Staff recommends that the Planning Commission initiate the proposed ordinance amendment for public hearing with the following motion: Based upon the public necessity, convenience, the general welfare, good zoning practices and compliance with the Virginia Code, I move that the Planning Commission initiate changes to the Spotsylvania County Ordinances found in Chapter 23 amending and adding provisions related to Article 9- Enforcement (Ordinance 23-170).

DRAFT Ordinance 23-170: Chapter 23, Article 9- Enforcement

Amendments to Chapter 23, Article 9- Enforcement are proposed to strengthen the clarity of the ordinance as it relates to County Zoning Enforcement. Substantively no deviations from current Zoning Enforcement practices have been proposed as part of this amendment proposal. Legal clarifications have been added to further enforce and accurately portray enforcement functions. To be consistent with other Code sections the draft also adds capitalizations where: County Code references have been made; County forms or County Permits are referenced; County position titles such as the Zoning Administrator are referenced.  In Sec. 23-9.1.1, Enforcement responsibilities (d), reference to prohibition of Building Permit has been replaced by reference to prohibition of a Zoning Permit issuance in instances where a violation to the Zoning Ordinance has been issued has been corrected. Interpretation and enforcement of the Zoning Ordinance is the responsibility of the Zoning Administrator and/or his or her designees. Zoning therefore has responsibility over issuance of Zoning Permits, not Building Permits. The proposed amendment reflects this correction.  Sec. 23-9.1.3- Injunctive relief and other civil remedies strikes reference to “attempted violations” being abated by injunction or other legal proceeding as an actual violation of the Zoning Ordinance needs to occur to warrant enforcement action.