Except as provided in this article, no building, structure, land or parts thereof shall be used or occupied, erected, constructed or assembled, moved, enlarged or structurally altered, unless in conformity with the provisions of this chapter.

(Code 1968, § 29-3)

(a)

The town is hereby divided into zones or districts, as shown on the official zoning map, which, together with all explanatory matter thereon, is hereby adopted by reference and

declared to be part of this chapter, together with all future notations, references and amendments.

(b)

The official zoning map shall be identified by the signatures of the governing body and attested to by the secretary of that body, together with the date of the adoption of this chapter (June 2, 1987).

(c)

The official zoning map shall be located in a public place, as designated by the governing body, and shall be the final authority as to the current zoning status of land and water areas in the town, regardless of unofficial copies which may have been made or published from time to time. The official zoning map shall be available to the public at its immediate request.

(Code 1968, § 29-4)

(a)

If, in accordance with the provisions of this chapter and the Code of Virginia, changes are made in district boundaries or other matters portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly after the amendment has been approved by the governing body.

(b)

No changes of any nature shall be made in the official zoning map or matters shown thereon, except in conformity with the procedures set forth in this chapter or any state law, if applicable. All changes shall be noted on the official zoning map by date, with a brief description of the nature of the change.

(c)

Conditional zoning.

(1)

Proffer of conditions—An applicant for rezoning (amendment of the zoning map) may, as a part of the rezoning application, voluntarily proffer, in writing, reasonable conditions to become a part of the requested zoning on the property, pursuant to the provisions of § 15.2-2298, Code of Virginia. All such proffered conditions shall be in addition to the regulations for the zoning district as set forth in the ordinance, except that an approved proffer modifies the regulations.

(2)

Criteria—Any proffer shall meet the following criteria:

i.

The rezoning itself gives rise to the need for the conditions;

ii.

The conditions have a reasonable relation to the rezoning;

iii.

All conditions are in conformity with the town comprehensive plan; and

iv.

In the event proffered conditions include the dedication of real property or payment of cash, the property shall not transfer and the payment of cash shall not be made until the facilities for which the property is dedicated or cash is tendered are included in the town capital improvement program, provided that nothing herein shall prevent a locality from accepting proffered conditions which are not normally included in a capital improvement program. If proffered conditions include the dedication of real property or the payment of cash, the proffered conditions shall provide for the disposition of the property or cash payment in the event the property or cash payment is not used for the purpose for which proffered.

(3)

Amendment of proffer by applicant—An applicant may amend a proffer at any time prior to the public hearing before the town council, but not thereafter.

(4)

Effect of proffered conditions/subsequent ordinance amendments.

i.

Upon the approval of a rezoning with proffered conditions, the conditions approved shall be a part of the rezoning on the property and nonseverable therefrom. The conditions shall continue in effect until a subsequent amendment changes the zoning on the property covered by the conditions; however, the conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance.

ii.

Notwithstanding the foregoing, in the event proffered conditions include a requirement for the dedication of real property of substantial value, or substantial cash payment for or construction of substantial public improvements, the need for which is not generated solely by the rezoning itself, then no amendment to the zoning map for the property subject to such conditions, nor the conditions themselves, nor any amendments to the text of the zoning ordinance with respect to the zoning district applicable thereto initiated by the town council, which eliminate, or materially restrict, reduce, or modify the uses, the floor area ratio, of the density of use permitted in the zoning district applicable to the property, shall be effective with respect to the property unless there has been mistake, fraud, or a change in circumstances substantially affecting the public health, safety, or welfare.

(5)

Zoning map notation: Conditional zoning index—Each rezoning shall be designed on the zoning map by an appropriate symbol designed by the zoning administrator. In addition, the zoning administrator shall keep and maintain a conditional zoning index, which shall be available for public inspection and which shall provide ready access to the ordinance creating the conditions in addition to the regulations provided for in the particular zoning district.

(6)

Enforcement and guarantees.

i.

The zoning administrator is vested with all necessary authority on behalf of the town council to administer and enforce conditions attached to a rezoning, including (i) the ordering in writing of the remedy of any noncompliance with the conditions; (ii) the bringing of legal action to insure compliance with the conditions, including injunction, abatement, or other appropriate action or proceeding; and (iii) requiring a guarantee, satisfactory to the town council, in an amount sufficient for and conditioned upon the construction of any physical improvements required by the conditions, or a contract for the construction of the improvements and the contractor's guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by the governing body, or agent thereof, upon the submission of satisfactory evidence that construction of the improvements has been completed in whole or in part.

ii.

Failure to meet all conditions shall constitute cause to deny the issuance of any of the required use, occupancy, or building permits, as may be appropriate.

(7)

Review of zoning administrator decisions—Any person who is aggrieved by a decision of the zoning administrator made pursuant to the provisions of paragraph (6), above, may petition the town council for review of the decision of the zoning administrator. All petitions for review shall be filed with the zoning administrator and with the clerk of the council within 30 days from the date of the decision for which review is sought and shall specify the grounds upon which the petitioner is aggrieved.

(Code 1968, § 29-5; Ord. of 6-17-2004)

(a)

If the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the governing body must, by resolution, adopt a new official zoning map, which shall supersede the prior official zoning map. The new map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original map or any subsequent amendment thereof. The new official zoning map shall be identified by the signatures of the governing body and attested by the secretary of that body and shall bear the following words: "This is to certify that this Official Zoning Map of Woodstock, Virginia supersedes and replaces the Official Zoning Map adopted ________."

(b)

Unless the prior official zoning map has been lost or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendments thereof.

(Code 1968, § 29-6)

For the purposes of this chapter, the town is hereby divided into classes or districts, which shall be designated as follows:

R-1 low density residential.

R-2 medium density residential.

R-3 high density residential.

B-1 central business.

B-2 highway commercial.

I-1 industrial.

I-2 heavy industrial.

F-C floodplain conservation.

(Code 1968, § 29-7)

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerlines of streets, railroad rights-of-way, streams, rivers, existing lot lines or municipal boundary lines shall be construed to follow such features indicated. Where a district boundary line does not follow such a line, its position may be shown on the official zoning map by a specific dimension expressing its distance in feet from a street right-of-way line or other boundary line as indicated and running parallel to such line.

(2)

Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or if uncertainty exists as to the true location of a district boundary line in a particular instance, the zoning administrator shall request the board of zoning appeals to render its determination with respect thereto.

(Code 1968, § 29-8)