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Onancock City Zoning Code

ARTICLE XIV

ADMINISTRATION AND ENFORCEMENT

Sec. 38-476.- Zoning permits.

Buildings or structures shall be started, reconstructed, enlarged or altered only after a zoning permit has been obtained from the zoning administrator. The zoning permit shall state that the proposed construction, use, or other activity is in accord with all provisions of this chapter. The zoning administrator may promulgate rules determining what information shall accompany each application for a permit herein.

(Code 1989, § 24-87; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Ord. of 6-22-2020)

Sec. 38-477. - Planning commission approval.

No street, park or other public area, or public structure, public utility facility, public building or public service corporation facility, whether publicly or privately-owned, shall be constructed, established or authorized, unless and until the general location or approximate location, character, and extent thereof has been submitted to and approved by the planning commission as being substantially in accord with the adopted comprehensive plan or part thereof. In connection with any such determination the commission may, and at the direction of the council, shall hold a public hearing, after notice as required by Code of Virginia, § 15.2-2204. Any public area, facility, park, or use as set forth above which is identified within, but not the entire subject of, a subdivision plat submitted under the town's subdivision ordinance, a site development plan submitted under the town's zoning ordinance, or both, may be deemed a feature already shown on the adopted master plan, and, therefore, excepted from the requirement for submittal to and approval by the commission or the council, provided that the council has by ordinance or resolution defined standards governing the construction, establishment or authorization of such public area, facility, park, or use.

(Code 1989, § 24-88; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Amd. of 2-9-1998; Ord. of 11-18-2024(1))

Sec. 38-478. - Zoning administrator.

(a)

This chapter shall be administered by the zoning administrator who shall be appointed by the town council and assisted by such other persons at the town council may direct. The zoning administrator shall have all necessary authority to administer and enforce the provisions of this chapter.

(b)

Along with his deputies and inspectors, the zoning administrator is hereby empowered to enter and go upon any private or public property in the town for the purpose of inspecting for compliance with this chapter and of administration and enforcement hereof, provided that any and all such entries shall be in accordance with the general requirements of due process, including written notice, and nothing herein shall authorize or purport to authorize any unlawful search or seizure.

(c)

The zoning administrator is authorized to grant a modification from any provision contained in this chapter with respect to physical requirements on a lot or parcel of land, including, but not limited to, size, height, location or features of or related to any building, structure, or improvements if the administrator finds in writing that strict application of this chapter would produce undue hardship; and such hardship is not shared generally by other properties in the same zoning district; and the authorization of the modification will not be of substantial detriment to adjacent property and the character of the zoning district will not be changed by granting the modification. Prior to granting the modification, the administrator shall give all adjoining property owners written notification of the request for modification and an opportunity to respond to same within 21 days. The administrator shall make a written decision on the request for modification and forward a copy to the applicant and to any adjoining landowner who responded to the notice. The decision of the administrator may be appealed by any aggrieved person in the same manner as any other decision of the administrator.

(Code 1989, § 24-89; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Ord. No. O-01-2012, § 24-29, 8-27-2012)

Sec. 38-479. - Compliance with chapter by persons issuing permits or licenses.

All departments, officials and public employees of the town, who or 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.

(Code 1989, § 24-90; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997)

Sec. 38-480. - Violations and penalties.

Any person who violates any provision of this chapter or any amendment thereto, or who fails to perform any act required hereunder or does any prohibited act, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as provided by section 1-14. Each and every day on which any violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. Any violation of this chapter is hereby declared to be a public nuisance per se and shall be enjoined to cease.

(Code 1989, § 24-91; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997)