Mathews County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE 20
Enforcement
§ 175-20.1 Zoning permits (clearances) required.
Except for fences, flag poles, mail and newspaper boxes, hunting blinds, dog pens and other noncommercial animal containment facilities (except those addressed in § 175-15.16 which shall obtain a zoning clearance) and television and radio receiving antennas, it shall be unlawful to use land or structures or to alter or erect structures until a zoning permit (clearance) is obtained from the Zoning Administrator. If an activity requires a building permit, the Zoning Administrator shall review the application for the zoning clearance and approve such application before building permits are issued. Where site plan review is required, the application for zoning clearance may be incorporated into the application for site plan review, in which case the requirements for site plan review, in Article 17 herein shall apply. The intent of the zoning clearance is to show that land, structures, and uses of land and structures are in conformity with the provisions of this chapter and any other lawfully adopted statutes, rules, regulations, or ordinances.
§ 175-20.2 Contents of application for zoning permits.
The application for a zoning permit shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied on the application. Each application shall clearly state that the permit shall expire if a building permit has not been acquired for the work described in the zoning permit within one year from the date of issuance thereof. At a minimum, the application shall contain the following information:
A.
Name, address, and telephone number of applicant and owner;
B.
Legal description of property;
C.
Existing use;
D.
Proposed use;
E.
Zoning district;
F.
Plans in triplicate drawn to scale, showing the dimensions and the shape of the lot to be built upon; the size and location of existing buildings on the lot, if any; and the location and dimension of the proposed building(s) or alteration;
(1)
A setback verification survey prepared by a Virginia licensed surveyor is required whenever any building or addition is being constructed within a Resource Protection Area (RPA) or within 10 feet of any front, rear, side or corner side setback; RPA boundary line; or tidal or non-tidal wetland. Setback compliance must be certified by the surveyor before an approved foundation (footing) inspection will be granted. The setback verification survey may be waived by the Administrator if either an improvements survey or other means of accurately determining setback compliance exists.
G.
Building heights;
H.
Number of off-street parking spaces or loading berths;
I.
Number of dwelling units;
J.
Such other matters as may be necessary to determine conformance with and provide for the enforcement of this chapter; and
K.
A fee as established by the governing body.
§ 175-20.3 Approval of zoning permits.
Within 30 days after the receipt of an application, the Administrator shall either approve or disapprove the application in conformance with the provisions of this chapter. Zoning clearances incorporated into building permits and/or site plan review procedures shall expire in the same manner as building permit and/or site plan approval. Zoning clearances incorporated into site plan submittal shall be approved or disapproved under the same time frame as set forth for approval or disapproval of site plans in Article 17. All zoning permits shall, however, be conditional upon the commencement of work within one year. The original plans shall be retained by the Administrator after he shall have marked such plans either approved or disapproved and attested to same by his signature. One copy of the plans similarly marked shall be returned to the applicant by the Administrator. A second copy of the plans similarly marked shall be forwarded to the Building Official by the applicant.
§ 175-20.4 Expiration of zoning permit.
If a building permit has not been acquired for the work described in any zoning permit within one year from the date of issuance thereof, said zoning permit shall expire.
§ 175-20.5 Building permits.
A.
Except as provided in § 175-20.1, no building permit shall be issued after the effective date of this chapter unless a zoning permit shall have been issued by the Administrator first.
B.
Nothing contained herein shall require any change in the plans or construction of any building or structure for which a building permit was granted prior to the effective date of this chapter; however, such construction must commence within the same time period as established by the building permit regulations for conforming uses and within the time period provided in § 175-16.1 for nonconforming uses. If construction is discontinued for a period of 12 months or more for conforming uses not complying with the area requirements of the district in which it is located, further construction shall be in conformity with the provisions of this chapter for the district in which the operation is located. Construction of nonconforming uses as provided in § 175-16.1 shall not be discontinued for extended periods of time except under unusual circumstances, such as inclement weather, which are not brought on by actions or inactions of the owner or his agents.
§ 175-20.6 Certificate of occupancy.
Buildings or land may be used or occupied and buildings structurally altered or newly erected may be used or changed in use only after a certificate of occupancy, approved by the Administrator, has been issued by the Building Official. Such permit shall state that the building or the proposed use or the use of the land complies with the provisions of this chapter.
§ 175-20.7 Compliance with applications, plans, permits and certificates.
Building and zoning permits or certificates of occupancy issued on the basis of plans and applications approved by the Administrator and Building Official authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed violation of this chapter and punishable accordingly.
§ 175-20.8 Enforcement procedures.
[Amended 10-25-2022]
A.
Upon receipt of a complaint, if the Administrator shall find, after an investigation, that any of the provisions of this chapter are being violated, he shall notify, in writing, the property owner, indicating the nature of the violation and stating the action necessary to correct it. This writing shall be known as a "courtesy letter" and shall include any and all photographs taken by the Administrator. The Administrator shall use best efforts to cooperatively resolve a zoning violation with a property owner.
B.
If the violation is not corrected following the courtesy letter and cooperative efforts by the Administrator, the Administrator shall then issue a notice of violation specifying the nature of the violation and the corrective action required. The notice of violation shall state that the property owner may appeal to the Board of Zoning Appeals within 30 days and shall indicate the cost of the filing fee. The notice of violation shall also state that if the notice of violation is not appealed to the Board of Zoning Appeals, the determination of the zoning violation by the Administrator shall be final and unappealable.
C.
If the zoning violation has not been corrected following expiration of the time to appeal the notice of violation, and if no appeal has been filed, the Administrator shall work with the County Attorney to initiate civil proceedings to bring about corrective action by the property owner as required by the notice of violation. Alternatively, after all appeals have been exhausted by the property owner the Administrator shall work with the County Attorney to initiate civil proceedings to bring about corrective action by the property owner as required by the notice of violation. No civil proceeding for enforcement of the corrective action required by the notice of violation shall be initiated by the County Attorney without formal authorization by a majority vote of the Mathews County Board of Supervisors.
D.
In the event that a zoning violation presents a dangerous or imminent circumstance, with the approval of the County Administrator and the Chairman of the Board of Supervisors, the Administrator may deviate from the procedures outlined in this section and take such civil action, in conjunction with the County Administrator and the County Attorney, as is appropriate under the circumstances to protect the health, safety and welfare of the citizens.
E.
In the event of an extraordinary circumstance involving a zoning violation where criminal penalties may be appropriate, the Administrator may initiate criminal action to correct a zoning violation after obtaining formal authorization by a majority vote of the Mathews County Board of Supervisors.
§ 175-20.9 Permits and licenses. [1]
[Amended 10-25-2022]
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 chapter. They shall issue permits for uses, buildings, or purposes only when they are in harmony with the provisions of this chapter. Any such permit, if issued in conflict with the provisions of this chapter, shall be null and void.
[1]
Editor's Note: Former § 175-20.9, Enforcement remedies, was repealed 10-25-2022. This ordinance also redesignated former § 175-20.10 as § 175-20.9.
§ 175-20.11 Schedule of fees, charges, expenses and required materials.
The governing body shall establish by resolution a schedule of fees, charges, expenses, and required materials, and a collection procedure for building permits, certificates of occupancy, appeals, and other matters pertaining to this chapter. The schedule of fees which is adopted by reference and declared to be a part of the ordinance shall be posted in the offices of the Administrator and may be altered or amended only by the governing body. Sufficient fees shall be collected to cover the cost of making inspections, issuing permits, advertising of notices, and other expenses incident to the administration of this chapter. Until all applicable fees, charges, and expenses have been paid in full and all required material has been submitted, no action shall be taken on any application or appeal and required time limitations for review and consideration of such application or appeal shall not commence until receipt of all applicable fees and materials.
