[1-3-2023 by Ord. No.
2023.01.03]
This chapter, the full title of which is "Zoning and Subdivision
Ordinance of the Town of Abingdon, Virginia," shall be permitted,
for convenience, to be referred to as the "Zoning and Subdivision
Ordinance" or "Ordinance." The accompanying map, titled "Zoning Map
of the Town of Abingdon, Virginia," shall be permitted to be referred
to as the "Zoning Map."
[1-3-2023 by Ord. No.
2023.01.03]
(a)
Pursuant to the Code of Virginia, § 15.2-2280 et seq.,
the Town of Abingdon, Virginia, is given the authority to classify
and regulate land development under its jurisdiction.
(b)
Pursuant to the Code of Virginia, § 15.2-2240, et
seq., the Town of Abingdon, Virginia, is authorized to adopt regulations
to assure the orderly subdivision of land and its development.
[1-3-2023 by Ord. No.
2023.01.03]
The purpose of this chapter is to implement the Town of Abingdon
Comprehensive Plan; promote the health, safety, and general welfare
of the public; and of further accomplishing the objectives of § 15.2-2200,
as amended, of the Code of Virginia. This chapter has been designed
to give reasonable considerations to:
(1)
Provide for adequate light, air, convenience of access and safety
from fire, flood, impounding structure failure, crime, and other dangers;
(2)
Reduce or prevent congestion in the public streets;
(3)
Facilitate the creation of a convenient, attractive, and harmonious
community;
(4)
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)
Protect against destruction of, or encroachment upon, historic
areas and working waterfront development areas;
(6)
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 and transportation, or loss of life, health or property
from fire, flood, impounding structure failure, panic or other dangers;
(7)
Encourage economic development activities that provide desirable
employment and enlarge the tax base;
(8)
Provide for the preservation of agricultural and forestal lands
and other lands of significance for the protection of the natural
environment;
(9)
Protect the approach slopes and other safety areas of licensed
airports, including United States government and military air facilities;
(10)
Promote the creation and preservation of affordable housing
suitable for meeting the current and future needs of the Town, as
well as a reasonable proportion of the current and future needs of
the planning district within which the Town is located;
(11)
Provide reasonable protection against encroachment upon military
bases, military installations, and military airports and their adjacent
safety areas, excluding armories operated by the Virginia National
Guard;
(13)
Protect surface water and ground water as defined in the Code
of Virginia, § 62.1-255, as amended;
(14)
Establish standards and procedures for the orderly division,
subdivision and resubdivision of lots, tracts and parcels of land
for residential and commercial purposes pursuant to the Code of Virginia,
§ 15.2-2240 et. seq., as amended;
(15)
Ensure proper legal description and proper monumenting of subdivided
land;
(16)
Ensure the purchasers of lots, tracts, and parcels of land purchase
a commodity that is suitable for the intended use; and
(17)
Provide standards for development, ensuring appropriate ingress,
egress, public facilities, services, and utilities.
[1-3-2023 by Ord. No.
2023.01.03]
(a)
Pursuant to the Code of Virginia, § 15.2-2281, the
provisions of this chapter shall apply to all property within the
incorporated territory of the Town of Abingdon, Virginia, with the
exception that any property held in fee simple ownership and used
by the United States of America or the Commonwealth of Virginia shall
not be subject to the provisions contained herein.
(b)
Pursuant to the Code of Virginia, § 15.2-2284, the
zoning regulations and districts as herein set forth have been drawn
with reasonable consideration for the existing use and character of
property, the Comprehensive Plan, the suitability of properties for
various uses, the trends of growth or change, the current and future
requirements of the community as to land for various purposes as determined
by population and economic studies and other studies, the transportation
requirements of the community, and the requirements for airports,
housing, schools, parks, playgrounds, recreation areas, and other
public services, and the conservation of natural resources, the preservation
of floodplains, the protection of life and property from impounding
structure failures, the preservation of agriculture and forestal land,
the conservation of properties and their values, and the encouragement
of the most appropriate use of land throughout the Town.
[1-3-2023 by Ord. No.
2023.01.03]
Except as otherwise provided in this chapter or as modified
through a zoning approval, land, buildings, structures or premises
shall only be used or occupied, erected, constructed, moved, enlarged
or altered, nor shall land be subdivided, unless in conformity with
this chapter's regulations.
[1-3-2023 by Ord. No.
2023.01.03]
(a)
The Director of Community Development or designee shall interpret
this chapter based upon the following criteria:
(1)
Provisions shall be considered the minimum required to promote
the public health, safety, convenience and general welfare;
(2)
Unless otherwise specified, the standards of this chapter are
the minimum required;
(3)
When regulations of this chapter conflict with each other, other
chapters of the Town Code, or state or federal law, the more restrictive
regulations or standards shall govern;
(4)
This chapter does not abolish easements, covenants or other
private agreements; however, pursuant to the Code of Virginia, § 15.2-2315,
where this chapter's requirements vary with the requirements of any
other lawfully adopted statute, regulation, or ordinance, the most
restrictive, or the higher standard, shall control to the extent necessary
to resolve the conflict;
(5)
A building, structure or use which was not legally existing
on January 3, 2023, shall not be made lawful solely by adoption of
this chapter;
(6)
Where this chapter's requirements are vague or unclear, the
Director of Community Development or designee shall be responsible
for their interpretation; and
(7)
Conditions imposed or accepted as part of a zoning approval
prior to January 3, 2023, shall remain in effect. However, as stated
in the Code of Virginia, § 15.2-2261.1, if there is a conflict
between conditions imposed through those land use decisions and this
chapter, the conditions shall apply. If there is no condition that
addresses a specific use or development standard of this chapter,
this chapter's requirements shall govern.
(b)
The Zoning Map associated with this text and showing the division
of the territory into districts shall be interpreted with the following
rules when uncertainty exists with respect to the boundaries of any
of the districts:
(1)
Where district boundaries are fixed by dimensions or otherwise
shown or described, there shall be no uncertainty.
(2)
Where district boundaries are indicated as approximately following
or being at right angles to the center lines of streets, highways,
alleys, or railroad 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.
(3)
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 at low water or at the limit of the jurisdiction,
and in the event of change in shoreline, such boundary shall be construed
as moving with the actual shoreline.
(4)
If no distance, angle, curvature description or other means
is given to determine a boundary line accurately and the foregoing
provisions do not apply, the same shall be determined by the use of
the scale shown on said map. In case of subsequent dispute, the matter
shall be referred to the Board of Zoning Appeals, which shall determine
the boundary.
[1-3-2023 by Ord. No.
2023.01.03]
The provisions of this chapter shall not impair a vested right
of a property owner. The Director of Community Development or designee
shall be authorized to make determinations on whether a property owner's
rights are deemed vested in a land use. The Subdivision Agent shall
be authorized to make determinations on whether a property owner's
rights are deemed vested in a division. Vested rights determinations
shall be made in accordance with the Code of Virginia, § 15.2-2307.
[1-3-2023 by Ord. No.
2023.01.03]
(a)
Where figures are contained in this chapter, they are provided
for demonstrative purposes only and are not a substantive part of
this chapter.
(b)
If any section of this chapter incorporates by reference any
state statute or regulation, then the chapter incorporates future
amendments of the state statute or regulation.
[1-3-2023 by Ord. No.
2023.01.03]
Should any section or any provision of this chapter be decided
by the courts to be unconstitutional or invalid, such decision shall
not affect the validity of this chapter as a whole, or any part thereof,
other than the part so held to be unconstitutional or invalid.
[1-3-2023 by Ord. No.
2023.01.03]
The effective date of this chapter shall be from and after the
date of its passage, January 3, 2023, and legal application, and its
provisions shall be in force thereafter until repealed or amended.
