Under Article 7 of Chapter 22 of Title 15.2, § 15.2-2280 et seq. of the Code of Virginia, 1950, as amended,* the governing body of any city, town or county may by ordinance classify the territory under its jurisdiction or any substantial portion thereof into districts of such number, shape and size as it may deem best suited to carry out the purposes of the article, and in each district it may regulate, restrict, permit, prohibit, and determine 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 on the sizes of lots based on whether a public or community water supply or sewerage system is available and used; and (d) the excavation or mining of soil or other natural resources.

* 1997 replacement volume.

(Ord. of 12-11-00)

Pursuant to the above authority, this chapter is for the general purpose of promoting the health, safety, or general welfare of the citizens of South Hill, Virginia, and of further accomplishing the intent set out in Code of Virginia, § 15.2-2200. To these ends, this chapter classifies the incorporated portion of the town into districts of such number, shape, and size as the town council deems best suited to carry out the purposes of Code of Virginia, ch. 22, art. 7, and specifically to promote the purposes of § 15.2-2283 of such Code.

(Ord. of 12-11-00)

The zoning classifications (districts) into which the town is divided, together with the accompanying regulations, are designed to give reasonable consideration to each of the following purposes, where applicable: (a) to provide for adequate light, air, convenience of access, and safety from fire, flood 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, 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 protect approach slopes and other safety areas of licensed airports, including United States government and military air facilities; (j) to promote the creation and preservation of affordable housing suitable for meeting the current and future needs of the locality as well as a reasonable proportion of the current and future needs of the planning district within which the locality is situated; and (k) to protect surface water and ground water as defined in Code of Virginia, § 62.1-255, by including reasonable provisions, not inconsistent with applicable state water quality standards.

(Ord. of 12-11-00)

This chapter shall be known and be cited as the "Zoning Ordinance of South Hill, Virginia" and it shall apply to the incorporated area of the town.

(Ord. of 12-11-00)

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety and general welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, or resolutions, the most restrictive, or that imposing the higher standards, shall govern. This chapter does not affect, abrogate or annul any easements, covenants or other agreement between private parties.

(Ord. of 12-11-00)

Permitted uses and special exception uses listed in the district regulations shall be permitted in the respective districts, provided they comply with all applicable provisions of this chapter. All other uses shall be prohibited.

(Ord. of 12-11-00)

(a)

Group homes. In furtherance of the state policy expressed in Code of Virginia, § 15.2-2291, as amended, it shall be the policy of the town that a residential facility in which no more than eight mentally ill, mentally retarded, or developmentally-disabled persons reside, with one or more resident counselors or other staff persons, shall be considered for all purposes residential occupancy by a single family. No conditions more restrictive than those imposed on residences occupied by persons related by blood, marriage, or adoption shall be imposed on such facility. For purposes of this subsection, "residential facility" means any group home or other residential facility which the Department of Mental Health, Mental Retardation and Substance Abuse Services is the licensing authority pursuant to this Code. For the purposes of § 15.2-2291, mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in the Code of Virginia.

(b)

Family day homes. In furtherance of the state policy expressed in Code of Virginia, § 15.1-2292, as amended, it shall be the policy of the town that a family day home as defined therein serving one through five children exclusive of the provider's own children and any children who reside in the home shall be considered to be, for all purposes, residential occupancy by a single family. No conditions more restrictive than those imposed on residences occupied by persons related by blood, marriage, or adoption shall be imposed upon such a home.

(c)

Accessibility. It is the policy of the town that all newly designed and constructed buildings, facilities, parking areas and other spaces authorized under this chapter shall meet the requirements for accessibility by physically handicapped persons as set out in the Title III of the Americans with Disabilities Act (Public Law 101-336), which prohibits discrimination on the basis of disability by private entities in places of public accommodation, and requires that all new places of public accommodation and commercial facilities be designed and constructed so as to be readily accessible to and usable by persons with disabilities.

(Ord. of 12-11-00)

For the purpose of this chapter, the definitions set out in chapter 99.1 and all conditions related thereto, shall apply when such words or terms appear in this chapter.

(Ord. of 12-11-00)

The regulations set forth for each district in this chapter shall be minimum regulations and shall be uniform for each class of buildings and uses throughout each district, although the regulations in one district may differ from those in other districts.

(Ord. of 12-11-00)

All territory which may hereafter be added to the town by annexation or other means shall be considered to be in the R1-40 transitional suburban residential district until otherwise amended by ordinance as prescribed in article XVI of this chapter, or unless otherwise provided for by the order entering the boundary adjustment or annexation into effect.

(Ord. of 12-11-00)

Should any section or provision of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.

(Ord. of 12-11-00)

All ordinances or parts of ordinances in conflict with this chapter or inconsistent with the provisions of this chapter are hereby repealed to the extent necessary to give this chapter full force and effect.

(Ord. of 12-11-00)

The ordinance from which this chapter derives was adopted on December 11, 2000, by the town council and is effective after 12:01 a.m. on December 12, 2000.

(Ord. of 12-11-00)