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Accomack County Unincorporated
City Zoning Code

ARTICLE XVII

GENERAL BUSINESS DISTRICT "B-1"9


Footnotes:
--- (9) ---

Editor's note— An ordinance adopted Feb. 23, 2011(2), amended art. XVII in its entirety to read as herein set out. Former art. XVII, §§ 106-401—106-410, pertained to similar subject matter, and derived from an ordinance adopted June 20, 2001(7); and an ordinance adopted Nov. 19, 2003(4).


Sec. 106-401.- Statement of intent.

The general business district "B-1" covers that portion of the community intended for the conduct of general business to which the public requires direct and frequent access, but which is not characterized either by constant heavy trucking other than the stocking and delivery of light retail goods or by any factors other than those occasioned by incidental light and noise of congregation of people and passenger vehicles. This includes such uses as retail stores, banks, theaters, business offices, newspaper offices, printing presses, restaurants and taverns, and garages and service centers.

(Ord. of 2-23-2011(2))

Sec. 106-402. - Uses permitted by right.

The following uses shall be permitted subject to all other requirements of this chapter as a matter of right in the general business district "B-1":

(1)

Accounting, auditing and bookkeeping services;

(2)

Advertising agencies;

(3)

Agricultural equipment repair;

(4)

Antennas and towers up to 100 feet in height;

(5)

Antique shops, thrift shops, and consignment shops;

(6)

Appliance sales and service;

(7)

Art, music, dance, and martial arts schools and studios;

(8)

Artists studios, photographic studios, and galleries;

(9)

Attorneys and legal services;

(10)

Auction houses;

(11)

Auto, recreational vehicle, and marine sales and service;

(12)

Automobile service stations (with major repair under cover);

(13)

Bakeries (retail);

(14)

Banks and similar financial institutions, tax return services;

(15)

Barber and beauty shops, tanning salons;

(16)

Blacksmith, welding, metal fabrication, and machine shops;

(17)

Boat docks, private (non-commercial);

(18)

Botanical and zoological gardens and parks;

(19)

Bowling centers;

(20)

Building cleaning and maintenance services;

(21)

Cabinet making and furniture manufacturing;

(22)

Camera and photography sales and service;

(23)

Campgrounds and RV parks;

(24)

Carnival operations;

(25)

Car washes;

(26)

Cemeteries;

(27)

Churches and other houses of worship;

(28)

Colleges and universities;

(29)

Commercial kennels;

(30)

Computer programming, data processing, and other computer related services;

(31)

Contractors offices and contractor equipment yards (under cover);

(32)

Convenience stores;

(33)

Day care centers (child and adult);

(34)

Design and research laboratories;

(35)

Detective, guard, and armored car services, security system services;

(36)

Drugstores;

(37)

Dwellings as an accessory to a permitted use;

(38)

Elementary and secondary schools;

(39)

Employment agencies;

(40)

Engineering, architectural, and surveying services;

(41)

Facilities for grading, packing, marketing, and storage of agricultural and horticultural products;

(42)

Feed, seed and farm supply stores;

(43)

Fire and rescue stations;

(44)

Flea markets;

(45)

Florists, plant and flower sales;

(46)

Framing shops;

(47)

Funeral homes;

(48)

Furnace and chimney cleaning;

(49)

Furniture and furnishings stores;

(50)

General equipment rental and leasing;

(51)

General merchandise, variety, and department stores;

(52)

Government institutional buildings;

(53)

Go-cart raceways;

(54)

Golf courses;

(55)

Grocery and food stores and markets;

(56)

Gunsmiths;

(57)

Hardware, glass, paint, floor covering, wallpaper, and fabric stores;

(58)

Home appliance sales, service and repair;

(59)

Horticultural nurseries and greenhouses, with garden supplies;

(60)

Hospitals, nursing homes and residential care;

(61)

Hotels, motels, tourist homes and bed and breakfast inns;

(62)

Indoor theaters, museums, and assembly halls;

(63)

Job training and vocational rehabilitation services;

(64)

Laundries and dry cleaners;

(65)

Libraries;

(66)

Limousine and cab services;

(67)

Liquor stores;

(68)

Locksmiths;

(69)

Lodges, civic clubs, fraternal organizations, and service clubs;

(70)

Lumber and building supply (with storage under cover);

(71)

Machinery sales and service (with storage and repair limited to fully enclosed buildings);

(72)

Manufacturing of building components, such as trusses;

(73)

Manufacturing of apparel and other finished products made from fabrics and similar materials;

(74)

Manufacturing of electrical and electronic equipment and machines including parts and components;

(75)

Manufacturing of paperboard containers and boxes (excluding manufacturing of materials);

(76)

Manufacturing of pottery, figures, ceramic products, using only previously pulverized clay and kilns fired only by electricity or gas);

(77)

Manufactured home sales;

(78)

Marinas, private (non-commercial);

(79)

Mailing, reproduction, and stenographic services;

(80)

Medical clinics and offices;

(81)

Medical equipment rental and leasing;

(82)

Membership sports and recreation clubs;

(83)

Miniature golf courses;

(84)

Museums;

(85)

Office buildings and business offices;

(86)

Off-street parking, as required by this chapter;

(87)

Outdoor centers of amusement;

(88)

Outdoor sports facilities;

(89)

Pest control services;

(90)

Photo finishing laboratories;

(91)

Physical fitness facilities;

(92)

Playgrounds, parks, and similar recreational facilities (community operated);

(93)

Plumbing and electrical supply (with storage under cover);

(94)

Post offices;

(95)

Printing and publishing;

(96)

Production of arts and crafts;

(97)

Public billiard parlors, arcades, pool rooms, dance halls;

(98)

Utility distribution facilities;

(99)

Radio, television, consumer electronics, and music stores;

(100)

Real estate sales offices and other brokerage sales offices;

(101)

Restaurants;

(102)

Research, development, and testing laboratories;

(103)

Retail sales stores including gifts, books, stationary, wearing apparel, sporting goods, jewelry, hobby and crafts, toys, collectibles, and pet stores;

(104)

Re-upholstery and furniture repair;

(105)

Self storage centers;

(106)

Shoe repair shops;

(107)

Small engine and lawnmower repair;

(108)

Travel agencies;

(109)

Vehicle rentals;

(110)

Veterinary offices, clinic or hospitals;

(111)

Video tape rental;

(112)

Vocational schools;

(113)

Watch, clock and jewelry repair;

(114)

Waterfront business such as wholesale and retail marine activities such as boat docks, piers, small boat docks, yacht club and service facilities for the uses; docks and areas for the receipt, storage and transshipment of waterborne commerce; seafood and shellfish;

(115)

Wholesale and processing and manufacture of products or components with all storage, processing, assembly, and manufacture conducted under cover, not objectionable because of dust, noise, or odors;

(116)

Accessory uses such as, but not limited to, child care facilities, office and administrative facilities, cafeterias, lunchrooms and snack shops, recreational facilities for employees, non-retail motor fuel facilities, company vehicle service facilities, and heating and cooling systems.

(117)

Small wind energy systems, as defined.

(118)

Small solar energy systems, as defined.

(Ord. of 2-23-2011(2))

Sec. 106-403. - Special exceptions; special use permits.

The following uses shall be permitted in the general business district “B-1”, subject to all the other requirements of this chapter, only upon the obtaining of a special use permit from the board of zoning appeals.

(1)

Antennas and towers in excess of 100 feet in height;

(2)

Automobile graveyards;

(3)

Boat manufacturing;

(4)

Manufacturing, compounding, packaging of bakery goods, beverages (including bottling plants), candy, cosmetics, and perfumes;

(5)

Meat, poultry, and seafood processing;

(6)

Research, development, and testing laboratories;

(7)

Residential uses, including single-family dwellings, not as an accessory to an approved use;

(8)

Sand and gravel borrow pit operations, including all necessary equipment, up to five acres in area;

(9)

Tattoo parlors;

(10)

Truck terminals;

(11)

The keeping of agricultural animals;

(12)

Remote water and sewer facilities, when required to replace failed or failing facilities;

(13)

Small wind energy systems, as defined, on parcels less than one acre;

(14)

Large solar energy systems, as defined;

(15)

Large wind energy systems, as defined.

(Ord. of 2-23-2011(2); Ord. of 5-16-2012)

Sec. 106-404. - Conditional uses; permits.

The following uses shall be permitted in the general business district "B-1", subject to all other requirements of this chapter, only upon the granting of a conditional use permit by the board of supervisors, in accordance with section 106-234 of this chapter;

(1)

Commercial sports arenas, stadiums, and race-tracks;

(2)

Commercial, professional, institutional, and shopping centers developing areas of more than five acres;

(3)

Warehousing and wholesale distribution facilities over 40,000 square feet of interior space, or developing a site of over two acres;

(4)

Utility plant facilities;

(5)

Public water and sewer facilities;

(6)

Central water and sewer facilities;

(7)

Remote water and sewer facilities;

(8)

Sand and gravel borrow pit operations, including all necessary equipment, greater than five acres in area;

(9)

Airports;

(10)

Large wind energy systems, Utility Scale, as defined;

(11)

Large solar energy systems, Utility Scale, as defined;

(12)

Uses involving the storage, use, processing, and production of hazardous chemicals including, but not limited to, fuel storage for sale, fertilizer and pesticide storage, and solvent storage. Applications for these uses may be required to provide the conclusions of preliminary HAZOP study for the proposed facility focused on community impacts and personnel safety. Facility features included in the design to mitigate the risks should be identified (e.g., containment structures, fencing, separation, safety systems, community alarms, process selection, operator training, fire protection, water curtains, release systems, and instrumentation.);

(13)

Uses where objectionable odors and airborne irritants outside the facility boundary may occur. Information on potential irritants and mitigation features may be required;

(14)

Uses where the potential for dust explosions exists, and other uses or processes where organic or combustible materials form dust;

(15)

Wetlands off-site compensatory mitigation sites. Permittee-responsible on-site wetlands mitigation occurring on the impacted parcel, or on a parcel contiguous to the impacted parcel, shall be permitted as ancillary to the principal use.

(Ord. of 2-23-2011(2); Ord. of 5-17-2023)

Sec. 106-405. - Area regulations.

There are no area regulations in the general business district "B-1". For permitted uses utilizing individual sewage disposal systems, the required area for any such use shall be approved by the health official. The administrator may require a greater area if considered necessary by the health official.

(Ord. of 2-23-2011(2))

Sec. 106-406. - Setback (yard) regulations.

(a)

Buildings in the general business district "B-1" shall be located 50 feet or more from any street right-of-way or 75 feet or more from the centerline of the street. This shall be known as the setback line. Signs advertising sale or rent of premises may be erected up to the property line.

(b)

When a structure fronts on US Route 13, the building shall be located 100 feet or more from the highway right-of-way.

(c)

Off-street parking shall be set back ten feet or more from any street right-of-way. The area between the street right-of-way and the setback line shall conform to section 106-411, landscape regulations. The minimum side yard shall be ten feet. The minimum rear yard shall be 25 feet.

(Ord. of 2-23-2011(2))

Sec. 106-407. - Frontage regulations.

For permitted uses in the general business district "B-1" there shall be no minimum frontage requirement, other than that required for safe access by the Virginia Department of Transportation.

(Ord. of 2-23-2011(2))

Sec. 106-408. - Height regulations.

Buildings and structures in the general business district "B-1" may be erected up to 35 feet in height from grade, except that:

(1)

The height limit for dwellings may be increased up to an overall height of 45 feet, provided there are two side yards for each permitted use, each of which is ten feet or more, plus one foot or more of side yard for each additional foot of building height over 35 feet.

(2)

A public or semipublic building such as a school, church, library or general hospital may be erected to a height of 60 feet from grade provided that required front, side and rear yards shall be increased one foot for each foot in height over 35 feet.

(3)

Church spires, belfries, cupolas, monuments, water towers, chimneys, flues, and flag poles are exempt from these height regulations. Parapet walls and firewalls may be up to four feet above the height of the building on which the wall rests.

(4)

No accessory building or structure which is within ten feet of any lot line shall be more than 18 feet high. All accessory buildings and structures shall be less than the main structure in height.

(5)

Small wind energy systems shall not exceed a height of 65 feet on a parcel of less than one acre, or a maximum height of 100 feet on a parcel of one acre or more. Small wind energy systems shall be set back one and one-half feet from adjacent property lines for every one foot of tower height.

(Ord. of 2-23-2011(2); Ord. of 07-09-2025(1))

Sec. 106-409. - Sign regulations.

Sign regulations for the general business district "B-1" shall conform to article VIII of this chapter.

(Ord. of 2-23-2011(2))

Sec. 106-410. - Off-street parking regulations.

Off-street parking regulations in the general business district "B-1" shall conform to section 106-230.

(Ord. of 2-23-2011(2))

Sec. 106-411. - Landscape regulations.

Landscape regulations in the general business district "B-1" are as follows:

(1)

Landscape areas shall be provided within required setbacks along the front lot line, the rear lot line of double-frontage lots, the side lot line of corner lots, and along all side and rear lot lines of any lot or development abutting a residential district, except where driveways or other openings may be required.

(2)

Landscape areas shall be designated and dimensioned to scale on all site plans. Landscape areas shall be a minimum width of ten feet and shall be located adjacent to the property line and outside of any existing road or utility easement. Landscape areas shall consist of a combination of grass, ground cover, flowering plants, shrubs, and trees, and the area between plants shall be completely covered with grass or mulch.

(3)

Landscape area planting requirements for large development projects five acres or greater in area, such as shopping centers, shall apply to the full perimeter of the project, but not to internal property lines.

(4)

Landscape area planting requirements. Linear feet guidelines below are to be used to calculate the number of required plantings; they do not require that plantings be uniformly spaced. Rather, grouping of plants consistent with accepted landscape practice is encouraged. A minimum of 50 percent of plants shall be native plants. Specific requirements are as follows:

a.

At least one tree for each 50 linear feet, or portion thereof that is greater than ten feet in length.

b.

At least one shrub for each ten linear feet, or portion thereof that is greater than five feet in length.

c.

At least one large deciduous tree for every 10,000 square feet of lot area, or portion thereof that is greater than 5,000 square feet. Large trees shall be installed outside of the landscape areas required in [subsections] (1), (2), and (3) above.

(5)

Minimum size standards:

a.

Deciduous trees. Deciduous trees shall be of a species having a minimum mature crown spread of greater than 12 feet. A minimum caliper of two and one-half inches at the time of planting shall be required.

b.

Large deciduous trees. Large deciduous trees shall be of a species having an average minimum mature crown spread of greater than 30 [feet]. A minimum caliper of two and one-half inches at the time of planting shall be required.

c.

Evergreen trees. Evergreen trees shall have a minimum height of five feet at the time of planting.

d.

Shrubs. Shrubs shall have a minimum height of two feet at the time of planting.

(Ord. of 2-23-2011(2))

Sec. 106-412. - Lighting regulations.

Lighting regulations in the general business district "B-1" are as follows:

The following lighting standards shall apply to all exterior lighting sources, including but not limited to lighting for parking, access drives, walkways, gasoline canopy lighting, and internally and externally illuminated signs. Site plans shall include a lighting plan, drawn at the same scale as the site plan, to demonstrate compliance with the following standards.

(1)

All lighting shall be designed, located, and arranged so as to minimize any direct glare on adjoining streets or residential properties. Light or glare directed from any lighting fixture shall not cross property lines.

(2)

Permitted building-mounted lights.

a.

A fully shielded fixture; the directional light from this type of fixture is typically one and one-half times wider than the height at which they are mounted; for the purposes of this article, a fully shielded fixture shall be defined as an outdoor lighting fixture that is shielded or constructed so that all light emitted is projected below a horizontal plane running through the lowest part of the fixture.

b.

A forward throw fixture, which is defined as a light fixture that has an internal mounted light mechanism with a maximum mounted angle of 20 degrees or less and projects light in a forward direction out from the building as well as downward. The directional light from this type of fixture is typically two and three-quarter times farther than the height at which they are mounted.

c.

Other building mounted lights that use an LED light source of 25 watts or less, an incandescent of 160 watts or less, or any other light source that is equivalent or less. This type of lighting may be unshielded. The zoning administrator may approve more intense light sources (e.g., bulbs), provided that the fixture has frosted, tinted, or light obscuring features, and that the light produced is equivalent to the standards provided herein.

(3)

Parking lot lights. Parking lot lighting (pole mounted) shall comply with section 106-230.

(4)

Other site lighting.

a.

Lighting for sidewalks, paths, ground mounted accent lighting is permitted, provided that the LED light or similar source is 25 watts or less and incandescent bulb or 160 watts or less. This type of light may be unshielded. Other light sources with equivalent output are permitted.

b.

Fully shielded and forward throw fixtures as allowed in (2)a and (2)b may be used for site lighting provided they comply with all provisions of this article.

c.

The zoning administrator may permit other types of site lighting, including those which produce a higher intensity light on a case by case basis, provided the lighting proposed is in general accord with this article.

(5)

Excepted from these requirements are: roadway and airport lighting, airport lighting, governmental public safety lighting, temporary circus, fair, carnival, or civic uses, construction or emergency lighting, and temporary lighting.

(6)

Lighting other than that expressly permitted, or permitted by the zoning administrator, is not allowed.

(Ord. of 2-23-2011(2); Ord. of 05-19-2021(1))