Planning commission backs higher civil penalties for repeat zoning violations, aligning city code with state law

The Newport News Planning Commission voted 8–0 to recommend that City Council adopt zoning text amendment ZT2025-0002, which raises potential civil penalties for specified zoning violations and brings the local code into alignment with recent changes enacted by the Virginia General Assembly.

Ms. Hall, planning staff, said the amendment revises Chapter 45 (zoning) to incorporate statutory changes under the Code of Virginia (as cited in staff materials). Under current local rules staff described in the meeting, civil penalties had been capped at $100 for a first offense and $150 for subsequent violations, with a $3,000 cap and citations limited to once every 10 days. The staff presentation said the proposed language would allow higher penalties starting at $200 and increasing to as much as $1,500 per violation depending on the violation type, with higher caps of roughly $4,200 to $6,000 over a 12-month period.

Commissioners questioned whether the city had seen many repeat violations that warranted the increases; Ms. Hall said she could not provide specific counts during the hearing but observed from experience that low penalties can encourage repeat noncompliance. Commissioners also asked whether the change altered the underlying enforcement procedure; staff said the enforcement process itself remains unchanged and that the existing code language that prevents citing the same offense more than once during any 10-day period was not removed by the amendment.

During public comment, David Smallridge asked whether the change would affect enforcement of short-term rental (Airbnb) rules; staff replied that the amendment does not change the enforcement process and that the city has begun stepped-up enforcement of short-term rental rules adopted in 2022 after an initial compliance period. Smallridge also asked how the amendment would interact with previously negotiated proffers for rezoned properties; staff clarified proffers are site-specific and would require separate legislative action to modify.

The commission voted to recommend adoption; the item will be forwarded to City Council for a hearing on Sept. 9, 2025. Staff noted the changes reflect new authority available under state law to apply enhanced civil penalties for ongoing or repeat noncompliance, particularly for unpermitted commercial activity or multifamily property violations.