This district is intended as a transitional district for the combination of medium density residential uses and the conduct of limited business. This district will provide for a variety in housing types as well as for those public and semi-public uses and accessory uses, as may be necessary or are normally associated with residential surroundings, while including such business uses as retail stores, banks, theaters, business and professional offices, day care centers, restaurants and service stations which the public requires direct and frequent access, but which is not characterized either by constant heavy trucking other than stocking and delivery of light retail goods or by any nuisance factors other than occasioned by incidental light and noise of congregation of people and passenger vehicles. This district is intended to serve as a buffer between purely residential districts and districts which allow general commercial activity. Emphasis will be placed upon planned development with binding conditions to ensure the protection of both neighboring residential areas and residences within the district.

(Code 1992, § 30-66; Ord. No. 2004-4, 9-7-2004)

In the MU-1 Mixed Use: Residential - Limited Business District, structures to be erected, or land to be used, shall be for one or more of the following uses (Note: Activities or uses which instruct the reader to 'see' a permitted use serve only as a cross reference to the list of permitted uses and associated conditions, if any. The listing of a cross reference in no way implies that the cross reference is a permitted use or activity. Listed permitted uses which instruct the reader to 'see also' another permitted use or section of this chapter or this Code are intended to refer the reader to additional information that is relevant to that permitted use.):

(1)

Single-family dwellings, including a family and one unrelated individual per unit.

(2)

Two-family dwellings, including a family and up to two unrelated individuals per unit.

(3)

Minor home occupations. Major home occupations with a conditional use permit.

(4)

Townhouses, including a family and up to two unrelated individuals per unit, (see article XX, townhouses, for townhouse provisions) with a conditional use permit.

(5)

Condominiums, including a family and up to two unrelated individuals per unit, with a conditional use permit.

(6)

Multiple-family dwellings, including a family and up to two unrelated individuals per unit, with a conditional use permit.

(7)

Planned housing developments, including a family and up to two unrelated individuals per unit, subject to the special regulations of section 42-227, with a conditional use permit.

(8)

Bed and breakfast inns, with a conditional use permit.

(9)

Family day homes serving one through five children. Family day homes serving six through 12 children, with a conditional use permit.

(10)

Parks and playgrounds.

(11)

Public buildings to consist of fire, police and rescue squad stations, schools, recreational facilities, libraries, museums and art galleries. Private schools, recreational facilities, libraries, museums and art galleries with a conditional use permit.

(12)

Off-street parking and loading.

(13)

Signs in accord with the sign ordinance in article XXIV, signs.

(14)

Construction trailers on active construction sites.

(15)

Facilities and structures necessary for rendering utility service, including poles, wires, transformers, transmission lines, telephone booths and the like for normal electrical power distribution or communication service; communications antennas; amateur radio towers; meters and pipelines or conduits for electrical, gas, sewer or water service; pumping and regulator stations; substations. Communications monopoles and major transmission lines are permitted with a conditional use permit.

(16)

Accessory buildings, such as separate garages or carports, workshops, toolsheds and greenhouses; provided, that garages or other accessory buildings, such as carports, porches and stoops attached to the main building, shall be considered part of the main building; provided further, that no accessory building shall be closer than three feet to any property line or located within any easement or right-of-way.

(17)

Any use permitted in the B-1 Limited Business District, with a conditional use permit and subject to the use regulations of this district, except that uses permitted as conditional uses in the B-1 Limited Business District but permitted by right in the MU-1 District, shall not require a conditional use permit. Uses permitted in the B-1 Limited Business District with a conditional use permit are limited to the following provision exceptions.

a.

Fitness center or health club shall be limited to a maximum of 2,500 square feet.

b.

Rental of household items, tools and appliances shall be limited to a maximum of 2,500 square feet with all storage inside a fully enclosed building.

c.

Greenhouse or nursery, commercial or retail (but not wholesale) limited to a maximum of 2,500 square feet.

(18)

Recycling collection center with a zoning permit application and plan of operation approved by the administrator. The administrator may refer any proposed collection center application to the town planning commission or health official, or both, for their advice as to the desirability, practicability or health effects of any such center before issuing a zoning permit to any collection center applicant. Collection center zoning permits may be revoked at any time by the administrator or health official when such recycling center poses a threat to public safety, health or general welfare.

(19)

Miniwarehouses, with a conditional use permit.

(20)

Portable storage containers, in accordance with section 42-662.

(21)

Assisted living facilities and group homes of eight or fewer individuals, as exempted by Code of Virginia, § 15.2-2291.

(22)

Loudspeaker/sound amplification/outdoor sound system to be used in excess of the town's noise ordinance, with a conditional use permit.

(Code 1992, § 30-67; Ord. No. 2004-4, 9-7-2004; Ord. No. 2007-1, 4-3-2007; Ord. No. 2008-6, 12-2-2008; Ord. No. 2012-6, § 30-67, 6-19-2012; Ord. No. 2012-10, § 30-67, 11-20-2012; Ord. No. 2017-7, 9-12-2017; Ord. No. 2018-4, 4-24-2018)

(a)

Plans; site plan. Before a building permit shall be used or construction commenced on any permitted use in this district or a permit issued for a new use, the plans, in sufficient detail to show the operations and processes, together with a site plan as required herein, shall be submitted to the administrator for review.

(b)

Similar uses permitted. Other manufacturing uses which, in the opinion of the administrator, are of the same general character as those permitted uses listed above shall be permitted. All uses shall be conducted so as not to produce hazardous, objectionable or offensive conditions at property line boundaries by reason of odor, dust, smoke, cinders, fumes, noise, vibration, heat, glare, wastes, fire or explosion.

(c)

Enclosed buildings. All uses shall be conducted within a completely enclosed building of permanent and durable construction, with no open storage of waste material. Products or equipment used or manufactured on the premises may be stored in the open if screened from the street or from a residential district by landscaping, fences or walls.

(d)

Landscaping. Any part of the front yard not used for parking or accessways shall be landscaped with grass, trees, shrubs or pedestrian walks.

(e)

Site plan. The plan for the site shall be designed to promote careful use of topography and to promote harmonious relationships with adjacent and nearby residential and business properties, developed or undeveloped, and to this end may provide effective screening along side and rear property lines by means of fences, walls, hedges, planting screen or natural vegetation.

(f)

Refuse. Refuse containers or refuse storage shall be located in a paved area and hidden from general public view, either from within or outside the premises, by means of fences, walls or landscaping planting.

(g)

Drainage. Provisions shall be made for proper stormwater drainage from parking and loading areas. Water shall not be permitted to drain from such areas onto adjacent property, except into a natural watercourse or a drainage easement. Provisions shall be made for protection against erosion and sedimentation in accord with applicable town ordinances.

(h)

Fencing. All fencing shall have a uniform and durable character and shall be properly maintained.

(Code 1992, § 30-68; Ord. No. 2004-4, 9-7-2004)

(a)

The minimum lot area for a single-family dwelling shall be 10,000 square feet.

(b)

The minimum lot area for a two-family dwelling and shall be 12,500 square feet.

(c)

The minimum lot area for a multiple-family dwelling shall be 15,625 square feet and density of development shall not exceed the ratio of ten dwelling units per gross acre.

(d)

Special regulations for townhouses are contained in article XX.

(e)

There shall be no minimum area required for businesses.

(f)

For permitted uses utilizing individual sewage disposal systems, the required area for any such use shall be approved by the health official. The administrator may require a greater area if considered necessary by the health official.

(Code 1992, § 30-69; Ord. No. 2004-4, 9-7-2004)

Structures, temporary or permanent, shall be located 30 feet or more from any street right-of-way, or, in the event that buildings are already constructed on the same side of the street in the block, no new structure shall be closer to the street right-of-way line than a distance equal to the average of the distance to the street right-of-way of all existing structures in the same block on the same side of the street. This shall be known as the setback line. See article XVII for special setback regulations pertaining to the widening of highways and streets. See section 42-15 for special regulations pertaining to structural projections into the minimum required setback. The minimum building setback from any common area shall be ten feet. Parking lots shall have a minimum setback of 15 feet from any street right-of-way. Restaurant outdoor dining areas shall have a minimum setback of 15 feet from any street right-of-way.

(Code 1992, § 30-70; Ord. No. 2004-4, 9-7-2004; Ord. No. 2007-1, 4-3-2007; Ord. No. 2020-4, 1-12-2021)

(a)

The minimum lot width at the setback line and street line shall be 80 feet for a single-family dwelling, 100 feet for a two-family dwelling, and 125 feet for a multiple-family dwelling. Commercial uses have no minimum width.

(b)

All residential structures in this district shall be located on the lot with the front of the structure facing the front lot line. Where permitted, multiple buildings on a single lot may be arranged in accord with approved site plans.

(c)

Commercial lots need not abut or adjoin a public street right-of-way, provided vehicular or pedestrian access is provided to a public street right-of-way through a perpetual unobstructed paved easement or parking area of at least 30 feet in width for vehicular access or ten feet in width for pedestrian access. Other access designs may be approved by the administrator with consideration being given to overall site conditions and traffic patterns in keeping with article XXI, Site Plan Review.

(d)

The minimum side yard for each residential structure shall be a minimum of ten feet or side lot line easement width, whichever is greater.

(e)

Each structure shall have a rear yard of 20 feet or more.

(f)

The minimum side yard for each main structure shall be a minimum of ten feet. The side yard of corner lots shall be 30 feet or more.

(g)

Single-family residences shall have a setback of a minimum of ten feet from any residential district. Main structures other than single-family residences shall have a setback of a minimum of 20 feet from any residential district.

(h)

Accessory structures shall have a side and rear yard of three feet or more.

(i)

Lots need not abut or adjoin a public street right-of-way, provided vehicular or pedestrian access is provided to a public street right-of-way through a perpetual unobstructed paved easement or parking area of at least 30 feet in width for vehicular access or ten feet in width for pedestrian access. Other access designs may be approved by the administrator with consideration being given to overall site conditions and traffic patterns in keeping with article XXI, Site Plan Review.

(j)

If a development includes common areas in addition to the individual lots, the common areas shall be maintained by, and be the sole responsibility of, the developer-owner of the development until such time as the developer-owner conveys such common area to a nonprofit corporate owner whose members shall be all of the individual owners of the individual lots in the development. Said land shall be conveyed to, and be held by, said nonprofit corporate owner solely for the benefit of the owners of the individual lots in the development. In the event of such conveyance by the developer-owner to a nonprofit corporate owner, deed restrictions and covenants shall provide, among other things, that any assessments, charges for cost of maintenance of such common areas shall constitute a pro rata lien upon the individual lots. Maintenance to exteriors, lawns, special lighting and drainage shall be provided in a manner so as to discharge any responsibility for the town.

(k)

Whenever any development containing common area is proposed by a developer, and before any permit for the erection of structures shall be granted, the developer, or his agent, shall apply, in writing, to the agent for the approval of the plat and submit three copies of the plat, including the lot, street and utilities layout to a scale of not less than one inch equals 50 feet. No lots shall be sold until a final plat for the development shall have been approved by council and recorded in the office of the clerk of the county within 60 days after notification of final approval by the agent; otherwise, the approval shall become invalid.

(l)

Provisions shall be made to ensure that nonpublic areas for the common use of occupants shall be maintained without expense to the town.

(m)

No business or commercial building or structure, temporary or permanent, shall be located closer than 20 feet to the boundary of a residential district or located within any easement or right-of-way. Residential development shall comply with all frontage, lot, yards and development standards for similar development in the R-3 Multiple-Family Residential District, unless such residence is part of the business building or structure.

(n)

The front yard shall contain a minimum of 20 percent greenspace or landscaped area with no more than 50 percent of the greenspace in grass alone. The greenspace shall contain trees with a minimum height, at time of planting, of six feet or more at the ratio of one tree per 400 square feet or less of greenspace area. Such greenspace is to be distributed uniformly around the perimeter of the site or distributed throughout the parking and pedestrian areas. For duplexes for individual sale, the greenspace or landscaped area in the front yard shall be maintained at a ratio of 20 percent for each dwelling unit on each lot. For this purpose, corner lots shall be deemed to contain a minimum of 20 percent greenspace or landscaped area in each yard fronting a public street.

(o)

A landscaping plan with all areas drawn to scale shall be submitted as part of the site plan.

(p)

Preservation of existing trees is encouraged and shall be credited toward the landscaping requirement.

(q)

Sidewalks shall be required for all new development. Sidewalks shall be required whenever a new principal building is built or an existing principal building is renovated or expanded sufficiently to increase its value by 25 percent before a certificate of occupancy may be issued. The zoning administrator/town manager may waive this requirement in circumstances that sidewalks do not provide desired connectivity and/or are not physically practical due to site limitations, provided the owner/developer makes a contribution in an amount approximate to the sidewalk installation cost to the town to be utilized for sidewalk improvements and/or repairs in other locations. The zoning administrator/town manager may refer the decision regarding the connectivity and/or practicality to the planning commission should there be any doubts. The town manager/town engineer shall make the determination of the approximate sidewalk installation cost.

(r)

Handicap ramps shall be allowed to encroach in all yards if the following criteria are met:

(1)

The encroachment by the ramp must be the minimum necessary to accomplish safe access;

(2)

The ramp must meet the current edition of the Virginia Uniform Statewide Building Code and the Town of Christiansburg Code; and

(3)

The minimum size of a building entry landing associated with the ramp shall meet Virginia Uniform Statewide Building Code requirements. The maximum building entry landing size shall be six feet by six feet.

(s)

The full facades of individual units within a two-family dwelling shall be varied by changed front yard setbacks. Variation in setback shall be at least three feet.

(t)

Structural projections into minimum required yards shall be permitted in accordance with section 42-15.

(Code 1992, § 30-71; Ord. No. 2004-4, 9-7-2004; Ord. No. 2007-1, 4-3-2007; Ord. No. 2010-9, 12-21-2010; Ord. No. 2012-6, § 30-71, 6-19-2012; Ord. No. 2015-1, 4-28-2015; Ord. No. 2020-4, 1-12-2021)

Buildings may be erected up to 35 feet in height from street grade or lot grade at setback line, whichever is greater; except, that:

(1)

A public or semi-public building such, as a school, church, library or hospital, may be erected to a height of 60 feet from grade; provided, that required front, side and rear yards shall be increased one foot for each foot in height over 35 feet.

(2)

Church spires, belfries, cupolas, monuments, water towers, chimneys, flues and flagpoles shall be exempt from this section.

(3)

Parapet walls may be up to four feet above the height of the building on which the walls rest.

(4)

For residential uses, no accessory building which is within ten feet of any property lot line shall be more than one story high.

(5)

Accessory buildings shall not exceed the main structure in height, except that when the accessory building is located at a lower ground elevation, then the elevation of the roofline of the accessory building shall not be higher than the elevation of the roofline of the main structure, but not to exceed two stories in height.

(6)

The height limit may be increased up to 70 feet, provided the building is set back from all lot lines at least two feet for each one foot of height over 35 feet.

(Code 1992, § 30-72; Ord. No. 2004-4, 9-7-2004; Ord. No. 2007-1, 4-3-2007)

The following special provisions shall apply to corner lots:

(1)

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

(2)

The side yard on the side facing the side street shall be 30 feet or more for both main and accessory buildings, except as otherwise provided in this chapter.

(3)

Each corner lot shall have a minimum width at the setback line and the street line measured to the Pi of a radius where a radius exists of 125 feet.

(Code 1992, § 30-73; Ord. No. 2004-4, 9-7-2004; Ord. No. 2020-4, 1-12-2021)

The purpose of this section is to allow for single unit ownership of either unit of a two-family dwelling which has a common vertical wall separating the two units.

(1)

Area. Minimum lot area for two-family structures shall be 12,500 square feet with each single dwelling unit having a lot area of at least 6,250 square feet.

(2)

Setback. Same as for other buildings.

(3)

Frontage. Same as for other buildings, except that the minimum lot width at the street line and at the setback line for each single unit of a two-family dwelling shall be 50 feet.

(4)

Yards. Same as for other buildings, except that for two-family dwellings in which either single unit is individually owned there shall be no side yard setback required on the interior or common property line. Exterior side yard setback shall be based upon the width of the lot at the setback line for the entire two-unit structure.

(Code 1992, § 30-74; Ord. No. 2004-4, 9-7-2004)

(a)

The development, or project, shall be designed to promote harmonious relationships with surrounding adjacent and nearby developed properties, particularly in larger developments, or projects, where more than one building is involved, and to this end may employ such design techniques as may be appropriate to a particular case, including use of building types, orientation, spacing and setback of buildings, careful use of topography, maintenance of natural vegetation, location of access points, recreation areas, open spaces and parking areas, grading, landscaping and screening.

(b)

No apartment building shall contain more than 12 dwelling units and no more than three apartment buildings shall be contiguous.

(c)

No apartment building shall be located closer than 15 feet from a private drive, access road or open common parking area, whether oriented to the front, sides or rear of the buildings, except that parking areas may be located within five feet and private drives may be located within ten feet of any blank or windowless wall.

(d)

More than one apartment building may be located on the lot, provided a minimum distance of 25 feet shall separate any two buildings, or groups of apartment buildings, from any other abutting use or building type.

(e)

At least 400 square feet of commonly usable open space shall be provided for each dwelling unit. Such space shall be of such location and dimensions as to provide for outdoor living, patios, pools, lawns, play areas, walks, wooded areas and the like, but not including driveways and parking areas.

(f)

Where community refuse containers are provided as accessory uses to apartment developments, such containers shall be conveniently located for pickup vehicle access and completely screened from view by means of a fence or wall with outside landscaping and an appropriately designed gate which can be latched open and closed.

(g)

Each apartment dwelling unit shall contain at least 600 square feet of livable floor area, exclusive of garages, carports, cellars, basements, attics, open porches, patios or breezeways, except that up to ten percent of the units may be constructed with less floor area than this minimum.

(h)

Apartment development requiring ingress and egress to a public street shall meet all the requirements of the town subdivision ordinance.

(i)

Parking lots shall have a minimum setback of 15 feet from any street right-of-way.

(j)

Structural projections into minimum required yards shall be permitted in accordance with section 42-15, provided all other requirements of this section are met.

(Code 1992, § 30-75; Ord. No. 2004-4, 9-7-2004; Ord. No. 2020-4, 1-12-2021)

(a)

Within a MU-1 Mixed Use: Residential - Limited Business District as a conditional use or in conjunction with an application for conditional zoning for MU-1 Mixed Use: Residential - Limited Business District, and in order to encourage improved housing design, variety in housing types and best use of topography, a site plan shall be submitted for a planned housing development, together with a subdivision plan, if required by this chapter or the subdivision chapter, and such other descriptive material or proffers as may be necessary to fully determine the development, even though such development does not comply in all respects to the dimensional requirements of the MU-1 District, provided:

(1)

One or more major features of the development, such as unusual natural features, yard spaces, open spaces and building types and arrangements, are such as to justify application of this section rather than a conventional application of the other regulations of the MU-1 District.

(2)

Materials submitted, drawings, descriptions, proffers and the like are sufficiently detailed to ensure compliance with the intent of this section.

(3)

The project itself, or a larger project of which it is a part, is of sufficient size in the location proposed as to permit development of an internal environment, which, if different from designs otherwise permitted in the MU-1 District, will not adversely affect existing and future development in the surrounding area.

(4)

The overall dwelling unit density does not exceed that permitted in the MU-1 District for development of comparable housing types.

(5)

The development is designed to promote harmonious relationships with surrounding adjacent and nearby developed properties, and, to this end, may employ such design techniques as may be appropriate to a particular case, including use of building types, orientation and spacing and setback of buildings, careful use of topography, maintenance of natural vegetation, location of recreation areas open spaces, and parking areas, grading, landscaping and screening.

(6)

Provision satisfactory to the planning commission and approved by the town attorney shall be made to ensure that nonpublic areas for the common use and employment of occupants, but not in individual ownership by such occupants, shall be maintained in a satisfactory manner without expense to the general taxpayer.

(b)

Procedures and general standards for approval of an application under this section shall be the same as those for a conditional use permit or for conditional zoning as described in article I, as the case may require.

(Code 1992, § 30-76; Ord. No. 2004-4, 9-7-2004; Ord. No. 2012-10, § 30-76, 11-20-2012)