Table 24-235 contains the list of uses permitted and special uses for each zoning district and shall be considered a part of this chapter. Uses permitted are noted with the letter "P" in each district's column for each permitted use's row. Special uses are noted with the letter "S" in each district's column for each special use's row. The intersection of a district column and use class row with neither a "P" nor "S" indicates a use that is not allowed in that district. The procedures for zoning certificate approval for permitted uses and special uses are outlined in section 24-38.

(Zoning Ord. 2003, § 18.1-701)

(a)

Intent. The A-1 Agricultural District is designed to accommodate farming, forestry, and limited residential use. While it is recognized that certain desirable rural areas may logically be expected to develop residentially, it is the intent, however, to discourage the random scattering of residential, commercial or industrial uses in this district.

(b)

Permitted uses. Within this district, uses permitted are designated by a "P" in the column for this district in the row for the specific use described in Table 24-235.

(c)

Special uses. Within this district, special uses (which may be permitted under the process described herein) are designated by an "S" in the column for this district in the row for the specific use described in Table 24-235.

(Zoning Ord. 2003, § 18.1-702)

(a)

Intent of R-1 Limited Residential District. This district is composed of certain quiet, low-density residential areas plus certain open areas where similar residential development appears likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for family life where there are children, and to prohibit activities of a commercial nature. To these ends, development is limited to relatively low concentration and permitted uses are limited basically to single unit dwellings providing homes for the residents plus certain additional uses that serve the residents of the district.

(b)

Permitted uses. Within this district, uses permitted are designated by a "P" in the column for this district in the row for the specific use described in Table 24-235.

(c)

Special uses. Within this district, special uses (which may be permitted under the process described herein) are designated by an "S" in the column for this district in the row for the specific use described in Table 24-235.

(Zoning Ord. 2003, § 18.1-703)

(a)

Intent of R-2 General Residential District. This district is composed of certain quiet, medium density residential areas plus certain open areas where similar residential development appears likely to occur and where public water and/or sewer service is available. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for family life and to prohibit most activities of a commercial nature. To these ends, development is limited to concentrations of medium density single- and two-family dwellings.

(b)

Permitted uses. Within this district, uses permitted are designated by a "P" in the column for this district in the row for the specific use described in Table 24-235.

(c)

Special uses. Within this district, special uses (which may be permitted under the process described herein) are designated by an "S" in the column for this district in the row for the specific use described in Table 24-235.

(Zoning Ord. 2003, § 18.1-704)

(a)

Intent of T-1 Transitional Use Zone District. This district covers that part of the town intended for the installation of uses that will allow for the creation of small local businesses that will expand the town's employment base and improve the town's general economic situation while providing protection to existing residential areas. Uses allowed are characterized as being those which a resident would not mind having adjacent to his dwelling and have no more traffic than that normal for a residential area. Allowed uses may involve intermittent heavy trucking for the delivery of retail or wholesale goods, or by very limited nuisance factors such as smoke, odor, fumes, noise, light, traffic, including incidental light and noise due to the congregation of people and vehicles. It is envisioned that this district will specify certain areas of the town that have been residential but will be converted to commercial use over time.

(b)

Permitted uses. Within this district, uses permitted are designated by a "P" in the column for this district in the row for the specific use described in Table 24-235.

(c)

Special uses. Within this district, special uses (which may be permitted under the process described herein) are designated by an "S" in the column for this district in the row for the specific use described in Table 24-235.

(Zoning Ord. 2003, §§ 18.1-704.1, 18.1-704.1.02)

(a)

Intent of R-3 High-Density Residential District. This district is composed of high density residential areas plus certain open areas where similar development appears likely to occur and where public water and/or sewer service is available or likely to be extended. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, promote and encourage a suitable environment for family life, allow orderly arrangement of multifamily structures and certain congregational organizations, and services. It prohibits most activities of a commercial nature not related to residential dwellings. To these ends, development is limited to concentration of high density single-, two-family and multiple-family dwellings.

(b)

Permitted uses. Within this district, uses permitted are designated by a "P" in the column for this district in the row for the specific use described in Table 24-235.

(c)

Special uses. Within this district, special uses (which may be permitted under the process described herein) are designated by an "S" in the column for this district in the row for the specific use described in Table 24-235.

(Zoning Ord. 2003, § 18.1-705)

(a)

Intent of R-4 Manufactured Home District. This district is composed of high density residential areas plus certain open areas where similar development appears likely to occur and where public water and/or sewer service is available or likely to be extended. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, promote and encourage a suitable environment for family life, allow orderly arrangement of residential structures, certain congregational organizations, manufactured home parks and services. It prohibits most activities of a commercial nature not related to residential dwellings. To these ends, development is limited to concentration of high density single- and two-family as well as manufactured home parks.

(b)

Permitted uses. Within this district, uses permitted are designated by a "P" in the column for this district in the row for the specific use described in Table 24-235.

(c)

Special uses. Within this district, special uses (which may be permitted under the process described herein) are designated by an "S" in the column for this district in the row for the specific use described in Table 24-235.

(Zoning Ord. 2003, § 18.1-705.1)

(a)

Intent of B-1 Light Commercial District. The primary purpose of this district is to establish and protect a limited business district that will serve the surrounding residential districts. Traffic and parking congestion is to be held to a minimum to protect and preserve property values in the surrounding residential districts and, insofar as possible, all neighborhood business development shall be placed in a light commercial district.

(b)

Permitted uses. Within this district, uses permitted are designated by a "P" in the column for this district in the row for the specific use described in Table 24-235.

(c)

Special uses. Within this district, special uses (which may be permitted under the process described herein) are designated by an "S" in the column for this district in the row for the specific use described in Table 24-235.

(Zoning Ord. 2003, § 18.1-706)

(a)

Intent of CBD Central Business District. This district covers the portion of the town located in downtown Amherst which has traditionally been used as the center for commercial activities. Lots on the blocks generally contain buildings which have no side yards because they are attached to other buildings and these buildings frequently have no setbacks. Uses in the district include retail sales, services, banks, restaurants, and other similar businesses to which the public requires direct and frequent access, but which is not characterized either by constant heavy trucking other than stocking and delivery of retail goods, or by limited nuisance factors including incidental light and noise of congregation of people and passenger vehicles. The intent of the district is to maintain the commercial use of the downtown area and to encourage adaptive use and reuse of existing commercial structures.

(b)

Permitted uses. Within this district, uses permitted are designated by a "P" in the column for this district in the row for the specific use described in Table 24-235.

(c)

Special uses. Within this district, special uses (which may be permitted under the process described herein) are designated by an "S" in the column for this district in the row for the specific use described in Table 24-235.

(Zoning Ord. 2003, § 18.1-706.1)

(a)

Intent of B-2 General Commercial District. This district covers those areas of the town intended for the conduct of general business to which the public requires direct and frequent access, but which is not characterized either by constant heavy trucking other than stocking and delivery of retail goods, or by limited nuisance factors including incidental light and noise of congregation of people and passenger vehicles.

(b)

Permitted uses. Within this district, uses permitted are designated by a "P" in the column for this district in the row for the specific use described in Table 24-235.

(c)

Special uses. Within this district, special uses (which may be permitted under the process described herein) are designated by an "S" in the column for this district in the row for the specific use described in Table 24-235.

(Zoning Ord. 2003, § 18.1-707)

(a)

Intent of M-1 Industrial District. This district is designed to encourage the development of manufacturing and wholesale business establishments which do not produce high levels of smoke, smell, noise, light, dust and other nuisances; operate primarily within enclosed structures and do not deal with large volumes of customers on a continuous basis throughout the day.

(b)

Permitted uses. Within this district, uses permitted are designated by a "P" in the column for this district in the row for the specific use described in Table 24-235.

(c)

Special uses. Within this district, special uses (which may be permitted under the process described herein) are designated by an "S" in the column for this district in the row for the specific use described in Table 24-235.

(d)

Screening and landscaping. An industrial use shall be permanently screened from adjoining residential district by a wall, fence, evergreen hedge and/or other suitable enclosure of minimum height of seven feet at the original elevation of the property line.

(Zoning Ord. 2003, § 18.1-708)

Table 24-235. Table of Uses

(Zoning Ord. 2003, table 7.1; Ord. of 4-12-2023 (1); Ord. No. 240612, 6-12-2024)

The E-1 Business Park District covers that part of the town intended for the installation of uses that will improve and expand the town's employment base and improve the town's general economic situation. Uses allowed are characterized as being those which the public does not require direct and frequent access, but may see constant heavy trucking involving raw or finished materials, stocking and delivery of retail or wholesale goods, or by very limited nuisance factors such as smoke, odor, fumes, noise, light, traffic, including incidental light and noise due to the congregation of people and vehicles.

(Zoning Ord. 2003, § 18.1-707.1.01)

(a)

Within the E-1 Business Park District:

(1)

Class I uses shall be permitted throughout the district provided all other restrictions contained in this chapter are met.

(2)

Class II uses shall be permitted throughout the district provided all other restrictions contained in the zoning and subdivision ordinance are met and no building containing a Class II use is located within 1,000 feet of a major road. For the purpose of this chapter, major road shall include U.S. Route 60, U.S. Route 29 Business or U.S. Route 29 Bypass.

(3)

Class III uses are specifically prohibited.

(b)

Class I uses.

(1)

Accessory uses as provided in section 24-472.

(2)

Automotive repair garage, mechanical and body, provided all operations are conducted in a building which shall not have any opening other than a stationary window within 100 feet of a residential district and which shall not store or otherwise maintain any parts or waste material outside such building.

(3)

Bakeries.

(4)

Banks and savings and loan institutions.

(5)

Building materials dealer, not including handling of bulk materials such as sand and gravel located outside a building.

(6)

Cabinet making shops.

(7)

Catering establishments.

(8)

Churches.

(9)

Clinics and medical offices.

(10)

Cold storage plants and frozen food lockers not including lard rendering and abattoirs.

(11)

Contractor facilities for the fabrication, installation and servicing of the following: air conditioning, electrical service, telephone and wireless communication systems, flooring, heating, interior decorating, painting, plumbing, roofing, tiling, or ventilating with all material and equipment stored entirely in buildings enclosed on all sides. Accessory storage yards for contractor facilities shall be allowed provided that they are adequately screened from public view.

(12)

Childcare centers.

(13)

Craft brewery.

(14)

Craft distillery.

(15)

Feed and seed stores.

(16)

Frozen food processors.

(17)

Garages, private and public.

(18)

Government buildings used exclusively by the county, municipal, state or federal government for public service, including libraries.

(19)

Hospitals, nursing homes and retirement centers.

(20)

Laboratories, pharmaceutical or medical.

(21)

Machinery sales and services conducted within a building.

(22)

Manufacturing, processing or fabricating, distributing, or packaging of products (including machine shops without punch presses), provided all operations are conducted in a building; parts or waste material shall not be stored or otherwise maintained outside any such building; and operations shall not create smoke, fumes, noise, odor or dust detrimental to health, safety or general welfare of the community.

(23)

Motels, motor hotels and motor inns.

(24)

Pest exterminating businesses.

(25)

Post offices.

(26)

Printing plants and newspaper offices.

(27)

Professional office buildings.

(28)

Public utilities; poles, lines, transformers, pipes, meters, and/or other facilities necessary for the provision and maintenance of public utilities; provided that electric service lines within 1,500 feet from a primary road shall be underground and that provided that only one line of utility poles shall be allowed on any street.

(29)

Radio and TV offices and studios.

(30)

Restaurants.

(31)

Sign manufacturing.

(32)

Signs as permitted herein.

(33)

Wineries, vineyards and microbreweries.

(c)

Class II uses.

(1)

Any manufacturing or industrial use which is not specifically prohibited by this section or prohibited under any performance specification contained in the zoning and subdivision ordinance or deed restrictions. Allowable light industrial uses meeting all applicable performance standards shall include, but not be limited to, the manufacturing of:

a.

Adhesive products.

b.

Air conditioning, refrigerated equipment.

c.

Apparel and accessories, hosiery and lingerie.

d.

Automatic temperature controls.

e.

Automobile and truck parts.

f.

Bakery goods.

g.

Batteries.

h.

Blankbooks, looseleaf binders and devices.

i.

Boxes.

j.

Brooms and brushes.

k.

Business machines, typewriters, adding machines, calculators, card punching or counting equipment.

l.

Cameras and photographic equipment.

m.

Cameras and other photographic equipment.

n.

Candy.

o.

Canvas products.

p.

Ceramic products.

q.

Chemical apparatus.

r.

Communication equipment.

s.

Computers.

t.

Confections.

u.

Cosmetics and toiletries.

v.

Costume jewelry, costume novelties, buttons and miscellaneous notions (except precious metals).

w.

Curtains and draperies.

x.

Cutlery, hand tools and general hardware.

y.

Dental equipment and supplies.

z.

Drugs.

aa.

Electrical appliances, components and instruments.

bb.

Electrical equipment

cc.

Electrical lighting and wiring equipment.

dd.

Electrical transmission and distribution equipment.

ee.

Electronic components and instruments.

ff.

Engineering, laboratory and scientific and research instruments, equipment.

gg.

Envelopes.

hh.

Extracts, food and flavor.

ii.

Fences.

jj.

Food products other than fish, sauerkraut, vinegar, or yeast, or the refining or rendering of fats or oils.

kk.

Furniture and fixtures.

ll.

Glass products.

mm.

Greeting cards.

nn.

Hardware and tools.

oo.

Hats, caps and millinery.

pp.

Ice cream.

qq.

Ice, natural and dry.

rr.

Ink products.

ss.

Instruments, professional, scientific and controlling.

tt.

Insulating materials.

uu.

Jewelry, silverware and flatware.

vv.

Laboratory apparatus.

ww.

Lace goods.

xx.

Leather products (manufacturing, not to include tanning).

yy.

Luggage (manufacturing, not to include tanning).

zz.

Machine tools, light.

aaa.

Machinery and machines, household and office.

bbb.

Medical instruments and equipment.

ccc.

Metal products and machinery, medium and light.

ddd.

Modular and mobile homes.

eee.

Motorcycles.

fff.

Musical instruments and parts.

ggg.

Novelty products.

hhh.

Office, computing and accounting machines.

iii.

Ophthalmic goods.

jjj.

Optical instruments and lenses.

kkk.

Orthopedic, medical, prosthetic and surgical supplies.

lll.

Perfumes.

mmm.

Pharmaceuticals.

nnn.

Photographic equipment and supplies.

ooo.

Photography film.

ppp.

Polish.

qqq.

Porcelain enamel products.

rrr.

Pottery and chinaware.

sss.

Professional, scientific and controlling instruments; photographic and optical goods, watches and clocks, clockwork operated devices and parts.

ttt.

Radio and television sets.

uuu.

Rope, fibrous.

vvv.

Rugs.

www.

Shoes.

xxx.

Signs and advertising displays.

yyy.

Silverware and plated ware.

zzz.

Silverware, plates and sterling.

a1.

Spices.

b1.

Sporting and athletic goods.

c1.

Starch.

d1.

Textile mills products.

e1.

Tobacco products.

f1.

Toiletries.

g1.

Toys and games.

h1.

Twine, fibrous.

i1.

Umbrellas, parasols and canes.

j1.

Wax and wax products.

k1.

Wearing apparel.

l1.

Window blinds, shades and awnings.

m1.

Wire.

n1.

Wood products.

(2)

Blueprinting and photostating establishments.

(3)

Bookbinding.

(4)

Books, publishing and printing.

(5)

Bottling and beverage works.

(6)

Bus and other transit stations.

(7)

Carpentry and cabinet making shops.

(8)

Catering establishments.

(9)

Coffee and peanut roasting.

(10)

Commercial greenhouses.

(11)

Communications systems service and wholesale.

(12)

Computer centers.

(13)

Contractor and construction shops and yards.

(14)

Contractor facilities and storage yards and establishments for installation and servicing products with outside storage.

(15)

Dairies and/or pasteurizing plants.

(16)

Data processing service.

(17)

Dental laboratory services.

(18)

Depositories for the storage of office records, microfilm or computer tapes.

(19)

Die casting.

(20)

Distribution center.

(21)

Dyeing establishments.

(22)

Electrical equipment fabrication.

(23)

Electrical testing laboratories.

(24)

Electronic components and instruments fabrication.

(25)

Electroplating.

(26)

Emergency services.

(27)

Feed and seed stores.

(28)

Food wholesale.

(29)

Frozen food lockers and ice manufacturing.

(30)

Frozen food processors.

(31)

Laboratories, research and testing.

(32)

Laboratories, pharmaceutical or medical.

(33)

Latex (fabrication, not including paint).

(34)

Laundry plants.

(35)

Linen supply establishments.

(36)

Lithographing.

(37)

Machine shops.

(38)

Manufacturing, processing, fabricating, assembling, distributing or packaging of products, including, but not limited to, business equipment, die-cut paperboard and cardboard; glass products made of purchased glass; electrical lighting and wiring equipment; dairy products; baked and confectioners' goods; fruit and vegetable processing, canning and storage; electronic components; professional, scientific, engineering; laboratory, or research instruments; electronic computing instruments; iron and steel, musical instruments; toys; rubber and metal stamps; photographic equipment; drugs; fire extinguisher; sporting and athletic goods, lithographic and printing processes; radio and television receiving sets; appliances; watches; clocks; and optical goods.

(39)

Metal finishing.

(40)

Metal products and machinery, medium and light fabrication.

(41)

Milk and dairy products (processing and distribution).

(42)

Monument works and statuary (production).

(43)

Motor freight terminals.

(44)

Motorcycle fabrication.

(45)

Moving and storage establishments.

(46)

Newspapers, publishing and printing.

(47)

Office, general, directly related to industrial activities.

(48)

Off-street parking garages and lots incidental to industrial activities.

(49)

Oil and gas exploration, extraction and production, provided that there is compliance with all applicable laws and rules.

(50)

Packaging and paper products manufacturing from previously prepared materials.

(51)

Photoengraving.

(52)

Photography film processing.

(53)

Plastics (fabrication).

(54)

Porcelain enamel products fabrication.

(55)

Printing and publishing.

(56)

Printing establishments.

(57)

Public utilities; poles, lines, transformers, pipes, meters and related or similar facilities; public water and sewer filtration lines, treatment facilities, and pumping facilities, electrical power transmission lines and substations; oil and gas transmission pipelines and pumping station microwave transmission and relay towers and substations; unmanned telephone exchange centers and similar such facilities.

(58)

Radio and television studios and stations, provided that studios produce no exterior electromagnetic effect and are soundproofed from adjoining properties.

(59)

Research, development and testing laboratories.

(60)

Retail/wholesale display rooms for sales at industrial establishments of products manufactured on site and other products of the corporation provided the display does not exceed 15 percent of the total floor area.

(61)

Rubber fabrication.

(62)

Sale of products produced on the premises.

(63)

Sign manufacturing.

(64)

Signs as provided in article IX of this chapter.

(65)

Silverware, plate and sterling fabrication.

(66)

Soft drink and bottling plants.

(67)

Spice processing.

(68)

Static transformer stations, transmission lines, gas and water mains, conduits for the transmission of electric energy including telephone, telegraph, and noncommercial radio and television poles and appurtenances thereto.

(69)

Wireless communication facilities, including radio and TV transmitters and transmission towers, subject to article XI of this chapter.

(70)

Telephone exchanges.

(71)

Textile mills products fabrication.

(72)

Tool, die or pattern making shops.

(73)

Transportation terminals and facilities.

(74)

Truck painting and body repair shops.

(75)

Warehousing and storage, except sandyards, gravel yards, coal yards, railroad yards, automobile wrecking yards, junkyards, or the storage of combustibles prohibited by the fire code.

(76)

Warehousing operations.

(77)

Welding and blacksmith shops.

(78)

Welding, blacksmith, or machine shops, excluding punch presses.

(79)

Wholesale and jobbing establishments.

(80)

Wholesale display rooms within industrial establishments.

(81)

Wholesale establishments with a building area of 5,000 square feet or more. A portion of the establishment may be used for retail display area, provided the retail sales:

a.

Do not exceed 15 percent of the total building area; and

b.

Are not used for second hand (consignment) merchandise or auction centers and do not require outdoor storage such as lumber yards, wholesale warehouses for the sale of motor vehicles, farm, or heavy construction equipment.

(82)

Wool processing.

(83)

Yards for storage and/or sale of coal, lumber, building materials, or contracting equipment.

(84)

Other uses determined by the town council to be of similar character to and compatible with the above uses.

(d)

Class III uses.

(1)

Residential uses such as single-family dwellings, manufactured homes and manufactured home parks, duplexes, multifamily and apartment dwellings, and townhouses.

(2)

Abattoir or slaughterhouse, except for poultry which is incidental to a commercial use permitted by this chapter.

(3)

Acetylene gas manufacture on a commercial scale.

(4)

Acid manufacture, such as sulphurous, sulphuric, nitric, picric, hydrochloric or other corrosive or offensive acid manufacture, or their use or storage, except on a limited scale as accessory to a permitted industry.

(5)

Armories.

(6)

Asphalt roofing, tar roofing or waterproofing manufacture.

(7)

Automobile and truck rental.

(8)

Bleaching powder, ammonia or chlorine manufacture.

(9)

Celluloid or pyroxylene manufacture or processing; the manufacture of explosive or highly inflammable cellulose products.

(10)

Coal tar manufacture or tar distillation.

(11)

Cork products manufacturing outside an enclosed structure.

(12)

Creosote manufacture or creosote treatment.

(13)

Distillation of bones.

(14)

Fat rendering.

(15)

Fertilizer manufacture or the compounding of fertilizers on a commercial scale.

(16)

Fireworks or explosives manufacture, nitrating process, the loading of explosives or their storage in bulk.

(17)

Fish smoking or curing or processes involving recovery from fish or animal offal.

(18)

Fuel storage yards.

(19)

Gas manufacture, or gas storage in quantity exceeding 500,000 cubic feet within 100 feet of any lot line; or in quantity exceeding 200 cubic feet if the pressure is greater than 100 pounds per square inch.

(20)

Glue or size manufacture.

(21)

Horn processing.

(22)

Lime, gypsum, plaster or plaster of paris manufacture.

(23)

Lumberyards and sawmills.

(24)

Match manufacturing.

(25)

Motor freight terminals, except when in direct support of a permitted manufacturer or distributor.

(26)

Petroleum manufacturing.

(27)

Potash manufacture.

(28)

Retail uses, unless specifically listed under Class I uses.

(29)

Rope, fibrous manufacturing outside an enclosed structure.

(30)

Rubber products manufacturing.

(31)

Solid waste management facilities.

(32)

Soda, soda ash, caustic soda manufacture.

(33)

Starch, glucose and dextrine manufacture.

(34)

Turpentine, varnish or shellac manufacture.

(35)

Any other use or purpose which produces or may produce smoke, fumes, noise, odors, dust or particulates that could travel onto, over, or across any property line and which would be detrimental to the health, safety and general welfare of the community and tenants of adjoining or adjacent property.

(Zoning Ord. 2003, § 18.1-707.1.02)