This chapter is established pursuant to Code of Virginia, article 7 of chapter 22 of title 15.2 (Code of Virginia, § 15.2-2280 et seq.), and is intended to classify the territory within the town into zoning districts to carry out the purposes of that article, and is for the general purpose of promoting the health, safety or general welfare of the public and of further accomplishing the objectives of Code of Virginia, § 15.2-2200. To these ends, this chapter is designed to give reasonable consideration to 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, obstruc- tion 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; and

(8)

To provide for the preservation of agricultural and forestal lands, and to protect surface water and groundwater.

(Ord. of 3-27-89, § 15-1)

This chapter shall be known and may be cited as the "Zoning Ordinance of the Town of West Point, Virginia."

(Ord. of 3-27-89, § 15-2)

The provisions of this chapter shall apply to the territory of the Town of West Point.

(Ord. of 3-27-89, § 15-3)

In their interpretation and application, the provisions of this chapter shall be construed to be minimum requirements, adopted for the promotion of the public health, safety and general welfare. Where a condition imposed by any provision of this chapter is at variance with any other provision thereof or with the requirements of any other lawfully adopted regulations, the most restrictive, or that which imposes the higher standard, shall govern.

(Ord. of 3-27-89, § 15-4)

The provisions of this chapter shall not be construed to affect, interfere with or abrogate any condition, covenant, limitation or restriction contained in any deed, contract or agreement relating to the use of any land or buildings. Whenever the provisions of this chapter impose greater restrictions on the use of land or buildings than are imposed by any such condition, covenant, limitation or restriction, the provisions of this chapter shall govern.

(Ord. of 3-27-89, § 15-5)

(a)

No building, structure or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved, converted or structurally altered except in conformity with all of the regulations specified in this chapter for the district in which such building, structure or land is located and in conformity with all other applicable provisions of this chapter.

(b)

No yard, lot area, open space or other feature required by the provisions of this chapter shall be reduced or eliminated by private action except in conformity with the regulations established by this chapter.

(c)

No part of any lot, yard, other space or feature required for a building, structure or use shall be encroached upon or considered as lot, yard, other space or feature for any other building, structure or use except as may be specifically permitted by the provisions of this chapter.

(Ord. of 3-27-89, § 15-6)

(a)

It shall be unlawful for any owner of any land, building or premises, or the agent thereof having possession or control of such property, or for any lessee, tenant, architect, engineer, builder, contractor or any other person to violate any of the provisions of this chapter or of any special exception, variance or special use permit granted under the provisions of this chapter. It shall be unlawful for any such owner, agent, lessee, tenant, architect, engineer, builder, contractor or other person to take part in or to assist in any such violation.

(b)

A violation of the provisions of this chapter shall be a misdemeanor punishable as provided in Code of Virginia, § 15.2-2286.

(Ord. of 3-27-89, § 15-11)

Permitted uses listed in the district regulations of this chapter 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 3-27-89, § 15-7)

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 3-27-89, § 15-8)

This chapter shall become effective from and after the date of its approval and adoption, as provided by law, such date being March 27, 1989.

(Ord. of 3-27-89, § 15-9)

Nothing contained in this chapter shall be construed to require any change in the plans, construction or intended use of any building or land for which a permit was lawfully issued prior to the effective date of this chapter, or any amendment thereto, provided that such construction is commenced or, in a case where no construction is involved, occupancy occurs prior to the expiration of such permit as specified by the provisions of this chapter or other applicable laws. In any case where a permit expires or ceases to be valid, or where construction is discontinued for a period of six months or greater, further construction and use shall conform with the applicable provisions of this chapter.

(Ord. of 3-27-89, § 15-10)