HomeMy WebLinkAboutZTA200900005 Legacy Document 2010-05-28 (4)Proposed Changes to Sections 31, 34, 36, and 37 of the Zoning Ordinance
July 1, 2009
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Existing Text
Proposed Text
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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 permit: The term "building permit" means a permit
issued by the building official under the building code that is
subject to the fees stated in Albemarle County Code §-5-20l,
None.
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 certifying that a
building or structure is in compliance with the building code
and this chapter.
None.
Chapter, this: The term "this chapter" means chapter 18 of
the Albemarle County Code, also known as the Albemarle
ecial
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 chapter.
None.
Site. The term "site" means one or more lots, or any part
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, 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.
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Code, The. The Code of Virginia as the same
may be amended from time to time.
Virginia 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 unless otherwise indicated. References 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 designated to administer and enforce this
chapter, or his or her designee.
None.
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 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
Diam
2. Administering this chapter by making
determinations and decisions on any matters arising
under this chapter, including but not limited to how a
building, structure or use should be classified, whether
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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, 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 chapter;
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 appeal as provided by Virginia Code §
15.2 -2311 and this chapter;
5. In specific cases, making findings 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 unit, provided such
enforcement is in compliance with applicable local,
state and federal fair housing laws; and
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
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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
Buildings or structures shall be started,
reconstructed, enlarged or altered only after a
building permit has been obtained from the
building official. No building permit or
certificate of occupancy shall be issued in
violation of zoning or other local ordinances
This is broken out
with the 1St sentence
moving to Section
36.1 c; 2 n sentence
moving to 31.2 c3 for
building permits and
section 31.3 d (1) for
certificates of
occupancy.
Section 31.2.2
Building
Permits
Section 31.2.2 Building Permits The zoning
administrator shall review each application for
a building permit to ensure that the building or
structure proposed is in accordance with the
terms of this ordinance. No permit shall be
issued for any construction for which a site
development plan is required to be approved by
the commission in accordance with section 32.0
of this chapter unless and until such plan shall
have been so approved. Thereafter, any item
shown on such plan as approved shall be
deemed prima facie in accordance with the
terms of this ordinance. No 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 §
See. 31.2 Building permit applications
The zoning administrator shall review building permit
Reformat and
reorganize.
Includes requirement
for two copies of
building plans.
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.
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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
conformity 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 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.
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.
Section 31.3
Zoning Permits
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
code building permit
review requests for zoning permits for those buildings and
structures not required to file a building permit application,
as follows:
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a. When required. Prior to starting, establishing,
constructing, reconstructing, enlarging or altering an v
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.
c. Approval. If the proposed building or structure and stated
use comply with this chapter, the zoning administrator shall
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
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 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
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show that the structure, premises or part
thereof, and the proposed use thereof, is in
conformity with the provisions of this chapter.
(Amended 10 -3 -01) [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 form
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
approval or approvals may serve as evidence of the zoning
Provides
administrative bond
extension where it
now requires Board of
Supervisor's approval.
administrator's approval 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 approve a certificate of occupancy where
the buildings or structures shown on a site plan are
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,
it 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 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
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diligently pursue completion or other reasons.
(Added 10 -3 -01)
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 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)
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).
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 -01M
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 10-3-01E(§ 31.2.3.3.9 -9 -92: Ord.
O1- 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.
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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 clearances 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 circumstances:
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 use. Prior to establishing anew
new
non - residential use changes. The zoning
non - residential, other than an agricultural, use.
compliance clearance shall be issued only if the
zoning administrator determines that the
2. Change or intensification of existing use. Prior to
changing or intensifying an existing non - residential,
structure or premises and its use comply with
other than an agricultural, use.
the requirements of this chapter. For purposes
of this section, production agriculture is not a
commercial or industrial use; a home
3. Change of occupant. Prior to a new occupant
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)
4. Specific buildings, structures or uses. Prior to
Adds #4 — for those
establishing any building, structure or use for which
cases not already
a zoning clearance is required under section 5.
covered but which
require a zoning
b. Approval. If the proposed building, structure,
clearance under the
improvements, and site, and the proposed use thereof,
supplementary
comply with this chapter, the zoning administrator shall
regulations.
issue the zoning clearance.
c. Circumstance when zoning clearance shall not be issued.
New provision for
The zoning administrator shall not issue a zoning clearance
zoning clearances
if, 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, regardless of whether the
occupancy. It has
improvements are shown on the site plan. (Added 9 -9 -92:
been helpful to require
Amended 10-3-011f§_31.2.3.3, 9 -9 -92: Ord. 01- 18(6), 10 -3-
additional safety
tj
improvements.
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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
1010
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. 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
below title with one
may be issued upon a finding by the board of supervisors
that such use will not be of substantial detriment to adjacent
minor exception.
property, that the character of the district will not be
ATTACHMENT B
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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 of this erdiRaRGe, 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 35.0 of this er` tnanno. 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 s°^tinn 15.2 2201 of the Cede and
Virginia Code § 15.2 -2204 and section 33.8 of this chapter
POSTING OF PROPS TV (Amended 5 -5 -82; 6- 19 -96)
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
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Change
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
Correct to current title
be indefinitely deferred, the application shall be
formal action on the application be indefinitely
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 eemmunity
development before the application is deemed
developmen efore the application is deemed to be
to be withdrawn, the director may grant one
withdrawn, the director may grant one extension of
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Impact /Reason for
Change
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 permit
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. Sueh-The
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.
(Amended 10 -3 -01)
(§ 31.2.4.3, 12- 10 -80; Ord. 01- 18(6), 10 -3 -01)
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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)
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
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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
Section 31.7 Review of public features to determine
County Attorney
substantial accord with the comprehensive plan If a
Review of
compliance with the comprehensive plan No
suggests that it would
public facility subject to Virginia Code § 15.2 -2232 is not
public uses for
street, park or other public area, or public
be a good idea to
already shown on the comprehensive plan, the commission
compliance
structure, or public utility, public building or
retain what is
shall determine whether the location, character, and extent of
with the
public service corporation other than railroads,
currently section
the public facility subject is in substantial accord with the
comprehensive
whether publicly or privately owned, shall be
31.2.5, referring to
comprehensive plan as provided by Virginia Code § 15.2-
plan
constructed, established or authorized, unless
2232, because even
2232.
and until the general location or approximate
though 2232 is self -
location, character and extent thereof has been
executing, it is
submitted to and approved by the commission
possible that there
as being substantially in accord with the
may be a zoning
adopted comprehensive plan or part thereof. In
connection present in
connection with any such determination, the
some cases.
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
normal service extensions of public utilities or
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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
Appeal to the
board of zoning
appeals
Section 34.3 Appeal to the board of zoning
appeals Appeal to the board of zoning appeals
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. Such appeal shall be taken
within thirty (30) days after the decision
appealed from by filing with the zoning
administrator, and with the board of zoning
appeals, a notice of appeal specifying the
grounds thereof. 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. An appeal shall stay all proceedings in
furtherance of the action appealed from unless
the zoning administrator certifies to the board
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
which case proceedings shall not be stayed
otherwise than by a 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.
An anneal to the board of zoning anneals may be taken by
Reformat
Establishes shorter
appeal period (ten
days rather than thirty)
for decisions relating
to temporary or
seasonal uses.
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 by an y
other administrative officer in the administration or
enforcement of this chapter, as provided herein.
a. Time for filing appeal. A notice of appeal (an
"appeal ") shall be filed within thirty (30) days after
the decision appealed, provided 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 (10) day appeal period applies.
b. Filing and contents of appeal. 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
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appealed from was taken.
d. Stay of proceedings. An appeal shall stay all
This provision has
been added to prevent
situations where an
appeal is filed without
the designated fee.
proceedings in furtherance of the action appealed
from unless the zoning administrator certifies to the
board 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 which case
proceedings shall not be staved otherwise than by a
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.
e. Payment of fee. No appeal shall be processed, no
record shall be required to be transmitted as provided
under section 34.3(c), no proceedings shall be staved
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 begin, until the fee
required by section 35 is paid. The failure of the
appellant to pay the required fee 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).
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Proposed Text
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Change
Section 36.1
Section 36.1 Violations - Generally Any
Section 36.1 Violations The following are violations of
Reorganize and
Violations -
building erected contrary to any of the
this chapter and are declared to be unlawful:
reformat for clarity.
Generally
provisions of this ordinance or contrary to any
condition imposed upon any conditional
a. Uses. Any use of a structure, improvement or land,
established, that is conducted, operated or maintained in
rezoning, issuance of a special use permit or
violation of any provision of this chapter or any approved
approval of a site plan, and any use of any
application plan, site plan, code of development, zoning
building or land which is conducted, operated
clearance, or condition accepted or imposed in conjunction
or maintained contrary to any of the provisions
with any county approval under this chapter.
of this ordinance or any condition imposed
upon any conditional rezoning, issuance of a
special use permit or approval of a site plan,
b. Structures or improvements. Any structure or
shall be a violation of this ordinance and the
improvement that is established, conducted, operated or
maintained in violation of any provision of this chapter or
same is hereby declared to be unlawful. The
any approved application plan, site plan, code of
zoning administrator may initiate injunction,
mandamus, abatement, criminal warrant or any
development, zoning permit, zoning clearance, or condition
accepted or imposed in conjunction with any county
other appropriate action to prevent, enjoin,
approval under this chapter,
abate or remove such erection or use in
violation of any provision of this ordinance.
(Amended 12- 20 -89)
c. Structures without building permits. Any structure for
Establishes specific
which a building permit application is required that is
provision that building
started, established, constructed, reconstructed, enlarged or
without a permit and
altered without a building permit.
occupying without a
certificate or
d. Use of structure or site without certificate of occupancy,
occupancy constitutes
Any use of a structure or site for which a certificate of
a violation.
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))
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Section 36.2
Notice of
violation,
Section 36.3
Remedies not
exclusive,
Section 36.4
Complaints
regarding
violations
Section 36.2 Notice of violation Upon
becoming aware of any violation of any
provisions of this ordinance, the zoning
administrator shall serve notice of such
violation on the person committing or
permitting the same, and if such violation has
not ceased within such reasonable time as the
zoning administrator has specified in such
notice, he shall institute such action as may be
necessary to terminate the violation. Section
36.3 Remedies not exclusive The remedies
provided for in this section are cumulative and
not exclusive and shall be in addition to any
other remedies provided by law.Section 36.4
Complaints regarding violations Whenever a
violation of this ordinance occurs, or is alleged
to have occurred, any person may file a written
complaint. Such complaint stating fully the
cause and basis thereof shall be filed with the
zoning administrator. He shall record properly
such complaint, immediately investigate and
take action thereon as provided by this
ordinance.
Sec. 36.2 Enforcement The zoning administrator is
Reformats and
reorganizes.
Incorporates Virginia
Code provision for
inspection and search
warrants, including
provision for
investigation of
dwelling occupancy
violations (subpoena
duces tecum).
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.
c. Subpoenas duces tecum. Whenever the zoning
administrator has reasonable cause to believe that any
person has engaged or is engaging in 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 to produce the data or information, as
authorized under Virginia Code § 15.2- 2286(A)(4).
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d. Notice of violation, exception. If, upon completion of the
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.
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(al.
1. Contents of notice. The notice shall include the
following information: (i) the date of the notice: (ii)
the basis for the decision:_(iiil 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 building 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
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Section 37.2
Civil Penalty
Sec. 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:
administrator may pursue any remedy authorized by law.
Reformat and
reorganize.
Clarifies the procedure
for seeking civil
penalties.
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 An y person. whether the owner.
lessee, principal, agent, employee or otherwise, who violates
any provision of this chapter as provided in section 36. 1. or
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 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 by filing a civil summons in the general
district court or by the zoning administrator or his deputy
issuing a ticket.
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
b. Minimum elements of a civil summons or ticket. A civil
Establishes the content
of a civil summons or
ticket.
summons or ticket shall contain, at a minimum, the
following information: Q) 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 imposed 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
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to exist shall be a separate offense. However,
the same scheduled violation arising from the
same operative set of facts may be charged not
more than once in a ten (10) day period, and the
total civil penalties from a series of such
violations arising from the same set of
operative facts shall not exceed five thousand
dollars ($5,000.00) (Amended 3- 16 -05;
Amended 7- 5 -06).
C. Any person summoned for a scheduled
violation may elect to pay the civil penalty by
making an appearance in person or in writing
by mail to the department of finance prior to the
date fixed for trial in court. A person so
appearing may enter a waiver of trial, admit
liability, and pay the civil penalty established
for the offense charged. A signature to an
admission of liability shall have the same force
and effect as a judgment of court. However,
such an admission shall not be deemed a
criminal conviction for any purpose. If a
person charged with a violation does not elect
to enter a waiver of trial and admit liability, the
violation shall be tried in the general district
court in the same manner and with the same
right of appeal as provided by law. A finding
of liability shall not be deemed a criminal
conviction for any purpose.
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
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.
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 charged 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 chapter may
elect to pay the civil penalty by making an appearance in
person or in writing by mail to the department of finance
prior to the date fixed for trial in court. A person so
appearing may enter a waiver of trial, admit liability, and
pay the civil penalty established for the offense charged. A
signature to an admission of liability shall have the same
force and effect as a judgment of court. However, such an
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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: (i) for
activities related to land development within
the meaning of Virginia Code § 10.1- 603.2; or
(ii) for violation of any provision of the zoning
ordinance relating to the posting of signs on
public property or public rights -of -way.
(Amended 7 -5 -06)
(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.
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 Turn_ ose.
g. 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 chapter.
h. Violations excluded. Section 36.3 shall not be construed
to allow the imposition of civil penalties: (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 constructed on, the land surface including, but
not limited to, land disturbing activity 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 chapter;
for the violation of any provision of this chapter relating to
the posting of signs on public property or public rights-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)
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State law reference — Va. Code § 15.2 -2209
Sec. 37.0
Penalties and
remedies
(Amended 6-
14 -00), Sec.
37.1 Criminal
penalty
Any person, whether owner, lessee, principal,
agent, employee or otherwise, who violates any
provision of this chapter, or permits any such
violation, or fails to comply with any of the
requirements hereof, or who erects any building
or structure or uses any building, structure or
land in violation of this chapter or any site plan
or other detailed statement or plan submitted by
one of the above - described persons and
approved under the provisions of this chapter,
shall be subject to the following: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 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
Sec. 36.4 Criminal penalties Any person, whether the
owner, lessee, principal, agent, employee or otherwise, who
violates any provision of this chanter that results in injury to
any person, or to whom the five thousand dollar ($5,000.00)
maximum aggregate 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 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 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
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
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Impact /Reason for
Change
than one hundred dollars ($100.00) nor more
than one thousand five hundred dollars
($1,500.00). (Ord. 00- 18(5), 6- 14 -00) State law
reference — Va. Code § 15.2 -2286.
hundred dollars ($100.00) nor more than one thousand five
Incorporate Virginia
Code provision for
penalties relating to
occupancy of single -
family residential
units
hundred dollars ($1,500.001
c. Notwithstanding sections 36.4(a) and (b), any 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 ($5,000.00), 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 up to seven thousand five
hundred dollars ($7,500.00). However, no such fine shall
accrue against an owner or managing agent of a single -
family residential dwelling unit during the pendency of any
legal action commenced by such owner or managing agent
of the dwelling unit against 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 the number of unrelated persons in single - family
residential dwelling units shall not be punishable by a jail
term. (§ 37.1; Ord. 00- 18(5), 6- 14 -00) State law reference —
Va. Code § 15.2- 2286(A)(5).
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Sec. 37.3
Any violation of this chapter may be restrained,
Sec. 36.5 Injunctive relief and other remedies
Injunctive relief
corrected, or abated as the case may be by
and other
injunction or other appropriate relief.
Any violation of this chanter may be restrained, corrected, or
abated as the case may be by injunction or other appropriate
remedies
relief.
(Ord. 00- 18(5), 6- 14 -00)
State law reference — Va. Code § 15.2 -2208.
(§ 37.3; Ord. 00- 18(5), 6- 14 -00)
State law reference — Va. Code § 15.2 -2208.
ATTACHMENT B