It shall be the duty of the zoning administrator and such deputies as are appointed by him to enforce the provisions of this chapter and to refuse to issue any permit for any building, or for the use of any premises which would violate any of the provisions of this chapter. It shall also be the duty of all officers and employees of the county to assist the enforcing officer by reporting to him any seeming violation in new construction, reconstruction, or land uses.

(Ord. of 6-18-90, § 19-19.1)

(a)

No vacant land shall be occupied or used, except for general agricultural uses associated with the conduct of a farm, until a certificate of occupancy shall have been issued by the administrator.

(b)

No premises shall be used, and no buildings hereafter erected or structurally altered shall be used, occupied, or changed in use, until a certificate of occupancy and compliance shall have been issued by the zoning administrator, stating that the building or proposed use of a building or premises complies with the building laws and the provisions of these regulations.

(c)

Certificates of occupancy and compliance shall be applied for coincident with the application for a building permit and shall be issued within ten (10) days after the erection or structural alteration of such buildings shall have been completed in conformity with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the administrator.

(d)

A certificate of occupancy may be issued for a part of a building or development or section thereof completed in accord with the terms of this chapter even though the entire building or development or section thereof has not been completed.

(e)

No permit for excavation for any building shall be issued before application has been made for a certificate of occupancy and compliance.

(f)

A certificate of occupancy shall be required of all nonconforming uses. Application for a certificate of occupancy for nonconforming uses shall be filed with the administrator within twelve (12) months from the effective date of this chapter.

(g)

The administrator may issue a temporary and contingent certificate of occupancy and compliance for a period not to exceed six (6) months where, because of the unusual nature of the uses, a trial period of operation is in his opinion the most appropriate way to determine actual compliance with the terms of this chapter.

(Ord. of 6-18-90, § 19-19.2)

(a)

No building shall be erected, constructed, altered, moved, converted, extended, or enlarged, without the owner first having obtained a zoning permit. Such permit shall require conformity with the provisions of this chapter. When issued, such permit shall be valid for a period of six (6) months unless a longer period of time is specified thereon in accord with the terms of this chapter.

(b)

No building permit by the administrator or other authorized official, lawfully issued prior to the effective date of this chapter, or of any amendment hereto, and which permit, by its own terms and provisions, is in full force and effect at such date, shall be invalidated by the passage of this chapter, or any such amendment, but shall remain a valid and subsisting permit, subject only to its own terms and provisions and ordinances, rules, and regulations pertaining thereto, and in effect at the time of the issuance of such permit; provided, that all such permits shall expire not later than six (6) months from the effective date of this chapter, unless actual construction shall have theretofore begun and continued pursuant to the terms of such permit.

(c)

All departments, officials and public employees of the county 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.

(Ord. of 6-18-90, § 19-19.3)

All applications for zoning permits shall be accompanied by a drawing or plan in triplicate or as required by the administrator showing, with dimensions, the lot lines, the building or buildings, the location of buildings on the lot and such other information as may be necessary to provide for the enforcement of these regulations, including, if necessary and required in a specific case, a boundary survey and a staking of the lot by a competent surveyor and complete construction plans. The drawings shall contain suitable notations indicating the proposed use of all land and buildings, including the number of families or dwelling units or rental units proposed. A careful record of the original copy of such applications and plans shall be kept in the offices of the administrator and a duplicate copy shall be kept at the building at all times during construction. In a particular case, the administrator may waive the requirement for plans when such plan is clearly unnecessary to a decision or the record on the case.

(Ord. of 6-18-90, § 19-19.4)

For the purposes of assuring careful use of difficult topography and good arrangement, appearance, function, and harmony with surroundings and adjacent uses and the objectives of the comprehensive plan, and compliance with the requirements of these regulations, site plans for the following major uses shall be submitted and reviewed in accordance with the requirements and procedures of this article:

(1)

Uses which require approval of a conditional use permit.

(2)

Cluster subdivisions or subdivisions which average lot area or utilize flag lots.

(3)

Planned housing developments.

(4)

Manufactured home parks or subdivisions.

(5)

Multiple-family dwellings, townhouses or attached two-family dwellings.

(6)

Shopping centers.

(7)

Business buildings, office buildings, commercial buildings, or industrial buildings, if such buildings are to contain more than five thousand (5,000) square feet of floor area and/or drive-in facilities, all types.

(8)

Any parking lot or parking facility which is to contain more than ten (10) spaces.

(9)

All uses which utilize common facilities such as entrances and exits, parking and loading facilities.

(10)

Any use noted as subject to site plan review.

The fee for a site plan review is five hundred dollars ($500.00) plus fifteen dollars ($15.00) per acre; this does not apply to uses that require a conditional use permit.

(Ord. of 6-18-90, § 19-19.5; Ord. of 6-24-02; Ord. of 6-22-09(5); Ord. of 7-26-22)

The purpose of site plan review is to promote the orderly development of the county by means of improved project design which will insure that new development is appropriately functional, harmonious with its environment and consistent with the comprehensive plan and the intent of these regulations generally, and to this end to provide for a review of proposed development plans with respect to:

(1)

The compatibility of the development with respect to its environment and the layout and design of features which may affect compatibility, such as building location, project open space, grading and treatment of slopes and stream valleys, screening, lighting and landscaping.

(2)

The capacity of the design to provide for convenient and safe internal and external movement of vehicles and pedestrians.

(3)

The protection of public safety and the location and adequacy of necessary utilities, drainage and erosion and sediment controls.

(Ord. of 6-18-90, § 19-19.6)

(a)

Where certain uses require review and approval of site plans meeting the requirements of this chapter, the procedure for processing site plans varies depending on the agency assigned responsibility for preliminary and final approval as follows:

(1)

Administrative site plan review to be conducted by the administrator with preliminary and final approval by the administrator unless there is an appeal to the board of supervisors. Unless specifically stated to the contrary, administrative site plan review is intended. An appeal from the administrator's decision may be taken to the board of supervisors, in which case the decision of the board of supervisors would be final. Site plans in this category are generally for uses having a more limited area of impact or uses where the basic policy decision regarding general appropriateness of the use has been made by the terms of the district regulations and the remaining responsibility is to insure careful design and compatibility with neighboring conditions in accordance with the terms of the Ordinance.

(2)

Site plan approval by the board of supervisors after report by the planning commission. These site plans generally cover uses having impact on a substantial area, public and semi-public uses generally covered in the comprehensive plan, and uses the appropriateness of which involves a major planning policy decision. Such uses include those listed as requiring a conditional use permit or where a site plan accompanies an application for conditional zoning.

(b)

In all cases the review begins with the administrator. Where a subdivision is also involved, the review of subdivision plans and site plans will be coordinated under the provisions of this article and the requirements of the subdivision regulations. Generally, approval is required first for preliminary plans followed by approval of final plans which agree with approved preliminary plans and conditions attached thereto. Where a project is large enough that accomplishment by stages is appropriate, the site plan will generally be subject to preliminary and final approval with plans in three (3) forms:

(1)

General site plan for the overall project, which is called an overall project design.

(2)

Detailed site plans for development units or stages as they are to be developed.

(3)

Detailed engineering drawings for development units or parts thereof as they are to be developed.

An overall project design would include generally the same items as specified for preliminary site plans but with detail modified as appropriate to the scale of the project.

(Ord. of 6-18-90, § 19-19.7)

(a)

Preliminary site plans. The preliminary site plans shall be clearly drawn to scale as specified below and shall show the following:

(1)

The proposed title of the project, owner or owners of the land, and name of the engineer, architect, designer or landscape architect, and the developer.

(2)

The north point, scale, and date.

(3)

Location of the project by an insert map at a scale of not less than one (1) inch equals two thousand (2,000) feet, indicating the scale, the north arrow, and such information as the names and numbers of adjoining roads, streams and bodies of water, railroads, subdivisions, towns, and magisterial districts or other landmarks sufficient to clearly identify the location of the property.

(4)

Existing zoning and zoning district boundaries and proposed changes in zoning, if any.

(5)

The boundaries of the property involved, municipal and county boundaries, the general location of all existing easements and property lines, existing streets, buildings, or waterways, major tree masses and other existing physical features in or adjoining the project.

(6)

Uses of adjoining properties and names of owners.

(7)

Topography of the project area with contour intervals of two (2) feet or less, unless waived by the administrator as clearly unnecessary to review of the project or proposal.

(8)

The approximate location and sizes of sanitary and storm sewers, water mains, culverts and other underground structures, existing and planned, in or near the project.

(9)

The general location and character of construction of proposed streets, alleys, driveways, curb cuts, entrances and exits, loading areas, (including numbers of parking and loading spaces), outdoor lighting systems, storm drainage and sanitary facilities.

(10)

The general location of proposed lots, setback lines and easements and proposed reservations for parks, parkways, playgrounds, school sites and open spaces.

(11)

Location with respect to each other and to lot lines, number of floors, number of dwelling units and approximate height of all proposed buildings and structures, accessory and main, or major excavations.

(12)

Preliminary plans and elevations of the several dwelling types and other buildings, as may be necessary.

(13)

General location, height and material of all fences, walls, screen planting and landscaping.

(14)

General location, character, size, height and orientation of proposed signs.

(15)

A tabulation of the total number of dwelling units of various types in the project and the overall project density in dwelling units per acre, gross or net, as required by district regulations.

The administrator may establish additional requirements for preliminary site plans, and in special cases, may waive a particular requirement if, in his opinion, the inclusion of that requirement is not essential to a proper decision on the project. Site plans may be prepared on one (1) or more sheets to show clearly the information required by this article and to facilitate the review and approval of the plan. If prepared in more than one (1) sheet, match lines shall indicate where the several sheets join. Each plan sheet shall reserve a blank space three (3) inches wide and five (5) inches high for the use of the approving authority. Site plans shall be prepared to a scale of one (1) inch equals fifty (50) feet, or such other scale as may be approved by the administrator as appropriate to a particular case.

(b)

Final site plans. The final site plan or final plat shall comply with all laws, regulations and ordinances governing the approval of subdivisions and in addition shall show the following:

(1)

All of the features required on the preliminary site plan with sufficiently accurate dimensions, construction specifications and computations to support the issuance of construction permits.

(2)

All existing and proposed water and sanitary sewer facilities indicating all pipe sizes, types and grades and where connection is to be made to the county or other utility system.

(3)

Provisions for the adequate disposition of natural and storm water in accordance with the duly adopted design criteria and standards of the county indicating the location, sizes, types and grades of ditches, catch basins and pipes and connections to existing drainage system, and provision for the adequate control of erosion and sedimentation, indicating the proposed temporary and permanent control practices and measures which will be implemented during all phases of clearing, grading and construction.

(4)

Existing topography with two-foot contour intervals or such intervals as approved by the administrator. Where existing ground is on a slope of less than two (2) percent, either one-foot contours or spot elevations where necessary, but not more than fifty (50) feet apart in both directions.

(5)

Proposed finished grading by contours supplemented where necessary by spot elevations.

(Ord. of 6-18-90, § 19-19.8)

(a)

When these regulations require site plan review for certain major uses for which board of supervisors action is not required, including certain major uses as listed in section 18-575 and not otherwise listed as conditional uses, five (5) copies of a preliminary site plan for any of the specified uses shall be submitted to the administrator for review of the plans for compliance with these regulations and the requirements for preliminary site plans. The administrator shall transmit such plans to such other staff and agencies as he may consider necessary for the review. The applicant is advised to review his plans in general or sketch form with the administrator prior to drafting for submittal.

(b)

The administrator shall examine the proposed site plan with respect to the requirements of this chapter, with respect to the traffic and circulation patterns, internal and external, relation to major thoroughfares, utilities, drainage, and community facilities, existing or proposed, surrounding development, existing or future, considerations of topography, floodplains and the natural environment, the preservation of trees or historic sites, provision for open space, and in general with the objective of insuring a durable, harmonious and appropriate use of the land in accord with the objectives of the comprehensive plan. The plans shall be returned to the applicant within ten (10) days following the submittal, or within ten (10) days of a recommendation of the board of supervisors or planning commission as set forth in (e) below, as approved, approved subject to conditions, or disapproved. Unless otherwise specified, approval shall be valid for a period of one (1) year prior to issuance of building permits.

(c)

If specified conditions are met in revised plans, the administrator may approve issuance of building permits accordingly, and may approve additional minor changes, if, in the opinion of the administrator, such changes do not substantially affect the original approval or conditions attached thereto. Other changes and amendments may require return of the site plan to the planning commission or such other procedures under this chapter as the case may require.

(d)

The applicant shall submit written proof of notification of all adjoining property owners as to the nature of the proposal and where site plans may be viewed. No site plan shall be approved within five (5) days of any such notice.

(e)

In any case where the administrator is of the opinion that a proposed project subject to administrative site plan review is of such scale and impact that a decision on the site plan should be reached only after a review by the board of supervisors or the planning commission, he may refer the plan to the supervisors or the commission, or both of them, for an advisory opinion.

(f)

Nothing in this section shall be interpreted to permit a grant of a variance or exception to the regulations of this chapter or to abridge the procedures or requirements of the laws and ordinances governing the subdivision of land.

(Ord. of 6-18-90, § 19-19.9)

In any case where the applicant or other party who has a substantial interest in a proposed project is aggrieved by a decision of the administrator regarding a site plan, the applicant or party in interest may file a written notice of appeal with the county administrator who shall place the matter on the agenda of the next regular meeting of the board of supervisors provided such appeal is filed within ten (10) working days of the decision. Upon hearing the appeal, the board of supervisors may reverse or affirm, wholly or partly, or may modify the decision of the administrator and may take such action as it believes appropriate.

(Ord. of 6-18-90, § 19-19.10)

(a)

Five (5) copies of a preliminary site plan or plans shall be filed with the board of supervisors through the administrator. The preliminary site plan shall comply with section 18-578 above and the applicable written requirements of this chapter, and be accompanied by such other written or graphic material as may be necessary or desirable in aiding the decisions of the supervisors and the planning commission. The administrator shall forthwith forward the plans and a copy of the application to the planning commission. The administrator may require additional copies of specific sheets for distribution to the members of the board of supervisors and the planning commission.

(b)

The planning commission shall review the site plan for compliance with the requirements of this chapter. Before recommending approval of a site plan, the planning commission may make reasonable additional requirements, and especially requirements as to utilities, drainage, landscaping and maintenance thereof, lighting, signs and advertising devices, screening, accessways, curb cuts, traffic control, height of buildings and setback of buildings, to protect adjoining residentially zoned lots or residential uses. The site plan shall be amended in accord with the requirements of the planning commission before being submitted to the board of supervisors with a recommendation for approval. The planning commission shall review the plans and prepare its report within a reasonable time, but in no case longer than sixty (60) days after the first public hearing unless the applicant requests additional time in order to prepare revised plans. The board of supervisors shall not advertise its public hearing until the report and plans shall have been received from the planning commission.

(c)

Approval by the board of supervisors of a preliminary site plan for a conditional use permit shall be valid for a period of one (1) year. Following preliminary approval by the supervisors, a final site plan in the form of a final plat shall be prepared and filed. This final plat may be approved by the administrator and shall comply with the specifications of the supervisors and the requirements of this article and applicable laws, regulations, and ordinances governing the subdivision of land. Permits shall be issued in accord with the approved and filed plat.

(Ord. of 6-18-90, § 19-19.11)

(a)

A temporary site plan may be approved by the administrator for a proposed development or land use for a period not to exceed one (1) year, where development is in progress and all buildings are of a temporary nature. The drainage, erosion, and sediment control practices, parking, screening, fencing, services, and utility requirements of this chapter and this section may be modified for the purpose of a temporary plan.

(b)

Prior to the approval of such temporary site plan a cash bond or letter of credit approved by the county attorney, may be required to guarantee that all structures erected under the plan will be removed at the expiration of the period for which the permit was issued.

(c)

Items to be shown on a temporary site plan shall be the same as required for preliminary site plans under section 18-578 above except as these may be waived by the administrator.

(Ord. of 6-18-90, § 19-19.12)

(a)

The procedure for amendment of the boundaries of or the extent of land use for an approved conditional use permit shall be the same as for a new application, except that minor amendments of an approved site plan and conditions attached to an approved conditional use, or other site plan approved by the board of supervisors, may be approved by the planning commission at a regular meeting after written reports by the administrator and without a public hearing, provided such change or amendment:

(1)

Does not alter a recorded plat.

(2)

Does not conflict with the specific requirements of this chapter.

(3)

Does not change the general character or content of an approved development plan or use.

(4)

Has no appreciable effect on adjoining or surrounding property.

(5)

Does not result in any substantial change of major external access points.

(6)

Does not increase the approved number of dwelling units or height of buildings.

(7)

Does not decrease the minimum specified yards and open spaces or minimum or maximum specified parking and loading spaces.

(b)

Amendments to conditions approved with conditional zoning are covered in article XIX.

(Ord. of 6-18-90, § 19-19.13; Ord. of 12-19-05(2))

No permit shall be issued for any structure in any area covered by a site plan that is required under the provision of this article except in conformity to such plan which has been duly approved. Permits issued under an approved site plan may be revoked by the administrator for failure to comply with the approved plan, the conditions attached thereto, or other applicable regulations.

(Ord. of 6-18-90, § 19-19.14)

Prior to approval of a building permit there shall be executed by the owner or developer, an agreement to construct such required physical improvements as are located within public rights-of-way or easements, or as are connected to any public facility in form and substance as approved by the county; and the administrator may require a bond with surety or conditions acceptable to the county attorney in the amount of the estimated cost of the required physical improvements as determined by the departments, divisions, or agencies responsible for such improvements. The aforesaid agreement, bond, or conditions shall be provided for completion of all work covered thereby, maintenance thereof or for subsequent defects therein, within the time to be determined by the administrator, which time may be extended by the administrator upon written application by the owner or developer, signed by all parties (including sureties) to the original agreement. The adequacy, conditions, and acceptability of any bond hereunder shall be determined by the county attorney.

(Ord. of 6-18-90, § 19-19.15)

Approval of a site plan submitted under the provisions of this article shall expire one (1) year after the date of such approval unless building permits have been obtained for construction in accordance therewith. A single one-year extension may be given upon written request by the applicant to the administrator made within ninety (90) days before the expiration of the approved site plan. The administrator shall acknowledge the request and shall make a decision regarding the requested extension within thirty (30) days after receipt of the request.

(Ord. of 6-18-90, § 19-19.16)

Subject to the time limits and conditions specified in this chapter, the rights of an owner or developer to continue a project for which a site plan has been approved shall not be abridged so long as he proceeds toward completion with reasonable care and diligence and in accordance with the terms of the approval.

(Ord. of 6-18-90, § 19-19.17)

(a)

The owner or developer shall have one (1) set of approved plans, profiles and specifications available at the site at all times when work is being performed. A designated, responsible employee shall be available for contact by the administrator or inspectors.

(b)

Upon satisfactory completion of all installation of the required improvements, the owner shall receive an approval from the administrator, upon application for such approval. Such approval will authorize the release of any bond which may have been furnished for the guarantee of satisfactory installation of such improvements or parts thereof. Inspection is to be made within a reasonable time of the request, and the bond released as quickly as circumstances will permit.

(c)

The installation of improvements as required in this article shall in no case serve to bind the county to accept such improvements for the maintenance, repair, or operation thereof, but such acceptance shall be subject to the existing regulations concerning the acceptance of each type of improvement.

(Ord. of 6-18-90, § 19-19.18)

(a)

All persons, firms, or corporations appealing to the board of zoning appeals, necessitating the publication of notices in the newspaper shall be required to pay, in advance, six hundred dollars ($600.00) for expenses relative thereto.

(b)

All persons, firms, or corporations applying for conditional use permits under the provisions of this chapter, or applying for an amendment to the comprehensive plan, or applying for an amendment to the zoning ordinance or a change in the classification of the district or a portion thereof, necessitating the publication of notices in the newspaper shall be required to pay in advance, one thousand dollars ($1,000.00). The fee for a combined application for a conditional use permit and a rezoning shall be one thousand two hundred dollars ($1,200.00). No fee shall be required for actions initiated by the board of supervisors or the planning commission.

(c)

The payment of such money in advance to the administrator as specified shall be deemed a condition precedent to the consideration of such appeal, conditional use application or amendment. Fees shall be refunded on written request if an application is withdrawn before the first publication.

(Ord. of 6-18-90, § 19-19.19; Ord. of 6-24-02; Ord. of 5-29-12(5))

(a)

Any building erected contrary to any of the provisions of this chapter or contrary to any condition imposed upon a conditional rezoning, issuance of a special use permit, conditional use permit or a special use exception or approval of a site plan, and any use of any building or land which is conducted, operated or maintained contrary to any of the provisions of this chapter or any condition imposed upon any conditional rezoning, issuance of a special use permit, conditional use permit or a special use exception or approval of a site plan, shall be a violation of this chapter and the same is hereby declared to be unlawful. The zoning administrator may initiate injunction, mandamus, abatement, criminal warrant or any other appropriate action to prevent, enjoin, abate or remove such erection or use in violation of any provision of this chapter.

(b)

Upon becoming aware of any violation of any provisions of this chapter, the zoning administrator shall serve notice of such violation on the person committing or permitting the same, and if such violation has not ceased within such reasonable time as the zoning administrator has specified in such notice, he shall institute such action as may be necessary to terminate the violation.

(c)

The remedies provided for in this section are cumulative and not exclusive and shall be in addition to any other remedies provided by law.

(d)

Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the cause and basis thereof shall be filed with the zoning administrator. He shall record properly such complaint, immediately investigate and take action thereon as provided by this chapter.

(Ord. of 6-18-90, § 19-19.20; Ord. of 4-28-03(3))

Sec. 18-591.1. Criminal penalty.

Any person, whether owner, lessee, principal, agent, employee or otherwise, who violates any provision of this chapter, or permits any such violation, or fails to comply with any of the requirements hereof, or who erects any building or structure or uses any building, structure or land in violation of this chapter or any site plan or other detailed statement or plan submitted by one of the above-described persons and approved under the provisions of this chapter, shall be subject to the following:

(1)

The person shall have committed a misdemeanor offense punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00).

(2)

If the violation is uncorrected at the time of conviction, the court shall order the person convicted to abate or remedy the violation in compliance with this chapter, within a time period established by the court. Failure to remove or abate such violation within the time period established by the court shall constitute a separate misdemeanor offense punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00), and any such failure during any succeeding ten (10) day period shall constitute a separate misdemeanor offense for each ten (10) day period, punishable by a fine of not less than one hundred dollars ($100.00) nor more than one thousand five hundred dollars ($1,500.00).

State Law reference— Virginia Code § 15.2-2286.

Sec. 18-591.2. Civil penalty.

Any person, whether owner, lessee, principal, agent, employee or otherwise, who violates any provision of this chapter, or permits any such violation, or fails to comply with any of the requirements hereof, or who erects any building or structure or uses any building, structure or land in violation of this chapter or any site plan or detailed statement or plan submitted by him or approved under the provisions of this chapter, shall be subject to the following:

(1)

Schedule of violations subject to one hundred dollar ($100.00) civil penalty for first violation. Any violation of the following provisions of this chapter shall be subject to a civil penalty of one hundred dollars ($100.00) for the first violation, and a civil penalty of two hundred fifty dollars ($250.00) for each subsequent violation arising from the same set of operative facts:

a.

Each use of a lot, including the use of any structure thereon, not authorized either as a matter of right or by conditional use permit, special use permit or special use exception by the zoning regulations applicable to the district in which the lot is located, in violation of, as applicable, sections and subsections 18-37, 18-72, 18-102, 18-127, 18-157, 18-192, 18-193, 18-222, 18-223, 18-252, 18-253, 18-282, 18-283, 18-312, 18-313, 18-314, 18-347 or 18-348.

b.

The location of a structure or improvement in an area other than a building site, in violation of subsection 18-8-4.

c.

Any violation of sections and subsections 18-43, 18-78, 18-133, 18-163, 18-197, 18-227, 18-257, 18-287, 18-318 or18-354.

d.

Any violation of section 18-421, which regulates off-street parking.

e.

Any violation of section 18-423, which regulates permanent and temporary signs, except as provided in section 18-423(b)(3).

f.

Any violation of sections 18-46, 18-47, 18-48,18-49, 18-104, 18-105, 18-106, 18-166, 18-167, 18-198, 18-228, 18-258, 18-289, 18-320, 18-321 or 18-356.

g.

Any violation of sections 18-572 or 18-573, which regulate use and occupancy when certificate of occupancy, zoning permits and building permits are required, respectively.

h.

Any violation of sections 18-575, 18-576, 18-577, 18-578, 18-579, 18-580,18-581, 18-582, 18-583, 18-584, 18-585, 18-586, 18-587 or 18-588, which regulate site plans and development pursuant thereto.

i.

Any violation of a proffer, or a planned development application plan, special use permit, special use exception, conditional use permit, variance, site plan or any condition related thereto.

(2)

Schedule of violations subject to fifty-dollar ($50.00) civil penalty for first violation. Any violation of the following provisions of this chapter shall be subject to a civil penalty of fifty dollars ($50.00) for the first violation, and a civil penalty of two hundred fifty dollars ($250.00) for each subsequent violation arising from the same set of operative facts.

a.

The construction, erection or location of an accessory structure in a residential district in violation of subsection 18-133(4) or 18-163(4).

b.

Any violation of, as applicable, section and subsections 18-424, which regulates uses and structures permitted in required yards.

c.

Any violation of article XVI, which regulates nonconforming uses.

(3)

Each day during which a violation is found to exist shall be a separate offense. However, the same scheduled violation arising from the same operative set of facts may be charged not more than once in a ten (10) day period, and the total civil penalties from a series of such violations arising from the same set of operative facts shall not exceed five thousand dollars ($5,000.00).

(4)

Any person summoned for a scheduled violation may elect to pay the civil penalty by making an appearance in person or in writing by mail to the department of finance prior to the date fixed for trial in court. A person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged. A signature to an admission of liability shall have the same force and effect as a judgment of court. However, such an admission shall not be deemed a criminal conviction for any purpose. 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 the general district court in the same manner and with the same right of appeal as provided by law. A finding of liability shall not be deemed a criminal conviction for any purpose.

(5)

The designation of a particular violation in section 18-591.2(1) or (2) shall be in lieu of any criminal penalty and, except for any violation resulting in injury to persons, such a designation shall preclude the prosecution of the particular violation as a criminal misdemeanor, but shall not preclude any other remedy available under this chapter.

(6)

The designation of a particular violation in section 18-591.2(1) or (2) shall not be construed to allow the imposition of civil penalties: (i) for activities related to land development within the meaning of Virginia Code § 10.1-603.2; or (ii) for violation of any provision of the zoning ordinance relating to the posting of signs on public property or public rights-of-way.

(7)

Any reference herein to a section of this chapter shall include all subsections and paragraphs of that section.

State Law reference— Virginia Code § 15.2-2209.

Sec. 18-591.3. Injunctive relief and other remedies.

Any violation of this chapter may be restrained, corrected, or abated as the case may be by injunction or other appropriate relief.

State Law reference— Virginia Code § 15.2-2208.

(Ord. of 4-28-03(3); Ord. of 12-19-05(2))