land shall be used or occupied nor shall any newly constructed or structurally altered building be occupied nor shall the use of any building or land be changed to a different use unless a certificate of occupancy for such has been issued by the building official. No certificate of occupancy shall be issued by the building official until the zoning administrator has approved the certificate of occupancy by certifying thereon after verifying that the building, land and the intended use thereof comply with all applicable provisions of this zoning ordinance.
Building permits and certificates of occupancy issued on the basis of applications and plans approved by the zoning administrator and building official authorize only the construction, arrangement and use set forth in such approved applications and plans, and any construction, arrangement or use not in compliance with that authorized shall be deemed a violation of this zoning ordinance.
It shall be unlawful for any owner of any land, building or premises, or the agent thereof having possession or control of such property, or for any lessee, tenant, architect, engineer, builder, contractor or any other person to violate any of the provisions of this zoning ordinance or of any special exception, variance or conditional use permit granted under the provisions of this zoning ordinance. It shall be unlawful for any such owner, agent, lessee, tenant, architect, engineer, builder, contractor or other person to take part in or to assist in any such violation.
Violation of the provisions of this zoning ordinance shall, upon conviction, be a misdemeanor punishable as provided in Code of Virginia, §§ 15.2-2286, 15.2-2287, 15.2-2288, 15.2-2303.
Associated fees for applications for building permits and other building related fees are found in chapter 10 of the County Code.
Zoning and planning fees shall be assessed as follows:
(1)
Land use permit fees.
(2)
Subdivision fees.
(3)
Miscellaneous.
(4)
Refunds of application fees. An applicant may request that an application be withdrawn and request that the county board of supervisors refund 90 percent of any excess over $50.00 of the application fee which has been paid to the county. All such requests must be made in writing, prior to any advertising occurring in any newspaper. If any advertising in any newspaper has occurred, an applicant shall not be entitled to a refund of the fee paid under any circumstances.
(Ord. of 5-8-2006(2); Ord. of 7-9-2018(2); Ord. of 1-13-2020(2); Ord. of 5-10-2021; Ord. of 11-8-2021(1))