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Abingdon City Zoning Code

ARTICLE IV

Zoning Districts

Section 4-1-1 General.

[1-3-2023 by Ord. No. 2023.01.03]
Zoning districts established. Land within the incorporated Town, as it exists at the time of the enactment of this article, is hereby divided into classes of primary, overlay, and special districts to regulate and restrict the location and use of buildings and land for trade, industry, residence and other purposes in accordance with the objectives of the Comprehensive Plan; regulate and restrict the location, height and size of buildings hereafter erected or structurally altered; and ensure adequate yards, open spaces, and public facilities to support the Town's population.
(1) 
Primary zoning districts are established as follows:
a. 
AFOS - Agricultural, Forestal, and Open Space;
b. 
R-1 - Low-Density Residential;
c. 
R-2 - Medium-Density Residential;
d. 
R-3 - High-Density Residential;
e. 
R-4 - Mixed Residential;
f. 
R-5 - Mixed High-Density Residential;
g. 
OI - Office and Institutional;
h. 
B-1 - Limited Business;
i. 
B-2 - General Business;
j. 
B-3 - Central Business; and
k. 
M-1 - Limited Industrial.
(2) 
Overlay and special districts are established in Article V.
a. 
OH - Old and Historic.
b. 
EC - Historic District Entrance Corridor.
c. 
PTD - Planned Technology.
d. 
PUD - Planned Unit Development.
e. 
Airport Safety.
f. 
FH - Flood Hazard.

Section 4-1-2 Purpose and intent of primary zoning districts.

[1-3-2023 by Ord. No. 2023.01.03]
(a) 
AFOS - Agricultural, Forestal, and Open Space District. The purpose of the AFOS - Agricultural, Forestal, and Open Space District is to preserve the rural character of areas where agricultural, forestry, and other low intensity uses predominate. The District also provides open space and agricultural production uses that enhance the physical resources of the Town and provide recreational opportunities for residents.
(b) 
R-1 - Low-Density Residential District. The purpose of the R-1 - Low-Density Residential District is to provide appropriate areas for low-density, single-family development. The District is designed to preserve the character of existing residential areas, to encourage new residential development in accordance with modern subdivision standards, to protect single-family areas from encroachment by potentially incompatible commercial land uses and other higher density development, and to maintain an appropriate density of development. The R-1 District is also intended to accommodate limited nonresidential uses necessary to meet the recreational, educational, cultural, and public service needs of a residential community.
(c) 
R-2 - Medium-Density Residential. The purpose of the R-2 - Medium-Density Residential district is to encompass medium-density residential areas, both existing and planned, as well as certain compatible public and semipublic land uses. This District should provide a suitable environment for a mix of housing types located in closer proximity to shopping and employment centers.
(d) 
R-3 - High-Density Residential. The purpose of the R-3 - High-Density Residential district is to encourage diversity in housing opportunities at higher densities, as well as certain compatible public and semipublic land uses. This District should provide a high-quality residential environment in areas that have excellent transportation access and are well-served by public water and sewer utilities.
(e) 
R-4 - Mixed Residential. The purpose of the R-4 - Mixed Residential District is to encourage and accommodate diversity in housing type, size, and density, as well as certain compatible public, semipublic, and commercial land uses. This District should provide a high-quality residential environment with limited neighborhood services in areas that have excellent transportation access and are well-served by public water and sewer utilities.
(f) 
R-5 - Mixed High-Density Residential. The purpose of the R-5 - Mixed High-Density Residential District is to encourage and accommodate diversity in housing type and size, with greater density allowances, as well as certain compatible public, semipublic, and commercial land uses. Focusing emphasis on small lot sizes and townhouse developments.
(g) 
OI - Office and Institutional. The purpose of the OI - Office and Institutional District is to provide office development with limited residential and institutional uses in a walkable and attractive setting. Development in the District is highly accessible for residents and employees and contributes to the unique look and character of Abingdon.
(h) 
B-1 - Limited Business. The purpose of the Limited Business District is to accommodate low-intensity retail, personal service, and office uses that are compatible with adjacent residential areas and provide for the convenience and day-to-day needs of residents of nearby neighborhoods. The District is intended to encourage small concentrations of business uses as opposed to strip commercial development.
(i) 
B-2 - General Business. The purpose of the General Business District is to accommodate a wide range of retail, wholesale, service, and office uses that cater to the traveling public and serve the Town and the surrounding region. The District is designed to provide highly attractive and accessible shopping along principal highways, while avoiding the routing of traffic onto minor streets or through residential areas.
(j) 
B-3 - Central Business. The purpose of the Central Business District is to extend the architecture and feel of the historic downtown beyond the Old and Historic core and encourage building rehabilitation, adaptive reuse, and infill development that fits the scale, design, and character of the area. Land uses should include a mix of retail, office, service, entertainment, and hotel uses as well as introduce and expand upper-story residential uses that contribute to the activity and vitality of the area.
(k) 
M-1 - Limited Industrial. The purpose of the Limited Industrial District is to encourage research facilities, wholesale, warehousing, light industrial, and heavy commercial activities within completely enclosed buildings or screened areas. The activities within this District involve minimal hazards and do not create significant amounts of smoke, noise, odor, dust, or other potential nuisance.

Section 4-1-3 References to district names.

[1-3-2023 by Ord. No. 2023.01.03]
For the purpose of reference hereafter in this chapter, unless specifically provided to the contrary, the term "residential district" shall include the R-1, R-2, R-3, and R-4 Districts. The term "business districts" shall include the OI, B-1, B-2, and B-3 Districts. The term "industrial district" shall include the M-1 District.

Section 4-2-1 AFOS Agricultural, Forestal, and Open Space District standards.

[1-3-2023 by Ord. No. 2023.01.03]
In addition to the other requirements of this chapter, the requirements specified in this section shall be considered the minimum required in the AFOS District to promote the public health, safety, convenience, and general welfare, unless otherwise specified.
Table 4.2.1 AFOS District Requirements
A.
Minimum lot area
1.
Farm
5 acres
2.
Other uses
1 acre
B.
Minimum frontage and lot width
1.
All lots
150 feet
C.
Minimum yard
1.
Front yard
a.
Right-of-way > 50 feet in width
50 feet from property line
b.
Right-of-way < 50 feet in width
100 feet from property line
2.
Each side yard
a.
Main structures
25 feet from property line
b.
Accessory structures
No closer than 5 feet to any property line
3.
Rear yard
a.
Main structures
50 feet
b.
Accessory structures
No closer than 5 feet to any property line
D.
Maximum height
1.
Main structures
35 feet
2.
Accessory structures
No greater than the main structure
044 Figure 4.1.tif

Section 4-2-2 Residential district standards.

[1-3-2023 by Ord. No. 2023.01.03]
In addition to the other requirements of this chapter, the requirements specified in this section shall be considered the minimum required in residential districts to promote the public health, safety, convenience, and general welfare, unless otherwise specified.
Table 4.2.2 Residential District Requirements
R-1 Low-Density
R-2 Medium-Density
R-3 High-Density
R-4 Mixed
R-5 Mixed High-Density
A.
Minimum lot area
1.
Lots served by public water and sewer
a.
Single-family
12,000 square feet
10,500 square feet
8,500 square feet
6,000 square feet
5,000 square feet
b.
Two-family
Not permitted
12,000 square feet
10,000 square feet
8,000 square feet
8,000 square feet
c.
Townhouse
Not permitted
4,000 square feet
d.
Multifamily
Not permitted
Not permitted
10,000 square feet, plus an additional 2,500 square feet for each additional unit over two dwelling units
10,000 square feet, plus an additional 2,500 square feet for each additional unit over 4 dwelling units
10,000 square feet, plus an additional 1,000 square feet for each additional unit over 4 dwelling units
2.
Lots served by individual sewage and disposal systems[1]
15,000 square feet[2]
15,000 square feet[2]
Not permitted
Not permitted
Not permitted
B.
Minimum Frontage and lot width
1.
Lots served by public water and sewer
a.
Single-family
80 feet
70 feet
60 feet
50 feet
50 feet
b.
Townhouse
Not permitted
16 feet
2.
Lots served by individual sewage disposal systems
100 feet
100 feet
Not permitted
Not permitted
Not permitted
C.
Minimum yard[3]
1.
Front yard
a.
Right-of-way > 50 feet in width
15 feet from property line
10 feet from property line
b.
Right-of-way < 50 feet in width
25 feet from property line
20 feet from property line
15 feet from property line
15 feet from property line
10 feet from property line
2.
Each side yard
a.
Main structures
10 feet
b.
Accessory structures
No closer than 5 feet to any side property line
3.
Rear yard
a.
Main structures
35 feet
15 feet
b.
Townhouse
Not permitted
25 feet
15 feet
c.
Accessory structures
No closer than 5 feet to any rear property line
D.
Maximum height
1.
Main structures
35 feet
2.
Accessory structure
No greater than the main structure
E.
Minimum open space[4]
Not required
Not required
20% gross area
Notes for Table 4.2.2. Residential District Requirements
[1]
The Administrator shall require a greater area if considered necessary by the Health Official.
[2]
Multifamily dwellings are only permitted to be served by public water and sewer.
[3]
Structures shall be located 15 feet or more from the property line along an existing alley.
[4]
Open space shall not include slopes of greater than 15%, streets, or parking areas. Recreation areas and facilities should be provided which will meet the anticipated needs of the clientele the development is designed to serve.
Note: Figures 4.2 and 4.3 are provided below as two examples of applying residential district standards
044 Figure 4.2.tif
044 Figure 4.3.tif

Section 4-2-3 Business district standards.

[1-3-2023 by Ord. No. 2023.01.03]
In addition to the other requirements of this chapter, the requirements specified in this section shall be considered the minimum required in business districts to promote the public health, safety, convenience, and general welfare, unless otherwise specified.
Table 4.2.3 Business District Requirements
B-1 Limited Business
B-2 General Business
B-3 Central Business
A.
Minimum lot area
1.
Lots served by public water and sewer
a.
Single-family dwellings
6,000 square feet
Not permitted[1]
Not permitted[1]
b.
Two-family dwellings
8,000 square feet
Not permitted[1]
Not permitted[1]
c.
Other permitted uses
None
None
None
2.
Lots served by individual sewage and disposal systems
15,000 square feet
Subject to approval of Health Official.
Subject to approval of Health Official.
B.
Minimum frontage and lot width
1.
Lots served by public water and sewer
a.
Single-family dwellings
60 feet
Not permitted[1]
Not permitted[1]
b.
Two-family dwellings
70 feet
Not permitted[1]
Not permitted[1]
c.
Other permitted uses
None
None
None
2.
Lots served by individual sewage disposal systems
80 feet
Subject to approval of Health Official
Subject to approval of Health Official
C.
Minimum yard[2]
1.
Front yard
a.
Right-of-way > 50 feet in width
10 feet from property line
15 feet from property line
None
b.
Right-of-way < 50 feet in width
15 feet from property line
15 feet from property line
None
2.
Each side yard[3]
a.
Main structures
None
None
b.
Accessory structures
No closer than 5 feet to any property line
None
3.
Rear yard
a.
Main structures
35 feet
None
b.
Accessory structure
None
None
D.
Maximum height
1.
Main structures
45 feet
None
2.
Accessory structures
No greater than the main structure
Notes for Table 4.2.3. Business District Requirements
[1]
Residential and business mixed-use structures are permitted in these districts, subject to regulations in Article VII, Use Performance Standards
[2]
Structures shall be located 15 feet or more from the property line along an existing alley.
[3]
Except the minimum side yard for each main structure adjoining or adjacent to a residential or AFOS District shall be 10 feet

Section 4-2-4 Office and Institutional District standards.

[1-3-2023 by Ord. No. 2023.01.03]
In addition to the other requirements of this chapter, the requirements specified in this section shall be considered the minimum required to promote the public health, safety, convenience, and general welfare. Unless otherwise specified, the standards of the section are the minimum required in the Office and Institutional District.
Table 4.2.4 OI District Requirements
A.
Minimum lot area
1.
Lots served by public water and sewer
a.
Single-family
6,000 square feet
b.
All other permitted uses
None
2.
Lots served by individual water and sewer
Not permitted
B.
Minimum frontage and lot width
1.
Single-family
70 feet
2.
All other permitted uses
80 feet
C.
Minimum yard[1]
1.
Front yard
a.
Right-of-way > 50 feet in width
20 feet from property line
b.
Right-of-way < 50 feet in width
35 feet from property line
2.
Each side yard
a.
Main structures
10 feet
b.
Accessory structures
No closer than 5 feet to any property line
3.
Rear yard
a.
Main structures
25 feet
b.
Accessory structures
No closer than 5 feet to any property line
D.
Maximum height
1.
Main structures
35 feet
2.
Accessory structures
No greater than the main structure
Notes for Table 4.2.4. OI District Requirements
[1]
Structures shall be located 15 feet or more from the property line of an existing alley.
044 Figure 4.4.tif

Section 4-2-5 Limited Industrial District standards.

[1-3-2023 by Ord. No. 2023.01.03]
In addition to the other requirements of this chapter, the requirements specified in this section shall be considered the minimum required in the Limited Industrial District to promote the public health, safety, convenience, and general welfare, unless otherwise specified.
Table 4.2.5 M-1 District Requirements
A.
Minimum lot area[1]
1.
Lots served by public water and sewer
None
2.
Lots served by individual sewage and disposal systems
Determined by health official
B.
Minimum frontage and lot width
1.
All permitted uses
None
C.
Minimum yard[2]
1.
Front yard
a.
Right-of-way > 50 feet in width
10 feet from center line
b.
Right-of-way < 50 feet in width
35 feet from center line
2.
Each side yard
a.
Main structures
None[3]
b.
Accessory structures
No accessory structures shall be located within the minimum side or rear yard area of any use adjoining or adjacent to a residential or open space district
3.
Rear yard
a.
Main structures
None[3]
b.
Accessory structures
No accessory structures shall be located within the minimum side or rear yard area of any use adjoining or adjacent to a residential or open space district.
D.
Maximum height[4]
1.
All permitted structures
None
Notes for Table 4.2.5. M-1 District Requirements
[1]
Buildings or groups of buildings with their accessory structures may cover up to 70% of the lot.
[2]
Structures shall be located 15 feet or more from the property line along an existing alley.
[3]
Except the minimum side and rear yard for each main structure adjoining or adjacent to a residential or open space district shall be 10 feet
[4]
No accessory structure which is within 10 feet of any property line shall be more than one story high.
General Requirements for Primary Zoning Districts.

Section 4-2-6 Corner lots.

[1-3-2023 by Ord. No. 2023.01.03]
For any corner lot, the side yard adjacent to a street shall be at least 15 feet for both main and accessory structures.
044 Figure 4.5.tif

Section 4-2-7 Height regulations.

[1-3-2023 by Ord. No. 2023.01.03]
(a) 
The height limitations of this chapter shall not apply to:
(1) 
Spires;
(2) 
Belfries;
(3) 
Cupolas;
(4) 
Monuments;
(5) 
Chimneys;
(6) 
Flues;
(7) 
Flagpoles;
(8) 
Television antennas;
(9) 
Radio aerials;
(10) 
Broadcasting or communication towers, with special use permit approval; and
(11) 
Utility service (major), with special use permit approval.
(b) 
In the AFOS District, OI District, and all residential districts:
(1) 
All structures shall be no taller than 35 feet, except:
a. 
The height limit for dwellings may be increased up to 45 feet and up to three stories, provided that each side yard shall be increased one foot or more for each additional foot of building height over 35 feet.
b. 
Nonresidential agricultural buildings are considered main structures, and may be erected to a height of 60 feet, provided that required front, side, and rear yards shall be increased one foot for each foot in height over 35 feet.
c. 
No accessory building which is within 10 feet of any property line shall be more than one story high. All accessory buildings shall be no greater than the main building in height.
(c) 
Parapet walls may be up to four feet above the height of the building on which the walls rest.

Section 4-2-8 Yard space encroachment.

[1-3-2023 by Ord. No. 2023.01.03]
The yard space required for a use or building shall remain free of all uses or occupancies except as follows:
(1) 
Fences, walls, or landscaping shall be permitted in any required yard subject to the standards of Article VIII of this chapter.
(2) 
Bay windows, chimneys, eaves, cornices, windowsills, belt courses, and similar architectural features may project into any required yard a distance not to exceed two feet.
(3) 
Open and uncovered porches, stairs, or ramps may project beyond the front building line or into a required side or rear yard a distance not to exceed five feet.
(4) 
Driveways shall be permitted in required yards but shall be three feet or more from any property line except where such driveways are developed jointly as a common drive to adjoining lots.
(5) 
Flagpoles not to exceed 25 feet in height.
(6) 
Heat pumps, central air-conditioning units, generators and similar mechanical equipment may project to a distance not to exceed five feet into a required side or rear yard.
(7) 
Residential accessory structures less than 10 feet in height including, but not limited to, recreational equipment, clotheslines, arbors, swings, or residential yard ornaments may project into a required yard provided that such equipment does not reduce the width of the yard to less than five feet.
044 Figure 4.6.tif