- DISTRICT REGULATIONS
1.1.
Purposes of the District. The purpose of this District is to permanently preserve areas of special environmental quality, recreation potential, natural beauty, historical or ecological importance, and areas needing special protection from erosion and pollution, and to further opportunities for a wide spectrum of living styles in the town, including the opportunity for privacy, natural environment and beauty, low density surroundings and recreational assets.
1.2.
Permitted Uses. A building or land shall be used only for the following purposes:
1.
Detached single-family dwellings, including cottages, cabins and second hand homes, and detached relocatable industrialized building units but not mobile homes or manufactured homes.
2.
Facilities and structures necessary for rendering public utility service, including poles, wires, transformers, telephone booths and the like for normal electrical power distribution or communication service, and pipelines or conduits for electrical, gas, sewer, or water service, but not including buildings, treatment plants, pumping or regulator stations, sub-stations and power transmission lines which are permitted as special uses.
3.
Military bases and appurtenances and parks operated by the United States Government or agencies of the Commonwealth of Virginia.
4.
Public and private forests, wildlife reservations, similar conservation projects.
5.
Recreational uses or facilities, commercially operated or for a private membership, archery range, hunting club, camping areas, picnic grounds, riding stable, or similar activities, and assessory facilities.
1.3.
Permitted Accessory Uses. Accessory uses and buildings incidental to and customarily found in connection with a permitted use of the premises, including but not limited to:
1.
Guest houses.
2.
Home occupations in a main building.
3.
Swimming pools and game courts, lighted or unlighted, for use of occupants or their guests.
4.
Signs as regulated in Section 1.4 hereunder.
5.
Accessory off-street parking and loading spaces.
1.4.
Permitted Signs. Subject to the general sign regulations of Article 6 and consisting of accessory non-illuminated or indirectly illuminated signs as follows:
1.
A name plate or directional sign, limited in area to two (2) square feet, to identify the owner or occupant of a dwelling or building or a permitted home occupation.
2.
No trespassing or no hunting signs, without limitations on number or placement, limited in area to two (2) square feet.
3.
A temporary, non-illuminated sign, limited in area to twenty (20) square feet, advertising real estate for sale or lease or announcing contemplated improvements of real estate on which it is placed.
4.
Temporary signs from two hundred (200) square feet to thirty-two (32) square feet.
1.5.
Uses Permitted by Special Use Permit. The following uses may be permitted by special use permit if approved by the Town Council in accordance with the procedures, guides and standards of Articles 6 and 9:
1.
Public or governmental buildings and uses, including parks, parkways and playgrounds except those which have been approved as a part of a subdivision plan.
2.
Public utilities or public service uses, buildings, generating, purification or treatment plants, pumping or regulator stations, sub-stations, and transmission lines.
3.
Bed and breakfast. See Article 6, section 7.
1.6.
Uses Permitted as Special Exceptions. The following uses may be permitted as special exceptions if approved by the Board of Zoning Appeals in accordance with the procedures, guides and standards of Article 7:
1.
Temporary and special use permits for a period of two (2) years or less for the following uses:
(a)
Rifle or pistol ranges, trap, or skeet shooting.
(b)
Sawmill for cutting timber grown on the premises.
(c)
Private clubs not otherwise listed as a permitted use.
1.7.
Lot Size Requirements.
*Lot area of less than 5 acres is permitted for single-family dwellings only in approved and recorded subdivisions of 5 or more lots where appropriate measures have been taken to insure maintenance of open space and permanent maximum overall density of not more than 1 dwelling unit per 5 acres.
Lot width is measured at the building line.
No minimum street frontage is required.
1.8.
Yard Requirements.
2.
Other structures same or as required in district regulations.
1.9.
Height Requirements.
1.10.
Off-Street Parking and Loading Requirements. Off-street parking and loading requirements are contained in Article 6.
(Ord. of 1-23-91; Ord. No. 10-1998, § 1, 4-14-98; Ord. No. 01-2012, 4-12-12)
2.1.
Purpose of the District. The purpose of this district is to provide for more spacious single-family residential areas and for areas not yet urban where agricultural uses are appropriate, although more intensive agricultural uses are permitted only by special use permit. The district may also include hillside areas and forests where development will be slow and sparse. In order to increase the supply of housing and to recognize the changes in demography of a neighborhood while continuing to maintain the character of the district, accessory dwelling units are permitted by special exception approved by the Board of Zoning Appeals and subject to conditions as set forth herein. In addition certain governmental, educational, religious, recreational and utility uses are permitted subject to such restrictions and requirements as will insure compatibility with residential surroundings. It may be anticipated that portions of this district will be changed to other districts as development progresses and utilities become available.
An alternative to the basic area and dimensional regulations of this district may be employed to permit cluster development with the objective of improved use of the land and more economical provision of streets and utilities.
2.2.
Permitted Uses. A building or land shall be used only for the following purposes:
1.
Detached single-family dwellings, including detached relocatable industrialized building units but not mobile homes or manufactured homes.
2.
General agriculture, farming and forestry, including tilling the soil, raising of crops, truck gardens, field crops, orchards or nurseries for growing or propation and harvesting of plants, turf, trees and shrubs and in general uses commonly classified as general agriculture, including temporary open air stands not exceeding two hundred (200) square feet in area for seasonal sales of products raised on the premises, but not including the raising of large animals, such as pigs, cows, horses, sheep, or goats, on a farm of less than ten (10) acres, and not including the raising for sale of birds, bees, fish, rabbits, or other small animals on a lot of less than two (2) acres or to such extent as to be objectionable to surrounding residences by reason of odor, dust, noise, or other factors, and provided no retail or wholesale business office or store is permanently maintained on the premises, and not including those more intensive agricultural and confinement uses which are herein defined as special agriculture and which require a special use permit, and not including commercial slaughtering or processing of animals or poultry.
3.
Churches and Sunday Schools, rectories, parish houses, convents and monasteries, temples, and synagogues.
4.
Facilities and structures necessary for rendering public utility service, including poles, wires, transformers, telephone booths and the like for electrical power distribution or communication service, and underground pipelines or conduits for electrical, gas, sewer, or water service. Public utility buildings, treatment plants, water storage tanks, pumping or regulator stations, storage yards, substations and major transmission lines are permitted by special use permits.
5.
Stable, private, or keeping of horses, ponies or other livestock for personal enjoyment and not as a business, provided that any building for keeping of animals shall be located at least 100 feet from any side or rear lot line and provided that no more than one such animal shall be kept for each acre of land on the premises.
6.
Yard sale or garage sale for disposal of used household items, provided such sales are not held more frequently than once a year on the same lot, are not conducted for more than three (3) days, and include items assembled only from households in the immediate neighborhood, and further provided that a permit has been obtained and prescribed fee paid.
2.3.
Permitted Accessory Uses. Accessory buildings and uses, incidental to and customarily found in connection with a permitted use of the premises, including but not limited to accessory private garages, farm buildings and structures, servants or caretakers quarters, guest houses, swimming pools, home occupations, accessory off-street parking and loading spaces, and accessory signs as herein regulated.
2.4.
Permitted Signs. Subject to the general sign regulations of Article 6 and consisting of accessory non-illuminated or indirectly illuminated signs as follows:
1.
Any sign permitted in the R-C Residential and Historic Conservation District.
2.
A sign, limited in area to twenty (20) square feet, for identification of a farm or estate or a subdivision or its occupants, for advertisement of farm products raised on the premises, for a church bulletin board or identification of permitted public and semi-public uses, recreational uses, or clubs.
3.
A temporary sign limited in area to thirty-two (32) square feet erected in connection with new construction work and displayed on the premises only during such time as the actual construction work is in progress.
2.5.
Uses Permitted by Special Use Permit. The following uses may be permitted by special use permit if approved by the Town Council in accordance with the procedures, guides and standards of Article 6 and 9:
1.
Special agriculture use, consisting of those intensive agricultural operations commonly known as confinement operations where large numbers of animals or fowl are confined to a relatively small space and therefore tend to produce odor, flies, rats and noise, including such operations as hog, veal and poultry pens or houses, feedlots for beef animals, hogs, sheep and other animals, and dairy farming operations.
2.
Cemeteries, including a crematorium.
3.
Convalescent homes, nursing homes or homes for the aged.
4.
Dog kennel, commercial or non-commercial, or any place where more than five (5) adult dogs are kept.
5.
Family care homes, foster homes or group homes serving mentally retarded or other developmentally disabled persons as conditional uses.
6.
Hospital or clinic for humans.
7.
Nursery schools, kindergartens, child care centers, day nursery, or day care centers.
8.
Private schools, colleges, or universities.
9.
Public or governmental buildings and uses, including schools, fire stations (volunteer or otherwise), parks, parkways and playgrounds, except those which have been approved as a part of the subdivision plan.
10.
Radio or television transmission or receiving tower more than fifty (50) feet in height.
11.
Recreational uses or facilities for a private membership, such as clubs and lodges, golf courses, game courts, swimming pools, archery range, fishing or boating lakes, picnic grounds, or similar activities, and accessory facilities, including sale of food, beverages, bait incidentals, supplies and equipment.
2.6.
Uses Permitted As Special Exceptions. The following uses may be permitted as special exceptions if approved by the Board of Zoning Appeals in accordance with the procedures, guides and standards of Article 7:
1.
Any uses permitted as special exceptions in the R-C Residential and Historical Conservation District and subject to the same conditions.
2.7.
Lot Size Requirements.
2.8.
Yard Requirements.
If street is less than fifty (50) feet in width front yard shall be at least sixty (60) feet measured from centerline.
The Administrator may make special provision for yard spaces on a steep slope as specified in Article 6.
2.
Other structures same or as required in district regulations.
2.9.
Height Requirements.
2.10.
Off-Street Parking and Loading Requirements. Off-street parking and loading requirements are contained in Article 6.
(Ord. of 1-23-91)
3.1.
Purpose of the District. The purpose of this district is to provide for low-density single-family residential development on large lots where water and sewer facilities generally are provided, together with such churches, recreational facilities, and accessory uses as may be necessary or are normally compatible with residential surroundings. Agricultural and open uses are permitted, but in general the district is located where urbanization and full utilities and public services exist or are planned for the reasonably near future.
3.2.
Permitted Uses.
1.
Detached single-family dwellings, including detached relocatable industrialized buildings but not mobile homes or manufactured homes.
2.
Churches, rectories, parish houses, convents and monasteries, temples, and synagogues, provided that churches, temples, or synagogues erected after the date of passage of this Ordinance shall have their principal means of access from a major street.
3.
Facilities and structures necessary for rendering public utility service, including poles, wires, transformers, telephone booths, and the like for normal electrical power distribution for communication service, and pipelines or conduits for electrical, gas, sewer, or water service, but not including buildings, treatment plants, pumping or regulator stations, substations and power transmission lines which are permitted as special uses.
3.3.
Permitted Accessory Uses. Accessory uses and buildings incidental to and customarily found in connection with a permitted use of the premises, including but not limited to:
1.
Guest houses.
2.
Home occupations in a main building but not including automobile repair.
3.
Private garages.
4.
Radio or television transmission or receiving tower not more than fifty (50) feet in height.
5.
Swimming pools and game courts, lighted or unlighted, for use of occupants or their guests.
6.
Signs as regulated in Section 3.4 hereunder.
7.
Temporary buildings, the uses of which are incidental to construction operations during development being conducted on the same or adjoining tract or subdivision and which shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of two (2) years of the time of erection of such temporary buildings, whichever is sooner.
8.
Accessory off-street parking and loading spaces.
3.4.
Permitted Signs. Any sign permitted in RR Rural Residential District.
3.5.
Uses Permitted by Special Use Permit. The following uses may be permitted by special use permit if approved by the Town Council in accordance with the procedures, guides and standards of Articles 6 and 9:
1.
Cemetery, including a crematorium.
2.
Hospitals and sanitariums, but not animal hospitals.
3.
Institutions, educational or philanthropic, including museums, art galleries and libraries.
4.
Public or governmental buildings and uses, including schools, fire stations (volunteer or otherwise), parks, parkways, and playgrounds.
5.
Public utilities or public service uses, buildings, generating or treatment plants, pumping or regulator stations, sub-stations, and transmission lines.
6.
Recreation facility, privately or commercially operated, such as golf courses, swimming or tennis clubs, fishing or boating lakes, picnic grounds, or similar activities, and accessory facilities, including sale of food, beverages, bait, supplies and equipment.
7.
Other special uses as follows:
(a)
A private garage for more than four (4) automobiles and floor area of more than nine hundred (900) square feet.
(b)
Convalescent homes, nursing homes, or homes for the aged.
(c)
Day nurseries or child care centers.
(d)
Private clubs not otherwise listed as permitted uses.
(e)
Radio or television transmission or receiving station or tower more than fifty (50) feet in height, provided construction and safety features are approved by the Administrator in accord with applicable regulations and provided no hazard is created in an Airport Approach Zone.
8.
Bed and breakfast. See Article 6, section 7.
3.6.
Uses Permitted As Special Exceptions. The following uses may be permitted as special exceptions if approved by the Board of Zoning Appeals in accordance with the procedures, guides and standards of Article 7:
1.
Temporary and special use permits for a period of two (2) years or less for the following uses:
(a)
Non-accessory tents for special purposes.
3.7.
Lot Size Requirements.
3.8.
Yard Requirements.
2.
Other structures same or as required in district regulations.
3.9.
Height Requirements.
3.10.
Off-Street Parking and Loading Requirements. Off-street parking and loading requirements are contained in Article 6.
(Ord. of 1-23-91; Ord. No. 10-1998, § 1, 4-14-98; Ord. No. 01-2012, 4-12-12)
4.1.
Purpose of the District. The purpose of this district is to provide for low-medium density single-family residential development on smaller lots where water and sewer facilities generally are provided, together with such churches, recreational facilities, and accessory uses as may be necessary or are normally compatible with residential surroundings. Agricultural and open uses are permitted, but in general the district is located where urbanization and full utilities and public services exist or are planned for the reasonably near future.
4.2.
Permitted Uses. A building or land shall be used only for the following purposes:
1.
Any use permitted in the R-1 Single-Family Residential District.
2.
Two-Family Dwelling.
4.3.
Permitted accessory Uses. Accessory uses and buildings incidental to and customarily found in connection with a permitted use of the premises, including but not limited to:
1.
Any accessory use permitted in the R-1 Single-Family Residential District.
4.4
Permitted Signs. Subject to the general sign regulations of Article 6 and consisting of accessory non-illuminated or indirectly illuminated signs as follows:
1.
Any sign permitted in the R-1 Single-Family Residential District.
4.5.
Uses Permitted by Special Use Permit. The following uses may be permitted by special use permit if approved by the Town Council in accordance with the procedures, guides and standards of Articles 6 and 9:
1.
Any conditional use permitted in the R-1 Single-Family Residential District.
2.
Bed and breakfast. See Article 6, section 7.
4.6.
Uses Permitted as Special Exception. The following uses may be permitted as special exceptions if approved by the Board of Zoning Appeals in accordance with the procedures, guides and standards of Article 7:
1.
Any uses permitted as special exceptions in the R-1 Single-Family Residential District and subject to the same conditions.
4.7.
Lot Size Requirements.
4.8.
Yard Requirements.
2.
Other structures same or as required in district regulations.
4.9.
Height Requirements.
4.10.
Off-Street Parking and Loading Requirements.Off-street parking and loading requirements are contained in Article 6.
(Ord. of 1-23-91; Ord. No. 10-1998, § 1, 4-14-98; Ord. No. 01-2012, 4-12-12)
5.1.
Purpose of the District. The purpose of this district is to provide for low or medium density residential use and for office buildings in attractive surroundings with types of uses and signs so controlled as to be generally compatible with medium density or low density residential surroundings. The district is intended for application either to vacant land or to developed areas where residential and other buildings are adaptable to office use and it may be applied to large or small areas if development standards are complied with. Height of office buildings is limited to three (3) stories or to two (2) stories in proximity to a low density residential district and permitted ground coverage is low to further enhance residential compatibility. Since the district will be applied to some areas already developed with detached residences, townhouses are excluded in order to protect this environment.
5.2.
Permitted Uses. A building or land shall be used only for the following purposes:
1.
Any use permitted in the R-2 Residential District.
2.
Offices and office buildings, business, professional, or administrative, provided that no retailing, wholesaling, or servicing shall be permitted on the premises nor shall the storage or display of merchandise to be serviced or offered for sale elsewhere, and there shall be no machinery or equipment other than machinery or equipment customarily found in offices.
3.
Clinics, medical or dental.
4.
Employment service or agency.
5.
Studio for an artist, designer, writer, photographer, sculptor, or musician.
5.3.
Permitted Accessory Uses. Accessory uses and buildings incidental to and customarily found in connection with a permitted use of the premises, including but not limited to the following:
a.
Any accessory use permitted in the R-2 Residential District.
b.
Coin-operated and vending machines for food, tobacco, ice, soft drinks, and sundries inside a building and for the use of occupants thereof.
c.
Lunchroom or snack bar for the use of employees who work in the building where such facility is located, provided such facility has no exterior entrances or exits.
Storage of office supplies or merchandise normally carried in stock or used in connection with a permitted use, subject to applicable district regulations and provided such storage area does not exceed ten (10) percent of the total floor area of the building.
5.4.
Permitted Signs. Subject to the general sign regulations of Article 4 and ordinances regulating structural and safety features, accessory non-illuminated or directly illuminated signs are permitted as follows:
1.
Any sign permitted in the R-2 Residential District.
2.
Flat signs limited in area to twelve (12) square feet one for each street frontage or one for each main building on the premises, to identify the address and occupants of an office, studio, or permitted business building.
3.
A detached sign limited in area to twelve (12) square feet and limited in height to ten (10) feet if there are no flat signs larger than six (6) square feet.
4.
Directional signs of any type, limited in area to two (2) square feet, in such number and in such locations as required for proper management of the premises.
5.5.
Uses Permitted by Special Use Permit. The following uses may be permitted by special use permit approved by the Town Council following report by the Planning Commission in accordance with the procedures, guides and standards of Articles 6 and 9:
1.
Any use permitted by special use permit in the R-2 Residential District except manufactured home subdivisions and manufactured home parks.
2.
Funeral home or undertaking establishment provided all hearses, or other special vehicles are parked or stored inside a completely enclosed building.
3.
Bed and breakfast. See Article 6, section 7.
5.6.
Uses Permitted as Special Exception. The following uses may be permitted as special exceptions if approved by the Board of Zoning Appeals in accordance with the procedures, guides and standards of Article 7.
1.
Any uses permitted as special exceptions in the R-l Single-family Residential District subject to the same conditions.
5.7.
Lot Size Standards.
1.
For uses permitted in the RO Residential District, the lot size standards are the same as in the R-2 District.
2.
For office and studio uses and for clinics and funeral homes the minimum lot size shall be twenty thousand (20,000) square feet with minimum lot width of one hundred (100) feet unless an existing building is to be converted to such use in which case the existing lot will be considered adequate if required parking can be provided.
3.
Building coverage shall be limited to a maximum of fifty (50) percent of lot area.
5.8.
Yard Requirements.
2.
Other principal structures same as single-family dwelling or as required in the district regulations.
The administrator may make special provision for yard spaces on steep slopes as specified in Article 6.
See sections below for special regulations for office and other business buildings.
5.9.
Special Regulations for Offices and Other Business Buildings.
1.
Site Plan Required. Site plan approval is required for both new construction or conversion of an existing building. The office building or other buildings shall be designed to promote harmonious relationships with surrounding adjacent and nearby properties, developed and undeveloped, and to this end may employ such design techniques as may be appropriate to a particular case, including location of permitted uses, orientation, spacing and setback of buildings, maintenance of natural vegetation, location of access points, size and location of signs, open spaces, and parking areas, grading, landscaping and servicing. No building shall be constructed with or altered to produce a store front, store window, or display window and there shall be no display from windows or doors. Where residential structures are to be converted to office the exterior residential character of the structure shall be retained.
2.
Access. The principal means of access for any office or other permitted business use containing more than 2,500 square feet of floor area shall be from arterial and collector thoroughfares. In no case shall the principal means of access for such building be from a minor residential street. Access points shall be designed to minimize traffic hazard and congestion in accord with accepted principles of traffic engineering and established town policies.
3.
Parking. Off-street parking for individual uses shall be provided in accord with the provisions of Article 6. No parking shall be permitted within a required front yard.
4.
Loading. Off-street loading space for individual uses shall be provided in accord with the provisions of Article 6. Loading operations shall be conducted within a building and screened from general public view from fronting streets or shall be conducted at the side or rear of buildings.
5.
Landscaping. Any part of the lot or project area not used for buildings or other structures, parking, loading and accessways, shall be landscaped with appropriate planting or with pedestrian walks in accord with an approved landscaping plan.
6.
Refuse. Refuse containers or refuse storage shall be located in a paved area and hidden from general public view, either from within or outside the premises by means of fences, walls, or landscape planting.
7.
Drainage. Provision shall be made for proper stormwater drainage. Water from parking and loading areas shall not be permitted to drain onto adjacent property except into a natural watercourse or a drainage easement.
5.10.
Height Requirements.
5.11.
Off-Street Parking and Loading Requirements. Off-street parking and loading requirements are contained in Article 6.
(Ord. No. 10-1998, § 1, 4-14-98; Ord. No. 01-2012, 4-12-12)
6.1.
Purpose of the District. The purpose of this district is to encourage variety in housing types and provide for residential densities as might be appropriate for relatively spacious garden apartment or townhouse developments in areas appropriately located for such use, which areas are served by sanitary sewers and public water systems and which are well located with respect to major thoroughfares, shopping facilities, and centers of employment. Population density and height of buildings are low enough to be generally compatible with single-family residential development in the same general neighborhood. Permitted community facilities are the same as for the single-family residential districts.
6.2.
Permitted Uses. A building or land shall be used only for the following purposes:
1.
Any use permitted in the R-1 Single-family residential district.
2.
Two-family dwellings, subject to the special regulations of Article 6.
3.
Townhouses, subject to the special regulations of Article 6.
4.
Multiple-family dwellings.
5.
Business or professional office buildings limited to two thousand five hundred (2,500) square feet.
6.
Clinic or medical office buildings limited to two thousand five hundred (2,500) square feet.
7.
Conventional type store for sale of food, tobacco, and sundries. No alcoholic beverages sold. Limited to one thousand (1,000) square feet.
8.
Bed and breakfast. See Article 6, section 7.
6.3.
Permitted Accessory Uses.
1.
Any accessory use permitted in the R-1 Single-Family Residential District.
2.
An office located in a main building for administration of a multiple-family development containing 10 or more dwelling units.
3.
A laundry for use of occupants of a multiple-family dwelling development.
4.
Coin-operated vending machines for candy, tobacco, ice, soft drinks, and sundries, inside a building and for the use of occupants of a multiple-family dwelling development.
6.4.
Permitted Signs. Subject to the general sign regulation of Article 6 and consisting of accessory non-illuminated or indirectly illuminated signs as follows:
1.
Any sign permitted in the R-1 Single-Family Residential District.
2.
A sign limited in area to ten (10) square feet, giving the name and/or address or management of a multiple-family dwelling or group of multiple-family dwellings. If such sign is placed on a marquee, awning, or canopy, the height of letters shall not exceed one (1) foot.
6.5.
Uses Permitted by Special Use Permit. The following uses may be permitted by special use permit if approved by the Town Council in accordance with the procedures, guides and standards of Articles 6 and 9:
1.
All buildings over two thousand five hundred (2,500) square feet. Business or professional office buildings.
2.
All buildings over two thousand five hundred (2,500) square feet. Clinic or medical office buildings.
3.
Hospitals and sanitariums, but not animal hospitals.
4.
Institutions, educational or philanthropic, including museums, art galleries and libraries.
5.
Public or governmental buildings and uses, including schools, fire stations (volunteer or otherwise), parks, parkways, and playgrounds.
6.
Public utilities or public service uses, buildings, generating or treatment plants, pumping or regulator stations, sub-stations, and transmission lines.
7.
Store for sale of food, tobacco, and sundries not exceeding one thousand (1,000) square feet of total floor area inside a multiple-family dwelling and primarily for the convenience of residents of a multiple-family development containing one hundred (100) or more dwelling units.
8.
Swimming or tennis club, private, non-profit, or commercially operated.
6.6.
Uses Permitted as Special Exceptions. The following uses may be permitted as special exceptions if approved by the Board of Zoning Appeals in accordance with the procedures, guides and standards of Article 7:
1.
Any uses permitted as special exceptions in the R-1 Single-Family Residential District subject to the same conditions.
6.7.
Lot Size Requirements.
*Averaging lot area for single-family dwellings is permitted only in approved subdivision of 2 or more lots. Minimum lot area may be increased for individual water supply or sewerage systems in accord with the requirements of the Health Official.
Lot width is measured at the building line.
Minimum street frontage is 25 feet.
See Article 6 for special regulations on sale of dwelling units of a two-family dwelling. If units are to be sold separately, minimums for average lot area, lot area, and lot width are one-half of values above.
*Averaging lot area for single-family dwellings is permitted only in approved subdivision of 2 or more lots. Minimum lot area may be increased for individual water supply or sewerage systems in accord with the requirements of the Health Official.
Lot width is measured at the building line.
See Article 6 for special regulations on sale of dwelling units of a two-family dwelling. If units are to be sold separately, minimums for average lot area, lot area, and lot width are one-half of values above.
See Article 6 for special regulations for townhouses.
6.8.
Yard Requirements.
See Article 6 for special regulations for townhouses.
If street is less than 50 feet in width front yard shall be at least 50 feet measured from center line.
The Administrator may make special provision for yard spaces on steep slopes as specified in Article 6.
6.9.
Height Requirements.
6.10.
Off-Street Parking and Loading Requirements. Off-street parking and loading requirements are contained in Article 6.
(Ord. of 1-23-91; Ord. No. 10-1998, § 1, 4-14-98)
7.1.
Purpose of the District. The purpose of this district is to provide for well-designed mobile or manufactured home parks or subdivisions and accessory sales and storage areas in areas where public utilities are available and to establish basic standards which will determine the character of this land use and its effect on surrounding properties. Single-family residential development is permitted as an alternative to mobile home park use.
7.2.
Permitted Uses. A building or land shall be used only for the following purposes:
1.
Any use permitted in the R-3 General Residential District subject to the lot size, yard, height and other requirements of that district.
2.
Mobile or manufactured homes subdivision, subject to the lot size, yard, height and other requirements for single-family dwellings in the R-3 General Residential District.
3.
Mobile or manufactured home park, provided:
(a)
That the mobile or manufactured home park shall comply with all sanitary and other requirements prescribed by law or regulations.
(b)
That number and location of access drives shall be controlled for traffic safety and protection of surrounding properties, that no mobile or manufactured home space shall be designed for direct access to a street outside the boundaries of the park unless approved by the zoning administrator and that the interior access drives shall be properly lighted and at least thirty (30) feet in width and hard surfaced in accord with applicable town specifications and ordinances.
(c)
That the topography of the site be such as to facilitate rapid drainage and that adequate drainage facilities be provided.
(d)
That the design evidences a reasonable effort to preserve the natural amenities of the site.
(e)
The minimum width and/or depth of the mobile or manufactured home park shall be two hundred (200) feet and a minimum total area of the park shall be one and one-half (1½) acres, including one-half the width of bordering streets except that minimum area may be one (1) acre where proposed park is to be located adjacent to an existing mobile home park containing an area of one-half acres or more.
(f)
That at least ten (10) home sites be provided in the proposed plan. No home sites shall be offered for sale or sold.
(g)
The mobile or manufactured home park shall be surrounded by a strip of open space, landscaping, or woods at least twenty-five (25) feet wide along all streets and at least ten (10) feet wide along all other lot lines.
(h)
Each mobile or manufactured home site shall be provided with individual water and sewer connections to central sewer and water systems. Such water and sewer facilities shall be subject to approval and inspection by the health official and may be either public facilities or privately owned sewer and water systems, but in either case shall be designed to serve the entire mobile or manufactured home park.
(i)
Each mobile or manufactured home site shall be provided with electrical outlets installed in accordance with applicable town codes.
(j)
Adequate area shall be provided in the design for such things as public laundry facilities and storage of recreation equipment and vehicles.
(k)
All mobile or manufactured homes are to be underpinned six (6) months after occupancy.
4.
No existing mobile or manufactured home park shall be enlarged or extended unless the entire park is brought into substantial compliance with the requirements for a new mobile or manufactured home park concerning interior access drives, off-street parking, utilities, open space and recreation area, signs, screening and landscaping.
7.3.
Permitted Accessory Uses.
1.
Any accessory use permitted in the R-3 General Residential District.
2.
For individual mobile or manufactured home sites in a mobile home park: awnings or porches, and one (1) storage building, all of materials and construction acceptable in accordance with sound building practices and not extending closer than five (5) feet to the boundaries of the individual mobile or manufactured home site.
3.
For the mobile or manufactured home park: management headquarters, recreational facilities, community building, toilets, showers, coin-operated laundry facilities and vending machines, and other uses and structures customarily incidental to operation of a mobile or manufactured home park.
4.
An area not exceeding ten (10) percent of the area of a mobile or manufactured home park and not exceeding two (2) acres, whichever is smaller, for the sales of mobile or manufactured homes, including an office unit, the display of model units, and the open storage of units for sale, provided:
(a)
Such area is separated from the remainder of the mobile or manufactured home park by a continuous visual screen with a minimum height of eight (8) feet, such screen consisting of a compact evergreen hedge or foliage screening or a louvered fence or wall.
(b)
The principal access to the sales and storage area shall not be from an interior drive, there shall be adequate off-street parking (ten (10) spaces minimum).
(c)
No lighting fixture for night sales shall exceed ten (10) feet in height and all lighting shall be directed or shielded so as not to produce glare outside the sales area.
(d)
The sales, display and storage areas shall not be counted in determining minimum mobile or manufactured home park area and the units displayed or stored shall not be occupied and shall not be counted in determining permissible density of units.
5.
In a mobile or manufactured home park of twenty (20) or more units, a small grocery store, restaurant, beauty shop, barber shop, laundry and dry cleaning, or other similar convenience establishment, provided:
(a)
Such establishment and parking areas primarily related to their operations shall not occupy more than fifteen (15) percent of the area of the park.
(b)
Such establishments shall be restricted in their use to occupants of the park.
(c)
Such establishments shall present no visible evidence of commercial character which would attract customers other than occupants of the park.
7.4.
Permitted Signs. Subject to the general sign regulations of Article 6 and consisting of accessory non-illuminated or indirectly illuminated signs as follows:
1.
Any sign permitted in the R-3 General Residential District.
2.
A sign limited in area to twenty (20) square feet, giving the name and/or address or management of a mobile or manufactured home park.
3.
A sign limited in area to twenty (20) square feet advertising mobile or manufactured homes for sale or lease if located in an approved accessory sales area.
7.5.
Uses Permitted by Special Use Permit. The following uses may be permitted by special use permit if approved by the Town Council in accordance with the procedures, guides and standards of Articles 6 and 9:
1.
Any special use permitted in the R-3 General Residential District.
7.6.
Uses Permitted as Special Exceptions. The following uses may be permitted as special exceptions if approved by the Board of Zoning Appeals in accordance with the procedures, guides and standards of Article 7:
1.
Any special exception permitted in the R-1 Single-Family Residential District and subject to the same conditions.
7.7.
Lot Size, Density and Site Requirements.
1.
For uses permitted in the R-3 General Residential District, the lot size requirements are the same as for that district.
2.
In a mobile or manufactured home subdivision, the lot size requirements are the same as for a single-family dwelling in the R-3 General Residential District.
3.
In a mobile or manufactured home park:
(a)
The maximum density of units in a mobile or manufactured home park shall be ten (10) per gross acre and the minimum area for a mobile or manufactured home site for parking one (1) mobile or manufactured home shall be three thousand (3,000) square feet with no dimension less than forty (40) feet, and with corners of each site visibly marked and numbered by a permanent marker. Adjustments between sites may be approved in order to preserve natural amenities. No more than one mobile or manufactured home shall be parked on any one (1) site.
(b)
In addition to the requirement of (a) above, an open space or spaces of not less than four thousand (4,000) square feet accessible to all mobile or manufactured home occupants and suitable for use as a recreational land area shall be provided within the mobile or manufactured home park at a ratio of a minimum of four hundred (400) square feet of recreational area per mobile or manufactured home site in such park.
7.8.
Yard Requirements.
1.
For uses permitted in the R-3 General Residential District, the yard requirements are the same as for that district.
2.
In a mobile or manufactured home subdivision the yard requirements are the same as in the R-3 General Residential District.
3.
In a mobile or manufactured home park, no mobile or manufactured home shall be parked closer than fifty (50) feet from a public street or road, ten (10) feet from an interior access drive, or twenty-five (25) feet from any other mobile or manufactured home or service building and no part of a mobile or manufactured home shall extend closer than five (5) feet to the boundaries of the individual mobile or manufactured home site.
7.9.
Height Requirements.
7.10.
Off-Street Parking and Loading Requirements.
1.
At least one (1) off-street parking space shall be provided on each mobile or manufactured home site, and in addition off-street parking spaces for automobiles shall be provided in the ratio of one-half space per mobile or manufactured home in locations convenient to groups of homes. No parking shall be permitted on the street.
2.
Additional off-street parking and loading requirements are contained in Article 6.
(Ord. of 1-23-91)
8.1.
Purpose of the District. The purpose of this district is to provide primarily for retail shopping and personal service uses, to be developed either as a unit or in individual parcels, to serve the needs of a relatively small area, primarily nearby, low-density or medium-density residential neighborhoods. To enhance the general character of the district and its compatibility with its residential [neighbors] signs are limited to those accessory to businesses conducted on the premises and the number, area, and types of signs are limited.
8.2.
Permitted Uses. A building or land shall be used only for the following purposes:
1.
Any use permitted in the R-2 Single-Family Residential District.
2.
Bakeries occupying not more than two thousand five hundred (2,500) square feet of floor area and provided all products produced on the premises shall be sold at retail on the premises.
3.
Banks, drive-in or otherwise, so long as driveway space shall be provided off the street for all vehicles awaiting for drive-in service.
4.
Barber shops or beauty parlors.
5.
Bicycle sales and repair shops.
6.
Catering or delicatessen business.
7.
Clinics.
8.
Dry-cleaning or pressing pickup stations or shops occupying not more than two thousand five hundred (2,500) square feet of floor area and using no cleaning fluid whose base is petroleum or one of its derivatives.
9.
Flower shops and greenhouses incidental thereto.
10.
Frozen food lockers for individual or family use.
11.
Hospital or clinic for small animals, dogs, cats, birds, and the like, provided that such hospital or clinic and any treatment rooms, cages, pens, or kennels, be maintained within a completely enclosed, soundproof building, and that such hospital or clinic be operated in such a way as to produce no objectionable noise or odors outside its walls.
12.
Ice distribution stations, automatic, or other drive-in automatic vending machine, station. Groups of vending machines shall be contained in a building.
13.
Laundromats or self-service dry-cleaning establishments.
14.
Laundries occupying not more than two thousand five hundred (2,500) square feet of floor space.
15.
Laundry and dry-cleaning establishments (combined operation) occupying not more than five thousand (5,000) square feet of floor area and using no cleaning fluid whose base is petroleum or one of its derivatives.
16.
Nurseries for growing plants, trees and shrubs.
17.
Offices, general business or professional.
18.
Pet shop or dog beauty parlor, provided that any work rooms, cages, pens or kennels be maintained within a completely enclosed, soundproof building and that such shop or parlor be operated in such a way as to produce no objectionable noise or odors outside its walls.
19.
Parking lots, parking spaces and parking areas, but not automobile sales or storage lots, used or new automobiles, or motorcycle sales or storage, or junk lots.
20.
Private club, lodge, or meeting hall.
21.
Restaurants, but not drive-in restaurants.
22.
Shoe repairing shops occupying not more than two thousand five hundred (2,500) square feet of floor area.
23.
Shops for the sale, service, or repair of home appliances, office machines, electrical and television and radio equipment occupying not more than two thousand five hundred (2,500) square feet of floor area.
24.
Stores or shops for the conduct of retail business, including sale of accessories, antiques, appliances, beverages, but not alcoholic beverages, carpets, clothing, drugs, fabrics, food, furniture, garden supplies, groceries, hardware, hobby supplies, office supplies, paint, sporting goods, and stationery and similar stores and shops.
25.
Studios for artists, photographers, teachers, sculptors or musicians.
26.
Telephone station or booth, including drive-in or talk-from-car stations.
27.
Undertaking businesses or establishments or funeral homes.
28.
Bed and breakfast. See Article 6, section 7.
8.3.
Permitted Accessory Uses.
1.
Any accessory use permitted in the R-2 Single-Family Residential District.
8.4.
Permitted Signs. Subject to the general sign regulations of Article 6 and consisting of accessory non-illuminated or indirectly illuminated signs as follows:
1.
Flat signs, with total aggregate sign area not more than ten (10) percent of the area of walls fronting on a street and no one (1) sign with sign area of more than one hundred (100) square feet. Illuminated signs inside of show windows and within five (5) feet of such windows shall be included in the computation of sign area, and in addition, shall be limited to ten (10) percent of the total glass area of the window in which they are placed.
2.
Projecting signs, if there are no marquee or detached signs, one (1) for each business on the premises, with sign area limited to twenty (20) square feet. The sign shall be ten (10) or more feet from ground level to the bottom of the sign.
3.
Detached signs, if there are no projecting signs, limited in area to fifty (50) square feet and limited in height to twenty (20) feet, one (1) for each business on the premises. A group of three (3) or more contiguous stores such as form a shopping center, may combine permitted detached sign area to provide a single detached sign advertising the group if there are no other detached signs and if the combined sign area does not exceed one hundred fifty (150) feet.
4.
Marquee signs, if there are no projecting signs, two (2) for each business on the premises, with sign area for each sign limited to three (3) square feet.
5.
Temporary, non-illuminated paper signs in show windows, limited to twenty (20) percent of the total glass area of the window in which they are placed.
6.
Directional signs limited in area to two (2) square feet, giving directions to motorists regarding the location of parking areas and access drives, shall be permitted as accessory signs and not included in any computation of sign area.
8.5.
Uses Permitted by Special Use Permit. The following uses may be permitted by special use permit if approved by the Town Council in accordance with the procedures, guides and standards of Articles 6 and 9:
1.
Any special use permitted in the R-1 Single-Family Residential District.
2.
Drive-in restaurant.
3.
Filling stations, so long as bulk storage of inflammable liquids is underground and provided no lighting fixture extends to a height greater than twenty-five (25) feet.
4.
Hotel, motel or motor lodge.
5.
Theatre, but not a drive-in theatre.
8.6.
Uses Permitted as Special Exceptions. The following uses may be permitted as special exceptions if approved by the Board of Zoning Appeals in accordance with the procedure, guides and standards of Article 7:
1.
Any special exception permitted in the R-1 Single-Family Residential District and not a permitted use listed in Section 6.1 above.
2.
Signs in excess of twenty-five (25) feet in height but no greater area or number than permitted in the district regulations.
8.7.
Lot Size Requirements.
1.
For dwellings and other uses permitted in the R-2 Single-Family Residential District the lot size requirements are the same as in the R-2 Single-Family Residential District.
2.
For other permitted uses there are no minimum lot size requirements except as may be required to meet sanitary standards.
8.8.
Yard Requirements.
Side and rear yards required only if adjacent to a Residential District. In 1 and 2 above, if street is less than 50 feet in width, front yard shall be at least 75 feet measured from center line.
8.9.
Height Requirements.
8.10.
Off-Street Parking and Loading Requirements.Off-street parking and loading requirements are contained in Article 6.
(Ord. of 1-23-91; Ord. No. 10-1998, § 1, 4-14-98)
9.1.
Purpose of the District. The purpose of this district is to provide sufficient space in appropriate locations for a wide variety of commercial and miscellaneous service activities, generally serving a wide area and located particularly along certain existing major thoroughfares where a general mixture of commercial and service activity now exists, but which uses are not characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or the nuisance factors of dust, odor, and noise, associated with manufacturing.
9.2.
Permitted Uses. A building or land shall be used only for the following purposes:
1.
Any use permitted in the R-3 General Residential District.
2.
Any use permitted in the B-1 Local Business District.
3.
Amusement places or theatres, except open-air drive-in theaters. Amusement places include bowling alleys, dance halls subject to applicable county regulations, skating rinks, swimming pools, miniature golf, billiard or pool parlors, indoor model racing tracks, and similar activities.
4.
Animal hospital or kennel but with no open pens.
5.
Automobile or truck sales, service, and repair, but not auto salvage or junk, and any major repair or storage of equipment or materials or damaged vehicles shall be inside a completely enclosed building.
6.
Bakeries.
7.
Boat and boat trailer sales and storage.
8.
Bottling works, dyeing and cleaning works or laundry, plumbing and heating shop, painting shop, upholstering shop not involving furniture manufacture, tinsmithing shop, tire sales and service (including vulcanizing and re-capping, but no manufacturing), appliance repairs, and general service and repair establishments, similar in character to those listed in this item; provided that no outside storage of material is permitted except as provided in this section.
9.
Bus station and taxi stations.
10.
Car-wash or automobile laundry, automatic or otherwise, providing reservoir space for not less than ten (10) vehicles for each washing lane of an employee-operated facility.
11.
Data processing center.
12.
Drive-in restaurants.
13.
Service stations, so long as bulk storage of inflammable liquids is underground.
14.
Garages, parking or storage.
15.
Hotels, motels, motor lodges, or tourist homes.
16.
Lawnmower, yard and garden equipment, rental sales and service.
17.
Lumber and building materials store, but not a lumber yard.
18.
Material storage yards, in connection with a permitted use where storage is incidental to the approved occupancy of the building, provided all products and materials used or stored are enclosed by a masonry wall, screening, fence, or hedge, not less than six (6) feet in height. Storage of all materials and equipment shall not exceed the height of the wall. Storage of cars and trucks used in connection with the permitted trade or business is permitted within the walls or screen, but not including storage of heavy equipment, such as road-building or excavating equipment.
19.
Mobile homes sales, display and storage, or sales, display and storage of travel trailers and campers, provided that all units shall be in usable condition, none shall be placed in a required front yard, the minimum parcel area shall be one-half acre, the storage area be separated from the display area by a continuous visual screen with a minimum height of eight (8) feet, such screen consisting of a compact evergreen hedge or foliage screening or louvered fence or wall, and the entire area shall be similarly screened from any contiguous residential district.
20.
Monument sales establishments with incidental processing to order, but not including the shaping of headstones.
21.
Printing, publishing and engraving establishments.
22.
Radio and television stations and studios or recording studios, but not towers more than one hundred twenty-five (125) feet in height.
23.
Rental of luggage trailers but not including truck trailer bodies except campers.
24.
Schools for industrial training, trade, or business.
25.
Used car sales and storage lots.
26.
Wholesale establishments with not more than two thousand five hundred (2,500) square feet of accessory storage per establishment.
27.
Bed and breakfast. See Article 6, section 7.
9.3.
Permitted Accessory Uses.
1.
Any accessory use permitted in the R-3 General Residential District.
2.
Storage of office, supplies or merchandise normally carried in stock in connection with a permitted office, business, or commercial use subject to applicable district regulations.
9.4.
Permitted Signs. Subject to the general sign regulations of Article 6 and consisting of accessory or non-accessory illuminated or non-illuminated signs as follows:
1.
Flat signs, general advertising or otherwise, with total aggregate sign area not more than ten (10) percent of the area of walls fronting on a street and no one (1) sign with sign area of more than two hundred (200) square feet. Illuminated signs inside of show windows and within five (5) feet of such windows shall be included in the computation of sign area, and in addition, shall be limited to ten (10) percent of the total glass area of the window in which they are placed.
2.
Projecting signs with sign area limited to fifty (50) square feet and at least ten (10) feet from the bottom of sign to ground level.
3.
Detached signs, limited in area to one hundred fifty (150) square feet and limited in height to thirty-five (35) feet. A group of three (3) or more contiguous stores such as form a shopping center may combine permitted detached sign area to provide a single detached sign advertising the group if there are no other detached signs and if the combined sign area does not exceed three hundred (300) square feet.
4.
Marquee signs, if there are no projecting signs, two (2) for each business on the premises, with sign area for each sign limited to five (5) square feet.
5.
Temporary, non-illuminated paper signs in show windows, limited to twenty (20) percent of the total glass area of the window in which they are placed.
6.
Directional signs limited in area to two (2) square feet, giving directions to motorists regarding the location of parking areas and access drives, shall be permitted as accessory signs and not included in any computation of sign area.
7.
Billboard signs as defined in Article 6, Section 3 of this Ordinance, provided that the following requirements shall be met:
(a)
No billboard sign shall exceed three hundred (300) square feet in area.
(b)
No billboard sign shall exceed a total height of thirty-five (35) feet.
(c)
No two (2) billboard signs shall be located less than five hundred (500) feet apart along the same side of a street of highway, as measured parallel to the edge of the roadway. Back to back or V-shaped signs are allowed, provided the interior angle does not exceed ninety (90) degrees.
(d)
No billboard shall be located within twenty-five (25) feet of any street line or within one hundred (100) feet of any intersection of street lines or the boundary of any Residential District.
(e)
No billboard shall be located more than five hundred (500) feet from an existing business.
9.5.
Uses Permitted by Special Use Permit. The following uses may be permitted by special use permit if approved by the Town Council in accordance with the procedures, guides and standards of Articles 6 and 9:
1.
Any special use permitted in the R-1 Single-Family District.
2.
Wholesale establishment or warehouse with up to fifteen thousand (15,000) square feet of floor area.
3.
A business or commercial building greater in height than three (3) stories or forty (40) feet.
9.6.
Uses Permitted as Special Exceptions. The following uses may be permitted as special exceptions if approved by the Board of Zoning Appeals in accordance with the procedures, guides and standards of Article 7:
1.
Any special exception permitted in the R-1 Single-Family Residential District and not a permitted use listed in Section 7.2 above.
2.
Signs in excess of thirty-five (35) feet in height but of no greater area or number than permitted in the district regulations.
9.7.
Lot Size Requirements.
1.
For permitted dwellings and other uses permitted in the R-3 General Residential District the lot size requirements are the same as in that district.
2.
For other permitted uses there are no minimum lot size requirements except as may be required by the health official to meet sanitary standards.
9.8.
Yard Requirements.
;sz=8;;le=2;Side and rear yards required only if adjacent to a Residential District. In 1 and 2 above, if street is less than 50 feet in width, front yard shall be at least 75 feet measured from center line.
;sz=10;;le=2;3.
Commercial structure in an area where 50% of structures are less than 50 feet to lot line with approval of Zoning Administrator, may build in line with said buildings.
9.9.
Height Requirements.
9.10.
Off-Street Parking and Loading Requirements. Off-street parking and loading requirements are contained in Article 6.
(Ord. of 1-23-91; Ord. No. 10-1998, § 1, 4-14-98)
10.1.
Purpose of the District. This district is intended to encompass the retail, service, and office core of the central business district and permits a wide variety of uses to provide basic services to Big Stone Gap trading area. A few light manufacturing uses are permitted, but general manufacturing and warehousing, or uses which tend to generate heavy truck traffic or require open storage of materials are prohibited. Off-street parking lots and garages are essential uses but he regulations recognize the difficulty in this area of each use providing its own parking. Taller buildings and higher densities of population are permitted.
10.2.
Permitted Uses. A building or land shall be used only for the following purposes:
1.
Any use permitted in the R-3 General Residential District.
2.
Any use permitted in the B-1 Local Business District.
3.
Amusement places or theaters, except open-air drive-in theaters. Amusement places include bowling alleys, skating rinks, miniature golf, billiard or pool parlors, indoor model racing tracks, and similar activities.
4.
Automobile or truck sales, service, and repair, but not auto salvage or junk, and any major repair or storage of equipment or materials or damaged vehicles shall be inside a completely enclosed building.
5.
Bakeries occupying not more than five thousand (5,000) square feet of floor area.
6.
Boat and boat trailer sales and storage.
7.
Bottling works, dyeing and cleaning works or laundry, plumbing and heating shop, painting shop, upholstering shop not involving furniture manufacture, tinsmithing shop, tire sales and service (including vulcanizing but no manufacture), appliance repairs, and general service and repair establishments, similar in character to those listed in this item; provided that no outside storage of material is permitted except as provided in this section, and further provided that no use permitted in this item shall occupy more than five thousand (5,000) square feet of floor area.
8.
Bus station.
9.
Data processing center.
10.
Garages, parking or storage.
11.
Hotels, motels, motor lodges, or tourist homes.
12.
Lawnmower, yard and garden equipment, rental sales and services.
13.
Lumber and building materials store, but not a lumber yard.
14.
Material storage yards, in connection with a permitted use where storage is incidental to the approved occupancy of the building, provided all products and materials used or stored are enclosed by a masonry wall, screening, fence, or hedge, not less than six (6) feet in height. Storage of all materials and equipment shall not exceed the height of the wall. Storage of cars and trucks used in connection with the permitted trade or business is permitted within the walls or screen, but not including storage of heavy equipment, such as road-building, excavating equipment or trailer trucks.
15.
Monument sales establishments with incidental processing to order, but not including the shaping of headstones.
16.
Parking lots, parking space and parking areas.
17.
Printing, publishing and engraving establishments.
18.
Radio and television stations and studios or recording studio, but not towers more than one hundred twenty-five (125) feet in height.
19.
Service stations, so long as bulk storage of inflammable liquids is underground.
20.
Schools for industrial training, trade, or business.
21.
Taxi stations provided they are permanent structures.
22.
Wholesale establishments with not more than two thousand five hundred (2,500) square feet of accessory storage per establishment.
23.
Bed and breakfast. See Article 6, section 7.
10.3.
Permitted Accessory Uses.
1.
Any accessory use permitted in the R-3 General Residential District.
2.
Storage of office supplies or merchandise normally carried in stock in connection with a permitted office, business, or commercial use subject to applicable district regulations.
3.
Swimming pools for hotels, motels, motor lodges, or tourist homes.
10.4.
Permitted Signs. Subject to the general sign regulations of Article 6 and consisting of accessory or non-accessory illuminated or non-illuminated signs as follows:
1.
Flat signs, general advertising or otherwise, with total aggregate sign area not more than ten (10) percent of the area walls fronting on a street and no one (1) sign with sign area of more than two hundred (200) square feet. Illuminated signs inside of show windows and within five (5) feet of such windows shall be included in the computation of sign area, and in addition, shall be limited to ten (10) percent of the total glass area of the window in which they are placed.
2.
Projecting signs with sign area limited to twenty-five (25) square feet and at least ten (10) feet from the bottom of sign to ground level.
3.
Detached signs, limited in area to fifty (50) square feet and limited in height to thirty-five (35) feet. A group of three (3) or more contiguous stores such as form a shopping center may combine permitted detached sign area to provide a single detached sign advertising the group if there are no other detached signs and if the combined sign area does not exceed one hundred fifty (150) square feet.
4.
Marquee signs, if there are no projecting signs, two (2) for each business on the premises, with sign area for each sign limited to five (5) square feet.
5.
Temporary, non-illuminated paper signs in show windows, limited to twenty (20) percent of the total glass area of the window in which they are placed.
6.
Directional signs limited in area to two (2) square feet, giving directions to motorists regarding the location of parking areas and access drives, shall be permitted as accessory signs and not included in any computation of sign area.
10.5.
Uses Permitted by Special Use Permit. The following uses may be permitted by special use permit if approved by the Town Council in accordance with the procedures, guides and standards of Articles 6 and 9:
1.
Any special use permitted in the R-1 Single-Family Residential District.
2.
Wholesale establishment or warehouse with up to five thousand (5,000) square feet of floor area.
3.
A business or commercial building greater in height than five (5) stories or seventy-five (75) feet.
10.6.
Uses Permitted as Special Exceptions. The following uses may be permitted as special exceptions if approved by the Board of Zoning Appeals in accordance with the procedures, guides and standards of Article 7:
1.
Any special exception permitted in the R-1 Single-Family Residential District and not a permitted use listed in Section 8.2 above except for the raising for sale of birds, bees, fish, rabbits or other small animals.
2.
Signs in excess of thirty-five (35) feet in height but of no greater area or number than permitted in the district regulations.
10.7.
Lot Size Requirements.
1.
For permitted dwellings and other uses permitted in the R-3 General Residential District the lot size requirements are the same as in that district.
2.
For other permitted uses there are no minimum lot size requirements except as may be required by the health official to meet sanitary standards.
10.8.
Yard Requirements.
10.9.
Height Requirements.
10.10.
Off-Street Parking and Loading Requirements. Off-street loading requirements are contained in Article 6. There are no off-street parking requirements in the B-3 Central Business District.
(Ord. of 1-23-91; Ord. No. 10-1998, § 1, 4-14-98)
11.1.
Purpose of the District. The purpose of this district is to provide for a wide variety of manufacturing, fabricating, processing, wholesale distributing and warehousing uses appropriately located for access by major thoroughfares or railroads, but to restrict or prohibit those industries which have characteristics likely to produce serious adverse effects within or beyond the limits of the district. Certain potentially hazardous industries are permitted only after public hearings and review to assure protection of the public interest and surrounding property and persons. Commercial uses and open storage of materials are permitted but new residential development is excluded.
11.2.
Permitted Uses. A building or land shall be used only for the following purposes, consisting of business, commercial, and general industrial warehousing, and storage uses, including, certain open or enclosed storage of products, materials, and vehicles, and including the following uses and any similar uses which are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences than the minimum amount normally resulting from other uses listed, and manufacture, compounding, processing, packaging or treatment, as specified, of the following products or similar products:
[1.]
Any agricultural, business, commercial or office uses permitted in the B-1 or B-2 Business Districts.
[2.]
Dwellings for resident watchmen and caretakers employed on the premises.
[3.]
Abrasive wheels or stones, abrasive paper, cloth and related products.
[4.]
Agricultural or farm implements, manufacture, sale, storage or repair.
[5.]
Aircraft and aircraft parts.
[6.]
Aluminum extrusion, rolling, fabricating and forming, foundry products, (electrical only), blacksmith shop.
[7.]
Animal hospital or animal pound.
[8.]
Automobiles, tractors, trucks, buses, truck trailers, motorcycles and bicycles, repair and assembly, transmission repair service, radiator repair and cleaning, tire retreading, recapping and vulcanizing.
[9.]
Boats, bolts, buttons, nuts, screws, and rivets, ornamental iron products, firearms, tools, dies, machinery, and hardware products, sheetmetal products, and vitreous enameled metal products.
[10.]
Boxes, containers, furniture, cabinets, baskets, and other wood metal, fiber or plastic products of similar nature.
[11.]
Building materials (cement, lime in bags or containers), sand, gravel, stone, lumber, structural or reinforcing steel, pipe (and the like) storage and sales, open or enclosed, but not manufacture or steel fabricating or junk storage.
[12.]
Carpets, rugs, mats, bedding, mattresses, pillows, quilts, millinery, hosiery, clothing and fabrics, printing, and finishing of textiles and fibers into fabric goods.
[13.]
Cleaning and dyeing of garments, hats, carpets and rugs.
[14.]
Coal and wood yards, coke storage and sales but not manufacture.
[15.]
Contractor's equipment storage yard or plant or rental of equipment commonly used by contractors.
[16.]
Cosmetics and toiletries, perfumes, soaps, drugs, and pharmaceutical products (compounding only).
[17.]
Electrical appliances or electronic instruments and devices, medical, optical or drafting equipment, toys, novelties, games, stamps, musical instruments, manufacture or assembly.
[18.]
Excelsior, wood fiber.
[19.]
Exterminating establishment.
[20.]
Facilities and structures necessary for rendering utility service. Including poles, wires, transformers and the like for normal electrical power distribution or communication service, and pipelines, or conduits for electrical, gas, sewer, or water service, but not including buildings, treatment plants, pumping or regulator stations, substations and power transmission lines which are permitted as conditional uses.
[21.]
Fertilizer storage in bags or bulk storage of liquid or dry fertilizer in tanks or in a completely enclosed building, but not manufacture or processing.
[22.]
Flour, storage, blending and packaging, but not milling.
[23.]
Food products, candy, chewing gum, cocoa, coffee, tea and spices, beverage blending or bottling, bakery products, dairy products, cheese and ice cream, oleomargarine, fruit and vegetable processing and canning, cider and vinegar, pickles and vegetable relishes, packing and processing of fish, seafood, meat and poultry products, but not distilling of beverages or slaughtering of animals.
[24.]
Grain storage, blending and packaging, but not milling.
[25.]
Greenhouses, commercial, wholesale or retail.
[26.]
Heating, ventilating, cooking and refrigeration supplies and appliances.
[27.]
Ice manufacture, including dry ice.
[28.]
Insecticides, fungicides, disinfectants, and related industrial and household chemical elements (blending only).
[29.]
Kennels, boarding or otherwise.
[30.]
Laboratories, research, experimental or testing but not including combustion engine testing.
[31.]
Laundries, linen service.
[32.]
Leather goods manufacture, but not including tanning operations.
[33.]
Lumber yard, planing and millwork.
[34.]
Monuments and architectural stone.
[35.]
Paper and paperboard (from paper machine only) but not pulp mills.
[36.]
Plating, electrolytic process.
[37.]
Plumbing supplies, manufacture, sale, or storage.
[38.]
Pottery and figurines or similar ceramic products and kilns (fired by electricity or gas only).
[39.]
Printing, publishing and engraving, photographic processing or blueprinting.
[40.]
Pulp goods, pressed or molded (including paper mache products), paper products, but not manufacture of paper.
[41.]
Poultry packing and slaughtering (wholesale).
[42.]
Radio or television broadcasting station, studios, offices, towers.
[43.]
Railroad switching yard, primarily for railroad service in the district, team tracks and spur tracks.
[44.]
Rubber products and rubber synthetic treated fabrics (excluding all rubber and synthetic processing).
[45.]
Sawmill (including cooperage stock mill) stationary and planing mill.
[46.]
Sign fabrication and painting shop.
[47.]
Soap products, but not soap manufacture.
[48.]
Stone products, sand and gravel, but not crushing or grinding.
[49.]
Structural iron and steel fabrication.
[50.]
Theaters, including open-air drive-in theaters.
[51.]
Truck terminal, freight.
[52.]
Wallboard and plaster, building insulation and composition flooring.
[53.]
Warehouses, wholesale houses and distributors, wholesale market.
[54.]
Wire rope and cable.
[55.]
Wood chip and fiberboard.
Where any doubt exists as to the nature of a proposed use, product or process, the proposal shall be considered as a potentially hazardous use and referred to the Board of Zoning Appeals for decision after public hearing.
11.3.
Potentially Hazardous Uses. The following uses or the manufacture, compounding, processing, packaging, or treatment of products not specifically listed above or below, but which may, in the opinion of the Administrator, have accompanying hazards, such as fire, explosion, noise, vibration, dust, or the emission of smoke, odor, toxic gasses or other pollutants, may, if not in conflict with any state or county law or ordinance, be located in the I Industrial District, only after the location and nature of such use shall have been approved by the Board of Zoning Appeals after public hearing, as provided in Article 7. The Board shall review the plans and statements and shall not permit such buildings, structures, or uses until there has been shown that the public health, safety, morals, and general welfare will be properly protected, and that necessary safeguards will be provided for the protection of lakes, streams or other water areas or surrounding property and persons. The Board, in reviewing the plans and statements, shall consult with other agencies created for the promotion of public health and safety, and shall pay particular attention to protection of the county and its neighbors from the harmful effects of air or water pollution of any type.
[1.]
Adhesives, glue or size.
[2.]
Ammunition, and explosives storage.
[3.]
Automobile wrecking yard.
[4.]
Candles, including wax or tallow manufacture.
[5.]
Cider and vinegar.
[6.]
Concrete products or central mixing and proportioning plant.
[7.]
Distillery (alcoholic), breweries and alcoholic spirits (non-industrial).
[8.]
Engine testing (internal combustion engines), but not jet engines or rockets.
[9.]
Explosives, ammunition and fireworks, and explosives storage.
[10.]
Extraction, processing, loading and transportation of coal and other minerals.
[11.]
Film, photographic.
[12.]
Flour, feed and grain milling.
[13.]
Foundry or forge plant.
[14.]
Galvanizing or plating (hot dip).
[15.]
Glass and glass products.
[16.]
Hides and raw fur, curing, tanning, dressing, dyeing and storage.
[17.]
Insecticides, fungicides, disinfectants, or related industrial or household chemical compounds.
[18.]
Junk yards, open or enclosed storage of junk.
[19.]
Leather tanning and curing.
[20.]
Linoleum and other hard-surface floor coverings (except wood).
[21.]
Match manufacture.
[22.]
Meat or fish products, including slaughtering of animals or poultry or preparation of fish for packing.
[23.]
Oils, shortenings, and fats (edible), manufacture and storage.
[24.]
Paint, oil, shellac, turpentine, or varnish.
[25.]
Petroleum storage.
[26.]
Plastic material and synthetic resins, processing only.
[27.]
Railroad switching and classification yards, repairs and cleaning shops, round houses, power houses, interlocking towers, and fueling, sanding, and watering stations.
[28.]
Rubber products, natural or synthetic, including tires, tubes and similar products.
[29.]
Starch manufacture.
[30.]
Stockyard.
[31.]
Wood preserving treatment.
11.4.
Permitted Accessory Uses.
1.
Storage of goods or materials used in or produced by permitted commercial and industrial uses or related activities, subject to applicable district regulations.
11.5.
Permitted Signs. Subject to the general sign regulations of Article 6 and consisting of accessory or non-accessory illuminated or non-illuminated signs as follows:
1.
Flat signs, general advertising or otherwise.
2.
Projecting signs, with sign area limited to fifty (50) square feet.
3.
Detached signs, limited in area to one hundred fifty (150) square feet and limited in height to thirty-five (35) feet. A group of three (3) or more contiguous stores or industrial uses may combine permitted detached sign area to provide a single detached sign advertising the group if there are no other detached sign advertising the group if there are not other detached signs and if the combined sign area does not exceed three hundred (300) square feet.
4.
Marquee signs, if there are no projecting signs, two (2) for each business on the premises, with sign area for each sign limited to five (5) square feet.
5.
Temporary, non-illuminated paper signs in show windows.
6.
Directional signs giving directions to motorists regarding the location of parking areas and access drives, shall be permitted as accessory signs and not included in any computation of sign area.
7.
Billboard signs as defined in Article 6, Section 3 of this Ordinance, provided that the following requirements shall be met:
(a)
No billboard sign shall exceed three hundred (300) square feet in area.
(b)
No billboard sign shall exceed a total height of thirty-five (35) feet.
(c)
No two billboard signs shall be located less than five hundred (500) feet apart along the same side of a street of highway, as measured parallel to the edge of the roadway. Back to back or V-shaped signs are allowed, provided the interior angle does not exceed ninety (90) degrees.
(d)
No billboard shall be located within twenty-five (25) feet of any street line or within one hundred (100) feet of any intersection of street lines or the boundary of any Residential District.
(e)
No billboard shall be located more than five hundred (500) feet from an existing buisness.
11.6.
Uses Permitted by Special Use Permit. The following uses may be permitted by special use permit if approved by the Town Council in accordance with the procedures, guides and standards of Articles 6 and 9:
1.
Fire stations.
2.
Incinerator, industrial or public.
3.
Public utilities or public service uses, buildings, generating or treatment plants, pumping or regulator stations, sub-stations, and transmission lines.
11.7.
Uses Permitted as Special Exceptions. The following uses may be permitted as special exceptions if approved by the Board of Zoning Appeals in accordance with the procedures, guides and standards of Article 7:
1.
Accessory identification signs or general advertising signs advertising products produced on the premises, detached, subject to the general sign regulations of Article 6, no limit on area.
11.8.
Lot Size Requirements.
1.
All uses: None except as may be required by the health official to meet sanitary standards.
11.9.
Yard Requirements.
11.10.
Height Requirements.
11.11.
Off-Street Parking and Loading Requirements. Off-street parking and loading requirements are contained in Article 6.
(Ord. of 1-23-91)
12.1
Incorporation of the Flood Protection Ordinance. Article III, Section 9-17 ((b) Overlay Concept) of this Code shall delineate and establish the FP Floodplain Districts as overlays to the existing underlying zoning districts on the Official Zoning District Map of the Town of Big Stone Gap, Virginia according to the method specified by Article III, Section 9-17 ((b) Overlay, Subsection (1)) of this Code.
12.2.
Application of the District. To enable the district to operate in harmony with the plan for land use and population density embodied in these regulations, the FP Flood Plain District is created as a special district to be superimposed on other districts contained in these regulations and is to be so designated by a special symbol for its boundaries on the Zoning District Map. Except as they are in conflict with the specific requirements of the FP Flood Plain District, permitted uses, accessory uses, and signs, and requirements for off-street parking and loading, shall be determined by the requirements of the basic district regulations contained elsewhere in this ordinance.
12.3.
Warning and Disclaimer. This section does not imply that areas outside FP Flood Plain District boundaries or land uses permitted within such districts will be free from flooding or flood damages. The granting of approval of any structure or use or approval of filling shall not constitute a representation, guarantee or warranty of any kind or nature by the Town of Big Stone Gap or the Board of Zoning Appeals, or by any officer or employee of either thereof, of the practicality or safety of any structure or use proposed and shall create no liability upon or cause action against such public body, officer or employee for any damage that may result from such approval.
12.4.
Permitted Uses. A building or land shall be used only for the following purposes, subject to applicable district regulations:
1.
Agriculture and forestry, general farming, truck gardens, cultivation of field crops, orchards, nurseries, turf farming and livestock raising, including stands for sale of products raised on the premises.
2.
Open-type private or commercial recreational uses or facilities such as golf courses, driving ranges, archery ranges, tennis courts, camping areas, picnic grounds, horseback riding, drive-in-theaters, fishing lakes and boat docks.
3.
Storage yards for equipment and material not subject to major damage by floods or which may cause damage by floating away in flood waters and not including inflammables such as gasoline.
5.
Facilities and structures necessary for rendering public utility service, including poles, wires, transformers, telephone booths, and the like for normal electrical power distribution or communication service, and pipe lines or conduits for electrical, gas, sewer, or water service, but not including buildings, treatment plants, pumping or regulator stations, sub-stations and power transmission lines which are permitted as conditional uses.
6.
Accessory uses incidental to and customarily found in connection with permitted uses of the premises as determined by this section and applicable district regulations.
12.5.
Special Provisions.
1.
No structure (temporary or permanent), fill, including fill for roads and levies, deposit, obstruction, storage of materials or equipment or other uses shall be permitted, which acting alone or in combination with existing or future uses, unduly affects the efficiency or the capacity of the floodway or unduly increases flood heights. Consideration of the affects [effects] of a proposed use shall be based on a reasonable assumption that there will be an equal degree of encroachment extending for a significant reach on both sides of the stream.
2.
Any fill proposed to be deposited in the floodway must be shown to have some beneficial purpose and the amount thereof not greater than is necessary to achieve that purpose as demonstrated by a plan submitted by the owner showing the uses to which the filled land will be put and the final dimensions of the proposed fill or other material. Such fill or other materials shall be protected against erosion by riprap, vegetative cover, or bulkheading.
3.
Structures shall not be designed for human habitation and shall have a low flood damage potential. The structure or structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters.
(a)
Whenever possible, the structure shall be constructed with the longitudinal axis parallel to the direction of flood flow.
(b)
So far as practicable structures shall be placed approximately on the same flood flow lines as those of adjoining structures.
Structures shall be firmly anchored to prevent flotation which may result in damage to other structures, restriction of bridge openings and other narrow sections of the stream or river. Service facilities such as electrical and heating equipment shall be constructed at or above the regulatory flood protection elevation for the particular area.
4.
The storage or processing of materials that are buoyant, flammable, explosive or could be injurious to human, animal, or plant life in time of flooding, is prohibited. Storage of other material or equipment may be allowed if not subject to major damage by floods, firmly anchored to prevent floatation or shall be readily removable from the area within the limited time available after flood warning.
12.6.
Uses Permitted by Special Use Permit. The following uses may be permitted by special use permit if approved by the Town Council in accordance with the procedures, guides and standards of Articles 6 and 9:
1.
Circus or carnival grounds or area for similar transient amusement enterprises.
2.
Parks, parkways and playgrounds.
3.
Public utilities or public service uses, buildings, generating purification or treatment plants, pumping or regulator stations, sub-stations and transmission lines, all subject to applicable flood loss criteria.
4.
Excavation or filling, borrow pits, extraction, processing and removal of sand, gravel, stone, or other minerals and other major excavations or filling; provided that any fill proposed to be deposited in the floodway must be shown to have some beneficial purpose and the amount thereof not greater than is necessary to achieve that purpose.
12.7.
Uses Permitted as Special Exceptions. The following uses may be permitted as special exceptions if approved by the Board of Zoning Appeals in accordance with the procedures, guides and standards of Article 7 and subject to such conditions as are necessary to carry out the purpose of the FP Flood Plain District to prevent encroachment into flood plains which would unduly increase flood height and endanger life and property.
1.
Any permitted use, accessory use, or special exception, (but not conditional uses) not specifically mentioned in the FP Flood Plain District but permitted in the basic residential, business, or industrial zoning district over which the FP district is superimposed and which is of a type not to be appreciably damaged by flood water, provided that any structures so permitted shall be designed, constructed and placed on the lot so as to offer the minimum obstruction to flow of water and shall be firmly anchored to prevent the structure from floating away and thus threatening to further restrict bridge openings and other restructured sections of the stream.
2.
Minor filling of land where it is proven by topographic data, engineering and other studies that the proposed filling will not unduly increase flood height or endanger life and property.
12.8.
Floodway Fringe Area Requirements. The construction, alteration, or moving of any structure in any zone outside the Floodway Zone, but on land subject to flood, as defined by Article 10, Section 2 of this Ordinance, shall be subject to the following regulations:
1.
No building or structure shall be erected, and no existing building or structure shall be moved or altered unless the main floor of said building or structure is at a higher elevation then the 100-year flood, as defined under Article 10, Section 2, "Land Subject to Flood";
2.
No basement or other floor shall be constructed below or at a lower elevation than the main floor;
3.
Land may be filled provided such fill does not encroach into the Floodway Zone and provided such fill extends twenty-five (25) feet beyond the limits of any structure erected thereon; and
4.
Foundations of all structures shall be designed to withstand flood conditions at the site.
12.9.
Encroachment on Drainage Channels and Streams. Any structure proposed to be located within one hundred (100) feet of any main drainage channel or stream (hereafter referred to as stream) within any zone must be approved by the Board of Zoning Appeals. The Board of Zoning Appeals shall determine on the basis of the area of the watershed, and probable runoff, the opening needed for the streams or how close a structure may be built to the stream in order to assure adequate space for flow of floodwater; provided, however, no building shall be permitted within ten (10) feet of the top of bank of any stream.
(Ord. of 1-23-91; Ord. No. 02-2011, 2-8-11)
Cross reference— Flood protection generally, Ch. 9.
- DISTRICT REGULATIONS
1.1.
Purposes of the District. The purpose of this District is to permanently preserve areas of special environmental quality, recreation potential, natural beauty, historical or ecological importance, and areas needing special protection from erosion and pollution, and to further opportunities for a wide spectrum of living styles in the town, including the opportunity for privacy, natural environment and beauty, low density surroundings and recreational assets.
1.2.
Permitted Uses. A building or land shall be used only for the following purposes:
1.
Detached single-family dwellings, including cottages, cabins and second hand homes, and detached relocatable industrialized building units but not mobile homes or manufactured homes.
2.
Facilities and structures necessary for rendering public utility service, including poles, wires, transformers, telephone booths and the like for normal electrical power distribution or communication service, and pipelines or conduits for electrical, gas, sewer, or water service, but not including buildings, treatment plants, pumping or regulator stations, sub-stations and power transmission lines which are permitted as special uses.
3.
Military bases and appurtenances and parks operated by the United States Government or agencies of the Commonwealth of Virginia.
4.
Public and private forests, wildlife reservations, similar conservation projects.
5.
Recreational uses or facilities, commercially operated or for a private membership, archery range, hunting club, camping areas, picnic grounds, riding stable, or similar activities, and assessory facilities.
1.3.
Permitted Accessory Uses. Accessory uses and buildings incidental to and customarily found in connection with a permitted use of the premises, including but not limited to:
1.
Guest houses.
2.
Home occupations in a main building.
3.
Swimming pools and game courts, lighted or unlighted, for use of occupants or their guests.
4.
Signs as regulated in Section 1.4 hereunder.
5.
Accessory off-street parking and loading spaces.
1.4.
Permitted Signs. Subject to the general sign regulations of Article 6 and consisting of accessory non-illuminated or indirectly illuminated signs as follows:
1.
A name plate or directional sign, limited in area to two (2) square feet, to identify the owner or occupant of a dwelling or building or a permitted home occupation.
2.
No trespassing or no hunting signs, without limitations on number or placement, limited in area to two (2) square feet.
3.
A temporary, non-illuminated sign, limited in area to twenty (20) square feet, advertising real estate for sale or lease or announcing contemplated improvements of real estate on which it is placed.
4.
Temporary signs from two hundred (200) square feet to thirty-two (32) square feet.
1.5.
Uses Permitted by Special Use Permit. The following uses may be permitted by special use permit if approved by the Town Council in accordance with the procedures, guides and standards of Articles 6 and 9:
1.
Public or governmental buildings and uses, including parks, parkways and playgrounds except those which have been approved as a part of a subdivision plan.
2.
Public utilities or public service uses, buildings, generating, purification or treatment plants, pumping or regulator stations, sub-stations, and transmission lines.
3.
Bed and breakfast. See Article 6, section 7.
1.6.
Uses Permitted as Special Exceptions. The following uses may be permitted as special exceptions if approved by the Board of Zoning Appeals in accordance with the procedures, guides and standards of Article 7:
1.
Temporary and special use permits for a period of two (2) years or less for the following uses:
(a)
Rifle or pistol ranges, trap, or skeet shooting.
(b)
Sawmill for cutting timber grown on the premises.
(c)
Private clubs not otherwise listed as a permitted use.
1.7.
Lot Size Requirements.
*Lot area of less than 5 acres is permitted for single-family dwellings only in approved and recorded subdivisions of 5 or more lots where appropriate measures have been taken to insure maintenance of open space and permanent maximum overall density of not more than 1 dwelling unit per 5 acres.
Lot width is measured at the building line.
No minimum street frontage is required.
1.8.
Yard Requirements.
2.
Other structures same or as required in district regulations.
1.9.
Height Requirements.
1.10.
Off-Street Parking and Loading Requirements. Off-street parking and loading requirements are contained in Article 6.
(Ord. of 1-23-91; Ord. No. 10-1998, § 1, 4-14-98; Ord. No. 01-2012, 4-12-12)
2.1.
Purpose of the District. The purpose of this district is to provide for more spacious single-family residential areas and for areas not yet urban where agricultural uses are appropriate, although more intensive agricultural uses are permitted only by special use permit. The district may also include hillside areas and forests where development will be slow and sparse. In order to increase the supply of housing and to recognize the changes in demography of a neighborhood while continuing to maintain the character of the district, accessory dwelling units are permitted by special exception approved by the Board of Zoning Appeals and subject to conditions as set forth herein. In addition certain governmental, educational, religious, recreational and utility uses are permitted subject to such restrictions and requirements as will insure compatibility with residential surroundings. It may be anticipated that portions of this district will be changed to other districts as development progresses and utilities become available.
An alternative to the basic area and dimensional regulations of this district may be employed to permit cluster development with the objective of improved use of the land and more economical provision of streets and utilities.
2.2.
Permitted Uses. A building or land shall be used only for the following purposes:
1.
Detached single-family dwellings, including detached relocatable industrialized building units but not mobile homes or manufactured homes.
2.
General agriculture, farming and forestry, including tilling the soil, raising of crops, truck gardens, field crops, orchards or nurseries for growing or propation and harvesting of plants, turf, trees and shrubs and in general uses commonly classified as general agriculture, including temporary open air stands not exceeding two hundred (200) square feet in area for seasonal sales of products raised on the premises, but not including the raising of large animals, such as pigs, cows, horses, sheep, or goats, on a farm of less than ten (10) acres, and not including the raising for sale of birds, bees, fish, rabbits, or other small animals on a lot of less than two (2) acres or to such extent as to be objectionable to surrounding residences by reason of odor, dust, noise, or other factors, and provided no retail or wholesale business office or store is permanently maintained on the premises, and not including those more intensive agricultural and confinement uses which are herein defined as special agriculture and which require a special use permit, and not including commercial slaughtering or processing of animals or poultry.
3.
Churches and Sunday Schools, rectories, parish houses, convents and monasteries, temples, and synagogues.
4.
Facilities and structures necessary for rendering public utility service, including poles, wires, transformers, telephone booths and the like for electrical power distribution or communication service, and underground pipelines or conduits for electrical, gas, sewer, or water service. Public utility buildings, treatment plants, water storage tanks, pumping or regulator stations, storage yards, substations and major transmission lines are permitted by special use permits.
5.
Stable, private, or keeping of horses, ponies or other livestock for personal enjoyment and not as a business, provided that any building for keeping of animals shall be located at least 100 feet from any side or rear lot line and provided that no more than one such animal shall be kept for each acre of land on the premises.
6.
Yard sale or garage sale for disposal of used household items, provided such sales are not held more frequently than once a year on the same lot, are not conducted for more than three (3) days, and include items assembled only from households in the immediate neighborhood, and further provided that a permit has been obtained and prescribed fee paid.
2.3.
Permitted Accessory Uses. Accessory buildings and uses, incidental to and customarily found in connection with a permitted use of the premises, including but not limited to accessory private garages, farm buildings and structures, servants or caretakers quarters, guest houses, swimming pools, home occupations, accessory off-street parking and loading spaces, and accessory signs as herein regulated.
2.4.
Permitted Signs. Subject to the general sign regulations of Article 6 and consisting of accessory non-illuminated or indirectly illuminated signs as follows:
1.
Any sign permitted in the R-C Residential and Historic Conservation District.
2.
A sign, limited in area to twenty (20) square feet, for identification of a farm or estate or a subdivision or its occupants, for advertisement of farm products raised on the premises, for a church bulletin board or identification of permitted public and semi-public uses, recreational uses, or clubs.
3.
A temporary sign limited in area to thirty-two (32) square feet erected in connection with new construction work and displayed on the premises only during such time as the actual construction work is in progress.
2.5.
Uses Permitted by Special Use Permit. The following uses may be permitted by special use permit if approved by the Town Council in accordance with the procedures, guides and standards of Article 6 and 9:
1.
Special agriculture use, consisting of those intensive agricultural operations commonly known as confinement operations where large numbers of animals or fowl are confined to a relatively small space and therefore tend to produce odor, flies, rats and noise, including such operations as hog, veal and poultry pens or houses, feedlots for beef animals, hogs, sheep and other animals, and dairy farming operations.
2.
Cemeteries, including a crematorium.
3.
Convalescent homes, nursing homes or homes for the aged.
4.
Dog kennel, commercial or non-commercial, or any place where more than five (5) adult dogs are kept.
5.
Family care homes, foster homes or group homes serving mentally retarded or other developmentally disabled persons as conditional uses.
6.
Hospital or clinic for humans.
7.
Nursery schools, kindergartens, child care centers, day nursery, or day care centers.
8.
Private schools, colleges, or universities.
9.
Public or governmental buildings and uses, including schools, fire stations (volunteer or otherwise), parks, parkways and playgrounds, except those which have been approved as a part of the subdivision plan.
10.
Radio or television transmission or receiving tower more than fifty (50) feet in height.
11.
Recreational uses or facilities for a private membership, such as clubs and lodges, golf courses, game courts, swimming pools, archery range, fishing or boating lakes, picnic grounds, or similar activities, and accessory facilities, including sale of food, beverages, bait incidentals, supplies and equipment.
2.6.
Uses Permitted As Special Exceptions. The following uses may be permitted as special exceptions if approved by the Board of Zoning Appeals in accordance with the procedures, guides and standards of Article 7:
1.
Any uses permitted as special exceptions in the R-C Residential and Historical Conservation District and subject to the same conditions.
2.7.
Lot Size Requirements.
2.8.
Yard Requirements.
If street is less than fifty (50) feet in width front yard shall be at least sixty (60) feet measured from centerline.
The Administrator may make special provision for yard spaces on a steep slope as specified in Article 6.
2.
Other structures same or as required in district regulations.
2.9.
Height Requirements.
2.10.
Off-Street Parking and Loading Requirements. Off-street parking and loading requirements are contained in Article 6.
(Ord. of 1-23-91)
3.1.
Purpose of the District. The purpose of this district is to provide for low-density single-family residential development on large lots where water and sewer facilities generally are provided, together with such churches, recreational facilities, and accessory uses as may be necessary or are normally compatible with residential surroundings. Agricultural and open uses are permitted, but in general the district is located where urbanization and full utilities and public services exist or are planned for the reasonably near future.
3.2.
Permitted Uses.
1.
Detached single-family dwellings, including detached relocatable industrialized buildings but not mobile homes or manufactured homes.
2.
Churches, rectories, parish houses, convents and monasteries, temples, and synagogues, provided that churches, temples, or synagogues erected after the date of passage of this Ordinance shall have their principal means of access from a major street.
3.
Facilities and structures necessary for rendering public utility service, including poles, wires, transformers, telephone booths, and the like for normal electrical power distribution for communication service, and pipelines or conduits for electrical, gas, sewer, or water service, but not including buildings, treatment plants, pumping or regulator stations, substations and power transmission lines which are permitted as special uses.
3.3.
Permitted Accessory Uses. Accessory uses and buildings incidental to and customarily found in connection with a permitted use of the premises, including but not limited to:
1.
Guest houses.
2.
Home occupations in a main building but not including automobile repair.
3.
Private garages.
4.
Radio or television transmission or receiving tower not more than fifty (50) feet in height.
5.
Swimming pools and game courts, lighted or unlighted, for use of occupants or their guests.
6.
Signs as regulated in Section 3.4 hereunder.
7.
Temporary buildings, the uses of which are incidental to construction operations during development being conducted on the same or adjoining tract or subdivision and which shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of two (2) years of the time of erection of such temporary buildings, whichever is sooner.
8.
Accessory off-street parking and loading spaces.
3.4.
Permitted Signs. Any sign permitted in RR Rural Residential District.
3.5.
Uses Permitted by Special Use Permit. The following uses may be permitted by special use permit if approved by the Town Council in accordance with the procedures, guides and standards of Articles 6 and 9:
1.
Cemetery, including a crematorium.
2.
Hospitals and sanitariums, but not animal hospitals.
3.
Institutions, educational or philanthropic, including museums, art galleries and libraries.
4.
Public or governmental buildings and uses, including schools, fire stations (volunteer or otherwise), parks, parkways, and playgrounds.
5.
Public utilities or public service uses, buildings, generating or treatment plants, pumping or regulator stations, sub-stations, and transmission lines.
6.
Recreation facility, privately or commercially operated, such as golf courses, swimming or tennis clubs, fishing or boating lakes, picnic grounds, or similar activities, and accessory facilities, including sale of food, beverages, bait, supplies and equipment.
7.
Other special uses as follows:
(a)
A private garage for more than four (4) automobiles and floor area of more than nine hundred (900) square feet.
(b)
Convalescent homes, nursing homes, or homes for the aged.
(c)
Day nurseries or child care centers.
(d)
Private clubs not otherwise listed as permitted uses.
(e)
Radio or television transmission or receiving station or tower more than fifty (50) feet in height, provided construction and safety features are approved by the Administrator in accord with applicable regulations and provided no hazard is created in an Airport Approach Zone.
8.
Bed and breakfast. See Article 6, section 7.
3.6.
Uses Permitted As Special Exceptions. The following uses may be permitted as special exceptions if approved by the Board of Zoning Appeals in accordance with the procedures, guides and standards of Article 7:
1.
Temporary and special use permits for a period of two (2) years or less for the following uses:
(a)
Non-accessory tents for special purposes.
3.7.
Lot Size Requirements.
3.8.
Yard Requirements.
2.
Other structures same or as required in district regulations.
3.9.
Height Requirements.
3.10.
Off-Street Parking and Loading Requirements. Off-street parking and loading requirements are contained in Article 6.
(Ord. of 1-23-91; Ord. No. 10-1998, § 1, 4-14-98; Ord. No. 01-2012, 4-12-12)
4.1.
Purpose of the District. The purpose of this district is to provide for low-medium density single-family residential development on smaller lots where water and sewer facilities generally are provided, together with such churches, recreational facilities, and accessory uses as may be necessary or are normally compatible with residential surroundings. Agricultural and open uses are permitted, but in general the district is located where urbanization and full utilities and public services exist or are planned for the reasonably near future.
4.2.
Permitted Uses. A building or land shall be used only for the following purposes:
1.
Any use permitted in the R-1 Single-Family Residential District.
2.
Two-Family Dwelling.
4.3.
Permitted accessory Uses. Accessory uses and buildings incidental to and customarily found in connection with a permitted use of the premises, including but not limited to:
1.
Any accessory use permitted in the R-1 Single-Family Residential District.
4.4
Permitted Signs. Subject to the general sign regulations of Article 6 and consisting of accessory non-illuminated or indirectly illuminated signs as follows:
1.
Any sign permitted in the R-1 Single-Family Residential District.
4.5.
Uses Permitted by Special Use Permit. The following uses may be permitted by special use permit if approved by the Town Council in accordance with the procedures, guides and standards of Articles 6 and 9:
1.
Any conditional use permitted in the R-1 Single-Family Residential District.
2.
Bed and breakfast. See Article 6, section 7.
4.6.
Uses Permitted as Special Exception. The following uses may be permitted as special exceptions if approved by the Board of Zoning Appeals in accordance with the procedures, guides and standards of Article 7:
1.
Any uses permitted as special exceptions in the R-1 Single-Family Residential District and subject to the same conditions.
4.7.
Lot Size Requirements.
4.8.
Yard Requirements.
2.
Other structures same or as required in district regulations.
4.9.
Height Requirements.
4.10.
Off-Street Parking and Loading Requirements.Off-street parking and loading requirements are contained in Article 6.
(Ord. of 1-23-91; Ord. No. 10-1998, § 1, 4-14-98; Ord. No. 01-2012, 4-12-12)
5.1.
Purpose of the District. The purpose of this district is to provide for low or medium density residential use and for office buildings in attractive surroundings with types of uses and signs so controlled as to be generally compatible with medium density or low density residential surroundings. The district is intended for application either to vacant land or to developed areas where residential and other buildings are adaptable to office use and it may be applied to large or small areas if development standards are complied with. Height of office buildings is limited to three (3) stories or to two (2) stories in proximity to a low density residential district and permitted ground coverage is low to further enhance residential compatibility. Since the district will be applied to some areas already developed with detached residences, townhouses are excluded in order to protect this environment.
5.2.
Permitted Uses. A building or land shall be used only for the following purposes:
1.
Any use permitted in the R-2 Residential District.
2.
Offices and office buildings, business, professional, or administrative, provided that no retailing, wholesaling, or servicing shall be permitted on the premises nor shall the storage or display of merchandise to be serviced or offered for sale elsewhere, and there shall be no machinery or equipment other than machinery or equipment customarily found in offices.
3.
Clinics, medical or dental.
4.
Employment service or agency.
5.
Studio for an artist, designer, writer, photographer, sculptor, or musician.
5.3.
Permitted Accessory Uses. Accessory uses and buildings incidental to and customarily found in connection with a permitted use of the premises, including but not limited to the following:
a.
Any accessory use permitted in the R-2 Residential District.
b.
Coin-operated and vending machines for food, tobacco, ice, soft drinks, and sundries inside a building and for the use of occupants thereof.
c.
Lunchroom or snack bar for the use of employees who work in the building where such facility is located, provided such facility has no exterior entrances or exits.
Storage of office supplies or merchandise normally carried in stock or used in connection with a permitted use, subject to applicable district regulations and provided such storage area does not exceed ten (10) percent of the total floor area of the building.
5.4.
Permitted Signs. Subject to the general sign regulations of Article 4 and ordinances regulating structural and safety features, accessory non-illuminated or directly illuminated signs are permitted as follows:
1.
Any sign permitted in the R-2 Residential District.
2.
Flat signs limited in area to twelve (12) square feet one for each street frontage or one for each main building on the premises, to identify the address and occupants of an office, studio, or permitted business building.
3.
A detached sign limited in area to twelve (12) square feet and limited in height to ten (10) feet if there are no flat signs larger than six (6) square feet.
4.
Directional signs of any type, limited in area to two (2) square feet, in such number and in such locations as required for proper management of the premises.
5.5.
Uses Permitted by Special Use Permit. The following uses may be permitted by special use permit approved by the Town Council following report by the Planning Commission in accordance with the procedures, guides and standards of Articles 6 and 9:
1.
Any use permitted by special use permit in the R-2 Residential District except manufactured home subdivisions and manufactured home parks.
2.
Funeral home or undertaking establishment provided all hearses, or other special vehicles are parked or stored inside a completely enclosed building.
3.
Bed and breakfast. See Article 6, section 7.
5.6.
Uses Permitted as Special Exception. The following uses may be permitted as special exceptions if approved by the Board of Zoning Appeals in accordance with the procedures, guides and standards of Article 7.
1.
Any uses permitted as special exceptions in the R-l Single-family Residential District subject to the same conditions.
5.7.
Lot Size Standards.
1.
For uses permitted in the RO Residential District, the lot size standards are the same as in the R-2 District.
2.
For office and studio uses and for clinics and funeral homes the minimum lot size shall be twenty thousand (20,000) square feet with minimum lot width of one hundred (100) feet unless an existing building is to be converted to such use in which case the existing lot will be considered adequate if required parking can be provided.
3.
Building coverage shall be limited to a maximum of fifty (50) percent of lot area.
5.8.
Yard Requirements.
2.
Other principal structures same as single-family dwelling or as required in the district regulations.
The administrator may make special provision for yard spaces on steep slopes as specified in Article 6.
See sections below for special regulations for office and other business buildings.
5.9.
Special Regulations for Offices and Other Business Buildings.
1.
Site Plan Required. Site plan approval is required for both new construction or conversion of an existing building. The office building or other buildings shall be designed to promote harmonious relationships with surrounding adjacent and nearby properties, developed and undeveloped, and to this end may employ such design techniques as may be appropriate to a particular case, including location of permitted uses, orientation, spacing and setback of buildings, maintenance of natural vegetation, location of access points, size and location of signs, open spaces, and parking areas, grading, landscaping and servicing. No building shall be constructed with or altered to produce a store front, store window, or display window and there shall be no display from windows or doors. Where residential structures are to be converted to office the exterior residential character of the structure shall be retained.
2.
Access. The principal means of access for any office or other permitted business use containing more than 2,500 square feet of floor area shall be from arterial and collector thoroughfares. In no case shall the principal means of access for such building be from a minor residential street. Access points shall be designed to minimize traffic hazard and congestion in accord with accepted principles of traffic engineering and established town policies.
3.
Parking. Off-street parking for individual uses shall be provided in accord with the provisions of Article 6. No parking shall be permitted within a required front yard.
4.
Loading. Off-street loading space for individual uses shall be provided in accord with the provisions of Article 6. Loading operations shall be conducted within a building and screened from general public view from fronting streets or shall be conducted at the side or rear of buildings.
5.
Landscaping. Any part of the lot or project area not used for buildings or other structures, parking, loading and accessways, shall be landscaped with appropriate planting or with pedestrian walks in accord with an approved landscaping plan.
6.
Refuse. Refuse containers or refuse storage shall be located in a paved area and hidden from general public view, either from within or outside the premises by means of fences, walls, or landscape planting.
7.
Drainage. Provision shall be made for proper stormwater drainage. Water from parking and loading areas shall not be permitted to drain onto adjacent property except into a natural watercourse or a drainage easement.
5.10.
Height Requirements.
5.11.
Off-Street Parking and Loading Requirements. Off-street parking and loading requirements are contained in Article 6.
(Ord. No. 10-1998, § 1, 4-14-98; Ord. No. 01-2012, 4-12-12)
6.1.
Purpose of the District. The purpose of this district is to encourage variety in housing types and provide for residential densities as might be appropriate for relatively spacious garden apartment or townhouse developments in areas appropriately located for such use, which areas are served by sanitary sewers and public water systems and which are well located with respect to major thoroughfares, shopping facilities, and centers of employment. Population density and height of buildings are low enough to be generally compatible with single-family residential development in the same general neighborhood. Permitted community facilities are the same as for the single-family residential districts.
6.2.
Permitted Uses. A building or land shall be used only for the following purposes:
1.
Any use permitted in the R-1 Single-family residential district.
2.
Two-family dwellings, subject to the special regulations of Article 6.
3.
Townhouses, subject to the special regulations of Article 6.
4.
Multiple-family dwellings.
5.
Business or professional office buildings limited to two thousand five hundred (2,500) square feet.
6.
Clinic or medical office buildings limited to two thousand five hundred (2,500) square feet.
7.
Conventional type store for sale of food, tobacco, and sundries. No alcoholic beverages sold. Limited to one thousand (1,000) square feet.
8.
Bed and breakfast. See Article 6, section 7.
6.3.
Permitted Accessory Uses.
1.
Any accessory use permitted in the R-1 Single-Family Residential District.
2.
An office located in a main building for administration of a multiple-family development containing 10 or more dwelling units.
3.
A laundry for use of occupants of a multiple-family dwelling development.
4.
Coin-operated vending machines for candy, tobacco, ice, soft drinks, and sundries, inside a building and for the use of occupants of a multiple-family dwelling development.
6.4.
Permitted Signs. Subject to the general sign regulation of Article 6 and consisting of accessory non-illuminated or indirectly illuminated signs as follows:
1.
Any sign permitted in the R-1 Single-Family Residential District.
2.
A sign limited in area to ten (10) square feet, giving the name and/or address or management of a multiple-family dwelling or group of multiple-family dwellings. If such sign is placed on a marquee, awning, or canopy, the height of letters shall not exceed one (1) foot.
6.5.
Uses Permitted by Special Use Permit. The following uses may be permitted by special use permit if approved by the Town Council in accordance with the procedures, guides and standards of Articles 6 and 9:
1.
All buildings over two thousand five hundred (2,500) square feet. Business or professional office buildings.
2.
All buildings over two thousand five hundred (2,500) square feet. Clinic or medical office buildings.
3.
Hospitals and sanitariums, but not animal hospitals.
4.
Institutions, educational or philanthropic, including museums, art galleries and libraries.
5.
Public or governmental buildings and uses, including schools, fire stations (volunteer or otherwise), parks, parkways, and playgrounds.
6.
Public utilities or public service uses, buildings, generating or treatment plants, pumping or regulator stations, sub-stations, and transmission lines.
7.
Store for sale of food, tobacco, and sundries not exceeding one thousand (1,000) square feet of total floor area inside a multiple-family dwelling and primarily for the convenience of residents of a multiple-family development containing one hundred (100) or more dwelling units.
8.
Swimming or tennis club, private, non-profit, or commercially operated.
6.6.
Uses Permitted as Special Exceptions. The following uses may be permitted as special exceptions if approved by the Board of Zoning Appeals in accordance with the procedures, guides and standards of Article 7:
1.
Any uses permitted as special exceptions in the R-1 Single-Family Residential District subject to the same conditions.
6.7.
Lot Size Requirements.
*Averaging lot area for single-family dwellings is permitted only in approved subdivision of 2 or more lots. Minimum lot area may be increased for individual water supply or sewerage systems in accord with the requirements of the Health Official.
Lot width is measured at the building line.
Minimum street frontage is 25 feet.
See Article 6 for special regulations on sale of dwelling units of a two-family dwelling. If units are to be sold separately, minimums for average lot area, lot area, and lot width are one-half of values above.
*Averaging lot area for single-family dwellings is permitted only in approved subdivision of 2 or more lots. Minimum lot area may be increased for individual water supply or sewerage systems in accord with the requirements of the Health Official.
Lot width is measured at the building line.
See Article 6 for special regulations on sale of dwelling units of a two-family dwelling. If units are to be sold separately, minimums for average lot area, lot area, and lot width are one-half of values above.
See Article 6 for special regulations for townhouses.
6.8.
Yard Requirements.
See Article 6 for special regulations for townhouses.
If street is less than 50 feet in width front yard shall be at least 50 feet measured from center line.
The Administrator may make special provision for yard spaces on steep slopes as specified in Article 6.
6.9.
Height Requirements.
6.10.
Off-Street Parking and Loading Requirements. Off-street parking and loading requirements are contained in Article 6.
(Ord. of 1-23-91; Ord. No. 10-1998, § 1, 4-14-98)
7.1.
Purpose of the District. The purpose of this district is to provide for well-designed mobile or manufactured home parks or subdivisions and accessory sales and storage areas in areas where public utilities are available and to establish basic standards which will determine the character of this land use and its effect on surrounding properties. Single-family residential development is permitted as an alternative to mobile home park use.
7.2.
Permitted Uses. A building or land shall be used only for the following purposes:
1.
Any use permitted in the R-3 General Residential District subject to the lot size, yard, height and other requirements of that district.
2.
Mobile or manufactured homes subdivision, subject to the lot size, yard, height and other requirements for single-family dwellings in the R-3 General Residential District.
3.
Mobile or manufactured home park, provided:
(a)
That the mobile or manufactured home park shall comply with all sanitary and other requirements prescribed by law or regulations.
(b)
That number and location of access drives shall be controlled for traffic safety and protection of surrounding properties, that no mobile or manufactured home space shall be designed for direct access to a street outside the boundaries of the park unless approved by the zoning administrator and that the interior access drives shall be properly lighted and at least thirty (30) feet in width and hard surfaced in accord with applicable town specifications and ordinances.
(c)
That the topography of the site be such as to facilitate rapid drainage and that adequate drainage facilities be provided.
(d)
That the design evidences a reasonable effort to preserve the natural amenities of the site.
(e)
The minimum width and/or depth of the mobile or manufactured home park shall be two hundred (200) feet and a minimum total area of the park shall be one and one-half (1½) acres, including one-half the width of bordering streets except that minimum area may be one (1) acre where proposed park is to be located adjacent to an existing mobile home park containing an area of one-half acres or more.
(f)
That at least ten (10) home sites be provided in the proposed plan. No home sites shall be offered for sale or sold.
(g)
The mobile or manufactured home park shall be surrounded by a strip of open space, landscaping, or woods at least twenty-five (25) feet wide along all streets and at least ten (10) feet wide along all other lot lines.
(h)
Each mobile or manufactured home site shall be provided with individual water and sewer connections to central sewer and water systems. Such water and sewer facilities shall be subject to approval and inspection by the health official and may be either public facilities or privately owned sewer and water systems, but in either case shall be designed to serve the entire mobile or manufactured home park.
(i)
Each mobile or manufactured home site shall be provided with electrical outlets installed in accordance with applicable town codes.
(j)
Adequate area shall be provided in the design for such things as public laundry facilities and storage of recreation equipment and vehicles.
(k)
All mobile or manufactured homes are to be underpinned six (6) months after occupancy.
4.
No existing mobile or manufactured home park shall be enlarged or extended unless the entire park is brought into substantial compliance with the requirements for a new mobile or manufactured home park concerning interior access drives, off-street parking, utilities, open space and recreation area, signs, screening and landscaping.
7.3.
Permitted Accessory Uses.
1.
Any accessory use permitted in the R-3 General Residential District.
2.
For individual mobile or manufactured home sites in a mobile home park: awnings or porches, and one (1) storage building, all of materials and construction acceptable in accordance with sound building practices and not extending closer than five (5) feet to the boundaries of the individual mobile or manufactured home site.
3.
For the mobile or manufactured home park: management headquarters, recreational facilities, community building, toilets, showers, coin-operated laundry facilities and vending machines, and other uses and structures customarily incidental to operation of a mobile or manufactured home park.
4.
An area not exceeding ten (10) percent of the area of a mobile or manufactured home park and not exceeding two (2) acres, whichever is smaller, for the sales of mobile or manufactured homes, including an office unit, the display of model units, and the open storage of units for sale, provided:
(a)
Such area is separated from the remainder of the mobile or manufactured home park by a continuous visual screen with a minimum height of eight (8) feet, such screen consisting of a compact evergreen hedge or foliage screening or a louvered fence or wall.
(b)
The principal access to the sales and storage area shall not be from an interior drive, there shall be adequate off-street parking (ten (10) spaces minimum).
(c)
No lighting fixture for night sales shall exceed ten (10) feet in height and all lighting shall be directed or shielded so as not to produce glare outside the sales area.
(d)
The sales, display and storage areas shall not be counted in determining minimum mobile or manufactured home park area and the units displayed or stored shall not be occupied and shall not be counted in determining permissible density of units.
5.
In a mobile or manufactured home park of twenty (20) or more units, a small grocery store, restaurant, beauty shop, barber shop, laundry and dry cleaning, or other similar convenience establishment, provided:
(a)
Such establishment and parking areas primarily related to their operations shall not occupy more than fifteen (15) percent of the area of the park.
(b)
Such establishments shall be restricted in their use to occupants of the park.
(c)
Such establishments shall present no visible evidence of commercial character which would attract customers other than occupants of the park.
7.4.
Permitted Signs. Subject to the general sign regulations of Article 6 and consisting of accessory non-illuminated or indirectly illuminated signs as follows:
1.
Any sign permitted in the R-3 General Residential District.
2.
A sign limited in area to twenty (20) square feet, giving the name and/or address or management of a mobile or manufactured home park.
3.
A sign limited in area to twenty (20) square feet advertising mobile or manufactured homes for sale or lease if located in an approved accessory sales area.
7.5.
Uses Permitted by Special Use Permit. The following uses may be permitted by special use permit if approved by the Town Council in accordance with the procedures, guides and standards of Articles 6 and 9:
1.
Any special use permitted in the R-3 General Residential District.
7.6.
Uses Permitted as Special Exceptions. The following uses may be permitted as special exceptions if approved by the Board of Zoning Appeals in accordance with the procedures, guides and standards of Article 7:
1.
Any special exception permitted in the R-1 Single-Family Residential District and subject to the same conditions.
7.7.
Lot Size, Density and Site Requirements.
1.
For uses permitted in the R-3 General Residential District, the lot size requirements are the same as for that district.
2.
In a mobile or manufactured home subdivision, the lot size requirements are the same as for a single-family dwelling in the R-3 General Residential District.
3.
In a mobile or manufactured home park:
(a)
The maximum density of units in a mobile or manufactured home park shall be ten (10) per gross acre and the minimum area for a mobile or manufactured home site for parking one (1) mobile or manufactured home shall be three thousand (3,000) square feet with no dimension less than forty (40) feet, and with corners of each site visibly marked and numbered by a permanent marker. Adjustments between sites may be approved in order to preserve natural amenities. No more than one mobile or manufactured home shall be parked on any one (1) site.
(b)
In addition to the requirement of (a) above, an open space or spaces of not less than four thousand (4,000) square feet accessible to all mobile or manufactured home occupants and suitable for use as a recreational land area shall be provided within the mobile or manufactured home park at a ratio of a minimum of four hundred (400) square feet of recreational area per mobile or manufactured home site in such park.
7.8.
Yard Requirements.
1.
For uses permitted in the R-3 General Residential District, the yard requirements are the same as for that district.
2.
In a mobile or manufactured home subdivision the yard requirements are the same as in the R-3 General Residential District.
3.
In a mobile or manufactured home park, no mobile or manufactured home shall be parked closer than fifty (50) feet from a public street or road, ten (10) feet from an interior access drive, or twenty-five (25) feet from any other mobile or manufactured home or service building and no part of a mobile or manufactured home shall extend closer than five (5) feet to the boundaries of the individual mobile or manufactured home site.
7.9.
Height Requirements.
7.10.
Off-Street Parking and Loading Requirements.
1.
At least one (1) off-street parking space shall be provided on each mobile or manufactured home site, and in addition off-street parking spaces for automobiles shall be provided in the ratio of one-half space per mobile or manufactured home in locations convenient to groups of homes. No parking shall be permitted on the street.
2.
Additional off-street parking and loading requirements are contained in Article 6.
(Ord. of 1-23-91)
8.1.
Purpose of the District. The purpose of this district is to provide primarily for retail shopping and personal service uses, to be developed either as a unit or in individual parcels, to serve the needs of a relatively small area, primarily nearby, low-density or medium-density residential neighborhoods. To enhance the general character of the district and its compatibility with its residential [neighbors] signs are limited to those accessory to businesses conducted on the premises and the number, area, and types of signs are limited.
8.2.
Permitted Uses. A building or land shall be used only for the following purposes:
1.
Any use permitted in the R-2 Single-Family Residential District.
2.
Bakeries occupying not more than two thousand five hundred (2,500) square feet of floor area and provided all products produced on the premises shall be sold at retail on the premises.
3.
Banks, drive-in or otherwise, so long as driveway space shall be provided off the street for all vehicles awaiting for drive-in service.
4.
Barber shops or beauty parlors.
5.
Bicycle sales and repair shops.
6.
Catering or delicatessen business.
7.
Clinics.
8.
Dry-cleaning or pressing pickup stations or shops occupying not more than two thousand five hundred (2,500) square feet of floor area and using no cleaning fluid whose base is petroleum or one of its derivatives.
9.
Flower shops and greenhouses incidental thereto.
10.
Frozen food lockers for individual or family use.
11.
Hospital or clinic for small animals, dogs, cats, birds, and the like, provided that such hospital or clinic and any treatment rooms, cages, pens, or kennels, be maintained within a completely enclosed, soundproof building, and that such hospital or clinic be operated in such a way as to produce no objectionable noise or odors outside its walls.
12.
Ice distribution stations, automatic, or other drive-in automatic vending machine, station. Groups of vending machines shall be contained in a building.
13.
Laundromats or self-service dry-cleaning establishments.
14.
Laundries occupying not more than two thousand five hundred (2,500) square feet of floor space.
15.
Laundry and dry-cleaning establishments (combined operation) occupying not more than five thousand (5,000) square feet of floor area and using no cleaning fluid whose base is petroleum or one of its derivatives.
16.
Nurseries for growing plants, trees and shrubs.
17.
Offices, general business or professional.
18.
Pet shop or dog beauty parlor, provided that any work rooms, cages, pens or kennels be maintained within a completely enclosed, soundproof building and that such shop or parlor be operated in such a way as to produce no objectionable noise or odors outside its walls.
19.
Parking lots, parking spaces and parking areas, but not automobile sales or storage lots, used or new automobiles, or motorcycle sales or storage, or junk lots.
20.
Private club, lodge, or meeting hall.
21.
Restaurants, but not drive-in restaurants.
22.
Shoe repairing shops occupying not more than two thousand five hundred (2,500) square feet of floor area.
23.
Shops for the sale, service, or repair of home appliances, office machines, electrical and television and radio equipment occupying not more than two thousand five hundred (2,500) square feet of floor area.
24.
Stores or shops for the conduct of retail business, including sale of accessories, antiques, appliances, beverages, but not alcoholic beverages, carpets, clothing, drugs, fabrics, food, furniture, garden supplies, groceries, hardware, hobby supplies, office supplies, paint, sporting goods, and stationery and similar stores and shops.
25.
Studios for artists, photographers, teachers, sculptors or musicians.
26.
Telephone station or booth, including drive-in or talk-from-car stations.
27.
Undertaking businesses or establishments or funeral homes.
28.
Bed and breakfast. See Article 6, section 7.
8.3.
Permitted Accessory Uses.
1.
Any accessory use permitted in the R-2 Single-Family Residential District.
8.4.
Permitted Signs. Subject to the general sign regulations of Article 6 and consisting of accessory non-illuminated or indirectly illuminated signs as follows:
1.
Flat signs, with total aggregate sign area not more than ten (10) percent of the area of walls fronting on a street and no one (1) sign with sign area of more than one hundred (100) square feet. Illuminated signs inside of show windows and within five (5) feet of such windows shall be included in the computation of sign area, and in addition, shall be limited to ten (10) percent of the total glass area of the window in which they are placed.
2.
Projecting signs, if there are no marquee or detached signs, one (1) for each business on the premises, with sign area limited to twenty (20) square feet. The sign shall be ten (10) or more feet from ground level to the bottom of the sign.
3.
Detached signs, if there are no projecting signs, limited in area to fifty (50) square feet and limited in height to twenty (20) feet, one (1) for each business on the premises. A group of three (3) or more contiguous stores such as form a shopping center, may combine permitted detached sign area to provide a single detached sign advertising the group if there are no other detached signs and if the combined sign area does not exceed one hundred fifty (150) feet.
4.
Marquee signs, if there are no projecting signs, two (2) for each business on the premises, with sign area for each sign limited to three (3) square feet.
5.
Temporary, non-illuminated paper signs in show windows, limited to twenty (20) percent of the total glass area of the window in which they are placed.
6.
Directional signs limited in area to two (2) square feet, giving directions to motorists regarding the location of parking areas and access drives, shall be permitted as accessory signs and not included in any computation of sign area.
8.5.
Uses Permitted by Special Use Permit. The following uses may be permitted by special use permit if approved by the Town Council in accordance with the procedures, guides and standards of Articles 6 and 9:
1.
Any special use permitted in the R-1 Single-Family Residential District.
2.
Drive-in restaurant.
3.
Filling stations, so long as bulk storage of inflammable liquids is underground and provided no lighting fixture extends to a height greater than twenty-five (25) feet.
4.
Hotel, motel or motor lodge.
5.
Theatre, but not a drive-in theatre.
8.6.
Uses Permitted as Special Exceptions. The following uses may be permitted as special exceptions if approved by the Board of Zoning Appeals in accordance with the procedure, guides and standards of Article 7:
1.
Any special exception permitted in the R-1 Single-Family Residential District and not a permitted use listed in Section 6.1 above.
2.
Signs in excess of twenty-five (25) feet in height but no greater area or number than permitted in the district regulations.
8.7.
Lot Size Requirements.
1.
For dwellings and other uses permitted in the R-2 Single-Family Residential District the lot size requirements are the same as in the R-2 Single-Family Residential District.
2.
For other permitted uses there are no minimum lot size requirements except as may be required to meet sanitary standards.
8.8.
Yard Requirements.
Side and rear yards required only if adjacent to a Residential District. In 1 and 2 above, if street is less than 50 feet in width, front yard shall be at least 75 feet measured from center line.
8.9.
Height Requirements.
8.10.
Off-Street Parking and Loading Requirements.Off-street parking and loading requirements are contained in Article 6.
(Ord. of 1-23-91; Ord. No. 10-1998, § 1, 4-14-98)
9.1.
Purpose of the District. The purpose of this district is to provide sufficient space in appropriate locations for a wide variety of commercial and miscellaneous service activities, generally serving a wide area and located particularly along certain existing major thoroughfares where a general mixture of commercial and service activity now exists, but which uses are not characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or the nuisance factors of dust, odor, and noise, associated with manufacturing.
9.2.
Permitted Uses. A building or land shall be used only for the following purposes:
1.
Any use permitted in the R-3 General Residential District.
2.
Any use permitted in the B-1 Local Business District.
3.
Amusement places or theatres, except open-air drive-in theaters. Amusement places include bowling alleys, dance halls subject to applicable county regulations, skating rinks, swimming pools, miniature golf, billiard or pool parlors, indoor model racing tracks, and similar activities.
4.
Animal hospital or kennel but with no open pens.
5.
Automobile or truck sales, service, and repair, but not auto salvage or junk, and any major repair or storage of equipment or materials or damaged vehicles shall be inside a completely enclosed building.
6.
Bakeries.
7.
Boat and boat trailer sales and storage.
8.
Bottling works, dyeing and cleaning works or laundry, plumbing and heating shop, painting shop, upholstering shop not involving furniture manufacture, tinsmithing shop, tire sales and service (including vulcanizing and re-capping, but no manufacturing), appliance repairs, and general service and repair establishments, similar in character to those listed in this item; provided that no outside storage of material is permitted except as provided in this section.
9.
Bus station and taxi stations.
10.
Car-wash or automobile laundry, automatic or otherwise, providing reservoir space for not less than ten (10) vehicles for each washing lane of an employee-operated facility.
11.
Data processing center.
12.
Drive-in restaurants.
13.
Service stations, so long as bulk storage of inflammable liquids is underground.
14.
Garages, parking or storage.
15.
Hotels, motels, motor lodges, or tourist homes.
16.
Lawnmower, yard and garden equipment, rental sales and service.
17.
Lumber and building materials store, but not a lumber yard.
18.
Material storage yards, in connection with a permitted use where storage is incidental to the approved occupancy of the building, provided all products and materials used or stored are enclosed by a masonry wall, screening, fence, or hedge, not less than six (6) feet in height. Storage of all materials and equipment shall not exceed the height of the wall. Storage of cars and trucks used in connection with the permitted trade or business is permitted within the walls or screen, but not including storage of heavy equipment, such as road-building or excavating equipment.
19.
Mobile homes sales, display and storage, or sales, display and storage of travel trailers and campers, provided that all units shall be in usable condition, none shall be placed in a required front yard, the minimum parcel area shall be one-half acre, the storage area be separated from the display area by a continuous visual screen with a minimum height of eight (8) feet, such screen consisting of a compact evergreen hedge or foliage screening or louvered fence or wall, and the entire area shall be similarly screened from any contiguous residential district.
20.
Monument sales establishments with incidental processing to order, but not including the shaping of headstones.
21.
Printing, publishing and engraving establishments.
22.
Radio and television stations and studios or recording studios, but not towers more than one hundred twenty-five (125) feet in height.
23.
Rental of luggage trailers but not including truck trailer bodies except campers.
24.
Schools for industrial training, trade, or business.
25.
Used car sales and storage lots.
26.
Wholesale establishments with not more than two thousand five hundred (2,500) square feet of accessory storage per establishment.
27.
Bed and breakfast. See Article 6, section 7.
9.3.
Permitted Accessory Uses.
1.
Any accessory use permitted in the R-3 General Residential District.
2.
Storage of office, supplies or merchandise normally carried in stock in connection with a permitted office, business, or commercial use subject to applicable district regulations.
9.4.
Permitted Signs. Subject to the general sign regulations of Article 6 and consisting of accessory or non-accessory illuminated or non-illuminated signs as follows:
1.
Flat signs, general advertising or otherwise, with total aggregate sign area not more than ten (10) percent of the area of walls fronting on a street and no one (1) sign with sign area of more than two hundred (200) square feet. Illuminated signs inside of show windows and within five (5) feet of such windows shall be included in the computation of sign area, and in addition, shall be limited to ten (10) percent of the total glass area of the window in which they are placed.
2.
Projecting signs with sign area limited to fifty (50) square feet and at least ten (10) feet from the bottom of sign to ground level.
3.
Detached signs, limited in area to one hundred fifty (150) square feet and limited in height to thirty-five (35) feet. A group of three (3) or more contiguous stores such as form a shopping center may combine permitted detached sign area to provide a single detached sign advertising the group if there are no other detached signs and if the combined sign area does not exceed three hundred (300) square feet.
4.
Marquee signs, if there are no projecting signs, two (2) for each business on the premises, with sign area for each sign limited to five (5) square feet.
5.
Temporary, non-illuminated paper signs in show windows, limited to twenty (20) percent of the total glass area of the window in which they are placed.
6.
Directional signs limited in area to two (2) square feet, giving directions to motorists regarding the location of parking areas and access drives, shall be permitted as accessory signs and not included in any computation of sign area.
7.
Billboard signs as defined in Article 6, Section 3 of this Ordinance, provided that the following requirements shall be met:
(a)
No billboard sign shall exceed three hundred (300) square feet in area.
(b)
No billboard sign shall exceed a total height of thirty-five (35) feet.
(c)
No two (2) billboard signs shall be located less than five hundred (500) feet apart along the same side of a street of highway, as measured parallel to the edge of the roadway. Back to back or V-shaped signs are allowed, provided the interior angle does not exceed ninety (90) degrees.
(d)
No billboard shall be located within twenty-five (25) feet of any street line or within one hundred (100) feet of any intersection of street lines or the boundary of any Residential District.
(e)
No billboard shall be located more than five hundred (500) feet from an existing business.
9.5.
Uses Permitted by Special Use Permit. The following uses may be permitted by special use permit if approved by the Town Council in accordance with the procedures, guides and standards of Articles 6 and 9:
1.
Any special use permitted in the R-1 Single-Family District.
2.
Wholesale establishment or warehouse with up to fifteen thousand (15,000) square feet of floor area.
3.
A business or commercial building greater in height than three (3) stories or forty (40) feet.
9.6.
Uses Permitted as Special Exceptions. The following uses may be permitted as special exceptions if approved by the Board of Zoning Appeals in accordance with the procedures, guides and standards of Article 7:
1.
Any special exception permitted in the R-1 Single-Family Residential District and not a permitted use listed in Section 7.2 above.
2.
Signs in excess of thirty-five (35) feet in height but of no greater area or number than permitted in the district regulations.
9.7.
Lot Size Requirements.
1.
For permitted dwellings and other uses permitted in the R-3 General Residential District the lot size requirements are the same as in that district.
2.
For other permitted uses there are no minimum lot size requirements except as may be required by the health official to meet sanitary standards.
9.8.
Yard Requirements.
;sz=8;;le=2;Side and rear yards required only if adjacent to a Residential District. In 1 and 2 above, if street is less than 50 feet in width, front yard shall be at least 75 feet measured from center line.
;sz=10;;le=2;3.
Commercial structure in an area where 50% of structures are less than 50 feet to lot line with approval of Zoning Administrator, may build in line with said buildings.
9.9.
Height Requirements.
9.10.
Off-Street Parking and Loading Requirements. Off-street parking and loading requirements are contained in Article 6.
(Ord. of 1-23-91; Ord. No. 10-1998, § 1, 4-14-98)
10.1.
Purpose of the District. This district is intended to encompass the retail, service, and office core of the central business district and permits a wide variety of uses to provide basic services to Big Stone Gap trading area. A few light manufacturing uses are permitted, but general manufacturing and warehousing, or uses which tend to generate heavy truck traffic or require open storage of materials are prohibited. Off-street parking lots and garages are essential uses but he regulations recognize the difficulty in this area of each use providing its own parking. Taller buildings and higher densities of population are permitted.
10.2.
Permitted Uses. A building or land shall be used only for the following purposes:
1.
Any use permitted in the R-3 General Residential District.
2.
Any use permitted in the B-1 Local Business District.
3.
Amusement places or theaters, except open-air drive-in theaters. Amusement places include bowling alleys, skating rinks, miniature golf, billiard or pool parlors, indoor model racing tracks, and similar activities.
4.
Automobile or truck sales, service, and repair, but not auto salvage or junk, and any major repair or storage of equipment or materials or damaged vehicles shall be inside a completely enclosed building.
5.
Bakeries occupying not more than five thousand (5,000) square feet of floor area.
6.
Boat and boat trailer sales and storage.
7.
Bottling works, dyeing and cleaning works or laundry, plumbing and heating shop, painting shop, upholstering shop not involving furniture manufacture, tinsmithing shop, tire sales and service (including vulcanizing but no manufacture), appliance repairs, and general service and repair establishments, similar in character to those listed in this item; provided that no outside storage of material is permitted except as provided in this section, and further provided that no use permitted in this item shall occupy more than five thousand (5,000) square feet of floor area.
8.
Bus station.
9.
Data processing center.
10.
Garages, parking or storage.
11.
Hotels, motels, motor lodges, or tourist homes.
12.
Lawnmower, yard and garden equipment, rental sales and services.
13.
Lumber and building materials store, but not a lumber yard.
14.
Material storage yards, in connection with a permitted use where storage is incidental to the approved occupancy of the building, provided all products and materials used or stored are enclosed by a masonry wall, screening, fence, or hedge, not less than six (6) feet in height. Storage of all materials and equipment shall not exceed the height of the wall. Storage of cars and trucks used in connection with the permitted trade or business is permitted within the walls or screen, but not including storage of heavy equipment, such as road-building, excavating equipment or trailer trucks.
15.
Monument sales establishments with incidental processing to order, but not including the shaping of headstones.
16.
Parking lots, parking space and parking areas.
17.
Printing, publishing and engraving establishments.
18.
Radio and television stations and studios or recording studio, but not towers more than one hundred twenty-five (125) feet in height.
19.
Service stations, so long as bulk storage of inflammable liquids is underground.
20.
Schools for industrial training, trade, or business.
21.
Taxi stations provided they are permanent structures.
22.
Wholesale establishments with not more than two thousand five hundred (2,500) square feet of accessory storage per establishment.
23.
Bed and breakfast. See Article 6, section 7.
10.3.
Permitted Accessory Uses.
1.
Any accessory use permitted in the R-3 General Residential District.
2.
Storage of office supplies or merchandise normally carried in stock in connection with a permitted office, business, or commercial use subject to applicable district regulations.
3.
Swimming pools for hotels, motels, motor lodges, or tourist homes.
10.4.
Permitted Signs. Subject to the general sign regulations of Article 6 and consisting of accessory or non-accessory illuminated or non-illuminated signs as follows:
1.
Flat signs, general advertising or otherwise, with total aggregate sign area not more than ten (10) percent of the area walls fronting on a street and no one (1) sign with sign area of more than two hundred (200) square feet. Illuminated signs inside of show windows and within five (5) feet of such windows shall be included in the computation of sign area, and in addition, shall be limited to ten (10) percent of the total glass area of the window in which they are placed.
2.
Projecting signs with sign area limited to twenty-five (25) square feet and at least ten (10) feet from the bottom of sign to ground level.
3.
Detached signs, limited in area to fifty (50) square feet and limited in height to thirty-five (35) feet. A group of three (3) or more contiguous stores such as form a shopping center may combine permitted detached sign area to provide a single detached sign advertising the group if there are no other detached signs and if the combined sign area does not exceed one hundred fifty (150) square feet.
4.
Marquee signs, if there are no projecting signs, two (2) for each business on the premises, with sign area for each sign limited to five (5) square feet.
5.
Temporary, non-illuminated paper signs in show windows, limited to twenty (20) percent of the total glass area of the window in which they are placed.
6.
Directional signs limited in area to two (2) square feet, giving directions to motorists regarding the location of parking areas and access drives, shall be permitted as accessory signs and not included in any computation of sign area.
10.5.
Uses Permitted by Special Use Permit. The following uses may be permitted by special use permit if approved by the Town Council in accordance with the procedures, guides and standards of Articles 6 and 9:
1.
Any special use permitted in the R-1 Single-Family Residential District.
2.
Wholesale establishment or warehouse with up to five thousand (5,000) square feet of floor area.
3.
A business or commercial building greater in height than five (5) stories or seventy-five (75) feet.
10.6.
Uses Permitted as Special Exceptions. The following uses may be permitted as special exceptions if approved by the Board of Zoning Appeals in accordance with the procedures, guides and standards of Article 7:
1.
Any special exception permitted in the R-1 Single-Family Residential District and not a permitted use listed in Section 8.2 above except for the raising for sale of birds, bees, fish, rabbits or other small animals.
2.
Signs in excess of thirty-five (35) feet in height but of no greater area or number than permitted in the district regulations.
10.7.
Lot Size Requirements.
1.
For permitted dwellings and other uses permitted in the R-3 General Residential District the lot size requirements are the same as in that district.
2.
For other permitted uses there are no minimum lot size requirements except as may be required by the health official to meet sanitary standards.
10.8.
Yard Requirements.
10.9.
Height Requirements.
10.10.
Off-Street Parking and Loading Requirements. Off-street loading requirements are contained in Article 6. There are no off-street parking requirements in the B-3 Central Business District.
(Ord. of 1-23-91; Ord. No. 10-1998, § 1, 4-14-98)
11.1.
Purpose of the District. The purpose of this district is to provide for a wide variety of manufacturing, fabricating, processing, wholesale distributing and warehousing uses appropriately located for access by major thoroughfares or railroads, but to restrict or prohibit those industries which have characteristics likely to produce serious adverse effects within or beyond the limits of the district. Certain potentially hazardous industries are permitted only after public hearings and review to assure protection of the public interest and surrounding property and persons. Commercial uses and open storage of materials are permitted but new residential development is excluded.
11.2.
Permitted Uses. A building or land shall be used only for the following purposes, consisting of business, commercial, and general industrial warehousing, and storage uses, including, certain open or enclosed storage of products, materials, and vehicles, and including the following uses and any similar uses which are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences than the minimum amount normally resulting from other uses listed, and manufacture, compounding, processing, packaging or treatment, as specified, of the following products or similar products:
[1.]
Any agricultural, business, commercial or office uses permitted in the B-1 or B-2 Business Districts.
[2.]
Dwellings for resident watchmen and caretakers employed on the premises.
[3.]
Abrasive wheels or stones, abrasive paper, cloth and related products.
[4.]
Agricultural or farm implements, manufacture, sale, storage or repair.
[5.]
Aircraft and aircraft parts.
[6.]
Aluminum extrusion, rolling, fabricating and forming, foundry products, (electrical only), blacksmith shop.
[7.]
Animal hospital or animal pound.
[8.]
Automobiles, tractors, trucks, buses, truck trailers, motorcycles and bicycles, repair and assembly, transmission repair service, radiator repair and cleaning, tire retreading, recapping and vulcanizing.
[9.]
Boats, bolts, buttons, nuts, screws, and rivets, ornamental iron products, firearms, tools, dies, machinery, and hardware products, sheetmetal products, and vitreous enameled metal products.
[10.]
Boxes, containers, furniture, cabinets, baskets, and other wood metal, fiber or plastic products of similar nature.
[11.]
Building materials (cement, lime in bags or containers), sand, gravel, stone, lumber, structural or reinforcing steel, pipe (and the like) storage and sales, open or enclosed, but not manufacture or steel fabricating or junk storage.
[12.]
Carpets, rugs, mats, bedding, mattresses, pillows, quilts, millinery, hosiery, clothing and fabrics, printing, and finishing of textiles and fibers into fabric goods.
[13.]
Cleaning and dyeing of garments, hats, carpets and rugs.
[14.]
Coal and wood yards, coke storage and sales but not manufacture.
[15.]
Contractor's equipment storage yard or plant or rental of equipment commonly used by contractors.
[16.]
Cosmetics and toiletries, perfumes, soaps, drugs, and pharmaceutical products (compounding only).
[17.]
Electrical appliances or electronic instruments and devices, medical, optical or drafting equipment, toys, novelties, games, stamps, musical instruments, manufacture or assembly.
[18.]
Excelsior, wood fiber.
[19.]
Exterminating establishment.
[20.]
Facilities and structures necessary for rendering utility service. Including poles, wires, transformers and the like for normal electrical power distribution or communication service, and pipelines, or conduits for electrical, gas, sewer, or water service, but not including buildings, treatment plants, pumping or regulator stations, substations and power transmission lines which are permitted as conditional uses.
[21.]
Fertilizer storage in bags or bulk storage of liquid or dry fertilizer in tanks or in a completely enclosed building, but not manufacture or processing.
[22.]
Flour, storage, blending and packaging, but not milling.
[23.]
Food products, candy, chewing gum, cocoa, coffee, tea and spices, beverage blending or bottling, bakery products, dairy products, cheese and ice cream, oleomargarine, fruit and vegetable processing and canning, cider and vinegar, pickles and vegetable relishes, packing and processing of fish, seafood, meat and poultry products, but not distilling of beverages or slaughtering of animals.
[24.]
Grain storage, blending and packaging, but not milling.
[25.]
Greenhouses, commercial, wholesale or retail.
[26.]
Heating, ventilating, cooking and refrigeration supplies and appliances.
[27.]
Ice manufacture, including dry ice.
[28.]
Insecticides, fungicides, disinfectants, and related industrial and household chemical elements (blending only).
[29.]
Kennels, boarding or otherwise.
[30.]
Laboratories, research, experimental or testing but not including combustion engine testing.
[31.]
Laundries, linen service.
[32.]
Leather goods manufacture, but not including tanning operations.
[33.]
Lumber yard, planing and millwork.
[34.]
Monuments and architectural stone.
[35.]
Paper and paperboard (from paper machine only) but not pulp mills.
[36.]
Plating, electrolytic process.
[37.]
Plumbing supplies, manufacture, sale, or storage.
[38.]
Pottery and figurines or similar ceramic products and kilns (fired by electricity or gas only).
[39.]
Printing, publishing and engraving, photographic processing or blueprinting.
[40.]
Pulp goods, pressed or molded (including paper mache products), paper products, but not manufacture of paper.
[41.]
Poultry packing and slaughtering (wholesale).
[42.]
Radio or television broadcasting station, studios, offices, towers.
[43.]
Railroad switching yard, primarily for railroad service in the district, team tracks and spur tracks.
[44.]
Rubber products and rubber synthetic treated fabrics (excluding all rubber and synthetic processing).
[45.]
Sawmill (including cooperage stock mill) stationary and planing mill.
[46.]
Sign fabrication and painting shop.
[47.]
Soap products, but not soap manufacture.
[48.]
Stone products, sand and gravel, but not crushing or grinding.
[49.]
Structural iron and steel fabrication.
[50.]
Theaters, including open-air drive-in theaters.
[51.]
Truck terminal, freight.
[52.]
Wallboard and plaster, building insulation and composition flooring.
[53.]
Warehouses, wholesale houses and distributors, wholesale market.
[54.]
Wire rope and cable.
[55.]
Wood chip and fiberboard.
Where any doubt exists as to the nature of a proposed use, product or process, the proposal shall be considered as a potentially hazardous use and referred to the Board of Zoning Appeals for decision after public hearing.
11.3.
Potentially Hazardous Uses. The following uses or the manufacture, compounding, processing, packaging, or treatment of products not specifically listed above or below, but which may, in the opinion of the Administrator, have accompanying hazards, such as fire, explosion, noise, vibration, dust, or the emission of smoke, odor, toxic gasses or other pollutants, may, if not in conflict with any state or county law or ordinance, be located in the I Industrial District, only after the location and nature of such use shall have been approved by the Board of Zoning Appeals after public hearing, as provided in Article 7. The Board shall review the plans and statements and shall not permit such buildings, structures, or uses until there has been shown that the public health, safety, morals, and general welfare will be properly protected, and that necessary safeguards will be provided for the protection of lakes, streams or other water areas or surrounding property and persons. The Board, in reviewing the plans and statements, shall consult with other agencies created for the promotion of public health and safety, and shall pay particular attention to protection of the county and its neighbors from the harmful effects of air or water pollution of any type.
[1.]
Adhesives, glue or size.
[2.]
Ammunition, and explosives storage.
[3.]
Automobile wrecking yard.
[4.]
Candles, including wax or tallow manufacture.
[5.]
Cider and vinegar.
[6.]
Concrete products or central mixing and proportioning plant.
[7.]
Distillery (alcoholic), breweries and alcoholic spirits (non-industrial).
[8.]
Engine testing (internal combustion engines), but not jet engines or rockets.
[9.]
Explosives, ammunition and fireworks, and explosives storage.
[10.]
Extraction, processing, loading and transportation of coal and other minerals.
[11.]
Film, photographic.
[12.]
Flour, feed and grain milling.
[13.]
Foundry or forge plant.
[14.]
Galvanizing or plating (hot dip).
[15.]
Glass and glass products.
[16.]
Hides and raw fur, curing, tanning, dressing, dyeing and storage.
[17.]
Insecticides, fungicides, disinfectants, or related industrial or household chemical compounds.
[18.]
Junk yards, open or enclosed storage of junk.
[19.]
Leather tanning and curing.
[20.]
Linoleum and other hard-surface floor coverings (except wood).
[21.]
Match manufacture.
[22.]
Meat or fish products, including slaughtering of animals or poultry or preparation of fish for packing.
[23.]
Oils, shortenings, and fats (edible), manufacture and storage.
[24.]
Paint, oil, shellac, turpentine, or varnish.
[25.]
Petroleum storage.
[26.]
Plastic material and synthetic resins, processing only.
[27.]
Railroad switching and classification yards, repairs and cleaning shops, round houses, power houses, interlocking towers, and fueling, sanding, and watering stations.
[28.]
Rubber products, natural or synthetic, including tires, tubes and similar products.
[29.]
Starch manufacture.
[30.]
Stockyard.
[31.]
Wood preserving treatment.
11.4.
Permitted Accessory Uses.
1.
Storage of goods or materials used in or produced by permitted commercial and industrial uses or related activities, subject to applicable district regulations.
11.5.
Permitted Signs. Subject to the general sign regulations of Article 6 and consisting of accessory or non-accessory illuminated or non-illuminated signs as follows:
1.
Flat signs, general advertising or otherwise.
2.
Projecting signs, with sign area limited to fifty (50) square feet.
3.
Detached signs, limited in area to one hundred fifty (150) square feet and limited in height to thirty-five (35) feet. A group of three (3) or more contiguous stores or industrial uses may combine permitted detached sign area to provide a single detached sign advertising the group if there are no other detached sign advertising the group if there are not other detached signs and if the combined sign area does not exceed three hundred (300) square feet.
4.
Marquee signs, if there are no projecting signs, two (2) for each business on the premises, with sign area for each sign limited to five (5) square feet.
5.
Temporary, non-illuminated paper signs in show windows.
6.
Directional signs giving directions to motorists regarding the location of parking areas and access drives, shall be permitted as accessory signs and not included in any computation of sign area.
7.
Billboard signs as defined in Article 6, Section 3 of this Ordinance, provided that the following requirements shall be met:
(a)
No billboard sign shall exceed three hundred (300) square feet in area.
(b)
No billboard sign shall exceed a total height of thirty-five (35) feet.
(c)
No two billboard signs shall be located less than five hundred (500) feet apart along the same side of a street of highway, as measured parallel to the edge of the roadway. Back to back or V-shaped signs are allowed, provided the interior angle does not exceed ninety (90) degrees.
(d)
No billboard shall be located within twenty-five (25) feet of any street line or within one hundred (100) feet of any intersection of street lines or the boundary of any Residential District.
(e)
No billboard shall be located more than five hundred (500) feet from an existing buisness.
11.6.
Uses Permitted by Special Use Permit. The following uses may be permitted by special use permit if approved by the Town Council in accordance with the procedures, guides and standards of Articles 6 and 9:
1.
Fire stations.
2.
Incinerator, industrial or public.
3.
Public utilities or public service uses, buildings, generating or treatment plants, pumping or regulator stations, sub-stations, and transmission lines.
11.7.
Uses Permitted as Special Exceptions. The following uses may be permitted as special exceptions if approved by the Board of Zoning Appeals in accordance with the procedures, guides and standards of Article 7:
1.
Accessory identification signs or general advertising signs advertising products produced on the premises, detached, subject to the general sign regulations of Article 6, no limit on area.
11.8.
Lot Size Requirements.
1.
All uses: None except as may be required by the health official to meet sanitary standards.
11.9.
Yard Requirements.
11.10.
Height Requirements.
11.11.
Off-Street Parking and Loading Requirements. Off-street parking and loading requirements are contained in Article 6.
(Ord. of 1-23-91)
12.1
Incorporation of the Flood Protection Ordinance. Article III, Section 9-17 ((b) Overlay Concept) of this Code shall delineate and establish the FP Floodplain Districts as overlays to the existing underlying zoning districts on the Official Zoning District Map of the Town of Big Stone Gap, Virginia according to the method specified by Article III, Section 9-17 ((b) Overlay, Subsection (1)) of this Code.
12.2.
Application of the District. To enable the district to operate in harmony with the plan for land use and population density embodied in these regulations, the FP Flood Plain District is created as a special district to be superimposed on other districts contained in these regulations and is to be so designated by a special symbol for its boundaries on the Zoning District Map. Except as they are in conflict with the specific requirements of the FP Flood Plain District, permitted uses, accessory uses, and signs, and requirements for off-street parking and loading, shall be determined by the requirements of the basic district regulations contained elsewhere in this ordinance.
12.3.
Warning and Disclaimer. This section does not imply that areas outside FP Flood Plain District boundaries or land uses permitted within such districts will be free from flooding or flood damages. The granting of approval of any structure or use or approval of filling shall not constitute a representation, guarantee or warranty of any kind or nature by the Town of Big Stone Gap or the Board of Zoning Appeals, or by any officer or employee of either thereof, of the practicality or safety of any structure or use proposed and shall create no liability upon or cause action against such public body, officer or employee for any damage that may result from such approval.
12.4.
Permitted Uses. A building or land shall be used only for the following purposes, subject to applicable district regulations:
1.
Agriculture and forestry, general farming, truck gardens, cultivation of field crops, orchards, nurseries, turf farming and livestock raising, including stands for sale of products raised on the premises.
2.
Open-type private or commercial recreational uses or facilities such as golf courses, driving ranges, archery ranges, tennis courts, camping areas, picnic grounds, horseback riding, drive-in-theaters, fishing lakes and boat docks.
3.
Storage yards for equipment and material not subject to major damage by floods or which may cause damage by floating away in flood waters and not including inflammables such as gasoline.
5.
Facilities and structures necessary for rendering public utility service, including poles, wires, transformers, telephone booths, and the like for normal electrical power distribution or communication service, and pipe lines or conduits for electrical, gas, sewer, or water service, but not including buildings, treatment plants, pumping or regulator stations, sub-stations and power transmission lines which are permitted as conditional uses.
6.
Accessory uses incidental to and customarily found in connection with permitted uses of the premises as determined by this section and applicable district regulations.
12.5.
Special Provisions.
1.
No structure (temporary or permanent), fill, including fill for roads and levies, deposit, obstruction, storage of materials or equipment or other uses shall be permitted, which acting alone or in combination with existing or future uses, unduly affects the efficiency or the capacity of the floodway or unduly increases flood heights. Consideration of the affects [effects] of a proposed use shall be based on a reasonable assumption that there will be an equal degree of encroachment extending for a significant reach on both sides of the stream.
2.
Any fill proposed to be deposited in the floodway must be shown to have some beneficial purpose and the amount thereof not greater than is necessary to achieve that purpose as demonstrated by a plan submitted by the owner showing the uses to which the filled land will be put and the final dimensions of the proposed fill or other material. Such fill or other materials shall be protected against erosion by riprap, vegetative cover, or bulkheading.
3.
Structures shall not be designed for human habitation and shall have a low flood damage potential. The structure or structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters.
(a)
Whenever possible, the structure shall be constructed with the longitudinal axis parallel to the direction of flood flow.
(b)
So far as practicable structures shall be placed approximately on the same flood flow lines as those of adjoining structures.
Structures shall be firmly anchored to prevent flotation which may result in damage to other structures, restriction of bridge openings and other narrow sections of the stream or river. Service facilities such as electrical and heating equipment shall be constructed at or above the regulatory flood protection elevation for the particular area.
4.
The storage or processing of materials that are buoyant, flammable, explosive or could be injurious to human, animal, or plant life in time of flooding, is prohibited. Storage of other material or equipment may be allowed if not subject to major damage by floods, firmly anchored to prevent floatation or shall be readily removable from the area within the limited time available after flood warning.
12.6.
Uses Permitted by Special Use Permit. The following uses may be permitted by special use permit if approved by the Town Council in accordance with the procedures, guides and standards of Articles 6 and 9:
1.
Circus or carnival grounds or area for similar transient amusement enterprises.
2.
Parks, parkways and playgrounds.
3.
Public utilities or public service uses, buildings, generating purification or treatment plants, pumping or regulator stations, sub-stations and transmission lines, all subject to applicable flood loss criteria.
4.
Excavation or filling, borrow pits, extraction, processing and removal of sand, gravel, stone, or other minerals and other major excavations or filling; provided that any fill proposed to be deposited in the floodway must be shown to have some beneficial purpose and the amount thereof not greater than is necessary to achieve that purpose.
12.7.
Uses Permitted as Special Exceptions. The following uses may be permitted as special exceptions if approved by the Board of Zoning Appeals in accordance with the procedures, guides and standards of Article 7 and subject to such conditions as are necessary to carry out the purpose of the FP Flood Plain District to prevent encroachment into flood plains which would unduly increase flood height and endanger life and property.
1.
Any permitted use, accessory use, or special exception, (but not conditional uses) not specifically mentioned in the FP Flood Plain District but permitted in the basic residential, business, or industrial zoning district over which the FP district is superimposed and which is of a type not to be appreciably damaged by flood water, provided that any structures so permitted shall be designed, constructed and placed on the lot so as to offer the minimum obstruction to flow of water and shall be firmly anchored to prevent the structure from floating away and thus threatening to further restrict bridge openings and other restructured sections of the stream.
2.
Minor filling of land where it is proven by topographic data, engineering and other studies that the proposed filling will not unduly increase flood height or endanger life and property.
12.8.
Floodway Fringe Area Requirements. The construction, alteration, or moving of any structure in any zone outside the Floodway Zone, but on land subject to flood, as defined by Article 10, Section 2 of this Ordinance, shall be subject to the following regulations:
1.
No building or structure shall be erected, and no existing building or structure shall be moved or altered unless the main floor of said building or structure is at a higher elevation then the 100-year flood, as defined under Article 10, Section 2, "Land Subject to Flood";
2.
No basement or other floor shall be constructed below or at a lower elevation than the main floor;
3.
Land may be filled provided such fill does not encroach into the Floodway Zone and provided such fill extends twenty-five (25) feet beyond the limits of any structure erected thereon; and
4.
Foundations of all structures shall be designed to withstand flood conditions at the site.
12.9.
Encroachment on Drainage Channels and Streams. Any structure proposed to be located within one hundred (100) feet of any main drainage channel or stream (hereafter referred to as stream) within any zone must be approved by the Board of Zoning Appeals. The Board of Zoning Appeals shall determine on the basis of the area of the watershed, and probable runoff, the opening needed for the streams or how close a structure may be built to the stream in order to assure adequate space for flow of floodwater; provided, however, no building shall be permitted within ten (10) feet of the top of bank of any stream.
(Ord. of 1-23-91; Ord. No. 02-2011, 2-8-11)
Cross reference— Flood protection generally, Ch. 9.