(A) Zoning map amendment requests. An application (along with related documents and fees) for a zoning map amendment shall not be accepted or processed when the property owner(s) has been notified, pursuant to § 153.377(B), that a violation of this chapter exists on or in the use of land that is the subject of the requested change. The Zoning Administrator may, however, after consideration of the specific case, waive this requirement and direct staff to process the application if it is found that a zoning map amendment serves to remedy the violation. However, this waiver does not release the property owner, applicant, and/or designated agent from compliance with this subchapter nor does it guarantee approval of the requested zoning map amendment. If the zoning map amendment is disapproved by Town Council, the property owner, applicant, and/or designated agent has a maximum of 30 calendar days from the date of disapproval to bring the subject property into compliance.
(B) Board of Zoning Appeals requests. An application (along with related documents and fees) to go before the Board of Zoning Appeals (BZA) shall not be accepted or processed when the property owner(s) has been notified that a violation of this chapter exists on or in the use of land that is the subject of the request. The Zoning Administrator may, after consideration of the specific case, waive this requirement and direct staff to process the application, if the BZA request serves as a remedy for the violation. However, this waiver does not release the property owner, applicant, and/or designated agent from compliance with this subchapter.
(C) Contempt before the Board of Zoning Appeals. In case of contempt by any party, witness, or other person before the Board of Zoning Appeals, such Board may certify such fact to the Circuit Court of the town wherein such contempt occurs and the judge of the court, after hearing, may impose such penalty as the facts authorize or require.
(D) Other actions. Nothing herein shall prevent the town from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. 2012-06, § 11.9, passed 10-18-2012; Ord. 2013-10, passed 8-15-2013)