HomeMy WebLinkAboutZTA200900005 Legacy Document 2010-05-28 (2)Draft: 06/10/09
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 Designation of zoning administrator; authority
Sec. 36.1 Violations general!
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 eemplianee 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
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)
By Repealing But Moving Substance Into a New Section (old section number and name first, followed by
new section number:
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
Sec. 31.6(part)
Sec. 31.2.5
Review of public uses for eemplianee
Sec. 31.7
features to determine substantial accord
with the comprehensive plan
Sec. 37.1
Criminal penaltyies
Sec. 36.4
Sec. 37.2
Civil penaltyies
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)
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. 31.2.3.3
Authority not to issue certificate of
occupancy or zoning compliance
clearance
Sec. 36.2
Notice of violation
Sec. 36.3
Remedies not exclusive
Sec. 31.2(part), Sec. 31.3(part) and Sec. 36.1(part)
Sec. 31.3(part) and Sec. 31.4(part)
Sec. 36.2
Sec. 36.2
Sec. 36.4 Complaints regarding violations Sec. 36.2
Chapter 18. Zoning
Article I. General Provisions
Sec. 3.1 Definitions
Draft: 06/10/09
Building code: The term "building code" means the Virginia Uniform Statewide Building
Building permit: The term "building permit" means a permit issued by the building official under the building
code that is subiect to the fees stated in Albemarle County Code § 5 -201.
Certificate of occupancy: 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 certify t
building or structure is in compliance with the building code and this chapter.
Chapter. this: The term "this chanter" means chanter 18 of the Albemarle County Code, also known as the
Albemarle County zoning ordinance, and all applicable proffers, special use permits and their conditions.
certificates of appropriateness and their conditions, variances and their conditions, application plans, codes of
development, site plans, zoning compliance clearances, waivers, modifications and variations and their
conditions, and all other approvals and their conditions authorized by this chanter.
Site. The term "site" means one or more lots, or any part thereof, including one or more lots shown on a
subdivision plat, site plan, or application plan. References in this chapter to "premises." "land." "lands." "lots"
or "parcels" are to a site.
Virginia Code. The term "Virginia Code" means the Code of Virginia. 1950, as amended, including the latest
edition or supplement unless otherwise indicated. References in this chapter to the "Code of Virginia" and the
"Code" are to the Virginia Code.
Zoning administrator: The term "zoning administrator" means the officer designated to administer and enforce
this chanter, or his or her desigee
Draft: 06/10/09
Zoning clearance: The term "zoning clearance" means a written determination by the zoning administrator that
a proposed use or structure complies with this chapter. References in this chapter to "zoning ompliance
clearance" are to a zoning clearance.
Article IV. Procedure
Section 31. Administration, and Enforcement
Sec. 31.1 Designation of zoning administrator: authority
This or-dinanee shall be adivAnister-ed and enfor-eed by an offieer- to be known as the zoning adaiinistf4er- who
shall be appointed by the boafd of supefviser-s of Albefnaf4e County, Vir-ginia. The zoning administFatEW s
have all neeessai-7y auther-ity en behalf of the board of superwisef:s to adfpAnistef: and enfor-ee the zoning
efdinanee, ineluding the or-der-ing in writing of the r-emedying of any eendifien found in violation of this
efdinanee and the bringing of lega4 aefien to ensure eofflpfianee with this or-dinanee, ineluding Albemafle County pursuant to theif: f:espee6ve fields,
in addition, the zoning adfninistFater- sha4l maintain the zoning fnap, and sueh map sha4l be kept eufFew and sha4l
r-efleet amendments as soon as pmetieable after- adop6en by the b0ar-d Of SUpefViser-S.
,
The 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 chanter and the official zoning-m=
2. Administering this chanter by making determinations and decisions on anv matters arisin
under this chanter, including but not limited to, how a building, structure or use should be
classified, whether a use is permitted within a particular zoning district, whether a proposed
building or structure complies with setback, height, bulk and other requirements, whether a
building, structure, use or lot is nonconforming, and whether a lot meets minimum lot size
requirements.
3. Ordering in writing the remedying of any use or structure determined to be in violation of this
chi
4. Insuring compliance with this chapter, bringing legal action, including an action for injunction,
abatement, civil penalties or other appropriate action or proceeding subject to anneal as
provided by Virginia Code § 15.2 -2311 and this chapter;
5. In specific cases, making igs of fact and, with concurrence of the county attorney,
conclusions of law regarding determinations of rights under Virginia Code §§ 15.2 -2307 and
15.2- 2311(C):
6. Enforcing the provisions of this chapter regulating the number of persons permitted to occupy a
single- family residential dwelling �nit.provided such enforcement is in compliance with
applicable local, state and federal fair housing laws; and
Draft: 06/10/09
7. Making decisions and determinations as to whether a pending site plan, subdivision plat,
building permit application or any other application subject to review and approval by the
county or the program authority complies with this chapter.
b. Absence of specific authority not a limitation. The specific authority expressly granted to the zoning
administrator in other sections of this chapter shall not be construed to be a limitation on the authority of
the zoning administrator to administer and enforce those sections where specific authori ty is not
expressed.
State law reference – Va. Code § 15.2- 2286(A)(4), (14).
[� ►T.�e�i iii
Oil— II
Draft: 06/10/09
shall be issued to the applieant by the zening admiaistr-ateF. One (1) eopy of the dfawifig shall be fettifned to the
appheant with the peffnit.
Sec. 31.2 Building permit applications
The zoning administrator shall review building permit applications submitted to the building official as follows:
a. Review. The zoning administrator shall review each building permit application to ensure that the
proposed building or structure complies with this chapter. Each applicant shall provide two (2) copies
of the building plans, two (2) copies of the approved site plan if applicable, and a copy of the most
recent plat of record of the site to be built upon unless no such plat exists, in which case the applicant
shall provide a copy of the most recent deed description of the land. Each applicant shall also provide
any other information the zoning administrator deems necessary to review the application.
b. Approval. If the proposed building or structure and stated use comply with this chapter, the zoning
administrator shall approve the building permit 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 building or structure for which a site plan is required
unless and until the site plan has been approved.
2. No building= permit 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 -05)
3. No building permit shall be approved in violation of any provision of this chapter. (Amended
10 -3 -01) (§ 31.2.1, 12- 10 -80; Ord. 01-18(6),10-3-01)
d. Other information for building official. The zoning administrator shall inform the building official of
any 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.
(§ 31.2.2, 12- 10 -80; Ord. 04- 18(4), adopted 12 -8 -04, effective 2 -8 -05)
Sec. 31.3 Zoning permits
The zoning administrator shall review requests for zoning permits for those buildings and structures not required
to file a building permit application, as follows:
a. When required. Prior to starting, establishing, constructing, reconstructing, enlarging or altering any
buildings 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 review each zoning permit application to ensure that the
proposed 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 provide a copy of the most recent deed description of the land. Each applicant shall also
provide any other information the zoning administrator deems necessary to review the application.
Draft: 06/10/09
C. Approval. If the proposed building or structure and stated use comply with this chanter, the zoning
administrator shall approve the zoning permit application.
See. 31.2.3 Cer-tifleates of oeeupaney; zoning eomplianee elear-anee (Amended 9 9 92; 10 3 01)
See. 31.2.3.1 Cer-tifleate of oeeupaney
It shall be uniawful to use or- pefffiit the use of any stfueWfe or- pr-emises, eF pai4 thereof-, her-eafteF ,
tdie4ing eewpletion of the work for- whieh a per-mit was issued, is issued thefefer- by the '�Oniflg
or- alter-4ion to a stmetiir-e for- whieh a eei4ifieate of oeetipaney has a4r-eady been issued. The eer-tifieate shall
show that the stfuetur-e. p :t thereof-, and the proposed use thereof-, is in eenfer-mity with the
pr-ovisions of "s ehapter-.�A-Mmeqidde�d 1-00 -1 0-11)
When stfueter-es are eempleted and ready for- oeetipaney p6of to the eompletion of A improvements r-equir-ed by
the site plan, and the zoning adwAnistf4or- deteffrAnes th4 the site may be oeeupied eensistendy with the pu
health, safety and welfaf°: (Amended in 3 ni
Sec. 31.4 Certificates of occu a�nc
The zoning administrator shall review certificates of occunancv submitted to the building official as follows:
a. Review. Prior to issuance of a certificate of occunancv. the zonine administrator shall review the
certificate to ensure that the building, structure and improvements comply with this chapter.
b. Approval. If the proposed building, structure and improvements, and the proposed use thereof, comply
with this chapter, the zoning administrator shall issue the certificate of occupancy. The final zoning
inspection approval or aoorovals may serve as evidence of the zoninE administrator's aooroval of the
certificate of occupancy for any addition or alteration to a building or structure for which a certificate of
occupancy has previously been issued or is not required under the building code.
C. Certificate of occupancy where improvements not completed. Upon the request of a developer, the
zoning administrator may pprove a certificate of occupancy where the buildings or structures shown on
OWNIN 'M
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Sec. 31.4 Certificates of occu a�nc
The zoning administrator shall review certificates of occunancv submitted to the building official as follows:
a. Review. Prior to issuance of a certificate of occunancv. the zonine administrator shall review the
certificate to ensure that the building, structure and improvements comply with this chapter.
b. Approval. If the proposed building, structure and improvements, and the proposed use thereof, comply
with this chapter, the zoning administrator shall issue the certificate of occupancy. The final zoning
inspection approval or aoorovals may serve as evidence of the zoninE administrator's aooroval of the
certificate of occupancy for any addition or alteration to a building or structure for which a certificate of
occupancy has previously been issued or is not required under the building code.
C. Certificate of occupancy where improvements not completed. Upon the request of a developer, the
zoning administrator may pprove a certificate of occupancy where the buildings or structures shown on
Draft: 06/10/09
a site plan are completed in compliance with the building code and this chanter before all improvements
required by the site plan are completed, as follows:
1. Reauired findings. The zoning administrator may approve a certificate of occupancv 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 (iil
the site may be occupied without endangering life or public health or safety prior to full
completion of the improvements required 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 form of
surety, all of which shall be in a form satisfactory to the county attorney, 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 demonstrates that an extension is required
because of adverse weather conditions or other unusual 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), 10 -3 -01)
d. Circumstances when certificate of occupancy shall not be issued. The zoning administrator shall not
issue a certificate of occupancy in the following circumstances:
1. No certificate of occupancy shall be issued in violation of this chapter. (Amended 10-3-011-(-§
31.2.1. 12- 10 -80: Ord. 01-18(6), 10-3-01
2. No certificate of occupancy shall be issued if, 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 -01) (§ 31.2.3.3.9 -9 -92: Ord. 01- 18(6). 10 -3 -01)
e. Other information for building official. The zoning administrator shall inform the building official of
any other applicable laws or any other provision of the Code to which the building or structure does not
comply and, therefore, a certificate of occupancy should not be issued by the building official.
See. 31.2.3.2 Zoning eomplianee elear-ane
An oeeupa-at sha4l obtain a zoning eomplianee eleafanee f-Fom the zoning administfa4er- when: (1) a new
�,; use eemply with
shall be issued only if the zoning administr-4oF detefffiines that the s4zuetufe E)FpFe
industfiA use; a heme eeetipafion is a eeffffner-eial use. (Added 9 9 92; Amended 10 3 01)
(§ 31.2.3.2, n n m. Ord. ni 19(6) 10 3-04p
Sec. 31.5 Zoning clearance
The zoning administrator shall review requests for zoning clearances as follows:
a. When required. A zoning clearance shall be required in the following circumstances:
1. New use. Prior to establishing a new non - residential, other than an agricultural, use.
Draft: 06/10/09
2. Change or intensification of existing use. Prior to change or intensifying an existing non-
residential, other than an agricultural, use.
3. Change of occupant. Prior to a new occupant taking-possession of an existing non - residential,
other than an agricultural. use.
4. Specific buildings, structures or uses. Prior to establishing any building, structure or use for
which a zoning clearance is required under section 5.
b. Approval. If the proposed building, structure, improvements, and site, and the proposed use thereof,
comply with this chanter, the zoning administrator shall issue the zoning clearance.
C. Circumstance when zoning clearance shall not be issued. The zoning administrator shall not issue a
zoning clearance if, after review of any 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 -01) (§ 31.2.3.3, 9 -9 -92; Ord.
01- 18(6), 10 -3 -01
d. Commercial and industrial uses defined. For the purposes of this section 31.4, production agriculture is
not a commercial or industrial use, and a home occupation, class A or class B, is a commercial use.
(Added 9 -9 -92; Amended 10 -3 -01)
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 reference to section 31.4 or a zoning
clearance.
(§ 31.2.3.2, 9 -9 -92; Ord. 01- 18(6), 10 -3 -01)
Sec. 331..4 3JA Special use permits
Sec. 331.2.4.4 31.6.1 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 finding 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 5-.0-ef
this er-dinanee, and with the public health, safety and general welfare.
Sec. 31.2.4.2 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 o.,a;.,,,ne
8
- -
.. r ...
Sec. 331..4 3JA Special use permits
Sec. 331.2.4.4 31.6.1 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 finding 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 5-.0-ef
this er-dinanee, and with the public health, safety and general welfare.
Sec. 31.2.4.2 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 o.,a;.,,,ne
8
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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 seet on 15.2 2204 of the Code an
Virginia Code § 15.2 -2204 and section 33.8 of this chapter 14121 Tr_ OF PROPERTY. (Amended 5 -5 -82; 6-
19-96)
Sec. 31.2.4.2.1 Limitation of filing r plieatio n .,4'+er original ae„n is
a. Limitation of, filing new application after original denial. Upon denial by the board of supervisors of
any application filed pursuant to section 34.2.4.2 31.6.2 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 WithdFaWal of petitio
b. Withdrawal of petition. An application shall be withdrawn, or be deemed to be withdrawn, as provided
herein: (Added 10 -3 -01)
al. An application filed pursuant to section 34.2.42 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 shall not
apply. (Added 6- 19 -96; Amended 10 -3 -01)
K. 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 eeniffmnity developme 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. Sueh The 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,
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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. 34.4 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 3443 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)
Sec. 31.2.5 3L7_ Review of public features to determine substantial accord with the
comprehensive plan
The foregoing notwithstanding, the pr-evisions of seetion 15.2 2232 Of the Cede shall apply to any sueh r-evi
If a public facility subject to Virginia Code § 15.2 -2232 is not already shown on the comprehensive plan, the
commission shall determine whether the location character and extent of the public facility subject is in
substantial accord with the comprehensive plan as provided by Virginia Code § 15.2 -2232.
Sec. 34.3 Appeal to the board of zoning appeals
Appea4 to the beafd be taken by
by
of zening appeals may any per-son aggrieved
or- any effieer-, ,
thiAy (30) days the deeision 4E)m by f4ling the
within aftef appea4ed with zoning
board the thereof.
admiaist-Fa4ef:, and with
The
of zoning appea4s, a notiee of appea4 speeifying grounds
10.0 W'119
fei4hwith tfansfnit to the board the
the the
The foregoing notwithstanding, the pr-evisions of seetion 15.2 2232 Of the Cede shall apply to any sueh r-evi
If a public facility subject to Virginia Code § 15.2 -2232 is not already shown on the comprehensive plan, the
commission shall determine whether the location character and extent of the public facility subject is in
substantial accord with the comprehensive plan as provided by Virginia Code § 15.2 -2232.
Sec. 34.3 Appeal to the board of zoning appeals
Appea4 to the beafd be taken by
by
of zening appeals may any per-son aggrieved
or- any effieer-, ,
thiAy (30) days the deeision 4E)m by f4ling the
within aftef appea4ed with zoning
board the thereof.
admiaist-Fa4ef:, and with
The
of zoning appea4s, a notiee of appea4 speeifying grounds
zoning administfater- sha4l
fei4hwith tfansfnit to the board the
the the
of zoning appea4s all papers eenstittifing
10
feeefd upon whieh aed
Draft: 06/10/09
appealed f-Fom was taken. An appeal shall stay all pr-eeeedings in fut4her-anee of t4e aetion appealed fFom unless
the zoning adfninistfatOF eeftifies to the bomd of zoning appeals that by feasen of faets stated in the eeAifiea4e
stay would in his opinion eause ifpAvAaent peFil tO life OF PFOpei4y, in whieh ease PFOeeedings shall not be st
applie4ien and on notiee to the zoning administfa4OF and fOF good eause shown.
An appeal to the board of zoning anneals may be taken by any person aggrieved or by any officer, department,
board or bureau of the county affected by any decision of the zoning administrator, or from any order,
requirement _ decision or determination (collectively, the "decision ") made bay other administrative officer in
the administration or enforcement of this chapter, as provided herein.
a. Time for_ filing anneal. A notice of appeal (an "appeal ") shall be filed within thirty (30) days after the
decision appealed, Drovided that an appeal of a decision pertaining to temporary or seasonal commercial
uses shall be filed within ten (10) days after the decision if the notice of violation states that the ten (101
day appeal period applies.
b. Filing and contents of anneal. An appeal shall be filed with the zoning administrator and with the board
of zoning appeals. The appeal shall specify the grounds for the appeal.
C. Transmittal of record. Upon the filing of an appeal, the zoning administrator shall forthwith
transmit to the board of zoning appeals all the papers constituting the record upon which the action
appealed from was taken.
d. Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from
unless the zoning administrator certifies to the board of zoning ppeals that by reason of facts stated in
the certificate a stay would in his opinion cause imminent peril to life or property; in which case
proceedings shall not be stayed otherwise than by a restraining order by the board of zoning
as
appeals a court of record, on application and on notice to the zoning administrator and for
cause shown.
e. Pavment of fee. No appeal shall be processed. no record shall be reauired to be transmitted as provided
under section 34.3(c), no proceedings shall be stayed as provided under section 34.3(d). and the time for
which the appeal must be heard and acted on by the board of zoning appeals shall not bed, until the
fee required by section 35 is paid. The failure of the appellant to pay the required within the time for
filing an appeal shall not be a basis to refuse to accept the appeal or to dismiss the appeal.
State law reference — Va. Code §§ 15.2- 2286(A)(4), 15.2- 2311(A), (B).
Article V. Violation and penalty
Sec. 36.1 Violations -- generally
The following are violations of this chapter and are declared to be unlawful:
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The following are violations of this chapter and are declared to be unlawful:
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a. Uses. Anv use of a structure. improvement or land. established. that is conducted. operated or
maintained in violation of any provision of this chapter or any approved application plan, site plan, code
of development, zoning clearance, or condition accepted or imposed in conjunction with any county
approval under this chapter.
b. Structures or improvements. Any structure or improvement that is established, conducted, operated or
maintained in violation of any 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
any county pproval under this chapter.
C. Structures without building permits. Any structure for which a building permit application is required
that is started, established, constructed, reconstructed, enlarged or altered without a building permit.
d. Use of structure or site without certificate of occupancy. Any use of a structure or site for which a
certificate of occupancy is required that is conducted, operated or maintained without a certificate of
occupancy.
(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))
See. 6.2 Notiee of i4olatien
Upon beeeming aware of any violation of any provisions of this or-dinanee, the zoning adwAnistratef sha4l sef-ve-
See.363Remedies of exelusive
The r-emedies pfevided for- in this seetion are etimulative and not e*elusive and sha4l be in addition to any
r-emedies pr-eVided by law.
See. 36.4 Complaints regaFding violations
eemplaint. Sueh eemplaint st4ing fully4he re-ausee and- b-asis thefeef shall be filed with the zoning administfa
ra
Sec, 36.2 Enforcement
The zoning administrator is authorized to enforce this chapter as follows:
a. Investigation. Upon receipt of a complaint or a request to investigate whether this chapter is being
violated, the zoning administrator or his designee shall conduct an investigation,
b. Inspection warrants and search warrants. The zoning administrator is authorized to request and
execute inspection warrants issued by a magistrate or court of competent jurisdiction to allow the
inspection of dwellings authorized under Virginia Code § 15.2- 2286(A)(15). The zoning administrator
also is authorized to request and execute search warrants issued by a court of competent jurisdiction as
provided by law. Prior to seeking an inspection warrant or a search warrant, the zoning administrator or
his agent shall make a reasonable effort to obtain consent from the owner or tenant to enter the structure
or property to conduct an inspection or search.
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C. Subpoenas duces tecum. Whenever the zoning administrator has reasonable cause to believe that an
person has engaged or is engaging in n any violation of this chapter that limits occupancy in a dwelling
unit and, after a good faith effort to obtain the data or information necessary to determine whether a
violation has occurred, has been unable 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 any
person refusing produce the data or information, as authorized under Virginia Code § 15.2 -
2286(A)(4).
d. Notice of violation: exception. If. upon completion of the investigation. the zoning administrator
determines that a violation of this chapter exists, a notice of violation shall be issued to the person
committing and/or permitting 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(a).
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 decision may be
appealed to the board of zoning appeals within applicable appeal period provided in section
34.3 and that the decision shall be final and unappealable if it is not timely appealed: and (iv)
the time within which the violation shall be abated.
2. Delivery of notice. The notice shall be either hand delivered. posted on the door of a buildin
on the site, or mailed by regular or certified mail, provided that notice to the property owner.
sent by certified mail to, or posted at, the last known address of the property owner as shown on
the current real estate tax assessment books or current real estate tax assessment records shall
satisfy the notice requirements of this section.
e. Remedies. In the enforcement of this chapter. the zoning administrator may pursue anv remed
authorized by law. The remedies provided in sections 36.3. 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.
Sec. 36.3 Civil penalties
Any person, whether the owner, lessee, principal, agent, employee or otherwise, who violates anv provision of
this chapter as provided in section 36.1, or permits either by r�g_permission to another to eng=a eel
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 section 36.2, shall be subject to the following:
a. Procedure. Proceedings seeking civil penalties for all violations of this chapter under this section 36.3
shall commence either b. filing iling a civil summons in the general district court or by the zoning
administrator or his deputy issuing a ticket.
b. Minimum elements of a civil summons or ticket. A civil summons or ticket shall contain, at a minimum,
the following information: (i) the name and address of the person charged: (ii) the nature of the violation
and the section of this chapter allegedly violated:: (iii) the location and date that the violation occurred or
was observed: (iv) the amount of the civil penalty being posed for the violation: (v) the manner,
location and time in which the civil penalty may be paid to the county: (vi) the right of the recipient of
the summons to 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 subject to a civil penalty of two hundred
dollars ($200.00) for the initial summons, and a civil penalty of five hundred dollars ($500.00) for each
additional summons arising from the same set of operative facts.
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d. Maximum aggregate civil penalty. The total civil penalties from a series of violations arising from the
same set of operative facts shall not exceed five thousand dollars ($5.000.00). After the civil penalties
reach the five thousand dollar ($5.000.00) limit, the violation may be prosecuted as a criminal
misdemeanor under section 36.4.
e. Each day a separate offense: single offense in 10 -day 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 char ed not more than once in a ten (10) day period.
f. Option to prepay civil penalty and waive trial. Any person summoned or ticketed for a violation of this
chanter may elect to nay the civil penalty by making an appearance in person or in writing by mail to
the department of finance prior to the date fixed for trial in court. A person so appearing may enter a
waiver of trial, admit liability, and pay the civil penalty established for the offense charged. A signature
to an admission of liability shall have the same force and effect as a judgment of court. However, such
an admission shall not be deemed a criminal conviction for any purpose. If a person charged with a
violation does not elect to enter a waiver of trial and admit liability the violation shall be tried in the
general district court in the same manner and with the same right f appeal as provided by law. A
finding of liability shall not be deemed a criminal conviction for any purpose.
9. Civil penalties are in lieu of criminal penalties. A violation enforced under section 36.3 shall be in lieu
of any criminal penalty except as provided in section 36.3(d) and section 36.4 and, except for any
violation resulting in injury to any person, 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 chanter.
h. Violations excluded. Section 36.3 shall not be construed to allow the imposition of civil Denalties: (i
for activities related to land development where, for the purposes of this section, the term "land
development" means a human-made change to, or construction on, the land surface including. but not
limited to, land disturbing ny within the meaning of chapter 17 of Albemarle County Code or the
construction of buildings, structures or improvements under an approved site plan or subdivision plat,
but does not mean the land development project's compliance with this chanter: or (ii) for the violation
of any provision of this chanter relating to the postinsigns on public property or public ri ht-of-
way.
(§ 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
Any person, whether the owner, lessee._ principal, agent, employee or otherwise, who violates any provision of
this chapter that results in injury to any person, or to whom the five thousand dollar ($5.000.00) maximum
agfregate civil penalty provided in section 36.3(c) has been reached and who continues to violate any provision
of this chapter as provided in chapter 36.1. or permits either by rig permission to another to eng=a a in the
violating act or by not prohibiting the violating act after being informed by the zoning administrator that the act
continues to violate this chapter as provided in section 36.2, shall be subject to the following:
a. The person shall have committed a misdemeanor offense punishable by a fine of not less than ten
dollars ($10.00) nor more than one thousand dollars ($1.000.00).
b. If the violation is uncorrected at the time of conviction the court shall order the person convicted to
abate or remedy the violation in compliance with this chapter, within a time period established by the
court. Failure to remove or abate such violation within the time period established by the court shall
constitute a separate misdemeanor offense punishable by a fine of not less than ten dollars ($10.00) nor
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more than one thousand dollars ($1.000.00), and any such failure during any succeeding ten (10) day
period shall constitute a separate misdemeanor offense for each ten (10) day period, punishable by a fine
of not less than one hundred dollars ($100.00) nor more than one thousand five hundred dollars
C. Notwithstanding sections 36.4(a) and (b), anv conviction resulting from a violation of provisions
regulating the number of unrelated persons in single- family residential dwelling units shall be
punishable by a fine of up to two thousand dollars ($2.000.00). Failure to abate the violation within the
specified time period shall be punishable by a fine of up to five thousand dollars ($5.000.001 and anv
such failure during any succeeding ten (10) day period shall constitute a separate misdemeanor offense
for each ten (10) day period punishable by a fine of up to seven thousand five hundred dollars
($7.500.00). However, no such fine shall accrue against an owner or managing gent of a single- family
residential dwelling unit during pendency of any legal action commenced by such owner or
managing agent of the dwelling unit a tenant to eliminate an overcrowding condition in
accordance with chapters 13 or 13.2 of title 55 of the Virginia Code, as applicable. A conviction
resulting from a violation of provisions regulating lla the number of unrelated persons in single- family
residential dwelling units shall not be punishable by jail term.
(§ 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
Any violation of this chapter may be 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.
Any > >
> > or- who er-eets an
building of: sWaetur-e or- uses any building, stmewr-e or- land in viela4ien of this ehapter- of: any site plan or-
detailed st4efnent or- plan submitted by one of the above deser-ibed pefsefis a-Rd approved tifider- the pr-evis
of this ehapter-, shall be subjeet to the following.!
IR
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16
....
NO
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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
Ave Nay
Mr. Boyd
Mr. Dorrier
Ms. Mallek
Mr. Rooker
Mr. Slutzky
Ms. Thomas
17
Clerk, Board of County Supervisors