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Smyth County Unincorporated
City Zoning Code

ARTICLE VIII

- ADMINISTRATION AND ENFORCEMENT

Section 8-1. - Appointment of Zoning Administrator.

The provisions of this Ordinance shall be administered and enforced by the Zoning Administrator, who shall be designated by the Board of Supervisors, and who may be provided with the assistance of other persons at the direction of the Board of Supervisors. The Zoning Administrator shall have all necessary authority to carry out the duties prescribed in this Ordinance on behalf of the Board of Supervisors. It shall be the responsibility of all other appointed officers and employees of the County to cooperate with the Zoning Administrator in the execution of his or her duties.

(Ord. of 10-12-2001)

Section 8-2. - Duties of Zoning Administrator.

The Zoning Administrator shall be responsible for the administration and enforcement of this Ordinance and shall have all necessary authority on behalf of the Board of Supervisors to carry out the following duties:

8-2.1. Interpretation. Subject to appeal to the Board of Zoning Appeals pursuant to the provisions of Article VII of this Ordinance, the Zoning Administrator shall be the final authority as to the interpretation of the provisions of this Ordinance.

8-2.2. Review and Approval of Applications. The Zoning Administrator shall review all applications for zoning permits, and shall approve or disapprove in writing the applications based on compliance or noncompliance with the provisions of this Ordinance.

8-2.3. Violations. The Zoning Administrator shall use his or her best effort to prevent violations of the provisions of this Ordinance and to secure the correction of violations. The Zoning Administrator shall order in writing the remedy of conditions found to be in violation, including discontinuance of illegal uses of land and buildings, the removal or bringing into compliance of illegal buildings, structures, additions and alterations. The Zoning Administrator shall have the authority to bring such legal action to ensure compliance and prevent violations, as authorized by the laws of the Commonwealth of Virginia.

8-2.4. Other Duties. The Zoning Administrator shall have such other duties with respect to the administration of this Ordinance as are specifically set forth elsewhere in the Ordinance.

8-2.5. Records. The Zoning Administrator shall maintain records of all official actions taken with respect to the administration and enforcement of this Ordinance.

(Ord. of 10-12-2001)

Section 8-3. - Zoning Permits.

No building permit required by the provisions of the Virginia Uniform Statewide Building Code for new construction, building expansion, moving a building, change of building use, or a manufactured home shall be issued by the Building official until the Zoning Administrator has approved a zoning permit. The Zoning Administrator shall review each application for a zoning permit and may require any other information which he or she may deem necessary for the consideration of the application.

8-3.1. Zoning Permits Required. No building or other structure shall be erected, moved, added to, or structurally altered or any land used, or occupied, without a zoning permit issued by the Office of the Zoning Administrator. Accessory buildings that do not require a building permit due to size are excluded from the requirement to have a zoning permit, however accessory buildings shall meet the setback requirement in Section 4-5.2.

The following uses are not regulated by this chapter:

(a)

Fences less than 12 feet in height.

(b)

Retaining walls.

(c)

Landscape walls.

(d)

Signs.

(e)

Gardens.

(f)

Animal shelters less than 16 square feet in area.

(g)

Campers or recreational vehicles located and used on real property by the owner or occupant of the real property, except that these vehicles may not be used as a permanent residence.

(h)

Private garage and yard sales.

8-3.2. Permits Not to be Issued. No zoning permit shall be issued for any land use, building, structure, or part thereof which is not in accordance with the provisions of this Ordinance.

8-3.3. Application for Zoning Permits. The Zoning Administrator shall provide zoning permit application forms and instructions for the applicant which clearly facilitates timely review of the application. No permit shall be issued without a map number, and if available, a 911 street address.

(a)

Each application for a zoning permit shall be accompanied by a plan showing the following: 1) the shape and dimensions of the plot to be built upon, 2) the existing structures on the property, 3) the dimensions and locations of all proposed buildings or structures, including alterations or additions, 4) the existing and intended uses of the land and of each building or part of a building, 5) significant natural features of the property, including wooded areas and streams, 6) existing and proposed roads and driveways; and 7) existing public water and sewer lines.

(b)

The following information shall also be included: 911 street address (or state route number and approximate location if 911 address is not available), and map number.

(c)

The site plan shall be accompanied by plans and/or written description explaining the source of water supply, and means of sewage disposal.

(d)

The Administrator may accept an owner-prepared sketch for plans, as long as structure dimensions are clearly shown.

(e)

The Zoning Administrator may require other necessary information, as he or she deems necessary, including a topographic map of the site.

Any other information that the Administrator may deem necessary for consideration of the application may be required.

8-3.4. Procedures for Approval or Disapproval.

(a) If the proposed building or use is found to conform to the provisions of this Ordinance, the Administrator shall issue a zoning permit to the applicant. Three copies shall be made of the approved permit and plan with one for the applicant, one given to the Building Inspection Office and one for the Zoning Administrator's files.

(b) If the proposed building or use is not in compliance, the Administrator shall disapprove the zoning permit and advise the applicant in writing as to why the proposed building or use does not meet the provisions of the Ordinance. An applicant shall have right of appeal as permitted in Article VII of this Ordinance.

8-3.5. Zoning Permit Expiration Date. A zoning permit shall expire if use of the site authorized by the permit is not commenced within 12 months after issuance of the permit and completed within another 12 months.

(Ord. of 10-12-2001)

Section 8-4. - Review and Approval of Certificate of Occupancy.

The Zoning Administrator shall review all certificates of occupancy for compliance with this Ordinance before approval by the Building Official.

8-4.1. Required for New and Altered Buildings. The Zoning Administrator shall review and either approve or disapprove all certificates of occupancy for buildings that are erected, constructed, reconstructed, enlarged, converted or moved.

8-4.2. Change in Use. The Zoning Administrator shall review and either approve or disapprove all certificates of occupancy for buildings that are changed to a different use.

(Ord. of 10-12-2001)

Section 8-5. - Duties of Administrator Regarding Enforcement and Remedies.

8-5.1. Complaints Regarding Violations. Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may file a written complaint that shall be signed and dated. The complaint shall state fully the causes and basis of such complaint and shall be filed with the Zoning Administrator. The Zoning Administrator shall properly record the complaint, and shall promptly investigate and take such action as provided for in this Ordinance. The County Attorney shall be immediately advised of all violations of this Ordinance. The Zoning Administrator shall report to the Board of Supervisors any violations not abated through orders issued by the Zoning Administrator.

8-5.2. Enforcement Provisions and Penalties for Violation. The following enforcement actions may be taken by the Zoning Administrator:

(a)

The Zoning Administrator shall enforce the ordinance in accordance with Section 15.2-2286(4) which includes ordering in writing the remedying of any condition in violation of the ordinance, and insuring compliance with the ordinance through legal action; and

(b)

The Zoning Administrator may seek penalties in accordance with Section 15.2-2286(5) of the Code of Virginia.

8-5.3. Remedies. Upon finding that any provision of this Ordinance is being violated, the Zoning Administrator shall notify in writing by certified mail the person responsible for such violation which shall be the Owner, as defined by Article X of this Ordinance, and order the discontinuance of an illegal building, structures, illegal additions, alterations or structural changes, uses, and the discontinuance of any illegal work being done.

Should such notice fail to force compliance within 30 days of the date of the notice, the Zoning Administrator may take the following actions

(a)

In case any building or other structure is proposed to be erected, constructed, reconstructed, altered, extended or converted, or any building, other structure or land is or is proposed to be used in violation of this Ordinance, the Zoning Administrator, Deputy Zoning Administrator, or administrative officer shall, in addition to other remedies, institute an injunction, mandamus or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, extension, conversion or use, to correct or abate such violation, or to prevent the occupancy of such building or other structure or land, or

(b)

The Zoning Administrator may request that the County Administrator or Board of Supervisors authorize the County Attorney to bring legal action to insure compliance with the ordinance, including injunction, abatement or other appropriate action or proceeding.

8-5.4. Appeal. An appeal of the Zoning Administrator's decision shall be filed within 30 days by filing a letter with the Zoning Administrator. Appeals shall go to the Board of Zoning Appeals.

(Ord. of 10-12-2001)

Section 8-6. - Duties of Administrator on Zoning Amendments, Zone Map Changes (Rezonings), Special Use Permits, Variances, and Appeals.

8-6.1. Applications and Procedure. The Zoning Administrator is responsible for receiving each application for a zoning amendment, including a change to the zoning map (rezoning), special use permit, variance, or appeal, and processing those requests as provided for in other Articles of this Chapter, including meeting the public notice requirements contained in 15.2-2204 of the Code of Virginia.

8-6.2. Filing Fees. Filing fees for the above applications shall be based upon reasonable costs to pay for the expenses involved. The fees shall be as follows:

Zoning permit .....$50.00

Zoning amendment (text change) .....$500.00

Rezoning (change to zoning map) .....$500.00

Special use permit .....$500.00

Variance .....$500.00

Appeal .....$500.00

Agricultural .....No Fee

If the decision of the Board of Zoning Appeals is substantially in favor of the appellant, the $500.00 fee shall be refunded to the appellant.

(Ord. of 10-12-2001; Amend of 4-12-2016(1), § 1; Ord. of 9-26-2024(2))