Except for fences, flag poles, mail and newspaper boxes, hunting blinds, dog pens and other noncommercial animal containment facilities (except those addressed in § 175-15.16 which shall obtain a zoning clearance) and television and radio receiving antennas, it shall be unlawful to use land or structures or to alter or erect structures until a zoning permit (clearance) is obtained from the Zoning Administrator. If an activity requires a building permit, the Zoning Administrator shall review the application for the zoning clearance and approve such application before building permits are issued. Where site plan review is required, the application for zoning clearance may be incorporated into the application for site plan review, in which case the requirements for site plan review, in Article 17 herein shall apply. The intent of the zoning clearance is to show that land, structures, and uses of land and structures are in conformity with the provisions of this chapter and any other lawfully adopted statutes, rules, regulations, or ordinances.
The application for a zoning permit shall be signed by the owner
or applicant attesting to the truth and exactness of all information
supplied on the application. Each application shall clearly state
that the permit shall expire if a building permit has not been acquired
for the work described in the zoning permit within one year from the
date of issuance thereof. At a minimum, the application shall contain
the following information:
A.
Name, address, and telephone number of applicant and owner;
B.
Legal description of property;
C.
Existing use;
D.
Proposed use;
E.
Zoning district;
F.
Plans in triplicate drawn to scale, showing the dimensions and the
shape of the lot to be built upon; the size and location of existing
buildings on the lot, if any; and the location and dimension of the
proposed building(s) or alteration;
(1)
A setback verification survey prepared by a Virginia licensed
surveyor is required whenever any building or addition is being constructed
within a Resource Protection Area (RPA) or within 10 feet of any front,
rear, side or corner side setback; RPA boundary line; or tidal or
non-tidal wetland. Setback compliance must be certified by the surveyor
before an approved foundation (footing) inspection will be granted.
The setback verification survey may be waived by the Administrator
if either an improvements survey or other means of accurately determining
setback compliance exists.
G.
Building heights;
H.
Number of off-street parking spaces or loading berths;
I.
Number of dwelling units;
J.
Such other matters as may be necessary to determine conformance with
and provide for the enforcement of this chapter; and
K.
A fee as established by the governing body.
Within 30 days after the receipt of an application, the Administrator
shall either approve or disapprove the application in conformance
with the provisions of this chapter. Zoning clearances incorporated
into building permits and/or site plan review procedures shall expire
in the same manner as building permit and/or site plan approval. Zoning
clearances incorporated into site plan submittal shall be approved
or disapproved under the same time frame as set forth for approval
or disapproval of site plans in Article 17. All zoning permits shall,
however, be conditional upon the commencement of work within one year.
The original plans shall be retained by the Administrator after he
shall have marked such plans either approved or disapproved and attested
to same by his signature. One copy of the plans similarly marked shall
be returned to the applicant by the Administrator. A second copy of
the plans similarly marked shall be forwarded to the Building Official
by the applicant.
If a building permit has not been acquired for the work described
in any zoning permit within one year from the date of issuance thereof,
said zoning permit shall expire.
A.
Except as provided in § 175-20.1, no building permit shall be issued after the effective date of this chapter unless a zoning permit shall have been issued by the Administrator first.
B.
Nothing contained herein shall require any change in the plans or construction of any building or structure for which a building permit was granted prior to the effective date of this chapter; however, such construction must commence within the same time period as established by the building permit regulations for conforming uses and within the time period provided in § 175-16.1 for nonconforming uses. If construction is discontinued for a period of 12 months or more for conforming uses not complying with the area requirements of the district in which it is located, further construction shall be in conformity with the provisions of this chapter for the district in which the operation is located. Construction of nonconforming uses as provided in § 175-16.1 shall not be discontinued for extended periods of time except under unusual circumstances, such as inclement weather, which are not brought on by actions or inactions of the owner or his agents.
Buildings or land may be used or occupied and buildings structurally
altered or newly erected may be used or changed in use only after
a certificate of occupancy, approved by the Administrator, has been
issued by the Building Official. Such permit shall state that the
building or the proposed use or the use of the land complies with
the provisions of this chapter.
Building and zoning permits or certificates of occupancy issued
on the basis of plans and applications approved by the Administrator
and Building Official authorize only the use, arrangement, and construction
set forth in such approved plans and applications, and no other use,
arrangement, or construction. Use, arrangement, or construction at
variance with that authorized shall be deemed violation of this chapter
and punishable accordingly.
[Amended 10-25-2022]
A.
Upon
receipt of a complaint, if the Administrator shall find, after an
investigation, that any of the provisions of this chapter are being
violated, he shall notify, in writing, the property owner, indicating
the nature of the violation and stating the action necessary to correct
it. This writing shall be known as a "courtesy letter" and shall include
any and all photographs taken by the Administrator. The Administrator
shall use best efforts to cooperatively resolve a zoning violation
with a property owner.
B.
If the
violation is not corrected following the courtesy letter and cooperative
efforts by the Administrator, the Administrator shall then issue a
notice of violation specifying the nature of the violation and the
corrective action required. The notice of violation shall state that
the property owner may appeal to the Board of Zoning Appeals within
30 days and shall indicate the cost of the filing fee. The notice
of violation shall also state that if the notice of violation is not
appealed to the Board of Zoning Appeals, the determination of the
zoning violation by the Administrator shall be final and unappealable.
C.
If the
zoning violation has not been corrected following expiration of the
time to appeal the notice of violation, and if no appeal has been
filed, the Administrator shall work with the County Attorney to initiate
civil proceedings to bring about corrective action by the property
owner as required by the notice of violation. Alternatively, after
all appeals have been exhausted by the property owner the Administrator
shall work with the County Attorney to initiate civil proceedings
to bring about corrective action by the property owner as required
by the notice of violation. No civil proceeding for enforcement of
the corrective action required by the notice of violation shall be
initiated by the County Attorney without formal authorization by a
majority vote of the Mathews County Board of Supervisors.
D.
In the
event that a zoning violation presents a dangerous or imminent circumstance,
with the approval of the County Administrator and the Chairman of
the Board of Supervisors, the Administrator may deviate from the procedures
outlined in this section and take such civil action, in conjunction
with the County Administrator and the County Attorney, as is appropriate
under the circumstances to protect the health, safety and welfare
of the citizens.
E.
In the
event of an extraordinary circumstance involving a zoning violation
where criminal penalties may be appropriate, the Administrator may
initiate criminal action to correct a zoning violation after obtaining
formal authorization by a majority vote of the Mathews County Board
of Supervisors.
[Amended 10-25-2022]
All departments, officials, and public employees of this jurisdiction
which are vested with the duty or authority to issue permits or licenses
shall conform to the provisions of this chapter. They 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.
The governing body shall establish by resolution a schedule
of fees, charges, expenses, and required materials, and a collection
procedure for building permits, certificates of occupancy, appeals,
and other matters pertaining to this chapter. The schedule of fees
which is adopted by reference and declared to be a part of the ordinance
shall be posted in the offices of the Administrator and may be altered
or amended only by the governing body. Sufficient fees shall be collected
to cover the cost of making inspections, issuing permits, advertising
of notices, and other expenses incident to the administration of this
chapter. Until all applicable fees, charges, and expenses have been
paid in full and all required material has been submitted, no action
shall be taken on any application or appeal and required time limitations
for review and consideration of such application or appeal shall not
commence until receipt of all applicable fees and materials.
