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 Ordinance. They shall issue permits for uses, buildings, or purposes only when they are in harmony with the provisions of this Ordinance. Any such permit, if issued in conflict with the provisions of this Ordinance, shall be null and void.

Any person, firm, or corporation, whether as principal, agency, employed or otherwise, violating, causing, or permitting the violation of any of the provisions of this Ordinance, except those outlined in section 21-3 of this Ordinance, shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $10.00 nor more than $1,000.00 for each violation. 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 Ordinance, within the 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 less than $10.00 nor more than $1,000.00, 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 less than $100.00 nor more than $1,500.00.

(6/9/87, Case No. TA-87-01, Ord. No. 014-87; 1/10/06, Case TA-05-05, Ord. No. 002-2006; 6/12/07, Case TA-07-01, Ord. No. 2007-19)

21-2-1

Any conviction resulting from a violation of provisions regulating the number of unrelated persons in single-family residential dwellings shall be punishable by a fine of up to $2,000.00. Failure to abate the violation within the specified time period shall be punishable by a fine of up to $5,000.00, 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 up to $7,500.00. A conviction resulting from a violation of provisions regulating the number of unrelated persons in single-family residential dwellings shall not be punishable by a jail term.

(6/12/07, Case TA-07-01, Ord No. 2007-19; 8/12/08, Case TA-08-02, Ord. No. 2008-31)

21-2-2

Repealed.

(9/22/15, Case TA-15-376, Ord. No. 2015-17)

(1/10/06, Case TA-05-05, Ord. No. 002-2006; 6/12/07, Case TA-07-01, Ord. No. 2007-19)

Any person, firm, or corporation, whether as principal, agent, employed 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 Ordinance 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 Ordinance, shall be subject to the following:

A.

Any violation of the following provisions of this Ordinance shall be subject to a civil penalty of $200.00 for the first violation, and a civil penalty of $500.00 for each subsequent violation arising from the same set of operative facts. Any person, firm, or corporation, whether as principal, agent, employed or otherwise who receives more than three civil penalties of the same nature but with different operative facts, the violation may be criminally prosecuted under Section 21-2 of this Ordinance.

1)

Each use of a lot, including the use of any structure thereon, not authorized either as a matter of right or by special use permit by these zoning regulations applicable to the district in which the lot is located, in violation of, as applicable, Sections and Subsections 3-1, 3-2, 4-1, 4-2, 5-1, 5-2, 5.1-1, 5.1-2, 6-1, 6-2, 7-1, 7-2, 8-1, 8-2, 9-1, 9-2, 10-1, 10-2, 11-1, 11-2, 12-1, 12-2, 13-1, 13-2, 14-1, 14-2, 15-1, 15-2, 15.1-1, 15.1-2, 16-1, 16-2, 16.1-1, 16.1-2.

2)

The operation of a business without a valid zoning use permit, in violation of Sections 18-1-1.1, 18-1-1.2, or 18-1-2.1.

(7/25/17, Case TA-17-287, Ord. No. 2017-20)

3)

Repealed.

(6/12/07, Case TA-07-01, Ord. No. 2007-19)

4)

Any violation of sections which regulates off-street parking., specifically Subsections 18-6-1.1, 18-6-1.2, 18-6-1.3, 18-6-1.4, or 18-6-1.5.

5)

The operation of a business and special regulations pertaining to the Primary and Secondary Downtown Assessment Districts, in violation of Section 18-7, specifically Subsections 18-7-1, 18-7- 1.1, or 18-7-1.6.

(4/9/13, Case TA-13-35, Ord. No. 2013-08)

6)

Any violation of Section 18-8, which regulates permanent and temporary signs, except as provided in section 18-8-13.5 or 18-15 of this Ordinance.

7)

The construction, erection or location of an accessory building or structure in a residential or commercial district in violation of Section 18-9 or 18-10 of this Ordinance.

7.1)

Any violation of Section 18-10.1 pertaining to solar energy systems.

(Ord. No. 2023-35, 1-23-2024)

8)

Any violation of Section 18-16 which pertains to nuisances.

9)

Any violation of Section 18-17 pertaining to mobile homes, mobile offices, mobile sales units, and mobile storage units.

9.1)

Any violation of Section 18-17.1 pertaining to vertical farming uses in industrialized containers.

(Ord. No. 2023-35, 1-23-2024)

10)

Any violation of Section 18-19 pertaining to the regulations and guidelines for home occupations.

10.1)

Any violation of Section 18-29 pertaining to the regulations for homeshares and short-term rentals.

(Ord. No. 2023-35, § 2, 1-23-2024)

11)

Any violation of Section 18-20 pertaining to the regulation and guidelines for outdoor storage of materials and display of merchandise for rent.

12)

Any violation of Article 19, which pertains to site plans and development standards, including but not limited to, the maintenance of required landscaping.

(7/25/17, Case TA-17-287, Ord. No. 2017-20)

13)

Any violation of Article 14, which pertains to the Historic Winchester (HW) District.

14)

Any violation of Section 18-6-10.1 pertaining to inoperable motor vehicles.

(2/12/08, Case TA-07-07, Ord. No. 2008-10)

15)

Any violation of Article 14.2, which pertains to the Corridor Enhancement Districts.

(7/25/17, Case TA-17-287, Ord. No. 2017-20)

B.

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-day period, and the total civil penalties from a series of such violations arising from the same set of operative facts shall not exceed $5,000.00.

C.

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 Treasurer of the City of Winchester received 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, then 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. However, no payment of any civil penalty shall constitute a legal non-conforming use and will be subject to injunctive relief by the City as long as it stays in existence.

Accordingly, no civil penalty for any violation on this section shall be paid by the owner/lessee unless said violation ceases to exist. 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 this 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 shall constitute a separate offense. In addition, the Court may order any additional penalties deemed just and lawful under the circumstances for failure to comply with its Order of abatement.

(8/12/08, Case TA-08-02, Ord. No. 2008-31)

D.

The designation of a particular violation in Section 21-3(A) 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, provided, however that when such civil penalties total $5,000.00 or more, the violation may be prosecuted as a criminal misdemeanor, and shall not preclude any other remedy available under this Chapter.

E.

The designation of a particular violation in section 21-3(A) shall not be construed to allow the imposition of civil penalties:

(i)

For activities related to land development within the meaning of Code of Virginia, § 10.1-603.2; or

(ii)

For violation of any provision of this Zoning Ordinance relating to the posting of signs on public property or public rights-of-way.

F.

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