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Accomack County Unincorporated
City Zoning Code

ARTICLE IV

RESIDENTIAL DISTRICT "R"

Sec. 106-76.- Statement of intent.

Such a residential district should be composed chiefly of single-family dwellings, some multiple-family dwellings, together with necessary recreational, religious and educational facilities. Home occupations should be limited along with transient residential uses such as boardinghouses and tourist homes.

Sec. 106-77. - Uses permitted by right.

The following uses shall be permitted subject to all the other requirements of this chapter as a matter of right in residential district "R".

(1)

Single-family dwellings;

(2)

Dwellings, two-family (see section 106-230, "off-street parking");

(3)

Schools and post offices;

(4)

Churches and libraries;

(5)

Recreational facilities which are to be used in connection with one- or two-family dwellings and available only to the family of the householder and his private guests;

(6)

Community-operated playgrounds, parks and similar community recreational facilities;

(7)

Public utilities: poles, lines, distribution transformers, pipes, meters and other facilities necessary for the provision and maintenance of public utilities;

(8)

Professional offices within occupant's dwelling;

(9)

Home occupations conducted by occupant;

(10)

Accessory uses as defined.

(Ord. of 8-20-2013)

Sec. 106-78. - Special exceptions—Special use permits.

(a)

The following uses shall be permitted in residential district "R", 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)

Public or semi-public recreational facilities, including main and accessory buildings and parking areas.

(2)

Camping facilities, including travel trailer camps;

(3)

Waterfront businesses, such as wholesale and retail marine activities commercial marinas, yacht clubs and servicing facilities for the same;

(4)

Docks and areas for the receipt, storage and shipment of waterborne commerce;

(5)

Seafood and shellfish receiving, packing and shipping plants;

(6)

Mobile homes (see section 106-231, "mobile home parks").

a.

The board of zoning appeals may, in its discretion, not consider any application for a special use permit for the location of a mobile home unless the applicant submits written comments from all the property owners within 500 feet of the boundary lines of the property upon which the mobile home is to be located including the property owners across the street or highway. The board of zoning appeals may require the applicant to submit written comments from additional property owners. This section shall not apply to any application to locate a mobile home in an approved mobile home park.

b.

The board of zoning appeals shall not grant a special use permit to locate a mobile home in residential district R unless the applicant agrees to comply and conform with the following terms, conditions and requirements before the mobile home is occupied and has obtained a certificate of occupancy. The mobile home shall be:

1.

Located on the site as outlined in the application.

2.

Anchored according to the building code.

3.

Installed with a set of steps at each exit.

4.

Approved by the electrical inspector.

5.

Approved by the department of health.

6.

Completely skirted with some type of durable weatherproof material.

c.

The mobile home shall not be occupied before final inspection and the owner or applicant receiving a certificate of occupancy from the building department.

d.

If the board of zoning appeals grants a temporary special use permit the applicant shall agree in writing to remove the mobile home on or before the period specified in the permit.

e.

If the permit is issued, it will be issued subject to the aforesaid conditions, all other conditions required in this chapter and any other conditions which the board of zoning appeals may prescribe. If the applicant and/or owner fails to comply with these conditions, the permit shall become null and void, whereupon the mobile home shall be removed from the premises to a legal location.

(7)

Retail stores and shops including storage facilities.

(8)

Office buildings;

(9)

Health care facilities;

(10)

Mobile home-parks in which lots are rented or sold;

(11)

Travel trailers, located outside of travel trailer parks, which are to be occupied for habitation or storage of chattels;

(12)

Any use of land and/or any permanent or temporary location of any type of building or facility thereon which is not specifically permitted within this chapter;

(13)

Apartment houses (see section 106-230 "off-street parking").

(14)

Banks;

(15)

Dry cleaners;

(16)

Laundries;

(17)

Hotels, motels and tourist homes;

(18)

Printing offices.

Sec. 106-79. - Conditional uses/permits.

The following uses shall be permitted in the residential district "R", subject to all other requirements of this chapter, and only upon the granting of a conditional use permit by the board of supervisors, in accordance with section 106-234 of this chapter:

(1)

Retail stores and shops over 20,000 square feet of interior floor space, or developing a site of greater than one acre;

(2)

Professional office buildings over 20,000 square feet of interior floor space, or developing a site greater than one acre;

(3)

Commercial, shopping and office centers on a developed site of more than one acre;

(4)

Residential developments specified in section 106-78 creating more than 25 dwelling units or sites.

(5)

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.

(6)

Reserved.

(7)

Public water and sewer facilities;

(8)

Central water and sewer facilities;

(9)

Remote water and sewer facilities, when required to replace failed or failing facilities (refer to subsection 106-78(19) for single-family dwelling);

(Ord. of 8-20-2013; Ord. of 5-17-2023)

Sec. 106-80. - Area regulations.

For lots containing or intended to contain a single permitted use served by central water and sewage disposal, the minimum lot area shall be 10,000 square feet.

(1)

For lots containing or intended to contain a single permitted use served by central water systems, but having individual sewage disposal, the minimum lot area shall be 15,000 square feet.

(2)

For lots containing or intended to contain a single permitted use served by individual water and sewage disposal systems, the minimum lot area shall be 20,000 square feet.

(3)

For lots containing or intended to contain more than a single permitted use served by central water and sewage disposal systems, the minimum lot area shall be:

Two units, square feet or more .....12,000.

Three units, square feet or more .....14,000.

For each additional unit above three, square feet .....1,000.

Sec. 106-81. - Setback regulations.

Structures on all public rights-of-way shall be set back 50 feet or more from the edge of the right-of-way.

When a structure is to be built in an area where there are existing structures, the minimum setback may be waived and the setback line may be the average setback of the structures on either side. This shall not apply to corner lots.

Sec. 106-82. - Frontage regulations.

The minimum frontage for permitted uses shall be 100 feet at the "setback line."

Sec. 106-83. - Yard regulations.

(a)

Side. The minimum side yard for each main structure shall be 15 feet and the total width of the two required side yards shall be 30 feet or more. The minimum side yard for accessory structures shall be five feet or more.

(b)

Rear. Each main structure shall have a rear yard of 35 feet or more. Each accessory structure shall have a rear yard of five feet or more.

Sec. 106-84. - Height regulations.

Buildings may be erected up to 35 feet in height except that:

(1)

Dwellings may be erected to an overall height of 45 feet provided that both required side yard setbacks are increased one foot for each foot in height by which the dwelling exceeds 35 feet.

(2)

A public or semi-public building such 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 in height over 35 feet.

(3)

Public utility structures, church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flag poles, television antennae and radio aerials are exempt. Parapet walls and firewalls may be up to four feet above the height of the building on which the walls rest.

(4)

No accessory building or structure which is within 30 feet of any part lot line shall be more than 18 feet high. All accessory buildings and structures shall be less than the main structure in height.

(Ord. of 07-09-2025(1))

Sec. 106-85. - Special provisions for corner lots.

Of the two sides of a corner lot, the front shall be deemed to be the shortest of the two sides fronting on streets.

Sec. 106-86. - Sign regulations.

Sign regulations shall conform to article VIII of this chapter.

Sec. 106-87. - Off-street parking regulations.

Off-street parking regulations shall conform to section 106-230 of this chapter.

Sec. 106-88. - Development standards.

(a)

Any residential subdivision creating 50 or more lots is subject to resource quality protection plan requirements as specified in section 106-235 of this chapter.

(b)

Any commercial or industrial development which creates five acres of more of impervious surface is subject to resource quality protection plan requirements as specified in section 106-235 of this chapter.