Highlighted below: 15 of 21 extracted standards. Sections and highlights carry their own anchors. The rest quote wording that differs from this rendering of the text.

Chapter 18 - BUILDINGS AND BUILDING REGULATIONS#

Footnotes:#

(1) ---

Cross reference— Standing committees of council, § 2-32; environment, ch. 26; fire prevention and protection, ch. 30; streets, sidewalks and other public places, ch. 50; taxation, ch. 54; utilities, ch. 62.

State Law reference— Access to and use of buildings by handicapped, Code of Virginia, § 2.1-517; dangerous buildings and other structures, Code of Virginia, § 15.1-11.2; certification of tradesmen, Code of Virginia, §§ 15.1-11.4, 36-99.1; regulations concerning the building of houses, Code of Virginia, § 15.1-15(1); fences around swimming pools, Code of Virginia, § 15.1-29; display of numbers on buildings, Code of Virginia, § 15.1-29.11; buildings, monuments and lands of local governments, Code of Virginia, § 15.1-257 et seq.; buildings for municipal functions, purposes, etc., Code of Virginia, § 15.1-846; light, ventilation and sanitation of buildings and premises, Code of Virginia, § 15.1-869; Virginia Industrialized Building Safety Law, Code of Virginia, § 36-70 et seq.; Uniform Statewide Building Code, Code of Virginia, § 36-97 et seq.; local licensing of certain contractors, Code of Virginia, § 54.1-1117.

ARTICLE I. - FLOODPLAINS#

Footnotes:#

(2) ---

Editor's note— Ordinance of 6-15-09(1), adopted June 15, 2009, added new §§ 18-1—18-7, pertaining to floodplains. For purposes of classification, the editor has redesignated these provisions as a new art. I. Former art. I was titled "In General."

Sec. 18-1. - General provisions.#

(a) Purpose. The purpose of these provisions is to prevent the loss of life and property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:

(1) Regulating uses, activities, and development which, alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies;

(2) Restricting or prohibiting certain uses, activities, and development from locating within districts subject to flooding;

(3) Requiring all those uses, activities, and developments that do occur in flood-prone districts to be protected and/or flood-proofed against flooding and flood damage; and

(4) Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards.

(b) Applicability. These provisions shall apply to all lands within the jurisdiction of Blackstone and identified as being in the 100-year floodplain by the Federal Insurance Administration.

(1) No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this article and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this article.

(2) The degree of flood protection sought by the provisions of this article is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This article does not imply that districts outside the floodplain district, or that land uses permitted within such district will be free from flooding or flood damages.

(3) Records of actions associated with administering this article shall be kept on file and maintained by the town manager.

(4) This article shall not create liability on the part of the town or any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.

(d) Abrogation and greater restrictions. This article supersedes any article currently in effect in flood-prone districts. However, any underlying article shall remain in full force and effect to the extent that its provisions are more restrictive than this article.

(e) Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this article shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this article. The remaining portions shall remain in full force and effect; and for this purpose, the provisions of this article are hereby declared to be severable.

(f) Penalty for violations. Any person who fails to comply with any of the requirements or provisions of this article or directions of the town manager or any authorized employee of the Town of Blackstone shall be guilty of a class 2 misdemeanor and subject to the penalties therefor.

In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this article. The imposition of a fine or penalty for any violation of, or noncompliance with, this article shall not excuse the violation or noncompliance or permit it to continue; and all such persons shall be required to correct or remedy such violations or noncompliances within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this article may be declared by the community to be a public nuisance and abatable as such. Flood insurance may be withheld from structures constructed in violation with this article.

(Ord. of 6-15-09(1))

Sec. 18-2. - Definitions.#

[The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

Base flood. The flood having a one percent chance of being equaled or exceeded in any given year.

Base flood elevation. The Federal Emergency Management Agency designated 100-year water surface elevation.

Basement. Any area of the building having its floor subgrade (below ground level) on all sides.

Board of zoning appeals. The board appointed to review appeals made by individuals with regard to decisions of the zoning administrator in the interpretation of this article.

Development. Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

Elevated building. A nonbasement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, or columns (posts and piers).

Encroachment. The advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.

Existing manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed including, at a minimum, the installation of utilities, the construction of streets, and either final site-grading or the pouring of concrete pads is completed before the effective date of the floodplain management regulations adopted by a community.

Expansion to an existing manufactured home park or subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed, including the installation of utilities, the construction of streets, and either final site-grading or the pouring of concrete pads.

Flood or flooding.

(1) A general or temporary condition of partial or complete inundation of normally dry land areas from:

a. The overflow of inland or tidal waters; or

b. The unusual and rapid accumulation or runoff of surface waters from any source.

(2) The collapse or subsistence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (1)a. of this definition.

(3) Mudflows which are proximately caused by flooding, as defined in this definition, and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

Floodplain or flood-prone area. Any land area susceptible to being inundated by water from any source.

Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

Freeboard. A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization in the watershed.

Historic structure. Any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the department of interior) or preliminarily determined by the secretary of the interior as meeting the requirements for individual listing on the National Register;

(2) Certified or preliminarily determined by the secretary of the interior as contributing to the historical significance of a registered historic district, or a district preliminarily determined by the secretary to qualify as a registered historic district;

(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the secretary of the interior; or

(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a. By an approved state program as determined by the secretary of the interior; or

b. Directly by the secretary of the interior in states without approved programs.

Lowest floor. The lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of Federal Code 44CFR, § 60.3.

Manufactured home. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days.

Manufactured home park or subdivision. A parcel, or contiguous parcels, of land divided into two or more manufactured home lots for rent or sale.

New construction. For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial flood insurance rate map on or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community, and includes any subsequent improvements to such structures.

New manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed including, at a minimum, the installation of utilities, the construction of streets, and either final site-grading or the pouring of concrete pads, is completed on or after the effective date of floodplain management regulations adopted by a community.

Recreational vehicle. A vehicle which is:

(1) Built on a single chassis;

(2) Four hundred square feet or less when measured at the largest horizontal projection;

(3) Designed to be self-propelled or permanently towable by a light duty truck; and

(4) Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational camping, travel, or seasonal use.

Shallow flooding area. A special flood hazard area, with base-flood depths from one to three feet, where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Special flood hazard area. The land in the floodplain, subject to a one percent or greater chance of being flooded in any given year, as determined in subsection 18-3(c) of this article.

Start of construction. The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of the construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its "before damaged condition" would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage regardless of the actual repair work performed. The term does not, however, include either:

(1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

(2) Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

Watercourse. A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

(Ord. of 6-15-09(1))

Article 18. Floodplain Districts#

Sec. 18-3. - Establishment of zoning districts.#

(a) Description of districts.#

(1) Basis of districts.#

The various floodplain districts shall include special flood hazard areas. The basis for the delineation of these districts shall be the flood insurance study (FIS) and the flood insurance rate maps for the Town of Blackstone (Nottoway County) prepared by the Federal Emergency Management Agency, Federal Insurance Administration, dated June 2, 2009, as amended.

(2) Overlay concept.#

a. The floodplain districts described above shall be overlays to the existing underlying districts as shown on the official zoning ordinance map, and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions.

b. If there is any conflict between the provisions or requirements of the floodplain districts and those of any underlying district, the more restrictive provisions and/or those pertaining to the floodplain districts shall apply.

c. In the event any provision concerning a floodplain district is declared inapplicable as a result of any legislative or administrative actions or judicial decision, the basic underlying provisions shall remain applicable.

(b) Official zoning map.#

The boundaries of the special flood hazard area and floodplain districts are established as shown on the flood boundary and floodway map and/or flood insurance rate map, which is declared to be a part of this article, and which shall be kept on file at the town offices.

(c) District boundary changes.#

The delineation of any of the floodplain districts may be revised by the town where natural or manmade changes have occurred and/or where more detailed studies have been conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency, or an individual documents the need for such change; however, prior to any such change, approval must be obtained from the Federal Insurance Administration.

(d) Interpretation of district boundaries.#

Initial interpretations of the boundaries of the floodplain districts shall be made by the zoning officer. Should a dispute arise concerning the boundaries of any of the districts, the board of zoning appeals shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the board and to submit his own technical evidence if he so desires.

(Ord. of 6-15-09(1))

Sec. 18-4. - District provisions.#

(a) Permit and application requirements.#

(1) Permit requirement.#

All uses, activities, and development occurring within any floodplain district shall be undertaken only upon the issuance of a zoning permit.§ Such development shall be undertaken only in strict compliance with the provisions of the article and with all other applicable codes and ordinances, as amended and the town subdivision regulations. Prior to the issuance of any such permit, the zoning officer shall require all applications to include compliance with all applicable state and federal laws.

(2) Site plans and permit applications.#

All applications for development within any floodplain district and all building permits issued for the floodplain shall incorporate the following information:

a. For structures to be elevated, the elevation of the lowest floor, including basement.

b. For structures to be flood-proofed (nonresidential only), the elevation to which the structure will be flood-proofed.

(b) General standards.#

In all special flood-hazard areas, the following provisions shall apply:

(1) New construction and substantial improvements shall be according to the VA USBC, and shall be anchored to prevent flotation, collapse, or lateral movement of the structure.

(2) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces.

(3) New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(4) New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.

(5) Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(6) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

(7) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.

(8) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.

(9) Any alteration, repair, reconstruction or improvements to a building that is in compliance with the provisions of this article shall meet the requirements of "new construction" as contained in this article.

(10) Any alteration, repair, reconstruction or improvements to a building that is not in compliance with the provisions of this article, shall be undertaken only if said nonconformity is not furthered, extended, or replaced.

(11) Prior to any proposed alteration or relocation of any channels or of any watercourse, stream, etc., within this jurisdiction, a permit shall be obtained from the U.S. Corps of Engineers, the Virginia Department of Environmental Quality, and the Virginia Marine Resources Commission. A joint permit application is available from any of these organizations. Furthermore, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the department of conservation and recreation (division of dam safety and floodplain management) and the Federal Insurance Administration.

(12) The flood-carrying capacity within an altered or relocated portion of any watercourse shall be maintained.

(c) Specific standards.#

In all special flood hazard areas where base flood elevations have been provided in the flood insurance study or generated according to subsection (d)(1), the following provisions shall apply:

(1) Residential construction.#

New construction or substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated no lower than four feet above the base flood elevation.§

(2) Nonresidential construction.#

New construction or substantial improvement of any commercial, industrial, or nonresidential building or manufactured home, shall have the lowest floor, including basement, elevated to no lower than four feet above the base flood elevation.§ Buildings located in all A1—30, AE, and AH zones may be flood-proofed in lieu of being elevated, provided that all areas of the building components below the elevation corresponding to the BFE plus one foot are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied.

(3) Elevated buildings.#

Enclosed areas of new construction or substantially improved structures, which are below the regulatory flood protection elevation shall:

a. Not be designed or used for human habitation, but shall only be used for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator);

b. Be constructed entirely of flood-resistant materials below the regulatory flood protection elevation;

c. Include, in zones A, AO, AE, and A1-30, measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirements, the openings must either be certified by a professional engineer or architect, or meet the following minimum design criteria:

Provide a minimum of two openings on different sides of each enclosed area subject to flooding.
The total net area of all openings must be at least one square inch for each square foot of enclosed area subject to flooding.
If a building has more than one enclosed area, each area must have openings to allow floodwaters to automatically enter and exit.
The bottom of all required openings shall be no higher than one foot above the adjacent grade.
Openings may be equipped with screens, louvers, or other opening coverings or devices, provided they permit the automatic flow of floodwaters in both directions.
Foundation enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and therefore, do not require openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires openings as outlined above.

(4) Standards for manufactured homes and recreational vehicles.#

a. All manufactured homes placed, or substantially improved, on individual lots or parcels, in expansions to existing manufactured home parks or subdivisions, in a new manufactured home park or subdivision or in an existing manufactured home park or subdivision in which a manufactured home has incurred substantial damage as the result of a flood, must meet all the requirements for new construction, including the elevation and anchoring requirements in subsections (b)(1), (b)(2), and (c)(1).

b. All manufactured homes placed or substantially improved in an existing manufactured home park or subdivision in which a manufactured home has not incurred substantial damage as the result of a flood must be elevated so that either:

The lowest floor of the manufactured home is elevated no lower than four feet above the base flood elevation; or
The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade; and
The manufactured home must be securely anchored to the adequately anchored foundation system to resist flotation, collapse and lateral movement.

c. All recreational vehicles placed on sites must either:

Be on the site for fewer than 180 consecutive days;
Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions; or
Meet all the requirements for manufactured homes in subsection (c)(4).

(d) Standards for subdivision proposals.#

(1) All subdivision proposals shall be consistent with the need to minimize flood damage;

(2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;

(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; and

(4) Base flood elevation data shall be provided for subdivision proposals and other proposed development proposals, including manufactured home parks and subdivisions, that exceed 50 lots or five acres, whichever is the lesser.

(Ord. of 6-15-09(1))

Sec. 18-5. - Variances—Factors to be considered.#

In passing upon applications for variances, the board of zoning appeals shall satisfy all relevant factors and procedures specified in other sections of the zoning ordinance and consider the following additional factors:

(1) The showing of good and sufficient cause.

(2) The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development, or activity within any floodway district that will cause any increase in the 100-year flood elevation.§

(3) The danger that materials may be swept on to other lands or downstream to the injury of others.

(4) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.

(5) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.

(6) The importance of the services provided by the proposed facility to the community.

(7) The requirements of the facility for a waterfront location.

(8) The availability of alternative locations not subject to flooding for the proposed use.

(9) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

(10) The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.

(11) The safety of access by ordinary and emergency vehicles to the property in time of flood.

(12) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.

(13) The repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(14) Such other factors which are relevant to the purposes of this article.

The board of zoning appeals may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters.

Variances shall be issued only after the board of zoning appeals has determined that the granting of such will not result in (a) unacceptable or prohibited increases in flood heights, (b) additional threats to public safety, (c) extraordinary public expense, and will not (d) create nuisances, (e) cause fraud or victimization of the public, or (f) conflict with local laws or ordinances.

Variances shall be issued only after the board of zoning appeals has determined that the variance will be the minimum required to provide relief from exceptional hardship to the applicant.

The board of zoning appeals shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure below the 100-year flood elevation (a) increases the risks to life and property and (b) will result in increased premium rates for flood insurance.

A record shall be maintained of the above notification as well as all variance actions, including justification for the issuance of the variances. Any variances that are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator.

(Ord. of 6-15-09(1))

Article II. - Floodplain Areas#

Sec. 18-6. - Existing structures in floodplain areas.#

A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to the following conditions:

(1) Existing structures in the floodway area shall not be expanded or enlarged unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the proposed expansion would not result in any increase in the base flood elevation.

(2) Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in any floodplain areas to an extent or amount of less than 50 percent of its market value shall conform to the VA USBC.

(3) The modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use, regardless of its location in a floodplain area to an extent or amount of 50 percent or more of its market value, shall be undertaken only in full compliance with this article and shall require the entire structure to conform to the VA USBC.

(Ord. of 6-15-09(1))

Sec. 18-7. - Enactment.#

This article shall become effective upon passage.

(Ord. of 6-15-09(1))

Article III. - Virginia Maintenance Code#

Sec. 18-26. - Adoption.#

There is hereby adopted by the council, for the purpose of establishing rules and regulations that facilitate the maintenance, rehabilitation, development and reuse of existing buildings, including permits and penalties, that certain building code known as the Virginia Maintenance Code, being particularly the 2015 edition thereof, save and except such portions as are hereinafter deleted, modified or amended, and such code is hereby adopted and incorporated as fully as if set out at length in this section, and the provisions thereof shall be controlling in the maintenance of all buildings and other structures within the town.

(Code 1971, § 5-1; Ord. of 9-16-19)

State Law reference— Uniform Statewide Building Code, Code of Virginia, § 36-97 et seq.; municipal building codes superseded by Uniform Statewide Building Code, Code of Virginia, § 36-98.

Sec. 18-27. - Title of ordinances.#

This ordinance [from which this division derives] may be known and referred to as the Town of Blackstone, Virginia, Residential Rental Property Maintenance Code.

Now therefore be it ordained, by the town council of the Town of Blackstone, Virginia, that the 2015 Maintenance Code of the Virginia Uniform Statewide Building Code, duly adopted by the Virginia Board of Housing and Community Development under authority of Code of Virginia, § 36-98, shall be enforced in the Town of Blackstone, Virginia, as set forth in section 18-28 below, so as to apply to residential rental dwellings or dwelling units, whether occupied or not. Enforcement shall be according to the same enforcement procedures as are followed with the Virginia Maintenance Code.

(Ord. of 7-27-98(1); Ord. of 9-16-19)

Sec. 18-28. - Enforcement.#

The enforcement procedures of the Virginia Maintenance Code applicable to existing residential rental dwellings or dwelling units shall be instituted by the code official in compliance with section 18-33 through section 18-35.4 of this town Code. The code official shall enforce only the provisions of the following section(s) of the Virginia Maintenance Code:

Chapter 1, Administration.
Chapter 2, Definitions.
Chapter 3, General Requirements, All enforced with the exception of Sections 310 and 311.
Chapter 4, Light, Ventilation, and Occupancy Limitations is deleted, except for 403.1.
Chapter 5, Plumbing Facilities and Fixture Requirements, Sections 501.1, 505.1, 506.1, 507.1.
Chapter 6, Mechanical and Electrical Requirements, Sections 601.1, 602.1, 602.2, 603.1, 604.1, 604.3 and 605.1.
Chapter 7, Fire Safety Requirements, Sections 701.1, 702.1—702.4, 703.2, 704.1 and 704.2.

(Ord. of 7-27-98(1); Ord. of 9-16-19)

Sec. 18-29. - Appeals.#

There shall be an appeals board that consists of at least five members that are appointed by town council. The appointments, terms and membership of the appeals board shall be pursuant to a written policy established by town council.

(Ord. of 7-27-98(1); Ord. of 9-16-19)

Sec. 18-30. - Administrative practices.#

The code official or town manager shall establish such procedures or requirements as may be necessary for administration and enforcement of this ordinance [from which this division derives]. The procedures are to be approved by the town council.

(Ord. of 9-16-19)

Sec. 18-31. - Severability.#

Should any provision of this ordinance [from which this division derives] be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.

(Ord. of 9-16-19)

Sec. 18-32. - Effective date.#

The original ordinance [from which this division derives] became effective at 12:01 a.m., January 1, 1999.

(Ord. of 7-27-98(1); Ord. of 9-16-19)

Sec. 18-33. - Rental certificate of compliance.#

Purpose and intent. The town council finds that certain residential rental housing, when not the subject of either regular inspections, or inspections upon a change in tenancy, to ensure compliance with applicable building maintenance regulations, may become unsafe, a public nuisance, and unfit for human habitation. The town council further finds that certain residential housing areas within the town, designated as conservation and rehabilitation districts, are in need of a housing inspection program to prevent property deterioration and neighborhood blight, and to protect the public health, safety and welfare by ensuring proper building maintenance and compliance with applicable building regulations in rental dwellings. The town council finds there is a need to protect the public health, safety and welfare of the occupants of dwelling units inside the designated rental inspection district. The town council further finds that the residential rental dwelling units within the designated rental inspection districts as set forth in this article are either blighted or in the process of deteriorating or the units are in the need of inspection by the code official to prevent deterioration, taking into account the number, age and condition or residential dwelling rental units inside the proposed rental inspection districts and the inspection of residential rental dwelling units inside the proposed rental inspection districts are necessary to maintain safe, decent and sanitary living conditions for tenants and other residents living in the proposed rental inspection districts. The original ordinance [from which this division derives] became effective at 12:01 a.m., January 1, 1999.

(Ord. of 7-27-98(2); Ord. of 9-16-19)

Sec. 18-33.1. - Definitions.#

The definitions set forth in Code of Virginia, § 36-105.1:1 are incorporated herein, unless there is a different definition for a term provided in this article.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Change in occupancy means the vacation of a dwelling or dwelling unit by any tenant and the subsequent occupancy of such dwelling or dwelling unit by a new tenant or tenants.

Dwelling means a single structure which is a place of residence, including, but not limited to, condominiums, efficiencies, townhomes, manufactured or mobile homes, single-family homes, two-family homes, multifamily homes, or multifamily apartments. The term "dwelling" shall not include hospitals, nursing homes, convalescent homes or similar facilities providing medical care to the aged, infirm or disabled, or hotels, motels, inns and other establishments held out for transients, unless such establishments rent primarily to occupants for more than 30 continuous days. An apartment complex with four or more units in one building are exempt from the provisions of this article.

Dwelling unit means a building or structure or part thereof that is used for a home or residence by one or more persons who maintain a household. The term "dwelling unit" shall not include units within hospitals, nursing homes, convalescent homes or similar facilities providing medical care to the aged, infirm or disabled, or hotels, motels, inns and other establishments held out for transients, unless such establishments rent primarily to occupants for more than 30 continuous days.

Inspection or inspected means an inspection conducted by the code official or his/her designated agent.

Managing agent means any person having the authority, singly or in combination with another, to enter into an agreement for the occupancy of property subject to this article.

Multiple-family rental complex means any dwelling, or series of dwellings, consisting of no less than four dwelling units, occupied for valuable consideration, on a single lot or adjacent lots under common ownership. The term "multiple-family rental complex" shall not include mobile homes under common ownership in a mobile home park or subdivision, and such term shall not include single-family homes, two-family homes, or townhouses under common ownership.

Owner means any person holding title to real property in the Town of Blackstone as reflected in the public records of any circuit court, the commissioner of revenue, town treasurer, or town clerk. The word "owner" shall not include any person who merely holds a deed of trust on real property.

Property means dwellings and dwelling units which are leased or rented, in whole or in part, to tenants.

Residential rental dwelling unit means a dwelling unit that is leased or rented to one or more tenants. However, a dwelling unit occupied in part by the owner thereof shall not be construed to be a residential rental dwelling unit unless a tenant occupies a part of the dwelling unit which has its own cooking and sleeping areas, and a bathroom.

Tenant means any person who is not an owner of the dwelling or dwelling unit which he occupies. The word "tenant" shall not include any person who occupies the same dwelling unit with any owner of such dwelling unit (except as set forth above), or any person related by blood or marriage to the owner and occupying the same dwelling with such owner.

(Ord. of 7-27-98(2); Ord. of 9-16-19)

Sec. 18-33.2. - Applicability.#

The provisions of this article shall apply to all dwellings or dwelling units not occupied by an owner thereof (except as set forth above), which are located in the areas heretofore or hereafter designated by the town council as conservation districts. A map showing the town's conservation and rehabilitation districts for purposes of this article is hereby adopted by the town council and is attached hereto as exhibit A. The map shall be available for public inspection in the town hall. The town council may designate that individual dwellings or dwelling units that are not in the conservation and rehabilitation district are subject to the provisions of this article after it makes the findings that subjecting the individual dwelling to the provisions of this article would protect public health, that the individual unit is blighted or in the process of being blighted or evidence of violations of the building code that affect safe decent living conditions exist.

(Ord. of 7-27-98(2); Ord. of 9-16-19)

Sec. 18-33.3. - Notification by owners of dwelling units to locality.#

Owners of dwelling units in a rental inspection district or in an individual dwelling that has been designated pursuant [to section] 18-33.2, shall notify the code official or his/her designee in writing if the dwelling unit of the owner is used for residential rental purposes. The code official or his/her designee shall have a form for such purposes. This requirement shall begin six days after the adoption of this section. If the owner of a dwelling unit who is using the dwelling unit for residential rental purposes shall willfully not comply with this section, he or she shall be penalized with a civil penalty up to $50.00.

There shall be no penalty for the failure of an owner of a residential rental dwelling unit to comply with the provisions of this section, unless and until the code official or his/her designee provides personal or written notice to the property owner, as provided in this section. Notice sent by regular, first-class mail to the last known address of the owner as shown on the current real estate tax assessment books or current real estate tax assessment records shall be deemed compliance with this requirement.

(Ord. of 9-16-19)

Sec. 18-34. - Inspection and certificate of exemption required.#

(a) After the adoption of the new inspection districts attached as exhibit A to this division, the code official is authorized to perform initial inspections of all residential rental dwelling units in the rental inspection districts. After January 1, 1999, no owner or managing agent of any residential rental dwelling or dwelling unit located in a conservation district identified in section 18-33.2 of this article shall permit a change in occupancy of any such dwelling or dwelling unit, or permit a new tenant or tenants to occupy a dwelling or dwelling unit which is vacant on the date the requirements of this subparagraph apply to such a dwelling or dwelling unit, unless the dwelling or dwelling unit shall be the subject of a valid certificate of exemption, a temporary waiver of compliance certificate.

(b) Upon the initial or periodic inspection of a residential rental dwelling unit, provided that there were no violations of the maintenance code that affect the safe, decent and sanitary living conditions for the tenants of such residential rental dwelling unit, the code official shall provide a certificate of exemption issued by the code official or his/her designee. Except as otherwise noted in this article, a certificate of exemption shall be valid for four years from the date of issuance, or until the owner under which the certificate of exemption is issued is selling the dwelling or dwelling unit. Upon the sale of a residential rental dwelling unit, the code official and/or his/her designee may perform a periodic inspection.

(c) In no event shall the issuance of a certificate of exemption serve to exempt the owner, managing agent or tenant of the property from compliance with all applicable statutes, laws, ordinances and regulations pertaining to housing.

(d) If the residential rental dwelling unit becomes in violation of the maintenance code during the exemption period, the code official may revoke the exemption previous granted under this article.

(e) Except as otherwise provided in this article, the code official may inspect any residential rental dwelling unit in a rental inspection district, that is not otherwise exempted, no more than once each calendar year.

(Ord. of 7-27-98(2); Ord. of 9-16-19)

Editor's note— An ordinance adopted Sept. 16, 2019, changed the title of § 18-34 from "Inspection and certificate of compliance required" to read as herein set out.

Sec. 18-34.1. - Exemptions.#

(a) A certificate of exemption shall be issued, and no inspection shall be required within four years of the issuance of a certificate of occupancy, for a new dwelling or dwelling unit constructed under the provisions of the Uniform Statewide Building Code, in effect at the time of the construction.

(b) A certificate of exemption shall be issued, and no inspection shall be required within four years of the date of issuance, upon the code official's written determination that a dwelling or dwelling unit which has been the subject of a building permit for substantial rehabilitation or repair, which rehabilitation or repair meets the requirements of the Uniform Statewide Building Code, and the extent of the rehabilitation or repair renders the entire dwelling or dwelling unit equivalent to new construction with respect to the general public health, safety and welfare.

(c) If the residential rental dwelling unit becomes in violation of the maintenance code during the exemption period, the code official may revoke the exemption previous granted under this section.

(Ord. of 7-27-98(2); Ord. of 9-16-19)

Sec. 18-34.2. - Certificate of exemption for multiple-family rental complexes.#

(a) The code official, or his/her designee, may issue a certificate of exemption for any dwelling unit in a multiple-family rental complex ("rental complex") strictly meeting each of the following criteria:

(1) No less than two of the dwelling units within the rental complex have been randomly selected, inspected and approved under the terms of this article if a multifamily development has more than ten dwelling units, in the initial and periodic inspections, the code official shall inspect only a sampling of the dwelling units, of not less than two and not more than ten percent of the dwelling units, of a multi-family development, which includes all of the multi-family buildings which are part of that multifamily development. In no event, however, shall the code official charge a fee authorized by this section for inspection of more than ten dwelling units. If the code official determines upon inspection of the sampling of dwelling units that there are violations of the maintenance code that affect the safe, decent and sanitary living conditions for the tenants of such multi-family development, the code official may inspect as many dwelling units as necessary to enforce the maintenance code, in which case, the fee shall be based upon a charge per dwelling unit inspected, as otherwise provided in this section; and

(2) At the time of the inspection of a residential rental dwelling unit, provided that there were no violations of the maintenance code that affect the safe, decent and sanitary living conditions for the tenants of such residential rental dwelling unit, the code official shall provide a certificate of exemption.

(b) A certificate of exemption shall be valid for a period of four years from the date of issuance.

(c) If the code official or his/her designee, determines during any four-year exemption period that one or more substantial violations of applicable building regulations in effect existed at the time of the inspection pertaining to the condition of any dwelling or dwelling unit contained in the rental complex, the code official or his/her designee may revoke the certificate of exemption. Prior to any such revocation, the code official or his/her designee shall send by first class mail written notice to the owner or managing agent, specifying the nature of the violations found and the date upon which the revocation of the certificate of exemption will take effect. Proof of mailing to the last known address of the owner or managing agent of the property, by affidavit or otherwise, shall be sufficient evidence that the notice was received.

(d) The issuance of a certificate of exemption shall exempt the owner or managing agent from the requirements of inspections within this article. In no event does the issuance of a certificate of exemption serve to exempt the owner, managing agent or tenant from compliance with all applicable statutes, laws, ordinances and the maintenance code.

(e) If the residential rental dwelling unit becomes in violation of the maintenance code during the exemption period, the code official may revoke the exemption previously granted under this section.

(Ord. of 7-27-98(2); Ord. of 9-16-19)

Editor's note— An ordinance adopted Sept. 16, 2019, changed the title of § 18-34.2 from "Certificate of exemption" to read as herein set out.

Sec. 18-34.3. - Issuance of certificate of exemption.#

(a) At the time of the inspection of a residential rental dwelling unit, provided that there were no violations of the maintenance code that affect the safe, decent and sanitary living conditions for the tenants of such residential rental dwelling unit, the code official shall provide a certificate of exemption. The owner or managing agent will be entitled to receive a certificate of compliance or exemption immediately upon the determination that a dwelling or dwelling unit complies with the maintenance code.

(b) If the dwelling or dwelling unit fails to comply with any one or more of all applicable building regulations set forth in the Virginia Maintenance Code the code official shall furnish the owner, managing agent or tenant with a written list of specific violations and the time frame within which to correct said violations. Failure to list any violation shall not be deemed a waiver of such violation. The code official shall require the owner of the dwelling unit subject to such follow-up inspections of the dwelling unit as the code official deems necessary, at such time as the dwelling unit is brought into compliance with the provisions of the maintenance code that affect the safe, decent and sanitary living conditions for the tenants.

(Ord. of 7-27-98(2); Ord. of 9-16-19)

Editor's note— An ordinance adopted Sept. 16, 2019, changed the title of § 18-34.3 from "Issuance of certificate of compliance" to read as herein set out.

Sec. 18-34.4. - Temporary waiver of compliance.#

(a) A temporary waiver of compliance certificate may be issued for any dwelling or dwelling unit which is inspected pursuant to this article and fails to comply with regulations set forth in the Virginia Maintenance Code. Such temporary waiver of compliance or exemption certificate may be issued only upon a determination by the code official or his/her designee, that:

(1) The work necessary to bring the dwelling or dwelling unit into compliance with the Virginia Maintenance Code, can be reasonably undertaken and completed while the premises are occupied without endangering the safety of the occupants of the property, or subjecting the occupants to any conditions rendering the dwelling or dwelling unit uninhabitable; and

(2) The dwelling or dwelling unit can be brought into compliance with all applicable maintenance code requirements within the period of time for which the temporary waiver of compliance certificate is issued not to exceed six months.

(b) A temporary waiver of compliance certificate shall authorize the occupancy of the dwelling or dwelling unit for such period of time as is reasonably necessary to remedy or correct all defects or violations by reason of which the certificate of exemption was refused. Every temporary waiver of compliance or exemption certificate shall set forth the period of time for which temporary occupancy is authorized, such period of time not to exceed six months. The failure of the owner, managing agent or tenant to complete all corrections within the specified period of time shall constitute a violation of this article.

(Ord. of 7-27-98(2); Ord. of 9-16-19)

Sec. 18-34.5. - Display of proof of compliance.#

(a) Any sticker issued in connection with, and evidencing the issuance of temporary waiver of compliance certificate may be adhered to the dwelling or dwelling unit to which it applies. No such sticker may be adhered to any dwelling to dwelling unit for which the sticker was not intended, or issued, and the use of such a sticker shall not be mandatory.

(b) No sticker referenced in subsection (a) of this section may be displayed upon the receipt of the code official or his/her designee notice of revocation of a certificate of exemption, and no sticker relating to a temporary waiver of compliance certificate which has expired shall be displayed.

(Ord. of 7-27-98(2); Ord. of 9-16-19)

Sec. 18-34.6. - Alteration of proof of compliance.#

No person may deface or alter a temporary waiver of compliance certificate, certificate of exemption, or sticker issued in connection therewith, in whole or in part, without the written permission of the code official or his/her designee.

(Ord. of 7-27-98(2); Ord. of 9-16-19)

Sec. 18-35. - Fees.#

The fees for inspections shall be as set forth in section 18-35.4, fee compendium, as amended from time to time by the town council.

(Ord. of 7-27-98(2); Ord. of 9-16-19)

Sec. 18-35.1. - Appeals.#

Any person aggrieved by any determination or decision of the code official, or his/her designee, made pursuant to this article shall have the right to appeal such determination or decision within 14 calendar days of such determination to the appeals board. Notice of such appeal shall be in writing, shall specify the grounds of appeal, and shall be delivered to the town manager for the town within 14 calendar days of the receipt of the decision being appealed. The application for appeal shall contain the name and address of the owner of the building or structure and, in addition, the name and address of the person appealing, when the applicant is not the owner. A copy of the code official's decision shall be submitted along with the application for appeal and maintained as part of the record. The application shall be marked by the appeals board to denote when the application was received. Failure to submit an application for appeal within the time limit established by this section shall constitute acceptance of the code official's decision. The appeals board shall meet with the person aggrieved by the determination or decision of the town manager, code official, or his/her designee, within 30 calendar days after the date of receipt of the application for appeal, except that a period of up to 45 calendar days shall be permitted where the appeals board has regularly scheduled meetings. A longer time period shall be permitted if agreed to by all parties involved in the appeal. A notice indicating the time and place of the hearing shall be sent to the parties in writing to the addresses listed on the application at least 14 calendar days prior to the date of the hearing, except that a lesser time period shall be permitted if agreed to by all the parties involved in the appeal. If a quorum of the appeal board is not present any party to the appeal may request a continuance. The continued meeting shall be rescheduled within 30 calendar days of the postponed hearing, unless agreed to by all parties. Any party to the appeal may appeal the decision of the appeals board to the state review board by following the procedures set forth in the 2015 Virginia Maintenance Code, section 107.

(Ord. of 7-27-98(2); Ord. of 9-16-19)

Sec. 18-35.2. - Penalties.#

(a) Any person failing to comply with any requirement of this article shall be guilty of a misdemeanor in accordance with Code of Virginia, § 36-106, as amended. Each day the violation continues after conviction or the court-ordered abatement period has expired shall constitute a separate offense. If the violation remains uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in order to comply with the maintenance code, except as otherwise provided by the court for good cause shown, any such violator shall abate or remedy the violation within six months of the date of the conviction. Each day during which the violation continued after the court-ordered abatement period has ended shall constitute a separate offense. Any person convicted of a second offense committed within less than five years after a first offense under this chapter shall be punished by a fine of not less than $1,000.00 nor more than $2,500.00. Any person convicted of a third or subsequent offense involving the same property committed within ten years of an offense under this chapter after having been at least twice previously convicted shall be punished by confinement in jail for not more than ten days and a fine of not less than $2,500.00 nor more than $5,000.00, either or both. No portion of the fine imposed for such third of subsequent offense committed within ten years of an offense under this chapter shall be suspended.

(b) In addition to any penalty imposed for a violation of this chapter, any such violation may be corrected, removed or abated through court order of an appropriate suit in equity.

(Ord. of 7-27-98(2); Ord. of 9-16-19)

Sec. 18-35.3. - Regulations.#

The town manager or the code official is authorized to promulgate regulations not inconsistent with the terms of this article.

(Ord. of 7-27-98(2); Ord. of 9-16-19)

Sec. 18-35.4. - Fee compendium.#

The following fees shall be charged for inspections conducted in connection with the Town of Blackstone, Virginia, Residential Rental Property Maintenance Code, after the town manager has published notification and scheduled the inspection pursuant to section 18-34 of this article.

(a) Inspection of a dwelling unit either (1) as scheduled pursuant to section 18-34 of the Code of the Town of Blackstone, as amended, before the issuance of the first certificate of compliance, temporary waiver of compliance certificate, or certificate of exemption, applicable to a dwelling unit, or (2) before a certificate of compliance, temporary waiver of compliance certificate, or certificate of exemption expires.

(b) Fifty dollars per unit inspected. No additional fee for reinspection of the same unit, if reinspections are required for compliance.

(c) Inspection of a dwelling unit either (1) after the vacation by any tenant of the dwelling unit which has not been inspected pursuant to section 18-34 of the Code of the Town of Blackstone, as amended, or (2) after a certificate of compliance, temporary waiver of compliance certificate, or certificate of exemption expires.

(Ord. of 6-18-18(1); Ord. of 9-16-19)

Sec. 18-35.5 - Miscellaneous.#

(a) Nothing in this article shall be construed to limit, impair, alter or extend the rights and remedies of persons in their relationship of landlord and tenant as such rights and remedies exist under applicable law.

(b) Nothing in this article shall be construed to relieve or exempt any person from otherwise complying with all applicable laws, ordinances, standards of regulations pertaining to the condition of buildings and other structures.

(c) Nothing in this article shall be construed to limit the authority of the code official or building official or his/her designee, to perform housing inspections in accordance with applicable law.

(d) The code official may delegate any of his duties in this article to a designee as he/she deems appropriate.

(e) This article shall be enforced as set forth in the Virginia Maintenance Code and as set forth in the Virginia Code. The code official, town manager and town attorney, their designees and any other town officials shall have all of the duties and powers as set forth in the Virginia Maintenance Code and the Virginia Code.

(Ord. of 7-27-98(2); Ord. of 6-17-02; Ord. of 8-19-02; Ord. of 9-16-19)

Editor's note— An ordinance adopted Sept. 16, 2019, changed the title of § 18-35.5 from "Conservation district" to read as herein set out.

DIVISION 2. - BUILDING INSPECTOR#

Footnotes: --- (3) ---

Cross reference— Administration, ch. 2.

Sec. 18-36. - Appointment.#

The council shall appoint a building inspector, who shall serve at the pleasure of the council.

(Code 1971, § 5-3)

Sec. 18-37. - Duties.#

It shall be the duty of the building inspector to enforce all laws relating to the construction, alteration, removal and demolition of buildings and structures.

(Code 1971, § 5-4)

State Law reference— Enforcement of Uniform Statewide Building Code, Code of Virginia, § 36-105.

Sec. 18-38. - Right of entry.#

The building inspector, in the discharge of his official duties, and upon proper identification, shall have authority to enter any building, structure or premises at any reasonable hour.

(Code 1971, § 5-5)

Sec. 18-51. - Required.#

No person shall repair or erect any building for any person until the owner thereof has secured the proper permit to repair or build the building. Such building shall not be erected or repaired except in accordance with such permit.

(Code 1971, § 5-7)

Sec. 18-52. - Application generally.#

All applications for building permits shall be filed with the building inspector.

(Code 1971, § 5-8)

Sec. 18-53. - Action by building inspector on application.#

The building inspector shall have power to approve or reject any application for a building permit.

(Code 1971, § 5-9)

Sec. 18-54. - Fee.#

Such fee shall be charged for a building permit as the council may establish by general regulations.

(Code 1971, § 5-10)

State Law reference— Authority of local governing body to levy fees to defray the cost of enforcing the building code and appeals, Code of Virginia, § 36-105.

ARTICLE III. - DANGEROUS STRUCTURES#

Footnotes: --- (4) ---

State Law reference— Dangerous buildings and other structures, Code of Virginia, § 15.1-11.2.

Sec. 18-76. - Dangerous structures.#

The owners of property shall remove, repair or secure any building, wall or any other structure that might endanger the public health or safety of other residents of the town as required herein.

A building, wall or any other structure that might endanger the public health or safety shall be denominated a dangerous structure and shall include but not be limited to:

(1) Any building, shed, fence, or other manmade structure which is dangerous to the public health because of its condition, and which shall cause or aid in the spread of disease, or injury to the health of the occupants of it or neighboring structures.

(2) Any building, shed, fence, or other manmade structure which because of faulty construction, age, lack of proper repair or any other cause, is especially liable of fire and constitutes or creates a fire hazard.

(3) Any building, shed, fence, or other manmade structure which by reason of faulty construction or any other cause, is liable to cause injury or damage by collapsing or by a collapse or fall of any part of such structure.

(4) Any building, shed, fence, or other manmade structure which because of its condition or because of lack of doors or windows is available to and frequented by persons who are not lawful occupants of such structure. Any such dangerous building in the town is hereby declared to be a nuisance.

(Ord. of 6-16-08(1))

Editor's note— Ord. of 6-16-08(1), amended § 18-76 to read as herein set out. Former § 18-76, pertained to definitions. See the Code Comparative Table for complete derivation.

Sec. 18-77. - Penalty.#

Violation of this section shall be subject to a civil penalty in the amount of $100.00 for the first violation. Each business day during which the same violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same set of operative facts result in civil penalty that exceed a total of $1,000.00.

(Ord. of 6-16-08(1))

Editor's note— Ord. of 6-16-08(1), amended § 18-77 to read as herein set out. Former § 18-77, pertained to prohibition. See the Code Comparative Table for complete derivation.

Sec. 18-78. - Notice to abate.#

Whenever the building inspector, the fire marshal, or the county health officer has determined that any building or structure in the town is dangerous as defined under this section, he shall file a written statement setting forth the facts supporting such determination with the town manager. The town manager shall thereupon cause written notice to be served upon the owner thereof at his or her last known address and upon the occupant thereof, if any, by first class mail or by registered mail, return receipt requested. The town manager shall cause the written notice to be published once a week for two successive weeks in a newspaper having general circulation in the town. No action shall be taken by the town to remove, repair, or secure any building, wall, or other structure for at least 30 days following the later of the return of the receipt or newspaper publication, except that the locality may take action to prevent unauthorized access to buildings within seven days of such notice if the structure is deemed to pose a significant threat to public safety and such fact is stated in the notice.

Such notice shall state that the building or structure has been declared to be in a dangerous condition; and shall set forth the condition or conditions needing to be corrected. The notice shall state that the owner must notify the town manager within 30 days from the time notice is served of (1) the owner's or occupant's intent to demolish the structure or remedy the conditions and (2) that such dangerous conditions must be removed or remedied by repairing or altering the building or by demolishing it within 45 days from the time the notice is served. Such notice may be in the following terms:

To ___________ (owner of premises) of the premises known and described as ___________.

You are hereby notified that ___________ (description of building or structure) on the premises above mentioned has been declared a nuisance and a dangerous building after inspection by ___________.

The causes for this decision are ___________ (here insert the facts as to the dangerous condition).

You must notify the town manager within 30 days from the time this notice is served upon you of your intention to demolish the structure or remedy the condition. Provided you have given written notice to the town manager, then you must remedy the condition or demolish the building within 45 days from the time this notice is served upon you, or the town will proceed to do so with the expense thereof being charged as a lien upon the real estate. The person receiving this notice shall have the right to appeal the determination of the officer finding that a dangerous building exists within ten days from the time this notice is served. Appeal shall be to the town council.

(Ord. of 5-17-93, § 3; Ord. of 12-18-00; Ord. of 6-16-08(1))

Sec. 18-79. - Appeal of notice of abatement.#

The person receiving the abatement notice shall have the right to appeal the determination of the officer finding that a dangerous structure exists within ten days from the time this notice is served. Appeal shall be to the town council. If the person receiving the abatement notice has not:

(1) Notified the town manager within 30 days from the time notice is served upon him of his intention to comply with this article; or

(2) Has not compiled therewith within 45 days of its receipt or taken an appeal from the determination of the officer that a dangerous building exists within ten days from receipt of the abatement notice, then the town manager may proceed to remedy the condition or demolish the dangerous building, and every charge authorized by this section or Code of Virginia, § 15.2-900 with which the owner of any such property has been assessed and that remains unpaid shall constitute a lien against such property ranking on a parity with liens for unpaid local taxes and enforceable in the same manner as provided in Code of Virginia, Ch. 39, Tit. 58.1, Art. 3, §§ 58.1-3940 et seq. and 8.1-396 et seq.

(Ord. of 5-17-93, § 4; Ord. of 6-16-08(1))

Sec. 18-80. - Time allotted for compliance after affirmation of finding.#

If such owner shall take an appeal to the town council and, if on such appeal, the council shall affirm the finding, then the owner shall have 45 days form the date of the council's determination to bring the structure into full compliance with the terms of this article.

(Ord. of 5-17-93, § 5; Ord. of 6-16-08(1))

ARTICLE IV. - SATELLITE DISH ANTENNAS#

Sec. 18-91. - Definitions.#

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Satellite dish antenna and earth station mean an accessory use that is a combination of:

(1) An antenna or dish antenna whose purpose is to receive communication or other signals from orbiting satellites and other extraterrestrial sources;

(2) A low-noise amplifier (LNA) which is situated at the focal point of the receiving component and whose purpose is to magnify and transfer signals; and

(3) A coaxial cable whose purpose is to carry the signals to the exterior of the building.

Satellite dish antenna or earth station height means the height of the antenna or dish measured vertically from the highest point of the antenna or dish, when positioned for operation, to the grade or permanent structure to which the antenna or its base is attached.

(Ord. of 12-2-85(1))

Cross reference— Definitions generally, § 1-2.

Sec. 18-92. - Location, number, size.#

(a) Generally.

(1) Only one satellite antenna which shall not exceed 12 feet in diameter may be erected or installed on any one building lot in the town regardless of the zoning district in which it is located.§

(2) Any such antenna shall be located only in the rear yard of such lot no closer than five feet to any side or rear lot line nor less than ten feet from the rear of a main building; provided, however, that in lieu of any such antenna in a rear yard, one satellite antenna four feet or less in diameter may be suitability mounted to the roof area of a building.§

(b) Corner lots. In addition to the provisions of subsection (1) of this section, no satellite antenna on any corner lot shall be erected forward of the building line of any adjoining lot nor closer than five feet to the side of such adjoining lot.§

(c) Height limitation. No satellite antenna mounted in any such yard shall exceed 16 feet measured vertically from the highest point of the signal receiving apparatus, when positioned for operation, to the bottom of the base which supports the satellite antenna except any antenna which, pursuant to this section, may be located and suitability mounted to the roof of a building.§

(Ord. of 12-2-85(1))

Sec. 18-93. - Mounting and screening.#

All satellite antennas shall be ground mounted at ground level pursuant to all requirements of the Virginia Uniform Statewide Building Code after securing the proper building permits and sufficiently secured to withstand a wind of 75 miles per hour, except such antenna four feet or less in diameter which is otherwise permitted by this section to be mounted to the roof of a building.§ All electrical cable will be buried in accordance with the applicable provisions of the building code.

(Ord. of 12-2-85(1))

Sec. 18-94. - Variances by board of zoning appeals.#

Upon application to the board of zoning appeals by any property owner, and upon showing by such property owner to the satisfaction of the board of zoning appeals that a usable satellite signal cannot be obtained on such owner's property solely by reason of one or more of the requirements established by this article, the board of zoning appeals may grant such variance as may be necessary to permit reception of a usable signal and under such special conditions as the board of zoning appeals may deem proper under the circumstances, whereupon perpetual compliance with such special conditions by the property owner shall be a prerequisite to continued maintenance and use of such antenna.

(Ord. of 12-2-85(1))

ARTICLE V. - HISTORICAL DISTRICTS#

Footnotes: --- (5) ---

Editor's note— An ordinance adopted July 19, 2004, amended the Code by adding provisions that were not specifically amendatory. At the editor's discretion, §§ 1—12 of said ordinance have been included herein as Art. V, §§ 18-116—18-127.

Sec. 18-116. - Historical district established.#

There is hereby established a historical district for the town which shall consist of all that area designated as such by the historical district map. Only the following area designated in section 18-117, shall be subject to the zoning regulations of the zoning ordinance to which it has been assigned, and, in addition, those regulations shall be subject to the rules established in this article.

(Ord. of 7-19-04, § 1; Ord. of 2-19-08, § 1)

Sec. 18-117. - Location.#

The following boundaries as shown by the attached map, will be affected by this article. This map consists of areas within the historical district as designated by the department of historic resources but does not include all areas within said historical district.

(Ord. of 7-19-04, § 2; Ord. of 2-19-08, § 2)

Business Historical District#

Sec. 18-118. - Recitals.#

The town council hereby declares that the area designated by the attached map within the historical district set forth above contains buildings of unique architectural value, which are located on significant routes of tourist access.

(Ord. of 7-19-04, § 3; Ord. of 2-19-08, § 3)

Sec. 18-119. - Declaration.#

(a) No building or structure, including signs, shall be erected, reconstructed, altered or restored within any such district unless approved by the review board or, on appeal, by the town council of the town, as being architecturally compatible with the historic landmarks, buildings or structures therein.§

(b) No historic landmark, building and no structure within any district shall be razed, demolished or moved until the razing, demolition or removal thereof is approved by the review board, or, on appeal by the town council after consultation with the review board.§

(c) If a building or structure might endanger the public health or safety of other residents of the locality, and emergency repairs or improvements are required before the review board can meet, then the town manager and the building inspector may jointly approve temporary repairs or improvements until such time as the review board can meet.

(Ord. of 7-19-04, § 4; Ord. of 9-19-05; Ord. of 2-19-08, § 4)

Sec. 18-120. - Appeals.#

(a) Any person aggrieved by any determination or decision of the review board made pursuant to this article shall have the right to appeal such determination or decision within 30 calendar days of such determination to the town council. Notice of such appeal shall be in writing, shall specify the grounds of appeal, and shall be delivered to the town manager of the town prior to the expiration of the 30-calendar day period. The town council shall meet with the person aggrieved by the determination or decision of the review board, within 14 calendar days of receipt of such notice of appeal to consider the appeal, unless the owner of his managing agent agrees, in writing, to an extension. Any such aggrieved person may request that the town council invite to the meeting persons deemed helpful in resolving the dispute. The town council shall render its decision within five business days after such meeting.

(b) Any person aggrieved by any determination or decision of the town council made pursuant to this article shall have the right to appeal such determination or decision within 30 calendar days of such determination to the circuit court of the County of Nottoway, Virginia. Notice of such appeal shall be in writing, shall specify the grounds of appeal, and shall be delivered to the town manager for the town prior to the expiration of the 30-calendar day period, as well as being filed in the clerk's office of said circuit court.

(c) In addition to the right of appeal herein above set forth, the owner of a historic landmark, building or structure, the razing or demolition of which is subject to the provisions of section 18-119(b) of this article shall, as a matter of right, be entitled to raze or demolish such landmark, building or structure provided that: (i) he has applied to the town council for such right, (ii) the owner has for the period of time set forth in the same schedule hereinafter contained and at a price reasonably related to its fair market value, made a bona fide offer to sell the landmark, building or structure, and the land pertaining thereto, to the town or to any person, firm, corporation, government or agency thereof, or political subdivision or agency thereof, which gives reasonable assurance that it is willing to preserve and restore the landmark, building or structure and the land pertaining thereto, and (iii) no bona fide contract, binding upon all parties thereto, shall have been executed for the sale of any such landmark, building or structure, and the land pertaining thereto, prior to the expiration of the applicable time period set forth in the time period set forth in the time schedule hereinafter contained. Any appeal which may be taken to the circuit court from the decision of the town council whether instituted by the owner or by any other proper party, notwithstanding the provisions heretofore stated relating to a stay of the decision appealed from shall not affect the right of the owner to make the bona fide offer to sell referred to above. No offer to sell shall be made more than one year after a final decision by the town council, but thereafter the owner may renew his request to the town council to approve the razing or demolition of the historic landmark, building or structure. The time schedule for offers to sell shall be as follows:

Offering Price	Time Period
Less than $25,000.00	Three months
$25,000.00 or more but less than $40,000.00	Four months
$40,000.00 or more but less than $55,000.00	Five months
$55,000.00 or more but less than $75,000.00	Six months
$75,000.00 or more but less than $90,000.00	Seven months
$90,000.00 or more	12 months

(Ord. of 7-19-04, § 5; Ord. of 2-19-08, § 5)

Sec. 18-121. - Review board.#

There is hereby created a review board of the town, which shall consist of a chairman and four members. The members shall be appointed by the town council and shall serve for a term of five years. Downtown Blackstone Incorporated's Design Committee shall serve as the review board.

(Ord. of 7-19-04, § 6; Ord. of 2-19-08, § 6)

Sec. 18-122. - Meetings.#

The review board shall meet at the request of the zoning administrator or upon call by the chairman. Action shall be by majority of all the members and a quorum shall consist of a majority.

(Ord. of 7-19-04, § 7; Ord. of 2-19-08, § 7)

Sec. 18-123. - Functions.#

(a) [Function of review board.] It shall be the function of the review board to enforce the terms of this article.

(b) [Permit required.] Permits for construction, alteration of any building or structure within the historical district shall be required for any work which results in a change in the appearance of the building. No painting or ornamental work of any kind shall be done except in accordance with the permit.§

No demolition or partial demolition shall be allowed without such permit. No permit shall be issued for demolition of any building in the historical district unless such demolition is necessary, in the opinion of the review board, to protect health and safety.§ Otherwise, deteriorating buildings in any historic district shall be repaired in accordance with the terms of this article.

All permits for alteration, construction or painting shall be issued by the building inspector, but no such permit shall be issued without approval by the review board.

All designs for any construction, repair or replacement purposes shall be in harmony with the general tone of the area. The same is true of colors and materials. All such work shall correspond to the general tone of the area and harmonize with the other buildings and structures in the district.§

Whenever strict enforcement of the provisions of this article would result in a prevention of the proposed change, because of requirements no longer possible to fulfill, the applicant shall apply for permission for a variance from the strict terms of this article. If such variation is of minor character and does not affect the general character of the area, permission to vary the provisions of this article may be granted (in accordance with the zoning ordinance) by the review board.

(c) Review of plans required. No person, firm, corporation, or association shall build any new building or alter any existing building within the historical district without submitting the plans and specifications for the building or alteration, to the review board for review. No such construction or alteration shall be started until the review board has approved the plans as being in compliance with all of the requirements of this article.

(d) Compliance with requirements. Upon receipt of the plans, the review board shall proceed as rapidly as possible to determine whether the proposed construction or alteration complied with all of the terms of all ordinances relating to the historical district. In the case of new buildings, the plans must indicate a type of structure which will be compatible with the typical architecture of the historical district. In the cases involving alterations to existing buildings, the plans will, to the extent feasible, show a design consistent with the existing building and with the architectural forms typical to the historical district.

(e) [Rejection of plans.] If the review board rejects any plans or any part of any plans, the review board shall give reasons in writing for such rejection.

(f) Conference. If any plans or any application for demolition are rejected by the review board, the applicant may request a conference with the review board, and if such a request is made, a conference shall be granted by the review board. Every such conference will be open to the public. At the conference, the issues to be discussed will be the issues relating to how the purposes of the applicant can be served consistent with the requirements of all applicable town ordinances and the specific requirements noted by the review board.

(Ord. of 7-19-04, § 8; Ord. of 2-19-08, § 8)

Sec. 18-124. - Maintenance and repair required.#

Neither the owner of nor the person in charge of a historical district or of a designated landmark shall permit such structure or landmark to fall into a state of disrepair which may result in the deterioration of any exterior appurtenance or architectural feature so as to produce or tend to produce, in the judgment of the review board, a detrimental effect upon the character of the district as a whole or the life and character of the landmark or structure in question, including but not limited to:

(1) The deterioration of exterior walls or other vertical supports;

(2) The deterioration of roofs or other horizontal members;

(3) The deterioration of exterior chimneys;

(4) The deterioration or crumbling of exterior plaster or mortar;

(5) The ineffective waterproofing of exterior walls, roofs and foundations, including broken windows or doors;

(6) The deterioration of any feature so as to create or permit the creation of any hazardous or unsafe condition or conditions.

(Ord. of 7-19-04, § 9; Ord. of 2-19-08, § 9)

Sec. 18-125. - General penalty.#

Any person, firm or corporation violating any of the provisions of this article shall be fined not less than $5.00 nor more than $500.00 for each day during or on which a violation occurs or continues.

(Ord. of 7-19-04, § 10; Ord. of 2-19-08, § 10)

Sec. 18-126. - Corrections.#

Any person charged with a violation of the provisions of this article may ask to have such matter passed upon by the review board. The review board shall have the right to review all of the facts and to determine whether or not the offense complained of is a substantial violation of the terms of this article.

(Ord. of 7-19-04, § 11; Ord. of 2-19-08, § 11)

Sec. 18-127. - Starting work without a permit.#

Proceeding with any construction work, repair work or painting without having been issued a permit shall be considered an offense and punishable by the provisions of this section.

(Ord. of 7-19-04, § 12; Ord. of 2-19-08, § 12)