This chapter, the full title of which is "Zoning Ordinance, Town of Mount Jackson, Virginia," may, for convenience, be referred to as the "Mount Jackson Zoning Ordinance," and the accompanying map, titled "Zoning Map, Town of Mount Jackson, Virginia," may be referred to as the "Mount Jackson Zoning Map."

(Ord. No. 06-2020, Att. 1, 6-9-2020)

Pursuant to Virginia Code § 15.2-2280 and 2281, as amended, the Town of Mount Jackson is given the authority to classify and regulate land development under its jurisdiction. The Town of Mount Jackson's Comprehensive Plan embodies the community's vision and goals. Two primary mechanisms for achieving the town's land use goals are the zoning and subdivision ordinances. The zoning ordinance sets forth the regulations that legally enforce land use policies and establishes the rules guiding the development of land within the town. Similarly, the subdivision ordinance establishes the rules by which land can be divided, often setting the stage for subsequent development under the zoning regulations. These two land use tools work hand in hand to help achieve the town's vision regarding land use and the overall well-being of the community.

(Ord. No. 06-2020, Att. 1, 6-9-2020)

(a)

This ordinance, and any amendments hereto, have been adopted for the general purpose of implementing the comprehensive plan of the Town of Mount Jackson; for the purpose of promoting the health, safety, or general welfare of the public; and, of further accomplishing the objectives established in Virginia Code § 15.2-2283, as amended. To these ends, this chapter is designed to give reasonable consideration to each of the following purposes:

(1)

Provide for adequate light, air, convenience of access, and safety from fire, flood, 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;

(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, panic, or other dangers;

(7)

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

(8)

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

(9)

Promote the creation and preservation of affordable housing suitable for meeting the current and future needs of the town; and

(10)

Protect surface and groundwater resources.

(b)

This chapter shall not be deemed to interfere with, abrogate, annul, or otherwise affect, in any manner whatever, any easements, covenants, or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or permits or by easements, covenants or agreements, the provisions of this chapter shall prevail.

(Ord. No. 06-2020, Att. 1, 6-9-2020)

The provisions of this chapter shall apply to all property within the corporate limits of the Town of Mount Jackson, Virginia, with the exception that any property held in fee simple ownership by the United States of America or the Commonwealth of Virginia shall not be subject to the provisions contained herein.

(Ord. No. 06-2020, Att. 1, 6-9-2020)

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 the ordinance as a whole, or any part thereof, other than the part so held to be unconstitutional or invalid.

(Ord. No. 06-2020, Att. 1, 6-9-2020)