All departments, officials and public employees of this jurisdiction
which are vested with the duty or authority to issue permits or licenses
shall issue permits for uses, buildings or purposes only when they
are in harmony with the provisions of this chapter. Any such permit,
if issued in conflict with the provisions of this chapter, shall be
null and void.
For the imposition of penalties upon conviction of any violation
of this chapter, any such violation shall be a misdemeanor punishable
by a fine of not less than $10 nor more than $1,000. If the violation
is uncorrected at the time of the conviction, the court shall order
the violator to abate or remedy the violation in compliance with this
chapter within a time period established by the court. Failure to
remove or abate a zoning violation within the specified time period
shall constitute a separate misdemeanor offense, punishable by a fine
of not less than $10 nor more than $1,000, and any such failure during
any succeeding thirty-day period shall constitute a separate misdemeanor
offense for each thirty-day period, punishable by a fine of not less
than $10 nor more than $1,000.
The regulations, restrictions and boundaries established in
this chapter may, from time to time, be amended, supplemented, changed,
modified or repealed by the governing body, provided that:
A.
The Commission shall hold at least one public hearing on such proposed
amendment after notice as required by law and may make appropriate
changes in the proposed amendment as a result of such hearing. Upon
the completion of its work, the Commission shall present the proposed
amendment, including the district maps, to the governing body, together
with its recommendations and appropriate explanatory materials. Such
public hearing may be held jointly with the governing body at its
public hearing.
B.
Before approving and adopting any amendment, the governing body shall
hold at least one public hearing thereon, pursuant to public notice
as required by law, after which the governing body may make appropriate
changes or corrections in the proposed amendment; in the case of a
proposed amendment to the Zoning Map, such public notice shall state
the general usage and density range of such proposed amendment and
the general usage and density range, if any, set forth in the applicable
part of the Comprehensive Plan. However, no land may be zoned to a
more-intensive use classification than was contained in the public
notice without an additional public hearing after notice as required
by § 15.2-2204 of the Code of Virginia. An affirmative vote
of at least a majority of the members of the governing body shall
be required to amend this chapter.
C.
Conditional zoning. As part of an application to rezone property
and amend the Official Zoning Maps, the property owner may include
a voluntary proffering, in writing, placing certain conditions and
restrictions on the use and development of such property, and the
Zoning Administrator shall be vested with all the necessary authority
to administer and enforce such conditions and restrictions, all in
accordance with §§ 15.2-2296 to 15.2-2302 of the Code
of Virginia of 1950, as amended, and such sections are incorporated
herein as a part hereof to the same extent and purpose as if those
such sections were herein fully set out at length.
D.
Whenever application requesting an amendment, supplement, conditional
use permit, special exception permit, variance or change has been
acted on and a decision made by the Board of Supervisors, such application,
or one substantially similar, shall not be reconsidered sooner than
one year after the previous denial.
This chapter shall be enforced by the Zoning Administrator,
who shall be appointed by the governing body. The Zoning Administrator
shall serve at the pleasure of that body. Compensation for such shall
be fixed by resolution of the governing body.
Nothing contained herein shall require any change in the plans
or construction of any building or structure for which a permit was
granted prior to the effective date of this chapter. However, such
construction must commence within 30 days after this chapter becomes
effective. If construction is discontinued for a period of six months
or more, further construction shall be in conformity with the provisions
of this chapter for the district in which the operation is located.
Unless district boundary lines are fixed by dimensions or otherwise
clearly shown or described, and where uncertainty exists with respect
to the boundaries of any of the aforesaid districts as shown on the
Zoning Map, the following rules shall apply:
A.
Where district boundaries are indicated as approximately following
or being at right angles to center lines, the center lines or lines
at right angles to such center lines shall be construed to be such
boundaries, as the case may be.
B.
Where a district boundary is indicated to follow a river, creek or
branch or other body of water, said boundary shall be construed to
follow the center line at low water or at the limit of the jurisdiction,
and in the event of change in the shoreline, such boundary shall be
construed as moving with the actual shoreline.
C.
If no distance, angle, curvature description or other means is given
to determine a boundary line accurately and the foregoing provisions
do not apply, the same shall be determined by the use of the scale
shown on said Zoning Map. In the case of subsequent dispute, the matter
shall be referred to the Board, which shall determine the boundary.
