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Ashland City Zoning Code

ARTICLE II

DISTRICTS GENERALLY*

Sec 21-8 Enumeration Of Districts

For the purpose of this chapter, the incorporated areas of the town are hereby divided into the following districts:

  • Rural Residential RR-1
  • Residential, Restricted R-1
  • Residential, Limited R-2
  • Residential, Medium R-3
  • Residential, Medium-High R-4
  • Residential, Multifamily R-5
  • Central Business District B-1
  • Central Business District - Downtown B-1D
  • Highway Commercial B-2
  • Neighborhood Commercial B-4
  • Limited Industrial M-1
  • Higher Education HE
  • Planned Unit Development PUD
  • Planned Mobile Home PMH
  • Planned Shopping Center PSC
  • Planned Office-Business POB

HISTORY
Adopted by Ord. 98-8 § 1 on 6/23/1998
Amended by Ord. 2014-02 on 9/16/2014
Amended by Ord. 2015-01 on 4/21/2015

Sec 21-9 Classification Of Annexed Territory

All territory which may hereafter be annexed to the town shall be considered as being in the Rural Residential District RR-1 until such time as it may be changed by amendment to this chapter.

State Law References: Annexed territory, Code of Virginia, § 15.1-491(b).

HISTORY
Adopted by Ord. 98-8 § 1 on 6/23/1998

Sec 21-10 Interpretation Of District Boundaries

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 aforesaid districts as shown on the zoning map, the following rules shall apply:

  1. Where zoning district boundaries are indicated as approximately following or being at right angles to the centerlines of streets, highways, alleys or railroad main tracks, such centerlines or lines at right angles to such centerlines shall be construed to be such boundaries, as the case may be.
  2. Where a zoning district boundary is indicated to follow a river, creek or branch or other body of water, said boundary shall be construed to follow the centerline at low water or at the limit of the jurisdiction; and in the event of change in the shoreline, such boundary shall be construed as moving with the actual shoreline.
  3. 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 zoning map. In case of subsequent dispute, the matter shall be referred to the board of zoning appeals which shall determine the boundary.

Sec 21-11 Zoning Approval

  1. No building or other structure shall be constructed, reconstructed, erected, enlarged, structurally altered, moved, or converted to accommodate a different use, nor shall any use of a building, structure or land be established or changed until zoning approval has been granted by the zoning administrator.
  2. Every request for zoning approval shall be accompanied by a scaled drawing. The drawing shall show the size and shape of the parcel of land on which the proposed building is to be constructed, the nature of the proposed use of the building or land, and the location of such building or use with respect to the property lines of said parcel of land and to the right-of-way of any street or highway adjoining said parcel of land. Any other information which the administrator may deem necessary for consideration of zoning approval may be required. The zoning administrator may waive any of the drawing requirements in any case where they are not pertinent to the particular zoning approval. If the proposed building or use is in conformity with the provisions of this chapter, zoning approval shall be granted by the administrator.
  3. No building permit, certificate of use and occupancy or land disturbing permit shall be issued by the building official or other responsible official until zoning approval as required by this article has been granted by the zoning administrator, and the building official or other responsible official has been provided with verification thereof. Such verification may be by means of notation on the permit or certificate. In any case where zoning approval is required by this section, and no building permit, certificate of use and occupancy or other permit or approval is required, zoning approval shall be evidenced in writing by means of a standard form provided for such purpose by the zoning administrator.
  4. Zoning approval shall be valid for a period of one year from the date of action by the zoning administrator, and shall become null and void if, within such period, no building permit or certificate of use and occupancy pursuant thereto has been issued. In a case where no building permit is required, zoning approval shall become null and void if, within one year from the date of approval, the feature authorized by the zoning approval has not been established. In any case where zoning approval has expired, application may be made for new zoning approval in accordance with the provisions of this article.
HISTORY
Adopted by Ord. 9-24-91 Paper Archive § 1 on 9/24/1991
Amended by Ord. 98-8 § 1 on 6/23/1998
Amended by Ord. 2023-08 on 7/5/2023

Sec 21-12 Chesapeake Bay Preservation Area

Development or redevelopment of properties identified on the adopted Chesapeake Bay preservation area map, or otherwise identified as lying within Chesapeake Bay preservation areas, shall comply with the requirements of this chapter and those set forth in Article III, Chesapeake Bay Preservation Area of Chapter 4.1, Environmental Protection.

HISTORY
Adopted by Ord. 98-8 § 1 on 6/23/1998

Sec 21-13 Conditional Use Permits

  1. Generally. A conditional use permit granted by the town council shall be required for any uses for which a conditional use permit is specified by the use regulations or other provisions of this chapter. A conditional use permit shall not be issued unless the town council shall find that the use for which the conditional use permit is sought and the operation thereof will not affect adversely the health, safety or welfare of persons residing or working in the neighborhood of the proposed use; will not be detrimental to public welfare or injurious to the property or improvements in the neighborhood; and will be in accord with the purpose of the comprehensive plan. Every use permitted by conditional use permit shall conform with all applicable regulations and restrictions of this chapter, including the requirements of the district in which the use is located. In granting any such use permit, the town council may impose such conditions in connection therewith as will assure that it will conform with the foregoing requirements and will continue to do so, and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be met.
  2. Procedure and accompanying plans. The procedure governing the application for and the granting of conditional use permits when required by this chapter shall be as follows:
    1. The applicant shall make application for the use permit to the zoning administrator on the form provided for the purpose, giving all information required by such form, including such other information which the zoning administrator may deem necessary for an intelligent consideration of the project for which a permit is desired.

      The application shall be accompanied by plans, with such number of copies as determined by policy of the zoning administrator. Conditional use plans shall be drawn to scale, and shall show the following:
      1. Area, shape and dimensions of the property involved and existing and proposed street lines, easements, water courses, drainage ways and floodplains;
      2. Existing and proposed uses of land, buildings and structures, and the number and types of dwelling units on the property, where applicable;
      3. Dimensions and heights of proposed buildings, structures or additions and existing buildings and structures to remain, and the dimensions of yards and setbacks with respect to property lines and existing and proposed street lines;
      4. Elevation drawings of proposed buildings and structures and additions or modifications to the exterior of existing buildings and structures;
      5. Existing and proposed driveways providing access to the site and the arrangement, dimensions and improvement of off-street parking and vehicular circulation areas;
      6. Buffers, screening, fencing, major landscaping, pedestrian walkways and similar features, existing wooded areas, significant trees and other vegetated areas to be retained, location and improvement of trash receptacle areas and location, type, height and intensity of outdoor lighting, if provided; and
      7. Existing permanent signs to remain and proposed permanent signs, including location, lettering, dimensions, lighting, and means of attachment or support.

        The zoning administrator may waive plan elements that are unnecessary to determine compliance with this chapter or to provide a record of the case, and may require such additional information as necessary to determine compliance or to assist the planning commission and town council in evaluating potential impacts of a proposed use.
    2. The zoning administrator shall thereupon submit the application and copies of the plans to the town council and to the planning commission. The zoning administrator shall also submit a recommendation to the planning commission prior to its action.
    3. The planning commission, after giving notice and holding a public hearing as required by section 15.2-2204 of the Code of Virginia, 1950, as amended, shall consider the proposed conditional use permit and send a recommendation to the council, and may appear as a party at the hearing before the council.

      Failure of the commission to report to the town council within one hundred (100) days after the first meeting of the commission after the proposed conditional use permit has been referred to the commission shall be deemed a recommendation of approval, unless the application has been withdrawn by the applicant.

    4. The town council shall give notice and hold a public hearing on the conditional use permit application as required by section 15.2-2204 of the Code of Virginia, 1950, as amended.

      After notice and hearing, the town council may grant or deny the application either in part or in full and may impose such modifications, conditions or restrictions, including limitation of the time for which the conditional use permit shall be valid, which the council in its discretion may determine necessary or requisite in order that the general objectives and purposes of this chapter shall be met.

    5. Upon the granting of a use permit, one copy of the plans, upon which has been indicated the modifications, conditions or restrictions, if any, required by the town council, shall be returned to the applicant, who may thereafter conduct the operation for which the permit has been granted only in such manner and for such a time as the permit and the certified drawing shall specify. A use permit shall be valid for only the specific use it covers in the specific location designated.
    6. Each application for a conditional use permit shall be accompanied by a fee in the amount specified in the schedule of fees established by policy of the town council.
  3. Compliance and revocation. Failure to comply with approved plans or conditions of a conditional use permit shall constitute a violation of this chapter. Upon determination by the zoning administrator of any violation, the conditional use permit may be subject to revocation by the town council if the violation is not corrected within ninety (90) days of written notice to the owner of the property by the zoning administrator. If the violation is not corrected within the specified time, and the zoning administrator is not satisfied that appropriate means are being taken to correct the violation, the town council shall have the authority to revoke the conditional use permit after notice and hearing as provided by section 15.2-2204 of the Code of Virginia, 1950, as amended.
  4. Existing uses. A use lawfully existing on the effective date of this provision or other amendment to this chapter, for which a conditional use permit is required by this chapter and for which a conditional use permit has not been granted by the town council, shall not be considered a nonconforming use because of its classification as a conditional use. Expansion of such use or approval of any site plan required by this chapter for such use shall require that a conditional use permit be granted in accordance with the provisions of this article.
  5. Modifications or amendments. Minor modifications to approved plans or building details of an approved conditional use permit may be authorized by the zoning administrator when such modifications do not: significantly alter the boundaries of the property; conflict with specific requirements of this chapter or conditions of the approved conditional use permit; significantly decrease the width or depth of any yard, setback or buffer area; or significantly alter points of access to the property or the internal arrangement of site plan elements. Any other change shall require an amendment subject to the same procedures and requirements as a new application.
  6. Expiration. An approved conditional use permit shall become null and void if no application for a building permit to construct the authorized improvements has been submitted within one year of the date of its approval. In the case of development for which no building permit is required, the conditional use permit shall become null and void if the use or improvement is not established within one year of the date of approval. The town council may specify a longer period in its approval of a conditional use permit.
  7. Discontinuance. A conditional use permit shall run with the land, unless otherwise specified by condition imposed by the town council, provided that any use established pursuant to an approved conditional use permit shall not be reestablished if replaced by a different use or if discontinued for a period of two (2) years or longer.
  8. Reconsideration. Whenever a conditional use permit application is denied, substantially the same application shall not be considered again by the town council within one year from the date of denial.

HISTORY
Adopted by Ord. 7-27-93 Paper Archive § 1 on 7/27/1993
Amended by Ord. 4-23-96 Paper Archive § 1 on 4/23/1996
Amended by Ord. 98-8 § 1 on 6/23/1998

Sec 21-13.1 Reserved


Sec 21-14 Official Zoning Map

The location and boundaries of the zoning districts established by this section are as indicated on a map entitled "Official Zoning Map, Ashland, Virginia," identified by the signature of the town manager, attested to by the clerk of council, together with the date of adoption. Said map shall be deemed a part of this chapter as if it were fully set forth herein.

Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map, which shall be located in the office of the town manager, shall be the final authority as to the current zoning status of land, structures, and other uses in the town.

HISTORY
Adopted by Ord. 98-8 § 1 on 6/23/1998
Amended by Ord. 98-23 § 1 on 12/15/1998

Sec 21-15 Recording Amendments On The Official Zoning Map

Whenever any amendment is made to the official zoning map by action of the town council, such change shall be incorporated onto said map at such time and in such manner as town council may prescribe. Said changes shall be validated with reference to correct notation by the town manager, who shall affix his signature thereto, thereby certifying that approved amendments to the official zoning map have been correctly incorporated. The date of official action and nature of the change shall be entered on the map. Any such change shall have the effect of law at 12:01 a.m. on the day following its legal adoption or on its effective date, if such effective date is officially established as other than the day following its legal adoption whether or not it has been shown on the official zoning map. Any delay in or failure to record an amendment on the official zoning map, or any error in depicting the zoning boundary or other aspect of the amendment on the official zoning map, shall not affect the validity of the ordinance providing for the amendment.

HISTORY
Adopted by Ord. 98-8 § 1 on 6/23/1998

Secs 21-16 Through 21-22 Reserved

Editors Note: An ordinance adopted on Dec. 15, 1998, repealed §§ 21-16—21-22.

98-8

2014-02

2015-01

2023-08

98-23