§ 1-1013. Zoning permit and occupancy permit guidelines.

A.

When is a zoning permit required.

1.

A zoning permit shall be required for the erection, construction, reconstruction, moving, adding to, enlargement or alteration of any structure, or the establishment of any land use, except for bona fide agricultural uses, such as raising of crop or livestock, permitted by right under the provisions of this ordinance.

2.

No permanent sign may be erected without first obtaining a zoning permit in accordance with this ordinance.

3.

No building or other structure except accessory farm structures shall be razed, demolished, or removed, either entirely or in part, nor shall any of said activities be commenced, without a zoning permit.

4.

Additional permits may be required to enforce the provisions of this ordinance.

B.

Exemption from zoning permit. .....The following uses do not require a zoning permit for erection, construction, reconstruction, moving, adding to, enlargement or alteration:

1.

Streets.

2.

Electric power, telephone, cable television, gas, water, and sewer lines, street lights, wires or pipes, together with supporting, poles or structures, and traffic control signs located within a public right-of-way.

C.

Zoning permit applications.

1.

All applicants for a zoning permit shall be accompanied by such plans and information as the zoning administrator deems to be necessary and appropriate to determine compliance and provide for enforcement of this ordinance.

2.

If this ordinance requires approval by another agency of certain site plan features, such approval shall be obtained prior to issuance of a zoning permit, unless deemed unnecessary by the zoning administrator due to the scope and nature of the proposed project or development.

3.

If the zoning permit involves the subdivision of land, an approved subdivision plat shall be required.

D.

Zoning permit approval. .....A zoning permit shall not be issued unless and until the site plan and project proposal complies with applicable established design criteria, construction standards, and specifications for all improvements as may be required by this ordinance.

E.

Expiration of permits. .....All permits shall expire automatically if, within six (6) months after the issuance of such permits:

1.

The use authorized by such zoning and/or other permit has not commenced, in circumstances where no substantial construction, erection, alteration, excavation, demolition, or similar work is necessary before commencement of such use; or

2.

If, after some physical alteration to land or structures begins to take place, such work is discontinued for a period of six (6) months, then the permit authorizing such work shall immediately expire. However, expiration of the permit shall not affect the provisions of severability, subsection 1-1012.A.

F.

General description of occupancy permit.

1.

No person shall use or permit the use of any structure or premises or part thereof hereafter created, erected, changed, converted, enlarged or moved, wholly or partly, until an occupancy permit shall have been issued by the building official.

2.

No building, or other structure, or land shall be used, nor shall any building, structure, or land be converted, wholly or in part, to any other use, except for bona fide agricultural uses permitted by right under the provisions of this ordinance, until an occupancy permit has been issued by the building official.

3.

Such permits shall show that the structure or use, or both, or the premises, or the affected part thereof, are in conformity with the provisions of this ordinance.

4.

It shall be the duty of the building official to issue such permit if it is found that all of the provisions of this ordinance have been met and to withhold such permit unless all requirements of this ordinance have been met. If an occupancy permit is not issued, written notice shall be given to the applicant stating why an occupancy permit cannot be issued.

5.

Upon written request from the owner, and upon inspection to determine the facts in the case, the building official shall issue an occupancy permit for any building premises or use that is in conformity with the provisions of this ordinance or where a legal nonconformity exists, as determined by the zoning administrator.

G.

Temporary or partial occupancy permit.

1.

The building official at his discretion may issue a temporary occupancy permit with a recommendation from the zoning administrator for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion in accordance with general rules or regulations concerning such additional conditions and/or safeguards as are necessary, in the circumstances of the case, to protect the safety of the general public. The occupancy permit recipient may be required to provide a performance bond or other security satisfactory to the zoning administrator and approved as to form by the county attorney to ensure that all of the requirements of this ordinance will be fulfilled within a reasonable period determined by the zoning administrator.

2.

A final occupancy permit may be issued for any appropriate complete building or part of a building located in a part of the total area or any approved site plan, provided:

a.

The other on-site construction and improvements included in the approved site plan for the section have been inspected and accepted by the county and other appropriate agencies and, at the discretion of the zoning administrator, a certified "as built" site plan has been submitted for review and approval prior to the proposed date of occupancy.

b.

The off-site improvements related to and necessary to serve the section have been completed, inspected and accepted by the county, the Virginia Department of Transportation or other appropriate agencies; and the developer has submitted a certified "as built" drawing for the section; or the developer has provided surety acceptable to the zoning administrator and approved as to form the by the county attorney.

H.

Enforcement and review.

1.

Zoning permit authorization.

a.

Zoning and occupancy permits issued on the basis of plans and applications approved by the zoning administrator shall authorize only the use, arrangement and construction set forth in such permits, plans, and certificates, and no other. The use, arrangement, or construction at variance with that authorization shall be deemed a violation of this ordinance.

b.

All departments, officials and public employees of Isle of Wight County, which are vested with the duty or authority to issue permits or licenses, shall do so in conformance with the provisions of this ordinance. Such departments and personnel shall issue certifications or permits for uses, buildings or purposes only when they are in harmony with the provisions of this ordinance. Any such certification or permit, if issued in conflict with the provisions of this ordinance, shall be null and void.

I.

Complaints regarding violations. .....Whenever the zoning administrator receives a written, signed complaint or a duly completed complaint form alleging a violation of this ordinance, he shall investigate the complaint, take whatever action is warranted, and inform the complainant of what actions have been or will be taken.

J.

Persons liable. .....The owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this ordinance may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.

K.

Procedures upon discovery of violations.

1.

If the zoning administrator finds that any provision of this ordinance is being violated, a written notice shall be forwarded to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it.

2.

In cases when delay would seriously threaten the effective enforcement of this ordinance or pose a danger to the public health, safety, or welfare, the zoning administrator may seek enforcement without prior written notice by posting an order to "cease and desist", and by invoking any of the penalties or remedies authorized in this ordinance.

3.

The zoning administrator in consultation with the county attorney may pursue other legal remedies as may be necessary.

L.

Penalties and remedies for violations.

1.

Violating, causing or permitting the violation of, or otherwise disregarding any of the provisions of this chapter by any person, firm or corporation, whether as principal, agent, owner lessee, employee or other similar position, shall be unlawful and is subject to the following:

a.

Criminal sanctions. .....Upon conviction, shall be guilty of a misdemeanor and shall be fined not less than ten dollars ($10.00), nor more than one thousand dollars ($1,000.00). Failure to remove or abate a zoning violation 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 thirty-day period shall constitute a separate misdemeanor offense for each thirty-day period punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00).

b.

Injunctive relief. .....Any violation or attempted violation of this chapter may be restrained, corrected or abated as the case may be by injunction or other appropriate relief.

c.

Civil penalties.

i.

Each day during which a violation is found to exist shall be a separate offense. However, in no event shall specified violation arising from the same set of operative facts be charged more frequently than one (1) in a ten-day period and in no event shall a series of such violations result in civil penalties of more than five thousand dollars ($5,000.00). Such civil penalty shall be in lieu of criminal sanctions. However, in the event such civil penalties total five thousand dollars ($5,000.00) or more, the violation may be prosecuted as a criminal misdemeanor.

ii.

The zoning administrator and his designee may issue a civil summons as provided by law for a scheduled violation. Any person summoned for a scheduled violation may make an appearance in person or in writing by mail to the county treasurer prior to the date fixed for trial in court. Any person as appearing may enter a waiver of trial, admit liability and pay the civil penalty established for the offense(s) charged. Such persons shall be informed of their right to stand trial and that a signature to an admission of liability will have the same force and effect as a judgment of court.

iii.

If a person charged with a scheduled 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. In any trial for a violation, it shall be the burden of the zoning administrator or his or her designee to show the liability of the violator by a preponderance of the evidence. If the violation remains uncorrected at the time of the admission of liability or finding of liability, the court may order the violator to abate or remedy the violation in order to comply with the zoning ordinance. Except as otherwise provided by the court for good cause shown, any such violator shall abate or remedy the violation within a period of time as determined by the court, but not later than six (6) months of the date of admission of liability or finding of liability. Each day during which the violation continues after the court-ordered abatement period has ended shall constitute a separate offense. An admission of liability or finding of liability shall not be a criminal conviction for any purpose.

d.

[Offenses.] .....No provision herein shall be construed to allow the imposition of civil penalties for:

i.

Enforcement of the Uniform Statewide Building Code;

ii.

Activities related to land development or activities related to the construction or repair of buildings and other structures;

iii.

Violations of the erosion and sediment control ordinance;

iv.

Violations resulting in injury to any person or persons. (7-7-05; Ord. No. 2011-10-C, 6-16-11; 7-19-18.)