Appomattox County, VA
 
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Table of Contents
Table of Contents
All applications for a change in zoning or zoning permit presented to the County must be signed by the property owner, the property owner's power of attorney or legal guardian, or, in the case of an estate, the executor of said estate. The property owner or his/her legal benefactor as named hereinabove may designate an agent to represent the zoning/rezoning request before the Planning Commission and the Board of Supervisors.
A. 
The Zoning Administrator designated by the Board of Supervisors shall administer and enforce this chapter. The Zoning Administrator may be provided with the assistance of such other persons as needed. If the Zoning Administrator shall find that any of the provisions of this chapter are being violated, he shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it.
B. 
The Zoning Administrator shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.
No building permit shall be issued without written confirmation from the Zoning Administrator that all zoning requirements have been met and that all County codes have been met (i.e., a zoning permit).
Land may not be used or occupied in violation of this chapter. Applications for a zoning permit shall be accompanied by two copies of a scale drawing. The drawing shall show the size and shape of the parcel of land on which the proposed building is to be constructed, the nature of the proposed use of the building or land, and the location of such building or use with respect to the property lines of said parcel of land and to the right-of-way of any street or highway adjoining said parcel. All existing buildings on the lot must be included in the scale drawing. 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 chapter, then a permit shall be issued to the applicant by the Zoning Administrator. One copy of the drawing shall be returned to the applicant with the approved permit.
Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the cause and basis thereof and shall be filed with the Zoning Administrator. The Zoning Administrator shall record such complaint properly, immediately investigate, and take action thereon as provided by this chapter.
A. 
Violations of the provisions of this chapter or failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with variances or conditional uses, shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall be guilty of a misdemeanor, punishable by a fine of not less than $10 nor more than $1,000, and in addition shall pay all costs and expenses involved in the case. 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 not less than $10 nor more than $1,000; and any such failure during any succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-day period, punishable by a fine of not less than $100 nor more than $1,500. [Code of Virginia (1950), § 15.2-2286A.5]
B. 
The owner or tenant of any building, structure, premises, or part thereof, or any architect, builder, contractor, agent or other person, who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and may suffer the penalties herein provided. Nothing contained herein shall prevent the County from taking other lawful action as is necessary to prevent or remedy any violation.
C. 
Violations of the provisions of this chapter or failure to comply with any of its requirements related to the number of unrelated persons in a single-family residential dwelling shall be punishable by a fine of up to $2,000. Failure to abate the violation within the specified time period shall be punishable by a fine of up to $5,000, and any such failure during any succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-day period, punishable by a fine of up to $7,500. However, no such fine shall accrue against an owner or managing agent of a single-family residential dwelling during the pendency of any legal action commenced by such owner or managing agent against a tenant to eliminate an overcrowding condition in accordance with Chapter 13.2 of Title 55, as applicable. A conviction from a violation of provisions regulating the number of unrelated persons in a single-family residential dwelling shall not be punishable by a jail term.
Should any section or provision of this chapter be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole or any part thereof other than the part so held to be unconstitutional or invalid.