Division IV. Administration and Enforcement
Chapter 18.195
ADMINISTRATION AND ENFORCEMENT
Sections:
18.195.010 Designation of zoning administrator – Powers and duties – Authority.
18.195.020 Board of zoning appeals.
18.195.030 Planning commission.
18.195.040 Payment of delinquent taxes required.
18.195.010 Designation of zoning administrator – Powers and duties – Authority.
(1) The provisions of this title shall be administered by the zoning administrator or designee as zoning administrator who shall be appointed by city council and is authorized and empowered on behalf of and in the name of the city council to administer and enforce the provisions and requirements of this title.
(2) The zoning administrator may also hold another office for the city of Staunton.
(3) The zoning administrator shall have all necessary authority on behalf of the city council to administer and enforce this title. This authority includes, but is not limited to:
(a) Interpreting this title and the official zoning map;
(b) The ordering in writing of the remedying of any condition found in violation of this title;
(c) Ensuring compliance with this title, bringing legal action, including injunction, abatement, or other appropriate action or proceeding, subject to appeal pursuant to Section 15.2-2311 of the Code of Virginia;
(d) In specific cases, make findings of fact and, with concurrence of the city attorney, conclusions of law regarding determination of rights regarding vested rights and nonconforming uses in accordance with Section 15.2-2307 or subsection C of Section 15.2-2311 of the Code of Virginia;
(e) Issuing and renewing where applicable all temporary use permits and making and maintaining records thereof;
(f) Maintaining and keeping current zoning maps and records of amendments thereto;
(g) Conducting inspections as prescribed by this title and such other inspections as are necessary to ensure compliance with the various provisions of this title;
(h) In addition to any other site plan requirement established in the city code, as may be determined necessary, requiring a site plan to be filed in order to demonstrate compliance with all provisions of this title; and
(i) Taking such other action as may be authorized by law.
(4) The zoning administrator shall respond within 90 days of a request for a decision or determination on zoning matters within the scope of his authority unless the requester has agreed to a longer period.
(5) The zoning administrator is vested with all necessary authority on behalf of the city council to administer and enforce conditions attached to a rezoning, an amendment to a zoning map, or a special use permit in the same manner as described above for any violation of this title.
(6) Failure to comply with this title shall constitute cause for the zoning administrator to deny the issuance of any of the required use, occupancy, or building permits as may be appropriate. (Ord. 2022-27; Ord. 2017-03; Ord. 2011-08. Zoning ordinance Art. 7, § 1).
18.195.020 Board of zoning appeals.
(1) The establishment of the Staunton board of zoning appeals, hereafter referred to as the “board,” is hereby established. The board shall be composed of five residents of Staunton who are not members of any governing body. The members shall be appointed by the circuit court. Each board member appointed shall serve for a term of five years and be removable for cause as provided by law. Vacancies shall be filled by the appointing authority for the unexpired term of any member whose office becomes vacant.
(2) The board shall elect a chairman from its membership, shall appoint a secretary, and shall prescribe rules for the conduct of its affairs. The board shall meet at the call of the chairman, and at such other times as the board may determine, at a fixed time and place. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. It shall have power to call on any other city departments for assistance in the performance of its duties, and it shall be the duty of such other departments to render all such assistance as may be reasonably required consistent with law.
(3) Powers of the Board of Zoning Appeals. The board, to the extent authorized by provisions of the Virginia Code, has the authority to compel the attendance of witnesses at hearings and to administer oaths, and it shall have the powers and duties as otherwise prescribed by law. (Ord. 2009-04. Zoning ordinance Art. 7, § 1).
18.195.030 Planning commission.
The planning commission shall:
(1) Establish such rules of procedure as are necessary to the performance of its functions hereunder.
(2) Review all applications for uses permitted on review in accordance with Chapter 18.210 SCC and this division.
(3) Study and report on all proposed amendments to this title; further, review annually this title and, on the basis of such review, suggest amendments thereto. (Ord. 2009-04. Zoning ordinance Art. 7, § 1).
18.195.040 Payment of delinquent taxes required.
(1) Prior to the initiation of any application hereunder for any special exception, special-use permit, variance, rezoning, plat approval, or any other land-use permit, including building permits or certificates of occupancy, the applicant shall produce satisfactory evidence that any delinquent real estate taxes owed to the city, which have been properly assessed against the subject property, have been paid.
(2) The foregoing requirement shall not be applicable to any rezoning of real property initiated by the planning commission or by the city council. (Zoning ordinance Art. 7, § 1).