Building & Zoning Home
Comprehensive Plan
Zoning Ordinance
Floodplain Information
Permits & Fees
Building Links
Meet Our Staff
Board of Zoning Appeals
Planning Commission
   

If you have any further questions regarding zoning, here are a few of things you can do:

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

Send us your question via Email.

Call the Zoning Administrator or a Representative of the Building Department at (276) 328-7119.

 

Building & Zoning – Zoning Ordinance - Article 3

Up ] Zoning Ordinance - Article 1 ] Zoning Ordinance - Article 2 ] Zoning Ordinance - Article 3 ] Zoning Ordinance - Article 4 ] Zoning Ordinance - Article 5 ] Zoning Ordinance - Article 6 ] Zoning Ordinance - Article 7 ] Zoning Ordinance - Article 8 ] Zoning Ordinance - Article 9 ] Zoning Ordinance - Article 10 ] Zoning Ordinance - Article 11 ]

ARTICLE 3.  GENERAL PROVISIONS

Sec. 3-1. Transition provisions.

     3-1.1. Permits issued prior to ordinance [Ordinance]. Nothing contained in this Ordinance shall be construed to require any change in the plans, construction or intended use of any building or structure for which a permit was lawfully issued by the county prior to the effective date of this Ordinance or subsequent amendment thereto, provided that such construction is commenced prior to the expiration of such permit as specified by the provisions of this Ordinance or other applicable laws. In any case where a permit expires or ceases to be valid, or where construction is abandoned for a period of twelve (12) months or greater, further construction and use shall conform with the applicable provisions of this Ordinance.

     3-1.2. Existing uses, buildings and structures. Uses, buildings and structures lawfully existing at the effective date of this Ordinance or subsequent amendment thereto may be continued subject to the provisions of Article 6 of this Ordinance pertaining to nonconforming uses and features.

Sec. 3-2. Compliance with provisions.

  1. No building, structure or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved, converted or structurally altered except in conformity with all of the regulations specified for the district in which such building, structure or land is located and with all other applicable provisions of this Ordinance.
     

  2. No lot area, yard, open space or other feature required by the provisions of this Ordinance shall be reduced or eliminated by private action except in conformity with the regulations established by this Ordinance.
     

  3. No part of any lot, yard, open space or other feature required for a building, structure or use shall be encroached upon or considered as lot, yard, open space or other feature for any other building, structure or use, except as may be specifically permitted by the provisions of this Ordinance.

Sec. 3-3. Location on a lot required.

     Every building or structure hereafter erected, constructed, reconstructed or moved and every use hereafter established shall be located on a lot of record as defined in Article 11 of this article.

Sec. 3-4. More than one main building on a lot.

     More than one (1) main building containing a permitted principal use may be located on a single lot when all lot area, yard, open space, space between buildings and other applicable requirements of the district in which such lot is situated are met, except that no main building containing a single-family dwelling or a two-family dwelling shall be located on a lot with any other main building unless specifically authorized by the provisions of Article 5 this Ordinance.

Sec. 3-5. Lots recorded prior to this ordinance [Ordinance].

     Any lot of record which was lawfully established prior to the effective date of this Ordinance or subsequent amendment thereto and which does not conform with the requirements for minimum lot area or lot width applicable in the district in which such lot is situated, may be devoted to single-family dwelling use if such use is normally permitted in the district, provided that all other applicable provisions of this Ordinance and applicable health regulations shall be met.

Sec. 3-6. Street frontage or access required. 

     Every building or structure erected, constructed, reconstructed or moved and every use established after the effective date of this Ordinance shall be located on a lot having frontage on an improved public street or, except as may be prohibited by the subdivision ordinance of the county, shall have access to an improved public street by way of a private street or recorded easement which is of sufficient width and character to provide access for service and emergency vehicles and which is approved by the zoning administrator.

Sec. 3-7. Construction and use of accessory buildings.

     3-7.1. Permits and relation to main building. No accessory building shall be constructed or located on a lot until a building permit has been obtained, and no permanent accessory building shall be constructed until a permit for construction of the main building has been issued. No permanent accessory building shall be used except for temporary storage of materials related to construction on the premises, until the main building is completed and a certificate of occupancy is issued. Yard, height and other regulations applicable to accessory buildings shall be as set forth in the district regulations and the supplementary regulations contained in Articles 4 and 5 of this Ordinance.

     3-7.2. Dwelling use prohibited. No accessory building shall be used for dwelling purposes except by domestic employees or caretakers whose principal occupation is rendering services on the premises for the benefit of persons who occupy or use the main building on the lot.

Sec. 3-8. Temporary buildings and construction trailers.

     When used only in conjunction with construction work taking place on the site, temporary buildings and construction trailers shall be permitted in any district during the period when construction work is in progress as evidenced by a valid building permit. Such temporary facilities shall be removed immediately upon completion of the construction work.

Sec. 3-9. Relief in cases of steep topography.

     The zoning administrator shall have the authority to reduce the minimum required dimensions of front, side and rear yards by not more than fifty (50) percent when the average slope of the buildable area of the lot, as defined in Article 11 of this Ordinance, exceeds one and one-half (1 1/2) feet vertical for each ten (10) feet horizontal. Such reduction in required yards shall be permitted only when the zoning administrator is satisfied upon receipt of survey plats, engineering plans or other pertinent information that the above conditions are met, and that the reduction in yard dimensions is the minimum necessary:

  1. To enable a reasonable and practicable buildable area on the lot for purposes permitted in the district; or
     

  2. To avoid such extent of grading, rock excavation, filling or destruction of natural vegetation that would constitute a potentially unsafe or hazardous condition.

Sec. 3-10. Severability.

     Should any section, subsection, paragraph, phrase, definition or provision of this Ordinance be declared by the courts to be invalid or unconstitutional, such decision shall not affect the validity of this Ordinance as a whole or any part thereof other than the part so declared to be invalid or unconstitutional. 

Back to Top

 
© Wise County, Virginia. All Rights Reserved. Try our Guide to Services, County Directory or Search pages. 
206 East Main Street • Wise, Virginia 24293 • Phone: 276-328-2321 • Fax 276-328-9780. Privacy Policy
For suggestions, comments, or questions about this website, please contact our webmaster.
Designed WebWorx, Inc.