15.2-2286 - Permitted provisions in zoning ordinances; amendments; applicant to pay delinquent taxes; penalties.
§ 15.2-2286. Permitted provisions in zoning ordinances; amendments; applicantto pay delinquent taxes; penalties.
A. A zoning ordinance may include, among other things, reasonable regulationsand provisions as to any or all of the following matters:
1. For variances or special exceptions, as defined in § 15.2-2201, to thegeneral regulations in any district.
2. For the temporary application of the ordinance to any property coming intothe territorial jurisdiction of the governing body by annexation orotherwise, subsequent to the adoption of the zoning ordinance, and pendingthe orderly amendment of the ordinance.
3. For the granting of special exceptions under suitable regulations andsafeguards; notwithstanding any other provisions of this article, thegoverning body of any locality may reserve unto itself the right to issuesuch special exceptions. Conditions imposed in connection with residentialspecial use permits, wherein the applicant proposes affordable housing, shallbe consistent with the objective of providing affordable housing. Whenimposing conditions on residential projects specifying materials and methodsof construction or specific design features, the approving body shallconsider the impact of the conditions upon the affordability of housing.
The governing body or the board of zoning appeals of the City of Norfolk mayimpose a condition upon any special exception relating to retail alcoholicbeverage control licensees which provides that such special exception willautomatically expire upon a change of ownership of the property, a change inpossession, a change in the operation or management of a facility or upon thepassage of a specific period of time.
The governing body of the City of Richmond may impose a condition upon anyspecial use permit issued after July 1, 2000, relating to retail alcoholicbeverage licensees which provides that such special use permit shall besubject to an automatic review by the governing body upon a change inpossession, a change in the owner of the business, or a transfer of majoritycontrol of the business entity. Upon review by the governing body, it mayeither amend or revoke the special use permit after notice and a publichearing as required by § 15.2-2206.
4. For the administration and enforcement of the ordinance including theappointment or designation of a zoning administrator who may also holdanother office in the locality. The zoning administrator shall have allnecessary authority on behalf of the governing body to administer and enforcethe zoning ordinance. His authority shall include (i) ordering in writing theremedying of any condition found in violation of the ordinance; (ii) insuringcompliance with the ordinance, bringing legal action, including injunction,abatement, or other appropriate action or proceeding subject to appealpursuant to § 15.2-2311; and (iii) in specific cases, making findings of factand, with concurrence of the attorney for the governing body, conclusions oflaw regarding determinations of rights accruing under § 15.2-2307 orsubsection C of § 15.2-2311.
Whenever the zoning administrator has reasonable cause to believe that anyperson has engaged in or is engaging in any violation of a zoning ordinancethat limits occupancy in a residential dwelling unit, which is subject to acivil penalty that may be imposed in accordance with the provisions of §15.2-2209, and the zoning administrator, after a good faith effort to obtainthe data or information necessary to determine whether a violation hasoccurred, has been unable to obtain such information, he may request that theattorney for the locality petition the judge of the general district courtfor his jurisdiction for a subpoena duces tecum against any such personrefusing to produce such data or information. The judge of the court, upongood cause shown, may cause the subpoena to be issued. Any person failing tocomply with such subpoena shall be subject to punishment for contempt by thecourt issuing the subpoena. Any person so subpoenaed may apply to the judgewho issued the subpoena to quash it.
Notwithstanding the provisions of § 15.2-2311, a zoning ordinance mayprescribe an appeal period of less than 30 days, but not less than 10 days,for a notice of violation involving temporary or seasonal commercial uses,parking of commercial trucks in residential zoning districts, maximumoccupancy limitations of a residential dwelling unit, or similar short-term,recurring violations.
Where provided by ordinance, the zoning administrator may be authorized togrant a modification from any provision contained in the zoning ordinancewith respect to physical requirements on a lot or parcel of land, includingbut not limited to size, height, location or features of or related to anybuilding, structure, or improvements, if the administrator finds in writingthat: (i) the strict application of the ordinance would produce unduehardship; (ii) such hardship is not shared generally by other properties inthe same zoning district and the same vicinity; and (iii) the authorizationof the modification will not be of substantial detriment to adjacent propertyand the character of the zoning district will not be changed by the grantingof the modification. Prior to the granting of a modification, the zoningadministrator shall give, or require the applicant to give, all adjoiningproperty owners written notice of the request for modification, and anopportunity to respond to the request within 21 days of the date of thenotice. The zoning administrator shall make a decision on the application formodification and issue a written decision with a copy provided to theapplicant and any adjoining landowner who responded in writing to the noticesent pursuant to this paragraph. The decision of the zoning administratorshall constitute a decision within the purview of § 15.2-2311, and may beappealed to the board of zoning appeals as provided by that section.Decisions of the board of zoning appeals may be appealed to the circuit courtas provided by § 15.2-2314.
The zoning administrator shall respond within 90 days of a request for adecision or determination on zoning matters within the scope of his authorityunless the requester has agreed to a longer period.
5. For the imposition of penalties upon conviction of any violation of thezoning ordinance. Any such violation shall be a misdemeanor punishable by afine of not less than $10 nor more than $1,000. If the violation isuncorrected at the time of the conviction, the court shall order the violatorto abate or remedy the violation in compliance with the zoning ordinance,within a time period established by the court. Failure to remove or abate azoning violation within the specified time period shall constitute a separatemisdemeanor offense punishable by a fine of not less than $10 nor more than$1,000, and any such failure during any succeeding 10-day period shallconstitute a separate misdemeanor offense for each 10-day period punishableby a fine of not less than $100 nor more than $1,500.
However, any conviction resulting from a violation of provisions regulatingthe number of unrelated persons in single-family residential dwellings shallbe punishable by a fine of up to $2,000. Failure to abate the violationwithin the specified time period shall be punishable by a fine of up to$5,000, and any such failure during any succeeding 10-day period shallconstitute a separate misdemeanor offense for each 10-day period punishableby a fine of up to $7,500. However, no such fine shall accrue against anowner or managing agent of a single-family residential dwelling unit duringthe pendency of any legal action commenced by such owner or managing agent ofsuch dwelling unit against a tenant to eliminate an overcrowding condition inaccordance with Chapter 13 or Chapter 13.2 of Title 55, as applicable. Aconviction resulting from a violation of provisions regulating the number ofunrelated persons in single-family residential dwellings shall not bepunishable by a jail term.
6. For the collection of fees to cover the cost of making inspections,issuing permits, advertising of notices and other expenses incident to theadministration of a zoning ordinance or to the filing or processing of anyappeal or amendment thereto.
7. For the amendment of the regulations or district maps from time to time,or for their repeal. Whenever the public necessity, convenience, generalwelfare, or good zoning practice requires, the governing body may byordinance amend, supplement, or change the regulations, district boundaries,or classifications of property. Any such amendment may be initiated (i) byresolution of the governing body; (ii) by motion of the local planningcommission; or (iii) by petition of the owner, contract purchaser with theowner's written consent, or the owner's agent therefor, of the property whichis the subject of the proposed zoning map amendment, addressed to thegoverning body or the local planning commission, who shall forward suchpetition to the governing body; however, the ordinance may provide for theconsideration of proposed amendments only at specified intervals of time, andmay further provide that substantially the same petition will not bereconsidered within a specific period, not exceeding one year. Any suchresolution or motion by such governing body or commission proposing therezoning shall state the above public purposes therefor.
In any county having adopted such zoning ordinance, all motions, resolutionsor petitions for amendment to the zoning ordinance, and/or map shall be actedupon and a decision made within such reasonable time as may be necessarywhich shall not exceed 12 months unless the applicant requests or consents toaction beyond such period or unless the applicant withdraws his motion,resolution or petition for amendment to the zoning ordinance or map, or both.In the event of and upon such withdrawal, processing of the motion,resolution or petition shall cease without further action as otherwise wouldbe required by this subdivision.
8. For the submission and approval of a plan of development prior to theissuance of building permits to assure compliance with regulations containedin such zoning ordinance.
9. For areas and districts designated for mixed use developments or plannedunit developments as defined in § 15.2-2201.
10. For the administration of incentive zoning as defined in § 15.2-2201.
11. For provisions allowing the locality to enter into a voluntary agreementwith a landowner that would result in the downzoning of the landowner'sundeveloped or underdeveloped property in exchange for a tax credit equal tothe amount of excess real estate taxes that the landowner has paid due to thehigher zoning classification. The locality may establish reasonableguidelines for determining the amount of excess real estate tax collected andthe method and duration for applying the tax credit. For purposes of thissection, "downzoning" means a zoning action by a locality that results in areduction in a formerly permitted land use intensity or density.
12. Provisions for requiring and considering Phase I environmental siteassessments based on the anticipated use of the property proposed for thesubdivision or development that meet generally accepted national standardsfor such assessments, such as those developed by the American Society forTesting and Materials, and Phase II environmental site assessments, that alsomeet accepted national standards, such as, but not limited to, thosedeveloped by the American Society for Testing and Materials, if the localitydeems such to be reasonably necessary, based on findings in the Phase Iassessment, and in accordance with regulations of the United StatesEnvironmental Protection Agency and the American Society for Testing andMaterials. A reasonable fee may be charged for the review of suchenvironmental assessments. Such fees shall not exceed an amount commensuratewith the services rendered, taking into consideration the time, skill, andadministrative expense involved in such review.
13. Provisions for requiring disclosure and remediation of contamination andother adverse environmental conditions of the property prior to approval ofsubdivision and development plans.
14. For the enforcement of provisions of the zoning ordinance that regulatethe number of persons permitted to occupy a single-family residentialdwelling unit, provided such enforcement is in compliance with applicablelocal, state and federal fair housing laws.
15. For the issuance of inspection warrants by a magistrate or court ofcompetent jurisdiction. The zoning administrator or his agent may presentsworn testimony to a magistrate or court of competent jurisdiction and ifsuch sworn testimony establishes probable cause that a zoning ordinanceviolation has occurred, request that the magistrate or court grant the zoningadministrator or his agent an inspection warrant to enable the zoningadministrator or his agent to enter the subject dwelling for the purpose ofdetermining whether violations of the zoning ordinance exist. The zoningadministrator or his agent shall make a reasonable effort to obtain consentfrom the owner or tenant of the subject dwelling prior to seeking theissuance of an inspection warrant under this section.
B. Prior to the initiation of an application for a special exception, specialuse permit, variance, rezoning or other land disturbing permit, includingbuilding permits and erosion and sediment control permits, or prior to theissuance of final approval, the authorizing body may require the applicant toproduce satisfactory evidence that any delinquent real estate taxes owed tothe locality which have been properly assessed against the subject propertyhave been paid.
(Code 1950, § 15-968.5; 1962, c. 407, § 15.1-491; 1964, c. 564; 1966, c. 455;1968, cc. 543, 595; 1973, c. 286; 1974, c. 547; 1975, cc. 99, 575, 579, 582,641; 1976, cc. 71, 409, 470, 683; 1977, c. 177; 1978, c. 543; 1979, c. 182;1982, c. 44; 1983, c. 392; 1984, c. 238; 1987, c. 8; 1988, cc. 481, 856;1989, cc. 359, 384; 1990, cc. 672, 868; 1992, c. 380; 1993, c. 672; 1994, c.802; 1995, cc. 351, 475, 584, 603; 1996, c. 451; 1997, cc. 529, 543, 587;1998, c. 385; 1999, c. 792; 2000, cc. 764, 817; 2001, c. 240; 2002, cc. 547,703; 2005, cc. 625, 677; 2006, cc. 304, 514, 533, 903; 2007, cc. 821, 937;2008, cc. 297, 317, 343, 581, 593, 720, 777; 2009, c. 721.)