Shenandoah County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE XV
Administration and Enforcement
§ 165-102 Zoning Administrator.
A.
A Zoning Administrator shall be appointed by the Board of Supervisors to administrator and enforce this chapter. He shall have such duties as are conferred on him by this chapter and the Code of Virginia, as amended. The Zoning Administrator may also hold another office in the County.
B.
The Zoning Administrator shall have all necessary authority on behalf of the governing body to administer and enforce this chapter, including the ordering and writing of the remedying of any conditions found in violation of this chapter, and the bringing of legal action to ensure compliance with this chapter, including an injunction, abatement or other appropriate action or proceedings.
[Amended 5-12-1987; 9-23-1997 by Ord. No. 97-7]
C.
Granting of modifications.
[Added 8-22-2017 by Ord. No. 2017-11]
(1)
The Zoning Administrator is authorized to grant a modification from any provision contained in the Shenandoah County Zoning Ordinance 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 Zoning Administrator finds in writing that:
(a)
The strict application of the ordinance would produce undue hardship;
(b)
Such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and
(c)
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 the granting of the modification.
(2)
Prior to the granting of a modification, the Zoning Administrator shall give, or require the applicant to give, all adjoining property owners written notice of the request for modification and an opportunity to respond to the request within 21 days of the date of the notice. The Zoning Administrator shall make a decision on the application for modification and issue a written decision with a copy provided to the applicant and any adjoining landowner who responded in writing to the notice sent pursuant to this Subsection C. The decision of the Zoning Administrator shall constitute a decision within the purview of Code of Virginia, § 15.2-2311, and may be appealed to the Board of Zoning Appeals as provided by that section. Decisions of the Board of Zoning Appeals may be appealed to the Circuit Court as provided by Code of Virginia, § 15.2-2314.
§ 165-103 Fees.
[Amended 9-12-1989; 1-22-2002 by Ord. No. 02-2]
The governing body shall establish, by resolution, a schedule of fees, charges, expenses and collection procedures for the review of rezoning and text amendment requests, special use permit applications, zoning applications and site plans. Such fees shall be displayed in the office of the Zoning Administrator. Fees shall not be charged for farm structures, reconstruction that does not change the setbacks or height of the building, alterations that do not change the setbacks or height of the building, and relocation of accessory structures within the same parcel.
§ 165-104 Zoning permits.
[Amended 3-27-2001 by Ord. No. 01-2; 1-22-2002 by Ord. No. 02-2; 4-26-2011 by Ord. No. 2011-03; 5-24-2022 by Ord. No. 2022-04; 4-25-2023 by Ord. No. 2023-01; 9-24-2024]
A.
Permit required. A zoning permit is required for any change of the use of land or building or the construction of a new building or the reconstruction, enlargement or alteration of an existing building, except that fences, driveways, sidewalks, roof coverings, siding, shutters, doors, gutters and downspouts, interior remodeling, interior and exterior painting, uncovered steps, and uncovered handicapped ramps shall not require permits.
B.
Application.
(1)
Application for permits shall be submitted to the Zoning Administrator on forms provided by the Administrator. Such application may be made at the same time and on the same form as the building permit.
(2)
An adequately dimensioned drawing shall accompany all applications:
(b)
Lots of certain sizes; underlying grading plans; approval or disapproval.
[1]
On lots of 1.5 acres in size or less, all new primary structures and all new dwellings shall require a plat prepared by a surveyor licensed in the Commonwealth of Virginia certifying the location of the foundation footer and all proposed structural projections above the foundation and containing a certificate of approval by the Zoning Administrator.
[2]
On lots over 1.5 acres, when a new primary structure or a new dwelling is to be located within 20 feet of any setback line, a plat showing the distance of the foundation footer to the nearest property line shall be prepared as described above.
[3]
On lots of any size where the Zoning Administrator determines a foundation survey to be necessary for a primary or accessory structure due to unusual circumstances, including, but not limited to, close proximity of the structure to features such as the 100-year floodplain, stream buffers as defined in § 165-85.1, or conservation easements. A plat showing the distance of the foundation footer to the nearest property line and any applicable features shall be prepared as described above in § 165-104B(2)(b)[1].
[4]
On lots in subdivisions with an underlying grading plan, a plat prepared by a surveyor certifying the location of the foundation wall and all proposed structural projections above the foundation may be submitted in lieu of a plat showing the location of the foundation footer. The foundation wall survey may serve as the as-built for erosion and sediment control if it meets the requirements of § 87-4B(2)(a) of the Shenandoah County Code.
[5]
If all setback and yard requirements have been met, the Administrator shall mark the plat approved and shall forward a copy of the plat to the Building Official in order for the building inspection process to continue. If the plat is disapproved, the Administrator shall give the property owner a written basis for the rejection.
(c)
For all other structures and uses, an uncertified but adequately dimensioned site plan is required. Plats can be used if they show the required information. The site plan shall show the following:
[1]
The location of any public and private roads, rights-of-way, driveways, streams, creeks, rivers, and other significant features adjoining, within, or running through said parcel of land.
[2]
The location of all existing and proposed structures in relation to property lines, public and private roads, rights-of-way, driveways, streams, creeks, and rivers adjoining or running through said parcel of land.
(3)
The permit application shall be acted upon within 30 days from the date of the application. In case of refusal, the applicant shall be informed that he can appeal to the Board of Zoning Appeals. If the proposed building and/or use meets the standards in this chapter, a permit shall be issued to the applicant by the Administrator.
C.
Expiration. A zoning permit shall expire six months after the date of issuance, if work described in any permit has not yet begun. If work has begun within this period, said permit shall expire two years from the date of issuance. The Administrator shall have the power to extend the time limit of a zoning permit for an additional period not to exceed two years.
§ 165-105 Certificate of occupancy.
A certificate of occupancy shall be applied for at the same time as the zoning permit. Such a certificate shall be issued after the building or the proposed activity or the use of the land complies with the provisions of this chapter.
§ 165-106 Special use permit.
[Amended 12-27-1979; 6-8-1982]
A.
Where uses are permitted by special permit, the location and beginning of such uses shall require, in addition to the zoning permit and certificate of occupancy, a special use permit. These permits shall be subject to such conditions as required in this chapter and those that the Board of Supervisors deems necessary to carry out the intent and general purpose of this chapter. The review needed to obtain this permit will ensure that the use will not have a harmful effect on the surrounding area. The effects of each use will be studied and conditions set to reduce any problems due to the operation or type of use being studied.
B.
Application for such permit shall be made to the Administrator and shall be accompanied by a preliminary site plan as set forth in § 165-98. A public hearing in accordance with § 15.2-2204 of the Code of Virginia, as amended, shall be held, and Planning Commission review shall be obtained. In addition to the public hearing being advertised, written notice shall be mailed by the Zoning Administrator at least five days prior to the hearing to the owner or owners, their agent or the occupant of each parcel abutting the property and parcels immediately across the road from the parcel for which the special use permit is requested, except that if there are more than 25 such abutting parcels or parcels across the road, such written notice shall not be required.
C.
Such permits shall be issued in accordance with the following regulations:
(1)
Such permit may be granted subject to additional reasonable conditions and safeguards as may be deemed by the Board of Supervisors to be advisable and appropriate.
(2)
Such use shall not adversely affect the character of the zoning district, nor the conservation of property values, nor the health and safety of residents or workers on adjacent properties and in the general neighborhood.
(3)
Such use shall be of such size and so located and laid out in relation to its access streets that vehicular and pedestrian traffic to and from such use will not create undue congestion or hazards prejudicial to the general neighborhood.[1]
[1]
Editor's Note: Former Subsection C(4), regarding development in accordance with the Comprehensive Plan, which immediately followed this subsection, was repealed 8-23-2005 by Ord. No. 2005-8.
D.
No application for a special use permit shall be considered by the Board of Supervisors within one year from the date that an application for the same or substantially the same use on the same parcel of land was denied.
[Added 8-23-2005 by Ord. No. 2005-10]
E.
An application for a special use permit for an adult business must be approved or denied within 90 days of the filing of a complete application unless the applicant consents to a longer period of review. In considering the application, the Board of Supervisors may consider the following factors as well as other appropriate land-use considerations:
[Added 5-13-2014 by Ord. No. 2014-02]
(1)
The nature of the surrounding area and the extent to which the proposed use might significantly impair its present or future development.
(2)
The proximity of dwellings, churches, schools, parks, or other places of public gathering.
(3)
The probable effect of the proposed use on the peace and enjoyment of people in their homes.
(4)
The preservation of cultural and historical landmarks and trees.
(5)
The probable effect of noise and glare upon the uses of surrounding properties.
(6)
The conservation of property values.
(7)
The contribution, if any, such proposed use would make toward the deterioration of the area and neighborhoods.
F.
If an application for a special use permit for an adult business is denied and the applicant desires to appeal the denial, the County will facilitate the applicant's obtaining prompt review of the decision from the Circuit Court of Shenandoah County. Unless the applicant agrees to an extension, the County will file a responsive pleading within 10 days of service upon the County of an appeal, will file a responsive brief within 15 days of service of the applicant's brief and will agree to any reasonable expedited trial or hearing date.
[Added 5-13-2014 by Ord. No. 2014-02]
G.
Special use permits to be binding to the land:
[Added 4-25-2023 by Ord. No. 2023-01]
(1)
Special use permits, if granted, shall allow uses only upon the land approved by the Board of Supervisors and shall in no circumstances be construed to permit a use upon any other land, including by means of boundary line adjustment or subdivision.
(2)
Unless otherwise expressly provided otherwise in any conditions imposed by the Board of Supervisors, rights granted by any special use permit and conditions and requirements, if any, shall run with the land upon a change in ownership and inure to and be binding upon all successors-in-interest.
§ 165-107 Board of Zoning Appeals.
In accordance with § 15.2-2308, Code of Virginia, as amended, a Board of Zoning Appeals consisting of five residents of the County shall be appointed by the Circuit Court of Shenandoah County. One of the five appointed members may be a member of the Planning Commission. Any member of the Board shall be disqualified to act upon a matter before the Board with respect to property in which the member has a legal interest. The Board shall choose annually its own Chairman and Vice Chairman who shall act in the absence of the Chairman.
§ 165-108 Powers and duties of the Board of Zoning Appeals.
[Amended 9-23-1997 by Ord. No. 97-7]
The Board of Zoning Appeals shall have the following powers and duties:
A.
To hear and decide appeals from any order, requirement, decision or determination made by an administrative officer in the administration or enforcement of this chapter or of any ordinance adopted pursuant hereto.
B.
To authorize upon appeal or original application in specific cases such variance as defined in § 15.2-2201 of the Code of Virginia from the terms of this chapter as will not be contrary to the public interest, when, owing to special conditions a literal enforcement of the provisions will result in unnecessary hardship, provided that the spirit of the chapter shall be observed and substantial justice done, as follows:
(1)
When a property owner can show that his property was acquired in good faith and where by reason of the exceptional narrowness, shallowness, size or shape of a specific piece of property at the time of the effective date of this chapter, or where by reason of exceptional topographic conditions or other extraordinary situation or condition of such piece of property, or of the condition, situation or development of property immediately adjacent thereto, the strict application of the terms of this chapter would effectively prohibit or unreasonably restrict the utilization of the property, or where the Board is satisfied, upon the evidence heard by it, that the granting of such variance will alleviate a clearly demonstrable hardship approaching confiscation, as distinguished from a special privilege or convenience sought by the applicant, provided that all variances shall be in harmony with the intended spirit and purpose of this chapter.
(2)
No such variance shall be authorized by the Board unless it finds:
(a)
That the strict application of this chapter would produce undue hardship.
(b)
That such hardship is not shared generally by other properties in the same zoning district and the same vicinity.
(c)
That the authorization of such variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance.
(3)
No such variance shall be authorized except after notice and hearing as required by § 15.2-2204 of the Code of Virginia. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the Board may give such notice by first-class mail rather than by registered or certified mail.
(4)
No variance shall be authorized unless the Board finds that the condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to this chapter.
In authorizing a variance the Board may impose such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the public interest, and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with. |
C.
To hear and decide appeals from the decision of the Zoning Administrator. No such appeal shall be heard except after notice and hearing as provided by § 15.2-2204 of the Code of Virginia. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the Board may give such notice by first-class mail rather than by registered or certified mail.
D.
To hear and decide applications for interpretation of the district map where there is any uncertainty as to the location of a district boundary. After notice to the owners of the property affected by any such question, and after public hearing with notice as required by § 15.2-2204 of the Code of Virginia, the Board may interpret the map in such way as to carry out the intent and purpose of this chapter for the particular section or district in question. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the Board may give such notice by first-class mail rather than by registered or certified mail. The Board shall not have the power to change substantially the locations of district boundaries as established by ordinance.
E.
No provision of this section shall be construed as granting any Board the power to rezone property.
F.
To hear and decide applications for special exceptions as may be authorized in this chapter. The Board may impose such conditions relating to the use for which a permit is granted as it may deem necessary in the public interest, including limiting the duration of a permit, and may require a guaranty or bond to ensure that the conditions imposed are being and will continue to be complied with. No special exception may be granted except after notice and hearing as provided by § 15.2-2204 of the Code of Virginia. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the Board may give such notice by first-class mail rather than by registered or certified mail.
G.
To revoke a special exception if the Board determines that there has not been compliance with the terms or conditions of the permit. No special exception may be revoked except after notice and hearing as provided by § 15.2-2204 of the Code of Virginia. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the Board may give such notice by first-class mail rather than by registered or certified mail.
§ 165-109 Rules and regulations.
A.
The Board of Zoning Appeals shall adopt such rules and regulations as it may consider necessary.
B.
The meeting of the Board shall be held at the call of its Chairman or at such times as a quorum of the Board may determine. All meetings of the Board shall be open to the public. A quorum shall be at least three members. A favorable vote of three members of the Board shall be necessary to reverse any order, requirement, decision or determination of any administrative official or to decide in favor of the application on any matter upon which the Board is required to pass.
C.
The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact. It shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.
§ 165-110 Appeal to the Board of Zoning Appeals.
An appeal to the Board may be taken by any person aggrieved or by any office, department, board or bureau of the County or municipality affected by any decision of the Zoning Administrator. Such appeal shall be taken within 30 days after the decision appealed from by filing with the Zoning Administrator and with the Board a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed was taken. An appeal shall stay all proceedings in furtherance of the action appealed unless the Zoning Administrator certifies to the Board that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order granted by the Board or by a court of record on application and on notice to the Zoning Administrator and for good cause shown.
§ 165-111 Appeal procedure.
[Amended 9-12-1989; 9-23-1997 by Ord. No. 97-7]
Appeals shall be mailed to the Board of Zoning appeals, care of the Zoning Administrator, and a copy of the appeal mailed to the Secretary of the Planning Commission. A third copy should be mailed to the individual official, department or agency concerned, if any. The County Planning Commission may send a recommendation to the Board of Zoning Appeals or appear as a party at the hearing. Appeals shall be accompanied by a certified check made payable to the Treasurer, Shenandoah County, for the appropriate fee as listed in Chapter A170, Fees.
§ 165-112 Public hearing.
[Amended 9-23-1997 by Ord. No. 97-7]
The Board shall fix a reasonable time for the hearing of an application or appeal, give notice thereof as well as due notice to the properties in interest and decide the same within 90 days. In exercising its powers, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination of an administrative officer or decide in favor of the applicant on any matter upon which it is required to pass under this chapter or effect any variance from the ordinance.
§ 165-113 Appeal of the decision of Board of Zoning Appeals.
A.
Any person or persons jointly or individually aggrieved by any decision of the Board of Zoning Appeals, or any taxpayer or any officer, department, board or bureau of the County or municipality, may present to the Circuit Court of the County a petition specifying the grounds on which aggrieved within 30 days after the filing of the decision in the office of the Board.
B.
Upon the presentation of such petition, the Court shall allow a writ of certiorari to review the decision of the Board of Zoning Appeals. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the Court may, on application, on notice to the Board and on due cause shown, grant a restraining order.
C.
The Board of Zoning Appeals shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.
D.
If, upon the hearing, it shall appear to the Court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a commissioner to take such evidence as it may direct and report the same to the Court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the Court shall be made.
§ 165-114 Amendments.
[Amended 9-12-1989]
A.
The regulations, standards and boundaries established in this chapter may, from time to time, be amended by the Board of Supervisors, provided that:
(1)
The Planning Commission shall hold at least one public hearing on such proposed amendment after notice as required by law. Such public hearing may be held jointly with the Supervisors as its public hearing.
(2)
Before approving and adopting any amendment, the Supervisors shall hold at least one public hearing thereon, pursuant to public notice as required by law after which the governing body may make appropriate changes or corrections in the proposed amendments; provided, however, that no additional land may be zoned to a more intensive use classification than was contained in the public notice without an additional public hearing after notice required by law. An affirmative vote of at least a majority of the members of the governing body shall be required to amend this chapter.
B.
To apply for rezoning, the applicant must complete a form which can be obtained in the Zoning Administrator's office. This form will show where the property is located, identify the intent of the applicant and provide other necessary information for review and advertisement. In addition, three copies of a certified plat of the property proposed for rezoning shall be submitted to the Administrator along with a legal description of the property. A vicinity map shall also be submitted showing land use surrounding the property within 500 feet, existing zoning of the tract and abutting lots, an indication of the availability of water and sewer facilities and principal highway access to the property.
C.
All applications for rezonings or special use permits shall be accompanied by a complete disclosure of the equitable ownership of the real estate to be affected, including in the case of corporate ownership, the name of the stockholders, officers, and directors, and in any case, the names and addresses of all the real parties in interest. However, the requirement of listing of names of stockholders, officers, and directors shall not apply to a corporation: i) whose stock is traded on a national or local stock exchange; and ii) which has more than 500 shareholders.
[Added 11-22-2005 by Ord. No. 2005-12]
D.
All applications for rezonings or special use permits shall contain a disclosure, sworn to under oath before a notary public or other official before whom oaths may be taken, stating whether or not any members of the Shenandoah County Planning Commission or Board of Supervisors have any interest in such property, either individually, by ownership of stock in a corporation owning such land, partnership, as the beneficiary of a trust, or the settlor of a revocable trust or whether a member of the immediate household of any member of the Planning Commission or governing body has any such interest.
[Added 11-22-2005 by Ord. No. 2005-13]
E.
No application for a rezoning shall be considered by the Board of Supervisors within one year from the date that an application for the same or substantially the same request on the same parcel of land was denied.
[Added 4-25-2006 by Ord. No. 2006-1]
§ 165-115 Conditional zoning.
[Amended 3-23-1993]
A.
Any applicant for a Zoning Map amendment (rezoning) may, as part of his application, proffer in writing reasonable conditions, prior to the public hearing before the Planning Commission and governing body, provided that:
[Amended 2-24-2004 by Ord. No. 2004-03]
B.
Proffer statement.
(1)
Any proffered conditions shall be set forth with clarity and specificity in a proffer statement, which shall follow this format:
PROFFER STATEMENT | |||
RE: | Applicant's Name | ||
Date | |||
Rezone File Number (to be added by the Planning Office if unknown to the applicant) | |||
I hereby proffer that the use and development of this property shall be in strict accordance with the following conditions: 1. 2. 3. etc. | |||
(2)
Any revision to the proffer statement shall be submitted in the same format, with a new date, and shall include at the end of the statement the following:
"The conditions set forth in this proffer statement supersede all conditions set forth in previous proffer statements submitted as a part of this application." |
C.
The governing body, when acting on an application for a Zoning Map amendment, may adopt as a part of the Zoning Map the proffered conditions in whole or in part, as set forth by the applicant. Once adopted by the governing body, such proffered conditions shall be binding on the use and development of the property, and shall continue in full force and effect until a subsequent amendment changes the zoning on the property covered by such conditions; provided, however, that such conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance and/or map.
D.
Proffered conditions adopted by the governing body shall be recorded in the Shenandoah County Circuit Court Clerk's office and shall be in addition to the regulations provided for the zoning district by the text of this chapter, and shall not provide for altering the standards of this chapter except when specifically authorized in this chapter.
[Amended 5-22-2012 by Ord. No. 2012-04]
(1)
The recording of the proffered conditions shall be accomplished by the following procedure:
(a)
The applicant shall provide a title opinion from a licensed attorney certifying the names of the current owners of the property as of the date of the filing of the application, with a supplemental opinion updating the ownership to the actual time of recording, prior to the final vote by the Board of Supervisors.
(b)
A recordable certificate listing the proffered conditions as approved shall be prepared by the Zoning Administrator with review and approval by the County Attorney indexing the names of the owners of the property.
(c)
After approval by the Board of Supervisors, the applicant shall cause such certificate to be recorded in the Circuit Court Clerk's office in the most current deed book, indexing the owners of the property as grantors and grantees. The applicant shall provide the Zoning Administrator with a copy of the recorded certificate prior to the issuance of a zoning permit.
E.
Enforcement of conditions. The Zoning Administrator shall keep records of all conditions attached to rezoning, which shall be readily accessible to the public. The Zoning Map shall show by appropriate symbol the existence of conditions accepted for rezonings. In addition, the Zoning Administrator shall maintain a conditional zoning index which shall be provided for ready access to the conditions created. Failure to meet all conditions shall constitute cause to deny the issuance of building or occupancy permits. The Zoning Administrator shall enforce the conditions attached to the rezoning using the following means:
F.
The County may require a guaranty, satisfactory to the Board of Supervisors, in an amount sufficient for the construction of any improvements required by the conditions or a contract for the construction of such improvements. The applicant's guaranty shall be reduced or released by the County upon the completion of the improvements.
G.
If proffered conditions include the dedication of real property or the payment of cash (collectively a "proffered contribution"):
[Added 2-24-2004 by Ord. No. 2004-03]
(1)
The proffered conditions must provide for the disposition of such proffered contribution in the event it is not used for the purpose for which it was proffered.
(2)
No cash or property shall transfer to the County until the facilities for which the proffered contribution was offered have been included in the County's capital improvement program; provided, however, that this provision shall not prevent the County from accepting proffered conditions which are not normally included in a capital improvement program.
§ 165-116 Conformity to chapter required.
All departments, officials and employees of the County which have 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.
§ 165-117 Violations and penalties.
[Amended 9-23-1997 by Ord. No. 97-7; 11-26-2002 by Ord. No. 02-12; 9-26-2023 by Ord. No. 2023-05]
A.
Except as provided below in Subsection B, a violation of any provision of this chapter shall carry civil penalties, as authorized by Code of Virginia, § 15.2-2209, assessed as follows:
(1)
Schedule of penalties.
(a)
The civil penalty shall be $200 for the first notice of violation.
(b)
The civil penalty shall be $500 for each subsequent notice of violation.
(c)
Each day during which the violation is found to have existed shall constitute a separate offense. However, specified violations arising from the same operative set of facts shall not be charged more frequently than once in any ten-day period, and a series of specified violations arising from the same operative set of facts shall not result in civil penalties which exceed a total of $5,000.
(2)
Procedure.
(a)
Upon becoming aware of a violation of this chapter, the Zoning Administrator may issue a notice of violation or multiple notices of violation informing the responsible party of the nature of each violation and the amount of the civil penalty.
(b)
Each notice of violation shall be sent by registered or certified mail to, or posted at, the last known address of the property owner as shown on the current real estate tax assessment records.
(c)
The Zoning Administrator may institute a legal action for enforcement of a notice of violation or multiple notices of violation through the issuance of a civil summons.
(d)
Any person charged for such violation may waive trial, admit liability, and pay the penalty to the Department of Finance prior to the date set for trial in court. Such persons shall be informed of their right to stand trial and that a signature to an admission of liability will have the same force and effect as a judgment of court.
(e)
If a person charged with a violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in general district court in the same manner and with the same right of appeal as provided by law.
(f)
If the violation remains uncorrected at the time of the admission of liability or finding of liability, the court may order the violator to abate or remedy the violation in order to comply with the Zoning Ordinance. Except as otherwise provided by the court for good cause shown, any such violator shall abate or remedy the violation within a period of time as determined by the court, but not later than six months of the date of admission of liability or finding of liability. Each day during which the violation continues after the court-ordered abatement period has ended shall constitute a separate offense. An admission of liability or finding of liability shall not be a criminal conviction for any purpose.
(3)
General.
(a)
The existence of a civil penalty shall not preclude action by the County seeking declaratory, injunctive or other relief as provided by Virginia law.
(b)
The civil penalties provided by this subsection shall be in lieu of criminal sanctions, and except for any violation resulting in injury to persons, such designation shall preclude the prosecution of a violation as a criminal misdemeanor; provided, however, that when such civil penalties total $5,000 or more, the violation may be prosecuted as a criminal misdemeanor.
B.
Violations of this chapter related to 1) activities related to land development activities or 2) the posting of signs on public property or public rights-of-way, shall be a misdemeanor punishable by a fine of not less than $10 nor more than $1,000. If the violation is uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in compliance with the Zoning Ordinance, within a time period established by the court. Failure to remove or abate a zoning violation within the specified time period shall constitute a separate misdemeanor offense punishable by a fine of not more than $1,000, and any such failure during a succeeding ten-day period shall constitute a separate misdemeanor offense punishable by a fine of not less than $100 nor more than $1,500; and any such failure during any succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-day period punishable by a fine of not more than $2,000.
C.
The County reserves the right to remove unauthorized signs located within County rights-of-way without notice and without liability for the replacement cost of such signs.
D.
In addition to the remedies provided in this article, the County may bring legal action to ensure compliance with this chapter, including injunction, mandamus, abatement or any other appropriate action or proceeding authorized by law, to prevent, enjoin, abate, or remove any unlawful building, structure or use.
§ 165-118 Permits issued prior to adoption.
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 chapter. However, such construction must commence within 30 days after this chapter becomes effective. If construction is discontinued for a period of six months or more, further construction shall be in conformity with the provisions of this chapter for the district in which the operation is located.