Edinburg City Zoning Code
ARTICLE II
District Regulations
§ 175-7 Residential District R-1.
[Amended 8-12-1998; 12-12-2006]
A.
Statement of intent. The R-1 District is generally composed of quiet low-density residential areas, plus undeveloped areas where similar residential construction appears likely to occur. The standards set forth for this district are designed to stabilize and protect the essential character of the Town, to promote and encourage a suitable environment for residential growth and allow for the optional development and redevelopment of land consistent with the design principles of traditional neighborhoods where deemed appropriate by the Planning Commission and Town Council. Development should be compact and designed for the human scale while providing a mix of housing styles, types and sizes to accommodate households of all ages, sizes and incomes. A mix of uses may be provided for, including single-family detached dwellings, secondary dwelling units, attached single-family dwellings, including duplexes and townhouses, selected commercial uses, and open space uses such as squares, greens, neighborhood parks and linear environmental corridors owned and maintained by a homeowners' association that serve the residents of the development. When new development and redevelopment are planned within or adjacent to a previously developed area, existing buildings with historic or architectural features that enhance the visual character of the Town shall be retained.
B.
Uses permitted by right. With the exception of an approved secondary dwelling unit, only one use and its accessory buildings and/or uses may be erected on any lot or parcel of land within the Residential District R-1.
(1)
Single-family detached dwellings, including short-term rentals subject to the provisions of § 175-20L.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(3)
Secondary dwelling units.
(4)
Open space, including but not limited to squares, greens, neighborhood parks, and linear environmental corridors.
(6)
Accessory buildings as defined; however, garages, carports, porches and stoops attached to the main building shall be considered part of the main building. Accessory buildings may be no closer than three feet to any property line or to any other structure, unless otherwise stated in this section.
(8)
Temporary auto trailers and campers stored only in the rear yard, provided that parking in the rear yard is possible, and shall be prohibited from occupancy.
(9)
A maximum of one commercial vehicle, single rear axle trucks less than 16,000 pounds GVW. Such vehicles shall not be located within the minimum yard or setback requirements and shall be prohibited from occupancy. However, such vehicles owned by the property owner or lessee may be located in the setback area on driveways or parking areas with all weather surfaces within said lot.
C.
Uses permitted by special use permit shall be as follows:
(1)
Schools.
(2)
Churches.
(3)
Home occupations, including bed-and-breakfasts in single-family dwellings.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(4)
Commercial uses listed as permitted by right as stated in § 175-10, provided development, redevelopment or infill development contains five or more acres.
(5)
Special needs housing, such as community living arrangements and assisted living facilities.
D.
Area regulations.
(1)
Minimum lot sizes with public water and sewer are:
(a)
For single-family detached dwelling: 15,000 square feet for lots outside of the Historic District and 10,000 square feet within or directly adjacent to the Designated Historic District.
(b)
Single-family attached duplexes: 7,500 square feet, 3,750 square feet per unit.
(c)
Townhouses: 15,000 square feet, 3,750 square feet per unit.
(d)
Approved commercial uses: There are no minimum lot size requirements.
(e)
Secondary dwelling units: When a secondary dwelling unit is planned, 2,000 square feet shall be required in addition to the minimum for a single-family detached dwelling.
(2)
Number of dwelling types in a mixed use development: The maximum number of duplex and/or townhouse dwellings shall not exceed 50% with the remainder of the development being single-family detached dwellings.
[Amended 2-11-2014]
(3)
All dwelling units constructed above approved commercial uses shall be permissible. These shall be considered the same as duplexes and townhouses and shall not increase the 50% maximum number of these types of dwellings.
[Amended 2-11-2014]
(4)
The total nonresidential development uses, including off street parking, shall not exceed 10% of the total development.
E.
Setback and frontage regulations.
(1)
Areas of mixed residential uses. Single-family detached and attached units, including townhouses, shall be located six feet or more from any public right-of-way unless otherwise required by the Town. No building need be more than the average setbacks of adjacent structures within the Designated Historic District unless otherwise required by the Town. Approved commercial uses have no minimum setback requirement.
(2)
Frontage regulations. The minimum lot width at the setback line for a single-family detached unit shall be 75 feet. The minimum lot width at the setback line for single-family attached duplex unit shall be 50 feet. The minimum lot width for townhouses shall be as set forth in § 175-19. Lot widths should create a relatively symmetrical street cross section that reinforces the public space of the street as a simple, unified public space.
F.
Yard regulations.
(1)
Side. Side yards for single-family detached units shall be a total of 20 feet with a minimum of six feet for one side. Side yards for attached duplex units shall be a minimum of 10 feet each side. Side yards for townhouse units shall be as set forth in § 175-19. Side yards for approved commercial uses shall be as set forth in § 175-10. Side yards for single-family dwelling units within or directly adjacent to the Designated Historic District shall be permitted at between zero and six feet, provided that a reciprocal access easement is recorded for both lots, townhouses or other attached dwellings and provided that all dwellings have pedestrian access to the rear yard through means other than the principal structure.
(2)
Rear yards. Each rear yard for a single-family detached unit shall be a minimum of 40 feet. Each rear yard for an attached duplex unit shall be a minimum of 25 feet. Each rear yard for townhouse units shall be as set forth in § 175-19. Rear yards for approved commercial uses shall be as set forth in § 175-10.
G.
Height regulations.
(1)
Buildings may be erected up to three stories including the basement but shall not exceed 35 feet in height measured from the average finished grade to the eave. The height limit shall not apply to attics or chimneys.
(3)
Church spires, belfries, cupolas, municipal water towers, telecommunication towers, chimney flues, flagpoles, parapet walls, television receptors and radio aerials are exempt from these height regulations.
(4)
All accessory buildings or secondary dwelling units shall be less than the main building in height.
H.
Special provisions for corner lot. Each corner lot shall have a minimum width at the setback line of 100 feet along one side fronting either public street.
I.
Open space. At least 25% of the gross acreage of a development shall be open space. Open space may include areas such as steep slopes, wetlands and stormwater detention and retention basins, but these shall not exceed 10% of the total open space requirement. A nonprofit association, corporation, trust or foundation for all individuals or corporations owning property within the development shall be established to ensure the maintenance, management and/or operation of open spaces and/or recreational parks. The nonprofit association, corporation, trust or foundation shall be established prior to the sale of any property within the development. A copy of the recorded establishing document shall be provided to Town office.
J.
Stormwater management. The design and development of the Residential R-1 development should minimize off-site stormwater runoff, promote on-site filtration, and minimize the discharge of pollutants to ground and surface water. Natural topography and existing land cover should be maintained and protected to the maximum extent practicable. New development and redevelopment shall meet the following requirements:
(1)
Applicant shall coordinate review and approval with Shenandoah County Erosion and Sediment Control of the stormwater management design and shall meet all requirements as set forth in Chapter 87, Erosion and Sediment Control, Code of Shenandoah County, as amended. Shenandoah County Erosion and Sediment Control shall act as the review, approval and enforcement agency for the Town.
(2)
Applicant shall provide the Town with proof of meeting all such County requirements before any land disturbing activity takes place on the site, including but not limited to clearing, grading, excavating, transporting and filling of land.
(3)
Applicant shall provide the Town with at least two copies of all drawings and documents submitted to the County, including a certified as-built plan as set forth in Chapter 87, Erosion and Sediment Control, Code of Shenandoah County, as amended.
K.
Circulation standards. The circulation system shall allow for different modes of transportation. The circulation system shall provide functional and visual links within the residential areas, mixed use areas, and open space of the development and shall be connected to existing and proposed external development. The circulation system shall provide adequate traffic capacity, provide connected pedestrian and bicycle routes (especially off street bicycle or multi-use paths or bicycle lanes on the streets), control through traffic, limit lot access to streets with lower traffic volumes, and promote safe and efficient movement through the development.
(1)
Pedestrian circulation. Convenient pedestrian systems that minimize conflict with motor vehicles shall be provided continuously throughout the development. Where feasible, any existing pedestrian routes through the site shall be preserved and enhanced. All streets, except for alleys, shall be bordered by sidewalks on both sides built to Virginia Department of Transportation (VDOT) standards. The following provisions shall also apply:
(a)
Clear and well-lighted sidewalks of adequate width shall connect all dwelling entrances to the adjacent public sidewalk.
(b)
Clear and well-lighted walkways in mixed use areas shall connect building entrances to the adjacent public sidewalk and to associated parking areas. Such walkways shall be a minimum of four feet in width.
(c)
Sidewalk materials shall be designated and approved as part of plan review.
(e)
Intersections of sidewalks with streets shall be designed with clearly defined edges. Crosswalk shall be well-lit and clearly marked with contrasting paving materials at the edges or with striping.
(f)
All streetlighting within the development shall be provided by the developer using the historic style streetlight and pole common to the Town.
L.
Bicycle circulation. Accommodations for bicycles shall be provided on streets and/or dedicated bicycle paths. Where feasible, any existing bicycle routes through the site shall be preserved and enhanced. Facilities for bicycle travel may include off-street bicycle paths, generally shared with pedestrians and other nonmotorized users, and separate striped four-foot bicycle lanes on streets. If a bicycle lane is combined with a lane for parking, the combined width should be 14 feet.
M.
Motor vehicle circulation. Streets shall be designed to minimize motor vehicle conflicts with pedestrians and bicycles. Traffic calming features such as "queuing streets," curb extensions, traffic circles, and medians may be used to encourage slow traffic speeds. All streets shall be built to appropriate VDOT standards and shall be classified according to the following:
(1)
Arterial streets that carry a large volume of traffic and are normally controlled by traffic signs and signals. Having an arterial street bisect a development should be avoided.
(2)
Collector streets provide access to commercial or mixed use buildings and are considered part of the Town's major street network. On-street parking, whether diagonal or parallel, should be used to help slow traffic. Additional parking shall be provided in lots to the side or rear of buildings.
(3)
Subcollector streets provide primary access to individual residential properties and serve to connect streets of lower and higher functions. Design speed is 25 mph.
(4)
Local streets provide primary access to individual residential properties. Traffic volumes are relatively low, with a design speed of 20 mph.
(5)
Alleys may be used to provide secondary access to residential properties where street frontages are narrow, where the street is designed with a narrow width to provide limited on street parking, or where alley access development is desired to increase residential densities. Alleys may also provide delivery access or alternate parking access to approved commercial and mixed uses. Alleys are encouraged in all residential development.
N.
Architectural standards. A variety of architectural features and building materials is encouraged to give each approved structure or group of structures a distinct character.
(1)
Existing structures, if determined by the Edinburg Town Council to be historic or architecturally significant, shall be encouraged to be preserved.
(2)
The front facade of new structures serving as the principal building shall face onto a public street or open space.
(3)
The front facade shall not be oriented to face directly toward a parking lot. Parking shall be provided to the side or in the rear of all structures.
(4)
The architectural features, materials, and the articulation of a facade of a building shall be continued on all sides visible from a public street.
(5)
Porches, pent roofs, roof overhangs, hooded front doors or other similar architectural elements shall define the front entrance to all residences.
(6)
For approved commercial buildings, a minimum of 35% of the front facade on the ground floor shall be transparent, consisting of window or door openings allowing views into and out of the interior. The front entrances shall be defined with architectural elements such as those required on all residences.
(7)
Garages and secondary dwelling units may be placed on a single-family detached residential lot within the principal building or an accessory building, provided that the secondary dwelling unit shall not exceed 800 square feet. Secondary dwelling units shall be a minimum of 10 feet from any property line.
O.
Landscaping and screening standards. Overall composition and location of landscaping shall complement the scale of the development and its surroundings. In general, larger well-placed contiguous planting areas shall be preferred to smaller disconnected areas. Where screening is required, it shall be at least three feet in height at time of planting, unless otherwise specified by the Town. Required screening shall be at least 50% opaque throughout the year.
(1)
Street trees shall be required at a minimum of one deciduous canopy tree per 40 feet of street frontage, or fraction thereof. Trees can be clustered and do not need to be evenly spaced. Trees should preferably be located between the sidewalk and the curb, within the landscaped area of a boulevard, or in tree wells installed in the pavement or concrete. If placement of street trees within the right-of-way will interfere with utility lines, trees may be planted within the front yard setback adjacent to the sidewalk.
(2)
All parking and loading areas fronting public streets or sidewalks or abutting residential districts or uses shall have a landscaped area at least five feet wide along the public street or sidewalk. This area shall contain the following:
(3)
The corners of parking lots, islands, and all other areas not used for parking or vehicular circulation shall be landscaped. Vegetation may include turf grass, native grasses, perennial flowering plants, vines, shrubs, or trees. Such spaces may include architectural features such as benches, kiosks or bicycle parking.
(4)
All landscape materials shall be installed to current industry standards. All plant materials must meet the minimum standards set by the American National Standards Institute in ANSI Z60.1 American Standard Nursery Stock.
(5)
Maintenance and replacement of landscaping shall be the responsibility of the homeowners' association. Landscape maintenance should incorporate environmentally sound management practices, including the use of water and energy efficient irrigation systems such as drip irrigation, and pruning primarily for plant health and public safety, replacing dead materials annually and removing invasive species.
(6)
Minimum plant size shall be as specified as follows:
(a)
Evergreen trees shall be a minimum of six feet in height.
(b)
Deciduous canopy trees shall be a minimum of 2.2 inches caliper (diameter at breast height).
(c)
Small deciduous trees shall be a minimum of 1.2 inches caliper (diameter at breast height).
(d)
Evergreen or deciduous shrubs shall be a minimum of 18 to 24 inches in height.
(7)
Landscape materials shall be tolerant of specific site conditions, including but not limited to heat, drought and salt.
(8)
Existing healthy plant material may be utilized to satisfy landscaping requirements, provided it meets the minimum plant size specified above.
(9)
Landscape materials that are used for screening shall be of a size that allows growth to the desired height and opacity within two years. Landscape species shall be indigenous or proven adaptable to the area's environment and climate.
(10)
Landscaping design and materials shall be reviewed and approved during the site plan review process.
§ 175-8 Residential District R-2.
A.
Statement of intent. The R-2 District is composed of medium-density residential uses and open areas where similar development appears to stabilize and protect the essential character of the area so designated and to promote and encourage, insofar as compatible with the intensity of land use, a suitable environment for family life. Development is, therefore, limited to low to medium density, and permitted uses are limited to single- and two-family dwellings, plus selected additional uses, such as schools, parks, churches and certain public facilities, that serve the residents of the district.
B.
Uses permitted by right. Only one use and its accessory buildings and/or uses may be erected on any lot or parcel of land in Residential District R-2:
(1)
Single-family detached dwellings, including short-term rentals subject to the provisions of § 175-20L.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2)
Two-family dwellings.
(3)
Playgrounds.
(5)
Accessory buildings permitted as defined; however, garages or other accessory structures, such as carports, porches and stoops attached to the main building, shall be considered part of the main building. Accessory buildings may be located in a rear yard area but shall not be located closer than five feet to any property line or to any other structure.
(6)
Pipes, meters and other facilities necessary for the provision and maintenance of Town water and sewerage services, telecommunication facilities and electrical facilities for electric service to properties adjoining such facilities.
(8)
Temporary auto trailers stored only in the rear yard and shall be prohibited from occupancy.
[Amended 8-12-1998]
C.
Uses permitted by special use permit shall be as follows:
(1)
Schools.
(2)
Churches.
(3)
Rooming houses.
(4)
Boardinghouses.
(5)
Tourist homes, bed-and-breakfast inns.
(6)
Home occupations, including bed-and-breakfasts in single-family dwellings.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(7)
Certain commercial uses within the Designated Historic District, as follows: retail shops (including but not limited to antique shop, cafe, bicycle sales and rental, gourmet candy sales and production, artist studio and gallery), barber and beauty shop, newspaper office (not including printing and/or publishing facilities), private or governmental office, personal and professional services, and indoor theaters. All such uses approved shall meet all requirements set forth in Article X, Historic District, of this chapter.
[Added 4-13-2021]
E.
Setback regulations. Structures shall be located six feet or more from any street right-of-way; however, no building need be more than the average of the setbacks of the adjacent structures on either side unless as otherwise required by the Town. A vacant lot 50 feet or more in width shall be assumed to be occupied by a building having a minimum setback. This shall be known as the "setback line."
F.
Frontage regulations. The minimum lot width at the setback line shall be 50 feet.
H.
Height regulations.
(1)
Buildings may be erected up to three stories, including the basement, but not to exceed 35 feet in height.
(2)
Schools or churches 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.
(3)
Church spires, belfries, cupolas, municipal water towers, telecommunication towers, chimney flues, flagpoles, parapet walls, television antennas and radio aerials are exempt from these height requirements.
(4)
Accessory buildings over one story in height shall be at least 10 feet from any lot line. All accessory buildings shall be less than the main building in height.
§ 175-9 Residential District R-3.
[Amended 8-12-1998; 5-8-2001]
A.
Statement of intent. The R-3 District is composed of high-density residential uses and open areas where similar development appears likely to occur. The standards for this district are designated and create areas for apartment and townhouse construction along with an appropriate living environment. These areas are located close to employment, shopping and other community facilities. Development is limited to high-density residential uses of various types, plus selected additional uses, such as schools, parks, churches and certain public facilities.
B.
Uses permitted by right. Only one use and its accessory buildings and/or uses may be erected on any lot or parcel of land in Residential District R-3:
(1)
Single-family detached dwellings, including short-term rentals subject to the provisions of § 175-20L.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2)
Two-family dwellings.
(4)
Parks and playgrounds.
(5)
Public, semipublic or government buildings.
(7)
Accessory buildings permitted as defined; however, garages or other accessory structures, such as carports, porches, and stoops attached to the main building, shall be considered part of the main building. Accessory buildings may be located in a rear yard area but shall not be located closer than five feet to any property line or to any other structure.
(8)
Pipes, meters and other facilities necessary for the provision and maintenance of Town water and sewerage services, telecommunication facilities and electrical service facilities to properties adjoining such facilities.
(10)
Temporary auto trailers stored only within the minimum rear yard requirement and shall be prohibited from occupancy.
C.
Uses permitted by special use permit shall be as follows:
(1)
Schools.
(2)
Churches.
(3)
Home occupations, including bed-and-breakfasts in single-family dwellings.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(6)
Conversion of a structure originally intended and designed for occupancy as single-family dwelling into a structure with a maximum of three dwellings.
(7)
Small lot subdivision for single-family dwellings, detached.
D.
Area regulations.
(1)
The minimum lot area shall be 7,500 square feet for freestanding one-family, two-family or converted three-family detached structures.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2)
Each unit in a two-family structure arranged side by side shall be given 3,750 square feet of lot area.
(4)
The minimum lot area for small lot subdivision shall be 4,000 square feet.
(5)
The minimum lot area for other permitted uses shall be 7,500 square feet or as otherwise herein specified.
(6)
Four thousand square feet of recreational open space be provided for the first 20 building lots in a small lot subdivision, with 4,000 square feet of recreational open space provided for every additional 30 building lots in the small lot subdivision. A non profit association, corporation, trust or foundation for all individuals or corporations owning residential property within the small lot subdivision shall be established to ensure the maintenance, management and/or operation of open spaces and/or recreational parks.
E.
Setback regulations.
(1)
Structures shall be located 30 feet or more from any street right-of-way unless stated otherwise herein; however, no building need be set back more than the average of the setbacks of the adjacent structures on either side unless as otherwise required by the Town. A vacant lot 50 feet or more in width shall be assumed to be occupied by a building having a minimum setback. This shall be known as the "setback line."
(2)
Structures in a small lot subdivision shall be located a minimum of 25 feet from any street right-of-way.
F.
Frontage regulations. The minimum width of a lot shall be 50 feet at setback line or as otherwise herein specified.
G.
Yard regulations.
(1)
Side. Each side yard shall be a minimum of six feet or as otherwise herein specified.
(2)
Side in small lot subdivision. Each side yard shall be a distance that maintains 12 feet minimum between structures in a small lot subdivision, with total of both sides being a minimum of 12 feet. Where the side yard in a small lot subdivision is less than six feet a maintenance easement of six feet to eight feet must be obtained on the lot adjacent to the side yard that is less than six feet.
(3)
Rear. The minimum rear yard shall be 25 feet unless otherwise herein specified.
(4)
Rear in small lot subdivision. The minimum rear yard in a small lot subdivision shall be 20 feet.
H.
Height regulations.
(1)
Buildings may be erected up to four stories but not to exceed 45 feet in height.
(2)
Buildings in small lot subdivision may be erected up to 2 1/2 stories but not to exceed 35 feet in height.
(3)
A public or semipublic building, such as a school, church or library, 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 45 feet.
(4)
Church spires, belfries, cupolas, municipal water towers, telecommunication towers, chimneys, flues, flagpoles, parapet walls, television antennas and radio aerials are exempt from these height requirements.
(5)
Accessory buildings over one story in height shall be at least 10 feet from any lot line. All accessory buildings shall be less than the main building in height.
I.
Off-street parking in small lot subdivision. A minimum of two off-street parking spaces shall be provided for each lot in a small lot subdivision. All parking spaces and access driveways shall be covered with a permanent surface such as concrete, asphalt, brick, etc., and shall be graded and drained to dispose of surface water. A private garage may be considered as providing one or more required off-street parking spaces.
§ 175-10 General Commercial District C.
[Amended 1-10-2006]
A.
Statement of intent. The Commercial District 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 normally characterized either by constant heavy trucking, other than stocking and delivery of retail goods, or by any nuisance factors other than occasioned by incidental light and noise of congregation of people and passenger vehicles. This includes such uses as retail stores, banks, theaters, business offices, newspaper offices, printing presses, restaurants and taverns, garages and service stations and multifamily dwellings with necessary off-street parking.
B.
Uses permitted by right. In General Commercial District C, structures to be erected or land to be used shall be for one or more of the following uses:
(1)
Single-family detached dwellings, including short-term rentals subject to the provisions of § 175-20L.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2)
Antique shops.
(3)
Banks and financial institutions.
(4)
Barbershops and beauty shops.
(5)
Bed-and-breakfast, boardinghouses, rooming homes and tourist homes.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(6)
Furniture sales and repair.
(7)
Garden centers.
(8)
Hardware stores and building supply.
(9)
Home appliance sales and service.
(10)
Libraries.
(11)
Newspaper office buildings, not to include printing and publishing facilities.
(12)
Office building (private and governmental).
(13)
Personal and professional services.
(14)
Pet shops, but excluding kennels.
(15)
Office supply/copy shop with limited printing.
(16)
Radio and television broadcasting stations and studios or offices, excluding external transmission equipment.
(17)
Restaurants.
(18)
Retail stores.
(19)
Theaters, indoor.
(20)
Pipes, meters and other facilities necessary for the provision and maintenance of Town water and sewerage services, telecommunication facilities and electrical facilities for electric service to properties adjoining such facilities.
(24)
Accessory uses clearly incidental to the principal use of the lot, unless otherwise stated in this chapter.
C.
Uses permitted by special use permit shall be as follows:
(2)
Conversion of residential and/or commercial structures into building with a greater number of dwelling units.
(3)
Public billiard parlors and poolrooms, bowling alleys, dance halls, health spas and clubs, video rental stores and similar forms of public amusement only after public hearing shall have been held by the governing body on an application submitted to the body for such use. The Planning Commission shall submit a recommendation to the Council concerning such use applications. In approving any such applications, the governing body may establish such special requirements and regulations for the protection of adjacent property, set the hours of operation and make requirements as it may deem necessary in the public interest, before granting approval to said application.
(4)
Wholesale and distributive establishments which do not create hazards for traffic or adverse impacts on the surrounding area.
(5)
Assembly halls.
(6)
Automobile service stations (with major repair performed inside a building).
(7)
Motor vehicle sales, rental and service. All vehicles to be sold or leased must be operable.
(8)
Cemeteries.
(9)
Churches.
(10)
Department stores.
(11)
Drugstores.
(12)
Dry cleaners.
(13)
Fire and rescue squad organizations.
(14)
Fraternal and auxiliary organizations.
(15)
Funeral homes.
(16)
Garages, public and commercial. All vehicles shall be operable except for vehicles needing immediate repair.
(17)
Hospitals, nursing homes, convalescent homes, rest homes.
(18)
Hotels or motels.
(19)
Laundries and laundromats.
(20)
Printing and publishing facilities, such as newspapers, books and publications.
(21)
Bakeries.
E.
Setback regulations. Six feet front and side unless otherwise determined by the Town.
F.
Frontage and yard regulations. There are no requirements, except that if the property is adjacent to a residence, each minimum side yard for main and accessory buildings shall be 10 feet, and the minimum rear yard for main and accessory buildings shall be 20 feet.
G.
Height regulations.
(1)
Buildings may be erected up to 45 feet in height from grade, except that:
(a)
A public or semipublic building, such as a church, library or hospital, may be erected higher than 45 feet from grade, provided that required front, side and rear yards shall be increased one foot for each foot in height over 45 feet.
(b)
Church spires, belfries, cupolas, water towers, telecommunication towers, chimneys, flues, flagpoles, parapet walls, television antennas and radio aerials are exempt from these height regulations.
(2)
All accessory buildings shall be less than the main building in height.
§ 175-11 Industrial District I.
A.
Statement of intent. The primary purpose of the I District is to permit the location of certain industries which do not in any way detract from the residential desirability of nearby areas and to permit industries to locate near a labor supply. No junkyards or automobile wrecking yards shall be permitted.
B.
Uses permitted by right. In Industrial I Districts, any structure to be erected or land to be used shall be for one or more of the following uses:
(1)
Assembly of electrical appliances, electronic instruments and devices, radios and phonographs; also the manufacture of small parts, such as coils, condensers, transformers and crystal holders.
(2)
Automobile assembling, painting, upholstering, repairing, rebuilding, reconditioning, body and fender work, truck repairing or overhauling, tire retreading or recapping or battery manufacture.
(3)
Automobile service stations with major repair in an enclosed area with a roof.
(4)
Bottling works and plants.
(5)
Building material sales and storage.
(6)
Carpenter, cabinet, furniture and upholstery shops.
(7)
Car wash.
(8)
Coal, wood and fuel storage yards; feed and seed stores.
(9)
Contractor's equipment storage yard or plant, or rental of equipment commonly used by contractors.
(10)
Construction equipment sales.
(11)
Furniture moving and storage.
(12)
Laboratories, pharmaceutical and/or medical.
(13)
Manufacture, compounding, assembling or treatment of articles of merchandise from previously prepared materials.
(14)
Manufacture, compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries and food products.
(15)
Manufacture of pottery and figurines or other similar ceramic products.
(16)
Manufacture of musical instruments, toys, novelties and rubber and metal stamps.
(17)
Packing plants.
(18)
Precision instrument manufacture.
(19)
Printing and publishing shops.
(20)
Veterinary hospitals; kennels.
(21)
Textile manufacturing.
(22)
Welding or machine shops, enclosed.
(23)
Wholesale businesses, storage warehouses.
(25)
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 railroads and facilities, and water and sewerage installations.
(28)
Accessory uses which are incidental to the principal use.
C.
Requirements for permitted uses.
(1)
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 its recommendation. Modifications of the plans may be required. Such plans shall comply with Article IV, Site Plan Requirements.
(2)
Permitted uses shall be conducted wholly within a completely enclosed building or within an area enclosed on all sides by a solid masonry wall, a uniformly painted solid board fence or an evergreen hedge six feet in height, or other screen deemed appropriate by the Planning Commission. Fencing shall be required only when the Zoning Administrator and Planning Commission feel such treatment is necessary to screen the use from public view.
(3)
The Planning Commission may require landscaping within any established or required front setback area. The plans and execution must take into consideration traffic circulation. Landscaping may be permitted up to a height of three feet, or more where deemed desirable by the Planning Commission, and only to within 50 feet from the corner of any intersecting streets.
(4)
Sufficient area shall be provided to adequately separate permitted uses from adjacent business and residential districts. Areas for off-street parking, which shall be in accordance with the provisions set forth in § 175-15, may be used for this separation.
(5)
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 by the Administrator may be extended for a thirty-day period.
D.
Area regulations. The minimum lot area shall be 10,000 square feet.
E.
Setback regulations. Buildings shall be located 30 feet or more from any street right-of-way unless otherwise required by the Town.
G.
Height regulations. Buildings may be erected up to a height of 45 feet. Chimneys, flues, cooling towers, flagpoles, parapet walls, radio or communication towers or their accessory facilities not normally occupied by workmen are excluded from this limitation.
§ 175-12 Floodplain area.
A.
Town liability. The grant of a zoning permit or approval of a subdivision plan in the floodplain area shall not constitute a representation, guarantee or warranty of any kind by the Town or by any official or employee thereof of the practicability or safety of the proposed use and shall create no liability upon the Town, its officials or employees.