For the purpose of this chapter, the incorporated area of the town is divided into seven districts and one overlay district as follows:

R-1 (low-density residential);

R-2 (medium-density residential);

R-MHP (residential manufactured home park);

C-1 (local commercial);

C-2 (general commercial);

M (industrial);

PUD (planned-unit development);

DRO (downtown revitalization overlay).

(Ord. of 10-11-2011(3), § 2)

(a)

The town is divided into districts as indicated in section 86-71, and as shown on the official zoning map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter.

(b)

The official zoning map shall be identified by the signature of the mayor attested by the town clerk, and bearing the seal of the town under the following words: "This is to certify that this is the official zoning map referred to in section 86-72 of the Code of the Town of Altavista, Virginia, 2011," together with the date of the adoption of this chapter.

(c)

If, in accordance with the provisions of this chapter and Code of Virginia, § 15.2-2200 et seq., changes are made in districts, boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly after the amendment has been approved by the town council, with an entry on the official zoning map as follows: "On [date], by official action of the town council, the following [change] changes were made in the official zoning map: [brief description of nature of change]," which entry shall be signed by the mayor and attested by the town clerk. No amendment to this chapter which involves matter portrayed on the official zoning map shall become effective until after such change and entry have been made on such map.

(d)

No changes of any nature shall be made in the official zoning map except in conformity with the procedures set forth in article IX of this chapter.

(e)

Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map which shall be located in the town hall shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the town.

(f)

If the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the town council may by resolution adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the mayor attested by the clerk, and bearing the seal of the town under the following words: "This is to certify that this official zoning map supersedes and replaces the official zoning map adopted May 2002, pursuant to section 18-3, 1968 Code of the Town of Altavista, Virginia."

(g)

Unless the prior official zoning map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.

(Ord. of 10-11-2011(3), § 2)

Nothing in this Code or the ordinance adopting this Code shall affect any ordinance that rezones any specific property or that amends a zoning map with respect to any specific property, and all such ordinances are hereby recognized as continuing in full force and effect.

(Ord. of 10-11-2011(3), § 2)

(a)

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines.

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(3)

Boundaries indicated as approximately following town limits shall be construed as following such town limits.

(4)

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

(5)

Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines.

(6)

Boundaries indicated as parallel to or extensions of features indicated in subsections (a)(1)—(a)(5) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

(7)

Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections (a)(1)—(a)(6) of this section, the planning commission shall interpret the district boundaries.

(8)

Where a district boundary line divides a lot which was in single ownership at the time of passage of this chapter, the town council may permit the extension of the regulations for either portion of the lot not to exceed 50 feet beyond the district line into the remaining portion of the lot.

(b)

Where one or more lots or parcels of land (the transit parcel) is used for vehicular or pedestrian access to another lot or parcel (the accessed parcel), the transit parcel shall be deemed the same use as the accessed parcel and must comply with the use regulations in the district in which it is situated.

(c)

If the rules contained in subsection (a) above do not provide sufficient certainty to determine the location of a zoning district boundary, the administrator shall request the board of zoning appeals to interpret the location of the district boundary pursuant to the authority granted by this chapter.

(Ord. of 10-11-2011(3), § 2)

The R-1 (low-density residential) district is composed of low to medium-density single-family residential areas and open areas where similar residential development is planned and/or appears likely to occur. The regulations for this R-1 district are designed to stabilize and protect the basic characteristics and amenities of the R-1 district, and to promote and encourage a suitable environment for the enjoyment of family life. To these ends, development is limited to low-to-medium concentration of dwellings and permitted uses are limited basically to single-unit dwellings and certain additional uses such as schools, parks, churches, and certain public facilities that serve the R-1 district.

(Ord. of 10-11-2011(3), § 2)

(a)

Only one building and its accessory buildings may be erected on any lot or parcel of land in the R-1 low-density residential district.

(b)

The following uses are permitted by right or by special use permit in the R-1 low-density residential district, subject to all other applicable requirements contained in this chapter. A special use permit is required where indicated. Certain uses are subject to additional, modified or more stringent standards as indicated.

(1)

Agricultural use types. (None)

(2)

Residential use types.

Accessory apartment—Subject to section 86-453

Aviation facility, private—Subject to section 86-546, special use permit required

Community garden—Special use permit required

Family day care home—Subject to section 86-477, special use permit required

Group home—Subject to Code of Virginia § 15.2-2291

Home garden

Home occupation—Subject to section 86-454

Keeping of chickens subject to section 86-515.1

Keeping of horses—Subject to section 86-515.2, special use permit required

Manufactured home, emergency—Subject to section 86-455

Manufactured home, emergency—Subject to section 86-455

Single-family dwelling, detached—Subject to section 86-596

Temporary family health care structure—Subject to section 86-460

(3)

Civic use types.

Community recreation—Subject to section 86-474

Cultural service

Educational facilities, primary/secondary, special use permit required

Non-profit facility—Subject to section 86-482, special use permit required

Public parks and recreational areas, special use permit required

Religious assembly—Subject to section 86-479, special use permit required

Safety service

Utility service, minor

(4)

Office use types. (None)

(5)

Commercial use types.

Bed and breakfast—Subject to section 86-507, special use permit required

Restaurant, mobile—Subject to section 86-520

Short-term rental—Subject to section 86-522, special use permit required

(6)

Industrial use types. (None)

(7)

Miscellaneous use types.

Amateur radio tower—Subject to section 86-542

Satellite dish antenna one meter or less in diameter or measured diagonally

Satellite dish antenna in excess of one meter in diameter or measured diagonally—Subject to section 86-544

(Ord. of 10-11-2011(3), § 2; Ord. of 1-14-2014(1), § 1; Ord. of. 4-12-2016(2), § 1; Ord. of 5-9-2017(3), § 1; Ord. of 5-9-12-2017(15), § 1; Ord. of 11-13-2018(2); Ord. of 2-13-2024(2); Ord. of 3-12-2024(2))

The following (sections 86-134 thru 86-140) are the site development regulations for the R-1, low-density residential district. For additional standards see article IV, use and design standards.

(Ord. of 10-11-2011(3), § 2)

* Subject to approval by the health department.

(Ord. of 10-11-2011(3), § 2)

One hundred feet (measured at the front setback line).

(Ord. of 10-11-2011(3), § 2)

(Ord. of 10-11-2011(3), § 2)

(Ord. of 10-11-2011(3), § 2)

Twenty-five percent of rear yard area.

(Ord. of 10-11-2011(3), § 2)

(Ord. of 10-11-2011(3), § 2; Ord. of 9-13-2022(1), § 1)

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

(Ord. of 10-11-2011(3), § 2)

The R-2 (medium-density residential) district is composed of medium to high-density residential areas, ordinarily located near commercial areas or employment centers, and open areas where similar development is planned and/or likely to occur. The regulations for this R-2 district are designed to stabilize and protect the basic characteristics of the R-2 district, to promote and encourage, compatibility with the intensity of land use, a suitable environment for the enjoyment of family life and to permit limited commercial uses of a compatible character which are unlikely to develop general concentration of traffic, crowds of customers, and general outdoor advertising. The R-2 district is intended to protect against encroachment of general commercial or industrial uses. A wide variety of residential uses for both permanent and transient occupancy are permitted. Development is focused on medium to high concentrations of dwellings and permitted uses are basically dwellings and additional uses such as schools, parks, clubs, churches and certain public facilities that serve the R-2 district.

(Ord. of 10-11-2011(3), § 2)

The following uses are permitted by right or by special use permit in the R-2 medium-density residential district, subject to all other applicable requirements contained in this chapter. A special use permit is required where indicated. Certain uses are subject to additional, modified or more stringent standards as indicated.

(1)

Agricultural use types. (None)

(2)

Residential use types.

Accessory apartment—Subject to section 86-453

Community garden, special use permit required

Duplex (no guidelines listed in Code)

Family day care home—Subject to section 86-477

Group home—Subject to Virginia Code, § 15.2-2291

Home garden

Home occupation—Subject to section 86-454

Keeping of chickens—Subject to section 86-515.1

Keeping of horses—Subject to section 86-515.2, special use permit required

Manufactured home, emergency—Subject to section 86-455

Multi-family dwelling—Consisting of three or fewer units

Multi-family dwelling—Consisting of more than three units—Subject to section 86-458, special use permit required

Multi-family dwelling—Consisting of more than three units—Subject to section 86-458, special use permit required

Single-family dwelling, attached—Subject to section 86-459

Single-family dwelling, detached—Subject to section 86-596

Temporary family health care structures—Subject to section 86-460

Townhouse—Subject to section 86-461

(3)

Civic use types.

Assisted care residence (no guidelines listed in Code—Regulated by State of Virginia)

Cemetery, special use permit required

Club—Subject to section 86-473, special use permit required

Community recreation—Subject to section 86-474

Crisis center, special use permit required

Cultural service

Educational facilities, primary/secondary, special use permit required

Governmental service, special use permit required

Guidance service, special use permit required

Halfway house, special use permit required

Life care facility, special use permit required

Non-profit facility—Subject to section 86-482, special use permit required

Nursing home, special use permit required

Public parks and recreational areas, special use permit required

Religious assembly—Subject to section 86-479, special use permit required

Safety service

Utility service, minor

(4)

Office use types. (None)

(5)

Commercial use types.

Bed and breakfast—Subject to section 86-507, special use permit required

Day care center—Subject to section 86-510, special use permit required

Golf course, special use permit required

Personal service business—Subject to section 86-483, special use permit required

Restaurant, mobile—Subject to section 86-520

Short-term rental—Subject to section 86-522, special use permit required

(6)

Industrial use types.

(7)

Miscellaneous use types.

Amateur radio tower—Subject to section 86-542

Satellite dish antenna one meter or less in diameter or measured diagonally

Satellite dish antenna in excess of one meter in diameter or measured diagonally—Subject to section 86-544

(Ord. of 10-11-2011(3), § 2; Ord. of 1-14-2014(2), § 1; Ord. of. 4-12-2016(3), § 1; Ord. of 5-9-2017(4), § 1; Ord. of 8-8-2017(2), § 1; Ord. of 11-13-2018(3); Ord. of 4-11-2023, § 1; Ord. of 3-12-2024(7))

The following (sections 86-194 thru 86-200) are the site development regulations for the R-2, medium-density residential district in general. For additional, modified or more stringent standards see article IV, use and design standards.

(Ord. of 10-11-2011(3), § 2)

* Subject to approval by the health department.

(Ord. of 10-11-2011(3), § 2)

Eighty feet (measured at the front setback line).

(Ord. of 10-11-2011(3), § 2)

(Ord. of 10-11-2011(3), § 2)

(Ord. of 10-11-2011(3), § 2)

Twenty-five percent of rear yard area.

(Ord. of 10-11-2011(3), § 2)

(Ord. of 10-11-2011(3), § 2; Ord. of 9-13-2022(2), § 1)

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

(Ord. of 10-11-2011(3), § 2)

The following (sections 86-222 thru 86-228) are the site development regulations for the R-2, medium-density residential district for townhouses. All townhouse dwelling units must be served by public water and sewer. For additional, modified or more stringent standards see article IV, use and design standards.

(Ord. of 10-11-2011(3), § 2)

(Ord. of 10-11-2011(3), § 2)

(Ord. of 10-11-2011(3), § 2)

(Ord. of 10-11-2011(3), § 2)

(Ord. of 10-11-2011(3), § 2)

(Ord. of 10-11-2011(3), § 2)

(Ord. of 10-11-2011(3), § 2)

(Ord. of 10-11-2011(3), § 2)

The following (sections 86-252 thru 86-256) are the site development regulations for the R-2, medium-density residential district for multi-family dwellings. All multi-family dwellings must be served by public water and sewer. For additional, modified or more stringent standards see article IV, use and design standards. It is the intent of this chapter that these sections shall apply to individual residential dwelling units intended to be leased as apartments, or individually owned as condominiums under the Condominium Act (Code of Virginia, § 55-79.39 et seq.), or as "cooperatives" under the Virginia Real Estate Cooperative Act (Code of Virginia, § 55-424 et seq.).

(Ord. of 10-11-2011(3), § 2)

(Ord. of 10-11-2011(3), § 2)

(Ord. of 10-11-2011(3), § 2)

(Ord. of 10-11-2011(3), § 2)

(Ord. of 10-11-2011(3), § 2)

(Ord. of 10-11-2011(3), § 2)

The R-MHP (residential manufactured home park) district is intended to accommodate manufactured homes. This R-MHP district is based on the premise that the demand for manufactured homes can best be supplied by the designation of appropriately located manufactured home parks. The following regulations are designed to provide an attractive and harmonious environment for manufactured home dwellings, with all amenities normally found in a substantially residential neighborhood.

(Ord. of 10-11-2011(3), § 2)

The following uses are permitted by right or by special use permit in the R-MHP residential manufactured home park district, subject to all other applicable requirements contained in this chapter. A special use permit is required where indicated. Certain uses are subject to additional, modified or more stringent standards as indicated.

(1)

Agricultural use types.

(None)

(2)

Residential use types.

Accessory apartment—Subject to section 86-453, special use permit required

Family day care home—Subject to section 86-477, special use permit required

Group home—Subject to Code of Virginia, § 15.2-2291

Home garden

Home occupation—Subject to section 86-454

Manufactured home—Subject to section 86-455

Manufactured home, emergency—Subject to section 86-456

Manufactured home park—Subject to section 86-457

(3)

Civic use types.

Community recreation—Subject to section 86-474

Cultural service

Public parks and recreational area—Special use permit required

Religious assembly—Subject to section 86-479, special use permit required

Safety service

Utility service, minor

(4)

Office use types.

(None)

(5)

Commercial use types.

(None)

(6)

Industrial use types.

(None)

(7)

Miscellaneous use types.

Amateur radio tower—Subject to section 86-542

Satellite dish antenna one meter or less in diameter or measured diagonally

Satellite dish antenna in excess of one meter in diameter or measured diagonally—Subject to section 86-544

(Ord. of 10-11-2011(3), § 2; Ord. of 1-14-2014(3), § 1; Ord. of 5-9-2017(5), § 1)

General standards.

(1)

Every manufactured home lot in a manufactured home park will front on either a public or private street.

(2)

The site plan for each manufactured home park shall be approved by the planning commission. All utilities shall be underground.

(3)

Manufactured home parks shall be enclosed with an approved fence or planted hedge, not less than seven feet in height and without openings to adjoining property other than the required entrances and exists to streets or public spaces.

(4)

Area; minimum lot area. The minimum area for an individual manufactured home lot shall be a minimum area of 5,000 square feet.

(5)

Width; minimum lot width. The minimum average width for each manufactured home lot shall be 50 feet.

(6)

Percentage of lot coverage. The maximum area that shall be covered, including patios and accessory buildings, is 30 percent of the allocated space area.

(7)

Minimum distance between mobile homes. No manufactured home shall be placed within 25 feet of another.

(8)

Setback. All mobile homes shall be set back a minimum distance of 25 feet from any boundary line or street right-of-way.

(9)

The minimum number of lots completed and ready for occupancy before first occupancy is permitted shall be eight.

(10)

Water supply. An approved water supply system shall be installed with an individual water tap and connection for each mobile home lot to supply running water for all sanitary and washing fixtures, drinking and domestic purposes as required by the plumbing code. Connections to individual units shall be arranged to prevent backsiphoning into the main system. Lines shall be of sufficient depth to prevent freezing and shall be insulated above ground.

(11)

Sewerage facilities. All waste or wastewater from a manufactured home shall empty into a public system or a state department of health approved sewage disposal system. Lines shall be completely underground except where under the mobile home.

(12)

Additions to manufactured homes. No permanent or semi-permanent structure shall be affixed to any manufactured home as an addition to such manufactured home when located in a manufactured home park, nor shall any accessory structure be permitted on any lot or in any manufactured home park except those accessory structures allowed by this article and a structure to house an office. If an office structure is provided, its construction shall comply with all applicable laws and ordinances. The prohibition against any addition or accessory to a manufactured home shall not apply to a canopy or awning designed for use with a manufactured home, nor to any expansion unit of accessory structures specifically made for manufactured homes.

(13)

No manufactured home dwelling shall be parked or installed outside the R-MHP district except when used as construction offices or when offered for sale on an authorized manufactured home sales lot.

(14)

All construction shall comply with the Virginia Uniform Statewide Building Code.

(Ord. of 10-11-2011(3), § 2; Ord. of 5-9-2017(6), § 1)

(Ord. of 10-11-2011(3), § 2)

General standards.

(1)

Minimum distance between manufactured homes: No manufactured home shall be placed within 25 feet of another.

(2)

Yards abutting common areas: The distance from the line or corner of the manufactured home stand to a private access drive, a common parking area, a common walk or other common area shall be 20 feet minimum including patios, carports and individual storage facilities.

(3)

Distance manufactured homes to be located from manufactured home park boundary and public streets: All manufactured homes shall be setback a minimum distance of 25 feet from any boundary line or street right-of-way.

(Ord. of 10-11-2011(3), § 2)

(Ord. of 10-11-2011(3), § 2)

(Ord. of 10-11-2011(3), § 2)

Shall not exceed the height of principal structure.

(Ord. of 10-11-2011(3), § 2)

Twenty-five percent of total yard area.

(Ord. of 10-11-2011(3), § 2)

All streets, serving manufactured home lots, shall be built to public road standards and shall conform to the standards of the Virginia Department of Transportation.

(Ord. of 10-11-2011(3), § 2)

All units must be connected to public water and sewer before a certificate of occupancy may be issued.

(Ord. of 10-11-2011(3), § 2)

Within a period of 90 days after placement of a manufactured home on a stand in district R-MHP, skirting shall be placed between the base of the body of the manufactured home and the stand or ground, completely enclosing the entire circumference of the manufactured home, the skirting to be a material to enhance the appearance of the individual manufactured home unit.

(Ord. of 10-11-2011(3), § 2)

The purpose of the C-1 (local commercial) district is to provide for the establishment or continuance of small business areas that will serve the surrounding residential neighborhoods with convenience goods and services. Since traffic and parking congestion should be held to a minimum near residential areas to protect property values and preserve amenities of residential areas, all development in the C-1 district shall take place in a limited business setting. A desirable size for such an area is several offices or stores and would include such activities necessary for the day-to-day operation of a typical household or uses that do not detract from the character of the surrounding community. All retail uses in the C-1 district are intended to be compatible with adjoining office and/or residential uses. Certain residential uses are allowed in the C-1 district, provided that minimum standards are met.

(Ord. of 10-11-2011(3), § 2)

The following uses are permitted by right or by special use permit in the C-1 local commercial district, subject to all other applicable requirements contained in this chapter. A special use permit is required where indicated.

Certain uses are subject to additional, modified or more stringent standards as indicated.

(1)

Agricultural use types. (None)

(2)

Residential use types.

Accessory apartment—Subject to section 86-453

Duplex, no guidelines listed in Code

Home garden

Home occupation—Subject to section 86-554

Keeping of chickens—Subject to section 86-515.1

Multi-family dwelling—Subject to section 86-458, special use permit required.

Single-family dwelling, attached—Subject to section 86-459

Single-family dwelling, detached—Subject to section 86-596

Temporary family health care structures—Subject to section 86-460

Townhouse—Subject to section 86-461

(3)

Civic use types.

Assisted care residence—Regulated by the Commonwealth of Virginia Club—Subject to section 86-473

Assisted care residence—Regulated by the Commonwealth of Virginia Club—Subject to section 86-473

Crisis center, special use permit required

Cultural service

Educational facilities, college/university, special use permit required

Educational facilities, primary/secondary

Food bank, food pantry, or similar uses—Subject to section 86-482.1

Governmental service

Guidance service

Halfway house, special use permit required

Life care facility

Nursing home

Park and ride facility

Post office

Public assembly, special use permit required

Public parks and recreational areas, special use permit required

Religious assembly—Subject to section 86-479

Safety service

Utility service, major, special use permit required

Utility service, minor

(4)

Office use types.

Financial institution, no guidelines listed in Code

General office

Laboratory, special use permit required

Medical office

Substance abuse clinic Licensed by the Commonwealth of Virginia, special use permit required

(5)

Commercial use types.

Bed and breakfast—Subject to section 86-507

Business support service

Business/trade schools

Car wash, special use permit required

Commercial indoor sports and recreation, special use permit required

Communications service

Day care center—Subject to section 86-510

Funeral service

Garden center

Gasoline station—Subject to section 86-513, special use permit required

Hospital, special use permit required

Indoor pet boarding facility—Subject to section 86-523, special use permit required

Microbrewery

Personal improvement service

Personal service

Restaurant, mobile—Subject to section 86-520

Restaurant, small—Whether in a new or existing shopping strip center—Subject to section 86-32, definitions

Restaurant, small—As a stand-alone building—Subject to section 86-32, definitions, special use permit required

Retail sales—Not exceeding 3,000 gross square feet per use

Short-term rental—Subject to section 86-522

Studio, fine arts

Wedding/event facility—Subject to section 86-521, special use permit required

(6)

Industrial use types. (None)

(7)

Miscellaneous uses.

Amateur radio tower—Subject to section 86-542

Parking facility, surface/structure, special use permit required

Satellite dish antenna one meter or less in diameter or measured diagonally

Satellite dish antenna in excess of one meter in diameter or measured diagonally—Subject to section 86-544

Tower—Subject to section 86-545 and article VI, special use permit required.

(Ord. of 10-11-2011(3), § 2; Ord. of 1-14-2014(4), § 1; Ord. of 7-14-15(3); Ord. of. 4-12-2016(4), § 1; Ord. of 5-9-12-2017(16), § 1; Ord. of 12-11-2018(1); Ord. of 5-14-2019(2), § 1; Ord. of 7-9-2019(4), § 1; Ord. of 3-12-2024(3); Ord. of 5-14-2024(2))

The following (sections 86-324 thru 86-327) are the site development regulations for the C-1, local commercial district. All commercial uses must be served by public water and sewer. For additional, modified or more stringent standards see article IV, use and design standards.

(Ord. of 10-11-2011(3), § 2)

None, except any residential uses must meet the requirements of the R-2 district.

(Ord. of 10-11-2011(3), § 2)

(Ord. of 10-11-2011(3), § 2)

(Ord. of 10-11-2011(3), § 2)

(Ord. of 10-11-2011(3), § 2; Ord. of 9-13-2022(3), § 1)

The C-2 (general commercial) district covers those areas of the community intended for the conduct of a wide variety of businesses to which the public requires direct and frequent access and is characterized by frequent vehicular and pedestrian traffic. This C-2 district is the major business district of the town which is the focal point of where business can be successful and grow in the community. Certain residential uses are allowed in the C-2 district, provided that minimum standards are met. Site development regulations are designed to ensure compatibility with adjoining land uses.

(Ord. of 10-11-2011(3), § 2)

The following uses are permitted by right or by special use permit in the C-2 general commercial district, subject to all other applicable requirements contained in this chapter. A special use permit is required where indicated.

Certain uses are subject to additional, modified or more stringent standards as indicated.

(1)

Agricultural use types. (None)

(2)

Residential use types.

Accessory apartment—Subject to section 86-453

Duplex, no guidelines listed in Code

Home garden

Home occupation—Subject to section 86-454

Keeping of chickens—Subject to section 86-515.1

Multi-family dwelling—Subject to section 86-458, special use permit required

Single-family dwelling, attached—Subject to section 86-459

Single-family dwelling, detached—Subject to section 86-596

Temporary family health care structures—Subject to section 86-460

Townhouse—Subject to section 86-461

Upper-story housing unit—Subject to section 86-462

(3)

Civic use types.

Assisted care residence—Regulated by the Commonwealth of Virginia Club—Subject to section 86-473

Crisis center

Cultural services

Educational facilities, college/university, special use permit required

Educational facilities, primary/secondary

Food bank, food pantry, or similar uses—Subject to section 86-482.1, special use permit required

Governmental service

Guidance service

Halfway house, special use permit required

Hospitals, special use permit required

Life care facility

Nursing home

Park and ride facility

Post office

Public assembly

Public maintenance and service facility, special use permit required

Public parks and recreational areas, special use permit required

Religious assembly—Subject to section 86-479

Safety services

Utility service, major, special use permit required

Utility service, minor

(5)

Office use types.

Financial institution, no guidelines listed in Code

General office

Laboratory

Medical office

Substance abuse clinic—Licensed by the Commonwealth of Virginia, special use permit required

(6)

Commercial use types.

Adult use—Subject to section 86-502, special use permit required

Agricultural service

Antique shop

Assembly hall

Automobile dealership, new—Subject to section 86-503

Automobile dealership, used—Subject to section 86-504, special use permit required

Automobile parts/supply, retail

Automobile rental/leasing

Automobile repair service, major—Subject to section 86-505, special use permit required

Automobile repair service, minor

Brewpub

Business support service

Business/trade schools

Car wash

Commercial indoor amusement

Commercial indoor entertainment

Commercial indoor sports and recreation

Commercial outdoor entertainment

Commercial outdoor sports and recreation

Communications service

Construction sales and service

Consumer repair service

Convenience store

Dance hall, special use permit required

Day care center—Subject to section 86-510

Equipment sales and rental, special use permit required

Farmers market, special use permit required

Flea market, special use permit required

Funeral service

Garden center

Gasoline station—Subject to section 86-513

Hospital

Hotel/motel/motor lodge

Indoor pet boarding facility—Subject to section 86-523, special use permit required

Kennel, commercial—Subject to section 86-515, special use permit required

Laundry

Manufactured home sales

Microbrewery

Mini-storage—Subject to section 86-517, special use permit required

Modular home sales

Pawn shop

Payday loan establishment

Personal improvement service

Personal service

Recreational vehicle sales and service

Restaurant, small

Restaurant, fast food or drive-thru—Subject to section 86-562

Restaurant, general

Restaurant, mobile—Subject to section 86-520

Retail sales—Subject to section 86-519

Short-term rental

Studio, fine arts

Transient merchant—Subject to section 86-514, itinerant merchant

Travel center, special use permit required

Veterinary hospital/clinic

Wedding/event facility—Subject to section 86-521

(7)

Industrial use types.

Construction yard, special use permit required

Custom manufacturing

Transportation terminal, special use permit required

Truck terminal, special use permit required

(8)

Miscellaneous uses.

Amateur radio tower—Subject to section 86-542

Donation bin—Subject to section 86-548

Parking facility, surface/structure, special use permit required

Satellite dish antenna one meter or less in diameter or measured diagonally

Satellite dish antenna in excess of one meter in diameter or measured diagonally—Subject to section 86-544

Tower—Subject to section 86-545 and article VI, special use permit required

(Ord. of 10-11-2011(3), § 2; Ord. of 1-14-2014(5), § 1; Ord. of 7-14-15(4); Ord. of. 4-12-2016(5), § 1); Ord. of 5-9-12-2017(17), § 1; Ord. of 12-11-2018(2); Ord. of 5-14-2019(3), § 1; Ord. of 7-9-2019(1), § 1; Ord. of 3-14-2023(1), § 1; Ord. of 4-11-2023, § 1; Ord. of 2-13-2024(2); Ord. of 3-12-2024(4); Ord. of 5-14-2024(3); Ord. of 3-11-2025(2), § 2)

The following (sections 86-354 thru 86-356) are the site development regulations for the C-2, general commercial district. All commercial uses must be served by public water and sewer. For additional, modified or more stringent standards see article IV, use and design standards.

(Ord. of 10-11-2011(3), § 2)

None, except any residential uses must meet the requirements of the R-2 district.

(Ord. of 10-11-2011(3), § 2)

None, except when adjacent to any residential district. If adjacent to residential, then:

(Ord. of 10-11-2011(3), § 2)

(Ord. of 10-11-2011(3), § 2; Ord. of 9-13-2022(4), § 1)

The M (industrial) district shall provide an area where the principal use of the land is for manufacturing operations where business can be successful and grow in the community. These businesses, industries, and employment centers may create some nuisance effects but will not be detrimental to the environment or the surrounding community. The specific intent is to encourage the construction of and the continued use of the land for industrial and commercial purposes; limit residential use of the land, prohibit any other use which would substantially interfere with the development, continuation or expansion of commercial and industrial uses in the M district.

(Ord. of 10-11-2011(3), § 2; Ord. of 8-12-2025(2), § 1)

The following uses are permitted by right or by special use permit in the M (industrial) district, subject to all other applicable requirements contained in this chapter. A special use permit is required where indicated. Certain uses are subject to additional, modified or more stringent standards as indicated.

(1)

Agricultural use types.

(None)

(2)

Residential use types.

Home garden

Home occupation—Subject to section 86-454, special use permit required

Keeping of chickens per section 86-515.1

Multi-family dwelling Subject to section 86-458.—Special use permit required—Only when redeveloping or renovating an existing industrial building

(3)

Civic use types.

Educational facilities, college/university—Special use permit required

Food bank, food pantry, or similar uses—Subject to section 86-482.1

Governmental services

Post office

Public maintenance and service facility

Safety services

Utility service, major—Special use permit required

Utility service, minor

(4)

Office use types.

Financial institution—No guidelines listed in Code

General office

Laboratory

Medical office

(5)

Commercial use types.

Automobile repair service, major—Subject to section 86-505

Business support services

Business trade school

Communication services

Construction sales and services

Equipment sales and rental

Mini-storage—Subject to section 86-517

Restaurant, mobile per section 86-520

Wedding/event facility—Subject to section 86-521

(6)

Industrial use types.

Construction yard

Custom manufacturing—Special use permit required

Manufacturing, light—Special use permit required

Transportation terminal

Truck terminal

Warehousing and distribution

(7)

Miscellaneous use types.

Parking facility, surface/structure—Special use permit required

Satellite dish antenna one meter or less in diameter or measured diagonally

Satellite dish antenna in excess of one meter in diameter or measured diagonally—Subject to section 86-544

Tower—Special use permit required, subject to section 86-545

(Ord. of 10-11-2011(3), § 2; Ord. of 1-14-2014(6), § 1; Ord. of. 4-12-2016(6), § 1; Ord. of 5-9-12-2017(18), § 1; Ord. of 12-11-2018(3); Ord. of 5-14-2019(4), § 1; Ord. of 7-9-2019(5), § 1; Ord. of 12-10-2019(1), § 1; Ord. of 3-14-2023(2), § 1; Ord. of 4-11-2023, § 1; Ord. of 2-13-2024(2); Ord. of 8-12-2025(3), § 1)

The following (sections 86-384 thru 86-388) are the site development regulations for the M (industrial) district. All industrial uses must be served by public water and sewer. For additional, modified or more stringent standards see article IV, use and design standards.

(Ord. of 10-11-2011(3), § 2)

None, except any residential uses must meet the requirements of the R-2 district.

(Ord. of 10-11-2011(3), § 2)

(Ord. of 10-11-2011(3), § 2)

(Ord. of 10-11-2011(3), § 2)

(Ord. of 10-11-2011(3), § 2)

(Ord. of 10-11-2011(3), § 2; Ord. of 9-13-2022(5), § 1)

The purpose of the PUD (planned unit development) district is to promote a broad mix of land uses in more intensive development settings, promote the efficient use of land, allow for flexible development standards, provide open space, and protect the natural features and beauty of the land. Planned unit developments (PUD's) are intended to provide variety, flexibility, mixed-uses, and convenience for residents. PUD's should be created in accordance with areas deemed suitable for such a mix of uses on the comprehensive plan and should be developed to be compatible with existing land uses.

(Ord. of 10-11-2011(3), § 2)

(a)

The location of planned unit developments shall be in accordance with the approved comprehensive plan and an approved master plan of the PUD.

(1)

The minimum PUD size shall be no less than two acres of contiguous land.

(2)

The proposed PUD shall be designed in a manner consistent with the provisions of the comprehensive plan as well as other town plans and/or policies.

(3)

The PUD shall provide for the appropriate use and management of available land and will preserve and protect, to the greatest possible extent, the natural features of the land such as topographic features, trees and streams.

(4)

PUD's shall only be developed in areas where adequate transportation facilities, fire protection, schools, public water and sewer and other public and community facilities exist or will be available for the uses and densities proposed.

(Ord. of 10-11-2011(3), § 2)

(a)

A pre-application conference shall be held with the zoning administrator prior to any filing for a rezoning. The administrator, prior to filing, may require a preliminary plan review from the applicant.

(b)

The applicant shall be required to send notification and conduct a public meeting to explain the proposed PUD to residents that live in the vicinity of such development. This public meeting shall be conducted prior to filing an application with the town.

(c)

The applicant shall submit any information required by the administrator necessary to evaluate a rezoning application or site plan including, but not limited to, the following:

(1)

Application for rezoning.

(2)

A required application fee, as set forth within the most recent fee schedule approved by the town council.

(3)

Twelve copies of a master plan schematic for review.

(4)

Community impact statement explaining the proposed impact on public services.

(d)

A Professional planner, licensed surveyor, architect, landscape architect and/or engineer shall prepare the master plan. It shall include:

(1)

A vicinity map showing the property with surrounding roads and adjacent properties at a scale of not less than one inch to one mile.

(2)

A north arrow.

(3)

The approximate boundaries of each section, land use and proposed density, location of proposed streets and right-of-ways, and location of proposed common open space and recreation areas.

(4)

A table showing for each section the uses, approximate development phasing, density and maximum number of dwelling units for residential areas, maximum area of square feet for commercial or office areas and maximum acreage of each.

(5)

Indicate master water, sewer and drainage plans.

(6)

A design manual for the PUD, to include descriptions and depictions for the following:

a.

An overall PUD description establishing the community characteristics, design themes and elements to be incorporated into the PUD, to include concepts relative to bulk, material composition and physical relationships.

b.

Proposed typical elevations for all structures to include the following details:

1.

Facade materials, to include color(s) to be used.

2.

Building height, depth and length. Building height shall be pursuant to the development standards for PUD's, contained in section 86-406.

3.

Roof lines and roof material(s) to be used.

4.

Screening for the air conditioning, heating and electrical systems used for commercial or mixed use buildings. Screening shall be established pursuant to the development standards for PUD's contained in section 86-406.

c.

Community design characteristics to include the following details:

1.

Functional classifications for internal roads.

2.

Streetscape design within the PUD. Streetscape design shall be established pursuant to the development standards for PUD's.

3.

Proposed setback lines for each road type classified (if applicable).

4.

Pedestrian system, including type(s) of impervious surface or paving to be used.

d.

Landscape details, plantings, and larger specimen tree types and locations, street furniture, site lighting and recreational improvements and/or the following areas:

1.

Along the perimeter of the PUD.

2.

Along major thoroughfares external to the PUD.

3.

Internal streets.

4.

Common areas.

5.

Parking lots.

e.

An open space plan, to include areas proposed for passive and active recreational uses, natural and undisturbed areas, and proposed buffer areas around the perimeter of the PUD. The plan shall address how the features described in the submission materials shall be preserved including information on the specific design, location, and timing of these areas and their ownership and maintenance.

(e)

The community impact statement shall be prepared and address:

(1)

Assessment of impact on schools.

(2)

A public utilities and services plan providing requirements for and provision of all utilities, public services, and public facilities to serve the PUD. This plan shall address:

a.

Adequacy of existing utilities, water, sewer, public services and public facilities in the vicinity of the PUD.

b.

Public improvements both offsite and onsite that are proposed for construction and a cost estimate for providing these improvements.

(3)

A traffic impact study pursuant to Code of Virginia, § 15.2-2222.1.

(4)

Economic impact of the proposed project.

(5)

Employment opportunities to be created by the development.

(6)

Environmental impact analysis, to include:

a.

Wetlands determination pursuant to the Army Corps of Engineers manual.

b.

Topography shown at five-foot contour intervals. Pre-development and post-development storm water runoff amounts shall be provided.

c.

Groundwater to be impacted including any ponds, lakes, streams, and rivers.

d.

Floodplains.

e.

Tree lines to be impacted, limits of clearing, and where buffers will be installed.

f.

Endangered native plant and animal life pursuant to the Virginia Department of Conservation and Recreation's 2003 Natural Heritage Plan.

g.

Historic resources to be impacted including, but not limited to, historic places designated by the National Register of Historic Places.

(Ord. of 10-11-2011(3), § 2)

(a)

The proposed master plan shall be reviewed by all appropriate agencies to ensure that existing or planned public infrastructure can accommodate rezoning for the PUD.

(b)

The planning commission shall review the proposed master plan for a recommendation to the town council after the public hearing has been advertised pursuant to Code of Virginia, § 15.2-2204. The commission shall report its recommendation to the town council after the public hearing. The commission shall recommend approval, approval with appropriate modifications, or deny the master plan.

(c)

The town council shall review the proposed master plan, and act to approve, approve with modifications or deny the proposed master plan after receiving a recommendation from the planning commission and after a public hearing has been advertised pursuant to Code of Virginia, § 15.2-2204. Approval of the proposed master plan shall constitute acceptance of the plan's provisions for permitted uses in PUD developments, maximum PUD densities, and development standards for PUD's. The plan approved by the council shall constitute the final plan for the PUD.

(d)

Major revisions to the approved master plan shall be reviewed at a public hearing before the planning commission and town council and comply with the requirements of this section. Major revisions include, but are not limited to, changes such as:

(1)

Density increases in the PUD.

(2)

Changes that intensify permitted uses in a PUD by 20 percent or more.

(3)

Substantial changes in access or circulation.

(4)

Substantial changes in the mixture of dwelling unit types within the PUD.

(5)

Substantial changes in the mixture of land use types.

(6)

Substantial changes in the amount of acreage devoted to nonresidential uses.

(7)

Reduction of acreage approved for open space, buffering or landscaping.

(8)

Substantial changes in site design or architectural features.

(9)

Any other change that the administrator deems a major change to the approved master plan.

(e)

All other changes of the approved master plan shall be considered as minor revisions. The administrator, upon receipt of a written request of the owner or authorized agent, may approve such minor revisions after consultation and agreement with any other impacted town or state agency.

(f)

A request which is not approved by the administrator shall be considered as a major revision and shall be subject to the approval process outlined in this section.

(g)

Following the approval of the final master plan, the owner or the authorized agent shall be required to submit preliminary and final site plans.

(h)

Subdivision plans shall be submitted and reviewed simultaneously with the site plan submittal. Subdivision plans shall be submitted pursuant to the applicable requirements of the subdivision ordinance.

(i)

Preliminary and final site plans submitted for review shall conform to the final master plan approved by the town council.

(j)

If a preliminary site plan for the PUD or any phase of the PUD is not submitted for approval within five years of the approval of the final master plan, town council shall notify the owner by certified mail of council's intent to initiate a rezoning action to revert acreage in the PUD to its former zoning district. The town council may act to approve the zoning reversion after planning commission review, and a public hearing has been advertised pursuant to Code of Virginia, § 15.2-2204. The applicant and owner shall bear all costs associated with the rezoning application and advertising.

(k)

The administrator, upon receipt of a written request of the owner or authorized agent, may grant a time extension beyond five years to submit a preliminary site plan provided; however, such extension shall not exceed one year.

(Ord. of 10-11-2011(3), § 2)

(a)

Any residential, civic, office or commercial use type may be permitted within PUD developments, provided the use is specifically shown on the approved master plan approved by the town council.

(b)

Accessory structures and uses that are typically subordinate and incidental to the principal use shall be permitted on any parcel within the PUD.

(Ord. of 10-11-2011(3), § 2)

(a)

Maximum densities allowable in the PUD shall be established through a recommendation of the planning commission and approval by the town council. The density within the PUD shall not exceed that which can be served by adequate public infrastructure either existing or planned at the time of rezoning.

(b)

Off street parking shall be provided in accordance with the standards in article IV.

(c)

Single-family detached dwellings shall not exceed 35 feet in height. Other residential structures shall be erected to a height not to exceed four stories. Mixed-use buildings that include residences shall not be less than two stories in height. The first floor of a mixed-use building shall be used for commercial and/or office uses, not residential uses. Nonresidential structures shall be erected to a height not to exceed 65 feet. Nonresidential structures over four stories shall not be located at the boundaries of land zoned for lower maximum height restrictions.

(d)

All landscaping shall be established pursuant to an approved master plan. Plantings should be of low height with preference given to native and drought-resistant species. Landscaping is also encouraged throughout parking areas of multi-family, office and business development. Larger specimen trees shall be used between parking areas and public rights-of-way. Within large parking areas, planting shall be designed to break up large parking areas into smaller parking areas.

(e)

Site lighting shall be provided to allow for safe and efficient pedestrian and vehicular movement. Site lighting shall be designed to minimize the glare of light onto adjacent buildings. The type of light fixtures shall enhance the character of the PUD. Light fixture locations are subject to site plan review pursuant to an approved master plan. Site plans for any commercial use that operates during any evening hours shall include a lighting plan for the entire site to be developed which shall include a photometric plan, light fixture specifications, and fixture mounting detail. Light sources from commercial sites shall be directed away from adjoining residential parcels.

(f)

Signs shall comply with the requirements set forth in article V of this chapter. In addition, signage shall be compatible with the architecture of the building.

(g)

Usable open space shall be provided within the PUD. No less than 20 percent of the gross acreage of the PUD shall be usable open space. Undevelopable acreage shall not be applied to meet the usable open space requirement. Recreation improvements in usable open spaces may be used as a credit towards the gross acreage requirement upon review by the planning commission and the town council.

(h)

Sidewalks shall be installed along all roads and streets in residential and commercial areas according to town standards.

(i)

Natural features such as wildlife habitats, historic sites, and irreplaceable assets shall be preserved to the maximum extent possible.

(j)

Screening is required for service, loading and trash areas, as well as, mechanical equipment. Screening shall be constructed in a manner that minimizes views into the areas from adjacent right-of-ways and buildings. Mechanical equipment shall be screened by walls, fences or plantings that are a minimum of five feet in height.

(k)

Vehicular access to the internal streets within the PUD shall be established through a boulevard style collector road. Parking areas shall be accessed from internal streets. Access points along internal streets shall align with streets and/or parking area access that intersect at a common point. Shared common access points into parking lots shall be established where possible, in order to limit conflict points. Cross-access easements between adjacent parking lots shall be established whenever possible to limit conflict points along internal streets. All streets shall meet VDOT public road standards.

(l)

Commercial uses shall be compatible with residential uses when integrated together. Any traffic, noise, and light generated by commercial uses shall be mitigated by design when integrated with residential uses. No outside storage nor any exterior emissions that may have a harmful effect in the community shall be permitted.

(m)

A homeowners' association shall be created during the subdivision process when any of the following conditions are proposed:

(1)

Alleys, pedestrian accessways or sidewalks that are not maintained by the town.

(2)

Commonly held parcels or open space are proposed.

(3)

Stormwater management infrastructure/best management practices are located on a commonly held parcel.

(Ord. of 10-11-2011(3), § 2)

(a)

The planning commission may recommend, and the town council may grant, modifications to development standards established in this section. Modifications may be granted with or without conditions. The owner or authorized agent shall submit an application to the administrator to request modifications to development standards at the time of submittal of the original PUD application.

(b)

No development standard modification shall be authorized by the planning commission unless substantial compliance has been determined for the following factors, as applicable:

(1)

By reason of the exceptional size and/or shape of the parcel or parcels or by reason of exceptional topographic conditions when strict application of the terms of this chapter would prevent or reasonably restrict the use of the parcel or parcels.

(2)

The granting of the modification will provide relief from a clearly demonstrated hardship. This hardship shall be distinguishable from a special privilege or convenience.

(3)

The modification will not endanger the public safety, health or general welfare of adjacent parcel owners; and will not change the character of the PUD.

(4)

The modification will comply with the provisions of the comprehensive plan.

(Ord. of 10-11-2011(3), § 2)

(a)

The DRO (downtown revitalization overlay) district (hereinafter referred to as "the district") seeks to fulfill the comprehensive plan's goal of recognizing Altavista's unique character and promoting the revitalization of the town's downtown area, as well as promoting tourism as a viable economic development strategy. The district regulations are adopted pursuant to authority granted to the town under Code of Virginia, §§ 15.2-2280 et seq. and 15.2-2306.

(b)

The district is established to promote the health, safety and general welfare; to bring harmony and cohesiveness to the visual appearance and uses of the district; to protect and promote compatibility in the appearance, character and uses; and to prevent intense automobile-oriented uses within the district.

(c)

The portions of Main Street (U.S. 29 Business), Bedford Avenue (State Route 43), Broad Street, and Seventh Street that lie within the district serve as key access routes by tourists traveling through the district en route to the Central Business District, English Park and the Staunton River, Leesville Lake, the Altavista Trade Lot, and to the Historic Avoca Museum.

(d)

Main Street and contiguous streets are significant routes of tourist access to the town and the core components of the town's rehabilitation, redevelopment, and economic revitalization of the town.

(e)

The district is intended to promote architecturally responsible commercial development; to emphasize historic development techniques; to reduce vacant, dilapidated, and empty lots in the district; to encourage designs that integrate the relationship between individual sites, multiple modes of transportation, and adjacent areas; and to promote the district as a vibrant commercial hub of the town.

(Ord. of 10-11-2011(3), § 2; Ord. of 12-8-2020(4), § 1)

(a)

To enable the district to operate in harmony with the plan for land use and population density embodied in these regulations, an overlay district, the DRO district, has been created to provide special regulations that are to be in addition to, and shall overlap and overlay all other districts regulations contained in the zoning ordinance (the "ordinance").

(b)

The boundaries of the district have been drawn and adopted by the town council to include all lands closely related to and bearing upon the character and function of the downtown area, thus composing a landscape unit and affording transitional regulations needed to control potentially adverse and conflicting uses and structures.

(c)

The district boundaries shall be delineated as an overlay district on the zoning map or a separate downtown revitalization project area map incorporated by reference into the zoning map.

(1)

The boundaries of the district are: A section of the Town of Altavista beginning at a point being the intersection of Pittsylvania Avenue and Fifth Street, thence following the northeast side of Pittsylvania Avenue, crossing Main Street and Seventh Street to a point on the northwest side of Seventh Street, thence running southwest with the northwest side of Seventh Street crossing Lynch Creek and Campbell Avenue, to a point on the northeast corner of Campbell Avenue and Seventh Street, thence running northwest with the northeast side of Campbell Avenue crossing a 20-foot alley to a point on the northwest side thereof, thence running parallel to Seventh Street a distance of approximately 420 feet to a point on the northeast side of a 20-foot alley, thence with the northeast side of said alley parallel to Broad Street and in a northwest direction, crossing Eighth Street to the point of intersection with the Norfolk Southern Railroad right-of-way, thence following said right-of-way southwest, crossing Broad Street to the northeast side of Bedford Avenue, thence following the northeast side of Bedford Avenue, crossing Main Street (U.S. Route 29 Business) to a point 36 feet north of the center of the main line of the Norfolk Southern Railroad (formerly Norfolk and Western) and thence east, parallel to and 36 feet north of the center line of said main rail line, crossing Pittsylvania Avenue to the northeast side of the said right-of-way, thereof, thence following the east side of the right-of-way of Pittsylvania Avenue in a northwest direction to the point of beginning.

(Ord. of 10-11-2011(3), § 2; Ord. of 5-9-2017(7), § 1)

All buildings or land within the district shall be subject to the following general conditions:

(1)

The uses, structures, minimum lot requirements, minimum yard requirements, maximum heights and accessory uses and accessory signs as well as all construction and demolition shall be determined by the regulations applicable to the underlying zoning and shall be applicable except as modified by the district regulations. Should there be a conflict between the underlying zoning and the district requirements, the more restrictive provisions shall apply.

(2)

Nothing in this division shall be construed to prevent or limit the application of the building code or other laws and ordinances of the Town of Altavista.

(3)

Exterior lighting shall be controlled so that no direct illumination will occur beyond any property line.

(4)

Minimum setback requirements. For all newly-constructed buildings:

(Ord. of 10-11-2011(3), § 2)

(a)

Building materials.

(1)

No portion of a building constructed to unadorned cinderblock or corrugated and/or sheet metal, with the exception of roofs shall be visible from any adjoining public right-of-way.

(2)

Buildings shall be designed to utilize to the greatest extent feasible such building materials which are compatible with the character of the district, such as stone, brick, stucco, and wood.

(b)

Request for alternative materials.

(1)

Additional finishes may be approved through a special use permit in accordance with section 86-7.

(Ord. of 10-11-2011(3), § 2; Ord. of 7-13-2021(2), § 1)

Any individual permitted use in the DRO shall not exceed 10,000 square feet in lot coverage. However, if an existing building exceeds 10,000 in gross floor area, all permitted uses contained in that building shall not exceed a floor area ratio (FAR) of 2.0.

(Ord. of 10-11-2011(3), § 2)

(a)

Any residential units (or apartments accessory to the business use) shall not occupy the front, ground floor (storefront) space of any building within the district.

(b)

No more than 49 percent of the ground floor area of a building within the district may be of residential use.

(Ord. of 10-11-2011(3), § 2)

The following uses are permitted by right or by special use permit in the DRO downtown revitalization overlay district, subject to all other applicable requirements contained in this chapter. A special use permit is required where indicated. Certain uses are subject to additional, modified or more stringent standards as indicated. This list of permitted uses for the DRO supersedes the list of permitted uses for the underlying zoning district.

(1)

Agricultural use types. (None)

(2)

Residential use types.

Accessory apartment—Subject to section 86-426

Home occupation—Subject to section 86-454

Upper-story residential unit—Subject to section 86-462

(3)

Civic use types.

Club—Subject to section 86-473, special use permit required

Cultural service

Food bank, food pantry or similar uses subject to section 86-482.1, special use permit required

Governmental service

Guidance service

Post office

Public assembly, special use permit required

Public parks and recreational areas, special use permit required

Religious assembly—Subject to section 86-479

Safety service

Utility service, minor, special use permit required

(4)

Office use types.

Financial institution, no guidelines listed in Code

General office

Medical office

(5)

Commercial use types.

Antique shop

Automobile dealership, used—Subject to section 86-503, special use permit required

Automobile repair service, minor, special use permit required

Assembly hall, special use permit required

Bed and breakfast—Subject to section 86-507, special use permit required

Brewpub

Business support service

Business/trade schools, special use permit required

Commercial indoor entertainment, special use permit required

Commercial indoor sports and recreation, special use permit required

Communications service, special use permit required

Consumer repair service

Convenience store

Dance hall, special use permit required

Day care center—Subject to section 86-510, special use permit required

Farmers market, special use permit required

Flea market, special use permit required

Funeral service, special use permit required

Hotel/motel/motor lodge, special use permit required

Indoor pet boarding facility—Subject to section 86-523, special use permit required

Microbrewery

Pawn shop, special use permit required

Payday loan establishment, special use permit required

Personal improvement service

Personal service

Restaurant, small

Restaurant, fast food or drive-thru—Subject to section 86-562, special use permit required

Restaurant, general

Restaurant, mobile—Subject to section 86-520

Retail sales

Short-term rental—Subject to section 86-522, special use permit required

Studio, fine arts

(6)

Industrial use types. (None)

(7)

Miscellaneous uses.

Amateur radio tower—Subject to section 86-542

Parking facility, surface

Parking facility, structure, special use permit required

(Ord. of 10-11-2011(3), § 2; Ord. of 7-14-15(2), § 1; Ord. of 5-9-2017(19), § 1; Ord. of 12-11-2018(4); Ord. of 8-10-2021(1), § 1; Ord. of 3-12-2024(5); Ord. of 5-14-2024(4))

Unless otherwise specified below, all signage within the district must comply with the regulations set forth in article V of this zoning ordinance.

(1)

Maximum size and number of signs.

a.

Four signs maximum per business per street or opened alley facing. Where buildings only face one street, but signs can be seen from passing traffic, wall signs (only) may be used on side walls, but all sign sizes and numbers apply as if they were placed at the building front. Number and size of all signs will be limited to a maximum of four regardless of where they are placed.

b.

Total area of all signs shall be limited to two square feet for each linear foot of lot frontage.

c.

No freestanding sign shall exceed 15 feet in height measured from the base of the sign or the grade of the nearest street, whichever is higher.

d.

No wall sign may exceed the height of the wall where it is located.

(2)

Signs for multiple businesses on a single zoning lot.

a.

Maximum size of signs per business.

1.

Total area of all signs shall be limited to two square feet for each linear foot of lot frontage regardless of the number of businesses.

2.

Request for additional signage. Additional signage may be approved through a special use permit in accordance with section 86-7.

(Ord. of 10-11-2011(3), § 2; Ord. of 4-13-2021(2), § 1)

(a)

All parking areas shall be suitably landscaped (in a manner conforming with the town's guidelines for landscaping and public spaces within the DRO and generally screened from public view by fences, walls, or screen planting.

(b)

Parking areas shall be located to the side or rear of buildings and not located between a building and the street.

(Ord. of 10-11-2011(3), § 2)

Plants, trees, fencing, walls, walkways, gazebos, and other accessory structures should be retained or designed to reflect the property's history, character and development. Underground utilities should be encouraged at all locations. Mechanical equipment shall be placed in inconspicuous locations, or shielded from the view of motorists traveling on a public street (alleys and parking lots excepted) within the district. Municipal utility appurtenances should be selected to harmonize with the character of the historic district or placed in inconspicuous locations.

(Ord. of 10-11-2011(3), § 2)

(a)

The owner of a building or structure within the district shall not raze or demolish such building or structure unless such owner has first complied with the provisions of this section.

(1)

The owner or applicant shall apply to the town planning commission for permission to raze or demolish a building or structure within the district and the planning commission shall render a decision within 30 days either granting the request or requiring the applicant to offer the property for sale pursuant to subparagraph (2) below.

(2)

Upon such a finding by the planning commission, the applicant shall for the period of time set forth in the time schedule set forth in subparagraph (4) below and at a price reasonably related to its fair market value as reflected in an appraisal by a licensed appraiser, make a bona fide offer to sell such building, or structure and the land pertaining thereto, to the town or to any person, firm, corporation, government or agency thereof, which gives reasonable assurance that it is willing to preserve and rehabilitate the building or structure and the land pertaining thereto.

(3)

Should no offer to purchase the property for such price by such purchaser be received with in the said period then the property may be demolished.

(4)

No offer to sell other than pursuant to subparagraph (2) above shall be made less than one year after an unfavorable decision by the planning commission, but thereafter the owner may renew his request to the town council to approve the razing or demolition of the building or structure.

(b)

The time schedule for offers to sell shall be as follows:

(1)

Three months when the offering price is less than $25,000.00.

(2)

Four months when the offering price is $25,000.00 or more but less than $40,000.00.

(3)

Five months when the offering price is $40,000.00 or more but less than $55,000.00.

(4)

Six months when the offering price is $55,000.00 or more but less than $75,000.00.

(5)

Seven months when the offering price is $75,000.00 or more but less than $90,000.00.

(6)

Twelve months when the offering price is $90,000.00 or more.

(Ord. of 10-11-2011(3), § 2)

In the event of significant damage being inflicted on a structure due to fire, flood, earthquake, or other calamity that leaves the structure safely standing but unusable, the owner may obtain a revised appraisal by a licensed appraiser to establish the fair market value. If the fair market value of the property is lowered due to the aforesaid calamity, the new value shall be applied to the timetable in subsection 86-431(b).

(Ord. of 10-11-2011(3), § 2)

(a)

Any person aggrieved by the decision of the planning commission relating to the demolition, razing, or moving of a building or structure in the district may request a review of the request by the town council. Such request shall be made by filing a request therefore in writing with the clerk of the town council within 30 days after the date of the decision of the planning commission. In so doing, the council shall give due consideration to the recommendation of the commission together with such other evidence as it deems necessary for a proper review of the application.

(b)

The town council shall set a date for a public appeal hearing and give public notice thereof as provided in subsection 86-782(b). Town council shall issue a written decision within 60 days of the date of the appeal hearing.

(c)

Any party may appear in person or be represented by an agent or by an attorney at the appeal before the town council.

(d)

The town council may, in conformity with the provisions of this division, and giving due consideration to the decision of the planning commission, reverse or affirm, wholly or in part, or may modify, any order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as it deems proper.

(Ord. of 10-11-2011(3), § 2)

(a)

Any person or persons jointly or severally aggrieved by any decision of the town council may appeal such decision to the Circuit Court of Campbell County for review by filing a petition for such review within 30 days after the date of a final decision is rendered by the town council. The filing of a petition shall stay the decision of the town council pending the outcome of the appeal to the circuit court.

(b)

The court may reverse or modify the decision of the town council, in whole or part, if it finds upon review that the decision of the governing body is contrary to law or that its decision is arbitrary and constitutes an abuse of discretion. It may affirm the decision of the town council.

(c)

For the purposes of this division, the term "person aggrieved" shall be limited to the applicant, the planning commission, the town council, or any person having an immediate financial and substantial interest in the subject matter at issue and not a remote or indirect interest. Such person, in order to be "aggrieved", must exhibit a substantial grievance and show a denial of some personal or property right, legal or equitable, or imposition of a burden or obligation upon himself or herself different from that suffered by the public generally.

(Ord. of 10-11-2011(3), § 2)