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HomeMy WebLinkAboutZTA200900005 Legacy Document 2009-06-03pF .4L,6� Z� �IRGIN�P COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZTA 2009 -005 Zoning Ordinance Amendments relating to Enforcement and Administration SUBJECT /PROPOSAL /REQUEST: In order to better administer and enforce the Zoning Ordinance: a) clarify and revise problematic provisions such as definitions; b) include new provisions for enforcement, such as for temporary uses; c) reformat and renumber sections and d) make changes for consistency with the Virginia Code STAFF: Ms. McCulley, Messrs. Heide and Newberry PLANNING COMMISSION DATE: June 9, 2009 BOARD OF SUPERVISORS DATE: July 1, 2009 ORIGIN: Staff recommendations that were incorporated into a resolution of intent adopted by the Commission on April 14, 2009 (attached). BACKGROUND: These amendments relate to the administration and enforcement of the Zoning Ordinance. Many of the amendments involve: reformatting and renumbering sections and language within sections, adding definitions where they did not previously exist, correcting titles based on the current organizational structure, stating the current process and practice such as for building permits and notices of violation and incorporating several Virginia Code provisions. A complete table of the existing and proposed ordinance text with explanatory comments, is provided as Attachment B. In addition to these more "housekeeping" types of changes, several new provisions are included. The new provisions will be discussed in more detail within this report. DISCUSSION: The proposed changes that involve new provisions establish tools and procedures for the more effective and efficient administration and enforcement of the zoning regulations. These amendments include: • 1. Establishing a new term, "zoning permit," for those permits which are subject to zoning approval but are not subject to the building code. For example, zoning permits include construction of farm buildings and small (less than 150 square feet) storage (residential) sheds. Even though they are exempt from the building code, they are still reviewed by Zoning as to use, setback and the like. (New Section 31.3) 2. Clarifying the zoning approval (as the final zoning inspection approval) for those cases in which a certificate of occupancy is not required under the building code. Examples of this include certain interior renovations for residential use. (New Section 31.4) 3. Allowing administrative approval of a site plan bond extension beyond the one year deadline rather than requiring it to go to the Board of Supervisors. The language clarifies the limited but practical provision for bond extension. (New Section 31.4) 4. Establishing a similar provision for issuance of a zoning clearance that currently exists for issuance of a certificate of occupancy. It provides for the requirement of additional improvements that are necessary to protect the public health or safety, regardless of whether the improvements are shown on the site plan. This has been used to require handrails, retaining walls and similar safety improvements that were not shown on the site plan but were necessary for as -built site conditions. (New Section 31.5) Page 2 ZTA 2009 -005 Administration and Enforcement Public Hearing 5. Providing for a shorter appeal period (as allowed in Virginia Code) for cases which are temporary or seasonal. Examples of this include sign or event - related violations. (Section 34.3) 6. Listing investigation tools that are provided for in the Virginia Code, such as inspection warrants, search warrants and subpoenas duces tecum. (Section 36.2) 7. Providing for the use of a violation ticket and establishing several options for delivery of a violation notice. The amendment also lists the content necessary for an adequate violation notice. (Section 36.2) PUBLIC PURPOSE TO BE SERVED: A) Improve the clarity of Ordinance requirements and procedures for applicants. B) Provide for improved effectiveness and efficiency for the administration of the Zoning Ordinance. ADMINISTRATION/ REVIEW PROCESS: These amendments will improve the Ordinance administration and will further clarify certain review processes such as zoning review of building permits. HOUSING AFFORDABILITY: Staff has not identified any impact these amendments have on housing affordability. RECOMMENDATION: Staff recommends approval of the draft ordinance. (Attachment C) ATTACHMENTS: ATTACHMENT A: Resolution of intent ATTACHMENT B: Table of Ordinance Changes ATTACHMENT C: Ordinance amendments (Section 3, 31, 34, 36 and 37) dated May 22, 2009 2 RESOLUTION OF INTENT WHEREAS, the Zoning Administrator is authorized to administer and enforce the Zoning Ordinance; and WHEREAS, in recent years the General Assembly has amended the Virginia Code to enable localities, through their zoning administrators, boards of zoning appeals, and other officers to exercise additional powers and to provide for additional and alternative procedures to administer and enforce their zoning ordinances; and WHEREAS, it is desired to amend the Albemarle County Zoning Ordinance to implement the powers and procedures enabled by the Virginia Code and to make other related changes to the Zoning Ordinance's regulations pertaining to the administration and enforcement of the Zoning Ordinance; and WHEREAS, it also is desired to amend the Albemarle County Zoning Ordinance to further clarify and to reorganize several provisions related to its administration and enforcement. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good zoning practices, the Planning Commission hereby adopts a resolution of intent to amend sections 3.1, 31, 34.3, 36 and 37 of the Albemarle County Zoning Ordinance, and any other regulations of the Zoning Ordinance deemed appropriate to achieve the purposes described herein; and BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the zoning text amendment proposed by this resolution of intent, and make its recommendation to the Board of Supervisors, at the earliest possible date. Attachment A Proposed Changes to Sections 31, 34, 36, and 37 of the Zoning Ordinance May 31, 2009 Section # Existing Text Proposed Text Impact/Reason for Change Section 3.1 Definitions None. Building code: The term "building code" means the Adding these definitions will add clarity to the Ordinance. Virginia Uniform Statewide Building Code. None. Building perznit,The term "building permit" means a permit issued by the building official under the buildin€? code that is subject to the fees stated in Albemarle Coun=ty §_5 -201, =Code None. Certifzcate QfoceuDancu:The term "certificate of occupancy" means a certificate issued by the building official and the zoning administrator after final inspections under the building code and this chapter certifvin tea building or stateture is in compliance with the bui din c de and this chapter. None. Charter. this: The term "this chapter" means chapter 18 of theAlb.emarle County Code, also known as the Albemarle C-omunty zoning ordinance, and all applicable proffers, special usQ-pen-nits and their conditions certificates of appropriateness and their conditions, variances and their itions, application plans, codes of development. site glans, zoning compliance clearances, waivers,_modifications and variati4ns, and lheir conditions, and X11 other approvals and their conditions authorized by this chapter. None. Stte —The term "site "_ rneans one orm roe lots -or anv nart The Zoning Ordinance uses several different terms when referring to what may be composed of more than one lot. This is an attempt to have a single term refer to the same thing. thereof .includng one or more lots shown on a.subdivision _elan- site.p_l_an, or application plan. References in this chapter to "premises," "land," "lands," "lots" or "parcels" are to a site. Attachment B Page 2 of 25 Section # Existing Text Proposed Text Impact/Reason for Change Code, The. The Code of Virginia as the same may be amended from time to time. r inia Code. The term "Virginia Code" means the Code Eliminates potential confusion with the Chapter 1 definition of "Code," which refers to the Albemarle County Code, not the State Code. of Virginia, 1950, as amended, including the latest edition or supplement unlessQtherwise indicated. Re_f_erences in this chapter to the "Code of Virginia" and the "Code" are to the Virginia Code. None. Zoning administrator: The term "zoning administrator" Adding these definitions will add clarity to the Ordinance. means the officer serving as the county's zoning administrator and charged to administer and enforce this chapter, or his or her designee. None. Zoning clearance: The term "zoning clearance" means a written de_ termination by the zoning administrator that a proposed use or structure complies with this chanter. References in this chapter to "zoning compliance clearance" are to a zoning clearance Section 31 Administration, Enforcement and Interpretation Administration, and Enforcement New title better reflects content 31.1 Enforcement, zoning administrator This ordinance shall be administered and enforced by an officer to be known as the zoning administrator who shall be appointed by the board of supervisors of Albemarle County, Virginia. The zoning administrator shall have all necessary authority on behalf of the board of supervisors to administer and enforce the zoning ordinance, including the ordering in writing of the remedying of any condition found in violation of this ordinance and the bringing of legal action to ensure compliance with this ordinance, including injunction, abatement or other appropriate action or proceeding. The zoning administrator shall be guided in all of his actions pursuant to this 31.1 Designation of zoning administrator: authority The Reformat and reorganize office of zoning administrator is hereby established, subject to the following: a. Authority. The zoning administrator shall have all necessary authority on behalf of the board of supervisors to administer and enforce this chapter. This authority includes, but is not limited to: 1. Interpreting this chapter and the official zoning maps 2. Administering_ this chapter by making determinations and decisions on any matters arising ua er this chapter. including but not limited to, how .4 b 'Iding, structure or use should be classified, whether ATTACHMENT B Page 3 of 25 Section # Existing Text Proposed Text Impact/Reason for Change ordinance by the purposes, intent and spirit of this ordinance and the standards set forth in sections 1.4 through 1.6 of this ordinance. The zoning administrator may be assisted in the enforcement of this ordinance by the local office of the Virginia Department of Health, sheriff and all other officials of Albemarle County pursuant to their respective fields. In addition, the zoning administrator shall maintain the zoning map, and such map shall be kept current and shall reflect amendments as soon as practicable after adoption by the board of supervisors. a use is permitted within a particular zoning district whether a proposed building or structure complies with setback, bulk and other requirements, whether a b_uildin, structure, use or jot is nonconforming and a lot meets minimum lot size reouirements. _whether 3- Ordering in writing the remedying of any use or structure determined to be in violation . of this chapter; 4, Insuring compliance with this chapter, _b_. inn legal action, including an action for injunction, abatement, civil penalties or other appropriate action or nroeeeding subject to appeal as provided by Virginia Code § 15.2 -2311 and this chapter; 5. In sp.,ecific cases making findings of fact and concurrence of the county attorney, co clusions of law regarding determinations of rigbts under Vir ini Code & 15.2 - 236'7; 6. Enforcing the provisions of this chapter regulating the number of er rm�te to occ a sin - family residential dwelling unit provided such enforcement is in compliance with applicable local. state and federal fair housing laws: and 7. Making decisions and determinal.ions as to whether a 12ending site plan. subdivision plat, b '1 ii ermit application or any other application subject to review and approval by the county or the program autho ' complies with this _,chapter. b. Absence of specific authority not a limitation. The specific authority expressly ante to the zoning ATTACHMENT B Page 4 of 25 Section # Existing Text Proposed Text Impact/Reason for Change administrator in other sections of this chanter shall not be construed to be a limitation on the authority-of the zoning administrator to administer and enforce those sections where specific authority is not expressed. State law reference — Va. Code § 15.2- 2286(A)(4), (14). Section 31.2.1 Sec. 31.2.1 Permits required; conformance This is broken out Buildings or structures shall be started, with the 1st sentence reconstructed, enlarged or altered only after a building pen-nit has been obtained from the moving to Section 3 6. 1 c; 2nd sentence building official. No building permit or moving to 31.2 c3 for certificate of occupancy shall be issued in building permits and violation of zoning or other local ordinances section 31.3 d (1) for certificates of occupancy. Section 31.2.2 Section 31.2.2 Building Permits The zoning Sec. 31.2 Building permit applications Reformat and Building administrator shall review each application for reorganize. Pen-nits a building pen-nit to ensure that the building or JU zming admi.ni�trator shall review building pen-nit applications submitted to the uildin icial as follows structure proposed is in accordance with the Includes requirement terms of this ordinance. No permit shall be for two copies of issued for any construction for which a site a. Review. The zoning administrator shall review each building plans. building ennit application W ensure that the ro osed development plan is required to be approved by building or structure complies with this chapter. Each the commission in accordance with section 32.0 applicants all provide two _(2)copies of the building plans, of this chapter unless and until such plan shall two (2) conies of the approved site plan if applicable, and a have been so approved. Thereafter, any item copy of the most recent lat of record of the site to be built shown on such plan as approved shall be upon unless no such plat exists in which case the applican t deemed prima facie in accordance with the shall provide a copy of the most recent deed description of tenns of this ordinance. No permit shall be the land. Each applicant shall also provide—auver issued for any structure to be served by an information the zoninu administrator deems-necessary to individual well subject to a Tier 1 groundwater review the application. assessment under Albemarle County Code § ATTACHMENT B Page 5 of 25 Section # Existing Text Proposed Text Impact /Reason for Change 17 -400 until the applicant complies with Albemarle County Code 17 -401. (Amended 2- 5 -05) Each applicant shall provide a copy of the most recent plat of record of the land to be built upon unless no such plat exists, in which case the applicant shall provide a copy of the most recent deed description thereof. Any other information which the zoning administrator may deem necessary for consideration of the application may be required. If the proposed building or use is in confonmity with the provisions of this ordinance, a permit shall be issued to the applicant by the zoning administrator. One (1) copy of the drawing shall be returned to the applicant with the permit. (§ 31.2.2, 12- 10 -80; Ord. 04- 18(4), adopted 12- 8 -04, effective 2 -8 -05) b. Approval. If the proposed building or structure and stated use comply with this chapter, the zoning administrator shall_ approve the building pennit application as to its compliance with this chapter. Upon approval of the building permit one (1) copy of the building plan shall be returned to the applicant with the permit . c. Circumstances when building permit shall not be approved. The zoning administrator shall not approve a_ building permit in the following circumstances: 1. No building permit shall be issued for any buildinor structure for which a site_plan is_reauired unless and until the site plan has been approved. 2. No building ermi shall. be issued for any structure to be served by an individual well subject to a Tier 1 groundwater assessment under Albemarle County Code § 17-400. until the applicant complies with Albemarle County Code § 17 -401.. (Amended 2-5-Q-5) 3._ No building nern-nit be a1212roved in violation of any provision of this chapter. d. Other information for buildinZ official. The zoning administrator shall inform the building official of acv other applicable laws or any other provision of the Code to which the building or structure would not comply and, therefore,_a building permit application should not be approved by the building official. Section 31.3 Zoning Pen-nits None. Sec. 31.3 Zoning permits The zoning administrator shall Establishes as a new designation "zoning permit," for those permits which do not require a building review requests for zoning for those buildin .s and structures not required to file a building permit application, as follows__ ATTACHMENT B Page 6 of 25 Section # Existing Text Proposed Text Impact/Reason for Change a. When required. Prior to starting establishing constructing econ tructing enlarging or altering any code building permit uildings or structures for which a building permit application is not required under the building code, the applicant shall request a zoning permit. b. Review. The zoning administrator shall rj e, a h zoning permit application to ensure that the Vr9posesi building or structure complies with this chapter. Each applicant shall provide a copy of the most recent plat of record of the land to be built upon unless no such plat exists, in which case the applicant shall provides a copy of the most recent deed description of the land. Each applicant shall also provide any other information the zoning adm_ inistrator deems necessary to review the application. c. Approval. If the proposed building or structure and stated_ use comply with this chapter, the zoning administrator shad approve the zoning permit application. Section 31.2.3 Certificates of Occupancy; zoning compliance clearance Sec. 31.2.3.1 Certificate of occupancy It shall be unlawful to use or permit the use of any structure or premises, or part thereof, hereafter created, erected, changed, converted, altered or enlarged, wholly or partly in its use or structure, until a certificate of occupancy indicating completion of the work for which a permit was issued, is issued therefor by the zoning administrator. Final inspection approval or approvals may serve as the certificate of occupancy for any addition or alteration to a structure for which a certificate of occupancy has already been issued. The certificate shall show that the structure, premises or part thereof, and the proposed use thereof, is in Sec. 31.4 Certificates of occupancy The zoning Reformat and reorganize. Clarifies zoning approval (as approval of final zoning inspection) for construction which does not require a c.o. administrator shall review requests for certificates of occupancy submitted to the building official as follows. a. Review, Prior to issuance of a certificate of occupancy, the zoning administrator shall review the certificate to ensure that the building, structure and improvements = co_co mply with this ch�i ter. b. Approval. If the proposed building, structure and improvements, and the proposed use thereof, cQmaLy with this chapter, the zoning administrator shall issugthe certificate of occupancy The final zoning inspection approval or approvals may rve as evidence of the zoning _ administrator's-approval of the certificate of occu anc f r ATTACHMENT B Page 7 of 25 Section # Existing Text Proposed Text Impact/Reason for Change conformity with the provisions of this chapter. (Amended 10-3 -0 1) [GK: The first sentence of this regulation is moved to section 36.1(c), the remainder of section 31.2.3.1 is now reorganized and restated in section 31.3.] When structures are completed and ready for occupancy prior to the completion of all improvements required by the site plan, and the zoning administrator determines that the site may be occupied consistently with the public health, safety and welfare: (Amended 10 -3 -01) a. Except as provided in subsection (c), the owner may provide a certified check, bond with surety satisfactory to the county, a letter of credit satisfactory to the county, or other fonn of surety satisfactory to the county approved by the county attorney, in an amount sufficient for and conditioned upon the completion of the improvements related to the structure for which the permit is sought, within one (1) year. Upon the providing of such bond with surety, a permit may be issued for the occupancy of those structures already completed. (Added 10- 3 -01) b. The board of supervisors may extend the period of the surety if the applicant demonstrates that the extension is required because of adverse weather conditions or other unusual circumstances beyond the applicant's control, rather than the applicant's failure to diligently pursue completion or other reasons. (Added 10 -3 -01) any addition or alteration to_a buildin�or structure for which Provides administrative bond extension where it now requires Board of Supervisor's approval. a certificate of occupancy has previously been issued or is not required -under the building c. Certificate of occupancy where improvements not completed._ Upon the request of a developer, the zoning administrator m. rove a certificate. of Qccu c w re the buildings or structurea-shawn orra site lam completed in compliance with the building code and this chapter before all improvements required by the site plan are completed as follows: 1. Required findings_ The zoning administrator may approve a certificate of occupancy upon finding that: (i) the improvements still to be completed and operating are not directly related to health and safety, such as fire hydrants and safe and convenient access to public roads, and (ii) the site may be occupied without endangering life or public healt s et prior 9 full completion of the improvements Le gul 'red by the site_plan. 2. Surety. Before issuing a certificate of occupancy, the zoning administrator may require the developer to provide a certified check, bond with surety, a letter of credit, or other foral Qf surety, all of which hall be in a form satisfactory to the county attoLnev. in an amount sufficient for and conditioned upon the completion of the improvements within one (1) year. Upon the request of the developer prior to the expiration of the surety, the zoning administrator may extend the period of the surety if the developer demoustr -ates that an extension is required because of adverse weather conditions or other unusual ATTACHMENT B Page 8 of 25 Section # Existing Text Proposed Text Impact/Reason for Change c. A certificate of occupancy shall not be issued, and a surety shall not be accepted, if the zoning administrator determines that improvements directly related to health and safety, such as fire hydrants and safe and convenient access to public roads, have not been completed and are not operational. (Added 10 -3 -01) (§ 31.2.3.1, 12- 10 -80, 6 -2 -82, 9 -9 -92; Ord. 01- 18(6), 10 -3 -01) circumstances beyond the developer's control. rather than the developer's failure to diligently pursue completion or other reasons, (§ 31.2.3.1, 12- 10 -80, 6- 2- 82.9 -9 -92; Ord. 01_- 18(6).. 1.0 -3- OD d. Circumstances when certificate of occupancy shall not be issued. The zonin administrator shall not issue c tQ of occupancy in the following circumstances: 1. No certificate of occupancy shall be issued in violation of this a t me 10 -3 -01 31.2.1, 12- 10 -80; Ord. 01- 18(6). 10 -3 -01) 2. No certificate of occupauUjhall be issued if3 after review of any building, structure or site, the zoning administrator determines that additional improvements are necessary to protect the public health or safety, regardless of whether the improvements are shown on the site plan. (Added 9- 9-92• Amended 10-3 -01LL� 31.2.3_.3.9 -9 -92; Ord. e. ether information for building official. The zoniin administrator shall inform the buildijig..official o f any other applicable laws or an_y other provision of the Code to which the building or structure does not comply d therefore a certificate of Qccupancy should not be issued by the building official. ATTACHMENT B Page 9 of 25 Section # Existing Text Proposed Text Impact/Reason for Change Section 31.2.3.2 Section 31.2.3.2 Zoning compliance Sec. 31.5 Zoning clearance The zoning administrator shall Reformat. review requests for zoning clearauces as follows: Zoning clearance An occupant shall obtain a zoning compliance compliance clearance from the zoning clearance administrator when: (1) a new commercial or a. When required. A zoning clearance shall be required in the following circumstance industrial use is first established on a parcel; (2) an existing commercial or industrial use is changed or intensified; or (3) the occupant of a 1. New Piro establishing a new commercial or industrial use on a site. non - residential use changes. The zoning compliance clearance shall be issued only if the zoning administrator determines that the 2. Change or intensification existing use. Prior to changing or intensifying an existing commercial or structure or premises and its use comply with industrial use. the requirements of this chapter. For purposes of this section, production agriculture is not a commercial or industrial use; a home 3..:hangg of occupant. Prior to anew oc�uit taking possession of an existing non- residential, occupation is a commercial use. (Added 9 -9- other than agricultural-use. 92; Amended 10- 3 -01)(§ 31.2.3.2, 9 -9 -92; Ord. 01- 18(6), 10 -3 -01) Adds #4 - for those 4. Specific buildings. Structures or uses. Prior _to cases not already establishing any building, structure or use for which covered but which a zoning clearance is required under section 5. require a zoning clearance under the b_._A_ pprayal. If the proposed building,, tire, supplementary improvements, and site and the, proposed use t er f regulations. co Iv with thischapter, the zQru'nE administrator aLaU issue the zoning clearance. e. Cit'cumstance when zoning clearance shall not be issued. New provision for The zoning administrator shall not issue a zoning clearance zoning clearances i£ after review of any site, the zoning administrator which exists for determines that additional improvements are necessary to certificates of protect the public health or safety, re ardle_s f whether the occupancy. It has improvements are shown on the site plan. (Added 9 -9.92. been helpful to require Amended 10 -3 -01) (& 31.2.3.3. 9 -9 -92: Ord. 01- 1$(6)_ 10-j--. additional safety O1 improvements. ATTACHMENT B Page 10 of 25 Section # Existing Text Proposed Text Impact /Reason for Change d. Commercial and industrial uses defined. _For thegurposes of this section 31.4, production agriculture is not a commercial or industrial use. and a home occupation, class A or class 13 is .,a commercial use. (Added 9 -9 -92; Amended 10E e. Effect of renumbering and renaming. Any other section of this chapter that refers to section 31.2-.3.2 or to a zoning compliance clearance shall be deemed to be a referenc__e, to section 31.4 or a zoning clearance. (& 31.2.3.2.-9-9- Ord. 1- 18(6), 10 -3 -LI) Sec. 31.2.3.3 Notwithstanding sections 31.2.3.1 and 31.2.3.2, Same, but has been split and moved to two new sections: Moved for clarity. Authority not to nothing contained herein shall be deemed to section 31.4(d) (2) for certificates of occupancy and section issue certificate obligate the zoning administrator, following 31.5(c) for zoning clearances. of occupancy or review of any building or premises, to issue a zoning certificate of occupancy or zoning compliance compliance clearance in any case in which the zoning clearance administrator determines that additional improvements are necessary as precedent to issuing a certificate of occupancy or a zoning compliance clearance to protect the public health or safety, whether or not the improvements are shown on the approved site plan. (Added 9 -9 -92; Amended 10 -3 -01) Section 31.2.4 Section 31.2.4 Special Use Permits Section 31.6 Special Use Permits Renumbered to Special Use accommodate other Permits changes. Section 31.2.4.1 Section 31.2.4.1 Reserved to Board of Section 31.6.1 Reserved to Board of Supervisors Renumbered to The board of supervisors hereby reserves unto itself the Reserved to Supervisors accommodate other Board of right to issue all special use permits permitted hereunder. changes. Same text Supervisors Special use permits for uses as provided in this ordinance may be issued upon a finding by the board of supervisors that such use will not be of substantial detriment to adjacent below title with one minor exception. ATTACHMENT B Page 11 of 25 Section # Existing Text Proposed Text Impact/Reason for Change property, that the character of the district will not be changed thereby and that such use will be in harmony with the purpose and intent of this ordinance, with the uses permitted by right in the district, with additional regulations provided in section 5. , and with the public health, safety and general welfare. Section 31.2.4.2 Section 31.2.4.2 Application Section 31.6.2 Application Renumbered to Application Application for a special use permit shall be made by the accommodate other filing thereof by the owner or contract purchaser of the changes. Same text subject property with the zoning administrator, together with With minor changes a fee as set forth in section 35. . No such for clarity. permit shall be issued unless the board of supervisors shall have referred the application therefor to the commission for its recommendations. Failure of the commission to report within ninety (90) days after the first meeting of the commission after the application has been referred to the commission shall be deemed a recommendation of approval. Provided, however, any day between the date an applicant requests or consents to a deferral or continuance of the consideration of the application by the commission until the date of the deferred or continued hearing by the commission shall not be counted in computing the ninety (90) day review period. The board of supervisors may extend the review period upon a request by the commission. The board of supervisors shall act upon such application and render a decision within a reasonable time period. No such permit shall be issued except after notice and hearing as provided by seGtiGn 15.2 2204 of the Gede and Virginia Code § 15.2 -2204 and section 33.8 of this chapter POSTING OF PROPE (Amended 5 -5 -82; 6- 19 -96) ATTACHMENT B Page 12 of 25 Section # Existing Text Proposed Text Impact/Reason for Change Section Section 31.2.4.2.1 Limitation of filing new A. Limitation of filing new application after original denial Incorporate new Upon denial by the board of supervisors of any application 31.2.4.2.1 application after original denial Upon denial Section reference. Limitation of by the board of supervisors of any application filed pursuant to section 31.6.2 above, substantially the same filing new filed pursuant to section 31.2.4.2 above, petition shall not be reconsidered within twelve (12) months application after substantially the same petition shall not be of the date of denial. (Added 6- 19 -96) original denial reconsidered within twelve (12) months of the date of denial. (Added 6- 19 -96) Section Section 31.2.4.2.2 Withdrawal of petition An b. Withdrawal of petition_ An application shall be 31.2.4.2.2 application shall be withdrawn, or be deemed to withdrawn, or be deemed to be withdrawn, as provided Withdrawal of be withdrawn, as provided herein: (Added 10- herein: (Added 10 -3 -01) petition 3 -01)a. An application filed pursuant to section 31.2.4.2 above may be withdrawn upon written 1. An application filed pursuant to section 31.6.2 Incorporate new request by the applicant. The written request above may be withdrawn upon written request by the Section reference. must be received by the body considering the applicant. The written request must be received by application prior to it beginning consideration the body considering the application prior to it of the matter on the meeting agenda. Upon beginning consideration of the matter on the meeting receipt of the request for withdrawal, agenda. Upon receipt of the request for withdrawal, processing of the application shall cease processing of the application shall cease without without further action by the commission or the further action by the commission or the board. board. Substantially the same application shall Substantially the same application shall not be not be reconsidered within twelve (12) months reconsidered within twelve (12) months of the date of the date of the withdrawal unless the body of the withdrawal unless the body considering the considering the application at the time of application at the time of withdrawal specifies that withdrawal specifies that the time limitation the time limitation shall not apply. (Added 6- 19 -96; shall not apply. (Added 6- 19 -96; Amended 10- Amended 10-3-01) 3 -01) b. If the applicant requests that further processing or formal action on the application 2. If the applicant requests that further processing or be indefinitely deferred, the application shall be formal action on the application be indefinitely Correct to current title deemed to have been voluntarily withdrawn by deferred, the application shall be deemed to have the applicant if the commission or the board been voluntarily withdrawn by the applicant if the does not take action on the application within commission or the board does not take action on the twelve (12) months after the date the deferral application within twelve (12) months after the date was requested. Upon written request received the deferral was requested. Upon written request by the director of planning and community received by the director of planning and een�Hnun4y ATTACHMENT B Page 13 of 25 Section # Existing Text Proposed Text Impact/Reason for Change development before the application is deemed development before the application is deemed to be to be withdrawn, the director may grant one withdrawn, the director may grant one extension of extension of the deferral period for a period the deferral period for a period determined to be determined to be reasonable, taking into reasonable, taking into consideration the size or consideration the size or nature of the proposed nature of the proposed use, the complexity of the use, the complexity of the review, and the laws review, and the laws in effect at the time the request in effect at the time the request for extension is for extension is made. (Added 10 -3 -01) made. (Added 10 -3 -01) Section 31.2.4.3 Section 31.2.4.3 Conditions The board of Section 31.6.3 Conditions The board of supervisors may No substantive Conditions supervisors may impose upon any such pen-nit impose upon any such permit such conditions relating to the change. such conditions relating to the use for which use for which such permit is granted as it may deem such permit is granted as it may deem necessary in the public interest and may require a bond with necessary in the public interest and may require surety or other approved security to ensure that the a bond with surety or other approved security to conditions so imposed shall be complied with. Su-eh!Le ensure that the conditions so imposed shall be conditions shall relate to the purposes of this ordinance, complied with. Such conditions shall relate to including, but not limited to, the prevention of smoke, dust, the purposes of this ordinance, including, but noise, traffic congestion, flood and /or other hazardous, not limited to, the prevention of smoke, dust, deleterious or otherwise undesirable substance or condition; noise, traffic congestion, flood and /or other the provision of adequate police and fire protection, hazardous, deleterious or otherwise undesirable transportation, water, sewerage, drainage, recreation, substance or condition; the provision of landscaping and /or screening or buffering; the establishment adequate police and fire protection, of special requirements relating to the building setbacks, transportation, water, sewerage, drainage, front, side and rear yards, off - street parking, ingress and recreation, landscaping and/or screening or egress, hours of operation, outside storage of materials, buffering; the establishment of special duration and intensity of use, building height and /or other requirements relating to the building setbacks, particular aspects of occupancy or use. Except as the board front, side and rear yards, off - street parking, of supervisors may otherwise specifically provide in a ingress and egress, hours of operation, outside particular case, any condition imposed under the authority of storage of materials, duration and intensity of this section shall be deemed to be essential to and use, building height and /or other particular nonseverable from the issuance of the permit itself. aspects of occupancy or use. Except as the (Amended 10 -3 -01) board of supervisors may otherwise specifically provide in a particular case, any condition (§ 31.2.4.3, 12- 10 -80; Ord. 01- 18(6), 10 -3 -01) imposed under the authority of this section shall ATTACHMENT B Page 14 of 25 Section # Existing Text Proposed Text Impact /Reason for Change be deemed to be essential to and nonseverable from the issuance of the permit itself. (Amended 10 -3 -01) (§ 31.2.4.3, 12- 10 -80; Ord. 01- 18(6), 10 -3 -01) Section 31.2.4.4 Section 31.2.4.4 Revocation Any special use Section 31.6.4 Revocation Any special use permit issued Insert new Section Revocation permit issued pursuant to this chapter may be pursuant to this chapter may be revoked by the board of reference revoked by the board of supervisors, after supervisors, after notice and hearing pursuant to Virginia notice and hearing pursuant to Virginia Code § Code § 15.2 -2204, for willful noncompliance with this 15.2 -2204, for willful noncompliance with this chapter or any conditions imposed under the authority of chapter or any conditions imposed under the section 31.6.3. If the use, structure or activity for which a authority of section 31.2.4.3. If the use, special use permit is issued is not commenced within structure or activity for which a special use twenty -four (24) months after the permit is issued, the permit is issued is not commenced within permit shall be deemed abandoned and the authority granted twenty -four (24) months after the permit is thereunder shall thereupon terminate. For purposes of this issued, the permit shall be deemed abandoned section, if the use authorized by the permit requires the and the authority granted thereunder shall construction of one or more structures, the term thereupon terminate. For purposes of this "commenced" means starting the lawful physical section, if the use authorized by the permit construction of any structure necessary to the use authorized requires the construction of one or more by the permit within twenty -four (24) months after the structures, the term "commenced" means permit is issued. The board of supervisors may, as a starting the lawful physical construction of any condition of approval, impose an alternative period in which structure necessary to the use authorized by the to commence the use, structure or activity as may be permit within twenty -four (24) months after the reasonable in a particular case. A determination that a ATTACHMENT B Page 15 of 25 Section # Existing Text Proposed Text Impact/Reason for Change permit is issued. The board of supervisors may, permittee has commenced a use, structure or activity under as a condition of approval, impose an this section is not a determination that the permittee has alternative period in which to commence the acquired a vested right under Virginia Code § 15.2 -2307. use, structure or activity as may be reasonable (Amended 10- 3 -01)(§ 31.2.4.4, 12- 10 -80; Ord. 01- 18(6), 10- in a particular case. A determination that a 3 -01) permittee has commenced a use, structure or activity under this section is not a determination that the permittee has acquired a vested right under Virginia Code § 15.2 -2307. (Amended 10- 3 -01)(§ 31.2.4.4, 12- 10 -80; Ord. 01- 18(6), 10 -3 -01) Section 31.2.5 Section 31.2.5 Review of public uses for Remove it completely. Remove because Review of compliance with the comprehensive plan No Virginia Code § 15.2 - public uses for street, park or other public area, or public 2232 is self executing compliance structure, or public utility, public building or and, more importantly, with the public service corporation other than railroads, 2232 review is not a comprehensive whether publicly or privately owned, shall be zoning- related review plan constructed, established or authorized, unless and action and does and until the general location or approximate not belong in the location, character and extent thereof has been Zoning Ordinance. submitted to and approved by the commission as being substantially in accord with the adopted comprehensive plan or part thereof. In connection with any such determination, the commission may establish such conditions of approval as deemed necessary to insure compliance with the comprehensive plan. Widening, narrowing, extension, enlargement, vacation or change of use of streets or public areas shall likewise be submitted for approval, but paving, repair, reconstruction, improvement, drainage or similar work and ATTACHMENT B Page 16 of 25 Section # Existing Text Proposed Text Impact/Reason for Change normal service extensions of public utilities or public service corporations shall not require approval unless involving a change in location or extent of a street or public area. The foregoing notwithstanding, the provisions of section 15.2 -2232 of the Code shall apply to any such review. Section 34.3 Section 34.3 Appeal to the board of zoning 1n appeal to the board of zoning appeals may be taken by Reformat any person aggrieved or by any officer, artment board or Appeal to the appeals Appeal to the board of zoning appeals bureau of the county affected by any decision of the zoning board of zoning may be taken by any person aggrieved or by appeals any officer, department, board or bureau of the administrator, or from any order, requirement. decision or determination (collectively, the "decision ") made by any county affected by any decision of the zoning other administrative officer in the administration or administrator. Such appeal shall be taken enforcement of this chapter, as provided herein. within thirty (30) days after the decision appealed from by filing with the zoning administrator, and with the board of zoning a. Time for filing appeal. A notice of app gal (an Establishes shorter shall be filed within thirty (30) days after the decision appeals, a notice of appeal specifying the appeal period (ten appealed, provided that an appeal of a decision pgrtainingto grounds thereof. The zoning administrator days rather than thirty) temporary or seasonal commercial uses shall be filed within shall forthwith transmit to the board of zoning for decisions relating ten (10) days of er the decision if the notice of violation appeals all the papers constituting the record to temporary or states that the ten (low appeal_period applies. upon which the action appealed from was seasonal uses. taken. An appeal shall stay all proceedings in furtherance of the action appealed from unless b. Filing and contents of appeal. An appeal shali_laefil -ed with the zoning administrator and with the board of zoning the zoning administrator certifies to the board appeals. Tlie appeal shall specify the grounds for the appeal. of zoning appeals that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property, in c. Transmittal of record. the filing of an appeal, the _Upon zoning administrator shall forthwith_ transmit to the board of which case proceedings shall not be stayed zoning appeals all the papers constituting the record upon otherwise than by a restraining order granted by which the action appealed from was taken. the board of zoning appeals or by a court of record, on application and on notice to the zoning administrator and for good cause shown. d. Stay of proceedings. An appeal shaliay all proceedings ATTACHMENT B Page 17 of 25 Section # Existing Text Proposed Text Impact/Reason for Change in furtherance of the action annealed from_ unless the zoning administrator certifies to the board of zoning appeals that b_v 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 LQtherwise than by as restraining order granted by the board of zoning appeals or by a court of record, on application and on notice to the zoning administrator and for good cause shown. State law reference— Va. Code §§ 15.2- 2286(A)(4), 15.2 - 2311(A), B). Section 36.1 Violations - Generally Section 36.1 Violations - Generally Any building erected contrary to any of the provisions of this ordinance or contrary to any condition imposed upon any conditional rezoning, issuance of a special use permit 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 ordinance or any condition imposed upon any conditional rezoning, issuance of a special use permit or approval of a site plan, shall be a violation of this ordinance 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 ordinance. (Amended 12- 20 -89) Section 36.1 Violations The following are violations of this chapter and are declared to be unlawful:. a. Uses_ Anv use of a structure_ im rote -ne r 1 nd Reorganize and refonnat for clarity. Establishes specific provision that building without a permit and occupying without a certificate or established: that is conducted, operated or maintained in violation of any provision of this chapter or anv approved application plan, site plan, code of development, zoning clearance or condition accepted or imposed in conjunction with an owity approval under thi cha tgr. b..$tructures_ r im royements. Any structure_ or improvement that is established, conducted_ _ope.r..atedQ maintained in violation of anv provision of this chapter or any approved application plan, site plan, code of development, zoning permit, zoning clearance, or condition accepted or imposed in conjunction with y county a nroval under this chanter. c.. Structures without building a structure for which a building pe i t-app Iication is required that is started, established, constructed, reconstructed, enlarged or altered without a building permit ATTACHMENT B LO N 4- 0 M W (B Fil W x U H N d L 73 ��, � U wt� N �y = /0 03 1-•4 v O ct U U O u z O U p cYd N 03 a 0 v Ct b0 O U w+ C . cd — CC C. et a� aUi C-1) I, O CZ _ O °�' ° ro�.,E!i `n O U ?+. U Y " a\ L O cd O O U O X O UO O C O U coo In ,_ N> 03 U O cd _ Cqj -" -1-1 U 'O N cd O ct O �" d " Q,1 U Y U U p +� � �O cn U O cd U O ' U O ccii d U Q� cJ N '� � i� } , U oo ° a �.. ° a� ° 3 a Y o a o° U �• i O o Y N U 3 ti V y U. � 3 a� Cd 0 'O a� a Y a a v3 ; u � -� sU- cn � �° U O U C U � cd 4J O U O Q7 cd -- �• U p +C2 O Cd y. 'C3 tj cd + �; Cd nl? U N �. :: al U , t U -p s O O O 4 24 cd yy O a U U rA U y cd U O O .� G O �� 0 U 0 C N O p N U t <> Y N U " N cn N �, Y .. y U •� U U U s r G i U cn 7s U �' ' U � M U 0 � > � � cn U � ... � U � O w'I N co C6 Y O r� c� ..O j cn � °N N cn G O Yn U cd U Cb O G .�� vO V] c� UO Cddl c�tl cd cn U cd Q) cn .� cd 0 71 U O O cd Q 'O p ctC/) iU r O� 3 0 °� .bD O -E �- 4, U-4 r �" •"d C.' cYd `b Y += O zs O N U 'O > cz U� O U > � cd > 7� O _O U O O cn n N V) p U .fl p U N > p >' O O U U U >� w vi Q �M4 x S� O b U O U O U Y >G U cd "O bD = >, r° N n y Cd U U 14 Y � � n .� ? = . V) � ° P cd U' O CIS p° U v' O Or U V N a U y cn O cd U Y C cd n N U N U t cn O N 3 cz p O p Y O cd L +, M_ O :::s bA O C O_ ct 0 .O '� .� � 'O X f� '� > C,3 O • 'C/� v OU > U Y '� U U c U N p ^O U O O O U O O� "O O Y U 0 ct 0 � W ] -0 Cl, C13 > O, N Z Z M O >— U U N V y O Y yy Y 12 .o �d .O a� .° o. 0 Y :d p O� U p bD O U Fil W x U H N d Page 19 of 25 Section # Existing Text Proposed Text Impact/Reason for Change good faith effort to obtain the data or infonnation necessary Provides for use of a ticket as a means of notice of violation. Establishes the content necessary for a notice of violation. Provides additional delivery options for a notice of violation. to deiennine whether-a violation. has occurred. has been L-wable to obtain such information, he may-request-that the office of the county attorney petition the judge of the general district court for a subpoena duces tecum against and person refusing to produce the data or infonnation, as authorized under, Vir inia ode & 15.2- 2286(A)(4). d. Notice of violation: exception. If, upon completion of 1he investigation, the zoning administrator determines that a violation of this chapter -exists t a notice of violation shall be issued to the person committing and/or pernutting the violation if the zoning administrator determines to pursue enforcement, provided that a notice of violation shall not be required to be issued for a violation initiated by a ticket under section 36.3(al. 1. Contents of notice. The notice shall include the following information: (i) the date of the notice; (ii) the basis for the decision, (iii) a statement informing the recipient that the decisio.-.may be appealed to the board of zoning appeals within applicable appeal period provided 'n section 34.3 and that the decision shall be final and unappealable if it is not ti el appealed, and (iv) the time within which the violation shall Yee abated. 2. Delivery of notice. The notice shall be either and delivered, posted on the door of a building on the site, or mailed by regular or certified mail, provided that notice to the property owner, sent certified mail. to, or pasted at, the last known address of the property owner as shown on the current real estate tax assessment books or current ATTACHMENT B Page 20 of 25 Section # Existing Text Proposed Text Impact/Reason for Change real estate tax assessment records shall satisfy the notice requirements of this section. e. Remedies. In the enforcement of this chapter, the zonin .administrator may pursue any remedy authorized by law. The remedie rovided in sections 3.L2,36.4 and 36.5 are cumulative and not exclusive except to the extent expressly provided therein, and shall be in addition to any other remedies authorized by law. ATTACHMENT B Page 21 of 25 Section # Existing Text Proposed Text Impact /Reason for Change Section 37.2 Civil Penalty See. 37.2 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 other detailed statement or plan submitted by him and approved under the provisions of this chapter, shall be subject to the following: A. Any violation of this chapter shall be subject to a civil penalty of two hundred dollars ($200.00) for the first violation, and a civil penalty of five hundred dollars ($500.00) for each subsequent violation arising from the same set of operative facts (Amended 3- 16 -05; Amended 7- 5 -06). 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 maybe 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) (Amended 3- 16 -05; Amended 7- 5 -06). C. Any person surnmoned 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 See. 36.3 Civil penalties Any person. whether the owner, Reformat and reorganize. Clarifies the procedure for seeking civil penalties. Establishes the content of a civil summons or ticket. lessee, principal, agent, emple ee. or ise who violates an ovisi n of this cha ter as rovi ed in section permits either by granting permission to another to engage in the violating act or by not prohibiting the violating act after being informed by the zoning administrator that the act violates this chapter as provided in_sec i n 36.2 shall be subject to the following: a. Procedure. Proceedings seeking civil penalties for all vi_ lations_ this ch to under.this section 36.3 shall �e.nc Pi herb filing a civil summons in the_�enera district court or by the zoning administrator_Qr_his deputy issuing a ticket. b Minimum elements of a civil summons or ticket &civil summons et shall contain, at a minimurn . th following information: (i) the name and address of the erg charged: (ijl the nature of the violation and the section of this chanter allegedly violated: (iii) the location and date that the violation occurred or was observed; (iv) the amount of the civil-penalty being imposed for the violation; (v)=the mannerlocation and time in which the civil penalty maybe paid to the county: (vi) the ri hto the recipient of the summons tg elect to stand trial and that a Signature to an admission of liability_ will have the same force and effect as a judgment of a court;, and either the date scheduled for trial, or the date for scheduling of such trial by the court. c. Amount of civil penalty. Any violation_of this chapter shall be subect to a civil pQually Qf two hundred dollars 200.0 for the initial summons, d a civil penalt of five hundred dollars 500.00 for each additional summ ns ATTACHMENT B Page 22 of 25 Section # Existing Text Proposed Text Impact/Reason for Change 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. D. A violation enforced under section 37.2 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. (Amended 7 -5 -06) E. Section 37.2 shall not be construed to allow the imposition of civil penalties: (1) 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. (Amended 7 -5 -06) arising from the same set of operative facts. d. Maximum aggregate civil penalty. The total civil penal ies from a series of violations in from the same set of operative facts shall not exceed five thousand dollars_ ($5.00Q.00). After the civil penalties reach the_fiv& thousand dollar ($5,000.00) limit, the violation may be prosecuted as a criminal misdemeanor under section 36.4., e. Each day a separate offensQLsin e ffens in 1 - a _ period 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 eharged_not more than once in a ten (I0) day period. f. Option to prepay civil penalty and waive trial. An erson summoned or ticketed for a violation of this chapter may elect to pay the civil penalty by makin-g an appearance in person or in writing by mail to the department of finance prior to the date fixed for trial in cQurt. A erson so appearing nay enter a waiver of trial admit liabilityt and pay the civil penalty established for the offense charged. A signature to an admission Qf liabi it shall have the same force and effect as a judgment ofcourt. However, such an admission shall not be deemed a criminal conviction-for any purpose. If aierson 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 liabili v shall not be deemed a cri_minaLeonviction for any purpose. g. Civil penalties are in lieu of criminal penalties. A ATTACHMENT B Page 23 of 25 Section # Existing Text Proposed Text Impact/Reason for Change (Ord. 00- 18(5), 6- 14 -00; Ord. 02- 18(3), 2 -13- 02; Ord. 05- 18(3), 3- 16 -05; Ord. 06- 18(1), 7- 05 -06) State law reference — Va. Code § 15.2 -2209. violation enforced under section 36.3 shall be in-lieu of any criminal penalty and. except for any violation resultjnL 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. (Amended 7 -5 -061 h. Violations excluded. Section 36.3 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 the violation of any provision of this chapter relating to the posting of signs on public property or public rights- - (& 37.2; Ord. 00- 18(5)_ 6- 14 -00; Ord. 02-18(3), 2- 13 -02: Ord. 05-18(3), 3-16-05, • Ord. 06-18(l), 7 -0 -06 State law reference — Va. Code § 15.2 -2209. ATTACHMENT B LO N 0 N (6 4. � �- o 2 cC"d O C', U 0 ya, o ° w ° °o > °o � 3 Ct c CZ CZ cn iC C's M , � N U 4-a o � cd U N L cd it cd a� cn a' o +� ° ° cd o U GO a) > O U cd a, N - p U" N U co cd ~ 4. N ct O O N aJ O cUd Vj 1 C°� C) "I p .. Cd „C_ p O cd 'y Q aJ M p y d cd U �' C3 rn � � Cd U bi L Cl) cd • ° L•• Cn ct r'-� ��, bi i.l V� a7 U • O • /�� �V-I `i••� �r • >-y �_ • ••� •Y! •tea O � ° iM Col i••i �d •.y .�- Ay�i 75– cd c� > 'p cd p cn Ln _ CA _ ao ao d'. -rs °1 �. a� U Cd -C! bi C/1 O cd � U cc3 C7 _! sU. cd a3 P41 �" sUa C cn cz v U y s. cd U sU. U c� ca; O cd b U 'O s O b C/) y O O > _ ai > 0 O C r- = ,-- S r O 0 y r O cd }� n cd L n° % — Q cd � cn U O U '" a� " cd cd O cd �� �O o- •° �� a� a 3 y U �, : aj o c + c. % ° � ' r a% < i ��- U O cd > ri � U 4% cd � p cd- � � � , _) O ° cd c} O p cn .--• 4. cad n O N U y_ N G� ° �_ '�, O y cd 'p i. ._ O cd V N y y' �-•, cd r O N b O ^p O U U N O v b �_ _O -� 4 s. +, .0 p " > Q.' N cn E U p 4. a. ° Cl b p b U cd -p Cl, cd "O 'b Ct o oy o_ ct o o> -^ o _" q) y P..� o O O O L° O 0 cd LS O O° U •� . cl� p p � .� _ C69 Ln _ W bUA s°. O _ 69 69 a�J rs > 3 rte. O 6'4 U P. O cz 69 m P. > L o 0 0 cd c) rA s� " .� .� `. .� .. 7o cl� V) cri r. 03 01 U1 V) P- f� H W x U F-' H Q Page 25 of 25 Section # Existing Text Proposed Text Impact/Reason for Change thousand dollars ($2,000.00). Failure to abate the violation family residential units. within the specified time period sh unishable by a fine of un to five thousand dollars ($5,000 00), and any! such failure during any succeeding ten (10) day peri d shall constitute a separate misdemeanor offense for each ten (101 day period punishable by a fine of up to seven thousand five hundred dollars ($7,500.00). However, no such fine shall accrue against an owner or managing anent of-a-single- family residential dwelling unit during the pendency of and legal action commenced by such owner or managing age of the dwelling unit against a_tenant to eliminate an overcrowding condition in accordance with Chapter 13 or C Chapter 13.2 of Title 55, as applicable, A conviction resulting from a violation of provisions regulating the umber of unrelated persons in single - family residential dwelling units shall not be punishable by a jail term_ 7.1; Ord. 00- 18(5), 6- 14 -00) State law referenc — V . Code § 15.2- 2286(A)(5). Sec. 37.3 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. (Ord. 00- 18(5), 6- 14 -00) State law reference — Va. Code § 15.2 -2208. Sec. 36.5 Iniunctive relief and other remedies Any violation of this chapter maybe restrained, corrected or abated as the case may be by injunction or other appropriate relief. (§ 37.3; Ord. 00- 18(5), 6- 14 -00) State law reference — Va. Code § 15.2 -2208. ATTACHMENT B Draft: 05/22/09 ORDINANCE NO. 09 -18( ) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE IV, PROCEDURE, AND ARTICLE V, VIOLATION AND PENALTY, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning, Article I, General Provisions, Article IV, Procedure, and Article V, Violation and Penalty, are hereby amended and reordained as follows: By Amending: Sec. 3.1 Definitions Sec. 34.3 Appeal to the board of zoning appeals By Amending and Renaming: Sec. 31.1 Enfefeeffleiit, zening adtfiinistfatef Designation. of-zoning a _strator: aut onty Sec. 36.1 Violations —gam By Amending, Renumbering and Renaming Where Noted (old section number first, followed by name, followed by new section number): Sec. 31.2.2 Building permits Sec. 31.2 (part) and Sec. 31.3 (part) Zoning permits Sec. 31.2.3.1 Certificate of occupancy Sec. 31.4 Sec. 31.2.3.2 Zoning eefliplianee clearance Sec. 31.5 Sec. 31.2.4 Special use permits Sec. 31.6 Sec. 31.2.4.1 Reserved to board of supervisors Sec. 31.6(part) Sec. 31.2.4.2 Application Sec.31.6(part) Sec. 31.2.4.2.1 Limitation of filing new application after original denial Sec. 31.6(part) Sec. 31.2.4.2.2 Withdrawal of application Sec. 31.6(part) Sec. 31.2.4.3 Conditions Sec. 31.6(part) Sec. 31.2.4.4 Revocation See. 31.6(part) Sec. 37.1 Criminal perialtyies Sec. 36.4 Sec. 37.2 Civil penalty=' Sec. 36.3 Sec. 37.3 Injunctive relief and other remedies Sec. 36.5 By Repealing: Sec. 31.1.1 Enforcement of board of zoning appeals decisions Sec. 31.1.2 Enforcement of minimum requirements Sec. 31.1.3 Interpretation by zoning administrator Sec. 31.2 Permits (heading only) Sec. 31.2.3 Certificates of occupancy; zoning compliance clearance (heading only) Sec. 31.2.5 Review of public uses for compliance with the comprehensive plan By Repealing But Moving Substance Into a New Section (old section number and name first, followed by new section number: Sec. 31.2.1 Permits required; conformance Sec. 31.2(part), Sec. 31.3(part) and Sec. 36.1(part) Sec. 31.2.3.3 Authority not to issue certificate of occupancy or zoning compliance clearance Sec. 31.3(part) and Sec. 31.4(part) Sec. 36.2 Notice of violation Sec. 36.2 Sec. 36.3 Remedies not exclusive Sec. 36.2 Sec. 36.4 Complaints regarding violations Sec. 36.2 Attachment C Chapter 18. Zoning Article I. General Provisions Sec. 3.1 Definitions Draft: 05/22/09 BuildinZ code _The_ em "huddin codelmeans. the.VkgW—I Tnorm Sta-tewac F3_u_iWhug--C –Q e.. ! !• !/ {' 11 • �_ • •"rll 11 { •" 11 l I" • ! 1• I Warem 1" •. rot ms OWINIUMM-M m- •/• W-1 • :•. #1 . ,1 r4 ! •:i •1 .11' 1" • • 1• •. .•t 1 t • r ►�• IR • r: 1 •11• { 1 1" • ! 1 ••' r. 1 " !II t" 'tit 1 tt/ 1 "•t {s i • E' �- r"1{. 1 !' • �t .1 t- • "Ilx ..1 •1 1' •.• IR1 R1! �.i - s - • •1- /' • -/1 4 {" •1{ •1 '• .4 • :•• •� 'f- 41{ 1" •!1 •1 R/ 41 t • 1•. •{ •!• •1 • R 1 ••' • Cole; The. Th Code f Nl b as the same be ended f effl time te time. WWRIMITA °111 11•e • • p• • • 14 1 • 1• • • 11{ • 1• 1 •1 R WIR •1 FIBIUMINJOINIIII We 1'r,. 1. 1 { 1 !RI t" •� • 1 • • I ( / I, • If "oil aim =I- • {.i <1 • 1 1" • t� 1 1• .•fl f R • RI• l.. • "• • .all 1 l• • 1,• 1 • 1�. •.' �_-- Draft: 05/22/09 • I• • _ Role !. ' !11• 1 1 1.• I _ 1 1 1 • • •1 1. 11 • 1 Article IV. Procedure Section 31. Administration; and Enforcement Sec. 31.1 AN 1' • 1 1 I 1 F 1 1 1' ! 11 1 M1WM11�T The Depai4fnent Health, hi addition, the zening adn-tittistfater- shall fflaintain the i!ening ffiap, and stieh fflap shall be kept euffen� and AuthoriLy. The zQning /fl 1 . • 1• hay_ all necessary authoriLy on behalf of 1- fi. • of 2---Ad Q1.R • 11• 1• t' ' ■f 1!. •t. }. }" }f -OuLanv ffa r• whethr buildina. C _ • ! I is nonc-wff=jag,,in• LwhQthe a Iptwgus minimum requirement5, • 1 / 1,! bringing • If, f .. } _ } 1 1 . : • • ! l 1 f 1 1 - • f • t .1 • / • ! "fi ° •/_ X11.. 1 1 • ' conclusiQns of law regarding • Enforcing I 1' • • V, of 1 1�• 1• 1" 1.11•" • !_ •}. •'R }} .1 ! • .qingle-fq !. _ y residential d—w-Qlling ugit, p !'R 1 '1 • -If -1 - ! 11• ..t 1 .•1 .! - .1! '•'C•1• 1 •� Draft: 05/22/09 building pennit ,i1 mu_ar guy other ,.i •r . • . ..• • . r b,__ Absence aLsgecific authority aat a limitation, The s"cific-authority ezxmssly aantcd�tbg_ aw" admjWstrator in other sections of i is chaptgx;5hau_put be construed to be a limitation • i the au 1• ■ • the •r ..rr 1 to a-duaiiiister and r • 1• • r jgQific autho ■ 1• " , t - :,i State law reference -Va. .• See. 31.1.1 1:..f„ „t board , is deeisions b of of eeffiplied w44, See. 31.1.2 Enfor-eement of minillnum requirements stating the Feasen why it is believed that a vielatien exists iii faet. Se ?�- . ............ ,1.1.3 er-pretatio efatag administrator -. b being guided in si however-, that afl 0 pr-evided See. 31.2 - Per - ..:t.. . ............ -. ... .. M_ IrTfirMs. - . . . Draft: 05/22/09 I M.MWIMANWITS 1 1' 1 11 ell : 11 I" ■1. {' ••If f • t, ! 1• t' 1 <•r 1 ■11 • 1 ■ e 1• • • • a, Reviaff—T wi-Listrator shal=yie-w—cacll-buildina pumit application to ensure that the to record of the site to be built upon unless nQ suQhplat.exists, in -W.Wch woih�applicant shall • • vide - a copy • 1 1 • 1 lled e r! •1 • 1" r 1 ,•• licant shall aLw- pZQvlde t e'11 1 /, 1" / !! 'R l ii{• • - Ik1 1 tIk! . { .{ {.1 I" •f. {• "jnjnjr,jj=LshaU rove the buadjay the pr,X11t. C, Circumstances-when building permit shall nQL4cj.g9 JuistratQrshall nol. uwrQ-v-Q NQ-bujJdin • 1"f• 1. r • r 1 • 1. • ■ r • groundwater aSsessmtnt under Albemarle 17-4QQ-u--atiLLht-A Q01-nPliQ�with Albew-ads--Couuty (Amended 2-5-05) •Y i0; Ord. 01-18(6 r • / "IM 1174 M4 / 1 •Il Wo M M I OW 1 I My t" 1701 M ■ 1• • • ,any othe�=Iirzablr. laws or any other provision of t&-Code to which the build' .. or structure wmild It •Iff r ■ s • 1' • )11 it apj2hqqdQn-shumld not be .•! ■ "d by t' • • { • i 1 04-18(4) adopted • ♦ effective i Sec. 31.3 Zoning 1' 11 The 1i i• erll 1 t ! 1. "! 1 1,_I_ • ! t • : #• _ t �l..'t buildiags Qz-,truQWM&fQzwhich a. building pemiit . • • . k 1 I 1 ° ■ cdjnW-ejAji " • 1 • 1 1 " re r 1" •! 1' •1.1 1 • • 1. each zo 1 .1!_r"f•1 !f I1 to -Qmure that the ■ • k' ,1 ■ 1 • t. !l !" • 1' ••11 1 • 1"If 1" ,r • t" .•■ •1 1 • • ► 1 • 11110 rolhis 1 •'. 1. 11 (Ito ktwwa M • 1 u.i ,• !• •1 ► RYA =I 104 U blololff(ol"Mu ll. '► ► •• . ►• 1 ••► ► ► ••1 lie • • •11• ► it • • ►► !' _ .► • . _► •► _ 1_ • :_ ----- - ...... 94i qjf,'A,4jpR4ey4G@ Uf C G G • S! ., 94i qjf,'A,4jpR4ey4G@ Uf C G G • S! d .ties We ••• •i • • ►►•• 60 /ZZ /SO :49-1Q Draft: 05/22/09 • 1 " t , 1 • • ! t • • heatth mid safety, sue 1 as fire hydrants and sak a f !t f 't i r_ •.i t ! �—=hLQL�Cty-pliqr to full t • f 1 . f• •r1 r• 1 • • ..1! •t• •r -• •rr t- Ift- er 1' .11• • -r1'r t 1 •1- ■ t 1- rl 1 • ••• • 1 1" 1s 1. 11.4 le ct r • • (5 31.2.3.1, 12- 10 -80, 6 -2 -82, 9 -9 -92; Ord. 01- 18(6), 10 -3 -01) �__ ,/ 1/ '_ i �_ .• � • /t r /' .'1 1` it 1! ,al 1 • 1• •r - • • 1:1 t f- • •. •• ti •1 - Meg r • • M P I I t.r 1• • 1 • r 1• r. 1: r • 1 -. 1 r _ •. ! • r' a r` 1• • f `/ . / !t 1° ` t .t CIA R . M . .j NJ r • . •f .. 1 t ► • • 1• r. :1 • 1' .•• et _ • .1 • to ■ ! rl • 1" •1' • 1 i ! . 1• • ••' 1• See. 31.2.3.2 Zoning eemplinnee elear-anee It .� t i t • l t S• _ • T • T • T • ate! 7 ' t. T I i t � 7r�� r. Z [ � �T I ��\ Sec. 31.5 Zoning. clearance 1. 1V za uir Pda to.eslablishig,.,-,NL c -Q=cial_Qki>du, ia_1_use on.a-aw, Draft: 05/22/09 Cbange or intensi.6 qIiqn.o g=,yse. •r• changing or / `1. • t• a 1• • m Wercial rindusw,"s nt, Prior to a ne V GiQQ ant taking nos of an existing non-resick-itil • A 0WIMPA VIM .1 t •1 t• <t ! 1 .le • b. Annromi. If the nroyost dbl►i,ldine_ structure T im►2rovements - and.siICIA ad- 1he_Maose"s then comply with this h en. the_zanin unistrator shall issue the_zal ag=- d earaace, C. CircumstanCe—a'h e,. ran rance shall not be issued. The zoning administrator shall not issue a z4nin� clearance iL after reyie Qf my site, the zoning administra=- de at a itional impnave�nents.ar�ecean t� nu lip hetlt�►1 °,safety, regardless of whether the improvements are shown -on the is to. (Added 9 -9 -92; Amended 10 -3 -01) (§ 31.2.3.3, 9 -9 -92; Ord. 01- 18(6), 10 -3 -01 CL : Comma cd. For �c?f_ hisecticm1 .4.�rssluciox?culx�lre�s _ in_dustrial use- and a homie occupatiQn class A-QEclasss B is a commercial use (Added 9 -9 -92; Amended 10 -3 -01) e—,F&ct ofmaumbe - 'and reramiu_ng Any other section of this chapter that refers to section 31.23.2 or to a_zoniae eoxlmgliance clearance ahaUILe is med to be a reference to section 31.4 o clearance. _..�_._ (§ 31.2.3.2, 9 -9 -92; Ord. 01- 18(6), 10 -3 -01) See. 31.2.3.3 Author-ky not to issue eer-tifiente of oeetipaney or- zoning eomplianee eleara Netwithstanding seetiens 31.2.3.1 and 31.2.3.2, nothing eantained hefein shall be deeffied te ebligate the b b b publie health ef safety,v�,hethef er not the ifflpfavemeiits are shown efi the appfeved site plafi. (Added 9 9 n .needed 10 3 n 1) (§ 31.2.3.3, n n 92; Ofd 01 18(6) i r Sec. 31.2.4 31S Special use permits Sec. 31.2.4.131.6.1 Reserved to board of supervisors The board of supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a fmding by the board of supervisors that such use will not be of substantial detriment to adjacent property, that the character of the district will not be changed thereby and that such use will be in harmony with the purpose and intent of this ordinance, with the uses permitted by right in the district, with additional regulations provided in section 54-ef this e fdineai °, and with the public health, safety and general welfare. Sec. 34..4 .2 31.6.2 Application Application for a special use permit shall be made by the filing thereof by the owner or contract purchaser of the subject property with the zoning administrator, together with a fee as set forth in section 35.0 of this or -dinar Draft: 05/22/09 No such permit shall be issued unless the board of supervisors shall have referred the application therefor to the commission for its recommendations. Failure of the commission to report within ninety (90) days after the first meeting of the commission after the application has been referred to the commission shall be deemed a recommendation of approval. Provided, however, any day between the date an applicant requests or consents to a deferral or continuance of the consideration of the application by the commission until the date of the deferred or continued hearing by the commission shall not be counted in computing the ninety (90) day review period. The board of supervisors may extend the review period upon a request by the commission. The board of supervisors shall act upon such application and render a decision within a reasonable time period. No such permit shall be issued except after notice and hearing as provided by seeti .r 15.2 2204 of the Code an Virginia Code ��4 and section 33.8 of this chap Dnc r,,.Tr OF PROPERTY. (Amended 5 -5 -82; 6- 19-96) Sec. 31.2.4.2.1 Limitation of filing new appliention after original deniM a. Liwitation_affiling new application after or Upon denial by the board of supervisors of any application filed pursuant to section 31.2.4.2 3L6-2 above, substantially the same petition shall not be reconsidered within twelve (12) months of the date of denial. (Added 6- 19 -96) Sec. 31.2.4.2.2 Withdrawal of petitie b. With a'rawal_of petition. An application shall be withdrawn, or be deemed to be withdrawn, as provided herein: (Added 10 -3 -01) aj. An application filed pursuant to section 31.2.42 31,6,2 above may be withdrawn upon written request by the applicant. The written request must be received by the body considering the application prior to it beginning consideration of the matter on the meeting agenda. Upon receipt of the request for withdrawal, processing of the application shall cease without further action by the commission or the board. Substantially the same application shall not be reconsidered within twelve (12) months of the date of the withdrawal unless the body considering the application at the time of withdrawal specifies that the time limitation shalt not apply. (Added 6- 19 -96; Amended 10 -3 -01) b2. If the applicant requests that further processing or formal action on the application be indefinitely deferred, the application shall be deemed to have been voluntarily withdrawn by the applicant if the commission or the board does not take action on the application within twelve (12) months after the date the deferral was requested. Upon written request received by the director of planning and ifiit . deve'epm°i' before the application is deemed to be withdrawn, the director may grant one extension of the deferral period for a period determined to be reasonable, taking into consideration the size or nature of the proposed use, the complexity of the review, and the laws in effect at the time the request for extension is made. (Added 10 -3- 01) (§ 31.2.4.2.2, 6- 19 -96; Ord. 01- 18(6), 10 -3 -01) Sec. 31.2.4.3 31.6.3 Conditions The board of supervisors may impose upon any such permit such conditions relating to the use for which such permit is granted as it may deem necessary in the public interest and may require a bond with surety or other approved security to ensure that the conditions so imposed shall be complied with. SHA T X conditions shall relate to the purposes of this ordinance, including, but not limited to, the prevention of smoke, dust, noise, traffic congestion, flood and/or other hazardous, deleterious or otherwise undesirable substance or condition; the provision of adequate police and fire protection, transportation, water, sewerage, drainage, recreation, 9 Draft: 05/22/09 landscaping and/or screening or buffering; the establishment of special requirements relating to the building setbacks, front, side and rear yards, off - street parking, ingress and egress, hours of operation, outside storage of materials, duration and intensity of use, building height and/or other particular aspects of occupancy or use. Except as the board of supervisors may otherwise specifically provide in a particular case, any condition imposed under the authority of this section shall be deemed to be essential to and nonseverable from the issuance of the permit itself. (Amended 10 -3 -01) (§ 31.2.4.3, 12- 10 -80; Ord. 01- 18(6), 10 -3 -01) Sec. 34.2.4.4 31.6.4 Revocation Any special use permit issued pursuant to this chapter may be revoked by the board of supervisors, after notice and hearing pursuant to Virginia Code § 15.2 -2204, for willful noncompliance with this chapter or any conditions imposed under the authority of section 31.2.4.3 31.6.3. If the use, structure or activity for which a special use permit is issued is not commenced within twenty -four (24) months after the permit is issued, the permit shall be deemed abandoned and the authority granted thereunder shall thereupon terminate. For purposes of this section, if the use authorized by the permit requires the construction of one or more structures, the term "commenced" means starting the lawful physical construction of any structure necessary to the use authorized by the permit within twenty -four (24) months after the permit is issued. The board of supervisors may, as a condition of approval, impose an alternative period in which to commence the use, structure or activity as may be reasonable in a particular case. A determination that a permittee has commenced a use, structure or activity under this section is not a determination that the permittee has acquired a vested right under Virginia Code § 15.2 -2307. (Amended 10 -3 -01) (§ 31.2.4.4, 12- 10 -80; Ord. 01- 18(6), 10 -3 -01) building See. 31.2.5 ReAew of publie uses for eomphanee -with the eomprehensive p b plan ef: paf:t thereof-. L�t eefffieetien with any stteh detefffi-iiiation, the ee ssien ffiay establish sueh eanditie , o b be submitted f6f approval, but b> b ehange ifi 1,. at: ° xte fit of a street er 'cbli i ui eu. The b netwithstaiiding, the pfevisiens ef seetien 15.2 2232 E)f the Gede shall apply to any sueh fevi Sec. 34.3 Appeal to the board of zoning appeals Appeal te the beafd b appeals aggfieved of by any , filing vvithin thit4y (130) days after- the deeision appealed f+effi by b b b appealed ffeffi was taken. Aii appeal shall stay all pFeeeedings in fffl4heFafiee ef the aetieii appealed fFE)ffi ttFAess- stay wetild ifi his apinjen ea-se nent per-il to life ef prepei4y, in A,Neh ease pr-oeeedifigs shall net be stayed ethef,wise than by a b b b b geed eatise shown. 10 Draft: 05/22/09 :► ,■f , 1" r•.,,• •l t• .••'. /Ie f ■ 1 e •Jf ■ + . •t • - a Rv f 18 • . • f 91114 • 1 ' • i • I _ 1 ! • 1 • 1 " • 1 • . t 1 1 t t { it • 1 ' _� tl 1 1 11 •. !" `lII.1•. 11 • 1' .' al u,t- • .1 { 1" !f.t1 1 • t!CcL, ,1 Zed herein Time f ") shall be, fjjQd wjd�n thirty (30) days after the • .• Qd apphe$. • /' I, !, I/ I I,/ 1 f/" r. • • 1 1" •1 1• _arl 1 • and 1 1" .! 11 • !' ••. t • •1 1• ••f e•1 •! t• • 4 .f•1 ! 1 1 s •! appealed-am was taken. d. Stay otvroceedingj.��,eal shall stay all proceedings ia funherance of the action appealed from ufflegs the zoning adminL,,,LaWLcWifies to the boMdQ��appg& that by reasoa_Q�=ed in t' r a. t f e■ 1 • -imminent purij LQ • • {• f _ in I 1 umc=dings shalLuoLbt-s 4 • r "r I 1 • f. �• • !I. • . 1' ■ {. • r II 1• :•• • rt of • on application and on notice • the muin2 administrator_a1� •••t State law reference - Va. /. .. Article V. Violation and penalty Sec. 36.1 Violations —geuer-almlT The followin- �1_:s chapter and are d • f • !. 1!1 • ' 11' and, s . • 1. 1 f f t { • • . a •I • .1 ■ • !f.JLL5 chapter or any apWQi,,ej1_app1iQaLiQu ■ _1 site ■ it a■ of d " ■11 -1 . 1 1 f.l .1• • __1d_gJ this laa f ( I II I.. .!. sl R!1 • _1 1. - • -• •.1e_ -4 •■' -■ maintained 1' violation Qf any provision a 1 I. f _ • _ n . •f { "I : 1■ •f / t c.1 ■' • ■ - ! / 1 - / • ! 1 • ■ " • I a l l • •_ .1. " or • I t • r - • - d or tl I■ 1 - • 1 { / i IiQnwith d or altered without a-building-p=21-L 11 Draft: 05/22/09 certificate of occupaneyv is that is conducted, operated or maintained without a certificate of (Subsection c: § 31.2.1, 12- 10 -80; Ord. 01- 18(6), 10 -3 -01; subsection d: § 31.2.3.1, 12- 10 -80, 6 -2 -82, 9 -9 -92; Ord. 01- 18(6), 10- 3 -01)) Upeft be68--ing aiiy violation of any pfevisions of this efdifianee, the zoning adffiinistfatof shall se- b Hfip,44ing ,.tion as , be fieeessafy to tefii: i fiate the violation. See. 36.4 Complaints regarding Aolations 1 .2 Enforctment < Invagiggliam U2 QA t r • 11 R f -• _ 1 1 • . f" 1 e f /" 1 • 'i 1' zoniug a rhisd 'hall •f!. .f investigation. • on warra ! ts / t I I, i 1' 01 •.,/1/ •. a 4• • •1• "• • -4 4 - search . s.1 .1 "1 ► 1 Qr a11►" . ■ s i f 12rovided • • f a a "- t I r • 1 a■ e f • f .. ■ r 1• • • FI R • his agent slialmaU-a ffei •• 1 cons-ent from the owner or f.!1 • 1 [. wpr,=n or search-, c- Sub "rson ••. +"• • 1•!• 1 / e 1 1 of this-chutQr that 11 pogggluIppa in s 1 1 Uwl-and.after a •• {4 faith effort or 1 1F4• •• 1_ r to detemidne whether violati •1 1�_ • f _ of 1' • 1 ty attomey petitign LhtJudge of /_' 1- .. district courLiEbLa-aubpoQua-duces ..11 againSLAU ►t !" "114 t" la { ation of 1 1•i notice • •1 f • { !" •° / committing elf. i r "/1 /• - • •1 the {1 1! .• ! 1 { determines j• • . i • y=iL 1 •1 • alleged stating b ' d b 1 .2 Enforctment < Invagiggliam U2 QA t r • 11 R f -• _ 1 1 • . f" 1 e f /" 1 • 'i 1' zoniug a rhisd 'hall •f!. .f investigation. • on warra ! ts / t I I, i 1' 01 •.,/1/ •. a 4• • •1• "• • -4 4 - search . s.1 .1 "1 ► 1 Qr a11►" . ■ s i f 12rovided • • f a a "- t I r • 1 a■ e f • f .. ■ r 1• • • FI R • his agent slialmaU-a ffei •• 1 cons-ent from the owner or f.!1 • 1 [. wpr,=n or search-, c- Sub "rson ••. +"• • 1•!• 1 / e 1 1 of this-chutQr that 11 pogggluIppa in s 1 1 Uwl-and.after a •• {4 faith effort or 1 1F4• •• 1_ r to detemidne whether violati •1 1�_ • f _ of 1' • 1 ty attomey petitign LhtJudge of /_' 1- .. district courLiEbLa-aubpoQua-duces ..11 againSLAU ►t !" "114 t" la { ation of 1 1•i notice • •1 f • { !" •° / committing elf. i r "/1 /• - • •1 the {1 1! .• ! 1 { determines j• • . i • y=iL 1 •1 • Draft: 05/22/09 i MTHA t.' 1 1 1• tt 1" f. ♦ I' fr 1- �• 1- �- e1. � -1�-1 r •u - - . - ti 1" a- •1 1 •- ! li 1 •" el 1! •; li la .rsPJOr-elKwwj 1• I " INIPPI&MMISM14 • f1 _! I 1 I t! f • 4 1 s -• -f • '• -r HS • •• "1 f' - ..1 ■ 1. ee - 1 1' 1�•! "■ t 1" i♦ 1 e1 !' t'1 1 1 •••. a _ s. 11'1 • • ti i ' / ' � 1 1 ' " 1 • - 11 - 1 • . • - 1 " e 1 1 • . t ti 1 • U . t t / - /1 " t t le■ • • 1 11 r • a �'� 1 tl • • a I .a1 Wel I 1 I P I F I I '1 1" - "1 ! 1 �-� - 1.. sA• !. r" 1 s•• t f s1 "11 "t 1 •'1: 1 1.• ! f •°• 1 1 r f" 1 �sl t• ! tl! 1 sl• 1•. loullil 1. 1 l{ • •1 • 1 t" s 1• s1" r° 1 1.► fi -� 1' f 1• SIAt 1 e 1: 1" • 1•• 1 IIz� 1 i • 1 a • - • 1° • •. t• s•11 s • • / a'� / • 1/ / //. / `d /' / / / / / /Id i .' � 111 •1 ♦ •1 t t t tl I.If.11 1 f• f f /s 1" Is1 R-M-1t' r r t si e.s 14 1 f .•1 a E f •'•,° "t ,1' .IE• 1 t 1- t:11s •- 1• 111• "a t 1" • .•1�— 1- fl 1 -i • 1 s f R fl " 1 1 1- !- f fl •' f• 1 • 1 1' ■• t • f t" t It a" fl f•1 f • .ft .If fs s 1{Ae._ e.•1 +�fl •1 • •.�• 1 - -- 1" !If .• 11 !1 1' 1 uu•1 S11 •'!4 • - 1,11 -f E• 11 !1 .er els 1 el r• •It 1' s1 • •a' ITITMIMoMMI ♦t 11 • • - '1 ■If f. 1 • -fl -. 1 'Ir- t r � - / � 'If I ! '/ /• I '/ � /.1 /' is 1 •., A . ■!• • 1 1 t e 1t • _ 1� • - 1 -a:. s • -f. - • 1 .11� - 1�f '� 1 s/ l• iIE ..1t- ••' - � fit / is. "1 tf ftf lil •1 a -t Is •' r I'1 1111•.r-a • �./ • tl • 1 La. Its • •s +" a-Is r llt, 1• .1 .t•'s s1 r t' •1 t 1 ■ • • H. • 1 1 °•srtl 1 • A a • 1 t, "_I • e- 1 • • : a' I) g • K- 1 41 ;lN7dl 19 1_ 1I 13 Draft: 05/22/09 WfIr !/ !fl it Ia If •" •- - {I -f •11 1. al tl •1 • • !' •1 1. •-! 1 •• E• 1• l' ! 11 f . 11 1. •1 11 • .1 l�•lf ' / /! I / i • •1 -p • -! f (" f1 . b. •.1 •If ANFINIq7F e �.1.! 1 f :il 170JU IROJIMPRIM911 ! 1 b • •' b A_._•'_. al. •1 1. • .!- 1' f • •1 • I ON •. • KIR Eel 1 a •ill 1 "410 1 -1 '!1i. • {.I 1! 1 / ! // ['[ f1 • 1! 1• •' • •. 1 • • i 1' 11 •a a1 • •'1. ARM 0 (§ 37.2; Ord. 00- 18(5), 6- 14 -00; Ord. 02- 18(3), 2- 13 -02; Ord. 05- 18(3), 3- 16 -05; Ord. 06- 18(1), 7- 05 -06) State law reference — Va. Code § 15.2 -2209. Sec. 36.4 Criminal penalties R14 IN 1 la #1 #1 If Ilfl .•• -•. -v l'1, l • •"l 1 - •1 • 1• 1 - -1 -. 1 -! :A• 1• •1 1 • el 1 •t l 1 1.f t f "t 1.• • • • "111 /- •�•J -1 1• •-•11 •1 {a {- • -1•:!" 1 1" • _ 1• • • {• /.•1 • 1• 1' • {• - l" f! 1. ••11 -� • 1 •1 .� 1 • 1• RI 1 • 1 1•• L as provided 1 sectmu3b 1 • �jubiect to Vig=WUg 1� The e by a fine o 1�oalhauAcn dollars (%10,00) nor more than-Qne-tliousand dollars ft 1 - .f 1 , 1/- • -M•p - • 1'• l- tl -. If ! ff': • •I "[ - •1. •. • 1- • 1 - p -1 f• 1 1 1• u• el 1 I r• •• 1 ! 1 f.•1!� _AM • '1 • *-got 1, 1 111111m +J• . - 1{ • ` 111 • • a - -i• - • 1 1 1 f t I• • • • 1-7orL 14v upf 1-7o . 1 a Ia IM • 1 {• f a• li li rt Ila 1.1 1 la If 1_{ • •• 1 11 •.i .. - . f- s • _1 ! ,• 111 11 - • •., - f • !1 . f / l •' -• fl- • - /•• •' •,[ .1 • �- • ,1 - 1•, •1• Ef 111 1 sl! I I 1 •,f - t f i is a•e / f • 1" • f-1 ".• 9x!'1 f ••_ li I l " l • • / / f -. 1 1 - • ` 1 • " 1 • . 1 ' • . . • 1 • 11 If ' 1 " • • 1 • { - • 1,• 1• • -1 • 1" ! a I• .1 •• 1 1 1 • 11 1• - <1 • • ! • {• •f 1 • R • • • a l . 1 • • " 1.11 • f • " • t " • 1 1 1 • IR - • - 1 - 1 I 11SUP WRBIMMI- Us] I I M 1.2 9xvNINKI I ELI •1 14 Draft: 05/22/09 (§ 37.1; Ord. 00- 18(5), 6- 14 -00) State law reference - Va. Code § 15.2- 2286(A)(5). Sec. 36.5 Injunctive relief and other remedies Ann�ioiation of this Ater may be strain c i e Led, cz7: abated. as hie.; lze_l�y iu c or �i�er annronriate relief. (§ 37.3; Ord. 00- 18(5), 6- 14 -00) State law reference - Va. Code § 15.2 -2208. 15 RIM 01 Mill, 15 - - W. - - MI 15 Draft: 05/22/09 I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to as recorded below, at a regular meeting held on Aye Nay Mr. Boyd Mr. Dorrier Ms. Mallek Mr. Rooker Mr. Slutzky Ms. Thomas 16 Clerk, Board of County Supervisors W III ._ I-WAWATAIWA75". III I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to as recorded below, at a regular meeting held on Aye Nay Mr. Boyd Mr. Dorrier Ms. Mallek Mr. Rooker Mr. Slutzky Ms. Thomas 16 Clerk, Board of County Supervisors