2006 Code of Virginia § 15.2-2295.1 - Regulation of mountain ridge construction

15.2-2295.1. Regulation of mountain ridge construction.

A. As used in this section, unless the context requires a different meaning:

"Construction" means the building, alteration, repair, or improvement ofany building or structure.

"Crest" means the uppermost line of a mountain or chain of mountains fromwhich the land falls away on at least two sides to a lower elevation orelevations.

"Protected mountain ridge" means a ridge with (i) an elevation of 2,000feet or more and (ii) an elevation of 500 feet or more above the elevation ofan adjacent valley floor.

"Ridge" means the elongated crest or series of crests at the apex oruppermost point of intersection between two opposite slopes or sides of amountain and includes all land within 100 feet below the elevation of anyportion of such line or surface along the crest.

"Tall buildings or structures" means any building, structure or unit withina multi-unit building with a vertical height of more than forty feet measuredfrom the top of the natural finished grade of the crest or the naturalfinished grade of the high side of the slope of a ridge to the uppermostpoint of the building, structure or unit. "Tall buildings or structures" donot include (i) water, radio, telecommunications or television towers or anyequipment for the transmission of electricity, telephone or cable television;(ii) structures of a relatively slender nature and minor vertical projectionsof a parent building, including, but not limited to, chimneys, flagpoles,flues, spires, steeples, belfries, cupolas, antennas, poles, wires orwindmills; or (iii) any building or structure designated as a historiclandmark, building or structure by the United States or by the Board ofHistoric Resources.

B. Determinations by the governing body of heights and elevations under thissection shall be conclusive.

C. Any locality in which a protected mountain ridge is located may, byordinance, provide for the regulation of the height and location of tallbuildings or structures on protected mountain ridges. The ordinance may bedesigned and adopted by the locality as an overlay zone superimposed on anypreexisting base zone.

D. An ordinance adopted under this section may include criteria for thegranting or denial of permits for the construction of tall buildings orstructures on protected mountain ridges. Any such ordinance shall providethat permit applications shall be denied if a permit application fails toprovide for (i) adequate sewerage, water, and drainage facilities, including,but not limited to, facilities for drinking water and the adequate supply ofwater for fire protection and (ii) compliance with the Erosion and SedimentControl Law ( 10.1-560 et seq.).

E. Any locality that adopts an ordinance providing for the regulation of theheight and location of tall buildings or structures on protected mountainridges shall send a copy of the ordinance to the Secretary of NaturalResources.

F. Nothing in this section shall be construed to affect or impair a governingbody's authority under this chapter to define and regulate uses in anyexisting zoning district or to adopt overlay districts regulating uses onmountainous areas as defined by the governing body.

(2000, c. 732.)