Article I

AUTHORITY AND ENACTMENT

101. Authority to Establish Zoning

Whereas, by act of the General Assembly of Virginia as recorded in Title 15.2, Chapter 11, Article 8, Sections 15.2-486 through 15.2-498, Code of Virginia and amendments thereto, the governing body of any county or municipality may, by ordinance, divide the territory under its jurisdiction into districts of such number, shape, and area as it may deem best suited to carry out the purpose of zoning, and in each district it may regulate the following:

101.01. The use of land, buildings, structures, and other premises for agricultural, commercial, industrial, residential, and other specific uses;

101.02. The size, height, area, bulk, location, erection, construction, reconstruction, alteration, repair, maintenance, razing, or removal of structures;

101.03. 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 in the sizes of lots based on whether a public or community water supply or sewer system is available and used;

101.04. The excavation or mining of soil or other natural resources.

102. Authority to Regulate Land Subdivision and Development

Whereas, by act of the General Assembly of Virginia as recorded in Title 15.2, Chapter 11, Article 7, Sections 15.2-465 through 15.2-485, Code of Virginia and amendments thereto, the governing body of any county or municipality may adopt an ordinance to assure the orderly subdivision of land and its development, which may include, among other things, reasonable regulations and provisions that apply to or provide the following:

102.01. For size, scale, and other plat details;

102.02. For the coordination of streets within and contiguous to the subdivision with other existing or planned streets within the general area as to location widths, grades and drainage;

102.03. For adequate provisions for drainage and flood control and other public purposes, and for light and air;

102.04. For the extent to which and the manner in which streets shall be graded, paved, or otherwise improved and water and storm and sanitary sewer and other utilities or other facilities installed;

102.05. For the acceptance of dedication for public use of any right-of-way located within any subdivision which has constructed therein, or proposed to be constructed therein, any street, curb, gutter, sidewalk, drainage or sewerage system or other improvements, financed or to be financed in whole or in part by private funds, provided that the owner or developer:

a. certifies to the Council or agent of the Council that the construction costs have been paid to the person constructing such facilities; or
b. furnishes to the Council or agent of the Council a certified check in the amount of the estimated costs of construction, or an irrevocable letter of credit, a performance bond, or other surety satisfactory to the City Attorney and approved by the City Manager.

102.06. For monuments of specific types to be installed establishing street and property lines;

102.07. That unless a plat be filed for recordation within a reasonable time after final approval thereof such approval shall be withdrawn and the plat marked void and returned to the Zoning Administrator;

102.08. For the administration and enforcement of such ordinance, and specifically for the imposition of reasonable fees and charges for the review of plats and plans, and for the inspection of facilities required to be installed;

102.09. For payment by a subdivider or developer of land of his pro rata share of the cost of providing reasonable and necessary sewerage and drainage facilities, located outside the property limits of the land owned or controlled by him but necessitated or required, at least in part, by the construction or improvement of this subdivision or development, provided that the governing body has established a general sewer and drainage improvement program for an area having common sewer and drainage conditions and within which land owned or controlled by the subdivider or developer is located.

103. Enactment

Therefore, be it ordained by the City Council of the City of Bedford, Virginia, for the purpose of promoting the health, safety, or general welfare of the public and of further accomplishing the objectives of Section 15.2-427 and Title 15.2, Chapter 11, Articles 7 and 8 of the Code of Virginia, as amended, that the following be adopted as the Land Development Ordinance of the City of Bedford, Virginia.