This chapter shall be known as the "Town of Vienna Zoning and Subdivision Ordinance" and may be cited as and referred to herein as the "Chapter."

This Zoning and Subdivision Ordinance is adopted pursuant to the powers granted and limitations imposed by § 15.2-2280 et seq., of the Code of Virginia, 1950, as amended.

The provisions of this Zoning and Subdivision Ordinance shall apply to all property within the corporate limits of the Town of Vienna, Virginia, excepting those areas determined by law to be under the sovereign control of the United States of America, the Commonwealth of Virginia, or the County of Fairfax, Virginia.

(Ord. of 2-24-2025)

This Zoning and Subdivision Ordinance is adopted in order to protect the health, safety, and welfare of the Town of Vienna; to advance the objectives set out in § 15.2-2200 of the Code of Virginia, 1950, as amended; and to implement the Vienna Comprehensive Plan.

If any section, paragraph, subdivision, clause, phrase, or provision of this Chapter shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this Chapter as a whole or any part or provision thereof, other than the part so determined to be invalid or unconstitutional.

(Ord. of 2-24-2025)

1.

Repeal: All Zoning Ordinances, maps or parts thereof in conflict with the provisions of this Zoning and Subdivision Ordinance are hereby repealed. Except as expressly provided in this Chapter, such repeal shall not affect or impair any act done, offense committed or right accrued, or liability, penalty, forfeiture or punishment incurred prior to the time such repeal takes affect; the same may be enjoyed, asserted, enforced, prosecuted or inflicted, as fully and to the same extent as if such repeal had not been affected.

2.

Conflict with state or federal regulations: If the provisions of this chapter are inconsistent with those of the state or federal government, the more restrictive provision will control, to the extent permitted by law.

3.

Conflict with other Town regulations: If the provisions of this Chapter are inconsistent with one another, or if they conflict with provisions found in other adopted ordinances, regulations of the Town, any proffers or conditions of approval, the more restrictive provision will control unless otherwise expressly stated.

4.

Conflict with private agreements and covenants: This chapter is not intended to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. The Town does not enforce private covenants. Town regulations must be complied with, regardless of any easement, covenant, deed restriction or other agreement between private parties. If the provisions of this chapter impose a greater restriction than imposed by a private agreement or covenant, the provisions of this chapter control.

1.

Regulations set forth by this chapter shall be interpreted as providing minimum regulations necessary to promote and protect the public health, safety and welfare. If the requirements set forth in this chapter are at variance with the requirements of any other lawfully adopted uses, regulations, or ordinances, the more restrictive or higher standard shall govern. The more restrictive provision is the one that imposes more stringent controls.

2.

Where private building or property restrictions in recorded deeds are more restrictive than those required by this chapter, the private restrictions are not superseded by the provisions of this Chapter.

3.

Whenever a defined word appears in the Chapter, its meaning is as defined in this Chapter. Words not defined in this Chapter are interpreted in accordance with their usual dictionary meaning and customary usage.

4.

All references to other regulations or manuals in this Chapter refer to the most current version and citation for those regulations or manuals, unless expressly indicated otherwise. When the referenced regulations or documents have been repealed and have not been replaced by other regulations or manuals, Chapter requirements are no longer in effect.

5.

Illustrations, diagrams, and flowcharts are included in this Chapter to illustrate the intent and requirements of the text. In the case of a conflict between the text and any illustration, diagram, or flowchart, the text governs and controls.

6.

The language of this Chapter shall be interpreted as follows:

A.

Words used in one tense (past, present, or future) include all other tenses, unless the context clearly indicates the contrary. The singular includes the plural, and the plural includes the singular.

B.

The words "shall," "will," and "must" are mandatory. The words "may" and "should" are advisory and discretionary terms.

7.

Division headings are provided for ease of use and organization and shall not be interpreted as regulatory.

8.

Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows: the word "and" indicates that all connected items, conditions, provisions, or events apply; and the word "or" indicates that one or more of the connected items, conditions, provisions, or events may apply.

Except as otherwise expressly stated herein, the provisions of this Zoning and Subdivision Ordinance shall become effective January 1, 2024.

1.

Applications accepted as complete before January 1, 2024, but still pending final action as of that date, will be processed in accordance with the regulations in effect when the application was accepted. To the extent such an application is approved and proposes development that does not comply with this Ordinance, the subsequent development, although permitted, will be nonconforming and subject to the provisions of Article 7: Nonconformities.

2.

An applicant with a pending application accepted as complete before January 1, 2024, may opt to have the proposed development reviewed and decided under the standards of this Ordinance by withdrawing the pending application and submitting a new application in accordance with the procedures and standards of this Ordinance, at no charge to the applicant for any components that replace the original application.

3.

Applications accepted as complete will be processed in accordance with any time frames for review, approval, and completion established in the regulations in effect at the time the application was accepted as complete. If the application fails to comply with the required time frames, it will expire and future development will be subject to the requirements of this Chapter 18, as effective on January 1, 2024, or as subsequently amended.