ARTICLE
1. TITLE, APPLICATION, PURPOSE, AND INTERPRETATION
Sec.
1-1. Title.
This Ordinance
shall be known and may be cited as the "Zoning Ordinance
of Wise County, Virginia."
Sec. 1-2. Application and effective
date.
1-2.1. Application.
The provisions contained in this Ordinance shall apply to
the unincorporated territory of Wise County, Virginia.
1-2.2. Effective date. This Ordinance shall become effective
sixty (60) days from the date of its adoption, said effective
date being April 15, 1991.
Sec.
1-3. Purpose.
This Ordinance is established pursuant to Article 8 of Chapter
11 of Title 15.1 of the Code of Virginia, 1950, as amended,
and is intended to classify the unincorporated territory
of Wise County, Virginia, into zoning districts to carry
out purposes of that article, and is for the general purpose
of promoting the health, safety and general welfare of the
public and of further accomplishing the objectives of section
15.1-427 of the Code of Virginia, 1950, as amended.
This Ordinance is designed to give reasonable consideration
to each of the following purposes, where applicable:
-
To
provide for adequate light, air, convenience of access
and safety from fire, flood and other dangers;
-
To
reduce or prevent congestion in the public streets;
-
To
facilitate the creation of a convenient, attractive
and harmonious community;
-
To
facilitate the provision of adequate police and fire
protection, disaster evacuation, civil defense, transportation,
water, sewerage, flood protection, schools, parks, forests,
playgrounds, recreational facilities, airports and other
public requirements;
-
To
protect against destruction of or encroachment upon
historic areas;
-
To
protect against one (1) or more of the following: Overcrowding
of land, undue density of population in relation to
the community facilities existing or available, obstruction
of light and air, danger and congestion in travel and
transportation or loss of life, health or property from
fire, flood, panic or other dangers;
-
To
encourage economic development activities that provide
desirable employment and enlarge the tax base;
-
To
provide for the preservation of agricultural and forestal
lands and other lands of significance for the protection
of the natural environment;
-
To
protect approach slopes and other safety areas of licensed
airports, including United States government and military
air facilities;
-
To
promote affordable housing; and
-
To
protect surface water and groundwater.
Pursuant to the requirements of Section 15.1-490 of the
Code of Virginia, 1950, as amended, the regulations contained
in this Ordinance and the districts established herein have
been drawn and applied with consideration for the comprehensive
plan of the county, the existing use and character of property,
the suitability of property for various uses, the trends
of growth and change, the current and future requirements
of the county as to land for various purposes as determined
by population and economic studies and other studies carried
out through the comprehensive plan, the transportation requirements
of the county, the requirements for airports, housing, schools,
parks, playgrounds, recreation areas and other public services,
the conservation of natural resources, the preservation
of flood plains, the preservation of agricultural and forestal
land, the conservation of properties and their values, and
the encouragement of the most appropriate use of land throughout
the county.
Sec.
1-4. Interpretation.
1-4.1. Provisions are minimum requirements. In their
interpretation and application, the provisions of this Ordinance
shall be construed to be minimum requirements.
1-4.2. Conflict with other provisions. Where a requirement
imposed by any provision of this Ordinance is at variance
with any other provision thereof or with the requirements
of any other lawfully adopted regulation, the most restrictive
requirement, or that which imposes the higher standard,
shall govern.
1-4.3. Permitted uses. Permitted uses listed in the
district regulations shall be permitted in the respective
districts, provided they comply with all applicable provisions
of this Ordinance. All other uses shall be prohibited.
1-4.4. Private covenants and restrictions. The provisions
of this Ordinance shall not be construed to affect, interfere
with, or abrogate any condition, covenant, limitation, or
restriction contained in any deed, contract or other private
agreement relating to the use of any land or buildings,
provided that whenever the provisions of this Ordinance
impose greater restrictions on the use of land or buildings
than are imposed by any such condition, covenant, limitation,
or restriction, the provisions of this Ordinance shall govern.
1-4.5. Definitions and rules of interpretation. The
provisions of this Ordinance shall be interpreted and applied
in accordance with the definitions of words and terms and
the general rules of interpretation set forth in Article
11 of this Ordinance.
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