The regulations set forth by this chapter within each district shall be minimum or maximum limitations as appropriate to the case and shall apply uniformly to each class or kind of structure or land, and except particularly as hereinafter provided:

(1)

Use, occupancy, and construction. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be constructed except in conformity with all of the regulations specified in this section for the district in which it is located. Every building hereafter erected, reconstructed, invested, moved, or structurally altered and every manufactured home shall be located on a lot of record and in no case shall there be more than one principal building, manufactured home, or use on one lot unless specifically provided in this article.

(2)

Height, bulk, density, lot coverage, yards and open spaces. No building or other structure shall hereafter be erected or altered:

(a)

To exceed the height or bulk;

(b)

To accommodate or house a greater number of families;

(c)

To occupy a greater percentage of lot area;

(d)

To have narrower or smaller rear yards, front yards, side yards, or other open space than required in this section; or in any other manner contrary to the provisions of this chapter.

(3)

Required yard, open space, area, parking, or loading space for one structure or use not to be used to meet requirements for another. No part of a yard, other open space, area, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space, area, or off-street parking or loading space similarly required for any other building.

(4)

Reduction of lots or areas below minimum prohibited. No lot or area existing at the time of passage of this chapter shall be reduced in dimensions or area below the minimum requirements set forth in this section except for the purposes of meeting or exceeding the standards set forth in this section. Lots or areas created after the effective date of the ordinance from which this chapter is derived shall meet at least the minimum requirements established by this chapter.

(5)

Reduction of yards below minimum. No yards existing at the time of passage of this chapter shall be reduced in dimensions below the minimum requirements set forth in this section unless such yard restrictions reduce the buildable area to unreasonable dimensions. In such cases, the planning commission shall determine the minimum requirements consistent with provisions of adequate light and air, prevention of loss of life, health, or property from fire or other dangers, and prevention of danger in travel. Yards created after the effective date of the ordinance from which this chapter is derived shall meet at least the minimum requirements established by this chapter.

(6)

Reduction of off-street parking or loading space. No existing off-street parking or loading space, and no off-street parking or loading space hereafter provided, which means all or part of the requirements for off-street parking or loading set forth in these regulations, shall be reduced or eliminated so that resulting reduction results in area not meeting requirements or standards contained in this section. Reductions may be permitted where spaces are no longer required by these regulations or alternative spaces meeting the requirements of these regulations are provided.

(7)

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 aforesaid districts as shown on the zoning map, the following rules shall apply:

(a)

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 centerline or lines at right angle to such centerlines shall be construed to be such boundaries, as the case may be.

(b)

Where a district boundary is indicated to follow a river, creek, or branch or other body of water, such boundary shall be construed to follow the centerline of low water or at the limit or jurisdiction of the county.

(c)

If no distance, angle, curvature description, or other means is given to determine a boundary line accurately, the same shall be determined by the use of the scale shown on such zoning map, and in case of dispute in the use thereof, the determination of the zoning administrator shall be final.

(d)

Such determination of district boundaries shall be made by the zoning administrator, and if uncertainty still exists as to the location of such boundaries, the matter shall be referred to the board of zoning appeals. (See section 58-61.)

(Ord. No. 09-01, 3-5-2009)

For the purpose of this chapter, the unincorporated areas of the county, are hereby divided into the following districts:

Agricultural, Limited A-1

Rural Residential RR

Residential R-1

Residential R-2

Residential RM

Business, B-1

Industrial, M-1

Historic H

Mining and Mineral Extraction MME

(Ord. No. 09-01, 3-5-2009)

The agricultural, limited district A-1 is established for the specific purpose of facilitating existing and future farming operations, conservation of water and other natural resources, conservation of open space, reducing soil erosion, protecting watersheds, and reducing hazards from flood and fire. Other more intensive land uses, i.e., industrial, commercial and higher density residential uses, shall be regulated and examined on an individual basis in respect to their physical, social, and environmental effects on agricultural or forest areas. Uses not consistent with the existing character of this district are not permitted.

(Ord. No. 09-01, 3-5-2009)

In the agricultural district A-1, structures to be erected or land to be used by right shall be for one or more of the following uses:

(1)

Single-family dwellings on individual lots;

(2)

Manufactured houses that are on a permanent foundation, except single wide, and on individual lots;

(3)

General farming, agriculture, dairying and forestry;

(4)

Churches;

(5)

Hunting clubs, provided club owns at least 100 acres; with no more than one dwelling;

(6)

Preservation and conservation areas;

(7)

Cemeteries;

(8)

Home occupations as defined in section 58-3;

(9)

Accessory uses as defined in section 58-3;

(10)

Church bulletin boards, provided it is only one and no larger than 20 square feet in size;

(11)

Church identification sign, provided it is not greater than 16 square feet in size;

(12)

Signs to advertise the sale or rent of the premises, not larger than ten square feet in size;

(13)

Schools; and

(14)

School identification sign, provided it is not greater than 32 square feet in size.

(Ord. No. 09-01, 3-5-2009)

In the agricultural district A-1, structures to be erected or land to be used by conditional use permit shall be for one or more of the following:

(1)

Parks and playgrounds;

(2)

Lodges;

(3)

Boating clubs;

(4)

General stores;

(5)

Public utility generating, booster, or relay stations, transformer substations, transmission lines and towers, pipes, meters and other facilities for the provision and maintenance of public utilities, including railroads and facilities, water and sewerage installations, extra high electric transmission lines and ultra high electric transmission lines;

(6)

Business signs, not larger than 16 square feet;

(7)

General office/professional;

(8)

Commercial uses, provided that there is no outside storage;

(9)

Saw mills and planting mills; temporary;

(10)

Hunting clubs with multiple dwelling units and/or facilities with camping sites;

(11)

Kennel; and

(12)

Solar agricultural generator.

(Ord. No. 09-01, 3-5-2009; Ord. No. 2024-04, 10-3-2024)

The minimum lot area for permitted uses shall be five acres or more.

(Ord. No. 09-01, 3-5-2009)

(a)

Front. Structure shall be located 50 feet or more from the front property line or easement line. This shall be known as the "setback line."

(b)

Side. The minimum side yard for each main structure shall be 25 feet.

(c)

Rear. Each main structure shall have a rear yard of 50 feet or more.

(Ord. No. 09-01, 3-5-2009)

The minimum road frontage for permitted uses shall be 200 feet.

(Ord. No. 09-01, 3-5-2009)

Buildings and structures may be erected up to a height of 45 feet. Churches, belfries, cupolas, monuments, silos, barns, water towers, chimneys, flues, flagpoles, small-scale solar installations, and non-commercial television and radio antennas and aerials are exempt from this height regulation. Telecommunications facilities shall be permitted only by special exception pursuant to division 4, special exceptions, of article II, administration, of this chapter, and section 58-599, telecommunications facilities.

(Ord. No. 09-01, 3-5-2009; Ord. No. 2024-04, 10-3-2024)

Generally, the rural residential RR covers the portion of the county into which urban-type development could logically expand as the need occurs. As a general rule, it surrounds residential sections. Domestic water and sewerage facilities, police and fire protection, and other services necessary to accommodate urban-type development can be economically extended as development takes place. This district is established for the specific purpose of:

(1)

Providing for the orderly expansion of urban development into territory surrounding incorporated areas within the county;

(2)

Confining such development to such locations as can feasibly be supplied urban-type facilities; and

(3)

Discouraging the random scattering of residential, commercial, and industrial uses into the area.

(Ord. No. 09-01, 3-5-2009)

In the rural residential RR, structures to be erected or land to be used by right shall be for one or more of the following:

(1)

Single-family dwellings on individual lots;

(2)

Manufactured houses that are on a permanent foundation, except single wide, and on individual lots;

(3)

General farming, agriculture, dairying, and forestry;

(4)

Churches;

(5)

Hunting clubs, provided the club owns at least 100 acres; with no more than one dwelling;

(6)

Preservation and conservation areas;

(7)

Cemeteries;

(8)

Home occupations as defined in section 58-3;

(9)

Accessory uses as defined in section 58-3;

(10)

Church bulletin boards, provided it is only one and no larger than 20 square feet in size;

(11)

Church identification sign, provided it is not greater than 16 square feet in size;

(12)

Signs to advertise the sale or rent of the premises, not larger than ten square feet in size;

(13)

Two-family dwellings (duplex);

(14)

Schools; and

(15)

School identification sign, provided it is not greater than 32 square feet in size.

(Ord. No. 09-01, 3-5-2009)

In the rural residential RR, structures to be erected or land to be used by conditional use permit shall be for one or more of the following:

(1)

Parks and playgrounds;

(2)

Lodges;

(3)

Boating clubs;

(4)

General stores;

(5)

Public utility generating, booster, or relay stations, transformer substations, transmission lines and towers, pipes, meters and other facilities for the provision and maintenance of public utilities, including railroads and facilities, water and sewerage installations, extra high electric transmission lines and ultra high electric transmission lines;

(6)

Business signs, not larger than 16 square feet;

(7)

General office/professional;

(8)

Commercial uses, provided that there is no outside storage;

(9)

Saw mills and planting mills, temporary;

(10)

Antique and gift shops;

(11)

Beauty shops and barber shops;

(12)

Hotels and motels;

(13)

Airports;

(14)

General hospitals;

(15)

Medical clinics;

(16)

Commercial recreation areas;

(17)

Nursing homes/congregate living facilities;

(18)

Adult group homes; and

(19)

Kennel.

(Ord. No. 09-01, 3-5-2009)

The minimum lot area for permitted uses shall be one acre or more with the exception of two-family dwellings which will require a lot size of 1½ acres or more. The zoning administrator and health official may require a greater area if considered necessary by soil and site conditions.

(Ord. No. 09-01, 3-5-2009)

(a)

Front. Structure shall be located 50 feet or more from the front property line or easement line. This shall be known as the "setback line."

(b)

Side. The minimum side yard for each main structure shall be 15 feet.

(c)

Rear. Each main structure shall have a rear yard of 35 feet or more.

(Ord. No. 09-01, 3-5-2009)

The minimum frontage for permitted uses shall be 125 feet at the setback line.

(Ord. No. 09-01, 3-5-2009)

Buildings and structures may be erected up to a height of 45 feet. Churches, belfries, cupolas, monuments, silos, barns, water towers, chimneys, flues, flagpoles, small-scale solar installations, and non-commercial television and radio antennas and aerials are exempt from this height regulation. Telecommunications facilities shall be permitted only by special exception pursuant to division 4, special exceptions, of article II, administration, of this chapter, and section 58-599, telecommunications facilities.

(Ord. No. 09-01, 3-5-2009; Ord. No. 2024-04, 10-3-2024)

The following provisions shall apply to corner lots:

(1)

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

(2)

The minimum side yard on the side facing the side street shall be 35 feet or more for both the main and accessory building.

(3)

For subdivisions platted after the enactment of the ordinance from which this chapter is derived, each corner lot shall have a minimum width at the setback line of 125 feet or more.

(Ord. No. 09-01, 3-5-2009)

The residential district R-1 is composed of certain quiet, low-density residential areas plus certain open areas where similar residential development appears likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for family life where there are children, and to prohibit all activities of a commercial nature. To these ends, development is limited to relatively low-density residential uses plus certain additional uses, such as schools, parks, churches, and certain public facilities that serve the residents of the district.

(Ord. No. 09-01, 3-5-2009)

In the residential district R-1, structures to be erected or land to be used shall be for one or more of the following uses:

(1)

Single-family dwellings on individual lots; not including manufactured housing except as herein provided;

(2)

Two-family dwellings on individual lots; not including manufactured housing except as herein provided;

(3)

Manufactured houses of greater width than 19 feet on a permanent foundation and on individual lots;

(4)

Schools and churches;

(5)

Home occupations as defined in section 58-3;

(6)

Off-street parking, as required in article VI of this chapter;

(7)

Parks and playgrounds;

(8)

Accessory buildings as defined in section 58-3; however, garages or other accessory buildings, such as carports, porches, and stoops attached to the main building, shall be considered part of the main building. No accessory building may be closer than five feet to any property line. Accessory buildings may abut a public alleyway;

(9)

Public utilities such as poles, lines, distribution transformers, pipes, meters, and/or other facilities necessary for the provision and maintenance, including water and sewage facilities;

(10)

Business signs only to advertise the sale or rent of the premises upon which erected, no larger than ten square feet in area;

(11)

Directional signs, church bulletin boards, and identification signs;

(12)

Home occupation signs;

(13)

Schools; and

(14)

School identification sign, provided it is not greater than 32 square feet in size.

(Ord. No. 09-01, 3-5-2009)

In the residential district R-1, structures to be erected or land to be used by conditional use permit shall be for one or more of the following:

(1)

Multiple family dwellings; not including manufactured housing except as herein provided;

(2)

Clubs and lodges;

(3)

Rest homes, retirement homes, assisted living centers.

(Ord. No. 09-01, 3-5-2009)

The minimum lot area for permitted uses shall be 20,000 square feet or more, with the following exceptions: Two-family dwellings will have a minimum lot area of 30,000 square feet or more. The zoning administrator and health official may require a greater area if considered necessary by soil and site conditions.

(Ord. No. 09-01, 3-5-2009)

(a)

Front. Structure shall be located 30 feet or more from the front property line or easement line. This shall be known as the "setback line."

(b)

Side. The minimum side yard for each main structure shall be 15 feet.

(c)

Rear. Each main structure shall have a rear yard of 30 feet or more.

(Ord. No. 09-01, 3-5-2009)

The minimum lot width at the setback line shall be 100 feet or more.

(Ord. No. 09-01, 3-5-2009)

Buildings and structures may be erected up to a height of 45 feet. Churches, belfries, cupolas, monuments, silos, barns, water towers, chimneys, flues, flagpoles, small-scale solar installations, and non-commercial television and radio antennas and aerials are exempt from this height regulation. Telecommunications facilities shall be permitted only by special exception pursuant to division 4, special exceptions, of article II, administration, of this chapter, and section 58-599, telecommunications facilities.

(Ord. No. 09-01, 3-5-2009; Ord. No. 2024-04, 10-3-2024)

The following provisions shall apply to corner lots:

(1)

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

(2)

The side yard on the side facing the side street shall be 25 feet or more for both the main and accessory building.

(3)

For subdivisions platted after the enactment of the ordinance from which this chapter is derived, each corner lot shall have a minimum width at the setback line of 100 feet or more.

(Ord. No. 09-01, 3-5-2009)

The residential district R-2 is designed for more intensive development than is allowed in district R-1. The availability of public water and sewer is the deciding factor in granting any request for an R-2 district.

(Ord. No. 09-01, 3-5-2009)

In the residential district R-2, any building to be erected or land to be used shall be for one or more of the following uses:

(1)

Any use permitted in the residential district R-1;

(2)

Roominghouses, boardinghouses, and tourist homes;

(3)

Multifamily dwellings

(Ord. No. 09-01, 3-5-2009)

(a)

For residential lots containing or intended to contain a dwelling served by both public water and sewer, the minimum lot dimensions shall be for:

(b)

For residential lots containing or intended to contain residential dwellings served by either public water or public sewer the minimum lot area shall be increased to, subject to approval of the health official:

(1)

Single-family dwellings—20,000 square feet;

(2)

Two-family dwellings—30,000 square feet; and

(3)

Multifamily dwellings—One acre (43,560 square feet) plus an additional 2,500 square feet for each dwelling unit.

(Ord. No. 09-01, 3-5-2009)

Structures shall be located 30 feet or more from any street right-of-way.

(Ord. No. 09-01, 3-5-2009)

The minimum lot width at the setback line shall be the same as that stated in section 58-353.

(Ord. No. 09-01, 3-5-2009)

(a)

Side. The minimum side yards shall be ten feet and the total width of the two required side yards shall be 25 feet or more.

(b)

Rear. Each main structure shall have a rear yard of 25 feet or more.

(Ord. No. 09-01, 3-5-2009)

Buildings and structures may be erected up to a height of 45 feet. Churches, belfries, cupolas, monuments, silos, barns, water towers, chimneys, flues, flagpoles, small-scale solar installations, and non-commercial television and radio antennas and aerials are exempt from this height regulation. Telecommunications facilities shall be permitted only by special exception pursuant to division 4, special exceptions, of article II, administration, of this chapter, and section 58-599, telecommunications facilities.

(Ord. No. 09-01, 3-5-2009; Ord. No. 2024-04, 10-3-2024)

The following provisions shall apply to corner lots:

(1)

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

(2)

The side setback on the side facing the side street shall be 25 feet or more for both the main and accessory building.

(3)

For subdivisions platted after the enactment of the ordinance from which this chapter is derived, each corner lot of a single-family dwelling shall have a minimum width at the setback line of 100 feet or more. For two-family dwellings the minimum width at the setback line shall be 120 feet or more.

(Ord. No. 09-01, 3-5-2009)

Parking regulations shall conform to article VI of this chapter.

(Ord. No. 09-01, 3-5-2009)

Sign regulations shall be the same as those contained in the residential district R-1.

(Ord. No. 09-01, 3-5-2009)

A detailed site plan for multifamily dwelling uses for the residential district R-2 shall be required by the administrator prior to the issuance of a zoning permit. Article IV of this chapter outlines the site plan requirements.

(Ord. No. 09-01, 3-5-2009)

Generally, the business district B-1 covers that portion of the community intended for the conduct of general business to 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 congregations of people and passenger vehicles. This includes such uses as retail stores, banks, theaters, business offices, newspaper offices, restaurants, and service stations. The intent of this division is not to limit business development but to encourage it by rezoning as the specific need arises.

(Ord. No. 09-01, 3-5-2009)

In the business district B-1, structures to be erected or land to be used shall be for one or more of the following uses:

(1)

Retail stores and shops;

(2)

Bakeries;

(3)

Dry cleaners and laundries;

(4)

Wearing apparel stores;

(5)

Drugstores;

(6)

Barbershops and beauty shops;

(7)

Auto and home appliance services;

(8)

Theaters and assembly halls;

(9)

Hotels and motels;

(10)

Office buildings;

(11)

Churches;

(12)

Libraries;

(13)

Hospitals, general;

(14)

Funeral homes;

(15)

Service stations with major repair under cover;

(16)

Clubs and lodges;

(17)

Auto sales and service;

(18)

Lumber and building supply with storage under cover;

(19)

Plumbing and electrical supply with storage under cover;

(20)

Wholesale and processing not objectionable because of dust, noise, or odors with a conditional use permit;

(21)

Machinery sales and service;

(22)

Laundromats;

(23)

Public utilities;

(24)

Off-street parking, as required in article VI of this chapter;

(25)

Public billiard parlors and pool rooms, bowling alleys, dance halls, and similar forms of public amusement with conditional use permit;

(26)

Business signs, no larger than 50 square feet in area;

(27)

General advertising signs, no larger than 50 square feet in area;

(28)

Directional signs;

(29)

Restaurants;

(30)

Convenience stores with or without petroleum sales; and

(31)

Flea markets.

(Ord. No. 09-01, 3-5-2009)

In the business district B-1, structures to be erected or land to be used by conditional use permit shall be for one or more of the following:

(1)

Festivals;

(2)

Fairs;

(3)

Circus;

(4)

Outdoor concerts; and

(5)

Kennel.

(Ord. No. 09-01, 3-5-2009)

There is no minimum lot area requirement for this district. Businesses will comply with setback and yard regulations as well as off-street parking. The required area for individual sewage disposal systems shall be approved by the health officer. The administrator may require a greater area if considered necessary by the health officer.

(Ord. No. 09-01, 3-5-2009)

Structures shall be located 35 feet or more from any street right-of-way.

(Ord. No. 09-01, 3-5-2009)

For permitted uses, the minimum side yard shall be ten feet.

(Ord. No. 09-01, 3-5-2009)

Buildings and structures may be erected up to a height of 45 feet. Churches, belfries, cupolas, monuments, silos, barns, water towers, chimneys, flues, flagpoles, small-scale solar installations, and non-commercial television and radio antennas and aerials are exempt from this height regulation. Telecommunications facilities shall be permitted only by special exception pursuant to division 4, special exceptions, of article II, administration, of this chapter, and section 58-599, telecommunications facilities.

(Ord. No. 09-01, 3-5-2009; Ord. No. 2024-04, 10-3-2024)

A detailed site plan will be required by the administrator for all uses prior to the issuance of a zoning permit. Article IV of this chapter outlines the site plan requirements.

(Ord. No. 09-01, 3-5-2009)

The primary purpose of the industrial district M-1 is to promote industrial growth and expansion in a county that is at present essentially rural in character. The regulations imposed are intended to provide flexible guidelines on the expansion of the industry within the county as it becomes more urbanized. The intent is not to discourage industry but to ensure that future industrial growth will be compatible with existing county development.

(Ord. No. 09-01, 3-5-2009)

In the industrial district M-1, structures to be erected or land to be used shall be for one or more of the following uses:

(1)

Assembly;

(2)

Manufacturing;

(3)

Coal and wood yards;

(4)

Cabinet, furniture, and upholstery shops;

(5)

Public utility generating, booster or relay stations, transformer substations, transmission lines and towers, and other facilities for the provision and maintenance of public utilities, including water and sewer installations;

(6)

Sawmills;

(7)

Building supply sales and storage;

(8)

Wholesale business and storage warehouses;

(9)

Laboratories, pharmaceutical, and/or medical uses;

(10)

Business signs; and

(11)

Outlet store in conjunction with sewing/cutting assembly operations.

(Ord. No. 09-01, 3-5-2009)

In the industrial district M-1, structures to be erected or land to be used by conditional use permit shall be for one or more of the following:

(1)

Automobile graveyard;

(2)

Junkyard;

(3)

Salvage yard;

(4)

Kennel; and

(5)

Utility scale solar subject to supplemental regulations as defined in section 58-600.

(Ord. No. 09-01, 3-5-2009; Ord. No. 2024-04, 10-3-2024)

In the industrial district M-1, other structures to be erected or land to be used will be subject to the review of the planning commission and board of supervisors as specified in section 58-123 of this chapter.

(Ord. No. 09-01, 3-5-2009)

(a)

Before a building permit shall be issued 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, shall be submitted to the zoning administrator for study. The administrator shall refer these plans to the planning commission for recommendation. Modifications of the plans may be required. A site plan of the development shall be submitted to the zoning administrator. See article IV of this chapter for an outline of the site plan requirements.

(b)

The administrator shall act on any application received within 30 days after receiving the application. If formal notice in writing is given to the applicant, the time for action may be extended for a 20-day period. Failure on the part of the administrator to act on the application within the established time limit shall be deemed to constitute approval of the application.

(Ord. No. 09-01, 3-5-2009)

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.

(Ord. No. 09-01, 3-5-2009)

For permitted uses the minimum side yard adjoining or adjacent to a residential or agricultural district shall be 25 feet. The side yard of corner lots shall be 30 feet or more. Off-street parking shall be in accordance with the provisions contained in this chapter. If the use is within 200 feet of a residential or agricultural district, the use must meet buffer requirements for light and sound.

(Ord. No. 09-01, 3-5-2009)

Buildings and structures may be erected up to a height of 45 feet. Churches, belfries, cupolas, monuments, silos, barns, water towers, chimneys, flues, flagpoles, small-scale solar installations, and non-commercial television and radio antennas and aerials are exempt from this height regulation. Telecommunications facilities shall be permitted only by special exception pursuant to division 4, special exceptions, of article II, administration, of this chapter, and section 58-599, telecommunications facilities.

(Ord. No. 09-01, 3-5-2009; Ord. No. 2024-04, 10-3-2024)

Buildings or groups of buildings with their accessory buildings may cover up to 50 percent of the area of the lot and total impervious coverage shall not exceed 70 percent of the lot.

(Ord. No. 09-01, 3-5-2009)

The historic district H is designed to protect historic landmarks within the county by adopting overlay zones delineating historic districts adjacent to specified landmarks, buildings, and structures. The district covers portions of the county in which are located historic landmarks, buildings, or structures having significant historic interest. Buildings and structures constructed within the designated historic districts shall be architecturally compatible with the historic landmark, buildings, or structure therein.

(Ord. No. 09-01, 3-5-2009)

A historic district shall be designated and zoned by the board of supervisors. The district shall encompass an area no greater than one-quarter mile from the property line of the land pertaining to any such historic landmark, building, or structure.

(Ord. No. 09-01, 3-5-2009)

No building or structure, including signs, shall be erected, reconstructed, substantially altered, or restored within a historic district unless the same is approved by the board of supervisors as being architecturally compatible with the historic landmark, building, or structure therein. The board of supervisors will consider the recommendations of the planning commission and may employ an architect or architects for additional assistance as they see fit prior to approving the architectural design of any building or structure.

(Ord. No. 09-01, 3-5-2009)

No historic landmark, building, or structure within any historic district shall be razed or demolished until the razing or demolition thereof is approved by the board of supervisors after receiving the recommendations of the planning commission and, if deemed necessary, consultation with any architect or architects of the state historic landmarks commission.

(Ord. No. 09-01, 3-5-2009)

(a)

The mining and mineral extraction district MME is designed solely to govern areas of the county where mining and mineral extraction are approved by the board of supervisors. This district shall set forth the minimum regulations for these activities.

(b)

Additional requirements may be set by the board of supervisors on an individual basis if the board determines further requirements are needed to protect the public health, safety, or welfare.

(c)

Each use on the site including accessory uses must be specifically approved by the board of supervisors.

(Ord. No. 09-01, 3-5-2009)

The following uses are permitted in this district:

(1)

Surface mining;

(2)

Subsurface mining;

(3)

Subsurface mineral extraction to include the exploration of and drilling for oil, natural gas, or petroleum; and

(4)

Quarrying.

(Ord. No. 09-01, 3-5-2009)

(a)

Noise, dust, vibrations. All equipment, buildings, and premises used for such purposes shall be constructed, maintained, and operated in such a manner as to reduce to the maximum extent possible noise, dust, or vibrations which could be injurious to persons living in the vicinity.

(b)

Excavations. The excavations shall be confined to areas a distance at least 100 feet from any and all adjoining property lines in any residential, business, or agricultural district and distance at least 200 feet from any dwelling or any and all property lines of any platted subdivision.

(c)

Power-driven or power-producing machinery. Any building containing power-driven or power-producing machinery or equipment shall be distant at least 600 feet from all adjacent property in any residential, business, or agricultural district or the right-of-way lines of any existing or platted street, road, or highway.

(d)

Roadways. All roadways on, and all vehicular entrances and exits from, the private properties on which such operations are conducted to any public roads shall be located to secure safety, to lessen congestion, and to facilitate transportation and shall be so maintained as to eliminate any nuisance from dust to neighboring properties.

(e)

Authority of board. The board may designate location of roadways, require fencing for the areas, establish hours of operation, and other appropriate conditions.

(Ord. No. 09-01, 3-5-2009)

(a)

A detailed master plan of the proposed site to include all physical changes or improvements to the property must be presented at the time the formal application is filed with the county. Twelve copies of this plan are required to be furnished by the applicant. The master plan must be drawn to scale, show all property lines, and adjoining property owners.

(b)

The master plan must be drawn by and bear the seal of a certified land surveyor or engineer.

(c)

Failure to comply with the requirements of this section shall be grounds for county refusal to accept applications for zoning or rezoning to this district.

(Ord. No. 09-01, 3-5-2009)

A plan for reuse of the site is required. The plan for reuse shall show the property, in its entirety, returned to a state suitable for reuse for purposes permissible in this district, relating such reuses to uses existing or probable for surrounding property. Among items to be included in such plans are feasible circulation patterns in and around the site, the treatment of exposed soil or subsoil, including measures to be taken to replace topsoil and/or establish vegetation in excavated areas, in order to make the property suitable for the proposed reuse, treatment of slopes to prevent erosion and delineation of floodways and floodplains, if any, to be maintained in open usage. In such plans for reuse, where conditions are suitable, permanent lakes may be permitted, but intermittent lakes and marshes shall not be allowed except within either flood plain areas or agricultural districts.

(Ord. No. 09-01, 3-5-2009)

(a)

This article represents a good faith effort on the part of the county to allow the activities set forth in section 58-562 while ensuring no adverse impact on the health, safety, welfare of the citizens of the county.

(b)

Due to the wide variation of activity necessary to conduct one type of mining or mineral extraction as opposed to another (i.e., quarrying versus an oil well), it would be unreasonable to adopt one strict set of criteria for all activities to function under. Reasonableness dictates that development requirements be based on the activity proposed; therefore, the county reserves the right to place special conditions upon any action sanctioned under this article as a condition of zoning to this classification.

(Ord. No. 09-01, 3-5-2009)

The intent of this subdivision is to describe standards and conditions for the placement of manufactured home parks in the county. Manufactured home parks are to be developed at appropriate locations in relation to community facilities to encourage a proper setting for such uses and to maintain a proper relation to other land uses.

(Ord. No. 09-01, 3-5-2009)

In a residential district RM any building to be erected or land to be used shall be one or more of the following uses:

(1)

Manufactured home parks.

(2)

Any accessory building and uses customarily incident thereto. No part of any park shall be used for nonresidential purposes, except such uses that are required for the direct servicing and well-being of park residents and for the management and maintenance of the park. Nothing in this section shall be deemed as prohibiting the sale of a manufactured home located on a manufactured home stand and connected to the pertinent utilities.

(Ord. No. 09-01, 3-5-2009)

The site shall not be exposed to objectionable smoke, dust, noise, odors, or other adverse influences, and no portion subject to predictable sudden flooding, or erosion and shall not be used for any purpose which would expose persons or property to hazards. Condition of soil, groundwater level, drainage and topography shall not create hazards to the property or the health or safety of the occupants.

(Ord. No. 09-01, 3-5-2009)

A detailed site plan will be required by the administrator for all uses prior to the issuance of a zoning permit. Article IV of this chapter outlines the site plan requirements.

(Ord. No. 09-01, 3-5-2009)

Lots and parcels of land designed for the temporary or permanent parking and occupancy of two or more manufactured homes used for human habitation may be located in areas zoned to permit such use and shall be of adequate area to provide parking spaces, access lanes, utilities, and accessory buildings as required in this subdivision. Swimming pools, structures, and accessory buildings provided for any such park shall comply with the applicable requirements of the Virginia Uniform Statewide Building Code and the rules and regulations of the building official and health official.

(Ord. No. 09-01, 3-5-2009)

The following regulations shall apply to manufactured home parks:

(1)

Area. A minimum of 5,000 square feet shall be provided for each manufactured home lot. This lot shall have frontage on streets, land, or a driveway.

(2)

Width and yard requirements. Each mobile lot shall have a minimum width of 60 feet. Manufactured home lots shall be so designed that no manufactured home is closer than 25 feet to another manufactured home.

(3)

Setback. The setback distance for manufactured homes is 35 feet from all public streets. Setback distance for private streets shall be no less than 25 feet.

(4)

Frontage. The minimum lot width shall be 50 feet at the setback line or any lot fronting on a public street or highway.

(5)

Parking. Parking spaces shall be provided at the rate of 1.5 spaces per manufactured home lot. Each parking space shall be at least ten feet wide by 22 feet deep and be surfaced with a durable, hard material suitable for all-weather use.

(6)

Permanent markers. Every manufactured home lot shall be clearly defined on the ground by permanent markers.

(7)

Water supply. An adequate supply of potable water approved by the health department shall be furnished from a public or private water system and supply faucets located at each manufactured home lot.

(8)

Sewerage. In each manufactured home park all domestic waste or wastewater from a faucet, toilet, tub, shower, sink, slop sink, drain, washing machine, garbage disposal unit or laundry shall empty into a sewer system approved and constructed in accordance with the regulations of the state health department.

(9)

Garbage storage and disposal. Garbage storage disposal shall be in accordance with the regulations of the state health department.

(10)

Playgrounds. At least 200 square feet of playground space shall be provided and maintained for each manufactured home lot. Each manufactured home park shall provide not less than one playground, and no playground shall be less than 500 square feet in area. Such playground areas shall be used exclusively for playground purposes.

(11)

Additions. No permanent or semi-permanent structure shall be affixed to any manufactured home as an addition to such manufactured home lot. The prohibition in this subsection does not apply to a canopy or awning designed for use with a manufactured home nor to any expansion unit or accessory structure specifically manufactured for manufactured homes.

(12)

Electrical permit required. It shall be unlawful for any electric company to furnish electricity to any manufactured home that is to be used as a dwelling or living quarters unless an electrical permit has been issued therefor.

(13)

Streets. Streets and driveways shall be provided within the park area to afford easy access to all parking spaces. They shall be constructed with a hard, dustless road surface and shall provide ready means of entrance and exit to the street in an approved manner using the following guidelines:

a.

All manufactured home parks shall be provided with safe and convenient vehicular access from abutting public streets or roads to each mobile lot. Such access shall be provided by streets, driveways, or other means.

b.

Entrance to manufactured home parks shall have direct connections to a public street and shall be designed to allow free movement of traffic on such adjacent public streets.

c.

Pavements should be of adequate widths to accommodate the contemplated parking and traffic load in accordance with the type of street with ten feet minimum moving lanes for collector streets, nine feet minimum moving lanes for minor streets, seven feet minimum lane for parallel parking, and in all cases shall meet the following minimum requirements:

1.

One-way streets .....14 feet

2.

Two-way streets .....24 feet

Satisfactory means of drainage shall be provided with all streets and lanes draining into catch basins properly connected to the sewer system in accordance with applicable requirements for such facilities. Walkways may be provided as necessary to all accessory buildings and service buildings of the park. Walks shall have a non-slip impervious surface and shall comply with applicable requirements for public sidewalks. Streets and walkways shall be illuminated as required for streets.

(14)

Signs. Business signs are permitted only to advertise the sale or rent of the premises upon which erected. These signs shall be no larger than six square feet in area. Directional signs and identification signs are permitted.

(Ord. No. 09-01, 3-5-2009)

(a)

Manufactured home parks. Manufactured home parks legally in existence prior to the enactment of this chapter may be continued so long as the use remains otherwise lawful; provided, that:

(1)

No such manufactured home park use shall be enlarged or increased or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of the ordinance from which this chapter is derived.

(2)

No such manufactured home in the park shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of the ordinance from which this chapter is derived.

(3)

If any such use of land for the manufactured home park ceases for any reason for a period of more than 30 days, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.

(4)

The requirements specified in the original Craig County Zoning Ordinance of 1972, as amended, are as followed. These include:

a.

Minimum size, number of spaces. The minimum area for each manufactured home park shall be five acres. Minimum number of spaces completed and ready for occupancy before first occupancy is permitted shall be eight.

b.

Maximum density of units per acre. The total density of any manufactured home park shall not exceed six units per gross acre.

c.

Minimum lot size. The minimum lot size for an individual manufactured home shall be as specified in districts A-1, RR, R-1 and R-2.

d.

Area. The minimum area for an individual manufactured home space shall be 5,000 square feet.

e.

Width. The minimum average width for each manufactured home lot shall be 50 feet except that for any manufactured home unit greater than 12 feet in width the minimum average lot width shall be 60 feet. This average shall be maintained between points ten feet in front of the manufactured home stand and ten feet to the rear of the stand.

f.

Minimum distance between manufactured homes. No manufactured home shall be placed within 25 feet of another.

g.

Yards abutting common areas. The distance from the line or corner of the manufactured home stand to a private access drive, a common parking area, a common walk, or other common area shall be 20 feet minimum. Patios, carports, and individual storage facilities shall be disregarded in determining yard widths.

h.

Distance manufactured homes to be located from park boundary and public streets. No manufactured home shall be placed a lesser distance from the manufactured home park boundary than the side yard width required in the zoning district in which the property adjoining each such boundary lies. In no case shall any manufactured home park be placed less than 15 feet from the manufactured home park boundary. The distance from the line or corner of the manufactured home stand to a public street shall be as designated on the setback map or, if the setback is not designated on such map, shall be located 35 feet or more from any street right-of-way which is 50 feet or greater in width or 60 feet or more from the center of any street right-of-way less than 50 feet in width. This shall be known as the "setback line."

i.

Markers for manufactured home lots. Every manufactured home lot shall be clearly defined on the ground by permanent markers. There shall be posted and maintained in a conspicuous place on each lot a number corresponding to the number of each lot as shown on the site plan submitted as required so that each lot may be easily identified.

(b)

Special cases.

(1)

Emergency use of individual manufactured homes will be allowed in all residential districts where a natural disaster or fire has destroyed or damaged normal dwellings. This emergency use would alleviate the hardships inflicted on the people involved.

(2)

Manufactured homes are permitted as temporary offices or storage structures, not for permanent residential use, in business, industrial, or residential districts in the construction phase of buildings in these districts.

(Ord. No. 09-01, 3-5-2009)

Buildings and structures may be erected up to a height of 45 feet. Churches, belfries, cupolas, monuments, silos, barns, water towers, chimneys, flues, flagpoles, small-scale solar installations, and non-commercial television and radio antennas and aerials are exempt from this height regulation. Telecommunications facilities shall be permitted only by special exception pursuant to division 4, special exceptions, of article II, administration, of this chapter, and section 58-599, telecommunications facilities.

(Ord. No. 09-01, 3-5-2009; Ord. No. 2024-04, 10-3-2024)

Every parking space for manufactured homes shall be provided with devices for anchoring the unit to prevent overturning or uplift. Where concrete platforms are provided for the parking of the units, anchorage may be by eyelets imbedded in the concrete with adequate anchor plates or hooks; or other suitable means. The anchorage shall be adequate to withstand wind forces and uplift as required in article VII of the Basic Code (Virginia Uniform Statewide Building Code) for buildings and structures, based upon the size and weight of the units.

(Ord. No. 09-01, 3-5-2009)

An approved water supply system shall be installed with adequate water taps and connections for each travel trailer or manufactured home parking space to supply running water for all sanitary and washing fixtures, drinking and domestic purposes are required by the plumbing code (Virginia Uniform Statewide Building Code). Connections to individual units shall be arranged to prevent back siphoning into the main system.

(Ord. No. 09-01, 3-5-2009)

Faucets for community use of provided shall be installed in accessible locations in a manner so as to be safe and sanitary. Sanitary facilities consisting of water closets, urinals, showers, or baths may be provided for community use in accordance with the fixture requirements of the plumbing code (Virginia Uniform Statewide Building Code). In addition, not less than one laundry tub and one slop sink may be installed for each ten travel trailer units. Such facilities shall be located so as to be connected to the public sewer system or to the other approved disposal plant. Provisions shall be made for the receipt, collection, and disposal of all garbage and rubbish from each unit in accordance with requirements for dwelling occupancies. Garbage and waste receptacles shall be kept clean and in sanitary condition.

(Ord. No. 09-01, 3-5-2009)

The main electric service to the park shall be of adequate capacity to serve the maximum connected load. Main service, fusing, switching, and distribution shall comply with the applicable requirements of the electrical code (Virginia Uniform Statewide Building Code) and shall be installed and maintained in accordance with applicable laws and ordinances governing such systems. Each travel trailer or manufactured home shall be provided with electric service having a grounded-type supply receptacle with appropriate fuse or circuit breakers. The minimum service for each manufactured home unit shall comply with all electrical codes (Virginia Uniform Statewide Building Code). Service shall be mounted in an approved manner adjacent to each mobile unit space in accordance with the electrical code (Virginia Uniform Statewide Building Code).

(Ord. No. 09-01, 3-5-2009)

Installations for use of natural gas or liquefied petroleum gas shall comply with all laws and ordinances of the community applicable to the use of such systems for dwellings.

(Ord. No. 09-01, 3-5-2009)

Office buildings and structures housing sanitary or similar equipment shall be constructed to meet the applicable requirements of the Basic Code (Virginia Uniform Statewide Building Code). Motor fuel service stations shall be located adjacent to a public street and shall be not less than 30 feet from spaces for parking of travel trailers or manufactured homes or other buildings. Mobile units, as defined in the Basic Code (Virginia Uniform Statewide Building Code), may not be used for accessory uses in connection with any park except upon special permission in writing from the building official. Such units may be mounted in permanent foundations for accessory uses when specifically permitted by the special permit.

(Ord. No. 09-01, 3-5-2009)