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Come down to the Building and Zoning Department at the Wise County Courthouse for person-to-person support.

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Building & Zoning – Zoning Ordinance - Article 1

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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:

  1. To provide for adequate light, air, convenience of access and safety from fire, flood and other dangers;
     

  2. To reduce or prevent congestion in the public streets;
     

  3. To facilitate the creation of a convenient, attractive and harmonious community;
     

  4. 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;
     

  5. To protect against destruction of or encroachment upon historic areas;
     

  6. 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;
     

  7. To encourage economic development activities that provide desirable employment and enlarge the tax base;
     

  8. To provide for the preservation of agricultural and forestal lands and other lands of significance for the protection of the natural environment;
     

  9. To protect approach slopes and other safety areas of licensed airports, including United States government and military air facilities;
     

  10. To promote affordable housing; and
     

  11. 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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