This appendix shall be known, cited, and referred to as the "Zoning Ordinance of the Town of Clifton Forge, Virginia" and shall include all provisions contained herein, together with the town's zoning map.

(a)

The location and boundaries of the zoning districts established by this appendix, other than the floodplain districts, shall be as shown on the "Official Zoning Map, Town of Clifton Forge, Virginia," dated September 10, 2013, as amended, which is maintained by the department of community development and is hereby made a part of this appendix. Such map, together with all notations, references, and other information shown thereon, and all amendments thereto, shall be referred to in this appendix as the "Official Zoning Map." The locations and boundaries of the floodplain districts are shown as described in section 5-30 of this appendix.

(b)

Upon the adoption of ordinances amending the official zoning map, the town clerk shall forward to the department of community development attested copies of such ordinances. Upon receipt of these ordinances, the zoning administrator shall see that the amendment is properly recorded on the map, along with the effective date and nature of the amendment.

(c)

A certified copy of the zoning ordinance and official zoning map of the town shall be maintained in the office of the zoning administrator and in the office of the clerk of the circuit court.

This appendix, adopted by the town pursuant to Code of Virginia, § 15.2-2280, as amended, classifies the territory of the town into districts of such number, shape and size as deemed best suited to carry out the purposes of this appendix, and in each district regulates, restricts, permits, prohibits, and determines the following:

(a)

The use of land, buildings, structures and other premises for agricultural, business, 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 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; or

(d)

The excavation or mining of soil or other natural resources.

The effective date of this appendix shall be from and after its passage and legal application, and its provisions shall be in force thereafter until repealed.

Pursuant to Code of Virginia, § 15.2-2283, as amended, zoning regulations and districts are set forth in this appendix for the general purposes of implementing the comprehensive plan of the town and promoting the health, safety, and general welfare of the public. To these ends, this appendix is designed to give reasonable consideration to each of the following purposes:

(a)

To provide for adequate light, air, convenience of access, and safety from fire, flood, impounding structure failure, crime and other dangers;

(b)

To reduce or prevent congestion in the public streets;

(c)

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

(d)

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;

(e)

To protect against destruction of or encroachment upon historic areas;

(f)

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 and transportation, or loss of life, health, or property from fire, flood, impounding structure failure, panic or other dangers;

(g)

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

(h)

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

(i)

To 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 situated; and

(j)

To protect surface water and ground water as defined in Code of Virginia, § 62.1-255, as amended.

(a)

General applicability. Pursuant to Code of Virginia, § 15.2-2281, as amended, the provisions of this appendix shall apply to the development and use of all land and structures within the incorporated area of the town to the extent permitted by law.

(b)

Exemptions. Except where specifically provided for in this appendix, railroad tracks, signals, bridges, and similar facilities located on a railroad right-of-way shall be exempt from the regulations of this appendix. Such exemption shall not apply to railroad yards, railroad shops, and similar facilities.

This appendix implements the comprehensive plan of the town, as amended.

Should any article, section, or provision of this appendix be decided by the courts to be unconstitutional or invalid, such decision of the court shall not affect the validity or enforceability of the appendix as a whole, or any part thereof other than the part so held to be unconstitutional or invalid, and such remainder of this appendix shall continue in full force and effect.

(a)

Nothing in this appendix shall be construed to authorize the impairment of any vested right. Without limiting the time when rights might otherwise vest, a property owner's rights shall be deemed vested in a land use and such vesting shall not be affected by a subsequent amendment to this appendix, when the property owner:

(1)

Obtains or is the beneficiary of a significant affirmative governmental act which remains in effect allowing development of a specific project;

(2)

Relies in good faith on the significant affirmative governmental act; and

(3)

Incurs extensive obligations or substantial expenses in diligent pursuit of the specific project in reliance on the significant affirmative governmental act.

(b)

For purposes of this section and without limitation, and pursuant to Code of Virginia, § 15.2-2307, as amended, the following are deemed to be significant affirmative governmental acts allowing development of a specific project:

(1)

The town council has accepted proffers or proffered conditions which specify use related to a zoning amendment;

(2)

The town council has approved an application for a rezoning for a specific use or density;

(3)

The town council has granted a conditional use permit;

(4)

The board of zoning appeals has approved a variance;

(5)

The town council or its designated agent has approved a preliminary subdivision plat, site plan, or plan of development for the landowner's property and the applicant diligently pursues approval of the final plat or plan within a reasonable period of time under the circumstances;

(6)

The town council or its designated agent has approved a final subdivision plat, site plan, or plan of development for the landowner's property; and

(7)

The zoning administrator or other administrative officer has issued a written order, requirement, decision or determination regarding the permissibility of a specific use or density of the landowner's property that is no long subject to appeal and no longer subject to change, modification or reversal under Code of Virginia, § 15.2-2311.C, as amended.