No building or land shall hereafter be used or occupied and no building or part thereof shall be erected, constructed, moved, or structurally altered except in conformity with the regulations, herein specified for the district in which it is or is to be located.

501.01

Permitted uses. A permitted use is one which is allowed in the district in which the land is situated. Where the proposed use is permitted and is in accordance with other regulations herein, a zoning permit will be issued by the zoning administrator, without a public hearing.

501.02

Conditional use. A conditional use is one which may be allowed when the Buena Vista City Council, after review of the application and hearing thereon, finds as a fact that the proposed use or uses are consistent with the comprehensive plan and the policies of the city and the public interest. Where the use is conditional, a zoning permit will be issued by the zoning administrator after such conditional use has been approved by the city council.

No building shall hereafter be erected, constructed, or altered so as to exceed the height limit, to accommodate or house a greater number of families, or to occupy a greater percentage of the lot area than is required or specified in the regulations herein for the district in which it is located.

No new lot or yard shall hereafter be created, nor shall any lot or yard existing at the time of enactment of this ordinance be altered, nor shall any building or structure, whether new or existing be moved, so that lot width, depth, or area requirements; front, side, or rear yard requirements; or inner or outer court requirements; or other requirements of this ordinance are not maintained, except when a portion of a lot is acquired for public use. No part of a yard or other open space required for any building for the purpose of complying with the provisions of this ordinance shall be included as part of a yard or other open space similarly required for another building. Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, cornices, buttresses, ornamental feature, chimneys, flues, eaves, provided such projections shall not extended into the required yard areas for a distance exceeding two feet.

Gardening shall be exempt from zoning permit requirements in any district allowing residential uses provided that such gardening shall not be objectionable by reason of odor, dust, noise, pollution, soil erosion, sedimentation, or drainage.

Nothing contained herein shall require any change in the plans or construction of any building or structure for which a permit was granted prior to the effective date of this ordinance. However, if such construction does not commence within 30 days after this ordinance becomes effective, or if construction is discontinued for a period of six months or more, further construction shall be in conformity with the provisions of this ordinance for the district in which the operation is located.

Single large buildings meeting or exceeding the size limits set forth below must receive a conditional use permit in accordance with article 8 of these regulations prior to construction:

506.01

Multiple buildings in connection with a common commercial enterprise shall be treated as a single building for the purpose of the size limitations contained herein, regardless of whether such buildings are on a common lot or owned by a common owner.

506.02

The term "commercial enterprises," as used in this section, means any person or entity, or combination of persons or entities, engaged in a common business, industrial, or commercial undertaking. For the purposes of this section, residential uses shall not be considered commercial enterprises.

(Ord. of 2-7-2006; Ord. of 5-10-2008)

507.01

Findings and intent; standards promulgated.

507.01-1

Adequate access to all properties is essential for the safety of persons and property. Emergency vehicles shall be able to access all properties and buildings in order to provide fire protection and medical services. Emergency vehicles are often larger and heavier than standard passenger vehicles and require special consideration in the design and construction of streets and driveways.

507.01-2

Streets, whether publicly or privately owned, are shared among multiple users who include both property owners and the general public. As shared spaces with multiple users, adequate legal agreements are essential to sustainable long-term maintenance of the roadway and other features of the street.

507.01-3

It is the intent of this ordinance to promulgate the goals of safe accessibility and long-term maintenance by regulating the construction of buildings in relation to streets and the use of land for public and private streets.

507.01-4

All references to city, state, commonwealth, or VDOT standards mean the current version of the Virginia Department of Transportation (VDOT) Road Design Manual. The purpose of adhering to these standards is to ensure quality design and construction as well as eligibility for lane mile payments for public streets.

507.02

Except as otherwise stated, a principal building or structure may be erected, or a primary use established, only on a lot which possesses frontage on one of the following:

507.02-1

A public street accepted into and maintained as part of the road system of the city or commonwealth;

507.02-1.01

For the purposes of frontage, a street is considered to be public if it has been dedicated as a future public street; the city has stated that it will accept this street in the future; it meets applicable design standards; and the cost of its construction is bonded with the city or otherwise financially ensured.

507.02-2

A private street which meets the requirements below. Private streets are intended to provide flexibility of site design in comprehensive residential and commercial developments where legal and organizational infrastructure exists to insure adequate long-term maintenance of roadways, and to provide cost-effective access to lots not directly abutting public streets.

507.02-2.01

Private streets are prohibited in public rights-of-way. If a public right-of-way is vacated by the city for the purpose of construction of a private street, the city may require dedication of an access easement and may reserve the right to buy back the right-of-way for future construction of a public street.

507.02-2.02

Private streets shall be constructed, at a minimum, using the VDOT GS-4 Geometric Design Standards for Rural Local Road System or VDOT GS-8 Geometric Design Standards for Urban Local Street System. The zoning administrator must approve which standard is used.

507.02-2.03

Traffic control devices, signage, and other features of private roads shall conform to accepted industry standards.

507.02-2.04

At each intersection of a private street and a public street, the city shall post a sign stating that the street is a private street.

507.02-2.05

A homeowners' association, deed of easement or other agreement, shall be established to provide for the permanent maintenance of the private street(s). The homeowners' association shall include, or the deed of easement or other agreement shall burden, all lots abutting the private street.

507.02-2.06

Site plan required. Any development which involves construction of a private street must adhere to the site plan review process in article 15, except such development which is otherwise subject to similar review as a planned unit development, zoning map amendment, or conditional use permit.

507.02-2.07

Financial guarantee. Approval of a new private street shall be contingent upon the developer providing to the city a performance bond, cash, cashier's check or an irrevocable letter of credit acceptable to the city to ensure that measures could be taken by the city at the developer's expense should the developer fail, after proper notice, within the time specified, to construct and complete the private street. The amount of the bond or other security for performance shall not exceed the total of the estimated cost to construct the street and a reasonable allowance for estimated administrative costs and inflation which shall not exceed 25 percent of the cost of the construction. Should it be necessary for the city to undertake such construction, the city may collect from the applicant any costs in excess of the amount of the surety held.

507.03

Exceptions to frontage requirement.

507.03-1

On a lot with a primary structure in existence on January 1 2020 and which abuts an existing private street or unimproved public street, new uses and accessory structures may be permitted.

507.03-2

Structures or uses may be erected or established on a lot which does not abut a public street as part of a planned unit development (PUD) approved by city council.

507.03-3

Non-residential structures or uses may be erected or established on a lot which does not abut a street, provided the zoning administrator has determined the following:

507.03-3.01

A permanent access easement has been recorded providing adequate vehicular access from the structure or use to a street constructed to the standards of the city and dedicated as a public street; and

507.03-3.02

Direct access from said structure or use to a public street is not feasible.

507.03-4

The city may enter into an agreement for construction or use of a private street in the public right-of-way to serve a public or private utility or telecommunications facility.

507.04

Minimum frontage.

507.04-1

Except as otherwise stated, no principal building, structure, or use may be erected or established on any lot which does not possess the minimum street frontage specified for said building, structure, or use by this ordinance or by an approved plan of development. Street frontage requirements may be found in section 630.00 Table of setbacks, or elsewhere in this ordinance.

507.04-2

The minimum street frontage for any use in any zone, if not otherwise specified elsewhere in this code or in an approved plan of development, shall be 25 feet.

507.04-3

Minimum street frontage requirements may be reduced by a special exception approved by the board of zoning appeals. The following conditions apply:

507.04-3.1

Adequate access to buildings and property for emergency responders and emergency vehicles must be provided.

507.04-3.2

The configuration of lots and streets shall be consistent with the development of a well-connected street grid as promulgated in the comprehensive plan. The creation of cul-de-sacs and dead-ends should respond to terrain features such as steep slopes or streams, or to other features that make extension of public streets infeasible.

507.04-3.3

The configuration of lots or their access shall not hinder or obstruct construction of future private or public streets. The board of zoning appeals may consider the existence of access easements and future roadway reservations.

507.04-4

Where the principal building is located on the same lot as a private street or portion of a private street providing principal means of access to said building, frontage may be measured as the horizontal edge of the private street right-of-way located within the lot.

507.04-5

The entire portion of a lot which abuts a street constructed to the standards of the city and dedicated as a public street shall be improved to city standards by the developer when the lot is developed.

507.05

Access control and driveways.

507.05-1

All driveway entrances and other access points to public streets are subject to the approval of the city manager or his designee and compliance with other applicable requirements of the land development regulations.

507.05-2

The city manager or his designee may permit construction of a temporary private driveway across an undeveloped public right-of-way for the purpose of accessing land but not commencing permanent uses or constructing permanent structures. Property owner must submit application for public right-of-way construction. The following criteria shall be considered:

507.05-2.01

The anticipated volume and frequency of vehicular traffic on such driveway.

507.05-2.02

The anticipated impact on surrounding streets in terms of physical condition, traffic, and safety.

507.05-2.03

The anticipated environmental impact, including erosion and sediment control and storm water management.

507.05-2.04

The design and materials of the driveway.

507.05-2.05

Potential for future conversion of the driveway to a permanent public or private street.

507.05-2.06

The anticipated impact of the driveway on surrounding property values.

(Ord. No. 21-09, Exh. A, 7-15-2021; Ord. No. 22-13, 9-8-2022)