The following sections contain introductory provisions.

(Ord. No. 17-O-13, 8-8-2017)

These regulations shall be known officially as the "Herndon Zoning Ordinance" and may be referred to as the "zoning ordinance" or "this chapter."

(Ord. No. 17-O-13, 8-8-2017)

(a)

Authorization. The Herndon Town Council is authorized to adopt this chapter pursuant to the enabling authority contained in the Code of Virginia generally including without limitation Title 15.2, Chapter 22 of the Code of Virginia, the Town of Herndon Charter, and all other relevant laws of the Commonwealth of Virginia.

(b)

Virginia Code amendments. Whenever any provision of this chapter refers to or cites a section of the Code of Virginia and that section is later amended or superseded, this chapter shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.

(Ord. No. 17-O-13, 8-8-2017)

(a)

Purpose. The town council, for the purpose of promoting the health, safety, or general welfare of the public and of further accomplishing the objectives of Title 15.2, Chapter 22 of the Code of Virginia, authorizes that this chapter is adopted as the zoning ordinance of the town, together with the accompanying official zoning map that is on file in the zoning administrator's office.

(b)

Intent. This chapter is intended to:

(1)

Provide for adequate light, air, convenience of access, and safety from fire, flood, crime, pollution and other dangers;

(2)

Reduce or prevent congestion in the public and private streets and driveways;

(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, surface drainage, and other public requirements and amenities;

(5)

Protect against destruction of or encroachment upon historic areas;

(6)

Protect against overcrowding of land, undue density of population in relation to housing resources and 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, panic, or other dangers;

(7)

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

(8)

Protect surface water and ground water;

(9)

Provide reasonable opportunities for the use of property;

(10)

Conserve properties and their values and encourage the most appropriate use of land;

(11)

Ensure a balance between the natural and built environments, and between residential and nonresidential uses;

(12)

Ensure a minimum quality in the design and site planning of development, particularly for uses of higher than average density or intensity;

(13)

Prevent overcrowding in residential neighborhoods;

(14)

Provide for adequate transitions between land uses of different intensities and impacts and for compatibility of new development, especially for neighborhoods, the downtown, and nearby transitional areas;

(15)

Ensure a minimum quality in the design and function of the public streetscape, its elements, and adjacent areas such as: sidewalks, street trees, building facades, and connections between streets;

(16)

Protect and enhance trees and vegetation;

(17)

Ensure a minimum provision of usable and accessible open space, with active and passive recreational amenities;

(18)

Facilitate a variety of modes of transportation and movement;

(19)

Enhance the unique characteristics of historic resources and ensure a built environment that is historically worthy for future generations.

(20)

Establish a pleasing identity that distinguishes the town from surrounding urban and suburban areas; and

(21)

Implement the town's comprehensive plan policies.

(Ord. No. 17-O-13, 8-8-2017; Ord. No. 20-O-61, § 1, 11-17-2020)

(a)

Applicability. The provisions of this chapter shall apply to all development within the corporate limits of the Town of Herndon, unless expressly exempted by the terms of this chapter.

(b)

Development. No development shall occur in the town without the appropriate permit for that purpose.

(c)

Municipal land, uses and structures. Except as stated by the terms of this chapter, the provisions of this chapter shall apply to all land, all development, and the use of all structures and land owned or held in tenancy by the town or its agencies or departments, by Loudoun or Fairfax Counties or their agencies or departments, by utilities, school districts, and any special districts located within the incorporated areas of the town.

(d)

Compliance with other regulations. No development shall occur within the corporate limits of the town without full compliance with the provisions of this chapter and all other applicable town, state, and federal regulations.

(Ord. No. 17-O-13, 8-8-2017)

(a)

Inconsistent provisions. If the provisions of this chapter are inconsistent with one another or if the provisions of this chapter conflict with provisions found in other adopted codes, ordinances, or regulations of the town, the more restrictive provision shall govern unless the terms of the provisions specify otherwise.

(b)

Private agreements. The town shall not be responsible for monitoring or enforcing private easements, covenants, restrictions, or homeowner associations and their documents, although the town may inquire as to whether or not land is subject to easements, covenants, and restrictions during the review of development applications.

(c)

Comprehensive plan. The comprehensive plan for the town shall serve as the basic policy guide for the administration of this chapter. The policies of the comprehensive plan may be amended from time to time to meet the changing requirements of the town.

(d)

Town Code compliance. Other chapters of the Herndon Town Code contain additional standards regarding development within the town. It is the intent of the town to administer this chapter in accordance with these other chapters.

(Ord. No. 17-O-13, 8-8-2017)

The following rules shall apply for construing or interpreting the terms and provisions of this chapter.

(a)

Meanings and intent. All provisions, terms, phrases, and expressions contained in this chapter shall be construed according to the general purposes set forth in section 78-10.3, purpose and intent and the specific purpose statements set forth throughout this chapter. When a specific section of this chapter gives a different meaning than the general definition provided in Article XVIII, Definitions, the specific section's meaning and application of the term shall control.

(b)

Instances of inconsistency. In the event of a conflict or inconsistency between the text of this chapter and any caption, figure, illustration, table, or map, the text shall control.

(c)

Lists and examples. Unless otherwise specifically indicated, lists of items or examples that use terms such as "for example," "including," and "such as," or similar language are intended to provide examples and are not exhaustive lists of all possibilities.

(d)

Computation of time. The time in which an act is to be done shall be computed by excluding the first day and including the last day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday observed by the town, the deadline or required date of action shall be the next day that is not a Saturday, Sunday or holiday observed by the town. References to days are calendar days unless otherwise stated.

(e)

References to other regulations/publications. Whenever reference is made to a resolution, ordinance, statute, regulation, or document, it shall be construed as a reference to the most recent edition of such regulation, resolution, ordinance, statute, regulation, or document, unless otherwise specifically stated.

(f)

Technical and non-technical terms. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

(g)

Public officials and agencies. All public officials, bodies, and agencies to which references are made are those of the Town of Herndon, unless otherwise indicated.

(h)

Mandatory and discretionary terms. The words "shall," and "must" are mandatory in nature, establishing an obligation or duty to comply with the particular provision. The words "may" and "should" are permissive in nature.

(i)

Conjunctions. Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:

(1)

And. "And" indicates that all connected items, conditions, provisions or events apply; and

(2)

Or. "Or" indicates that one or more of the connected items, conditions, provisions or events apply.

(j)

Tenses, plurals, and gender. Words used in the present tense include the future tense. Words used in the singular number include the plural number and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise. Words used in the masculine gender include the feminine gender, and vice versa.

(Ord. No. 17-O-13, 8-8-2017)

It is the legislative intent of the town council in adopting this chapter that all provisions be liberally construed to protect and preserve the public health, safety, and welfare of the property owners and residents of the town. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The town council declares that it would have passed this chapter and any section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.

(Ord. No. 17-O-13, 8-8-2017)

(a)

Effective date. The effective date of this chapter is July 1, 2006. This chapter shall apply to applications submitted and accepted under this chapter on or after this date. This chapter shall not affect any complete application that has been submitted and accepted for review but for which no final action has been taken by the appropriate decision-making body prior to the effective date of this chapter. Such application shall be considered processed and acted on under the law in effect prior to the effective date of this chapter.

(b)

Transitional rules. When a development plan has been commenced or approved under a previous version of this chapter, it may be completed only in accordance with the provisions below.

(1)

Development approved before July 1, 2006. A development for which approval is granted by the town prior to July 1, 2006 that is deemed to be a significant affirmative governmental act allowing development of a specific project pursuant to Code of Virginia § 15.2-2307, may be completed in accordance with the development approval or permit. The development approvals and permit subject to this provision shall include:

a.

An official zoning map amendment, subject to proffers, to the extent that the proffers or generalized development plan conflict with this chapter;

b.

An official zoning map amendment for a specific use or density;

c.

A conditional use permit, to the extent that the permitted uses or generalized development plan conflict with this chapter;

d.

A variance;

e.

A certificate of appropriateness;

f.

A site plan approval;

g.

Preliminary plans, engineering plans and record plats for subdivision;

h.

Building permits; and

i.

Any other permit or approval vested by Code of Virginia § 15.2-2307.

(2)

Site plan, subdivision plan, building permit approved before July 1, 2006. If development for which a site plan, a preliminary plan for subdivision, a record plat for subdivision, or a building permit was granted prior to July 1, 2006 fails to comply with any time frames in effect for development applications at the time of approval, the final approval shall expire and future development shall be subject to the requirements of this chapter.

(c)

Violations. Any violation of the previous zoning ordinance (Chapter 78, Zoning) of the town shall continue to be a violation under this chapter and shall be subject to the penalties and enforcement set forth in Article XVII, Enforcement, Remedies and Violations, unless the use, development, construction, or other activity complies with the express terms of this chapter.

(Ord. No. 17-O-13, 8-8-2017)