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Alleghany County Unincorporated
City Zoning Code

ARTICLE IV

AGRICULTURAL-RURAL RESIDENTIAL AR

Sec. 66-91.- Statement of intent.

The agricultural-rural residential district (AR) is established to allow a mix of rural residential and agricultural uses that will not threaten the rural character of the area. Low densities are encouraged because of the potential unsuitability of the area to support extensive development; public programs, services and finances will also not support higher densities in areas designated agricultural-rural residential.

Sec. 66-92. - Acceptable uses.

In the agricultural-rural residential (AR) zoning district, structures to be erected or land to be used shall be for one or more of the following permitted uses:

(1)

Single-family dwellings, as defined. (Amdmt. No. O-02-8, 10-1-02)

(2)

Mobile/manufactured homes (individual). (Amdmt. No. 98-1, 4-21-98)

(3)

Two-family dwellings.

(4)

Agriculture, including commercial agriculture, dairying, forestry, general farming. (Amdmt. No. O-09-3, 5-19-09)

(5)

Schools. (Ord. No. 00-3, 8-1-00)

(6)

Golf course and country clubs. (Ord. No. 00-3, 8-1-00)

(7)

Churches.

(8)

Professional offices.

(9)

Gift shops and antique shops.

(10)

General country stores, as defined.

(11)

Beauty shops and barbershops.

(12)

Sawmills and planing mills.

(13)

Boat docks. (Ord. No. 00-3, 8-1-00)

(14)

Preserves and conservation areas.

(15)

Lodges, hunting clubs and recreational campsites.

(16)

Commercial stables and livestock markets.

(17)

Cemeteries.

(18)

Home occupations, Type I and Type II. (Amdmt. No. O-02-2, 2-19-02)

(19)

Public utilities and facilities. (Amdmt. No. 98-1, 4-21-98; Amdmt. No. O-99-11, 9-7-99)

(20)

Accessory uses as defined; however, garages or other accessory structures, such as carports, porches, and stoops, attached to the main building shall be considered part of the main building. No accessory building may be closer than five feet to any side or rear property line. No accessory building may be located within the main structure's front setback. Accessory buildings or uses may be considered the main use of a parcel if the minimum setbacks for a main use in an AR district are met, the structure is used for storage purposes only, and it is not used for commercial or dwelling purposes. (Amdmt. No. 92-5, 7-15-92; Amdmt. No. O-02-8, 10-1-02)

(21)

Farm structures, including those defined in section 100.7 of the 1993 Uniform Statewide Building Code which are exempt from the provisions of section 66-477(a).

(22)

Service station. (Amdmt. No. O-09-3, 5-19-09)

(23)

Restaurants.

(24)

Manufacture and sale of pottery and ceramics (up to 3,000 square feet, including outside storage areas). (Amdmt. No. O-02-2, 2-19-02)

(25)

Cabinets, furniture, upholstery, or wood products shops (up to 3,000 square feet, including outside storage areas). (Amdmt. No. O-02-2, 2-19-02)

(26)

State department of transportation maintenance facilities.

(27)

Garage apartments. (Amdmt. No. 90-3, 4-18-90)

(28)

Garden center/plant nursery. (Amdmt. No. 90-3, 4-18-90)

(29)

Public safety facilities serving the neighborhood, such as fire and rescue stations. (Amdmt. No. 93-4, 8-17-93)

(30)

Family day care home. (Amdmt. No. 98-1, 4-21-98)

(31)

Hog farms, type A, B or C (see section 66-100 for the densities, minimum lot sizes and setbacks that apply to these types of hog farms). (Amdmt. No. 95-2, 4-4-95)

(32)

Intensive livestock, dairy or poultry facilities. (Amdmt. No. 95-3, 4-4-95)

(33)

Commercial transmitter towers, minor facilities. (See article XXII of this chapter for regulations.) (Amdmt. No. 98-1, 4-21-98)

(34)

Public water and sewer systems. (Amdmt. No. O-99-11, 9-7-99)

(35)

Public recreation areas. (Ord. No. 00-3, 8-1-00)

(36)

Retail stores and shops (up to 3,000 square feet, including outside storage areas). (Amdmt. No. O-02-2, 2-19-02)

(37)

Service establishments (up to 3,000 square feet, including outside storage areas). (Amdmt. No. O-02-2, 2-19-02)

(38)

Flea markets (up to 100 vendor spaces and used on weekends or holidays only). (Amdmt. No. O-02-2, 2-19-02)

(39)

Bed and breakfast homestays. (Amdmt. No. O-02-2, 2-19-02)

(40)

Residential garages (as main use on property). (Amdmt. No. O-02-2, 2-19-02)

(41)

Group homes, as defined. (Code of Virginia, § 15.2-2291(A)) (Amdmt. No. O-02-2, 2-19-02; Amdmt. No. O-02-8, 10-1-02)

(42)

Shooting or game preserves, as defined. (Amdmt. No. O-05-2, 5-17-05)

(43)

Museums and cultural facilities. (Amdmt. No. O-09-2, 1-21-09)

(44)

Automobile repair service or shop, major (if more than 300 feet from an existing residence). (Amdmt. No. O-09-3, 5-19-09)

(45)

Automobile repair service or shop, minor. (Amdmt. No. O-09-3, 5-19-09)

(46)

Convenience store. (Amdmt. No. O-09-3, 5-19-09)

(47)

Storage facilities. (Amdmt. No. O-09-3, 5-19-09)

(48)

Solar generation facilities, small. (Amdmt. No. O-21-10, 8-3-21)

(49)

Solar generation facilities, agriculture. (Amdmt. No. O-21-10, 8-3-21)

Sec. 66-93. - Uses permitted by special exception.

In the agricultural-rural residential (AR) zoning district, uses permitted by special exception shall be as follows:

(1)

Airstrips.

(2)

Mobile home parks, in accordance with this chapter.

(3)

Vehicle graveyards. (Amdmt. No. 98-1, 4-21-98)

(4)

Mining and quarrying and other associated activities, including but not limited to asphalt and concrete plants.

(5)

Equipment—Rental, sales and service. (Ord. No. 00-3, 8-1-00)

(6)

Warehousing (storage only), including miniwarehouses. (Ord. No. 00-3, 8-1-00)

(7)

Contractor's equipment storage or yard.

(8)

Coal and wood yards.

(9)

Animal hospitals, veterinary offices and kennels. (Special exception required only if located within 300 feet of two or more dwellings.)

(10)

Sheet metal, blacksmith, welding or machine shop (up to 3,000 square feet, including outside storage areas). (Amdmt. No. 90-3, 4-18-90; Amdmt. No. O-02-2, 2-19-02)

(11)

Commercial transmitter towers, intermediate and major facilities. (See article XXII of this chapter for regulations.) (Amdmt. No. 90-3, 4-18-90; Amdmt. No. 98-1, 4-21-98)

(12)

Auction house.

(13)

Residential assisted living facility, as defined. (Code of Virginia, § 63.1-172) (Amdmt. No. O-02-2, 2-19-02; Amdmt. No. O-02-8, 10-1-02)

(14)

Junkyards. (Amdmt. No. O-02-8, 10-1-02)

(15)

Recycling facility. (Amdmt. No. O-02-8, 10-1-02)

Sec. 66-94. - Uses permitted by special use permit.

In the agricultural-rural residential (AR) zoning district, uses permitted by special use permit shall be as follows:

(1)

Sanitary landfills.

(2)

Hospitals.

(3)

Airports.

(4)

Hotels, motels and bed and breakfast inns. (Amdmt. No. 92-5, 7-15-92)

(5)

Amusement parks.

(6)

Reserved. (Amdmt. No. 98-1, 4-21-98; Amdmt. No. O-99-11, 9-7-99)

(7)

Penal institutions and detention facilities.

(8)

Meat, poultry and fish processing. (Amdmt. No. 90-3, 4-18-90)

(9)

Transfer stations. (Amdmt. No. 95-11, 9-5-95)

(10)

Abuse shelters. (Amdmt. No. 98-1, 4-21-98)

(11)

Multifamily dwellings. (Amdmt. No. 99-3, 4-6-99)

(12)

Automobile repair service or shop major (if less than 300 feet from an existing residence). (Amdmt. No. O-09-3, 5-19-09)

(13)

Nightclub, bar or tavern. (Amdmt. No. O-09-3, 5-19-09)

(14)

Bottling plant and beverage distributor. (Amdmt. No. O-09-3, 5-19-09)

(15)

Assisted living facility, life care facility, senior/elderly housing facility. (Amdmt. No. O-09-3, 5-19-09)

(16)

Solar generation facilities, utility-scale, subject to the provisions of section 66-755. (Amdmt. No. O-21-10, 8-3-21)

Sec. 66-95. - Minimum lot area.

In the agricultural-rural residential (AR) zoning district, the minimum lot area shall be 30,000 square feet for lots utilizing public or private water and sewage disposal systems. The health official and the zoning administrator may require a greater area if considered necessary by soil and site conditions. For lots containing more than one use or structure, excluding accessory structures, the minimum lot area shall be an additional 30,000 square feet per use or structure. (Amdmt. No. 98-1, 4-21-98; Amdmt. No. O-02-2, 2-19-02)

Sec. 66-96. - Front yard setbacks.

In the agricultural-rural residential (AR) zoning district, structures shall be 40 feet or more from any street or road right-of-way, which is 50 feet or greater in width, or 65 feet or more from the centerline of a street or road right-of-way less than 50 feet in width, except that signs advertising the sale or rent of premises may be erected up to the property line. This shall be known as the setback line. (Amdmt. No. O-02-8, 10-1-02)

Sec. 66-97. - Frontage.

In the agricultural-rural residential (AR) zoning district, the minimum frontage of a lot or parcel shall be at least 100 feet at the front yard setback line. (Amdmt. No. O-02-8, 10-1-02)

Sec. 66-98. - Yard setbacks.

(a)

Side yard. The minimum side yard setback for each main structure or use in the agricultural-rural residential (AR) zoning district shall be 15 feet, and the total width of the two required side yards shall be 35 feet or more. (Amdmt. No. O-02-8, 10-1-02)

(b)

Rear yard. Each main structure or use shall have a rear yard setback of 35 feet or more. (Amdmt. No. O-02-8, 10-1-02)

(c)

Distance between structures. Where more than one main structure or use is permitted on the same lot, there shall be a minimum of 35 feet separation between building or use and shall meet the required minimum setbacks for the front, side, and rear yards for an AR zone district. (Amdmt. No. O-02-8, 10-1-02)

Sec. 66-99. - Corner lot setbacks.

(a)

In the agricultural-rural residential (AR) zoning district, the side yard setback on the side facing an improved side street shall be equal to the front setback for the district in which the lot is located.

(b)

On corner lots, as defined under article XXI of this chapter for the term "lot, corner," in subdivisions of record prior to May 1965, the setback, as defined in this article, shall be required only from the street line deemed to be the street upon which the lot fronts. The distance by which a structure must be separated from the street line along the longest side of the lot shall be not less than the minimum side yard required by the district regulations. (Amdmt. No. 92-5, 7-15-92; Amdmt. No. 93-4, 8-17-93; Amdmt. No. O-02-8, 10-1-02)

Sec. 66-100. - Special requirements for hog farms.

In the agricultural-rural residential (AR) zoning district, the following additional requirements shall apply to hog farms (Amdmt. No. 95-2, 4-4-95):

Type A Type B Type C
Maximum density per acre of swine weighing over 55 lbs. each   3   5   7
Minimum lot size, in acres   1   3   5
Setback from existing off-site dwelling not owned by the farm operator or owner, in feet  50 100 150
Setback from property lines and public roads, in feet  50 100 150
Setback from publicly owned buildings; public recreations areas; or public wells, public springs or public water intakes, in feet 100 200 300

 

Sec. 66-101. - Buffering and screening.

In the agricultural-rural residential (AR) zoning district, a minimum of ten feet buffering and screening is required where uses, other than residential, are within 100 feet of an R-1 or R-2 zone classification. Buffering and screening may be required for uses within AR when the uses, other than residential, are within 100 feet of an existing residential use. This may also include the use of "home occupations." The zoning administrator is to determine the plant or design specifications for any buffering or screening. (Amdmt. No. O-02-2, 2-19-02)