- DISTRICTS AND DISTRICT REGULATIONS
Editor's note— Ord. of 3-26-2019(2) amended Div. 7 in its entirety to read as herein set out. Former Div. 7, §§ 74-441—74-452, pertained to educational institutions, district E-1, and derived from Ord. of 6-26-2000, §§ 20-1200—20-1211; Ord. of 9-26-2005; Ord. of 4-24-2006; Ord. of 3-23-2009; Ord. of 10-10-2011(5); Ord. of 10-10-2011(8); Ord. of 7-12-2012.
Cross reference— Subdivision of land, ch. 70.
In order to classify, regulate and restrict the locations of uses and locations of buildings designated for specific areas; and to regulate and determine the areas of yards, courts and other open spaces within or surrounding such buildings, property is hereby classified into districts as prescribed in this chapter.
(Ord. of 6-26-2000, § 20-600)
(a)
Boundaries of districts. The boundaries of each zoning district are to be indicated upon the official zoning map as approved by the town council. The official zoning map and subsequent amendments thereto shall be considered as a part of this chapter.
(b)
Interpretation. Unless district boundary lines are fixed by dimensions or otherwise clearly shown or described, and where uncertainty exists with respect to the boundaries of any of the districts as shown on the zoning map, the following rules shall apply:
(1)
Where district boundaries are indicated as approximately following or being at right angles to the centerlines of streets, highways, alleys or railroad main tracks, such centerlines or lines at right angles to such centerlines shall be construed to be such boundaries, as the case may be.
(2)
Where a district boundary is indicated to follow a river, a creek or branch or other body of water, such boundary shall be construed to follow the centerline at low water or at the limit of the jurisdiction; and in the event of change in the shoreline, such boundary shall be construed as moving with the actual shoreline.
(3)
If no distance, angle, curvature description or their means is given to determine a boundary line accurately and the provisions do not apply, such boundary line shall be determined by the use of the scale shown on the zoning map. In case of subsequent dispute, a certified survey shall be required by a licensed surveyor.
(Ord. of 6-26-2000, § 20-602)
Any territory hereafter annexed shall automatically, upon such annexation, be classified as district R-1A and be subject to all conditions and regulations applicable to property in such district unless zoning districts have been determined prior to annexation.
(Ord. of 6-26-2000, § 20-604)
The O-1 district is intended to provide for permanent open spaces in the community and to safeguard the health, safety and welfare of the people by limiting development in areas where extensive development would cause undue harm to other parts of the town through excessive erosion and drainage. Therefore, these areas are classified open space districts until such time as the hazards have been corrected. Public uses of an open nature are included in the O-1 district.
(Ord. of 6-26-2000, § 20-700)
Within the O-1 district, the following uses are permitted:
(1)
Farming; however, no more than one acre can be tilled.
(2)
Parks.
(3)
Forest preserves and wildlife refuge.
(4)
Golf courses.
(5)
Watershed protection areas.
(6)
Camping and hiking trails; motorbikes will be prohibited on trails.
(Ord. of 6-26-2000, § 20-701)
There are no area regulations in the O-1 district.
(Ord. of 6-26-2000, § 20-702)
No structures shall be built within 50 feet of a public right-of-way in the O-1 district.
(Ord. of 6-26-2000, § 20-703)
The minimum frontage for permitted uses in the O-1 district shall be 100 feet at the setback line.
(Ord. of 6-26-2000, § 20-704)
There shall be required 50-foot minimum side and rear yards in the O-1 district.
(Ord. of 6-26-2000, § 20-705)
(a)
Buildings or structures in the O-1 district shall be erected up to 35 feet in height.
(b)
Accessory buildings or structures. Accessory buildings or structures in the O-1 district may not exceed the height of 35 feet.
(c)
All structures or buildings shall be limited to a height of 35 feet unless approved by the town council upon recommendation from the planning commission.
(Ord. of 6-26-2000, § 20-706; Ord. of 3-23-2009)
The principal building and all accessory buildings in the O-1 district shall cover no more than five percent of the total area.
(Ord. of 6-26-2000, § 20-707)
(a)
Of the two sides of a corner lot in the O-1 district, the front shall be deemed to be the shorter of the two sides fronting on streets.
(b)
For corner lots in the O-1 district, the width of the side yard, on the side facing the side street, shall be the greater of the two required side yards for both main and accessory buildings.
(Ord. of 6-26-2000, § 20-708)
Off-street parking in the O-1 district shall be in accordance with article VIII, division 2, of this chapter.
(Ord. of 6-26-2000, § 20-709)
The location of accessory structures in the O-1 district shall be in accordance with article VII, division 2, of this chapter.
(Ord. of 6-26-2000, § 20-710)
The A-5 district is intended to preserve and enhance the character and resources of the portions of the town where agriculture and forest uses predominate, but which contains numerous nonfarm uses. The purpose of the A-5 district is to preserve agricultural, forestal and open space land and to allow other compatible uses within such agricultural area; defer urban development until the town council determines adequate public facilities and services can be provided at reasonable costs; and serve as a buffer to farming operations by providing living opportunities in a country environment while helping to minimize incompatibilities between farmland and urban or suburban uses, thus assisting in the long-term integrity of farm, forest and open-space uses.
(Ord. of 6-26-2000, § 20-800)
Within the A-5 district, any agricultural use, including, but not limited to, dwellings, maintenance/storage buildings and other such uses necessary for the principal use, are permitted.
(Ord. of 6-26-2000, § 20-801)
All buildings and uses in the A-5 district, unless otherwise specified in this chapter, shall contain a minimum lot size of five acres.
(Ord. of 6-26-2000, § 20-802)
The minimum depth of the front yard in the A-5 district shall be as follows:
(1)
Arterial street. Arterial streets shall be 50 feet from the lot line adjacent to such street.
(2)
Collector street. Collector streets shall be 50 feet from the lot line adjacent to such street.
(Ord. of 6-26-2000, § 20-803)
The minimum lot width at the setback lines in the A-5 district shall be 250 feet.
(Ord. of 6-26-2000, § 20-804)
(a)
Side yard. The minimum side yard for each main structure in the A-5 district shall be 25 feet and the width of the two required side yards shall be 50 feet.
(b)
Rear yard. Each main structure in the A-5 district shall have a rear yard of 60 feet or more.
(Ord. of 6-26-2000, § 20-805)
(a)
Dwelling units. Dwelling units in the A-5 district shall not exceed the height of 35 feet.
(b)
Accessory buildings or structures. Accessory buildings or structures in the A-5 district shall not exceed the height of 35 feet. There are no height regulations for accessory building or structures when the structure or building is directly related to silviculture, horticulture, or agricultural activities.
(c)
All structures or buildings shall be limited to a height regulation of subsections (a) and (b) unless approved by the town council upon recommendation from the planning commission.
(Ord. of 6-26-2000, § 20-806; Ord. of 3-23-2009)
The principal building and all accessory buildings in the A-5 district shall not cover more than five percent of the total area.
(Ord. of 6-26-2000, § 20-807)
(a)
Of the two sides of a corner lot in the A-5 district, the front shall be deemed to be the shorter of the two sides fronting on streets.
(b)
The width of the side yard in the A-5 district, on the side facing the side street, shall be the greater of the two required side yards for both main and accessory buildings.
(Ord. of 6-26-2000, § 20-808)
Off-street parking in the A-5 district shall be provided by all uses as required in article VIII, division 2, of this chapter.
(Ord. of 6-26-2000, § 20-809)
There are no restrictions on the location of accessory structures in the A-5 district, except as otherwise provided.
(Ord. of 6-26-2000, § 20-810)
The purpose of the R-1A district is to allow development of homes on marginal lands usually too steep to properly allow extensive residential development. The R-1A district enables development to take place in such a manner as to preserve the natural environment of the area while it also provides opportunities for residential living.
(Ord. of 6-26-2000, § 20-900)
Within the R-1A district, the following uses are permitted:
(1)
Single-family dwellings.
(2)
Public parks.
(3)
Municipal, county, state or federal buildings or land uses.
(4)
Public utility stations, provided allot requirements of the district in which they are located are met.
(5)
Day care, family.
(6)
Day care, facility, with an appropriate state license and home occupation permit.
(Ord. of 6-26-2000, § 20-901; Ord. of 10-10-2011(2))
All buildings and uses in the R-1A district, unless otherwise specified in this chapter, shall have a minimum lot size of one acre.
(Ord. of 6-26-2000, § 20-902)
The minimum depth of the front yard in the R-1A district shall be as follows:
(1)
Arterial street. Arterial streets shall be 50 feet from the lot line adjacent to such street.
(2)
Collector street. Collector streets shall be 30 feet from the lot line adjacent to such street.
(Ord. of 6-26-2000, § 20-903)
The minimum lot width at the setback line in the R-1A district shall be 200 feet.
(Ord. of 6-26-2000, § 20-904)
(a)
Side yard. The minimum side yard for each principal structure in the R-1A district shall be a minimum of 30 feet on each side of the structure. An additional 15 feet is required for each additional story over one story.
(b)
Rear yard. The minimum depth of the rear yard in the R-1A district shall be 50 feet for each principal structure.
(Ord. of 6-26-2000, § 20-905)
(a)
Principal buildings or structures. Principal buildings or structures in the R-1A district shall not exceed a height of 35 feet.
(b)
Accessory buildings or structures. Accessory buildings or structures in the R-1A district shall not exceed the height of 15 feet.
(c)
All structures or buildings shall be limited to a height of 35 feet and accessory buildings or structures to 15 feet unless approved by the town council upon recommendation from the planning commission.
(Ord. of 6-26-2000, § 20-906; Ord. of 3-23-2009)
The principal buildings and all necessary buildings in the R-1A district shall not cover more than 20 percent of the total lot area.
(Ord. of 6-26-2000, § 20-907)
(a)
Of the two sides of a corner lot in the R-1A district, the front shall be deemed to be the shorter of the two sides fronting on streets.
(b)
The width of the side yard in the R-1A district, on the side facing the side street, shall be the greater of the two required side yards for both main and accessory buildings.
(Ord. of 6-26-2000, § 20-908)
Off-street parking in the R-1A district shall be provided by all uses as required in article VIII, division 2, of this chapter.
(Ord. of 6-26-2000, § 20-909)
The location of accessory structures in the R-1A district shall be in accordance with article VII, division 2, of this chapter.
(Ord. of 6-26-2000, § 20-910)
The R-1 district is composed of low-density residential areas plus certain open areas where similar development appears likely to occur. The regulations for the R-1 district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for family life, and to prohibit all activities of a commercial nature. To these ends, development in the R-1 district is limited to relatively low concentration and permitted uses are limited basically to single-unit dwellings. Additional uses, such as schools, parks, churches and specific public facilities that serve the residents of the R-1 district, shall be permitted. No home occupations, including room renting, are permitted in the R-1 district.
(Ord. of 6-26-2000, § 20-1000)
Within the R-1 district, the following uses are permitted:
(1)
Single-family dwellings.
(2)
Customary general farming, but not the raising of farm animals or poultry.
(3)
Schools.
(4)
Churches.
(5)
Parks and playgrounds provided they are unlighted and a planted buffer strip of trees and hedges is present.
(6)
Public utility stations, provided all lot area requirements of the district in which they are located are met.
(7)
Church bulletin boards and identification signs which are unlighted and are designed in such a manner as not to detract from adjacent residential homes.
(8)
Day care, family.
(9)
Day care, facility, with an appropriate state license and home occupation permit.
(10)
Computer/electronic-based home occupations as defined in article VII, division 10, of this chapter.
(Ord. of 6-26-2000, § 20-1001; Ord. of 10-10-2011(3))
All buildings and uses in the R-1 district, unless otherwise specified in this chapter, shall contain a minimum lot size of 12,000 square feet for each dwelling unit.
(Ord. of 6-26-2000, § 20-1002)
The minimum depth of the front yard in the R-1 district shall be as follows:
(1)
Arterial street. Arterial streets shall be 50 feet from the lot line adjacent to such street.
(2)
Collector street. Collector streets shall be 30 feet from the lot line adjacent to such street.
(Ord. of 6-26-2000, § 20-1003)
The minimum lot width at the setback lines in the R-1 district shall be 100 feet.
(Ord. of 6-26-2000, § 20-1004)
(a)
Side yard. The minimum side yard for principal structures in the R-1 district shall be 15 feet, and the total width of the two required side yards shall be 35 feet or more.
(b)
Rear yard. Each principal structure in the R-1 district shall have a rear yard of 35 feet.
(Ord. of 6-26-2000, § 20-1005)
(a)
Principal buildings or structures. Principal buildings or structures in the R-1 district shall not exceed the height of 35 feet.
(b)
Accessory buildings or structures. Accessory buildings or structures in the R-1 district shall not exceed the height of 15 feet.
(c)
All structures or buildings shall be limited to a height of 35 feet and accessory buildings or structures limited to a height of 15 feet unless approved by the town council upon recommendation from the planning commission.
(Ord. of 6-26-2000, § 20-1006; Ord. of 3-23-2009)
The principal building and all accessory buildings in the R-1 district shall not cover more than 40 percent of the total lot area.
(Ord. of 6-26-2000, § 20-1007)
(a)
Of the two sides of a corner lot in the R-1 district, the front shall be deemed to be the shorter of the two sides fronting on streets.
(b)
The width of the side yard in the R-1 district, on the side facing the side street, shall be the greater of the two required side yards for both main and accessory buildings.
(Ord. of 6-26-2000, § 20-1008)
Off-street parking in the R-1 district shall be provided by all uses as required in article VIII, division 2, of this chapter.
(Ord. of 6-26-2000, § 20-1009)
The location of accessory structures in the R-1 district shall be in accordance with article VII, division 2, of this chapter.
(Ord. of 6-26-2000, § 20-1010)
The R-2 district is composed of certain medium concentration of residential uses. The regulations for the R-2 district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage, insofar as compatible with the intensity of land use, a suitable environment for family life. The R-2 district is not completely residential as it includes public and semipublic, institutional and other related uses.
(Ord. of 6-26-2000, § 20-1100)
Within the R-2 district, the following uses are permitted:
(1)
All uses permitted in the R-1 district provided all other R-2 district requirements are observed.
(2)
Single-family dwellings.
(3)
Family homes, foster homes or group homes for the handicapped.
(4)
Schools.
(5)
Churches.
(6)
Hospitals.
(7)
Parks and playgrounds.
(8)
Day care, family.
(9)
Day care, facility, with an appropriate state license and home occupation permit.
(10)
Home occupations, as defined under article VII, division 10, of this chapter.
(Ord. of 6-26-2000, § 20-1101; Ord. of 10-10-2011(4))
All buildings and uses in the R-2 district, unless otherwise specified in this chapter, shall contain a minimum lot size of 7,500 square feet.
(Ord. of 6-26-2000, § 20-1102)
The minimum depth of the front yard in the R-2 district shall be as follows:
(1)
Arterial street. Arterial streets shall be 50 feet from the lot line adjacent to such street.
(2)
Collector street. Collector streets shall be 30 feet from the lot line to such street.
(Ord. of 6-26-2000, § 20-1103)
The minimum lot width at the setback lines in the R-2 district shall be 60 feet.
(Ord. of 6-26-2000, § 20-1104)
(a)
Side yard. The minimum side yard for each main structure in the R-2 district shall be ten feet, and the width of the two required side yards shall be 25 feet.
(b)
Rear yard. Each main structure in the R-2 district shall have a rear yard of 25 feet or more.
(Ord. of 6-26-2000, § 20-1105)
(a)
Dwelling units. Dwelling units in the R-2 district shall not exceed the height of 35 feet.
(b)
Accessory buildings or structures. Accessory buildings or structures in the R-2 district shall not exceed the height of 15 feet.
(c)
All public or semipublic buildings. All public or semipublic buildings in the R-2 district shall not exceed the height of 60 feet, and side and rear yards shall be increased one foot for each foot in height over 35 feet.
(d)
All structures or buildings shall be limited to a height of 35 feet, accessory structures limited to a height of 15 feet, and all public or semipublic buildings limited to a height of 60 feet unless approved by the town council upon recommendation from the planning commission.
(Ord. of 6-26-2000, § 20-1106; Ord. of 3-23-2009)
The principal building and all accessory buildings in the R-2 district shall not cover more than 40 percent of the total area.
(Ord. of 6-26-2000, § 20-1107)
(a)
Of the two sides of a corner lot in the R-2 district, the front shall be deemed to be the shorter of the two sides fronting on streets.
(b)
The width of the side yard in the R-2 district, on the side facing the side street, shall be the greater of the two required side yards for both main and accessory buildings.
(Ord. of 6-26-2000, § 20-1108)
Off-street parking in the R-2 district shall be provided by all uses as required in article VIII, division 2, of this chapter.
(Ord. of 6-26-2000, § 20-1109)
Location of accessory structures in the R-2 district shall be in accordance with article VII, division 2, of this chapter.
(Ord. of 6-26-2000, § 20-1110)
The regulations for the R-3 district are designed to establish and preserve medium density to high density residential districts, excluding uses which are not compatible with residential use but permitting certain nonresidential uses which are of particular convenience to the residents of the R-3 district.
(Ord. of 3-26-2019(2))
Within the R-3 district, the following uses are permitted:
(1)
All residential uses permitted in R-1 and R-2 districts provided all other R-3 district requirements are observed.
(2)
Multifamily dwellings.
(3)
Rooming houses and boardinghouses.
(4)
Tourist homes.
(5)
Rest homes.
(Ord. of 3-26-2019(2))
All buildings and uses in the R-3 district, unless otherwise specified in this chapter, shall comply with the following:
(1)
Minimum lot size. There shall be a minimum lot size of 7,500 square feet.
(2)
Reserved.
(Ord. of 3-26-2019(2); Ord. of 7-23-2024(1))
The minimum depth of the front yard in the R-3 district shall be as follows:
(1)
Arterial street. Arterial streets shall be setback 40 feet from the lot line adjacent to such street.
(2)
Collector street. Collector streets shall be setback 30 feet from the lot line to such street.
The zoning administrator shall have the right to require more stringent setbacks so that all new structures are constructed to meet the existing neighborhood's setbacks.
(Ord. of 3-26-2019(2))
The minimum lot width at the setback lines in the R-3 district shall be 50 feet.
(Ord. of 3-26-2019(2))
(a)
Side yard. The minimum total depth of the two side yards in the R-3 district shall be 16 feet for the first story and ten feet for each additional story. At least one-third of the total depth shall be provided on the smaller side.
(b)
Rear yard. Each principal building in the R-3 district shall have a rear yard with a minimum of 25 feet.
(Ord. of 3-26-2019(2))
All structures or buildings shall be limited to a height of 35 feet unless approved by the town council upon recommendation from the planning commission.
(Ord. of 3-26-2019(2))
The principal building and all accessory buildings in the R-3 district shall not cover more than 35 percent of the total lot area.
(Ord. of 3-26-2019(2))
(a)
Of the two sides of a corner lot in the R-3 district, the front shall be deemed to be the shorter of the two sides fronting on streets.
(b)
The width of the side yard in the R-3 district, on the side facing the side street, shall be the greater of the two required side yards for both main and accessory buildings.
(Ord. of 3-26-2019(2))
Off-street parking in the R-3 district shall be provided by all uses as required in article VIII, division 2, of this chapter.
(Ord. of 3-26-2019(2))
Location of accessory structures in the R-3 district shall be in accordance with article VII, division 2, of this chapter.
(Ord. of 3-26-2019(2))
(a)
Special allowances.
(1)
The town council shall have the authority to grant special allowances as deemed necessary after recommendation of the planning commission and that are listed within this provision. These special allowances will only be authorized after maps, plans, and/or all other specifications have been presented and adjacent property owners are notified by first class mail.
The applicant will be responsible for all fees involved in the notice to the public or adjacent landowners.
(2)
Special uses:
a.
Clubs and lodges.
b.
Professional offices.
c.
Finance companies and insurance agents.
d.
Clinics.
e.
Barbershops and beauty parlors.
f.
Banks.
g.
Day care centers.
h.
Any nonresidential uses listed in the R-1 and R-2 districts.
(b)
Day care centers.
(1)
Day care centers in the R-3 district shall be located on collector or arterial streets or other streets that have a minimum right-of-way of 50 feet and which are not located on a cul-de-sac. Pavement width should be at least 25 feet.
(2)
The building of day care centers in the R-3 district shall not be placed less than 25 feet from side property lines or less than 50 feet from rear property lines.
(3)
No parking is allowed in the front yard of day care centers in the R-3 district.
(4)
For day care centers in the R-3 district, the loading and unloading of children is conducted in such a manner as to provide an entrance to and separate exit from the property without backing into the street.
(c)
Open space. If there are more than six units per net acre in the R-3 district, ten percent of the total lot area is to be set aside for recreational activities. Property owners will be required to landscape and maintain such areas.
(d)
Inclusion in plat approval process. Such special allowances provided for in this section may be included in any plat approval process for the subdivision of real estate located in an R-3 district.
(Ord. of 3-26-2019(2))
Realizing that manufactured housing is now an integral part of the housing supply and realizing that safe and clean housing is a prime concern of this town, the Town of Bluefield, Virginia provides the regulations of this division for the following purposes:
(1)
To provide the orderly placement of manufactured homes within the town;
(2)
To safeguard the health, safety, and environment for residents of manufactured homes through adequate regulations; and
(3)
To allow a greater choice of housing alternatives for residents of the town.
(Ord. of 5-24-2022(2))
Editor's note— Ord. of 5-24-2022(2) renumbered the former § 74-471 as § 74-472 and enacted a new § 74-471 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.
The R-4 district shall have the same permitted uses, limitations and regulations as provided for the R-2 district with the additional provision that manufactured homes and other such single-family dwellings may be located in this district so long as they comply with all of the other provisions found with regard to single-family dwellings located in the R-2 district.
These regulations shall be known and cited as the Town of Bluefield, Virginia Manufactured Home Ordinance.
(Ord. of 6-26-2000, § 20-1300; Ord. of 5-24-2022(2))
Editor's note— See editor's note at § 74-471.
(a)
This article applies to all manufactured homes located within the town.
(b)
All manufactured homes existing on the effective date of this division which do not comply with the requirements set forth herein are deemed to be nonconforming. Nonconforming manufactured homes will be allowed to remain at their existing locations without complying with the provisions of this division. Each person proposing to move a nonconforming manufactured home to another location within the town must comply with all applicable requirements of this division.
(Ord. of 5-24-2022(2))
The use of a manufactured home as a permanent residential dwelling on an individual lot shall be permitted in the R-4 district which permits installation of a single-family site-built dwelling provided that the following standards are met:
(1)
The manufactured home is multi-section and at least 20 feet wide.
(2)
The manufactured home has a minimum floor area of 1,000 square feet.
(3)
The manufactured home has roofing materials which in color and appearance is similar to the roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings as determined by the zoning administrator. Roofs shall also have a minimum slope of 25 percent (3:12) and overhanging eaves.
(4)
The manufactured home has siding materials which are generally acceptable for site-built housing. Any siding materials may be used provided it has a tile appearance of wood, masonry, horizontal metal, or vinyl siding.
(5)
The manufactured home has a foundation of concrete or other material allowed by the Virginia Uniform Statewide Building Code for site-built homes which is aesthetically compatible with the manufactured home having the appearance of site-built construction.
(6)
The manufactured home complies with all applicable lot size, setbacks, and other requirements of the zoning district in which it is to be located.
(7)
The manufactured home provides right-of-way improvements in the same manner as site-built construction, in accordance with town policy.
(8)
Manufactured home owners or purchasers must own or be purchasing the land upon which their manufactured home is to be placed. The owner or purchaser shall record with the proper county authority a non-revocable option declaring the manufactured home as real property.
(Ord. of 5-24-2022(2))
(a)
Prior to the location, relocation, establishment or occupancy of any manufactured home, the manufactured home owner or authorized representative shall obtain a siting permit from the town. Application for the permit will be made on forms prescribed and furnished by the Town of Bluefield. When applying for a permit, the applicant shall provide a photo of the manufactured home and evidence that the unit meets the other standards as may be requested by the Town of Bluefield.
(b)
The fee for the permit shall be regulated and set by the Town of Bluefield. This fee is in addition to any other fees required for health or electrical permits.
(c)
Each permit issued by the Town of Bluefield for a manufactured home shall be valid until the manufactured home is moved to another location whether on the same or different property.
(d)
A manufactured home shall not be permanently located on any lot that already has an existing residence located on it.
(e)
The owner of the manufactured home shall be granted 90 days to complete the installation upon the lot where the manufactured home is to be permanently located. At the discretion of the zoning administrator, an additional 90-day extension shall be granted providing the manufactured home owner can show justifiable cause for the extension.
(f)
A site plan shall be submitted to the town for approval showing:
(1)
Lot lines and lot size;
(2)
Proposed location of manufactured home on lot;
(3)
Location of existing structures on lot;
(4)
Proposed location of water and sewer lines and connections; and
(5)
Scale used and north arrow.
(Ord. of 5-24-2022(2))
(a)
A temporary use permit may be issued by the town. The fee and regulation of such will be set and determined by the town council. This fee is in addition to all other required permits for electrical and health services.
(b)
Applicants who are in the process of building a conventional dwelling may apply for a temporary permit, which shall be subject to renewal, to locate a nonconforming manufactured home temporarily on the building lot during the course of construction of the dwelling. Such permit shall not be issued until after a building permit for the building has been obtained.
(c)
A temporary use permit may be issued by the town for a period not to exceed one year. A temporary permit may be renewed for an additional six-month period by the town council upon a showing of good cause. At the time the temporary permit expires the manufactured home and all other appurtenances thereto shall be removed from the property.
(d)
Any extension will be at the discretion of the town council.
(Ord. of 5-24-2022(2))
Any person, firm or corporation violating any provision of this division shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not to exceed $100.00 or be imprisoned in the county jail for a period not exceeding 60 days or be both so fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
(Ord. of 5-24-2022(2))
The primary purpose of the B-1 district is to establish and protect a business district that will serve the surrounding residential districts. Traffic and parking congestion in the B-1 district is to be held to a minimum to protect and preserve property values in the surrounding residential districts.
(Ord. of 6-26-2000, § 20-1400)
Within the B-1 district, the following uses are permitted.
(1)
Convenience business-type activity, subject to the approval of the planning commission and the town council.
(2)
Signs advertising a use conducted on the premises.
(3)
Day care, family.
(4)
Day care, facility, with an appropriate state license and home occupation permit.
(5)
Day care, group, with an appropriate state license and home occupation permit.
(6)
Off-street parking as provided by all uses as required in article VIII, division 2, of this chapter.
(Ord. of 6-26-2000, § 20-1401; Ord. of 10-10-2011(6))
There are no area regulations in the B-1 district.
(Ord. of 6-26-2000, § 20-1402)
(a)
Generally. The minimum front setback in the B-1 district shall be as follows:
(1)
Streets greater than 50 feet in width. For streets greater than 50 feet in width, there shall be a front setback of 35 feet from the lot line adjacent to such street.
(2)
Streets less than 50 feet in width. For streets less than 50 feet in width, there shall be a front setback of 30 feet from the lot line adjacent to such street.
(b)
Exemption. Signs advertising sale or rent of premises in the B-1 district may be erected up to the property line.
(Ord. of 6-26-2000, § 20-1403)
There are no frontage regulations in the B-1 district.
(Ord. of 6-26-2000, § 20-1404)
(a)
Side yard. For permitted uses in the B-1 district, the minimum side yard adjoining or adjacent to a residential or open space district shall be ten feet or more.
(b)
Rear yard. The minimum depth of the rear yard in the B-1 district shall be 25 feet.
(Ord. of 6-26-2000, § 20-1405)
(a)
Principal buildings. All principal buildings in the B-1 district shall comply with the height requirements of the most restrictive adjoining residential district.
(b)
Accessory buildings. No accessory building in the B-1 district which is within ten feet of any lot line shall be more than one story in height. All accessory buildings in the B-1 district shall be less than the main building height.
(Ord. of 6-26-2000, § 20-1406)
The principal building and all accessory buildings in the B-1 district shall not cover more than 40 percent of the total lot area.
(Ord. of 6-26-2000, § 20-1407)
There are no special provisions for corner lots in the B-1 district.
(Ord. of 6-26-2000, § 20-1408)
Off-street parking and parking lots in the B-1 district shall be provided by all uses as required in article VIII, division 2, of this chapter.
(Ord. of 6-26-2000, § 20-1409)
(a)
Generally. In the B-1 district, any accessory building or use customarily incidental to the uses permitted in sections 74-492 and 74-502 shall be permitted.
(b)
Location. The location of accessory structures in the B-1 district shall be in accordance with article VII, division 2, of this chapter and subsection 74-497(b).
(Ord. of 6-26-2000, § 20-1410)
Residential units are permitted in the B-1 district but must conform to the requirements of the most restrictive adjoining residential district.
(Ord. of 6-26-2000, § 20-1411)
The intent of the B-2 district is to provide for business areas which serve the entire town and surrounding area. The B-2 district is intended for those uses which require a central location and which businesses and services are to be used by the entire community and surrounding area. Generally, the B-2 district covers that portion of the community intended for the conduct of general business to which the public requires direct frequent access.
(Ord. of 6-26-2000, § 20-1500)
Within the B-2 district, the following uses are permitted:
(1)
Stores and shops conducting retail business.
(2)
Personal, business and professional services.
(3)
Offices, hotels, motels and restaurants.
(4)
Recreation, indoor.
(5)
Auto sales and service.
(6)
Funeral homes, clubs, and lodges.
(7)
Churches, assembly halls.
(8)
Nursing home.
(9)
Full service and self-service carwashes.
(10)
Fueling stations.
(11)
Apartments over business with three apartments or less.
(12)
Day care, group with appropriate state license and a recommendation from planning commission and approval from town council.
(Ord. of 6-26-2000, § 20-1501; Ord. of 7-23-2007; Ord. of 10-10-2011(7); Ord. of 1-12-2021(1))
There are no area regulations in the B-2 district.
(Ord. of 6-26-2000, § 20-1502)
(a)
Generally. The minimum front setback in the B-2 district shall be as follows:
(1)
Streets greater than 50 feet in width. For streets greater than 50 feet in width, there shall be a minimum front setback of ten feet from the lot line adjacent to such street.
(2)
Streets less than 50 feet in width. For streets less than 50 feet in width, there shall be a minimum front setback of five feet from the lot line adjacent to such street.
(b)
Exemption. Signs advertising sale or rent of premises in the B-2 district may be erected up to the property line.
(Ord. of 6-26-2000, § 20-1503)
There are no frontage regulations in the B-2 district.
(Ord. of 6-26-2000, § 20-1504)
(a)
Side yard. For permitted uses in the B-2 district, the minimum side yard adjoining or adjacent to a residential or open space district shall be ten feet or more.
(b)
Rear yard. There are no rear yard regulations in the B-2 district.
(Ord. of 6-26-2000, § 20-1505)
(a)
Principal buildings or structures. Principal buildings or structures in the B-2 district shall not exceed the height of 35 feet.
(b)
Accessory buildings or structures. Accessory buildings or structures in the B-2 district shall not exceed the height of 35 feet.
(c)
All structures or buildings shall be limited to a height of 35 feet unless approved by the town council upon recommendation from the planning commission.
(Ord. of 6-26-2000, § 20-1506; Ord. of 3-23-2009)
There are no maximum lot coverage regulations in the B-2 district.
(Ord. of 6-26-2000, § 20-1507)
There are no special provisions for corner lots in the B-2 district.
(Ord. of 6-26-2000, § 20-1508)
Off-street parking and parking lots in the B-2 district shall be provided by all uses as required in article VIII, division 2, of this chapter.
(Ord. of 6-26-2000, § 20-1509)
There are no accessory structure regulations in the B-2 district.
(Ord. of 6-26-2000, § 20-1510)
The B-3 district provides an area or place for business which does not require a central business location and which is not suitable to be located in the B-1 district. The B-3 district is intended to have more open space between and around buildings than is desirable in the B-2 district.
(Ord. of 6-26-2000, § 20-1600)
Within the B-3 district, the following uses are permitted:
(1)
Any uses permitted in the B-2 district.
(2)
Animal clinics without outside kennels.
(3)
Clinics.
(4)
Drive-in restaurants.
(5)
Drive-in theaters.
(6)
Funeral homes.
(7)
Motels.
(8)
Used car lots.
(Ord. of 6-26-2000, § 20-1601)
There are no area regulations in the B-3 district.
(Ord. of 6-26-2000, § 20-1602)
(a)
Generally. The minimum front setback in the B-3 district shall be as follows:
(1)
Streets greater than 50 feet in width. For streets greater than 50 feet in width, there shall be a minimum front setback of 35 feet from the lot line adjacent to such street.
(2)
Streets less than 50 feet in width. For streets less than 50 feet in width, there shall be a minimum front setback of 30 feet from the lot line adjacent to such street.
(b)
Exemption. Signs advertising sale or rent of premises in the B-3 district may be erected up to the property line.
(Ord. of 6-26-2000, § 20-1603)
There are no frontage regulations in the B-3 district.
(Ord. of 6-26-2000, § 20-1604)
(a)
Side yard. For permitted uses in the B-3 district, the minimum side yard adjoining or adjacent to a residential or open space district shall be ten feet or more.
(b)
Rear yard. The minimum depth of the rear yard in the B-3 district shall be 25 feet.
(Ord. of 6-26-2000, § 20-1605)
(a)
Principal buildings or structures. Principal buildings or structures in the B-3 district shall not exceed the height of 35 feet.
(b)
Accessory buildings or structures. Accessory buildings or structures in the B-3 district shall not exceed the height of 35 feet.
(c)
All structures or buildings shall be limited to a height of 35 feet unless approved by the town council upon recommendation from the planning commission.
(Ord. of 6-26-2000, § 20-1606; Ord. of 3-23-2009)
The principal building and all accessory buildings in the B-3 district shall not cover more than 60 percent of the total lot area.
(Ord. of 6-26-2000, § 20-1607)
There are no special provisions for corner lots in the B-3 district.
(Ord. of 6-26-2000, § 20-1608)
Off-street parking and parking lots in the B-3 district shall be provided by all uses as required in article VIII, division 2, of this chapter.
(Ord. of 6-26-2000, § 20-1609)
(a)
Generally. In the B-3 district, any accessory building or use customarily incidental to the uses permitted in sections 74-552 and 74-562 shall be permitted.
(b)
Location. Location of accessory structures in the B-3 district shall be in accordance with article VII, division 2, of this chapter and subsection 74-417(b).
(Ord. of 6-26-2000, § 20-1610)
Residential units are permitted in the B-3 district but must conform to the requirements of the most restrictive adjacent or adjoining residential district.
(Ord. of 6-26-2000, § 20-1611)
The primary intent of the SC-1 district is to establish commercial areas which would be attractive for a wide range of retail uses and places of amusement, designed in such a manner as to accommodate a high volume of traffic in a safe and conducive manner.
(Ord. of 6-26-2000, § 20-1700; Ord. of 5-29-2001, § 20-1700)
A shopping center is defined as a group of commercial establishments planned, developed, owned or managed as a unit, with off-street parking provided on the property; however, this will not apply to areas of less than one acre.
(Ord. of 6-26-2000, § 20-1701; Ord. of 5-29-2001, § 20-1701)
Cross reference— Definitions generally, § 1-2.
A building in the SC-1 district may be used only for the following purposes:
(1)
Stores and shops conducting retail business.
(2)
Personal, business and professional services.
(3)
Offices, hotels, motels and restaurants.
(4)
Amusements and recreation.
(5)
Itinerant sales or business unless approved by the town council on the recommendation of the planning commission.
(6)
Such other uses specifically approved by the town council on recommendation of the planning commission.
(Ord. of 6-26-2000, § 20-1702; Ord. of 5-29-2001, § 20-1702; Ord. of 8-28-2012(1))
Minimum standards in the SC-1 district shall be as follows:
(1)
The aggregate of all buildings proposed shall not exceed 30 percent of the entire lot area of the project.
(2)
No building shall be set back less than 60 feet from any public street bounding the project area.
(3)
There shall be one parking space for each 200 square feet of total floor space.
(4)
Any part of the project not used for buildings or other structures, parking, loading and accessways shall be landscaped with grass, trees, shrubs or pedestrian walkways.
(5)
The streets, parking areas and walks shall be paved with hard surface materials meeting specifications approved by the town.
(6)
The design guidelines for large retail establishments as outlined in article VII, division 8, of this chapter.
(Ord. of 6-26-2000, § 20-1703; Ord. of 5-29-2001, § 20-1703)
(a)
Application. The owner or lessee of any tract of land zoned SC-1 shall, prior to any development, submit to the planning commission for study and recommendation a preliminary site plan for the use and development of any tract for the purposes set forth in this division.
(b)
Preliminary plan. The preliminary site plan submitted for the SC-1 district shall show all roads and drainage, existing and proposed drives and parking areas, buildings lines enclosing the portion of the tract within which buildings are to be erected, boundaries of tracts, and proposed use of land and buildings. The surrounding street system and existing land usage shall be shown. Plans may also be submitted showing profiles of proposed sanitary sewers and stormwater sewers, with grades, sizes and elevations indicated; proposed water distribution system, showing pipe size and location of valves and fire hydrants; and complete grading plans.
(c)
Limitations. Before recommending the approval of a plan within the SC-1 district, the planning commission may make reasonable additional requirements concerning, but not limited to, the limitation of uses, landscaping, lighting, signs and advertising devices, screening and planting, setback and height of buildings, paving, access ways, and other matters taking into consideration the character of the surrounding area so as to protect adjoining property, and to provide for public safety and prevent traffic congestion.
(d)
Commission recommendation. Within 60 days after application for preliminary plan review has been submitted, the planning commission shall make a written recommendation to the town council approving, conditionally approving or disapproving the plan.
(e)
Council review. The town council may review the preliminary site plan and may make reasonable additional requirements as listed in subsection (c) of this section.
(Ord. of 6-26-2000, § 20-1704; Ord. of 5-29-2001, § 20-1704)
(a)
Submittal. A site plan embodying all additional requirements imposed by the planning commission and the town council, if any, shall be prepared and submitted by the applicant to the planning commission. This plan, to be known as the site plan and shall show, in addition to the requirements set forth in section 74-585, the boundaries of the entire tract and a certification by a licensed land surveyor or professional engineer that the boundaries have been surveyed and are correct.
(b)
Commission recommendation. Within 60 days after submittal of the site plan, the planning commission shall make a written recommendation to town council approving, conditionally approving or disapproving the plan.
(c)
Council approval. After approval by the town council, the plan shall be placed on record with the town zoning administrator.
(d)
Expiration. An approved site plan in the SC-1 district shall expire three years after approval by the town council, unless an extension of time is specifically allowed by the town council.
(Ord. of 6-26-2000, § 20-1705; Ord. of 5-29-2001, § 20-1705)
The primary intent of the SC-OP district is to establish commercial areas in a small scale which would be attractive for a wide range of retail uses, places of amusement, and restaurants, designed in such a manner as to accommodate a high volume of traffic in a safe and conductive manner.
(Ord. of 6-26-2000, § 20-1750; Ord. of 5-29-2001, § 20-1750)
A building in the SC-OP district may be used only for the following purposes:
(1)
Stores and shops conducting retail business.
(2)
Personal, business and professional services.
(3)
Offices, hotels, motels and restaurants.
(4)
Amusement and recreation.
(5)
Itinerant sales or business unless approved by the town council on the recommendation of the planning commission.
(6)
Such other uses specifically approved by the town council on recommendation of the planning commission.
(Ord. of 6-26-2000, § 20-1751; Ord. of 5-29-2001, § 20-1751; Ord. of 8-28-2012(2))
Minimum standards in the SC-OP district shall be as follows:
(1)
The aggregate of all buildings proposed shall not exceed 50 percent of the entire lot area of the project.
(2)
No building shall be set back less than 30 feet from any public street bounding the project area.
(3)
There shall be one parking space for each 200 square feet of total floor space.
(4)
Any part of the project not used for buildings or other structures, parking, loading and access ways shall be landscaped with grass, trees, shrubs or pedestrian walkways.
(5)
The streets, parking areas and walks shall be paved with hard surface materials meeting specifications approved by the town.
(6)
The design guidelines for large retail establishments as outlined in article VII, division 8, of this chapter.
(Ord. of 6-26-2000, § 20-1752; Ord. of 5-29-2001, § 20-1752; Ord. of 9-10-2001, § 20-1752)
(a)
Application. The owner or lessee of any tract of land zoned SC-OP shall, prior to any development, submit to the planning commission for study and recommendation a preliminary site plan for the use and development of any tract for the purposes set forth in this division.
(b)
Preliminary plan. The preliminary site plan submitted in a SC-OP district shall show all roads and drainage, existing and proposed drives and parking areas, buildings lines enclosing the portion of the tract within which buildings are to be erected, boundaries of tracts, and proposed use of land and buildings. The surrounding street system and existing land usage shall be shown. Plans may also be submitted showing profiles of proposed sanitary sewers and stormwater sewers, with grades, sizes and elevations indicated; proposed water distribution system, showing pipe size and location of valves and fire hydrants; and complete grading plans.
(c)
Limitations. Before recommending the approval of a plan within the shopping center out parcel district, the planning commission may make reasonable additional requirements concerning, but not limited to, the limitation of uses, landscaping, lighting, signs and advertising devices, screening and planting, setback and height of buildings, paving, access ways, and other matters taking into consideration the character of the surrounding area so as to protect adjoining property, and to provide for public safety and prevent traffic congestion.
(d)
Commission recommendation. Within 60 days after application for preliminary plan review within the shopping center out parcel district has been submitted, the planning commission shall make a written recommendation to the town council approving, conditionally approving or disapproving the plan.
(e)
Council review. The town council may review the preliminary site plan within the SC-OP district and may make reasonable additional requirements as listed in subsection (c) of this section.
(Ord. of 6-26-2000, § 20-1753; Ord. of 5-29-2001, § 20-1753)
(a)
Submittal. Within the SC-OP district, a site plan embodying all additional requirements imposed by the planning commission and the town council, if any, shall be prepared and submitted by the applicant to the planning commission. This plan, to be known as the site plan shall show, in addition to the requirements set forth in section 74-614, the boundaries of the entire tract and a certification by a licensed land surveyor that the boundaries have been surveyed and are correct.
(b)
Commission recommendation. Within 60 days after submittal of the site plan for areas within the SC-OP district, the planning commission shall make a written recommendation to town council approving, conditionally approving or disapproving the plan.
(c)
Council approval. After approval by the town council, the plan shall be placed on record with the town zoning administrator.
(d)
Expiration. An approved site plan within the SC-OP district shall expire three years after approval by the town council, unless an extension of time is specifically allowed by the town council.
(Ord. of 6-26-2000, § 20-1754; Ord. of 5-29-2001, § 20-1754)
The primary reason of the M-1 district is to establish and preserve areas of industrial and related uses of such a nature that they do not create serious problems of compatibility with other kinds of land uses.
(Ord. of 6-26-2000, § 20-1800)
Within the M-1 district, the following uses are permitted:
(1)
Bottling works.
(2)
Building materials yard.
(3)
Contractor's storage yard.
(4)
Cabinetmaking.
(5)
Any manufacturing process which does not cause injurious or obnoxious noise vibrations, smoke, gas, fumes, odors, dust, fire hazards or other objectionable conditions.
(6)
Warehouses and storage facilities, excluding flammable fuels.
(7)
Truck terminals.
(8)
Dry cleaning and laundry establishments.
(9)
Printing and engraving.
(Ord. of 6-26-2000, § 20-1801)
There are no area regulations in the M-1 district.
(Ord. of 6-26-2000, § 20-1802)
The minimum front setback in the M-1 district shall be as follows:
(1)
Arterial street. For arterial streets, there shall be a minimum front setback of 35 feet from the lot line adjacent to such street.
(2)
Collector street. For collector streets, there shall be a minimum front setback of 25 feet from the lot line adjacent to such street.
(Ord. of 6-26-2000, § 20-1803)
There are no frontage regulations in the M-1 district.
(Ord. of 6-26-2000, § 20-1804)
(a)
Side yard. The side yard for each principal structure in the M-1 district shall be a minimum of 30 feet on each side of the structure.
(b)
Rear yard. The rear yard for each principal structure in the M-1 district shall be a minimum of 20 feet. Where the rear yard in the M-1 district is adjacent to residential zones, a minimum rear yard of 40 feet is required. In the case of a railroad right-of-way in the M-1 district, there will be no setback requirements if rail service is needed.
(Ord. of 6-26-2000, § 20-1805)
(a)
Principal buildings or structures. Principal buildings or structures in the M-1 district shall not exceed the height of 35 feet.
(b)
Accessory buildings or structures. Accessory buildings or structures in the M-1 district shall not exceed the height of 35 feet.
(c)
All structures or buildings shall be limited to a height of 35 feet unless approved by the town council upon recommendation from the planning commission.
(Ord. of 6-26-2000, § 20-1806; Ord. of 3-23-2009)
The principal building and all accessory buildings in the M-1 district shall not cover more than 50 percent of the total lot area.
(Ord. of 6-26-2000, § 20-1807)
There are no special provisions for corner lots in the M-1 district.
(Ord. of 6-26-2000, § 20-1808)
Off-street parking and parking lots in the M-1 district shall be provided by all uses as required in article VIII, division 2, of this chapter.
(Ord. of 6-26-2000, § 20-1809)
There are no accessory structure regulations in the M-1 district.
(Ord. of 6-26-2000, § 20-1810)
Before a certificate of occupancy is granted to any industrial building within the M-1 district that is adjacent to a residential district, a planted buffer strip must be provided along all property lines which adjoin a residential district.
(Ord. of 6-26-2000, § 20-1811)
The primary reason of the M-2 district is to establish and preserve areas of necessary industrial and related uses of such a nature that they require isolation from many other kinds of land uses.
(Ord. of 6-26-2000, § 20-1900)
(a)
Within the M-2 district, the following uses are permitted:
(1)
Boiler and tank works.
(2)
Brick, block, tile or pottery manufacturer.
(3)
Cement plants or related industries.
(4)
Chemical manufacturer and processing.
(5)
Dye plants.
(6)
Foundries.
(7)
Canning and packaging.
(8)
Furniture manufacturer.
(9)
Synthetic material manufacturer.
(10)
Machinery manufacturer.
(11)
Metal fabricating plants.
(12)
Quarries.
(13)
Warehousing and storage tanks provided no storage tank shall be closer than 200 feet to any property lines, other than a property line abutting a railroad right-of-way line.
(14)
Stockyards and slaughterhouses.
(15)
Truck terminals.
(16)
Coal yards.
(b)
Any other industry must have special permission from the planning commission and the town council.
(Ord. of 6-26-2000, § 20-1901)
There are no area regulations in the M-2 district.
(Ord. of 6-26-2000, § 20-1902)
The minimum front setback in the M-2 district shall be as follows:
(1)
Arterial street. For arterial streets, the minimum front setback shall be 50 feet from the lot line adjacent to such street.
(2)
Collector street. For collector streets, the minimum front setback shall be 40 feet from the lot line adjacent to such street.
(Ord. of 6-26-2000, § 20-1903)
There are not frontage regulations in the M-2 district.
(Ord. of 6-26-2000, § 20-1904)
(a)
Side yard. The side yard for each principal structure in the M-2 district shall be a minimum of 30 feet on each side of the structure.
(b)
Rear yard. The rear yard for each principal structure in the M-2 district shall be a minimum of 40 feet, except where adjacent to a railroad right-of-way, in which case there shall be no setback if such is needed to obtain desirable rail service.
(Ord. of 6-26-2000, § 20-1905)
(a)
Principal buildings or structures. Principal buildings or structures in the M-2 district shall not exceed the height of 35 feet.
(b)
Accessory buildings or structures. Accessory buildings or structures in the M-2 district shall not exceed the height of 35 feet.
(c)
All structures or buildings shall be limited to a height of 35 feet unless approved by the town council upon recommendation from the planning commission.
(Ord. of 6-26-2000, § 20-1906; Ord. of 3-23-2009)
The principal building and all accessory buildings in the M-2 district shall not cover more than 50 percent of the total lot area.
(Ord. of 6-26-2000, § 20-1907)
There are no special provisions for corner lots in the M-2 district.
(Ord. of 6-26-2000, § 20-1908)
Off-street parking and parking lots in the M-2 district shall be provided by all uses as required in article VIII, division 2, of this chapter.
(Ord. of 6-26-2000, § 20-1909)
There are no accessory structure regulations in the M-2 district.
(Ord. of 6-26-2000, § 20-1910)
Before a certificate of occupancy is granted to any industrial building within the M-2 district that is adjacent to a residential district, a planted buffer strip must be provided along all property lines which adjoin a residential district.
(Ord. of 6-26-2000, § 20-1911)
The location of a manufactured housing subdivision shall require, in addition to the zoning permit and certificate of occupancy, a conditional use permit issued by the town council upon recommendation from the planning commission. Operators of manufactured housing subdivisions shall comply with the provisions in this division.
(Ord. of 6-26-2000, § 20-2000)
For each manufactured home space in the MHS district, within a subdivision having a central water and sewer system, and designed to accommodate one manufactured home, there shall be provided 3,000 square feet of area or more, which shall front on an internal street, road or right-of-way.
(Ord. of 6-26-2000, § 20-2001)
Each manufactured home space in the MHS district shall have a minimum width of 40 feet.
(Ord. of 6-26-2000, § 20-2002)
Parking spaces for manufactured homes in the MHS district shall be arranged so as to provide a distance of 15 feet or more between individual units, but in no case closes than five feet to the individual lot line of the mobile home space.
(Ord. of 6-26-2000, § 20-2003)
Each manufactured home space in the MHS district shall be provided with individual water and sewer connections to a public system.
(Ord. of 6-26-2000, § 20-2004)
Each manufactured home space in the MHS district shall be provided with electrical outlets installed in accordance with the building code.
(Ord. of 6-26-2000, § 20-2005)
All plots of ground in a manufactured home subdivision shall be well-drained and kept in a clean and orderly manner by the owner or operator thereof.
(Ord. of 6-26-2000, § 20-2006)
No manufactured home in the MHS district shall be located on any tract, parcel or lot in the town, except in a manufactured housing subdivision or other area specifically designated for manufactured homes.
(Ord. of 6-26-2000, § 20-2007)
Off-street parking in the MHS district shall be provided by all uses as required in article VIII, division 2, of this chapter.
(Ord. of 6-26-2000, § 20-2008)
Location of accessory structures in the MHS district shall be in accordance with article VII, division 2, of this chapter.
(Ord. of 6-26-2000, § 20-2009)
The regulations for the E-1 district are designed to establish and preserve the unique character of the variety of different uses that occur on the property of educational institutions.
(Ord. of 3-4-2019(1))
Within the E-1 district, the following uses are permitted:
(1)
Administrative offices related to the educational institution.
(2)
Professional services.
(3)
Single-family dwellings.
(4)
Multi-family dwellings.
(5)
Rooming houses, boardinghouses, and dormitories.
(6)
Gymnasiums and recreational fields.
(7)
Such other uses specifically approved by the town council on recommendation of the planning commission.
(Ord. of 3-4-2019(1); Ord. of 11-19-2024(1))
There is no minimum lot size for the E-1 district due to the variety of buildings that may be located upon a property or campus.
(Ord. of 3-4-2019(1))
The minimum depth for the front yard in the E-1 district shall be as follows:
(1)
Arterial street. Arterial streets shall be setback 40 feet from the lot line adjacent to such street.
(2)
Collector street. Collector streets shall be setback 30 feet from the lot line to such street.
The zoning administrator shall have the right to require more stringent setbacks so that all new structures are constructed to meet the existing neighborhood's setbacks.
(Ord. of 3-4-2019(1))
There is no minimum frontage for the E-1 district due to the variety of buildings that may be located upon a property or campus.
(Ord. of 3-4-2019(1))
(a)
Side yard. No building in the E-1 district shall be located less than 15 feet from any adjoining property.
(b)
Rear yard. Each principal building in the E-1 district shall have a rear yard with a minimum of 25 feet.
(Ord. of 3-4-2019(1))
All structures or buildings shall be limited to a height of 35 feet unless approved by the town council upon recommendation from the planning commission.
(Ord. of 3-4-2019(1))
There is no maximum lot coverage for the E-1 district due to the variety of buildings that may be located upon a property or campus.
(Ord. of 3-4-2019(1))
Off-street parking in the E-1 district shall be approved by town council upon recommendation of the planning commission based upon the requested use and demand for parking that will be created with the new use.
(Ord. of 3-4-2019(1))
- DISTRICTS AND DISTRICT REGULATIONS
Editor's note— Ord. of 3-26-2019(2) amended Div. 7 in its entirety to read as herein set out. Former Div. 7, §§ 74-441—74-452, pertained to educational institutions, district E-1, and derived from Ord. of 6-26-2000, §§ 20-1200—20-1211; Ord. of 9-26-2005; Ord. of 4-24-2006; Ord. of 3-23-2009; Ord. of 10-10-2011(5); Ord. of 10-10-2011(8); Ord. of 7-12-2012.
Cross reference— Subdivision of land, ch. 70.
In order to classify, regulate and restrict the locations of uses and locations of buildings designated for specific areas; and to regulate and determine the areas of yards, courts and other open spaces within or surrounding such buildings, property is hereby classified into districts as prescribed in this chapter.
(Ord. of 6-26-2000, § 20-600)
(a)
Boundaries of districts. The boundaries of each zoning district are to be indicated upon the official zoning map as approved by the town council. The official zoning map and subsequent amendments thereto shall be considered as a part of this chapter.
(b)
Interpretation. Unless district boundary lines are fixed by dimensions or otherwise clearly shown or described, and where uncertainty exists with respect to the boundaries of any of the districts as shown on the zoning map, the following rules shall apply:
(1)
Where district boundaries are indicated as approximately following or being at right angles to the centerlines of streets, highways, alleys or railroad main tracks, such centerlines or lines at right angles to such centerlines shall be construed to be such boundaries, as the case may be.
(2)
Where a district boundary is indicated to follow a river, a creek or branch or other body of water, such boundary shall be construed to follow the centerline at low water or at the limit of the jurisdiction; and in the event of change in the shoreline, such boundary shall be construed as moving with the actual shoreline.
(3)
If no distance, angle, curvature description or their means is given to determine a boundary line accurately and the provisions do not apply, such boundary line shall be determined by the use of the scale shown on the zoning map. In case of subsequent dispute, a certified survey shall be required by a licensed surveyor.
(Ord. of 6-26-2000, § 20-602)
Any territory hereafter annexed shall automatically, upon such annexation, be classified as district R-1A and be subject to all conditions and regulations applicable to property in such district unless zoning districts have been determined prior to annexation.
(Ord. of 6-26-2000, § 20-604)
The O-1 district is intended to provide for permanent open spaces in the community and to safeguard the health, safety and welfare of the people by limiting development in areas where extensive development would cause undue harm to other parts of the town through excessive erosion and drainage. Therefore, these areas are classified open space districts until such time as the hazards have been corrected. Public uses of an open nature are included in the O-1 district.
(Ord. of 6-26-2000, § 20-700)
Within the O-1 district, the following uses are permitted:
(1)
Farming; however, no more than one acre can be tilled.
(2)
Parks.
(3)
Forest preserves and wildlife refuge.
(4)
Golf courses.
(5)
Watershed protection areas.
(6)
Camping and hiking trails; motorbikes will be prohibited on trails.
(Ord. of 6-26-2000, § 20-701)
There are no area regulations in the O-1 district.
(Ord. of 6-26-2000, § 20-702)
No structures shall be built within 50 feet of a public right-of-way in the O-1 district.
(Ord. of 6-26-2000, § 20-703)
The minimum frontage for permitted uses in the O-1 district shall be 100 feet at the setback line.
(Ord. of 6-26-2000, § 20-704)
There shall be required 50-foot minimum side and rear yards in the O-1 district.
(Ord. of 6-26-2000, § 20-705)
(a)
Buildings or structures in the O-1 district shall be erected up to 35 feet in height.
(b)
Accessory buildings or structures. Accessory buildings or structures in the O-1 district may not exceed the height of 35 feet.
(c)
All structures or buildings shall be limited to a height of 35 feet unless approved by the town council upon recommendation from the planning commission.
(Ord. of 6-26-2000, § 20-706; Ord. of 3-23-2009)
The principal building and all accessory buildings in the O-1 district shall cover no more than five percent of the total area.
(Ord. of 6-26-2000, § 20-707)
(a)
Of the two sides of a corner lot in the O-1 district, the front shall be deemed to be the shorter of the two sides fronting on streets.
(b)
For corner lots in the O-1 district, the width of the side yard, on the side facing the side street, shall be the greater of the two required side yards for both main and accessory buildings.
(Ord. of 6-26-2000, § 20-708)
Off-street parking in the O-1 district shall be in accordance with article VIII, division 2, of this chapter.
(Ord. of 6-26-2000, § 20-709)
The location of accessory structures in the O-1 district shall be in accordance with article VII, division 2, of this chapter.
(Ord. of 6-26-2000, § 20-710)
The A-5 district is intended to preserve and enhance the character and resources of the portions of the town where agriculture and forest uses predominate, but which contains numerous nonfarm uses. The purpose of the A-5 district is to preserve agricultural, forestal and open space land and to allow other compatible uses within such agricultural area; defer urban development until the town council determines adequate public facilities and services can be provided at reasonable costs; and serve as a buffer to farming operations by providing living opportunities in a country environment while helping to minimize incompatibilities between farmland and urban or suburban uses, thus assisting in the long-term integrity of farm, forest and open-space uses.
(Ord. of 6-26-2000, § 20-800)
Within the A-5 district, any agricultural use, including, but not limited to, dwellings, maintenance/storage buildings and other such uses necessary for the principal use, are permitted.
(Ord. of 6-26-2000, § 20-801)
All buildings and uses in the A-5 district, unless otherwise specified in this chapter, shall contain a minimum lot size of five acres.
(Ord. of 6-26-2000, § 20-802)
The minimum depth of the front yard in the A-5 district shall be as follows:
(1)
Arterial street. Arterial streets shall be 50 feet from the lot line adjacent to such street.
(2)
Collector street. Collector streets shall be 50 feet from the lot line adjacent to such street.
(Ord. of 6-26-2000, § 20-803)
The minimum lot width at the setback lines in the A-5 district shall be 250 feet.
(Ord. of 6-26-2000, § 20-804)
(a)
Side yard. The minimum side yard for each main structure in the A-5 district shall be 25 feet and the width of the two required side yards shall be 50 feet.
(b)
Rear yard. Each main structure in the A-5 district shall have a rear yard of 60 feet or more.
(Ord. of 6-26-2000, § 20-805)
(a)
Dwelling units. Dwelling units in the A-5 district shall not exceed the height of 35 feet.
(b)
Accessory buildings or structures. Accessory buildings or structures in the A-5 district shall not exceed the height of 35 feet. There are no height regulations for accessory building or structures when the structure or building is directly related to silviculture, horticulture, or agricultural activities.
(c)
All structures or buildings shall be limited to a height regulation of subsections (a) and (b) unless approved by the town council upon recommendation from the planning commission.
(Ord. of 6-26-2000, § 20-806; Ord. of 3-23-2009)
The principal building and all accessory buildings in the A-5 district shall not cover more than five percent of the total area.
(Ord. of 6-26-2000, § 20-807)
(a)
Of the two sides of a corner lot in the A-5 district, the front shall be deemed to be the shorter of the two sides fronting on streets.
(b)
The width of the side yard in the A-5 district, on the side facing the side street, shall be the greater of the two required side yards for both main and accessory buildings.
(Ord. of 6-26-2000, § 20-808)
Off-street parking in the A-5 district shall be provided by all uses as required in article VIII, division 2, of this chapter.
(Ord. of 6-26-2000, § 20-809)
There are no restrictions on the location of accessory structures in the A-5 district, except as otherwise provided.
(Ord. of 6-26-2000, § 20-810)
The purpose of the R-1A district is to allow development of homes on marginal lands usually too steep to properly allow extensive residential development. The R-1A district enables development to take place in such a manner as to preserve the natural environment of the area while it also provides opportunities for residential living.
(Ord. of 6-26-2000, § 20-900)
Within the R-1A district, the following uses are permitted:
(1)
Single-family dwellings.
(2)
Public parks.
(3)
Municipal, county, state or federal buildings or land uses.
(4)
Public utility stations, provided allot requirements of the district in which they are located are met.
(5)
Day care, family.
(6)
Day care, facility, with an appropriate state license and home occupation permit.
(Ord. of 6-26-2000, § 20-901; Ord. of 10-10-2011(2))
All buildings and uses in the R-1A district, unless otherwise specified in this chapter, shall have a minimum lot size of one acre.
(Ord. of 6-26-2000, § 20-902)
The minimum depth of the front yard in the R-1A district shall be as follows:
(1)
Arterial street. Arterial streets shall be 50 feet from the lot line adjacent to such street.
(2)
Collector street. Collector streets shall be 30 feet from the lot line adjacent to such street.
(Ord. of 6-26-2000, § 20-903)
The minimum lot width at the setback line in the R-1A district shall be 200 feet.
(Ord. of 6-26-2000, § 20-904)
(a)
Side yard. The minimum side yard for each principal structure in the R-1A district shall be a minimum of 30 feet on each side of the structure. An additional 15 feet is required for each additional story over one story.
(b)
Rear yard. The minimum depth of the rear yard in the R-1A district shall be 50 feet for each principal structure.
(Ord. of 6-26-2000, § 20-905)
(a)
Principal buildings or structures. Principal buildings or structures in the R-1A district shall not exceed a height of 35 feet.
(b)
Accessory buildings or structures. Accessory buildings or structures in the R-1A district shall not exceed the height of 15 feet.
(c)
All structures or buildings shall be limited to a height of 35 feet and accessory buildings or structures to 15 feet unless approved by the town council upon recommendation from the planning commission.
(Ord. of 6-26-2000, § 20-906; Ord. of 3-23-2009)
The principal buildings and all necessary buildings in the R-1A district shall not cover more than 20 percent of the total lot area.
(Ord. of 6-26-2000, § 20-907)
(a)
Of the two sides of a corner lot in the R-1A district, the front shall be deemed to be the shorter of the two sides fronting on streets.
(b)
The width of the side yard in the R-1A district, on the side facing the side street, shall be the greater of the two required side yards for both main and accessory buildings.
(Ord. of 6-26-2000, § 20-908)
Off-street parking in the R-1A district shall be provided by all uses as required in article VIII, division 2, of this chapter.
(Ord. of 6-26-2000, § 20-909)
The location of accessory structures in the R-1A district shall be in accordance with article VII, division 2, of this chapter.
(Ord. of 6-26-2000, § 20-910)
The R-1 district is composed of low-density residential areas plus certain open areas where similar development appears likely to occur. The regulations for the R-1 district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for family life, and to prohibit all activities of a commercial nature. To these ends, development in the R-1 district is limited to relatively low concentration and permitted uses are limited basically to single-unit dwellings. Additional uses, such as schools, parks, churches and specific public facilities that serve the residents of the R-1 district, shall be permitted. No home occupations, including room renting, are permitted in the R-1 district.
(Ord. of 6-26-2000, § 20-1000)
Within the R-1 district, the following uses are permitted:
(1)
Single-family dwellings.
(2)
Customary general farming, but not the raising of farm animals or poultry.
(3)
Schools.
(4)
Churches.
(5)
Parks and playgrounds provided they are unlighted and a planted buffer strip of trees and hedges is present.
(6)
Public utility stations, provided all lot area requirements of the district in which they are located are met.
(7)
Church bulletin boards and identification signs which are unlighted and are designed in such a manner as not to detract from adjacent residential homes.
(8)
Day care, family.
(9)
Day care, facility, with an appropriate state license and home occupation permit.
(10)
Computer/electronic-based home occupations as defined in article VII, division 10, of this chapter.
(Ord. of 6-26-2000, § 20-1001; Ord. of 10-10-2011(3))
All buildings and uses in the R-1 district, unless otherwise specified in this chapter, shall contain a minimum lot size of 12,000 square feet for each dwelling unit.
(Ord. of 6-26-2000, § 20-1002)
The minimum depth of the front yard in the R-1 district shall be as follows:
(1)
Arterial street. Arterial streets shall be 50 feet from the lot line adjacent to such street.
(2)
Collector street. Collector streets shall be 30 feet from the lot line adjacent to such street.
(Ord. of 6-26-2000, § 20-1003)
The minimum lot width at the setback lines in the R-1 district shall be 100 feet.
(Ord. of 6-26-2000, § 20-1004)
(a)
Side yard. The minimum side yard for principal structures in the R-1 district shall be 15 feet, and the total width of the two required side yards shall be 35 feet or more.
(b)
Rear yard. Each principal structure in the R-1 district shall have a rear yard of 35 feet.
(Ord. of 6-26-2000, § 20-1005)
(a)
Principal buildings or structures. Principal buildings or structures in the R-1 district shall not exceed the height of 35 feet.
(b)
Accessory buildings or structures. Accessory buildings or structures in the R-1 district shall not exceed the height of 15 feet.
(c)
All structures or buildings shall be limited to a height of 35 feet and accessory buildings or structures limited to a height of 15 feet unless approved by the town council upon recommendation from the planning commission.
(Ord. of 6-26-2000, § 20-1006; Ord. of 3-23-2009)
The principal building and all accessory buildings in the R-1 district shall not cover more than 40 percent of the total lot area.
(Ord. of 6-26-2000, § 20-1007)
(a)
Of the two sides of a corner lot in the R-1 district, the front shall be deemed to be the shorter of the two sides fronting on streets.
(b)
The width of the side yard in the R-1 district, on the side facing the side street, shall be the greater of the two required side yards for both main and accessory buildings.
(Ord. of 6-26-2000, § 20-1008)
Off-street parking in the R-1 district shall be provided by all uses as required in article VIII, division 2, of this chapter.
(Ord. of 6-26-2000, § 20-1009)
The location of accessory structures in the R-1 district shall be in accordance with article VII, division 2, of this chapter.
(Ord. of 6-26-2000, § 20-1010)
The R-2 district is composed of certain medium concentration of residential uses. The regulations for the R-2 district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage, insofar as compatible with the intensity of land use, a suitable environment for family life. The R-2 district is not completely residential as it includes public and semipublic, institutional and other related uses.
(Ord. of 6-26-2000, § 20-1100)
Within the R-2 district, the following uses are permitted:
(1)
All uses permitted in the R-1 district provided all other R-2 district requirements are observed.
(2)
Single-family dwellings.
(3)
Family homes, foster homes or group homes for the handicapped.
(4)
Schools.
(5)
Churches.
(6)
Hospitals.
(7)
Parks and playgrounds.
(8)
Day care, family.
(9)
Day care, facility, with an appropriate state license and home occupation permit.
(10)
Home occupations, as defined under article VII, division 10, of this chapter.
(Ord. of 6-26-2000, § 20-1101; Ord. of 10-10-2011(4))
All buildings and uses in the R-2 district, unless otherwise specified in this chapter, shall contain a minimum lot size of 7,500 square feet.
(Ord. of 6-26-2000, § 20-1102)
The minimum depth of the front yard in the R-2 district shall be as follows:
(1)
Arterial street. Arterial streets shall be 50 feet from the lot line adjacent to such street.
(2)
Collector street. Collector streets shall be 30 feet from the lot line to such street.
(Ord. of 6-26-2000, § 20-1103)
The minimum lot width at the setback lines in the R-2 district shall be 60 feet.
(Ord. of 6-26-2000, § 20-1104)
(a)
Side yard. The minimum side yard for each main structure in the R-2 district shall be ten feet, and the width of the two required side yards shall be 25 feet.
(b)
Rear yard. Each main structure in the R-2 district shall have a rear yard of 25 feet or more.
(Ord. of 6-26-2000, § 20-1105)
(a)
Dwelling units. Dwelling units in the R-2 district shall not exceed the height of 35 feet.
(b)
Accessory buildings or structures. Accessory buildings or structures in the R-2 district shall not exceed the height of 15 feet.
(c)
All public or semipublic buildings. All public or semipublic buildings in the R-2 district shall not exceed the height of 60 feet, and side and rear yards shall be increased one foot for each foot in height over 35 feet.
(d)
All structures or buildings shall be limited to a height of 35 feet, accessory structures limited to a height of 15 feet, and all public or semipublic buildings limited to a height of 60 feet unless approved by the town council upon recommendation from the planning commission.
(Ord. of 6-26-2000, § 20-1106; Ord. of 3-23-2009)
The principal building and all accessory buildings in the R-2 district shall not cover more than 40 percent of the total area.
(Ord. of 6-26-2000, § 20-1107)
(a)
Of the two sides of a corner lot in the R-2 district, the front shall be deemed to be the shorter of the two sides fronting on streets.
(b)
The width of the side yard in the R-2 district, on the side facing the side street, shall be the greater of the two required side yards for both main and accessory buildings.
(Ord. of 6-26-2000, § 20-1108)
Off-street parking in the R-2 district shall be provided by all uses as required in article VIII, division 2, of this chapter.
(Ord. of 6-26-2000, § 20-1109)
Location of accessory structures in the R-2 district shall be in accordance with article VII, division 2, of this chapter.
(Ord. of 6-26-2000, § 20-1110)
The regulations for the R-3 district are designed to establish and preserve medium density to high density residential districts, excluding uses which are not compatible with residential use but permitting certain nonresidential uses which are of particular convenience to the residents of the R-3 district.
(Ord. of 3-26-2019(2))
Within the R-3 district, the following uses are permitted:
(1)
All residential uses permitted in R-1 and R-2 districts provided all other R-3 district requirements are observed.
(2)
Multifamily dwellings.
(3)
Rooming houses and boardinghouses.
(4)
Tourist homes.
(5)
Rest homes.
(Ord. of 3-26-2019(2))
All buildings and uses in the R-3 district, unless otherwise specified in this chapter, shall comply with the following:
(1)
Minimum lot size. There shall be a minimum lot size of 7,500 square feet.
(2)
Reserved.
(Ord. of 3-26-2019(2); Ord. of 7-23-2024(1))
The minimum depth of the front yard in the R-3 district shall be as follows:
(1)
Arterial street. Arterial streets shall be setback 40 feet from the lot line adjacent to such street.
(2)
Collector street. Collector streets shall be setback 30 feet from the lot line to such street.
The zoning administrator shall have the right to require more stringent setbacks so that all new structures are constructed to meet the existing neighborhood's setbacks.
(Ord. of 3-26-2019(2))
The minimum lot width at the setback lines in the R-3 district shall be 50 feet.
(Ord. of 3-26-2019(2))
(a)
Side yard. The minimum total depth of the two side yards in the R-3 district shall be 16 feet for the first story and ten feet for each additional story. At least one-third of the total depth shall be provided on the smaller side.
(b)
Rear yard. Each principal building in the R-3 district shall have a rear yard with a minimum of 25 feet.
(Ord. of 3-26-2019(2))
All structures or buildings shall be limited to a height of 35 feet unless approved by the town council upon recommendation from the planning commission.
(Ord. of 3-26-2019(2))
The principal building and all accessory buildings in the R-3 district shall not cover more than 35 percent of the total lot area.
(Ord. of 3-26-2019(2))
(a)
Of the two sides of a corner lot in the R-3 district, the front shall be deemed to be the shorter of the two sides fronting on streets.
(b)
The width of the side yard in the R-3 district, on the side facing the side street, shall be the greater of the two required side yards for both main and accessory buildings.
(Ord. of 3-26-2019(2))
Off-street parking in the R-3 district shall be provided by all uses as required in article VIII, division 2, of this chapter.
(Ord. of 3-26-2019(2))
Location of accessory structures in the R-3 district shall be in accordance with article VII, division 2, of this chapter.
(Ord. of 3-26-2019(2))
(a)
Special allowances.
(1)
The town council shall have the authority to grant special allowances as deemed necessary after recommendation of the planning commission and that are listed within this provision. These special allowances will only be authorized after maps, plans, and/or all other specifications have been presented and adjacent property owners are notified by first class mail.
The applicant will be responsible for all fees involved in the notice to the public or adjacent landowners.
(2)
Special uses:
a.
Clubs and lodges.
b.
Professional offices.
c.
Finance companies and insurance agents.
d.
Clinics.
e.
Barbershops and beauty parlors.
f.
Banks.
g.
Day care centers.
h.
Any nonresidential uses listed in the R-1 and R-2 districts.
(b)
Day care centers.
(1)
Day care centers in the R-3 district shall be located on collector or arterial streets or other streets that have a minimum right-of-way of 50 feet and which are not located on a cul-de-sac. Pavement width should be at least 25 feet.
(2)
The building of day care centers in the R-3 district shall not be placed less than 25 feet from side property lines or less than 50 feet from rear property lines.
(3)
No parking is allowed in the front yard of day care centers in the R-3 district.
(4)
For day care centers in the R-3 district, the loading and unloading of children is conducted in such a manner as to provide an entrance to and separate exit from the property without backing into the street.
(c)
Open space. If there are more than six units per net acre in the R-3 district, ten percent of the total lot area is to be set aside for recreational activities. Property owners will be required to landscape and maintain such areas.
(d)
Inclusion in plat approval process. Such special allowances provided for in this section may be included in any plat approval process for the subdivision of real estate located in an R-3 district.
(Ord. of 3-26-2019(2))
Realizing that manufactured housing is now an integral part of the housing supply and realizing that safe and clean housing is a prime concern of this town, the Town of Bluefield, Virginia provides the regulations of this division for the following purposes:
(1)
To provide the orderly placement of manufactured homes within the town;
(2)
To safeguard the health, safety, and environment for residents of manufactured homes through adequate regulations; and
(3)
To allow a greater choice of housing alternatives for residents of the town.
(Ord. of 5-24-2022(2))
Editor's note— Ord. of 5-24-2022(2) renumbered the former § 74-471 as § 74-472 and enacted a new § 74-471 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.
The R-4 district shall have the same permitted uses, limitations and regulations as provided for the R-2 district with the additional provision that manufactured homes and other such single-family dwellings may be located in this district so long as they comply with all of the other provisions found with regard to single-family dwellings located in the R-2 district.
These regulations shall be known and cited as the Town of Bluefield, Virginia Manufactured Home Ordinance.
(Ord. of 6-26-2000, § 20-1300; Ord. of 5-24-2022(2))
Editor's note— See editor's note at § 74-471.
(a)
This article applies to all manufactured homes located within the town.
(b)
All manufactured homes existing on the effective date of this division which do not comply with the requirements set forth herein are deemed to be nonconforming. Nonconforming manufactured homes will be allowed to remain at their existing locations without complying with the provisions of this division. Each person proposing to move a nonconforming manufactured home to another location within the town must comply with all applicable requirements of this division.
(Ord. of 5-24-2022(2))
The use of a manufactured home as a permanent residential dwelling on an individual lot shall be permitted in the R-4 district which permits installation of a single-family site-built dwelling provided that the following standards are met:
(1)
The manufactured home is multi-section and at least 20 feet wide.
(2)
The manufactured home has a minimum floor area of 1,000 square feet.
(3)
The manufactured home has roofing materials which in color and appearance is similar to the roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings as determined by the zoning administrator. Roofs shall also have a minimum slope of 25 percent (3:12) and overhanging eaves.
(4)
The manufactured home has siding materials which are generally acceptable for site-built housing. Any siding materials may be used provided it has a tile appearance of wood, masonry, horizontal metal, or vinyl siding.
(5)
The manufactured home has a foundation of concrete or other material allowed by the Virginia Uniform Statewide Building Code for site-built homes which is aesthetically compatible with the manufactured home having the appearance of site-built construction.
(6)
The manufactured home complies with all applicable lot size, setbacks, and other requirements of the zoning district in which it is to be located.
(7)
The manufactured home provides right-of-way improvements in the same manner as site-built construction, in accordance with town policy.
(8)
Manufactured home owners or purchasers must own or be purchasing the land upon which their manufactured home is to be placed. The owner or purchaser shall record with the proper county authority a non-revocable option declaring the manufactured home as real property.
(Ord. of 5-24-2022(2))
(a)
Prior to the location, relocation, establishment or occupancy of any manufactured home, the manufactured home owner or authorized representative shall obtain a siting permit from the town. Application for the permit will be made on forms prescribed and furnished by the Town of Bluefield. When applying for a permit, the applicant shall provide a photo of the manufactured home and evidence that the unit meets the other standards as may be requested by the Town of Bluefield.
(b)
The fee for the permit shall be regulated and set by the Town of Bluefield. This fee is in addition to any other fees required for health or electrical permits.
(c)
Each permit issued by the Town of Bluefield for a manufactured home shall be valid until the manufactured home is moved to another location whether on the same or different property.
(d)
A manufactured home shall not be permanently located on any lot that already has an existing residence located on it.
(e)
The owner of the manufactured home shall be granted 90 days to complete the installation upon the lot where the manufactured home is to be permanently located. At the discretion of the zoning administrator, an additional 90-day extension shall be granted providing the manufactured home owner can show justifiable cause for the extension.
(f)
A site plan shall be submitted to the town for approval showing:
(1)
Lot lines and lot size;
(2)
Proposed location of manufactured home on lot;
(3)
Location of existing structures on lot;
(4)
Proposed location of water and sewer lines and connections; and
(5)
Scale used and north arrow.
(Ord. of 5-24-2022(2))
(a)
A temporary use permit may be issued by the town. The fee and regulation of such will be set and determined by the town council. This fee is in addition to all other required permits for electrical and health services.
(b)
Applicants who are in the process of building a conventional dwelling may apply for a temporary permit, which shall be subject to renewal, to locate a nonconforming manufactured home temporarily on the building lot during the course of construction of the dwelling. Such permit shall not be issued until after a building permit for the building has been obtained.
(c)
A temporary use permit may be issued by the town for a period not to exceed one year. A temporary permit may be renewed for an additional six-month period by the town council upon a showing of good cause. At the time the temporary permit expires the manufactured home and all other appurtenances thereto shall be removed from the property.
(d)
Any extension will be at the discretion of the town council.
(Ord. of 5-24-2022(2))
Any person, firm or corporation violating any provision of this division shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not to exceed $100.00 or be imprisoned in the county jail for a period not exceeding 60 days or be both so fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
(Ord. of 5-24-2022(2))
The primary purpose of the B-1 district is to establish and protect a business district that will serve the surrounding residential districts. Traffic and parking congestion in the B-1 district is to be held to a minimum to protect and preserve property values in the surrounding residential districts.
(Ord. of 6-26-2000, § 20-1400)
Within the B-1 district, the following uses are permitted.
(1)
Convenience business-type activity, subject to the approval of the planning commission and the town council.
(2)
Signs advertising a use conducted on the premises.
(3)
Day care, family.
(4)
Day care, facility, with an appropriate state license and home occupation permit.
(5)
Day care, group, with an appropriate state license and home occupation permit.
(6)
Off-street parking as provided by all uses as required in article VIII, division 2, of this chapter.
(Ord. of 6-26-2000, § 20-1401; Ord. of 10-10-2011(6))
There are no area regulations in the B-1 district.
(Ord. of 6-26-2000, § 20-1402)
(a)
Generally. The minimum front setback in the B-1 district shall be as follows:
(1)
Streets greater than 50 feet in width. For streets greater than 50 feet in width, there shall be a front setback of 35 feet from the lot line adjacent to such street.
(2)
Streets less than 50 feet in width. For streets less than 50 feet in width, there shall be a front setback of 30 feet from the lot line adjacent to such street.
(b)
Exemption. Signs advertising sale or rent of premises in the B-1 district may be erected up to the property line.
(Ord. of 6-26-2000, § 20-1403)
There are no frontage regulations in the B-1 district.
(Ord. of 6-26-2000, § 20-1404)
(a)
Side yard. For permitted uses in the B-1 district, the minimum side yard adjoining or adjacent to a residential or open space district shall be ten feet or more.
(b)
Rear yard. The minimum depth of the rear yard in the B-1 district shall be 25 feet.
(Ord. of 6-26-2000, § 20-1405)
(a)
Principal buildings. All principal buildings in the B-1 district shall comply with the height requirements of the most restrictive adjoining residential district.
(b)
Accessory buildings. No accessory building in the B-1 district which is within ten feet of any lot line shall be more than one story in height. All accessory buildings in the B-1 district shall be less than the main building height.
(Ord. of 6-26-2000, § 20-1406)
The principal building and all accessory buildings in the B-1 district shall not cover more than 40 percent of the total lot area.
(Ord. of 6-26-2000, § 20-1407)
There are no special provisions for corner lots in the B-1 district.
(Ord. of 6-26-2000, § 20-1408)
Off-street parking and parking lots in the B-1 district shall be provided by all uses as required in article VIII, division 2, of this chapter.
(Ord. of 6-26-2000, § 20-1409)
(a)
Generally. In the B-1 district, any accessory building or use customarily incidental to the uses permitted in sections 74-492 and 74-502 shall be permitted.
(b)
Location. The location of accessory structures in the B-1 district shall be in accordance with article VII, division 2, of this chapter and subsection 74-497(b).
(Ord. of 6-26-2000, § 20-1410)
Residential units are permitted in the B-1 district but must conform to the requirements of the most restrictive adjoining residential district.
(Ord. of 6-26-2000, § 20-1411)
The intent of the B-2 district is to provide for business areas which serve the entire town and surrounding area. The B-2 district is intended for those uses which require a central location and which businesses and services are to be used by the entire community and surrounding area. Generally, the B-2 district covers that portion of the community intended for the conduct of general business to which the public requires direct frequent access.
(Ord. of 6-26-2000, § 20-1500)
Within the B-2 district, the following uses are permitted:
(1)
Stores and shops conducting retail business.
(2)
Personal, business and professional services.
(3)
Offices, hotels, motels and restaurants.
(4)
Recreation, indoor.
(5)
Auto sales and service.
(6)
Funeral homes, clubs, and lodges.
(7)
Churches, assembly halls.
(8)
Nursing home.
(9)
Full service and self-service carwashes.
(10)
Fueling stations.
(11)
Apartments over business with three apartments or less.
(12)
Day care, group with appropriate state license and a recommendation from planning commission and approval from town council.
(Ord. of 6-26-2000, § 20-1501; Ord. of 7-23-2007; Ord. of 10-10-2011(7); Ord. of 1-12-2021(1))
There are no area regulations in the B-2 district.
(Ord. of 6-26-2000, § 20-1502)
(a)
Generally. The minimum front setback in the B-2 district shall be as follows:
(1)
Streets greater than 50 feet in width. For streets greater than 50 feet in width, there shall be a minimum front setback of ten feet from the lot line adjacent to such street.
(2)
Streets less than 50 feet in width. For streets less than 50 feet in width, there shall be a minimum front setback of five feet from the lot line adjacent to such street.
(b)
Exemption. Signs advertising sale or rent of premises in the B-2 district may be erected up to the property line.
(Ord. of 6-26-2000, § 20-1503)
There are no frontage regulations in the B-2 district.
(Ord. of 6-26-2000, § 20-1504)
(a)
Side yard. For permitted uses in the B-2 district, the minimum side yard adjoining or adjacent to a residential or open space district shall be ten feet or more.
(b)
Rear yard. There are no rear yard regulations in the B-2 district.
(Ord. of 6-26-2000, § 20-1505)
(a)
Principal buildings or structures. Principal buildings or structures in the B-2 district shall not exceed the height of 35 feet.
(b)
Accessory buildings or structures. Accessory buildings or structures in the B-2 district shall not exceed the height of 35 feet.
(c)
All structures or buildings shall be limited to a height of 35 feet unless approved by the town council upon recommendation from the planning commission.
(Ord. of 6-26-2000, § 20-1506; Ord. of 3-23-2009)
There are no maximum lot coverage regulations in the B-2 district.
(Ord. of 6-26-2000, § 20-1507)
There are no special provisions for corner lots in the B-2 district.
(Ord. of 6-26-2000, § 20-1508)
Off-street parking and parking lots in the B-2 district shall be provided by all uses as required in article VIII, division 2, of this chapter.
(Ord. of 6-26-2000, § 20-1509)
There are no accessory structure regulations in the B-2 district.
(Ord. of 6-26-2000, § 20-1510)
The B-3 district provides an area or place for business which does not require a central business location and which is not suitable to be located in the B-1 district. The B-3 district is intended to have more open space between and around buildings than is desirable in the B-2 district.
(Ord. of 6-26-2000, § 20-1600)
Within the B-3 district, the following uses are permitted:
(1)
Any uses permitted in the B-2 district.
(2)
Animal clinics without outside kennels.
(3)
Clinics.
(4)
Drive-in restaurants.
(5)
Drive-in theaters.
(6)
Funeral homes.
(7)
Motels.
(8)
Used car lots.
(Ord. of 6-26-2000, § 20-1601)
There are no area regulations in the B-3 district.
(Ord. of 6-26-2000, § 20-1602)
(a)
Generally. The minimum front setback in the B-3 district shall be as follows:
(1)
Streets greater than 50 feet in width. For streets greater than 50 feet in width, there shall be a minimum front setback of 35 feet from the lot line adjacent to such street.
(2)
Streets less than 50 feet in width. For streets less than 50 feet in width, there shall be a minimum front setback of 30 feet from the lot line adjacent to such street.
(b)
Exemption. Signs advertising sale or rent of premises in the B-3 district may be erected up to the property line.
(Ord. of 6-26-2000, § 20-1603)
There are no frontage regulations in the B-3 district.
(Ord. of 6-26-2000, § 20-1604)
(a)
Side yard. For permitted uses in the B-3 district, the minimum side yard adjoining or adjacent to a residential or open space district shall be ten feet or more.
(b)
Rear yard. The minimum depth of the rear yard in the B-3 district shall be 25 feet.
(Ord. of 6-26-2000, § 20-1605)
(a)
Principal buildings or structures. Principal buildings or structures in the B-3 district shall not exceed the height of 35 feet.
(b)
Accessory buildings or structures. Accessory buildings or structures in the B-3 district shall not exceed the height of 35 feet.
(c)
All structures or buildings shall be limited to a height of 35 feet unless approved by the town council upon recommendation from the planning commission.
(Ord. of 6-26-2000, § 20-1606; Ord. of 3-23-2009)
The principal building and all accessory buildings in the B-3 district shall not cover more than 60 percent of the total lot area.
(Ord. of 6-26-2000, § 20-1607)
There are no special provisions for corner lots in the B-3 district.
(Ord. of 6-26-2000, § 20-1608)
Off-street parking and parking lots in the B-3 district shall be provided by all uses as required in article VIII, division 2, of this chapter.
(Ord. of 6-26-2000, § 20-1609)
(a)
Generally. In the B-3 district, any accessory building or use customarily incidental to the uses permitted in sections 74-552 and 74-562 shall be permitted.
(b)
Location. Location of accessory structures in the B-3 district shall be in accordance with article VII, division 2, of this chapter and subsection 74-417(b).
(Ord. of 6-26-2000, § 20-1610)
Residential units are permitted in the B-3 district but must conform to the requirements of the most restrictive adjacent or adjoining residential district.
(Ord. of 6-26-2000, § 20-1611)
The primary intent of the SC-1 district is to establish commercial areas which would be attractive for a wide range of retail uses and places of amusement, designed in such a manner as to accommodate a high volume of traffic in a safe and conducive manner.
(Ord. of 6-26-2000, § 20-1700; Ord. of 5-29-2001, § 20-1700)
A shopping center is defined as a group of commercial establishments planned, developed, owned or managed as a unit, with off-street parking provided on the property; however, this will not apply to areas of less than one acre.
(Ord. of 6-26-2000, § 20-1701; Ord. of 5-29-2001, § 20-1701)
Cross reference— Definitions generally, § 1-2.
A building in the SC-1 district may be used only for the following purposes:
(1)
Stores and shops conducting retail business.
(2)
Personal, business and professional services.
(3)
Offices, hotels, motels and restaurants.
(4)
Amusements and recreation.
(5)
Itinerant sales or business unless approved by the town council on the recommendation of the planning commission.
(6)
Such other uses specifically approved by the town council on recommendation of the planning commission.
(Ord. of 6-26-2000, § 20-1702; Ord. of 5-29-2001, § 20-1702; Ord. of 8-28-2012(1))
Minimum standards in the SC-1 district shall be as follows:
(1)
The aggregate of all buildings proposed shall not exceed 30 percent of the entire lot area of the project.
(2)
No building shall be set back less than 60 feet from any public street bounding the project area.
(3)
There shall be one parking space for each 200 square feet of total floor space.
(4)
Any part of the project not used for buildings or other structures, parking, loading and accessways shall be landscaped with grass, trees, shrubs or pedestrian walkways.
(5)
The streets, parking areas and walks shall be paved with hard surface materials meeting specifications approved by the town.
(6)
The design guidelines for large retail establishments as outlined in article VII, division 8, of this chapter.
(Ord. of 6-26-2000, § 20-1703; Ord. of 5-29-2001, § 20-1703)
(a)
Application. The owner or lessee of any tract of land zoned SC-1 shall, prior to any development, submit to the planning commission for study and recommendation a preliminary site plan for the use and development of any tract for the purposes set forth in this division.
(b)
Preliminary plan. The preliminary site plan submitted for the SC-1 district shall show all roads and drainage, existing and proposed drives and parking areas, buildings lines enclosing the portion of the tract within which buildings are to be erected, boundaries of tracts, and proposed use of land and buildings. The surrounding street system and existing land usage shall be shown. Plans may also be submitted showing profiles of proposed sanitary sewers and stormwater sewers, with grades, sizes and elevations indicated; proposed water distribution system, showing pipe size and location of valves and fire hydrants; and complete grading plans.
(c)
Limitations. Before recommending the approval of a plan within the SC-1 district, the planning commission may make reasonable additional requirements concerning, but not limited to, the limitation of uses, landscaping, lighting, signs and advertising devices, screening and planting, setback and height of buildings, paving, access ways, and other matters taking into consideration the character of the surrounding area so as to protect adjoining property, and to provide for public safety and prevent traffic congestion.
(d)
Commission recommendation. Within 60 days after application for preliminary plan review has been submitted, the planning commission shall make a written recommendation to the town council approving, conditionally approving or disapproving the plan.
(e)
Council review. The town council may review the preliminary site plan and may make reasonable additional requirements as listed in subsection (c) of this section.
(Ord. of 6-26-2000, § 20-1704; Ord. of 5-29-2001, § 20-1704)
(a)
Submittal. A site plan embodying all additional requirements imposed by the planning commission and the town council, if any, shall be prepared and submitted by the applicant to the planning commission. This plan, to be known as the site plan and shall show, in addition to the requirements set forth in section 74-585, the boundaries of the entire tract and a certification by a licensed land surveyor or professional engineer that the boundaries have been surveyed and are correct.
(b)
Commission recommendation. Within 60 days after submittal of the site plan, the planning commission shall make a written recommendation to town council approving, conditionally approving or disapproving the plan.
(c)
Council approval. After approval by the town council, the plan shall be placed on record with the town zoning administrator.
(d)
Expiration. An approved site plan in the SC-1 district shall expire three years after approval by the town council, unless an extension of time is specifically allowed by the town council.
(Ord. of 6-26-2000, § 20-1705; Ord. of 5-29-2001, § 20-1705)
The primary intent of the SC-OP district is to establish commercial areas in a small scale which would be attractive for a wide range of retail uses, places of amusement, and restaurants, designed in such a manner as to accommodate a high volume of traffic in a safe and conductive manner.
(Ord. of 6-26-2000, § 20-1750; Ord. of 5-29-2001, § 20-1750)
A building in the SC-OP district may be used only for the following purposes:
(1)
Stores and shops conducting retail business.
(2)
Personal, business and professional services.
(3)
Offices, hotels, motels and restaurants.
(4)
Amusement and recreation.
(5)
Itinerant sales or business unless approved by the town council on the recommendation of the planning commission.
(6)
Such other uses specifically approved by the town council on recommendation of the planning commission.
(Ord. of 6-26-2000, § 20-1751; Ord. of 5-29-2001, § 20-1751; Ord. of 8-28-2012(2))
Minimum standards in the SC-OP district shall be as follows:
(1)
The aggregate of all buildings proposed shall not exceed 50 percent of the entire lot area of the project.
(2)
No building shall be set back less than 30 feet from any public street bounding the project area.
(3)
There shall be one parking space for each 200 square feet of total floor space.
(4)
Any part of the project not used for buildings or other structures, parking, loading and access ways shall be landscaped with grass, trees, shrubs or pedestrian walkways.
(5)
The streets, parking areas and walks shall be paved with hard surface materials meeting specifications approved by the town.
(6)
The design guidelines for large retail establishments as outlined in article VII, division 8, of this chapter.
(Ord. of 6-26-2000, § 20-1752; Ord. of 5-29-2001, § 20-1752; Ord. of 9-10-2001, § 20-1752)
(a)
Application. The owner or lessee of any tract of land zoned SC-OP shall, prior to any development, submit to the planning commission for study and recommendation a preliminary site plan for the use and development of any tract for the purposes set forth in this division.
(b)
Preliminary plan. The preliminary site plan submitted in a SC-OP district shall show all roads and drainage, existing and proposed drives and parking areas, buildings lines enclosing the portion of the tract within which buildings are to be erected, boundaries of tracts, and proposed use of land and buildings. The surrounding street system and existing land usage shall be shown. Plans may also be submitted showing profiles of proposed sanitary sewers and stormwater sewers, with grades, sizes and elevations indicated; proposed water distribution system, showing pipe size and location of valves and fire hydrants; and complete grading plans.
(c)
Limitations. Before recommending the approval of a plan within the shopping center out parcel district, the planning commission may make reasonable additional requirements concerning, but not limited to, the limitation of uses, landscaping, lighting, signs and advertising devices, screening and planting, setback and height of buildings, paving, access ways, and other matters taking into consideration the character of the surrounding area so as to protect adjoining property, and to provide for public safety and prevent traffic congestion.
(d)
Commission recommendation. Within 60 days after application for preliminary plan review within the shopping center out parcel district has been submitted, the planning commission shall make a written recommendation to the town council approving, conditionally approving or disapproving the plan.
(e)
Council review. The town council may review the preliminary site plan within the SC-OP district and may make reasonable additional requirements as listed in subsection (c) of this section.
(Ord. of 6-26-2000, § 20-1753; Ord. of 5-29-2001, § 20-1753)
(a)
Submittal. Within the SC-OP district, a site plan embodying all additional requirements imposed by the planning commission and the town council, if any, shall be prepared and submitted by the applicant to the planning commission. This plan, to be known as the site plan shall show, in addition to the requirements set forth in section 74-614, the boundaries of the entire tract and a certification by a licensed land surveyor that the boundaries have been surveyed and are correct.
(b)
Commission recommendation. Within 60 days after submittal of the site plan for areas within the SC-OP district, the planning commission shall make a written recommendation to town council approving, conditionally approving or disapproving the plan.
(c)
Council approval. After approval by the town council, the plan shall be placed on record with the town zoning administrator.
(d)
Expiration. An approved site plan within the SC-OP district shall expire three years after approval by the town council, unless an extension of time is specifically allowed by the town council.
(Ord. of 6-26-2000, § 20-1754; Ord. of 5-29-2001, § 20-1754)
The primary reason of the M-1 district is to establish and preserve areas of industrial and related uses of such a nature that they do not create serious problems of compatibility with other kinds of land uses.
(Ord. of 6-26-2000, § 20-1800)
Within the M-1 district, the following uses are permitted:
(1)
Bottling works.
(2)
Building materials yard.
(3)
Contractor's storage yard.
(4)
Cabinetmaking.
(5)
Any manufacturing process which does not cause injurious or obnoxious noise vibrations, smoke, gas, fumes, odors, dust, fire hazards or other objectionable conditions.
(6)
Warehouses and storage facilities, excluding flammable fuels.
(7)
Truck terminals.
(8)
Dry cleaning and laundry establishments.
(9)
Printing and engraving.
(Ord. of 6-26-2000, § 20-1801)
There are no area regulations in the M-1 district.
(Ord. of 6-26-2000, § 20-1802)
The minimum front setback in the M-1 district shall be as follows:
(1)
Arterial street. For arterial streets, there shall be a minimum front setback of 35 feet from the lot line adjacent to such street.
(2)
Collector street. For collector streets, there shall be a minimum front setback of 25 feet from the lot line adjacent to such street.
(Ord. of 6-26-2000, § 20-1803)
There are no frontage regulations in the M-1 district.
(Ord. of 6-26-2000, § 20-1804)
(a)
Side yard. The side yard for each principal structure in the M-1 district shall be a minimum of 30 feet on each side of the structure.
(b)
Rear yard. The rear yard for each principal structure in the M-1 district shall be a minimum of 20 feet. Where the rear yard in the M-1 district is adjacent to residential zones, a minimum rear yard of 40 feet is required. In the case of a railroad right-of-way in the M-1 district, there will be no setback requirements if rail service is needed.
(Ord. of 6-26-2000, § 20-1805)
(a)
Principal buildings or structures. Principal buildings or structures in the M-1 district shall not exceed the height of 35 feet.
(b)
Accessory buildings or structures. Accessory buildings or structures in the M-1 district shall not exceed the height of 35 feet.
(c)
All structures or buildings shall be limited to a height of 35 feet unless approved by the town council upon recommendation from the planning commission.
(Ord. of 6-26-2000, § 20-1806; Ord. of 3-23-2009)
The principal building and all accessory buildings in the M-1 district shall not cover more than 50 percent of the total lot area.
(Ord. of 6-26-2000, § 20-1807)
There are no special provisions for corner lots in the M-1 district.
(Ord. of 6-26-2000, § 20-1808)
Off-street parking and parking lots in the M-1 district shall be provided by all uses as required in article VIII, division 2, of this chapter.
(Ord. of 6-26-2000, § 20-1809)
There are no accessory structure regulations in the M-1 district.
(Ord. of 6-26-2000, § 20-1810)
Before a certificate of occupancy is granted to any industrial building within the M-1 district that is adjacent to a residential district, a planted buffer strip must be provided along all property lines which adjoin a residential district.
(Ord. of 6-26-2000, § 20-1811)
The primary reason of the M-2 district is to establish and preserve areas of necessary industrial and related uses of such a nature that they require isolation from many other kinds of land uses.
(Ord. of 6-26-2000, § 20-1900)
(a)
Within the M-2 district, the following uses are permitted:
(1)
Boiler and tank works.
(2)
Brick, block, tile or pottery manufacturer.
(3)
Cement plants or related industries.
(4)
Chemical manufacturer and processing.
(5)
Dye plants.
(6)
Foundries.
(7)
Canning and packaging.
(8)
Furniture manufacturer.
(9)
Synthetic material manufacturer.
(10)
Machinery manufacturer.
(11)
Metal fabricating plants.
(12)
Quarries.
(13)
Warehousing and storage tanks provided no storage tank shall be closer than 200 feet to any property lines, other than a property line abutting a railroad right-of-way line.
(14)
Stockyards and slaughterhouses.
(15)
Truck terminals.
(16)
Coal yards.
(b)
Any other industry must have special permission from the planning commission and the town council.
(Ord. of 6-26-2000, § 20-1901)
There are no area regulations in the M-2 district.
(Ord. of 6-26-2000, § 20-1902)
The minimum front setback in the M-2 district shall be as follows:
(1)
Arterial street. For arterial streets, the minimum front setback shall be 50 feet from the lot line adjacent to such street.
(2)
Collector street. For collector streets, the minimum front setback shall be 40 feet from the lot line adjacent to such street.
(Ord. of 6-26-2000, § 20-1903)
There are not frontage regulations in the M-2 district.
(Ord. of 6-26-2000, § 20-1904)
(a)
Side yard. The side yard for each principal structure in the M-2 district shall be a minimum of 30 feet on each side of the structure.
(b)
Rear yard. The rear yard for each principal structure in the M-2 district shall be a minimum of 40 feet, except where adjacent to a railroad right-of-way, in which case there shall be no setback if such is needed to obtain desirable rail service.
(Ord. of 6-26-2000, § 20-1905)
(a)
Principal buildings or structures. Principal buildings or structures in the M-2 district shall not exceed the height of 35 feet.
(b)
Accessory buildings or structures. Accessory buildings or structures in the M-2 district shall not exceed the height of 35 feet.
(c)
All structures or buildings shall be limited to a height of 35 feet unless approved by the town council upon recommendation from the planning commission.
(Ord. of 6-26-2000, § 20-1906; Ord. of 3-23-2009)
The principal building and all accessory buildings in the M-2 district shall not cover more than 50 percent of the total lot area.
(Ord. of 6-26-2000, § 20-1907)
There are no special provisions for corner lots in the M-2 district.
(Ord. of 6-26-2000, § 20-1908)
Off-street parking and parking lots in the M-2 district shall be provided by all uses as required in article VIII, division 2, of this chapter.
(Ord. of 6-26-2000, § 20-1909)
There are no accessory structure regulations in the M-2 district.
(Ord. of 6-26-2000, § 20-1910)
Before a certificate of occupancy is granted to any industrial building within the M-2 district that is adjacent to a residential district, a planted buffer strip must be provided along all property lines which adjoin a residential district.
(Ord. of 6-26-2000, § 20-1911)
The location of a manufactured housing subdivision shall require, in addition to the zoning permit and certificate of occupancy, a conditional use permit issued by the town council upon recommendation from the planning commission. Operators of manufactured housing subdivisions shall comply with the provisions in this division.
(Ord. of 6-26-2000, § 20-2000)
For each manufactured home space in the MHS district, within a subdivision having a central water and sewer system, and designed to accommodate one manufactured home, there shall be provided 3,000 square feet of area or more, which shall front on an internal street, road or right-of-way.
(Ord. of 6-26-2000, § 20-2001)
Each manufactured home space in the MHS district shall have a minimum width of 40 feet.
(Ord. of 6-26-2000, § 20-2002)
Parking spaces for manufactured homes in the MHS district shall be arranged so as to provide a distance of 15 feet or more between individual units, but in no case closes than five feet to the individual lot line of the mobile home space.
(Ord. of 6-26-2000, § 20-2003)
Each manufactured home space in the MHS district shall be provided with individual water and sewer connections to a public system.
(Ord. of 6-26-2000, § 20-2004)
Each manufactured home space in the MHS district shall be provided with electrical outlets installed in accordance with the building code.
(Ord. of 6-26-2000, § 20-2005)
All plots of ground in a manufactured home subdivision shall be well-drained and kept in a clean and orderly manner by the owner or operator thereof.
(Ord. of 6-26-2000, § 20-2006)
No manufactured home in the MHS district shall be located on any tract, parcel or lot in the town, except in a manufactured housing subdivision or other area specifically designated for manufactured homes.
(Ord. of 6-26-2000, § 20-2007)
Off-street parking in the MHS district shall be provided by all uses as required in article VIII, division 2, of this chapter.
(Ord. of 6-26-2000, § 20-2008)
Location of accessory structures in the MHS district shall be in accordance with article VII, division 2, of this chapter.
(Ord. of 6-26-2000, § 20-2009)
The regulations for the E-1 district are designed to establish and preserve the unique character of the variety of different uses that occur on the property of educational institutions.
(Ord. of 3-4-2019(1))
Within the E-1 district, the following uses are permitted:
(1)
Administrative offices related to the educational institution.
(2)
Professional services.
(3)
Single-family dwellings.
(4)
Multi-family dwellings.
(5)
Rooming houses, boardinghouses, and dormitories.
(6)
Gymnasiums and recreational fields.
(7)
Such other uses specifically approved by the town council on recommendation of the planning commission.
(Ord. of 3-4-2019(1); Ord. of 11-19-2024(1))
There is no minimum lot size for the E-1 district due to the variety of buildings that may be located upon a property or campus.
(Ord. of 3-4-2019(1))
The minimum depth for the front yard in the E-1 district shall be as follows:
(1)
Arterial street. Arterial streets shall be setback 40 feet from the lot line adjacent to such street.
(2)
Collector street. Collector streets shall be setback 30 feet from the lot line to such street.
The zoning administrator shall have the right to require more stringent setbacks so that all new structures are constructed to meet the existing neighborhood's setbacks.
(Ord. of 3-4-2019(1))
There is no minimum frontage for the E-1 district due to the variety of buildings that may be located upon a property or campus.
(Ord. of 3-4-2019(1))
(a)
Side yard. No building in the E-1 district shall be located less than 15 feet from any adjoining property.
(b)
Rear yard. Each principal building in the E-1 district shall have a rear yard with a minimum of 25 feet.
(Ord. of 3-4-2019(1))
All structures or buildings shall be limited to a height of 35 feet unless approved by the town council upon recommendation from the planning commission.
(Ord. of 3-4-2019(1))
There is no maximum lot coverage for the E-1 district due to the variety of buildings that may be located upon a property or campus.
(Ord. of 3-4-2019(1))
Off-street parking in the E-1 district shall be approved by town council upon recommendation of the planning commission based upon the requested use and demand for parking that will be created with the new use.
(Ord. of 3-4-2019(1))