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Meeting Date: June 27, 2017
Title: CA17-0004: Ordinance No. 23-170- Enforcement
Type: Action, Resolution, Public Hearing, Ordinance, Power Point Presentation
Agenda Title: CA17-0004: Ordinance No. 23-170- Enforcement
Recommendation:

The Planning Commission recommends approval of CA17-0004: Ordinance No. 23-170- Enforcement (vote 7-0).

 

 Staff recommends that the Board of Supervisors approve CA17-0004: Ordinance No. 23-170- Enforcement.

Summary:

CA17-0004: Ordinance No. 23-170- Enforcement

 

Amendments to Chapter 23, Article 9- Substantively no deviations from current Zoning Enforcement practices have been proposed as part of this amendment proposal. Legal clarifications have been added to 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 (a), Zoning Administration and Enforcement functions have been clarified to include designees of the Zoning Administrator (Zoning Staff). In Sec. 23-9.1.1, Enforcement responsibilities (d), reference to prohibition of Building Permit has been replaced by reference to prohibition of a Zoning Permit issuance in instances where a violation to the Zoning Ordinance has been issued has been corrected.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 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. 

Committee/Commission Summary: Planning Commission
Review Date: May 17, 2017 Status: Approved
Financial Impact: N/A
Staff Contacts: Wanda Parrish, Planning Director, Jacob Pastwik, Planner III
Legal Counsel: Alexandra Spaulding, Senior Assistant County Attorney
Additional Background/Other Considerations: The impetus for ongoing review and update efforts within the Zoning Ordinance is driven by Vision Strategy A.5 of the Spotsylvania County Comprehensive Plan. This is a Comprehensive Plan Implementation Item. The Planning Commission authorized public hearing for CA17-0004 (Ord. No. 23-170) on April 5, 2017.
Consequence of Denial/Inaction: Chapter 23, Article 9 will remain as presently adopted.
 
ATTACHMENTS:
Name: Description: Type:
Ord_23-170_Amendment_Form-_Enforcement.docx Ord 23-170 Amendment Form- Enforcement Ordinance
CA17-0004_BOS_PH_PPT_Presentation.pptx Presentation Presentation
May_17_2017_Planning_Commission_PH_Minutes.pdf May 17, 2017 Planning Commission Public Hearing Minutes Minutes
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