This Ordinance shall be known as and may be cited as the Zoning Ordinance of Smyth County, Virginia, when officially codified by the governing body.

(Ord. of 10-12-2001)

This Ordinance became effective on January 1, 2002. The provisions contained in this Ordinance shall apply to the unincorporated territory of Smyth County, Virginia.

(Ord. of 10-12-2001)

This Ordinance is established pursuant to Chapter 22 of Title 15.2 of the Code of Virginia, 1950, as amended, and is for the general purpose of promoting the health, safety, and general welfare of the public and of further accomplishing the objectives of Section 15.2-2200 et seq. of the Code of Virginia, 1950, as amended. This Ordinance is intended to classify the unincorporated territory of Smyth County, Virginia into zoning districts to carry out the purposes of Chapter 22 of Title 15.2 of the Code of Virginia, as amended.

The ordinance is designed to give reasonable consideration to each of the following purposes, where applicable:

(1)

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

(2)

To reduce or prevent congestion in the public streets;

(3)

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

(4)

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;

(5)

To protect against destruction of or encroachment upon historic areas;

(6)

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, panic, or other dangers;

(7)

To 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 land of significance for the protection of the natural environment;

(9)

To protect approach slopes and other safety areas of licensed airports, including United States Government and Military Air Facilities;

(10)

To promote affordable housing; and

(11)

To protect surface water and groundwater.

It is further intended that this Ordinance provide a careful balance between the fundamental property rights and interests of private citizens with the needs of the community as a whole. The development of this Ordinance is intended to be in harmony with the Smyth County Comprehensive Plan.

(Ord. of 10-12-2001)

1-4.1. Provisions are Minimum Requirements. In their interpretation and application, the provisions in this Ordinance shall be construed to be minimum requirements. The provisions of this Ordinance shall be interpreted and applied in accordance with the definitions of words and terms found in Article X of this Ordinance and the general rules of interpretation set forth in Article II and Article VIII of this Ordinance.

1-4.2. Conflict with Other Provisions. Where a requirement imposed by any provision of this Ordinance is at variance with any other provision thereof or with the requirements of any other lawfully adopted regulation, the most restrictive requirement, or that which imposes the higher standard, shall govern.

1-4.3. Private Covenants and Restrictions. The provisions of this Ordinance shall not be construed to affect, interfere with, or abrogate any condition, covenant, limitation, or restriction contained in any deed, contract or other private agreement relating to the use of any land or buildings; provided that whenever the provisions of the ordinance impose greater restrictions on the use of land or buildings than are imposed by any such condition, covenant, limitation, restriction, the provisions of this Ordinance shall govern.

1-4.4. Vested Rights. Nothing in this Ordinance shall be construed to authorize the impairment of any vested right. All uses and structures existing upon the date of adoption of this Ordinance which do not conform to the zoning prescribed for the district in which they are situated may be continued, in accordance with Article V of this Ordinance, pertaining to nonconforming uses and features.

1-4.5. Severability. Should any section, subsection, paragraph, phrase, definition or provision of this Ordinance be declared by the courts to be invalid or unconstitutional, such decision shall not affect the validity of this Ordinance, as a whole or any part thereof, other than the part so declared to be invalid or unconstitutional.

(Ord. of 10-12-2001)