The purpose of this article is to establish use, dimensional, open space, and certain specific regulations for each base zoning district, including the conservation, residential, and business districts, and to establish regulations for the Historic Commercial Area Overlay District.

(a)

The provisions of this article shall apply to properties within the incorporated area of the town as applicable by the respective zoning districts as established in section 3-2 [of this appendix] and as shown on the official zoning map.

(b)

Properties located within the floodplain as established, defined, and delineated by this appendix shall also be subject to the provisions of article 5 [of this appendix], which provisions supplement those regulations of the applicable underlying base zoning district of the subject property.

(c)

In addition to the regulations for specific zoning districts as set forth in this article, all other requirements of this appendix shall apply, including, but not limited to, development standards applicable to all zoning districts (article 7 [of this appendix]), unless otherwise provided, supplemental regulations applicable to particular uses or building types within one or more districts (article 6 [of this appendix]), and site plan review, zoning permits, and certificates of occupancy (article 9 [of this appendix]).

The purpose of the Conservation District (CN) is to protect specific areas from development and degradation, which areas have been identified as currently undeveloped, unlikely to be developed, or unsuitable for development. These areas have natural conditions of soil, slope, susceptibility to flooding or erosion, geological condition, vegetation or an interaction between the aforesaid which makes such lands unsuitable for urban development. The uses and standards of the district are intended to preserve and protect the natural environment in these sensitive areas by preventing the encroachment of incompatible land use, permitting low intensity uses with a focus on recreation-oriented activities, and permitting limited construction within open space areas which is supportive of their function and which promotes their use and enjoyment.

The uses permitted as of right or by conditional use in the Conservation District (CN) are as set forth in Table 4-11-1, subject to all other applicable requirements contained in this appendix.

The dimensional regulations of the Conservation District (CN) are as set forth in Table 4-12-1.

(a)

R-1 Residential District. The purpose of the R-1 Residential District is to provide appropriate areas for low density residential development and promote a suitable residential environment with necessary community facilities and public services. The R-1 District is established for areas with existing low density residential development and land which appears appropriate for such development. This district is intended to preserve the predominant character of established neighborhoods and to provide the highest degree of protection from encroachment by potentially incompatible non-residential uses and residential development of a higher density, size, or scale. To these ends, in addition to single-family detached dwellings, uses of a community nature which are generally deemed compatible are permitted in this district, including parks, playgrounds, schools, churches, and other similar neighborhood activities and public facilities.

(b)

R-2 Residential District. The purpose of the R-2 Residential District is to provide appropriate areas for moderate density development and promote a suitable residential environment with necessary community facilities and public services. The R-2 District is established for areas with existing low to medium density residential development and land which appears to be appropriate for such development. While providing reasonable protection to existing single-family residential neighborhoods, the district is also intended to provide a range of housing choices by accommodating a mix of single-family, two-family, and townhouse options at a low to medium density. The regulations of the district are intended to facilitate a harmonious mixture of low to moderate density housing with compatible community uses, such as schools, parks, and churches, certain public facilities that serve the residents of the district, and certain limited non-residential uses which are of a character unlikely to develop a concentration of traffic, crowds of customers, and signage and advertising. The regulations of the district are intended to preserve the predominant character of established neighborhoods and protect them from encroachment by potentially incompatible non-residential uses and higher density residential uses.

(c)

R-3 Residential District. The purpose of the R-3 Residential District is to provide for a variety of housing types at medium to high density in a suitable residential environment protected from encroachment by incompatible non-residential uses, but which accommodates support services and encourages a harmonious mixture of certain less intensive commercial and public, institutional and community operations which do not detract from the general residential character of the area. The district is intended to permit a mix of single-family, two-family, townhouse, and multifamily residential uses, with convenient access and adequate public services, including sewer, water, and schools with capacity to accommodate higher density development, with minimal impact on minor streets and lower density neighborhoods. The R-3 District is established for areas with middle to high density residential development and land which appears appropriate for such development. The regulations of the district are intended to protect the character and scale of such a mixed-use development pattern by permitting low-intensity development at a scale that recognizes and respects residential patterns of development, avoids undue burden on public services, and promotes balance and stability.

The uses permitted as of right or by conditional use in the residential districts are as set forth in Table 4-21-1, subject to all other applicable requirements contained in this appendix.

The dimensional regulations of the residential districts are as set forth in Table 4-22-1.

The applicability of minimum parking and screening and landscaping requirements and the regulation of outdoor storage in residential districts (R-1, R-2, and R-3) are as set forth in Table 4-23-1.

(a)

BG General Business District. The purpose of the BG General Business District is to accommodate a wide range of commercial uses which provide convenient goods, services, and amenities to the town as a whole, which uses are dependent on the motor vehicle, generate significant amounts of traffic, and generate only minimal noise, odors or fumes, smoke, fire or explosion hazards, lighting glare, heat, or vibration. The district is intended to be applied along primary traffic routes and to areas having direct access to such routes, in order to avoid the routing of traffic through residential areas. The BG District is intended to accommodate truck traffic for the stocking and delivery of light retail goods, but not heavy trucking. The district regulations are intended to afford flexibility in permitted uses on individual sites in order to promote business and employment opportunities and provide services while mitigating conflict with adjacent residential areas. Permitted uses include general retail establishments, offices, service establishments, motor vehicle related sales and service, restaurants, and entertainment establishments.

(b)

BD Downtown Business District. The purpose of the BD Downtown Business District is to provide for the specialty shopping, entertainment, cultural, and service needs of the community, and to encourage development in a manner consistent with historic development patterns, including preserving the predominant scale of the downtown business district, promoting the retention and appropriate use of existing structures, and encouraging new development that is compatible with the area. The district is the business, cultural, and historical center of the town and is characterized by small-town architecture, scale, and feel. The permitted uses and regulations are intended to promote a compact, densely developed, clearly defined pedestrian-oriented area, with storefronts close to the street, pedestrian walkways, and limited off-street parking, and minimal disruption from vehicle-oriented land uses that detract from a safe and convenient pedestrian environment. In order to protect and enhance the business and cultural center of the town, the district is intended to accomplish the following:

(1)

Protect and enhance the public interest in downtown as a source of economic vitality, desirable employment, and tax revenue;

(2)

Facilitate pedestrian ways and create a convenient and harmonious development of buildings, streets, and open space;

(3)

Protect existing investment in downtown, protect against the demolition of downtown's historic buildings, promote activity on public streets, and protect amenities provided through public investment; and

(4)

Provide for a mix of high density residential, commercial, retail, government services, entertainment and cultural facilities, and live/work space.

The uses permitted as of right or by conditional use in the business districts are as set forth in Table 4-31-1, subject to all other applicable requirements contained in this appendix.

The dimensional regulations of the business districts are as set forth in Table 4-32-1.

The applicability of minimum parking and screening and landscaping requirements in business districts (BG and BD) are as set forth in Table 4-33-1.

The purpose of the H-1 Historic Commercial Area Overlay District is to identify, preserve, enhance, and maintain architectural and historic landmarks, structures, and districts that are listed, or are eligible for listing, on the Virginia Landmarks Register or the National Register of Historic Places, or which have local significance. Moreover, the H-1 Overlay District is intended to develop and maintain appropriate settings and environments for such landmarks, structures, and districts by encouraging construction that is compatible with the historic character of the district.

(a)

The town council may, pursuant to Code of Virginia, § 15.2-2306, as amended, and in the manner provided for amending this appendix, pursuant to the procedures set forth in section 9-50 [of this appendix], designate as a H-1 Historic Commercial Area Overlay District appropriate areas which:

(1)

Contain landmarks or structures that are listed, or are eligible for listing, on the Virginia Landmarks Register or the National Register of Historic Places, or which have local significance;

(2)

Are adjacent to landmarks designated as historic by the Virginia Department of Historic Resources;

(3)

Are adjacent to any other structures within the town having important historic, architectural, or cultural interest; or

(4)

Contain buildings or sites having special public value because of notable architecture, historic events, or other worthy features relating to the social, cultural, or artistic heritage of the community, which are of such significance as to warrant conservation and preservation.

(b)

Any H-1 Historic Commercial Area Overlay District designated by the town council as provided for in subsection (a) of this section, shall be shown as an overlay to the existing underlying district on the official zoning map. As such, the provisions in this division shall serve as a supplement to the underlying base zoning district regulations. Where a conflict exists between the regulations relating to the H-1 Overlay District and those of any underlying base zoning district, the more restrictive provisions shall apply.

A certificate of appropriateness (see article 9, division 4 [of this appendix]) shall be required for the demolition, moving, erection, reconstruction, alteration, or restoration of any structure or historic landmark in the H-1 Historic Commercial Area Overlay District. A certificate of appropriateness shall not be required for ordinary maintenance as defined in section 9-41(d) [of this appendix]. The zoning administrator shall determine whether an activity requires a certificate of appropriateness.

The following standards shall be applied by the board of architectural review in considering a request for a certificate of appropriateness for new construction or exterior modifications to an existing structure in the H-1 Overlay District.

(a)

Generally.

(1)

The relationship of the changes to the historic, architectural, or cultural significance of the structure and the surrounding district; and

(2)

The appropriateness of the change in terms of architectural compatibility with the distinguishing historic and architectural features of the structure and the district. Architectural compatibility shall be judged in terms of a proposed structure's mass, dimensions, materials, color, ornamentation, architectural style, lighting, and other criteria deemed pertinent.

(b)

Renovations. For renovations, the ten following basic standards, set forth by the Secretary of the Interior's Standards for Rehabilitation, shall apply:

(1)

A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.

(2)

The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.

(3)

Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.

(4)

Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.

(5)

Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved.

(6)

Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.

(7)

Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.

(8)

Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.

(9)

New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.

(10)

New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

(c)

New construction. For new construction, the following standards shall apply:

(1)

The design for new construction shall be sensitive to and take into account the special characteristics that the district is established to protect. Such consideration may include building scale, height, and orientation, site coverage, spatial separation from other buildings, facade and window patterns, entrance and porch size and general design, materials, textures, color, architectural details, roof forms, emphasis of horizontal or vertical elements, walls, fences, and any other features deemed appropriate; and

(2)

The design of the new construction shall recognize the relationships among buildings in the immediate setting rather than specific styles or details since architectural styles and details may vary from one section of the district to another.

(d)

Signage. For signage, the following standards shall apply:

(1)

Signs shall be compatible with and relate to the design elements of the building with which they are associated or to which they are attached, rather than obscure or disrupt such design features;

(2)

Signs shall be compatible with other signs and buildings in the district and adjacent to the property; and

(3)

Compatibility shall be judged in terms of dimensions, materials, color, letter style and placement, lighting, and overall general effect on the building and district.

(e)

Architectural design guidelines. In addition to the standards set forth in subsections (a) through (d) of this section, the board of architectural review may adopt specific Architectural Design Guidelines for the H-1 Overlay District, or a portion of the H-1 Overlay District. The board of architectural review shall consider the applicable guidelines in its decisions to issue or deny certificates of appropriateness.

The following standards shall be applied by the board of architectural review in considering a request for a certificate of appropriateness for demolition of a structure or historic landmark within the H-1 Overlay District:

(a)

The purpose and necessity of the demolition are in accordance with the intent of the H-1 Historic Commercial Area Overlay District;

(b)

Loss of the structure would not be adverse to the district or the public interest by virtue of its uniqueness or its contribution to the district; and

(c)

Demolition would not have an adverse effect on the character and surrounding environment of the district.