ORDINANCE NO WHEREAS, by act of the General Assembly of Virginia as codified by Chapter 11,

Similar documents
ARTICLE 1. GENERAL PROVISIONS

ARTICLE I GENERAL PROVISIONS

Article 1. GENERAL PROVISIONS

City of. Lake Lillian

ARTICLE I GENERAL PROVISIONS

Article 1 Introduction and General Provisions

City of Valdosta Land Development Regulations

PURPOSE & APPLICABILITY

CHAPTER 1 - MISCELLANEOUS PROVISIONS

Article 1.0 General Provisions

IOSCO TOWNSHIP ZONING ARTICLE 1 TITLE, PURPOSE, CONSTRUCTION, RULES APPLYING TO TEXT AND ENABLING AUTHORITY

LEGISLATION creating the SHELBY COUNTY PLANNING COMMISSION of SHELBY COUNTY, ALABAMA

BUILDING PERMIT ORDINANCE

ADMINISTRATIVE PROVISIONS AND PROCEDURES. -Section Contents-

ARTICLE VII ADMINISTRATION AND ENFORCEMENT

Upon motion by, seconded by, the following. Ordinance was duly enacted, voting in favor of enactment, voting against enactment.

ARTICLE 1 INTRODUCTION

STARK COUNTY PRIVATE SEWAGE DISPOSAL ORDINANCE

Article VII - Administration and Enactment

NOW THEREFORE BE IT ENACTED AND ORDAINED

MERCER COUNTY ZONING ORDINANCE

ARTICLE 1 BASIC PROVISIONS SECTION BASIC PROVISIONS REGULATIONS

The major goals and objectives of these land development regulations are as follows:

Borough of Susquehanna Depot Susquehanna County, Pennsylvania. Ordinance No. 467 INTERNATIONAL PROPERTY MAINTENANCE CODE

DESOTO COUNTY, FLORIDA. ORDINANCE No

ARTICLE XXIII ADMINISTRATION AND ENFORCEMENT

ARTICLE XI ENFORCEMENT, PERMITS, VIOLATIONS & PENALTIES

TITLE I: GENERAL PROVISIONS 11. VILLAGE STANDARDS

TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO P&Z

CHAPTER 4 BUILDINGS PART 1 DANGEROUS STRUCTURES

DESOTO COUNTY, FLORIDA. ORDINANCE No

ZONING ORDINANCE OF THE CITY OF OLIVET

AN ORDINANCE REGULATING THE SETBACK DISTANCE OF STRUCTURES FROM THE RIGHT-OF-WAY OF HIGHWAYS

HENRY COUNTY PRIVATE SEWAGE DISPOSAL ORDINANCE

ORDINANCE NO Town of Rising Sun. Cecil County, Maryland

PUTNAM COUNTY SALVAGE YARD PERMIT ORDINANCE

ARTICLE 22 GENERAL ADMINISTRATION AND ENFORCEMENT. Contents

ORDINANCE NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF WELLINGTON, COLORADO THAT:

CITY AND VILLAGE ZONING ACT Act 207 of 1921, as amended (including 2001, 2003, 2004, and 2005 amendments)

BENZONIA and PLATTE TOWNSHIPS, MICHIGAN WEST BENZIE JOINT ZONING ORDINANCE

ZONING ORDINANCE CLAY TOWNSHIP LANCASTER COUNTY, PENNSYLVANIA

10. GENERAL PROVISIONS

ORDINANCE NO. WHEREAS, a public hearing before the Planning and Zoning Commission was held on January 14, 2013, to receive public input; and

This prohibition does not apply to land and buildings if they were used:

TITLE I: GENERAL PROVISIONS. Chapter 10. GENERAL PROVISIONS

CITY OF SNOHOMISH Snohomish, Washington ORDINANCE 1858

Public hearing to adopt Ordinance 1375 C.S. amending Title 15, Buildings and Construction, of the Martinez Municipal Code

SOUTH WHITEHALL TOWNSHIP LEHIGH COUNTY, PENNSYLVANIA ORDINANCE NO Duly Adopted December 19, 2018)

TITLE I: GENERAL PROVISIONS. Chapter 10. GENERAL PROVISIONS

STATE OF MICHIGAN COUNTY OF WAYNE CITY OF ALLEN PARK ORDINANCE #

TITLE 8. Building Regulations

STATE OF MICHIGAN COUNTY OF WAYNE CITY OF ALLEN PARK

ORDINANCE NO NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, THAT; SECTION 1.

100 GENERAL PROVISIONS

(JULY 2000 EDITION, Pub. by City of LA) Rev. 9/13/

BUILDING AND LAND USE REGULATIONS

TITLE I: GENERAL PROVISIONS 10. GENERAL PROVISIONS

TITLE III BUILDING AND FIRE REGULATIONS CHAPTER 1 BUILDING CODE

ARTICLE IV ADMINISTRATION

TOWN OF DORCHESTER. A. The entire Town of Dorchester is determined to be a Rural District.

STATE OF MICHIGAN COUNTY OF WAYNE CITY OF ALLEN PARK

Article I PREAMBLE, TITLE, PURPOSE and LEGAL CLAUSES

BILL ORDINANCE 10003

CITY OF SHELBYVILLE ORDINANCE NO. AN ORDINANCE OF THE CITY OF SHELBYVILLE FOR POST DEVELOPMENT STORMWATER MANAGEMENT

PRIVATE SEWAGE DISPOSAL SYSTEM ORDINANCE

CHAPTER 10. BUILDINGS. 1. Article I. In General.

Article 5 Building, Electrical, Plumbing and Mechanical Code

ORDINANCE NO

TITLE I: GENERAL PROVISIONS. Chapter 10. GENERAL PROVISIONS

GENERAL PROVISIONS GP 1

The Board of Supervisors of the County of Riverside Ordains as Follows:

REPORT TO THE CITY COUNCIL. Discussion of Preferential Parking Permit Program

TITLE I: GENERAL PROVISIONS 10. GENERAL PROVISIONS

Legislative File Number Ord.2-12 (version A)

THE CITY OF MANZANITA DOES ORDAIN AS FOLLOWS: SECTION 1: ADMINISTRATION AND ENFORCEMENT. 1.1 Title

NC General Statutes - Chapter 74 Article 2A 1

CHAPTER 25B. Change of Owner, Operator, or Guarantor for Certain Oil and Gas Facilities

Lane Code CHAPTER 12 CONTENTS

CITY OF LOWRY CROSSING, TEXAS ORDINANCE NO. 262

VILLAGE CODE; CONTENTS, INTERPRETATION AND EFFECT VILLAGE OF MANCELONA, MICHIGAN Chap eff. May 23, 1960

TITLE I: GENERAL PROVISIONS

1. Adopt an ordinance amending the Santa Ana Municipal Code for additional remedies for Code Enforcement violations.

ORDINANCE NO ~

BUILDING PERMIT ORDINANCE WIRT COUNTY, WEST VIRGINIA

Amended Bill No. 26, Ordinance No. 26, Session 2012 ARTICLE 1701 BOCA National Building Code

Chapter 1 GENERAL PROVISIONS

Chapter 1 GENERAL PROVISIONS

CITY OF SOUTHLAKE, TEXAS ORDINANCE NO

TITLE 1: GENERAL PROVISIONS. Chapter 10. GENERAL PROVISIONS

TITLE I: GENERAL PROVISIONS. Chapter 10. GENERAL PROVISIONS

Article 12. Nonconformities & Enforcement

Chapter 1 General Provisions

160A-439. Ordinance authorized as to repair, closing, and demolition of nonresidential buildings or structures; order of public officer.

ORDINANCE NO

TITLE I: GENERAL PROVISIONS. Chapter 10. GENERAL PROVISIONS

CITY OF KENT, OHIO ZONING CODE CHAPTER 1107 CONDITIONAL ZONING CERTIFICATES AND SPECIALLY PERMITTED USES Page

CODE OF ORDINANCES. Chapter 1 GENERAL PROVISIONS

WHEREAS, the Council of the City of Buckhannon historically has been

ORDINANCE NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MEADOWS PLACE, TEXAS:

VILLAGE OF CORNWALL-ON-HUDSON. INTRODUCTORY LOCAL LAW No.2 of 2018

Transcription:

ORDINANCE NO. 640 AN ORDINANCE REGULATING AND RESTRICTING THE USE OF LAND AND THE USE AND LOCATION OF BUILDINGS AND STRUCTURES; REGULATING AND RESTRICTING THE HEIGHT AND BULK OF BUILDINGS AND STRUCTURES AND DETERMINING THE AREA OF YARDS, COURTS AND OTHER PLACES SURROUNDING THEM; PROVIDING FOR NON-CONFORMING USES, SPECIAL PROVISIONS, AMENDMENTS, ADMINISTRATION AND INTERPRETATION; DEFINITIONS; DIVIDING THE TOWN OF WYTHEVILLE INTO DISTRICTS; ADOPTING THE ZONING MAP OF SAID TOWN SHOWING THE BOUNDARIES AND CLASSIFICATIONS OF SUCH DISTRICTS; ESTABLISHING A BOARD OF ZONING APPEALS; PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREOF AND FOR THE RESTRAINING, CORRECTING OR ABATING BY INJUNCTION OR OTHER APPROPRIATE PROCEEDING OF VIOLATIONS HEREOF; AND REPEALING ORDINANCE NO. 433 AS AMENDED, GENERALLY KNOWN AS THE ZONING ORDINANCE OF THE TOWN OF WYTHEVILLE, AND ANY OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THE PROVISIONS HEREOF. WHEREAS, by act of the General Assembly of Virginia as codified by Chapter 11, Article 8, Sections 15.1-486 through 15.1-498 of the Code of Virginia of 1950, and amendments thereof, the governing body of any municipality may by ordinance divide the territory under its jurisdiction into districts of such number, shape and area as it may deem best suited to carry out the purposes of said article, and in each district it may regulate, restrict, permit, prohibit and determine the following: a) The use of land, buildings, structures and other premises for agricultural, commercial, industrial, residential, flood plain and other specific uses; b) The size, height, area, bulk, location, erection, construction, reconstruction, alteration, repair, maintenance, razing or removal of structures; c) The areas and dimensions of land, water and air space to be occupied by buildings, structures and uses, and of courts, yards and other open spaces to be left ORDINANCE

unoccupied by uses and structures, including variations in the sizes of lots based on whether a public or community water supply or sewer system is available and used; d) The excavation or mining of soil or other natural resources. NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Wytheville, Virginia, that: 2 ORDINANCE

ARTICLE II - INTERPRETATION, ADMINISTRATION AND SCOPE 2-1 INTERPRETATION In the interpretation and application of the provisions of this Ordinance the same shall be held to be the minimum requirements 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 of 1950, as amended. To these ends the provisions of this Ordinance are intended for the following purposes; 2-1.1 To provide for adequate light, air, convenience of access and safety from fire, flood and other dangers; 2-1.2 To reduce or prevent congestion in the public streets; 2-1.3 To facilitate the creation of convenient, attractive and harmonious community; 2-1.4 To expedite 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; 2-1.5 To protect against destruction of or encroachment upon historic areas; 2-1.6 To protect against one 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 1 II - INTERPRETATION

and transportation, or loss of life, health or property from fire, flood, panic or other dangers; 2-1.7 To encourage economic development activities that provide desirable employment and enlarge the tax base. 2-2 RULES FOR DETERMINING DISTRICT BOUNDARY LINES Unless district boundary lines are fixed by dimensions or otherwise clearly shown or described, and where uncertainty exists with respect to the boundaries of any of the districts as shown on the zoning map, the following rules shall apply: 2-2.1 When district boundaries are indicated as approximately following, or being at right angles to the center lines of streets, highways, alleys, or railroad main tracks, such center line or lines at right angles to such center lines shall be construed to be such boundaries, as the case may be. 2-2.2 Where a district boundary is indicated to follow a river, creek or branch or other body of water, said boundary shall be construed to follow the center line. 2-2.3 If no distance, angle, curvature description or other means is given to determine a boundary line accurately, the same shall be determined by the use of the scale shown on said zoning map, and in case of dispute in the use thereof, the determination of a certified land surveyor or engineer shall be final. 2 II - INTERPRETATION

2-3 PROPERTY COMING INTO TOWN AFTER ADOPTION OF ORDINANCE This Ordinance shall apply to any property coming into the territorial jurisdiction of the Town of Wytheville by annexation or otherwise, pending an orderly amendment of the Ordinance. 2-4 FORMATION OF DEVELOPMENT PLAN The zoning administrator may require the submission and approval of a plan of development prior to the issuance of building permits to assure compliance with the regulations contained in this ordinance. 3 II - INTERPRETATION

2-5 ADMINISTRATION This Ordinance shall be enforced by the administrator who shall be appointed by Town Council. The administrator shall serve at the pleasure of Town Council. The Town Manager may be appointed as such administrator. 2-6 SCOPE It is not intended by this Ordinance to repeal, annul or in any way impair or interfere with existing provisions of other laws or ordinances except those specifically repealed by this Ordinance, or with private restrictions placed upon property by covenant, deed or other private agreement. Where this Ordinance imposes a greater restriction upon land, buildings or structures than is imposed or required by such existing provisions of law, ordinance, contract, covenant or deed, the provisions of this Ordinance shall control. 2-7 ENFORCEMENT OF ORDINANCE The zoning administrator shall have all necessary authority on behalf of the Council of the Town of Wytheville to administer and enforce this Ordinance, including the ordering in writing of the remedying of any condition found in violation of the Ordinance, and the bringing of legal action to insure compliance with the Ordinance, including injunction, abatement, or other appropriate action or proceeding. 4 II - INTERPRETATION

2-8 TOWN EMPLOYEES TO COMPLY WITH ORDINANCE All departments, officials and public employees of the Town of Wytheville who or which are vested with the duty or authority to issue permits of licenses shall conform to the provisions of this Ordinance. They shall issue permits for uses, buildings or purposes only when they are in harmony with the provisions of this Ordinance. Any such permit, if issued in conflict with the provisions hereof, shall be null and void. 2-9 PENALTY FOR VIOLATION Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating, causing or permitting the violation of any of the provisions of this Ordinance shall be guilty of a misdemeanor or criminal misdemeanor as defined in State Code Section 15.2-2209 as may be amended. Violation of any provision of this ordinance shall be punishable by a fine of not more than two hundred dollars ($200.00) for the initial summons and not more than five hundred dollars ($500.00) for each additional summons. Each day during which the violation is found to have existed shall constitute a separate offense. However, specified violations arising from the same operative set of facts shall not be charged more frequently than once in any 10-day period, and a series of specified violations arising from the same operative set of facts shall not result in civil penalties which exceed a total of $5,000.00. 74 5 II - INTERPRETATION

2-10 COLLECTION OF FEES Subject to approval by Town Council, the zoning administrator may establish and make provision for the collection of fees to cover the costs of making inspections, issuing permits, advertising notices, and other expenses incident to the administration of this Ordinance or for the filling or processing of any appeal or amendment thereof. 2-11 AMENDMENTS Whenever the public necessity, convenience, general welfare or good zoning practice require, the regulations, district boundaries, zoning map, classifications and other provisions of this ordinance may, from time to time, be amended, supplemented, changed, modified or repealed by an affirmative vote of at least a majority of the members of Town Council. The notices, referral to the Planning Commission, and other procedures shall be in accordance with the provisions of Section 15.1-493 of the Code of Virginia of 1950, or other applicable statutes of the Commonwealth of Virginia, as the same may from time to time be amended. 2-12 SEVERABILITY If any section, subsection, paragraph, clause or phrase of this Ordinance shall be declared to be invalid for any reason whatsoever, such decision shall not affect the remaining portions of this Ordinance, which shall remain in full force and effect; and to this end, the provisions of this Ordinance are hereby declared to be severable. 6 II - INTERPRETATION

2-13 EFFECTIVE DATE OF ORDINANCE This Ordinance shall be effective at and after 12:01 A.M. on the 15th day of July, 1969; and Ordinance No. 433 of the Town of Wytheville and any other ordinance, or parts of ordinance, or parts of ordinances, in conflict herewith are hereby repealed as of said date and hour. 7 II - INTERPRETATION

74 8 II - INTERPRETATION