{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2209.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2209.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2209.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2209.html"}],"law_id":75882,"edition_id":1,"section_id":75882,"structure_id":13080,"section_number":"15.2-2209","catch_line":"Civil penalties for violations of zoning ordinance","history":"1985, c. 417, \u00a7 15.1-499.1; 1986, c. 97; 1987, cc. 78, 99; 1988, cc. 513, 813, 869, 895; 1989, c. 566; 1990, cc. 473, 495; 1992, c. 298; 1993, c. 823; 1994, c. 342; 1995, c. 494; 1996, c. 421; 1997, c.; 2003, c. 192; 2006, c. 248; 2008, c. 727; 2025, cc. 512, 587.","full_text":"A\n\nNotwithstanding subdivision A 5 of § 15.2-2286, any locality may adopt an ordinance that establishes a uniform schedule of civil penalties for violations of specified provisions of the zoning ordinance. The schedule of offenses shall not include any zoning violation resulting in injury to any persons, and the existence of a civil penalty shall not preclude action by the zoning administrator under subdivision A 4 of § 15.2-2286 or action by the governing body under § 15.2-2208.\n\t\t\tThis schedule of civil penalties shall be uniform for each type of specified violation, and the penalty for any one violation shall be a civil penalty of not more than $200 for the initial summons and not more than $500 for each additional summons.A1\n\nHowever, for any violation involving nonpermitted commercial uses in Planning District 23, the penalty shall be not more than (i) $200 for the initial violation, (ii) $1,000 for a second violation, and (iii) $1,500 for a third or subsequent violation, not to exceed an aggregate amount of $4,200 for all such violations within a 12-month period. For purposes of this section, “nonpermitted commercial uses” means any use devoted to usual and customary business purposes for the sale of goods and services when such use is not authorized or permitted under the locality’s zoning ordinance.A2\n\nHowever, for any repeat violation on property that is zoned or used for multifamily residential purposes, the penalty shall be not more than (i) $1,000 for a second violation and (ii) $1,500 for a third or subsequent violation, not to exceed an aggregate amount of $6,000 for all such violations within a 12-month period.B\n\nEach day during which the violation is found to have existed shall constitute a separate offense. However, specified violations arising from the same operative set of facts shall not be charged more frequently than once in any 10-day period, and, for violations that do not involve nonpermitted commercial uses in Planning District 23 or property that is zoned or used for multifamily residential purposes a series of specified violations arising from the same operative set of facts shall not result in civil penalties that exceed a total of $5,000. Designation of a particular zoning ordinance violation for a civil penalty pursuant to this section shall be in lieu of criminal sanctions, and except for any violation resulting in injury to persons, such designation shall preclude the prosecution of a violation as a criminal misdemeanor, provided, however, that when such civil penalties total $5,000 or more, the violation may be prosecuted as a criminal misdemeanor.C\n\nThe zoning administrator or his deputy may issue a civil summons as provided by law for a scheduled violation. Any person summoned or issued a ticket for a scheduled violation may make an appearance in person or in writing by mail to the department of finance or the treasurer of the locality prior to the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense 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. Notwithstanding a court’s authority to order the abatement or remedy of a zoning violation for any violation involving nonpermitted commercial uses in Planning District 23 or property that is zoned or used for multifamily residential purposes, any person who enters a waiver of trial and admits liability shall be required to abate or remedy such violation within a period of time specified by the locality that is no less than 30 days but no more than 24 months from the date of admission of liability.D\n\nIf 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 for by law. In any trial for a scheduled violation authorized by this section, it shall be the burden of the locality 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 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.E\n\nNo provision herein shall be construed to allow the imposition of civil penalties (i) for activities related to land development or (ii) for violation of any provision of a local zoning ordinance relating to the posting of signs on public property or public rights-of-way.","order_by":null,"text":{"0":{"id":272454,"text":"Notwithstanding subdivision A 5 of § 15.2-2286, any locality may adopt an ordinance that establishes a uniform schedule of civil penalties for violations of specified provisions of the zoning ordinance. The schedule of offenses shall not include any zoning violation resulting in injury to any persons, and the existence of a civil penalty shall not preclude action by the zoning administrator under subdivision A 4 of § 15.2-2286 or action by the governing body under § 15.2-2208.\n\t\t\tThis schedule of civil penalties shall be uniform for each type of specified violation, and the penalty for any one violation shall be a civil penalty of not more than $200 for the initial summons and not more than $500 for each additional summons.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":272455,"text":"However, for any violation involving nonpermitted commercial uses in Planning District 23, the penalty shall be not more than (i) $200 for the initial violation, (ii) $1,000 for a second violation, and (iii) $1,500 for a third or subsequent violation, not to exceed an aggregate amount of $4,200 for all such violations within a 12-month period. For purposes of this section, “nonpermitted commercial uses” means any use devoted to usual and customary business purposes for the sale of goods and services when such use is not authorized or permitted under the locality’s zoning ordinance.","type":"section","prefixes":["A1"],"prefix":"A1","entire_prefix":"A1","prefix_anchor":"A1","level":1,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":272456,"text":"However, for any repeat violation on property that is zoned or used for multifamily residential purposes, the penalty shall be not more than (i) $1,000 for a second violation and (ii) $1,500 for a third or subsequent violation, not to exceed an aggregate amount of $6,000 for all such violations within a 12-month period.","type":"section","prefixes":["A2"],"prefix":"A2","entire_prefix":"A2","prefix_anchor":"A2","level":1,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":272457,"text":"Each day during which the violation is found to have existed shall constitute a separate offense. However, specified violations arising from the same operative set of facts shall not be charged more frequently than once in any 10-day period, and, for violations that do not involve nonpermitted commercial uses in Planning District 23 or property that is zoned or used for multifamily residential purposes a series of specified violations arising from the same operative set of facts shall not result in civil penalties that exceed a total of $5,000. Designation of a particular zoning ordinance violation for a civil penalty pursuant to this section shall be in lieu of criminal sanctions, and except for any violation resulting in injury to persons, such designation shall preclude the prosecution of a violation as a criminal misdemeanor, provided, however, that when such civil penalties total $5,000 or more, the violation may be prosecuted as a criminal misdemeanor.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":272458,"text":"The zoning administrator or his deputy may issue a civil summons as provided by law for a scheduled violation. Any person summoned or issued a ticket for a scheduled violation may make an appearance in person or in writing by mail to the department of finance or the treasurer of the locality prior to the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense 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. Notwithstanding a court’s authority to order the abatement or remedy of a zoning violation for any violation involving nonpermitted commercial uses in Planning District 23 or property that is zoned or used for multifamily residential purposes, any person who enters a waiver of trial and admits liability shall be required to abate or remedy such violation within a period of time specified by the locality that is no less than 30 days but no more than 24 months from the date of admission of liability.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"5":{"id":272459,"text":"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 for by law. In any trial for a scheduled violation authorized by this section, it shall be the burden of the locality 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 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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"6":{"id":272460,"text":"No provision herein shall be construed to allow the imposition of civil penalties (i) for activities related to land development or (ii) for violation of any provision of a local zoning ordinance relating to the posting of signs on public property or public rights-of-way.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13080,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12774,"metadata":{},"date_created":"2026-06-26 03:44:15","date_modified":"2026-06-26 03:44:15","permalink":{"id":154797,"object_type":"structure","relational_id":13080,"identifier":"1","token":"15.2\/II\/22\/1","url":"\/15.2\/II\/22\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12774,"edition_id":1,"name":"Planning, Subdivision of Land and Zoning","identifier":"22","label":"chapter","depth":3,"order_by":1,"parent_id":12733,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":154795,"object_type":"structure","relational_id":12774,"identifier":"22","token":"15.2\/II\/22","url":"\/15.2\/II\/22\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12733,"edition_id":1,"name":"Powers of Local Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":152369,"object_type":"structure","relational_id":12733,"identifier":"II","token":"15.2\/II","url":"\/15.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":67218,"structure_id":13080,"section_number":"15.2-2200","catch_line":"Declaration of legislative intent","url":"\/15.2-2200\/","token":"15.2\/II\/22\/1\/15.2-2200","metadata":false},{"id":77758,"structure_id":13080,"section_number":"15.2-2201","catch_line":"Definitions","url":"\/15.2-2201\/","token":"15.2\/II\/22\/1\/15.2-2201","metadata":false},{"id":73449,"structure_id":13080,"section_number":"15.2-2202","catch_line":"Duties of state agencies; electric utilities","url":"\/15.2-2202\/","token":"15.2\/II\/22\/1\/15.2-2202","metadata":false},{"id":63989,"structure_id":13080,"section_number":"15.2-2203","catch_line":"Existing planning commissions and boards of zoning appeals; validation of plans previously adopted","url":"\/15.2-2203\/","token":"15.2\/II\/22\/1\/15.2-2203","metadata":false},{"id":73996,"structure_id":13080,"section_number":"15.2-2204","catch_line":"Advertisement of plans, ordinances, etc.; joint public hearings; written notice of certain amendments","url":"\/15.2-2204\/","token":"15.2\/II\/22\/1\/15.2-2204","metadata":false},{"id":78283,"structure_id":13080,"section_number":"15.2-2205","catch_line":"Additional notice of planning or zoning matters","url":"\/15.2-2205\/","token":"15.2\/II\/22\/1\/15.2-2205","metadata":false},{"id":65873,"structure_id":13080,"section_number":"15.2-2206","catch_line":"When locality may require applicant to give notice; how given","url":"\/15.2-2206\/","token":"15.2\/II\/22\/1\/15.2-2206","metadata":false},{"id":64104,"structure_id":13080,"section_number":"15.2-2207","catch_line":"Public notice of juvenile residential care facilities in certain localities","url":"\/15.2-2207\/","token":"15.2\/II\/22\/1\/15.2-2207","metadata":false},{"id":72291,"structure_id":13080,"section_number":"15.2-2208","catch_line":"Restraining violations of chapter","url":"\/15.2-2208\/","token":"15.2\/II\/22\/1\/15.2-2208","metadata":false},{"id":60413,"structure_id":13080,"section_number":"15.2-2208.1","catch_line":"Damages for unconstitutional grant or denial by locality of certain permits and approvals","url":"\/15.2-2208.1\/","token":"15.2\/II\/22\/1\/15.2-2208.1","metadata":false},{"id":55396,"structure_id":13080,"section_number":"15.2-2208.2","catch_line":"Damages for an enforcement action undertaken by a locality with willful disregard for applicable law","url":"\/15.2-2208.2\/","token":"15.2\/II\/22\/1\/15.2-2208.2","metadata":false},{"id":75882,"structure_id":13080,"section_number":"15.2-2209","catch_line":"Civil penalties for violations of zoning ordinance","url":"\/15.2-2209\/","token":"15.2\/II\/22\/1\/15.2-2209","metadata":false},{"id":76085,"structure_id":13080,"section_number":"15.2-2209.1","catch_line":"Extension of approvals to address housing crisis","url":"\/15.2-2209.1\/","token":"15.2\/II\/22\/1\/15.2-2209.1","metadata":false},{"id":54128,"structure_id":13080,"section_number":"15.2-2209.1:1","catch_line":"Extension of approvals to address the COVID-19 pandemic","url":"\/15.2-2209.1_1\/","token":"15.2\/II\/22\/1\/15.2-2209.1_1","metadata":false},{"id":55192,"structure_id":13080,"section_number":"15.2-2209.1:2","catch_line":"Extension of land use approvals for solar photovoltaic projects","url":"\/15.2-2209.1_2\/","token":"15.2\/II\/22\/1\/15.2-2209.1_2","metadata":false},{"id":83217,"structure_id":13080,"section_number":"15.2-2209.2","catch_line":"Public infrastructure maintenance bonds","url":"\/15.2-2209.2\/","token":"15.2\/II\/22\/1\/15.2-2209.2","metadata":false},{"id":64238,"structure_id":13080,"section_number":"15.2-2209.3","catch_line":"Residential land development and construction fee transparency; annual report","url":"\/15.2-2209.3\/","token":"15.2\/II\/22\/1\/15.2-2209.3","metadata":false}],"previous_section":{"id":55396,"structure_id":13080,"section_number":"15.2-2208.2","catch_line":"Damages for an enforcement action undertaken by a locality with willful disregard for applicable law","url":"\/15.2-2208.2\/","token":"15.2\/II\/22\/1\/15.2-2208.2","metadata":false},"next_section":{"id":76085,"structure_id":13080,"section_number":"15.2-2209.1","catch_line":"Extension of approvals to address housing crisis","url":"\/15.2-2209.1\/","token":"15.2\/II\/22\/1\/15.2-2209.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-2209\/","history_text":"

This law was first created in 1985. The record of its establishment is cataloged in chapter 417 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1985 \u201cActs\u201d aren\u2019t available online. It has been modified 14 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1986, chapter 97; in 1987, chapters 78 and 99; in 1988, chapters 513, 813, 869, and 895; in 1989, chapter 566; in 1990, chapters 473 and 495; in 1992, chapter 298; in 1993, chapter 823; in 1994, chapter 342<\/a>; in 1995, chapter 494<\/a>; in 1996, chapter 421<\/a>; in 2003, chapter 192<\/a>; in 2006, chapter 248<\/a>; in 2008, chapter 727<\/a>; in 2025, chapters 512<\/a> and 587<\/a>.<\/p>","references":[{"id":67238,"section_number":"15.2-2286","catch_line":"Permitted provisions in zoning ordinances; amendments; applicant to pay delinquent taxes; penalties","order_by":null,"url":"\/15.2-2286\/"}],"refers_to":[{"id":72291,"section_number":"15.2-2208","catch_line":"Restraining violations of chapter","order_by":null,"url":"\/15.2-2208\/"},{"id":67238,"section_number":"15.2-2286","catch_line":"Permitted provisions in zoning ordinances; amendments; applicant to pay delinquent taxes; penalties","order_by":null,"url":"\/15.2-2286\/"}],"permalink":{"id":154843,"object_type":"law","relational_id":75882,"identifier":"15.2-2209","token":"15.2\/II\/22\/1\/15.2-2209","url":"\/15.2-2209\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2209\/","token":"15.2\/II\/22\/1\/15.2-2209","dublin_core":{"Title":"Civil penalties for violations of zoning ordinance","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2209","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding subdivision A 5 of § 15.2-2286<\/a>, any locality<\/span> may adopt an ordinance<\/span> that establishes a uniform schedule of civil penalties for violations of specified provisions of the zoning<\/span> ordinance<\/span>. The schedule of offenses<\/span> shall not include any zoning<\/span> violation resulting in injury to any persons, and the existence of a civil penalty<\/span> shall not preclude action by the zoning<\/span> administrator under subdivision A 4 of § 15.2-2286<\/a> or action by the governing body<\/span> under § 15.2-2208<\/a>.\n\t\t\tThis schedule of civil penalties shall be uniform for each type of specified violation, and the penalty<\/span> for any one violation shall be a civil penalty<\/span> of not more than $200 for the initial summons<\/span> and not more than $500 for each additional summons<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A1.<\/span> However, for any violation involving nonpermitted commercial uses<\/span> in Planning District 23, the penalty<\/span> shall be not more than (i) $200 for the initial violation, (ii) $1,000 for a second violation, and (iii) $1,500 for a third or subsequent violation, not to exceed an aggregate amount of $4,200 for all such violations within a 12-month period. For purposes of this section, “nonpermitted commercial uses<\/span>” means any use devoted to usual and customary business purposes for the sale of goods and services when such use is not authorized or permitted under the locality<\/span>’s zoning<\/span> ordinance<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A2.<\/span> However, for any repeat violation on property that is zoned or used for multifamily residential purposes, the penalty<\/span> shall be not more than (i) $1,000 for a second violation and (ii) $1,500 for a third or subsequent violation, not to exceed an aggregate amount of $6,000 for all such violations within a 12-month period. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Each day during which the violation is found to have existed shall constitute a separate offense<\/span>. However, specified violations arising from the same operative set of facts<\/span> shall not be charged more frequently than once in any 10-day period, and, for violations that do not involve nonpermitted commercial uses<\/span> in Planning District 23 or property that is zoned or used for multifamily residential purposes a series of specified violations arising from the same operative set of facts<\/span> shall not result in civil penalties that exceed a total of $5,000. Designation of a particular zoning<\/span> ordinance<\/span> violation for a civil penalty<\/span> pursuant to this section shall be in lieu of criminal sanctions<\/span>, and except for any violation resulting in injury to persons, such designation shall preclude the prosecution<\/span> of a violation as a criminal misdemeanor<\/span>, provided, however, that when such civil penalties total $5,000 or more, the violation may be prosecuted as a criminal misdemeanor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The zoning<\/span> administrator or his deputy may issue<\/span> a civil summons<\/span> as provided by law<\/span> for a scheduled violation. Any person summoned or issued a ticket for a scheduled violation may make an appearance<\/span> in person or in writing by mail to the department of finance or the treasurer of the locality<\/span> prior to the date fixed for trial<\/span> in court<\/span>. Any person so appearing may enter a waiver<\/span> of trial<\/span>, admit liability, and pay the civil penalty<\/span> established for the offense<\/span> charged. Such persons shall be informed of their right to stand trial<\/span> and that a signature to an admission of liability will have the same force and effect as a judgment<\/span> of court<\/span>. Notwithstanding a court<\/span>’s authority to order<\/span> the abatement or remedy of a zoning<\/span> violation for any violation involving nonpermitted commercial uses<\/span> in Planning District 23 or property that is zoned or used for multifamily residential purposes, any person who enters a waiver<\/span> of trial<\/span> and admits liability shall be required to abate or remedy such violation within a period of time specified by the locality<\/span> that is no less than 30 days but no more than 24 months from the date of admission of liability. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If a person charged with a scheduled violation does not elect to enter a waiver<\/span> of trial<\/span> and admit liability, the violation shall be tried in the general district court<\/span> in the same manner and with the same right of appeal<\/span> as provided for by law<\/span>. In any trial<\/span> for a scheduled violation authorized by this section, it shall be the burden of the locality<\/span> to show the liability of the violator by a preponderance of the evidence<\/span>. If the violation remains uncorrected at the time of the admission of liability or finding<\/span> of liability, the court<\/span> may order<\/span> the violator to abate or remedy the violation in order<\/span> to comply with the zoning<\/span> ordinance<\/span>. Except as otherwise provided by the court<\/span> for good cause shown, any such violator shall abate or remedy the violation within a period of time as determined by the court<\/span>, but not later than six months of the date of admission of liability or finding<\/span> of liability. Each day during which the violation continues after the court<\/span>-ordered abatement period has ended shall constitute a separate offense<\/span>. An admission of liability or finding<\/span> of liability shall not be a criminal conviction<\/span> for any purpose. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> No provision herein shall be construed to allow the imposition of civil penalties (i) for activities related to land development<\/span> or (ii) for violation of any provision of a local zoning<\/span> ordinance<\/span> relating to the posting of signs on public property or public rights-of-way. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCIVIL PENALTIES FOR VIOLATIONS OF ZONING ORDINANCE (\u00a7 15.2-2209)\n\nA. Notwithstanding subdivision A 5 of § 15.2-2286, any locality may adopt\nan ordinance that establishes a uniform schedule of civil penalties for\nviolations of specified provisions of the zoning ordinance. The schedule of\noffenses shall not include any zoning violation resulting in injury to any\npersons, and the existence of a civil penalty shall not preclude action by the\nzoning administrator under subdivision A 4 of § 15.2-2286 or action by the\ngoverning body under § 15.2-2208.\n\t\t\tThis schedule of civil penalties shall be uniform for each type of specified\nviolation, and the penalty for any one violation shall be a civil penalty of not\nmore than $200 for the initial summons and not more than $500 for each\nadditional summons.\n\nA1. However, for any violation involving nonpermitted commercial uses in\nPlanning District 23, the penalty shall be not more than (i) $200 for the\ninitial violation, (ii) $1,000 for a second violation, and (iii) $1,500 for a\nthird or subsequent violation, not to exceed an aggregate amount of $4,200 for\nall such violations within a 12-month period. For purposes of this section,\n“nonpermitted commercial uses” means any use devoted to usual and\ncustomary business purposes for the sale of goods and services when such use is\nnot authorized or permitted under the locality’s zoning ordinance.\n\nA2. However, for any repeat violation on property that is zoned or used for\nmultifamily residential purposes, the penalty shall be not more than (i) $1,000\nfor a second violation and (ii) $1,500 for a third or subsequent violation, not\nto exceed an aggregate amount of $6,000 for all such violations within a\n12-month period.\n\nB. Each day during which the violation is found to have existed shall constitute\na separate offense. However, specified violations arising from the same\noperative set of facts shall not be charged more frequently than once in any\n10-day period, and, for violations that do not involve nonpermitted commercial\nuses in Planning District 23 or property that is zoned or used for multifamily\nresidential purposes a series of specified violations arising from the same\noperative set of facts shall not result in civil penalties that exceed a total\nof $5,000. Designation of a particular zoning ordinance violation for a civil\npenalty pursuant to this section shall be in lieu of criminal sanctions, and\nexcept for any violation resulting in injury to persons, such designation shall\npreclude the prosecution of a violation as a criminal misdemeanor, provided,\nhowever, that when such civil penalties total $5,000 or more, the violation may\nbe prosecuted as a criminal misdemeanor.\n\nC. The zoning administrator or his deputy may issue a civil summons as provided\nby law for a scheduled violation. Any person summoned or issued a ticket for a\nscheduled violation may make an appearance in person or in writing by mail to\nthe department of finance or the treasurer of the locality prior to the date\nfixed for trial in court. Any person so appearing may enter a waiver of trial,\nadmit liability, and pay the civil penalty established for the offense charged.\nSuch persons shall be informed of their right to stand trial and that a\nsignature to an admission of liability will have the same force and effect as a\njudgment of court. Notwithstanding a court’s authority to order the\nabatement or remedy of a zoning violation for any violation involving\nnonpermitted commercial uses in Planning District 23 or property that is zoned\nor used for multifamily residential purposes, any person who enters a waiver of\ntrial and admits liability shall be required to abate or remedy such violation\nwithin a period of time specified by the locality that is no less than 30 days\nbut no more than 24 months from the date of admission of liability.\n\nD. If a person charged with a scheduled violation does not elect to enter a\nwaiver of trial and admit liability, the violation shall be tried in the general\ndistrict court in the same manner and with the same right of appeal as provided\nfor by law. In any trial for a scheduled violation authorized by this section,\nit shall be the burden of the locality to show the liability of the violator by\na preponderance of the evidence. If the violation remains uncorrected at the\ntime of the admission of liability or finding of liability, the court may order\nthe violator to abate or remedy the violation in order to comply with the zoning\nordinance. Except as otherwise provided by the court for good cause shown, any\nsuch violator shall abate or remedy the violation within a period of time as\ndetermined by the court, but not later than six months of the date of admission\nof liability or finding of liability. Each day during which the violation\ncontinues after the court-ordered abatement period has ended shall constitute a\nseparate offense. An admission of liability or finding of liability shall not be\na criminal conviction for any purpose.\n\nE. No provision herein shall be construed to allow the imposition of civil\npenalties (i) for activities related to land development or (ii) for violation\nof any provision of a local zoning ordinance relating to the posting of signs on\npublic property or public rights-of-way.\n\nHISTORY: 1985, c. 417, \u00a7 15.1-499.1; 1986, c. 97; 1987, cc. 78, 99; 1988, cc.\n513, 813, 869, 895; 1989, c. 566; 1990, cc. 473, 495; 1992, c. 298; 1993, c.\n823; 1994, c. 342; 1995, c. 494; 1996, c. 421; 1997, c.; 2003, c. 192; 2006, c.\n248; 2008, c. 727; 2025, cc. 512, 587.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}