Elkton City Zoning Code
ARTICLE VI
Uses in Districts
§ 110-601 Conservation District C-1.
A.
Intent of Conservation District C-1. This district covers portions of the Town which are occupied by various open uses, such as agriculture, national forests and parks, state-owned forest and parklands, and local-government-owned lands. This district is established for the specific purpose of providing recreation and open space uses, conservation of water and other natural resources, reducing soil erosion, protecting watersheds, and reducing hazards from flood and fire.
B.
Permitted uses. Within the Conservation District C-1 the following uses are permitted:
D.
Lot regulations.
(1)
Main building:
(b)
Setback: 25 feet.
(c)
Frontage at setback: 100 feet.
(d)
Side yard:
[1]
One side: 10 feet.
[2]
Two sides: 20 feet.
[3]
Add 15 feet for corner lots.
[4]
Minimum side yard requirement of this chapter, for yards facing streets, shall not apply to any lot where the average side yard on developed lots within the same block and zoning district and fronting on the same street is less than the minimum. In such cases, the side yard on such lot may be less than the required side yard, but not less than the average of the existing side yards on the existing developed lots.
(e)
Rear yard: 25 feet.
(f)
Maximum height: 35 feet.
(2)
Accessory buildings and uses: N/A.
§ 110-602 Low-Density Residential District R-1.
A.
Purpose of the Low-Density Residential District R-1. This district 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, and to promote and encourage a suitable environment for family life. To these ends, development is limited to relatively low concentration, and permitted uses are limited basically to single-unit dwellings providing homes for the residents plus certain additional uses, such as schools, parks, churches, and certain public facilities that serve the residents of the district.
B.
Permitted uses. Within the Low-Density Residential District R-1 the following uses are permitted:
C.
Special exceptions. When, after review of an application and hearing thereon, in accordance with Article VIII herein, the following uses may be permitted by special exception permit:
[Amended 3-25-1991]
(1)
Schools.
(2)
Churches and other places of worship with attendant educational and recreational facilities. No recreational facility shall be located closer than 100 feet from any residential lot.
(3)
Public parks, playgrounds, recreational facilities; tennis courts, public swimming pools and outdoor recreational activities, all of a noncommercial nature. No swimming pool or structure shall be located closer than 100 feet from any residential lot.
(4)
Child-care centers and family day-care homes. The main structure shall not be located closer than 50 feet from any residential lot.
(5)
Bed-and-breakfast facilities, limited.
(6)
Cemeteries.
(8)
Other uses of the same general character as those listed above and deemed appropriate by the Planning Commission and in accordance with Article VIII.
(9)
Short-term rental.
[Added 9-17-2018]
D.
Accessory uses. Where a lot is devoted to a permitted principle use, customary accessory uses and structures are authorized, including but not limited to the following:
(1)
Living quarters of persons principally employed on the premises.
(2)
Travel trailers, which may be stored within the minimum yard requirements and shall be prohibited from occupancy.
(3)
Temporary buildings or office trailers for uses incidental to construction work, such buildings shall be removed upon completion or abandonment of the construction work.
(6)
Private parking garage.
(7)
Shelter for house pets.
(8)
Private swimming pool.
(9)
Satellite antenna.
E.
Lot regulations.
(1)
Main building:
(b)
Setback: 30 feet.
(c)
Frontage at setback: 175 feet.
(d)
Side yard:
[1]
One side: 15 feet.
[2]
Two sides: 30 feet.
[3]
Add 15 feet for corner lots.
[4]
Minimum side yard requirement of this chapter, for yards facing streets, shall not apply to any lot where the average side yard on developed lots within the same blocks and zoning district and fronting on the same street is less than the minimum. In such cases, the side yard on such lot may be less than the required side yard, but not less than the existing side yards on the developed lots, plus 15 extra feet for corner lots.
[Amended 11-18-2013]
(e)
Rear yard: 35 feet.
(f)
Maximum height: 35 feet.
[1]
The height limit for dwellings may be increased up to a maximum of 45 feet and up to three stories, provided that each side yard is 20 feet, plus one foot or more of side yard for each additional foot of building height over 35 feet.
[2]
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 35 feet.
[3]
Church spires, belfries, cupolas, municipal water towers, chimneys, flues, flagpoles, television antenna and radio aerials are exempt. Parapet walls may be up to four feet above the height of the building on which the walls rest.
[4]
For buildings over 45 feet in height, approval shall be obtained from the Zoning Administrator. Chimneys, flues, cooling towers, flagpoles, radio or communication towers, or their accessory facilities, not normally occupied by workmen are excluded from this limitation. Parapet walls are permitted up to four feet above the limited height of the building on which the walls rest.
(2)
Accessory buildings and uses: 10 feet from main building.
(a)
Side yard: 5 feet.
[1]
Add 15 feet for corner lots.
[2]
Minimum side yard requirement of this chapter, for yards facing streets, shall not apply to any lot where the average side yard on developed lots within the same block and zoning district and fronting on the same street is less than the minimum. In such cases, the side yard on such lot may be less than the required side yard, but not less than the average of the existing side yards on the existing developed lots.
(b)
Rear yard: 5 feet
(c)
Height: 35 feet. Accessory buildings over one story in height shall be at least 10 feet from any lot line. All accessory buildings shall not exceed the main building in height.
§ 110-603 Low-Density Residential District R-2.
A.
Purpose of Low-Density Residential District R-2. This district 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. To these ends, development is limited to relatively low concentration, and permitted uses are limited basically to single-unit dwellings providing homes for the residents plus certain additional uses, such as schools, parks, churches, and certain public facilities that serve the residents of the district.
B.
Permitted uses. Within the Low-Density Residential District R-2 the following uses are permitted:
C.
Special exceptions. When, after review of an application and hearing thereon, in accordance with Article VIII herein, the following uses may be permitted by special exception permit:
[Amended 3-25-1991]
(1)
Schools.
(2)
Churches and other places of worship with attendant educational and recreational facilities. No recreational facility shall be located closer than 100 feet from any residential lot.
(3)
Public parks, playgrounds, recreational facilities, tennis courts, swimming pools and outdoor recreational activities, all of a noncommercial nature. No public swimming pool or structure shall be located closer than 100 feet from any residential lot.
(4)
Child-care centers and family day-care homes. The main structure shall not be located closer than 50 feet from any residential lot.
(5)
Bed-and-breakfast facilities, limited.
(6)
Cemeteries.
(8)
Other uses of the same general character as those listed above and deemed appropriate by the Planning Commission and in accordance with Article VIII.
(9)
Short-term rental, provided that a minimum of one unit or a maximum of 4% of the dwellings in a contiguous zoning or adjacent dwellings be issued such permits.
[Added 9-17-2018; amended 6-26-2023]
D.
Accessory uses. Where a lot is devoted to a permitted principle use, customary accessory uses and structures are authorized, including but not limited to the following:
[Amended 11-18-1991]
(1)
Living quarters of persons principally employed on the premises.
(2)
Travel trailers, which may be stored within the minimum yard requirements and shall be prohibited from occupancy.
(3)
Temporary buildings or office trailers for uses incidental to construction work; such buildings shall be removed upon completion or abandonment of the construction work.
(6)
Private parking garage.
(7)
Shelter for house pets.
(8)
Private swimming pool.
(9)
Satellite antenna.
E.
Lot regulations.
(1)
Main building:
(a)
Minimum lot size:
[1]
12,500 square feet with public water and sewer.
[2]
21,000 square feet with other facilities.
[3]
For certain R-2 lots with frontage at the setback line of 50 feet or more but less than 100 feet, see the exception contained in § 110-708B(1)(b).
(b)
Setback: 25 feet.
(c)
Frontage at setback: 100 feet.
(d)
Side yard:
[1]
One side: 10 feet.
[2]
Two sides: 20 feet.
[3]
Add 15 feet for corner lots.
[4]
Minimum side yard requirement of this chapter, for yards facing streets, shall not apply to any lot where the average side yard on developed lots within the same blocks and zoning district and fronting on the same street is less than the minimum. In such cases, the side yard on such lot may be less than the required side yard, but not less than the existing side yards on the developed lots, plus 15 extra feet for corner lots.
[Amended 11-18-2013]
(e)
Rear yard: 25 feet.
(f)
Maximum height: 35 feet.
[1]
The height limit for dwellings may be increased up to a maximum of 45 feet and up to three stories, provided that each side yard is 20 feet, plus one foot or more of side yard for each additional foot of building height over 35 feet.
[2]
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 35 feet.
[3]
Church spires, belfries, cupolas, municipal water towers, chimneys, flues, flagpoles, television antenna and radio aerials are exempt. Parapet walls may be up to four feet above the height of the building on which the walls rest.
[4]
For buildings over 45 feet in height, approval shall be obtained from the Zoning Administrator. Chimneys, flues, cooling towers, flagpoles, radio or communication towers, or their accessory facilities, not normally occupied by workmen are excluded from this limitation. Parapet walls are permitted up to four feet above the limited height of the building on which the walls rest.
(2)
Accessory Buildings and uses: 10 feet from main building.
(a)
Side yard: 5 feet.
(b)
Add 15 feet for corner lots.
(c)
Minimum side yard requirement of this chapter, for yards facing streets, shall not apply to any lot where the average side yard on developed lots within the same block and zoning district and fronting on the same street is less than the minimum. In such cases, the side yard on such lot may be less than the required side yard, but not less than the average of the existing side yards on the existing developed lots.
(d)
Rear yard: 5 feet.
(e)
Height: 35 feet. Accessory buildings over one story in height shall be at least 10 feet from any lot line. All accessory buildings shall not exceed the main building in height.
§ 110-604 Single-Family Residential District R-3.
A.
Purpose of Single-Family Residential District R-3. The purpose of the R-3 Single-Family Residential District is to encourage residential neighborhoods and to stabilize and protect the essential character of such neighborhoods. The regulations for this district tend to protect against encroachment of commercial or industrial uses and other uses likely to generate noise, crowds, concentrations of traffic, light, dust, odors, smoke, or other obnoxious influences.
B.
Permitted uses. Within the Single-Family Residential District R-3 the following uses are permitted:
C.
Special exceptions. When, after review of an application and hearing thereon, in accordance with Article VIII herein, the following uses may be permitted by special exception permit:
[Amended 3-25-1991]
(1)
Schools.
(2)
Churches and other places of worship with attendant educational, and recreational facilities. No recreational facility shall be located closer than 100 feet from any residential lot.
(3)
Public parks, playgrounds, recreational facilities, tennis courts, public swimming pools, and outdoor recreational activities, all of a noncommercial nature. No public swimming pool or structure shall be located closer than 100 feet from any residential lot.
(4)
Child-care centers and family day-care homes. The main structure shall not be located closer than 50 feet from any residential lot.
(5)
Family care homes, foster homes, or group homes serving the mentally retarded, developmentally disabled or others, rest homes, homes for adults, or nursing homes, provided that licensing requirements are met.
(6)
Bed-and-breakfast facilities, limited.
(7)
Homes for adults.
(8)
Commercial radio wave towers.
(9)
Cemeteries.
(11)
Other uses of the same general character as those listed have and deemed appropriate by the Planning Commission and in accordance with Article VIII.
(12)
Short-term rental, provided that a minimum of one unit or a maximum 5% of the dwellings in a contiguous zoning or adjacent dwellings be issued such permits.
[Added 9-17-2018; amended 6-26-2023]
D.
Accessory uses. Where a lot is devoted to a permitted principle use, customary accessory uses and structures are authorized, including but not limited to the following:
[Amended 11-18-1991]
(1)
Living quarters of persons principally employed on the premises.
(2)
Travel trailers which shall be stored within the minimum yard requirements and shall be prohibited from occupancy.
(3)
Temporary buildings or office trailers for uses incidental to construction work; such buildings shall be removed upon completion or abandonment of the construction work.
(6)
Private parking garage.
(7)
Shelter for house pets.
(8)
Private swimming pool.
(9)
Satellite antenna.
E.
Lot regulations.
(1)
Main building:
(a)
Minimum lot size:
[1]
10,000 square feet with public water and sewer.
[2]
21,000 square feet with other facilities.
[3]
Existing lots of 6,250 square feet or greater may be developed in the R-3 Residential Single-Family, R-4 Residential, and R-5 Residential Districts. All subdivision of parcels into lots less than 6,250 square feet shall be prohibited in all districts, except for R-4 and R-5 Residential Districts. The R-1 and R-2 Districts will remain the same, but the R-3 Residential Single-Family District will require lot sizes of a minimum of 10,000 square feet.
[Amended 6-17-1997]
(b)
Setback: 25 feet.
(c)
Frontage at setback: 50 feet.
(d)
Side yard:
[1]
One side: five feet.
[2]
Two sides: 15 feet.
[3]
Add 15 feet for corner lots.
[4]
Minimum side yard requirement of this chapter, for yards facing streets, shall not apply to any lot where the average side yard on developed lots within the same blocks and zoning district and fronting on the same street is less than the minimum. In such cases, the side yard on such lot may be less than the required side yard, but not less than the existing side yards on the developed lots, plus 15 extra feet for corner lots.
[Amended 11-18-2013]
(e)
Rear yard: 25 feet.
(f)
Maximum height: 35 feet.
[1]
The height limit for dwellings may be increased up to a maximum of 45 feet and up to three stories, provided that each side yard is 20 feet, plus one foot or more of side yard for each additional foot of building height over 35 feet.
[2]
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 35 feet.
[3]
Church spires, belfries, cupolas, municipal water towers, chimneys, flues, flagpoles, television antenna and radio aerials are exempt. Parapet walls may be up to four feet above the height of the building on which the walls rest.
[4]
For buildings over 45 feet in height, approval shall be obtained from the Zoning Administrator. Chimneys, flues, cooling towers, flagpoles, radio or communication towers, or their accessory facilities, not normally occupied by workers are excluded from this limitation. Parapet walls are permitted up to four feet above the limited height of the building on which the walls rest.
(2)
Accessory buildings and uses: 10 feet from main building.
(a)
Side yard: five feet.
[1]
Add 15 feet for corner lots.
[2]
Minimum side yard requirement of this chapter, for yards facing streets, shall not apply to any lot where the average side yard on developed lots within the same block and zoning district and fronting on the same street is less than the minimum. In such cases, the side yard on such lot may be less than the required side yard, but not less than the average of the existing side yards on the existing developed lots.
(b)
Rear yard: five feet.
(c)
Height: 35 feet. Accessory buildings over one story in height shall be at least 10 feet from any lot line. All accessory buildings shall not exceed the main building in height.
§ 110-605 Residential District R-4.
A.
Purpose of Residential District R-4. The purpose of the R-4 Residential District is to protect the residential character of established neighborhoods and communities. The regulations for this district tend to reflect and protect established neighborhoods which reflect on long-standing character.
B.
Permitted uses. Within the Residential District R-4 the following uses are permitted:
(1)
Single-family detached dwellings.
(2)
Two-family dwellings, provided that the intent of this district is maintained in the design and use of two-family dwellings.
(3)
Public utilities.
(4)
Public water and sewage facilities.
(5)
Public service or storage buildings.
(6)
Modular homes.
[Added 3-25-1991; amended 12-18-2000]
(7)
Single-family attached dwellings, provided that no more than two dwelling units shall be permitted in each single-family attached dwelling.
[Added 1-18-2010]
C.
Special exceptions. When, after review of an application and hearing thereon, in accordance with Article VIII herein, the following uses may be permitted by special exception permit:
[Amended 3-25-1991]
(1)
Schools.
(2)
Churches and other places of worship with attendant educational and recreational facilities. No recreational facility shall be located closer than 100 feet from any residential lot.
(3)
Public parks, playgrounds, recreational facilities, tennis courts, public swimming pools and outdoor recreational activities, all of a noncommercial nature. No swimming pool or structure shall be located closer than 100 feet from any residential lot.
(4)
Child-care centers and family day-care homes. The main structure shall not be located closer than 50 feet from any residential lot.
(5)
Family care homes, foster homes or group homes serving the mentally retarded, developmentally disabled or others, rest homes, homes for adults, or nursing homes, provided that licensing requirements are met.
(6)
Commercial radio wave towers.
(7)
Bed-and-breakfast facilities, limited.
(8)
Cemeteries.
(10)
Other uses of the same general character as those listed above and deemed appropriate by the Planning Commission and in accordance with Article VIII.
(11)
Short-term rental in single-family detached dwelling, provided that a minimum of one unit or a maximum 6% of the dwellings in a contiguous zoning or adjacent dwellings be issued such permits. Short-term rentals are not allowed in multifamily dwellings, duplexes, townhouses, or apartments.
[Added 9-17-2018; amended 6-26-2023]
D.
Accessory uses. Where a lot is devoted to a permitted principal use, customary accessory uses and structures are authorized, including but not limited to the following:
[Amended 11-18-1991]
(1)
Living quarters of persons principally employed on the premises.
(2)
Travel trailers, which may be stored within the minimum yard requirements and shall be prohibited from occupancy.
(3)
Temporary buildings of office trailers for uses incidental to construction work, such buildings shall be removed upon completion or abandonment of the construction work.
(6)
Private parking garage.
(7)
Shelter for house pets.
(8)
Private swimming pool.
(9)
Satellite antenna.
E.
Lot regulations.
(1)
Main building:
(b)
Setback: 25 feet.
(c)
Frontage at setback: 50 feet.
(d)
Side yard:
[1]
One side: five feet.
[2]
Two sides: 15 feet.
[3]
Add 15 feet for corner lots.
[4]
Minimum side yard requirement of this chapter, for yards facing streets, shall not apply to any lot where the average side yard on developed lots within the same blocks and zoning district and fronting on the same street is less than the minimum. In such cases, the side yard on such lot may be less than the required side yard, but not less than the existing side yards on the developed lots, plus 15 extra feet for corner lots.
[Amended 11-18-2013]
(e)
Rear yard: 25 feet.
(f)
Maximum height: 35 feet.
[1]
The height limit for dwellings may be increased up to a maximum of 45 feet and up to three stories, provided that each side yard is 20 feet, plus one foot or more of side yard for each additional foot of building height over 35 feet.
[2]
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 35 feet.
[3]
Church spires, belfries, cupolas, municipal water towers, chimneys, flues, flagpoles, television antenna and radio aerials are exempt. Parapet walls may be up to four feet above the height of the building on which the walls rest.
[4]
For buildings over 45 feet in height, approval shall be obtained from the Zoning Administrator. Chimneys, flues, cooling towers, flagpoles, radio or communication towers, or their accessory facilities, not normally occupied by workers are excluded from this limitation. Parapet walls are permitted up to four feet above the limited height of the building on which the walls rest.
(2)
Accessory buildings and uses: 10 feet from main building.
(a)
Side yard: five feet.
[1]
Add 15 feet for corner lots.
[2]
Minimum side yard requirement of this chapter, for yards facing streets, shall not apply to any lot where the average side yard on developed lots within the same block and zoning district and fronting on the same street is less than the minimum. In such cases, the side yard on such lot may be less than the required side yard, but not less than the average of the existing side yards on the existing developed lots.
(b)
Rear yard: five feet.
§ 110-606 Residential District R-5.
A.
Purpose of Residential District R-5. The purpose of the R-5 Residential District is to protect the residential character of established neighborhoods and communities. The regulations for this district tend to reflect and protect established neighborhoods which reflect on long-standing character.
B.
Permitted uses within Residential District R-5. The following uses are permitted:
(1)
Single-family detached dwellings.
(2)
Duplexes.
(3)
Two-family dwellings.
(4)
Multiple-family dwellings and single-family dwellings, provided that no more than eight dwelling units shall be permitted in each multiple-family dwelling or single-family attached dwelling, and provided that, with respect to townhouses, the use is in compliance with the provisions of § 110-709 of this chapter.
[Amended 8-27-1990; 10-15-1990]
(5)
Public utilities.
(6)
Public water and sewage facilities.
(7)
Public service or storage buildings.
(8)
Apartments located in the same building as a private garage, but only if a single-family detached dwelling exists on the same lot, and further limited to a single such apartment on such lot.
[Amended 11-19-1990]
(9)
Modular homes.
[Added 3-25-1991]
C.
Special exceptions. When, after review of an application and hearing thereon, in accordance with Article VIII herein, the following uses may be permitted by special exception permit:
[Amended 3-25-1991]
(1)
Schools.
(2)
Churches and other places of worship with attendant educational and recreational facilities. No recreational facility shall be located closer than 100 feet from any residential lot.
(3)
Public parks, playgrounds, recreational facilities, tennis courts, public swimming pools and outdoor recreational activities, all of a noncommercial nature. No swimming pool or structure shall be located closer than 100 feet from any residential lot.
(4)
Child-care centers and family day-care homes. The main structure shall not be located closer than 50 feet from any residential lot.
(5)
Foster care homes, foster homes, or group homes serving the mentally retarded, developmentally disabled or others, rest homes, homes for adults, or nursing homes, provided that licensing requirements are met.
(6)
Commercial radio wave towers.
(7)
Bed-and-breakfast facilities, limited.
(8)
Cemeteries.
(9)
Short-term rental in single-family detached dwelling, provided that a minimum of one unit or a maximum 7% of the dwellings in a contiguous zoning or adjacent dwellings be issued such permits. Short-term rentals are not allowed in multifamily dwellings, duplexes, townhouses, or apartments.[1]
[Amended 11-22-2022; amended 6-26-2023]
(10)
Transitional housing facility/living center. Factors to be considered will include, but not be limited to, the following:
[Added 4-18-2016[2]]
(a)
Defined mission statement which is consistent with the definition of transitional housing facility/living center.
(b)
One or more resident professional support staff on premises to assist with transition.
(c)
Defined period of stay of less than 24 months.
(d)
Defined admission policy that precludes the current illegal use of or addiction to a controlled substance as defined in § 54.1-3401 of the Code of Virginia, as amended from time to time.
(e)
Defined conditions of residence that are aligned with the principle of transitioning back to productive society.
(f)
Defined conditions of residence which include limits of two individuals per bedroom.
(g)
Defined policy adherence enforcement protocol.
(h)
Appropriate state license, where required.
[2]
Editor's Note: This ordinance also provided for the renumbering of former Subsection C(10) as Subsection C(11).
D.
Accessory uses. Where a lot is devoted to a permitted principal use, customary accessory uses and structures are authorized, including but not limited to the following:
[Amended 11-18-1991]
(1)
Living quarters of persons principally employed on the premises.
(2)
Travel trailers, which may be stored within the minimum yard requirements and shall be prohibited from occupancy.
(3)
Temporary buildings or officer trailers for uses incidental to construction work, such buildings shall be removed upon completion or abandonment of the construction work.
(6)
Private garage.
(7)
Shelter for house pets.
(8)
Private swimming pool.
(9)
Satellite antenna.
E.
Lot regulations.
(1)
Main building:
(a)
Minimum lot size:
(b)
Setback: 25 feet.
(c)
Frontage at setback: 50 feet.
(d)
Side yard:
[1]
One side: five feet.
[Amended 11-18-2013]
[2]
Two sides: 15 feet.
[Amended 11-18-2013]
[3]
Add 15 feet for corner lots.
[4]
Minimum side yard requirement of this chapter, for yards facing streets, shall not apply to any lot where the average side yard on developed lots within the same blocks and zoning district and fronting on the same street is less than the minimum. In such cases, the side yard on such lot may be less than the required side yard, but not less than the existing side yards on the developed lots, plus 15 extra feet for corner lots.
[Amended 11-18-2013]
(e)
Rear yard: 25 feet.
(f)
Maximum height: 35 feet.
[1]
The height limit for dwellings may be increased up to a maximum of 45 feet and up to three stories, provided that each side yard is 20 feet, plus one foot or more of side yard for each additional foot of building height over 35 feet.
[2]
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 35 feet.
[3]
Church spires, belfries, cupolas, municipal water towers, chimneys, flues, flagpoles, television antenna and radio aerials are exempt. Parapet walls may be up to four feet above the height of the building on which the walls rest.
[4]
For buildings over 45 feet in height, approval shall be obtained from the Zoning Administrator. Chimneys, flues, cooling towers, flagpoles, radio or communication towers, or their accessory facilities, not normally occupied by workers are excluded from this limitation. Parapet walls are permitted up to four feet above the limited height of the building on which the walls rest.
(2)
Accessory buildings and uses: 10 feet from main building.
(a)
Side yard: 5 feet.
[1]
The side yard requirements for accessory buildings and uses on townhouse lots of 20 feet in width or less shall be zero. For lots from 20 feet wide to 50 feet wide, the side yard shall be two inches per foot for each foot of width over 20 feet in width, except on corner lots where the regular side yard distances apply as noted below.
[2]
Add 15 feet for corner lots.
[3]
Minimum side yard requirement of this chapter, for yards facing streets, shall not apply to any lot where the average side yard on developed lots within the same block and zoning district and fronting on the same street is less than the minimum. In such cases, the side yard on such lot may be less than the required side yard, but not less than the average of the existing side yards on the existing developed lots.
(b)
Rear yard: five feet.
(c)
Height: 35 feet. Accessory buildings over one story in height shall be at least 10 feet from any lot line. All accessory buildings shall not exceed the main building in height.
§ 110-607 High-Density Residential District R-6.
A.
Purpose of High-Density Residential District is to provide for higher development densities in accordance with the Elkton Comprehensive Plan. The regulations for this district provide for development which is not completely residential as it includes public and semipublic, institutional and other related uses. However, it is basically residential in character, and as such, is protected against encroachment of heavy commercial, industrial, and other uses likely to generate noise, crowds, large concentrations of traffic, light, dust, odors, smoke, and other obnoxious influences.
B.
Permitted uses. Within the High-Density Residential District R-6 the following uses are permitted:
(1)
Multiple-family dwellings, apartments and single-family dwellings, provided that no more than 12 dwelling units shall be permitted in each multiple-family dwelling or single-family attached dwelling, and provided that, with respect to townhouses, the use is in compliance with the provisions of § 110-709 of this chapter.
[Amended 11-17-2008]
(2)
Professional offices in structures similar in character with surrounding neighborhoods.
(3)
Tourist homes.
(4)
Public water and sewage facilities.
(5)
Public service or storage buildings.
(6)
Public utilities.
(7)
Modular homes.
[Added 3-25-1991]
C.
Special exceptions. When after review of an application and hearing thereon, in accordance with Article VIII herein, the following uses may be permitted by special exception permit:
[Amended 3-25-1991]
(1)
General hospitals.
(2)
Schools.
(3)
Churches and other places of worship with attendant educational recreational facilities. No recreational facility shall be located closer than 100 feet from any residential lot.
(4)
Public parks, playgrounds, recreational facilities, tennis courts, public swimming pools and outdoor recreational activities, all of a noncommercial nature. No swimming pool or structure shall be located closer than 100 feet from any residential lot.
(5)
Child-care centers, and family day-care homes. The main structure shall not be located closer than 50 feet from any residential lot.
(6)
Commercial operations which:
(a)
Will not adversely affect the health or safety of persons residing in the neighborhood of the proposed use;
(b)
Will not be detrimental to the public welfare or injurious to property or improvements;
(c)
Will not be in conflict with the intent of this district; and
(d)
Will comply with all other provisions regulating such uses.
(7)
Boardinghouses.
(8)
Family care homes, foster homes or group homes serving the mentally retarded, developmentally disabled or others, rest homes, homes for adults, or nursing homes, provided that licensing requirements are met.
(9)
Clubs, fraternities, lodges and meeting places of other organizations, provided that the buildings in which such meetings are housed shall be located at least 50 feet from any other lot.
(10)
Commercial radio wave antenna towers.
(11)
Bed-and-breakfast facilities, limited.
(12)
(13)
Transitional housing facility/living center. Factors to be considered will include, but not be limited to, the following:
[Added 4-18-2016[2]]
(a)
Defined mission statement which is consistent with the definition of transitional housing facility/living center.
(b)
One or more resident professional support staff on premises to assist with transition.
(c)
Defined period of stay of less than 24 months.
(d)
Defined admission policy that precludes the current illegal use of or addiction to a controlled substance as defined in § 54.1-3401 of the Code of Virginia, as amended from time to time.
(e)
Defined conditions of residence that are aligned with the principle of transitioning back to productive society.
(f)
Defined conditions of residence which include limits of two individuals per bedroom.
(g)
Defined policy adherence enforcement protocol.
(h)
Appropriate state license, where required.
[2]
Editor's Note: This ordinance also provided for the renumbering of former Subsection C(13) as Subsection C(14).
D.
Accessory uses. Where a lot is devoted to a permitted principal use, customary accessory uses and structures are authorized, including but not limited to the following:
[Amended 11-18-1991]
(1)
Living quarters of persons principally employed on the premises.
(2)
Travel trailers, which may be stored within the minimum yard requirements, and occupancy therein shall be prohibited.
(3)
Temporary buildings or office trailers, for uses incidental to construction work, such buildings shall be removed upon completion or abandonment of the construction work.
E.
Lot regulations.
(1)
Main building:
(b)
Setback: 30 feet.
(c)
Frontage at setback: 50 feet.
(d)
Side yard:
[1]
One side: 10 feet.
[2]
Two sides: 20 feet.
[3]
Add 15 feet for corner lots.
[4]
Minimum side yard requirement of this chapter, for yards facing streets, shall not apply to any lot where the average side yard on developed lots within the same blocks and zoning district and fronting on the same street is less than the minimum. In such cases, the side yard on such lot may be less than the required side yard, but not less than the existing side yards on the developed lots, plus 15 extra feet for corner lots.
[Amended 11-18-2013]
(e)
Rear yard: 25 feet.
(f)
Maximum height: 35 feet.
[1]
The height limit for dwellings may be increased up to a maximum of 45 feet and up to three stories, provided that each side yard is 20 feet, plus one foot or more of side yard for each additional foot of building height over 35 feet.
[2]
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 35 feet.
[3]
Church spires, belfries, cupolas, municipal water towers, chimneys, flues, flagpoles, television antenna and radio aerials are exempt. Parapet walls may be up to four feet above the height of the building on which the walls rest.
[4]
For buildings over 45 feet in height, approval shall be obtained from the Zoning Administrator. Chimneys, flues, cooling towers, flagpoles, radio or communication towers, or their accessory facilities, not normally occupied by workers are excluded from this limitation. Parapet walls are permitted up to four feet above the limited height of the building on which the walls rest.
(2)
Accessory buildings and uses: 20 feet from main building.
(a)
Side yard: 10 feet.
[1]
The side yard requirements for accessory buildings and uses on townhouse lots of 20 feet in width or less shall be zero. For lots from 20 feet wide to 50 feet wide, the side yard shall be two inches per foot for each foot of width over 20 feet in width, except on corner lots where the regular side yard distances apply as noted below.
[2]
Add 15 feet for corner lots.
[3]
Minimum side yard requirement of this chapter, for yards facing streets, shall not apply to any lot where the average side yard on developed lots within the same block and zoning district and fronting on the same street is less than the minimum. In such cases, the side yard on such lot may be less than the required side yard, but not less than the average of the existing side yards on the existing developed lots.
(b)
Rear yard: 10 feet.
(c)
Height: 35 feet. Accessory buildings over one story in height shall be at least 10 feet from any lot line. All accessory buildings shall not exceed the main building in height.
H.
Other regulations.
[Added 11-17-2008]
(1)
When after review of an application and hearing thereon in accordance with § 110-802C herein, multiple-family development special use permits may be approved for dwellings of more than 12 units per acre up to 17 units per acre or more than 12 units per building if the following conditions, as determined by Council, are met:
(a)
Consideration of existing or approved multiple-family development, or land planned for multiple-family development according to the Comprehensive Plan and its location to the proposed multiple-family development.
(b)
The applicant has demonstrated that adequate vehicular, pedestrian and bicycle facilities:
[1]
Currently serve the site; or
[2]
Are planned to serve the site according to a Town or state plan with reasonable expectation of construction within the timeframe of the need created by the development; or
[3]
Will be provided by the applicant at the time of development; or
[4]
Are not needed because of the circumstances of the proposal.
(c)
The applicant has demonstrated that the proposed multiple-family development's design is compatible with adjacent existing and planned single-family, duplex and townhouse development. Compatibility may be achieved through architectural design (e.g., multidimensional facade or other attributes that make the development appear more residential in character), site planning, landscaping and/or other measures that ensure that views from adjacent single-family, duplex and townhouse development and public streets are not dominated by large buildings, mechanical/electrical and utility equipment, service/refuse functions and parking lots or garages.
(d)
The applicant has shown that the site is environmentally suitable for multiple-family development. There shall be adequate area within the site, or the development shall be designed, to accommodate buildings, roads and parking areas with minimal impact on steep slopes and floodplains.
§ 110-608 Residential District R-7.
A.
Purpose of Residential District R-7. The purpose of the Residential District R-7 is to allow low-cost residential development in the form of manufactured home parks and manufactured home subdivisions.
B.
Permitted uses. Within the Residential District R-7 the following uses are permitted:
C.
Special exceptions. When after review of an application and hearing thereon, in accordance with Article VIII herein, the following uses may be permitted by special exception permit:
D.
Accessory uses. Where a lot is devoted to a permitted principal use, customary accessory uses and structures are authorized, including but not limited to the following:
§ 110-609 Planned Unit Development District R-8.
A.
Purpose and intent. The purpose of the Planned Unit Development District R-8 is to permit larger-scale development and clustering of single-family residential dwelling units through design innovation to provide for a neighborhood with a variety of housing types and densities, neighborhood shopping facilities, schools, parks, playgrounds, off-street parking and, where necessary, land reserved to provide local employment opportunities. The development in this district shall substantially conform to a comprehensive land use master plan and shall conform to a detailed final plan. Land zoned R-8 for which a master plan conforming to the requirements of this chapter has not been approved shall not be further developed until a master plan, final plan and, as applicable, a subdivision plat have been approved. With respect to land located in a district other than R-8 for which R-8 zoning is sought, an approved master plan shall be a requirement of the rezoning process and a proposed master plan shall be submitted with the application for an amendment to the Zoning Map.
B.
Permitted uses. Within the Planned Unit Development District R-8 the following uses are permitted:
[Amended 10-17-2005]
C.
Accessory uses. In addition to the principal uses, other commercial or noncommercial service uses may be permitted provided that:
(1)
Such uses are intended primarily to serve the needs of the project area residents.
(2)
Such uses are designed and located for the convenience of project area residents and to protect the character of the district.
(3)
All subsequent changes in use shall be approved by the Planning Commission or its agent.
(4)
All commercial uses shall not total more than 10% of the total project area.
(5)
Construction of commercial facilities shall not begin until 25% of the residential units or 250 dwelling units, whichever is less, of the total planned development has been completed.
D.
Qualifying requirements. A tract or parcel of land may be considered for R-8 Planned Unit Development District Zoning only if it meets the following conditions:
(1)
Ownership requirements. The project area must be five acres or more, owned by one person or the application shall be filed jointly by the owners of all land within the project area. The holder of a written option to purchase land shall, for the purposes of such application, be deemed to be an owner of such land.
[Amended 7-20-1992]
(2)
Availability of public utilities. The project area must be located where public water and sewer systems are available or where a community water and sewer system can be developed as part of the project.
(3)
Land suitability. Rezoning of land to an R-8 Planned Unit Development District may be denied if the Town Council determines that the land is not suitable for development because of inadequate road access, geographic constraints, inadequate community facilities, excessive distance to employment areas, nonconformity to Town development plans, or other public health, welfare or safety objectives.
E.
Site design requirements. The following are the site design requirements for the R-8 Planned Unit Development District:
(1)
Maximum density. The gross residential density shall not exceed 12 dwelling units per acre.
(2)
Common open space. Minimum open space shall be not less than 30% of the total project area exclusive of buildings, streets, alleys, roads, parking areas, walks, patios, and other similar improvements but inclusive of swimming pools and other active and passive recreational areas.
(3)
Functional relationships. The master plan and final plan shall be designed for convenient relationships between the various functional areas of the project such as residential, recreational and shopping.
(4)
Lot design. The lot design, arrangement, and shape shall be such that lots will provide satisfactory and desirable sites for buildings, and be properly related to topography, and provide convenient and safe access.
(5)
Street design. The street system within the project area shall:
(a)
Be adequate to serve projected traffic flow;
(b)
Assure safe and convenient sight distances;
(c)
Complement the natural topography;
(d)
Coordinate with existing and planned streets;
(e)
Be dustproof and passable year round;
(f)
Comply with applicable minimum Virginia Department of Transportation design and construction criteria; and
(g)
Include curb, gutter and sidewalks as required by the town.
(6)
Street names and signs. The name of proposed streets shall not duplicate existing street names irrespective of the use of the suffix street, avenue, boulevard, driveway, place, lane or court. Proposed streets, which are obviously in alignment with other already existing and named streets, shall bear the names of the existing streets. Street names shall be indicated on the master plan, final plan, preliminary and final subdivision plat. Street signs shall be provided at all intersections.
(7)
Streetlighting. Streetlighting shall be provided on all streets in the development.
(8)
Pedestrian circulation. Provision shall be made for pedestrian circulation, which will enable residents, visitors and/or patrons to walk safely and conveniently between the various functional areas of the project and adjacent circulation systems, as determined appropriate by the town, including sidewalks if determined appropriate by the town.
(9)
Parking. Off-street parking shall be provided in accordance with § 110-703C in adequate amounts and in convenient locations. Wherever feasible, parking areas should be designed to preserve natural amenities and should avoid excessive concentrations of pavement by scattered landscaping and tree planting. Generally, two parking spaces should be provided for each dwelling unit.
(10)
Water and sewer. All Planned Unit Development Districts shall be served by collective water and sewer systems as follows:
(11)
Community facilities. Reservation or dedication of land for community facilities may be required if the need is created by the project area development or if proposed on the Town comprehensive land use plan.
(12)
Fire hydrants. Fire hydrants shall be provided throughout the project area in such locations to provide adequate fire protection.
(13)
Drainage. Adequate drainage shall be provided. The street and lot plan shall be designed to avoid drainage problems. Where storm drains or drainage ditches are required, or where an existing waterway or drainage way traverses the project area, an easement or right-of-way shall be provided with adequate improvements to contain the drainage flows from the tributary area upstream of the watershed.
(14)
Floodways. Land subject to flooding and land deemed to be topographically unsuitable shall not be platted for residential occupancy, nor for such other uses as may increase danger of health, life, or property, or aggravate erosion or flood hazard. Such land within the project area shall be used as common open space or other uses which would not be endangered by periodic or occasional inundation or shall not produce conditions contrary to public welfare.
(15)
Easements. Easements through the project area shall be provided for water, sewer, gas, telephone, power and other utilities as required by the respective utility departments, agencies or companies.
(16)
Grading. The design shall minimize the amount of grading required for development to the extent feasible, the natural lay of the land shall be maintained except where grading is required for public health or safety.
(17)
Natural amenities. The developer shall make every reasonable effort to protect and preserve the natural amenities of the site such as tree cover, waterways and scenic overlooks. The design shall maximize the use and enjoyment of natural amenities by project residents.
(18)
Landscaping and screening. Landscaping and screening may be required to improve the project appearance or to provide a buffer between potentially conflicting uses.
F.
Master plan.
(1)
Master plan map. The proposed master plan shall include an accurately scaled development map of the project, including:
(a)
Proposed land uses including residential types, commercial types, recreation and any other proposed use.
(b)
Proposed street system including public and private right-of-way.
(c)
Proposed parking areas and parking space tabulations.
(d)
Proposed preliminary subdivision lot lines.
(e)
Proposed utility rights-of-way or easements including water, sewer, gas, power, and telephone.
(f)
Proposed general drainage plan.
(g)
Proposed location of buildings, structures, and improvements, except single-family dwellings.
(h)
Areas designated for proposed common property.
(i)
Proposed pedestrian circulation system.
(j)
A general description of proposed landscaping plan.
(k)
Proposed treatment of the project perimeter such as screening or landscaping.
(l)
Relationships to adjacent properties and proposed or existing connections for access and utilities.
(2)
Master plan data. The proposed master plan shall also include the following:
(a)
A legal description or current survey plat of the project boundaries.
(b)
A statement of existing and proposed property owners.
(c)
Names and addresses of all adjacent property owners.
(d)
A statement of project development objectives and character to be achieved.
(e)
An approximate development schedule including dates of proposed construction beginning and completion and staging plan, if appropriate.
(f)
A statement of intent regarding future selling or leasing of lots and improvements.
(g)
Quantitative data including the number and type of dwelling units; parcel sizes; gross and net residential densities; total amount and percentage of open space, residential, commercial, and other land use types; total ground area covered by buildings other than single-family dwellings.
(h)
Proposed building types, other than single-family dwellings including architectural style, height, and approximate floor area.
(i)
Approvals from the Virginia Department of Transportation and the Health Official.
(j)
Proposed agreements, provisions, or covenants which govern the use, maintenance, and continued protection of property to be held in common ownership.
(k)
A statement of proposed temporary and permanent erosion and sedimentation control measures to be taken.
(l)
The identify of all real parties with an equitable interest in the land within the project area.
(3)
Application for approval of master plan for land in R-8 District. Ten copies of an application for the approval of a master plan shall be filed, consisting of the proposed master plan and a written request for approval. The Zoning Administrator shall promptly forward the application and data to the Planning Commission for its review and recommendation. The Planning Commission shall consider the general plan for the community, the location, arrangement and size of lots, parks, school sites and other reservations of open space; the location and design characteristics of streets, including curb, gutter and sidewalks; the location and arrangement of parking areas; the location, arrangement and height of buildings; the location, arrangement and design of neighborhood business areas and related parking areas; the gross densities proposed for the project area; and such other features as will contribute to the orderly and harmonious development of the area, with due regard to the type and the character of adjoining neighborhoods and the peculiar suitability of the proposed uses.
(4)
Rezoning. If the project area for a proposed planned unit development does not lie within an R-8 District, then the approval of a master plan shall be an additional requirement for amending the Zoning Map for the subject area to an R-8 District, as provided in § 110-802D. In such event, the application for approval of a master plan shall be filed with the application for a Zoning Map amendment. The applications shall be considered together by the Town in accordance with the provisions of this section and § 110-802D; provided, however, that the time requirements of § 110-802D shall apply.
(5)
Processing fee. At the time of filing the application for approval of the master plan, the applicant shall deposit with the Zoning Administrator a cashier's or certified check payable to the Town of Elkton in an amount designated by the Town plus an additional fee for each additional dwelling unit proposed on the development plan as set forth in Article X.
(6)
Appearance of developer. The Planning Commission and/or the Town Council may require the developer or the developer's agent to appear before it to explain and discuss the planned development.
(7)
Master plan approval.
(a)
Within 60 days after the filing of the application to approve a master plan, the Planning Commission shall report to Town Council one of the following:
(b)
The Town Council shall give notice under § 15.2-2204 of the Code of Virginia of a public hearing to be held not more than 30 days after the receipt of the Planning Commission's report. After the hearing, the Town Council shall approve or disapprove the master plan, or approve the master plan with modifications.
(c)
If the master plan is approved, or approved with modifications by the Town Council, a copy of the master plan marked as approved on behalf of the Town by the subdivision agent and the developer shall be maintained by the Town Clerk as part of the permanent records of the town.
(8)
Revisions to master plan. A master plan may be revised only by complying with the same procedures set forth herein with respect to the approval of a master plan, provided that the proposed revised master plan shall be clearly designated as a revised master plan. In the event that the revision of a master plan is so approved, the revised master plan shall be marked as approved on behalf of the Town by the subdivision agent and the developer and shall be maintained by the Town Clerk in conjunction with the original master plan as part of the permanent records of the town.
G.
Final plan.
(1)
Procedure for approval of final plan. Following the approval of the master plan, the applicant may file with the Zoning Administrator 10 copies of a final plan, together with a written request for approval of the final plan.
(2)
Final plan requirements. The final plan may apply to part or all of the land within the master plan project area and shall include the following information with respect to such land to which the final plan applies:
(a)
Subdivision lot lines, if applicable, showing metes and bounds.
(b)
Utility rights-of-way or easements including water, sewer, gas, power, television cable and telephone.
(c)
Property lines and proposed use of proposed common property.
(d)
Layout of all major roads or streets, showing metes and bounds.
(e)
Permitted uses and location of all lots and all buildings and improvements other than detached single-family dwellings.
(f)
Public or community amenities within the area.
(g)
Sites or lots proposed for schools or other buildings to be built by public authority.
(h)
Types of use of open areas.
(i)
General landscaping plan, including a description of natural amenities and any alteration thereof.
(j)
Treatment of the project perimeter such as screening or landscaping.
(k)
Parking areas and calculations denoting number of parking spaces.
(l)
Grading and drainage specifications.
(m)
A proposed deed of dedication including restrictions safeguarding the permanent use of open areas shown on the master plan and contained within the area of the final plan for the purpose of preventing encroachment thereupon.
(n)
Any information contained in the master plan not otherwise described in this subsection.
(3)
Compliance with master plan. The final plan shall comply with the site design requirements set forth herein and shall not substantially vary from the master plan beyond the following parameters:
(a)
Variation of the proposed residential density or intensity of use by more than 10%.
(b)
Reduction of more than 10% of the area reserved for common open space.
(c)
Increase of the floor area proposed for nonresidential use by more than 10%.
(d)
Increase of the total ground area covered by buildings, other than single-family dwellings, by more than 5%.
(4)
Additional requirement for subdivisions. If land in the area included in a final plan is to be subdivided, then the developer shall prepare a subdivision plat for such area meeting the final plat requirements of § 110-908 and shall submit 10 copies of the subdivision plat to the Planning Commission for approval with the final plan. The subdivider shall record the approved subdivision plat in the Circuit Court Clerk's office within 60 days after approval. If timely recordation does not occur, then the approval shall be deemed null and void, and no subdivision shall occur or building permits be issued for such area.
(5)
Performance bond. Before any final plan is approved, an acceptable performance bond shall be furnished by the developer or subdivider for the purpose of securing all improvements shown in the final plan.
(6)
Final plan approval. The Planning Commission shall review the final plan and shall approve it if it complies with the requirements of this chapter. The developer shall record the final plan and a deed of dedication for common areas, if applicable, in the Circuit Court Clerk's office within 60 days after approval. If timely recordation does not occur, then the approval shall be deemed null and void, and no subdivision shall occur or building permits be issued for the land in the final plan.
H.
Effect of approval of final plan. No lots shall be sold or building permits issued within the project area until a final plan has been approved by the town. The provisions of the final plan shall constitute the lot regulations for the land within the final plan.
I.
Required improvements. All improvements shown on the final plan shall be installed by the developer or subdivider at its cost. For public streets the standards and specifications of the Virginia Department of Transportation shall be followed. For other improvements such as water and sewer systems, where specifications have been established by state departments or local ordinances, such specifications shall be followed. The developer's or subdivider's performance bond shall not be released until construction has been inspected and approved by the appropriate official.
J.
Survey markers. Permanent survey markers, in accordance with current standards of professional practice, shall be provided to permanently identify lot and right-of-way lines. The monuments shall be installed as follows:
(1)
Solid metal rods, a minimum of 5/8 inch in diameter, two feet long, shall be put at all street corners, at all points where the street lines intersect the exterior boundaries of the project area, and at points of a curve in each street. Survey markers shall be set flush with the finished grade.
(2)
All other lot and parcel corners shall be marked with iron pins according to current surveying standards.
K.
Plans and specifications. Four blue- or black-line prints of the plans and specifications of all required physical improvements to be installed shall be prepared by a licensed engineer as certified by the State of Virginia and shall be submitted to the Zoning Administrator for review. The Zoning Administrator shall approve or disapprove of the construction plans within 45 days of submission. If approved, one copy bearing certification of such approval shall be returned to the developer. If disapproved, all papers shall be returned to the developer with the reason for disapproval stated in writing. No physical improvements shall be constructed prior to such approval.
L.
Maintenance of common property. The developer shall create a property owners' association to be responsible for maintaining all common property. The cost of maintaining common property shall be paid by property owner assessments, and such assessments shall constitute a lien upon the individual properties.
M.
Notice to purchasers. The developer or subdivider shall provide a copy of applicable restrictive covenants, including use restrictions and the master plan to prospective property owner(s).
N.
Changes in final development. Construction shall include all improvements shown on the final plan and shall conform in all other respects to the final plan and to the approved plan and specifications for physical improvements, as applicable, except upon application to the Planning Commission under the procedures provided below:
(1)
Minor changes in the location, setting, and character of buildings and structures may be authorized if required by engineering or other circumstances not foreseen at the time the final plan was approved. No changes authorized by this section may increase the cubic volume of any building or structure more than 10%.
(2)
All other changes in use, and rearrangement of lots, blocks, and buildings, tracts, any changes in the provisions of common open spaces, and all other changes in the approved final plan by the developer or any succeeding owner, or agent must be made under the procedure authorized by this chapter. No amendments may be made in the approved final plans unless they are shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in the development policy of the community.
O.
Development schedule and review. The construction and provision of all facilities and improvements on common property, which are shown on the final plan, must proceed at the same rate as the construction of dwelling units. At least once every six months following the approval of the final plan the developer shall provide to the Zoning Administrator a written summary comparing the extent of building permits issued for the planned development with the construction which has taken place on the site. If the Zoning Administrator shall find that the rate at which facilities and improvements on common property have been constructed and provided is not in accordance with the original development schedule, he or she shall forward this information to the Building Official who shall not issue any additional building permits until the scheduled facilities and improvements on common property have been provided.
P.
Failure to begin development. If no substantial construction has begun or no substantial use has been established in the portion of the planned development included in a final plan within one year from the approval of the final plan, the final plan shall lapse and be of no further effect. In its discretion, and for good cause, the Planning Commission may, upon receipt of written application, extend for one additional year the beginning of construction of the improvements as shown on the approved final plan. If the final plan lapses under the provisions of this section, the Zoning Administrator shall file in the Circuit Court Clerk's office a notice of revocation which shall be indexed against the recorded final plan and subdivision plats, if any, and before further development may occur the developer shall file a new final plan in conformance with the provisions of this chapter. The new final plan shall be approved prior to the issuance of building permits or the sale of lots in the area included in the new final plan.
Q.
Effectual clauses.
(2)
Validity. Should any article, section, subsection, or provision of this chapter be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the Ordinance as a whole or any part thereof other than the part so declared to be invalid or unconstitutional.
(3)
Private covenants. This chapter bears no relation to any private easement, covenant, agreement, or restriction, nor is the responsibility of enforcing such private easement, covenant, agreement or restriction implied herein to any public official. When this chapter calls for more restrictive standards than are required by private contract, the provisions of this chapter shall control.
(4)
Penalties. Any developer who violates any provision of this chapter shall be guilty of a misdemeanor, punishable by a fine designated by the Town of Elkton plus an additional fine for each dwelling unit proposed in the master plan.
§ 110-610 Downtown Business District B-1.
A.
Intent of Downtown Business District B-1. Generally, this district covers that portion of the Town intended for the conduct of general business to which the public requires direct and frequent access in the downtown area. This includes such uses as retail stores, banks, theaters, business theaters, business offices, newspaper offices, printing presses, restaurants and taverns, and garages and service stations.
B.
Permitted uses. Within the Downtown Business District B-1 the following uses are permitted:
(1)
Department stores, variety stores, specialty shops, discount shops, and appliance stores.
(2)
Bakeries.
(3)
Laundries, dry cleaning shops, and clothes dyeing establishments.
(4)
Living and/or sleeping quarters shall be a permitted use when constructed above the ground and basement floors. No living and/or sleeping quarters shall be permitted in any detached accessory building or structure on the same lot of any building.
[Amended 12-19-2005]
(5)
Retail stores and shops.
(6)
Theaters, assembly halls, playhouses and dinner theater.
(7)
Hotels.
(8)
Banks and loan and finance offices, including drive-in types.
(9)
Churches and other places of worship, and church school buildings.
(10)
Libraries.
(11)
General hospitals.
(12)
Special care hospitals.
(13)
Funeral home and/or mortuary.
(14)
Automobile service stations and public garages (with major repair under cover).
(15)
Clubs and lodges.
(16)
Automobile sales.
(17)
Lumber and building supply (with storage under cover).
(18)
Plumbing and electrical supply (with storage under cover).
(19)
Carpentry, cabinet making, furniture refinishing, woodworking, electrical, plumbing, heating, welding sheet metal, appliance, bicycle, watch and shoe repair, painting, publishing, lithographing, upholstering, gunsmith or similar shops, provided that any use shall be conducted within a completely enclosed building and provided that no part of a building for such use shall have any opening other than stationary windows or required fire exits within 100 feet of any residential district.
(20)
Public utilities.
(21)
Public service and storage buildings.
(22)
Restaurants, including dairy product stores and soda fountains, and drive-in restaurants.
(23)
Newspaper offices and printing shops.
(24)
Business and professional offices.
(25)
Greenhouses.
(26)
Police, fire, and rescue squad stations.
(27)
Post offices.
(28)
Bus stations and taxi stands.
(29)
Radio and television broadcasting studios.
(30)
Public buildings and properties of a cultural, administrative, or service type.
(31)
Individual residential uses associated with a permitted use, such as the residence of an entrepreneur, but not including subdivisions and multifamily complexes.
(32)
Parking garages and parking lots.
(33)
Schools.
(35)
Off-street parking as required by this chapter.
(38)
Museums.
(39)
Picture frame manufacturing and assembling.
(40)
Single-family detached dwelling, provided that the single-family detached dwelling is existing and otherwise conforms with all other requirements in Chapter 110 as of the date of the adoption of this subsection with lot regulations and accessory uses consistent with R-3 District standards, and there shall be no more than one single-family detached dwelling per lot.
[Added 1-18-2010]
(41)
Short-term rentals, subject to:
[Added 6-26-2023]
C.
Special exceptions. When after review of an application and hearing thereon, in accordance with Article VIII herein, the following uses may be permitted by special exception permit:
(1)
Wholesale and processing not objectionable because of dust, noise, or odors.
(2)
Public billiard parlors and pool rooms, bowling alleys, dance halls, and similar forms of public amusement.
(3)
Commercial radio wave towers.
(4)
Satellite antenna.
(5)
Television and radio transmitting antennas.
(6)
Athletic fields, stadiums, and arenas.
(7)
Beverage manufacturing, bottling or distribution stations and food processing, packaging, or distribution stations.
(8)
Circuses, carnivals, fairs, and sideshows.
(9)
Drive-in theaters, provided that all parts of such drive-in shall be distant at least 200 feet from any residential district and provided that the screen shall be located as not to be visible from adjacent streets or highways and it shall be set back not less than 200 feet from the established right-of-way of said street or highway.
(10)
Livestock market and sales pavilions.
(11)
Overnight recreational vehicle park.
(12)
Shooting range or gallery.
(13)
Wholesale business, storage or warehouse, provided that any such use shall be distant at least 50 feet from any residential district.
(14)
Apartments in structures existing at the time of adoption of this chapter.
(15)
Kennels and animal hospitals, provided that any structure or premises used for such purposes shall be located at least 200 feet from any residential district.
(16)
Swimming pools, skating rinks, golf driving ranges, miniature golf courses, or similar recreational use or facility if located at least 200 feet from any residential lot.
(17)
Auction houses.
[Added 12-18-2000]
(18)
Telecommunications facilities.
[Added 12-18-2000]
(19)
Other uses of the same general character as these listed above and deemed appropriate by the Planning Commission and in accordance with Article VIII.
(20)
Ground floor rear apartment, provided the following requirements are met:
[Added 4-21-2014]
(a)
The primary purpose of the ground floor remains the operation of a business.
(b)
The living area cannot be seen from the area that the business is operated from.
(c)
The living area does not exceed 50.0% of the ground floor.
(d)
Only one such apartment can exist on the ground floor.
(e)
The residential space and the commercial space must be continuous and integrated. No portion of the unit (residential or commercial) may be separately leased or sold.
(21)
Structures that were originally designed to be residential in nature, existed before January 18, 2010, but did not meet the requirements for single-family dwellings at that time, may be permitted to be returned to single-family dwellings, provided that the following requirements are met:
[Added 8-17-2015]
(a)
The structure is proven to be habitable.
(b)
The structure meets R-3 District standards.
(c)
The owner certifies that no more than one family will live in the dwelling.
(d)
Two off-street parking spaces are provided.
(e)
The use of this structure as a residence is not in conflict with existing businesses.
(22)
Short-term rental, provided the property is a permitted use under § 110-610B(39).
[Added 9-17-2018]
D.
Requirements for permitted uses in the Downtown Business District B-1. Final grading and site finishing are required on the parcel where uses are permitted in this district. The execution of this requirement must take into consideration traffic hazards. Landscaping will be restricted to a height of three feet within 50 feet of the intersection of two roads.
E.
Accessory uses. Where a lot is devoted to a permitted principal use, customary accessory uses and structures are authorized. The following rules are applicable:
F.
Lot regulations.
(1)
Main building: N/A.
(a)
For permitted uses utilizing individual sewage disposal systems, the required area for any such use shall be approved by the Health Official. The Zoning Administrator shall require greater area as considered necessary by the Health Official.
(b)
Setback: N/A.
(c)
Frontage at setback: N/A.
(d)
Side yard:
[1]
One side: zero feet.
[2]
Two sides: zero feet.
[3]
Property located in a business district, which adjoins any residential district, or is separated from any residential district only by a public street or way, shall have a ten-foot side yard on the side or sides adjoining or adjacent to the residential district.
(e)
Rear yard: zero feet.
(f)
Maximum height: 35 feet.
[1]
The height limit for dwellings may be increased up to a maximum of 45 feet and up to three stories, provided that each side yard is 20 feet, plus one foot or more of side yard for each additional foot of building height over 35 feet.
[2]
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 35 feet.
[3]
Church spires, belfries, cupolas, municipal water towers, chimneys, flues, flagpoles, television antenna and radio aerials are exempt. Parapet walls may be up to four feet above the height of the building on which the walls rest.
[4]
For buildings over 45 feet in height, approval shall be obtained from the Zoning Administrator. Chimneys, flues, cooling towers, flagpoles, radio or communication towers, or their accessory facilities, not normally occupied by workmen are excluded from this limitation. Parapet walls are permitted up to four feet above the limited height of the building on which the walls rest.
§ 110-611 General Business District B-2.
A.
Intent of General Business District B-2. Generally, this district covers that portion of the Town 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 congregation of people and passenger vehicles. This includes such uses as retail stores, banks, theaters, business offices, newspaper offices, printing presses, restaurants and taverns, and garages and service stations.
B.
Permitted uses. Within the General Business District B-2 the following uses are permitted:
(1)
Department stores, variety stores, specialty shops, discount shops, and appliance stores.
(2)
Bakeries.
(3)
Laundries, dry cleaning shops, and clothes dyeing establishments.
(4)
Living and/or sleeping quarters shall be a permitted use when constructed above the ground and basement floors. No living and/or sleeping quarters shall be permitted in any detached accessory building or structure on the same lot of any building.
[Amended 12-19-2005]
(5)
Retail stores and shops.
(6)
Theaters, assembly halls, playhouses and dinner theaters.
(7)
Hotels.
(8)
Banks and loan and finance offices, including drive-in types.
(9)
Churches and other places of worship, and church school buildings.
(10)
Libraries.
(12)
General hospitals.
(13)
Special care hospitals.
(14)
Funeral home and/or mortuary.
(15)
Automobile service stations and public garages (with major repair under cover).
(16)
Clubs and lodges.
(17)
Automobile sales.
(18)
Lumber and building supply (with storage under cover).
(19)
Plumbing and electrical supply (with storage under cover).
(20)
Carpentry, cabinet making, furniture refinishing, woodworking, electrical, plumbing, heating, welding sheet metal, appliance, bicycle, watch and shoe repair, painting, publishing, lithographing, upholstering, gunsmith or similar shops, provided that any use shall be conducted within a completely enclosed building and provided that no part of a building for such use shall have any opening other than stationary windows or required fire exits within 100 feet of any residential district.
(21)
Public utilities.
(22)
Public service and storage buildings.
(23)
Restaurants including dairy product stores and soda fountains, and drive-in restaurants.
(24)
Newspaper offices and printing shops.
(25)
Business and professional offices.
(26)
Greenhouses.
(27)
Police, fire, and rescue squad stations.
(28)
Post offices.
(29)
Bus stations and taxi stands.
(30)
Radio and television broadcasting studios.
(31)
Public buildings and properties of a cultural, administrative, or service type.
(32)
Individual residential uses associated with a permitted use such as the residence of an entrepreneur, but not including subdivisions and multifamily complexes.
(33)
Parking garages and parking lots.
(34)
Business and vocational schools.
(35)
Off-street parking as required by this chapter.
(37)
Museums.
(38)
Picture frame manufacturing and assembling.
(39)
Single-family detached dwelling, provided that the single-family detached dwelling is existing and otherwise conforms with all other requirements in Chapter 110 as of the date of the adoption of this subsection with lot regulations and accessory uses consistent with R-3 District standards, and there shall be no more than one single-family detached dwelling per lot.
[Added 1-18-2010]
C.
Special exceptions. When after review of an application and hearing thereon, in accordance with Article VIII herein, the following uses may be permitted by special exception permit:
(1)
Wholesale and processing not objectionable because of dust, noise, or odors.
(2)
Public billiard parlors and pool rooms, bowling alleys, dance halls, and similar forms of public amusement.
(3)
Satellite antennas.
(4)
Athletic fields, stadiums, and arenas.
(5)
Beverage manufacturing, bottling or distribution stations and food processing, packaging, or distribution stations.
(6)
Circuses, carnivals, fairs, and sideshows.
(7)
Drive-in theaters, provided that all parts of such drive-in shall be distant at least 200 feet from any residential district and provided that the screen shall be located as not to be visible from adjacent streets or highways, and it shall be set back not less than 200 feet from the established right-of-way of said street or highway.
(8)
Livestock market and sales pavilions.
(9)
Overnight recreational vehicle park.
(10)
Shooting range or gallery.
(11)
Wholesale business, storage or warehouse provided that any such use shall be distant at least 50 feet from any residential district.
(12)
Existing apartments in structures existing at the time of adoption of this chapter.
(13)
Commercial kennels and animal hospitals, provided that any structure or premises used for such purposes shall be located at least 200 feet from any residential district.
(14)
Swimming pools, skating rinks, golf driving ranges, miniature golf courses, or similar recreational use or facility if located at least 200 feet from any residential lot.
(15)
Auction houses.
[Added 12-18-2000]
(16)
Telecommunications facilities.
[Added 12-18-2000]
(17)
Other uses of the same general character as these listed above and deemed appropriate by the Planning Commission and in accordance with Article VIII.
(18)
Adult businesses.
[Added 1-19-2006]
(19)
Structures that were originally designed to be residential in nature, existed before January 18, 2010, but did not meet the requirements for single-family dwellings at that time, may be permitted to be returned to single-family dwellings provided that the following requirements are met:
[Added 8-17-2015]
(a)
The structure is proven to be habitable.
(b)
The structure meets R-3 District standards.
(c)
The owner certifies that no more than one family will live in the dwelling.
(d)
Two off-street parking spaces are provided.
(e)
The use of this structure as a residence is not in conflict with existing businesses.
(20)
Short-term rental, provided the property is a permitted use under § 110-611B(38).
[Added 9-17-2018]
(21)
Motel, motel court, motor hotel, lodge, or inn.
[Added 5-17-2021]
D.
Requirements for permitted uses in the General Business District B-2. Final grading and site finishing are required on the parcel where uses are permitted in this district. The execution of this requirement must take into consideration traffic hazards. Landscaping will be restricted to a height of three feet within 50 feet of the intersection of two roads.
E.
Accessory uses. Where a lot is devoted to a permitted principal use, customary accessory uses and structures are authorized. The following rules are applicable:
F.
Lot regulations.
(1)
Main building: N/A.
(a)
For permitted uses utilizing individual sewage disposal systems, the required area for any such use shall be approved by the Health Official. The Zoning Administrator shall require greater area as considered necessary by the Health Official.
(b)
Setback: 25 feet.
(c)
Frontage at setback: 50 feet.
(d)
Side yard, one or two sides: zero feet, except where property located in a business district adjoins or is separated from any residential district only by a public street or way. In such instances, there shall be a ten-foot clear and maintained setback on the side or sides adjoining such residential district.
[Amended 12-20-2004]
(e)
Rear yard: zero feet, except where property located in a business district adjoins or is separated from any residential district only by a public street or way. In such instances, there shall be a ten-foot clear and maintained setback on the side or sides adjoining such residential district.
[Amended 12-20-2004]
(f)
Maximum height: 35 feet.
[1]
The height limit for dwellings may be increased up to a maximum of 45 feet and up to three stories, provided that each side yard is 20 feet, plus one foot or more of side yard for each additional foot of building height over 35 feet.
[2]
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 35 feet.
[3]
Church spires, belfries, cupolas, municipal water towers, chimneys, flues, flagpoles, television antenna and radio aerials are exempt. Parapet walls may be up to four feet above the height of the building on which the walls rest.
[4]
For buildings over 45 feet in height, approval shall be obtained from the Zoning Administrator. Chimneys, flues, cooling towers, flagpoles, radio or communication towers, or their accessory facilities, not normally occupied by workmen are excluded from this limitation. Parapet walls are permitted up to four feet above the limited height of the building on which the walls rest.
(2)
Accessory buildings and uses: zero feet from main building.
(a)
Side yard and rear yard: zero feet, except where property located in a business district adjoins or is separated from any residential district only by a public street or way. In such instances, there shall be a ten-foot clear and maintained setback on the side or sides adjoining such residential district.
[Amended 12-20-2004]
(b)
Height: 35 feet. Accessory buildings over one story in height shall be at least 10 feet from any lot line. All accessory buildings shall not exceed the main building in height.
§ 110-612 Planned Business District B-3.
A.
Intent of Planned Business District B-3. The B-3 Planned Business Zone is intended to permit the development of neighborhood business areas, under one ownership or control in those areas of the Town where there are areas of sufficient size in heavily populated sections and where sanitary sewers, street access, and public water supply are adequately provided. Within this district the location of buildings, design of buildings, parking areas, and other open spaces shall be controlled in such a manner that it will not be a detriment to the adjoining residential property or to the neighborhood in general.
B.
Permitted uses. Within the Planned Business Zone, no building, structure, or premises shall be used and no building or structure shall be erected or altered until and unless the same has been approved by the Planning Commission and by Town Council in accordance with the provisions contained in Article VIII, § 110-802, and until and unless the following conditions have been complied with:
(1)
A plot plan indicating the location of present and proposed buildings, driveways, parking lots, signs, landscaping, and other necessary uses.
(2)
Preliminary plans for the proposed building or buildings.
(3)
A description of the business operations proposed in sufficient detail to indicate the effects of those operations in producing safety hazards, problems of noise, fire, or other factors that may be detrimental to the health and welfare of the area.
(5)
Any other information the Planning Commission or Town Council needs to adequately consider the effect that the proposed uses may have upon the area, and/or the cost of providing municipal services to the area.
C.
Area regulations. In this district the area regulations, maximum lot coverage, height regulations, and off-street parking shall comply with the requirements of the B-2 District, with the additional requirements as listed below. The Town Council may modify these requirements after review of the proposed development plan:
[Amended 12-18-2000]
(1)
There shall be a forty-foot setback from the front property line to the improvements and a twenty-five-foot setback from all adjoining property to the improvements. This twenty-five-foot setback shall act as a buffer. At least 10 feet of its width shall be landscaped and maintained with grass, trees, or shrubs. The remaining fifteen-foot width can also be maintained as above or can be utilized as part of the parking area, or simply left as open space, but no building or signs, or other structural improvements shall be erected upon it. The buffer zone shall not constitute a site-distance obstruction at street intersections. The buffer zone, upon completion of the development of the project, shall be at or near the same grade or plane which existed prior to the development of the project, unless otherwise expressly reviewed and approved by the Planning Commission and the Town Council. The restrictions pertaining to the buffer zone shall not apply to that portion of the lot fronting on a public street or highway.
§ 110-613 Light Industrial M-1.
A.
Intent of Light Industrial/Business District M-1. The intent of the M-1 Industrial/Business District is to accommodate industrial and business uses that provide desirable employment consistent with the goal of maintaining environmental quality. The M-1 District is to permit the manufacturing, compounding, processing, packaging, assembly, sales and/or treatment of finished or semifinished products from previously prepared material and to permit commercial businesses and professional offices.
B.
Permitted uses. Within the Light Industrial/Business District the following uses are permitted:
(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)
Blacksmith shop, welding or machine shop.
(4)
Laboratories-pharmaceutical and/or medical.
(5)
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.
(6)
Manufacture, compounding, assembling or treatment of articles of merchandise from the following previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, precious or semiprecious metals or stones, shell, straw, textiles, tobacco, wood, yarn, and paint.
(7)
Manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay and kilns fired only by electricity or gas.
(8)
Manufacture of musical instruments, toys, novelties, and rubber and metal stamps.
(9)
Cabinets, furniture and upholstery shops.
(10)
Boat building.
(11)
Monumental stone works.
(12)
Public service or storage buildings.
(13)
Public utilities.
(14)
Public water and sewage systems.
(15)
Animal hospital, kennels.
(16)
Business and professional offices.
(17)
Retail stores and shops.
(18)
Department stores, variety stores, specialty shops, discount shops, and appliance stores.
(19)
Bakeries.
(20)
Laundries, dry-cleaning shops, and clothes dyeing establishments.
(21)
Living and/or sleeping quarters shall be a permitted use when constructed above the ground and basement floors. No living and/or sleeping quarters shall be permitted in any detached accessory building or structure on the same lot of any building.
[Amended 12-19-2005]
(22)
Theaters, assembly halls, playhouses and dinner theaters.
(23)
Hotels.
(24)
Banks and loan and finance offices, including drive-in types.
(25)
Churches and other places of worship, and church school buildings.
(26)
Libraries.
(27)
General hospitals.
(28)
Special care hospitals.
(29)
Funeral home and/or mortuary.
(30)
Automobile service stations and public garages (with major repair under cover).
(31)
Clubs and lodges.
(32)
Automobile sales.
(33)
Lumber and building supply (with storage under cover);
(34)
Plumbing and electrical supply (with storage under cover).
(35)
Carpentry, cabinet making, furniture refinishing, woodworking, electrical, plumbing, heating, welding, sheet metal, appliance, bicycle, watch and shoe repair, painting, publishing lithographing, upholstering, gunsmith or similar shops, provided that any use shall be conducted within a completely enclosed building and provided that no part of a building for such use shall have any opening other than stationery windows or required fire exits within 100 feet of any residential district.
(36)
Restaurants, including dairy product stores and soda fountains, and drive-in restaurants.
(37)
Newspaper offices and printing shops.
(38)
Greenhouses.
(39)
Police, fire, and rescue squad stations.
(40)
Post offices.
(41)
Bus stations and taxi stands.
(42)
Radio and television broadcasting studios.
(43)
Public buildings and properties of a cultural, administrative, or service type.
(44)
Individual residential uses associated with a permitted use, such as the residence of an entrepreneur, but not including subdivisions and multifamily complexes.
(45)
Parking garages and parking lots.
(46)
Business and vocational schools.
(49)
Museums.
(50)
Picture frame manufacturing and assembling.
(51)
Single-family detached dwelling, provided that the single-family detached dwelling is existing and otherwise conforms with all other requirements in Chapter 110 as of the date of the adoption of this subsection with lot regulations and accessory uses consistent with R-3 District standards, and there shall be no more than one single-family detached dwelling per lot.
[Added 1-18-2010]
C.
Area regulations. In this district the area regulations, maximum lot coverage, height regulations, and off-street parking shall comply with the requirements of the B-2 District. The Town Council may modify these requirements after review of the proposed development plan.
[Amended 12-18-2000]
D.
Special exceptions. When after review of an application and hearing thereon, in accordance with Article VIII herein, the following uses may be permitted by special exception permit:
(1)
Building material sales yards, plumbing supplies storage.
(2)
Coal and wood yards, lumber yards, feed and seed stores.
(3)
Contractor's equipment storage yards or plants, or rental of equipment commonly used by contractors.
(4)
Mining operations.
(5)
Wholesale businesses, storage warehouses.
(6)
Auction houses.
[Added 12-18-2000]
(7)
Satellite antennas.
[Added 12-18-2000]
(8)
Telecommunications facilities.
[Added 12-18-2000]
(9)
Other uses of the same general character as these listed above and deemed appropriate by the Planning Commission and in accordance with Article VIII.
(10)
Adult businesses.
[Added 1-19-2006]
E.
Accessory uses. Where a lot is devoted to a permitted principal use, customary accessory uses and structures are authorized. The following rules are applicable:
F.
Requirements for use.
(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 Zoning Administrator may refer these plans to the Planning Commission for recommendation. Modifications of the plans may be required.
(2)
Landscaping may be required within any established or required front setback area. The plans and execution must take into consideration traffic hazards. Landscaping may be permitted up to a height of three feet, and to within 50 feet from the corner of any intersecting streets.
(4)
Automobile graveyards and junkyards in existence at the time of the adoption of this chapter are to be considered as nonconforming uses. Such use shall be completely screened on all sides open to view from a public road within three years after the adoption of this chapter or, with respect to such uses on land annexed to the Town after the adoption of this chapter, within three years after such annexation.
(5)
The Zoning 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 thirty-day period. Failure on the part of the Zoning Administrator to act on the application within the established time limit shall be deemed to constitute approval of the application.
§ 110-614 General Industrial District I-1.
A.
Intent of General Industrial District I-1. The primary purpose of this district is to establish an area where the primary use of land is for industrial operations, which may create some nuisance, and which are not properly associated with, nor particularly compatible with residential, institutional, and commercial service establishments. The specific intent of this district is to:
(1)
Encourage the construction of and continued use of land for industrial purposes.
(2)
Prohibit new residential and new commercial use of the land and to prohibit any other use which would substantially interfere with the development, continuation, or expansion of industrial type uses in the district.
(3)
Encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this chapter.
(4)
To encourage industrial parks.
B.
Permitted uses. Within the General Industrial District I-1 the following uses are permitted:
(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)
Blacksmith shop, welding or machine shop.
(4)
Laboratories-pharmaceutical and/or medical.
(5)
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.
(6)
Manufacture, compounding, assembling or treatment of articles of merchandise from the following previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastic, precious or semiprecious metals or stones, shell, straw, textiles, tobacco, wood, yarn, and paint.
(7)
Manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay, and kilns fired only by electricity or gas.
(8)
Manufacture of musical instruments, toys, novelties, and rubber and metal stamps.
(9)
Building material sales yards, plumbing supplies storage.
(10)
Coal and wood yards, lumber yards, feed and seed stores.
(11)
Contractors' equipment storage yards or plants, or rental of equipment commonly used by contractors.
(12)
Cabinets, furniture and upholstery shops.
(13)
Boat building.
(14)
Monumental stone works.
(15)
Wholesale businesses, storage warehouses.
(16)
Sawmills and planning mills.
(17)
Brick manufacture.
(18)
Off-street parking as required by this chapter.
(19)
Public service or storage buildings.
(20)
Public utilities.
(21)
Public water and sewage systems.
(24)
Radio transmission tower not exceeding 225 feet in height which shall not be lighted and shall conform in design and coloring to the environment and pursuant to plans and specifications approved by the Zoning Administrator and Building Inspector.
C.
Special exceptions. When, after review of an application and hearing thereon, in accordance with Article VIII herein, the following uses may be permitted by special exception permit:
D.
Requirements for permitted uses in the General Industrial District I-1.
(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 transfer of or may refer these plans to the Planning Commission for recommendation. Modifications of the plans may be required.
(2)
Final grading and site finishing are required on parcels where uses are permitted in this district. The execution of this requirement must take into consideration traffic hazards. Landscaping will be restricted to a height of three feet within 50 feet of the intersection of two roads.
(3)
The Zoning 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 thirty-day period. Failure on the part of the Zoning Administrator to act on the application with the established time limit shall be deemed to constitute approval of the application.
E.
Area regulations. In this district the area regulations, maximum lot coverage, height regulations, and off-street parking shall comply with the requirements of the B-2 District. The Town Council may modify these requirements after review of the proposed development plan.
[Amended 12-18-2000]
§ 110-615 Flood Hazard District FH-1.
[Amended 12-18-2000; 1-21-2008; 6-15-2015; 2-18-2025]
A.
Authority and purpose.
(1)
This section is adopted pursuant to the authority granted to localities by the Code of Virginia § 15.2-2280.
(2)
The purpose of these provisions is to prevent the loss of life and property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:
(a)
Regulating uses, activities, and development which, acting alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies.
(b)
Restricting or prohibiting certain uses, activities, and development from locating within areas subject to flooding.
(c)
Requiring all those uses, activities, and developments that do occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage.
(d)
Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.
B.
Applicability. These provisions shall apply to all lands within the jurisdiction of the Town of Elkton and identified as being flood-prone as stipulated in this section.
C.
Compliance.
(1)
No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this section and any other applicable ordinances and regulations which apply to uses within the jurisdictions of this section.
(2)
The degree of flood protection sought by the provisions of this section is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This section does not imply that districts outside the floodplain district or that land uses permitted within such district will be free from flooding or flood damages.
(3)
Records of actions associated with administering this section shall be kept on file and maintained by the Zoning Administrator.
(4)
This section shall not create liability on the part of the Town of Elkton or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made hereunder.
D.
Abrogation and greater restrictions. This section shall supersede the provisions of any other ordinance or regulation with regard to development in flood-prone areas. However, the provisions of any underlying ordinance shall remain in full force and effect to the extent that those provisions are more restrictive.
E. 100-YEAR FLOOD BASE FLOOD BASE FLOOD ELEVATION BASEMENT DEVELOPMENT ELEVATED BUILDING ENCROACHMENT FLOOD or FLOODING(1) (2) FLOODPLAIN or FLOOD-PRONE AREA FLOODWAY FREEBOARD HISTORIC STRUCTURE(1) (2) (3) LOWEST FLOOR MANUFACTURED HOME MANUFACTURED HOME PARK/SUBDIVISION, EXISTING NEW CONSTRUCTION RECREATIONAL VEHICLE SHALLOW FLOODING AREA SPECIAL FLOOD HAZARD AREA START OF CONSTRUCTION SUBSTANTIAL DAMAGE SUBSTANTIAL IMPROVEMENT(1) (2) WATERCOURSE
Definitions. The following definitions shall apply in the interpretation and enforcement of this section:
A flood that, on the average, is likely to occur once every 100 years (i.e., that has a 1% chance of occurring each year, although the flood may occur in any year).
A flood having a 1% chance of being equaled or exceeded in any given year.
The Federal-Emergency-Management-Agency-designated 100-year water surface elevation.
Any area of the building having its floor subgrade (below ground level) on all sides.
Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, the placement of manufactured homes, street and other paving, utilities, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
A no-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, or columns (posts and piers).
The advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.
A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters or the unusual and rapid accumulation or runoff of surface waters from any source; or
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection (1) of this definition.
Any land area susceptible to being inundated by water from any source.
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as bridge openings and the hydrological effect of urbanization in the watershed.
Any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirement for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or
Individually listed on the Virginia State Inventory of Historic Places.
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of Federal Code 44 CFR § 60.3.
A structure, transportable in one or more sections, which is eight feet or more in width and 40 feet or more in length, or when erected is 320 or more square feet in area, and which is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. For the purposes of this section, the term includes park trailers, travel trailers, and recreational and other similar vehicles which are placed on site for more than 180 consecutive days.
A parcel or contiguous parcels of land divided into two or more lots for rent or sale for which the construction of facilities for servicing the lot on which the manufactured home is to be affixed, including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets, is completed before the effective date of the ordinance codified in this section.
For the purposes of determining insurance rates, structures for which the start of construction commenced on or after June 15, 1978, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structure for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structure.
A vehicle which is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light-duty truck, and which is designed not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use.
A special flood hazard area with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
The land in the floodplain subject to a 1% or greater chance of being flooded in any given year.
The date the building permit was issued, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of the construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage regardless of the actual repair work performed. The term does not, however, include either:
Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
A lake, river, creek, stream, wash, channel, or other topographic feature on or over which waters flow at least periodically. "Watercourse" includes specifically designated areas in which substantial flood damage may occur.
F.
Basis for establishment and description of floodplain districts.
(1)
The various floodplain districts shall include areas subject to inundation by waters of the 100-year flood. The basis for the delineation of these districts shall be the Flood Insurance Study and Flood Insurance Rate Map for the Town of Elkton, prepared by the Federal Emergency Management Agency (FEMA), Federal Insurance Administration, dated February 6, 2008, and any other subsequent revisions or amendments thereto.
(a)
The Floodway District is delineated for purposes of this section using the criteria that a certain area within the floodplain must be capable of carrying the waters of the 100-year flood without increasing the water surface elevation of that flood more than one foot at any point. The areas included in this District are specifically defined in Table 2 of the above-referenced Flood Insurance Study and shown on the accompanying Flood Insurance Rate Map (FIRM).
(b)
The Flood-Fringe District shall be that area of the 100-year floodplain not included in the Floodway District. The basis for the outermost boundary of this district shall be the 100-year flood elevations contained in the flood profile of the above-referenced Flood Insurance Study and as shown on the accompanying Flood Insurance Rate Map (FIRM).
(c)
The Approximated Floodplain District shall be that floodplain area for which no detailed flood profiles or elevations are provided but where a 100-year floodplain has been approximated. Such areas are shown on the Flood Insurance Rate Map. For these areas, the 100-year flood elevations and floodway information from federal, state and other acceptable sources shall be used when available. Where the specific 100-year flood elevation cannot be determined for this area using other sources of data, such as the United States Army Corps of Engineers, Floodplain Information Reports, United States Geological Survey flood-prone quadrangles, etc., then the applicant for the proposed use, development, and/or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify or present evidence that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the Town of Elkton. The hydrologic and hydraulic analysis shall be provided to the Town by the applicant at the applicant's cost.
(d)
The Special Floodplain District shall be that floodplain area where 100-year flood profiles or elevations have been provided in the Flood Insurance Study but where a floodway has not been delineated on the FIRM. These areas are shown on the Flood Insurance Rate Map as an AE or A Zone.
(2)
All building permit applications issued for any of the various floodplain districts, as defined in this section, shall incorporate the following information:
(a)
For structures that have been elevated, the elevation of the lowest floor (including basement).
(b)
For structures that have been floodproofed (nonresidential only), the elevation to which the structure has been floodproofed.
(c)
The elevation of the 100-year flood and topographic information showing existing and proposed ground elevations.
(d)
The zoning approval for the use.
G.
Overlay concept.
(1)
The floodplain districts described above shall be overlays to the existing underlying zoning districts as shown on the Official Zoning Map, and, as such, the provisions for the floodplain districts shall serve as supplemental provisions to the underlying district provisions.
(2)
Where there happens to be any conflict between the provisions or requirements of any of the floodplain districts and those of any underlying zoning district, the more restrictive provisions and/or those pertaining to the floodplain districts shall apply.
(3)
In the event any provisions concerning a floodplain district are declared inapplicable as a result of any legislative or administrative actions or judicial decision, the basic underlying district provisions shall remain applicable.
H.
Official map. The boundaries of the floodplain districts are established as shown on the Flood Boundary and Floodway Map and Flood Insurance Rate Map which is declared to be a part of this section and which shall be kept on file at the Town offices.
I.
District boundary changes. The delineation of any of the floodplain districts may be revised by the Town Council of the Town of Elkton where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the United States Army Corps of Engineers or other qualified agency or an individual documents the need or possibility for such change. However, prior to such change, approval must be obtained from the Federal Insurance Administration.
J.
Interpretation of district boundaries. Initial interpretations of the boundaries of the floodplain districts shall be made by the Zoning Administrator. Should a dispute arise concerning the boundaries of any of the districts, the Town Council of the Town of Elkton shall make the necessary determination. The persons questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present the case to the Town Council and to submit his or her own technical evidence if he or she so desires.
K.
A community's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practical, but not later than six months after the date such information becomes available, a community shall notify the Federal Emergency Management Agency of the changes by submitting technical or scientific data. The community may submit data via a Letter of Map Revision (LOMR). Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.
L.
District provisions.
(1)
All uses, activities, and development occurring within a floodplain district shall be undertaken only upon the issuance of a zoning permit. Such development shall be undertaken only in strict compliance with the provisions of this section and with all other applicable codes and ordinances, such as the Virginia Uniform Statewide Building Code and Article IX, Subdivision Regulations, of this chapter. Prior to the issuance of any such permit, the Zoning Administrator shall require all applications to include compliance with all applicable state and federal laws and shall review all sites to assure they are reasonably safe from flooding.
(2)
Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or floodway or any watercourse, drainage ditch, or any other drainage facility or system throughout the Town of Elkton or other adjacent developed areas.
(3)
Prior to any proposed alteration or relocation of any channels or floodways of any watercourse, stream, etc., within this jurisdiction, a permit from the United States Corps of Engineers and the Virginia Marine Resources Commission and certification from the Virginia State Water Control Board is necessary. Further notification of the proposal shall be given to all affected adjacent jurisdictions, the Division of Dam Safety and Floodplain Management (Department of Conservation and Resources), and the Federal Insurance Administration. (Note: A joint permit application is available from any one of these organizations.)
(4)
Within the special floodplain area no new construction or development shall be allowed unless it is demonstrated that the cumulative effect of the proposed development, when combined with other existing and anticipated development, will not increase the elevation of the 100-year flood more than one foot at any point.
(5)
Standards for manufactured homes and recreational vehicles.
(a)
Manufactured homes shall be allowed only in manufactured home parks. All manufactured homes placed or substantially improved in existing or new manufactured home parks or subdivisions or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage must meet all the requirements for new construction, including elevation and anchoring requirements.
(b)
All manufactured homes placed or substantially improved in an existing or new manufactured home park or subdivision must be elevated so that:
[1]
The lowest floor of the manufactured home is elevated no lower than two feet above the base flood elevation; or
[2]
The manufactured home chassis is supported by reinforced piers, or other foundation elements of at least an equivalent strength, of no less than 36 inches in height above the grade. (This subsection applies only to a new manufactured home that will be placed in an existing manufactured home park or subdivision in which no homes have suffered substantial damage from flooding.)
[3]
The manufactured home must be securely anchored to the adequately anchored foundation system to resist flotation, collapse and lateral movement.
(c)
All recreational vehicles placed on sites must:
[1]
Be on the site for fewer than 90 consecutive days;
[2]
Be fully licensed and ready for highway use. (A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices and has no permanently attached additions.)
M.
Floodway District.
(1)
In the Floodway District, encroachments, including fill, new construction, substantial improvements or other development, shall be prohibited unless certification (with supporting technical data) by a registered professional engineer is provided by the applicant, demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge throughout the Town of Elkton or adjacent developed areas.
(2)
The placement of manufactured homes, except in an existing manufactured home park or subdivision, within the Floodway District is specifically prohibited. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision, provided that the requirements set out in § 110-615L(5) are met.
(3)
Permitted uses:
(a)
Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild-crop harvesting.
(b)
Public and private recreational uses and activities, such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking, and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet game ranges, and hunting and fishing areas.
(c)
Accessory residential uses, such as yard areas, gardens, play areas, and pervious loading areas.
(d)
Accessory industrial and commercial uses, such as yard areas, pervious parking and loading areas, airport landing strips, etc.
(4)
Uses permitted by special exception. The following uses and activities may be permitted by special exception, provided that they are in compliance with the provisions of the underlying district and are not prohibited by this section or any other ordinance:
(a)
Structures, except for mobile homes, accessory to the uses and activities in § 110-615M(3).
(b)
Utilities and public facilities and improvements, such as railroads, streets, bridges, transmission lines, pipelines, water and sewage treatment plants, and other similar or related uses.
(c)
Water-related uses and activities, such as marinas, docks, wharves, piers, etc.
(d)
Extraction of sand, gravel, and other materials (where no increase in the level of flooding or velocity is caused thereby).
(e)
Temporary uses, such as circuses, carnivals, and similar activities.
(f)
Storage of materials and equipment, provided that they are not buoyant, flammable or explosive and are not subject to major damage by flooding, or provided that such material and equipment is firmly anchored to prevent flotation or movement, and/or can be readily removed from the area within the time available after flood warning.
(g)
Telecommunications facilities.
(h)
Other similar uses and activities, provided that they cause no increase in flood heights and/or velocities. All uses, activities, and structural development shall be undertaken in strict compliance with the floodproofing provisions contained in all other applicable codes and ordinances.
N.
Flood-Fringe and Approximated Floodplain Districts and Special Floodplain Districts.
(1)
In the Flood-Fringe and Approximated Floodplain and Special Floodplain Districts, the development and/or use of land shall be permitted in accordance with the regulations of the underlying districts, provided that all such uses, activities, and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in the Virginia Uniform Statewide Building Code and all other applicable codes and ordinances. Before any such development or use, the lowest floor of any structure must be no less than two feet above the base flood elevation or floodproofed to no less than two feet above the base flood elevation. The placement of any manufactured home, except in an existing manufactured home park or subdivision, within the floodplain district is specifically prohibited.
(2)
Within the Approximated Floodplain District, all new subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than 50 lots or five acres, whichever is less, shall include within such proposals base elevation data. The applicant shall also delineate a floodway area based on the requirement that all existing and future development not increase the 100-year flood elevation more than one foot at any one point. The engineering principle "equal reduction of conveyance" shall be listed to make the determination of increased flood heights.
O.
Special exceptions and variances.
(1)
Additional factors to be satisfied. In passing upon applications for special exceptions and variances, the Planning Commission or Board of Zoning Appeals shall satisfy all relevant factors and procedures in other sections of this chapter and the following factors:
(a)
The danger to life and property due to increased flood heights or velocities caused by encroachments. No special exception or variance shall be granted for any proposed use, development, or activity within the Floodway District that will cause any increase in flood levels during the 100-year flood.
(b)
The danger that materials may be swept onto other lands or downstream to the injury of others.
(c)
The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.
(d)
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.
(e)
The importance of the services provided by the proposed facility to the community.
(f)
The requirements of the facility for a waterfront location.
(g)
The availability of alternative locations not subject to flooding for the proposed use.
(h)
The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
(i)
The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area.
(j)
The safety of access to the property in times of flood for ordinary and emergency vehicles.
(k)
The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.
(l)
The repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and that the variance is the minimum necessary to preserve the historic character and design of the structure.
(m)
Such other factors which are relevant to the purposes of this section.
(n)
No special exceptions or variance shall be granted for any development within the Special Floodplain District that, together with all other existing and anticipated development, would increase the 100-year-flood elevation more than one foot at any point.
(2)
The Planning Commission or Board of Zoning Appeals may refer any application and accompanying documentation pertaining to any request for a special exception or variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for protection and other related matters.
(3)
Special exceptions and/or variances shall only be issued after the Planning Commission or Board of Zoning Appeals has determined that the granting of such will not result in:
(4)
Special exceptions or variances shall be issued only after the Planning Commission or Board of Zoning Appeals has determined that the special exception or variance will be the minimum required to provide relief from an exceptional hardship to the applicant.
(5)
The Planning Commission or Board of Zoning Appeals shall notify the applicant for a special exception and/or variance, in writing, that the issuance of a special exception and/or variance to construct a structure below the 100-year-flood elevation:
(6)
A record of the above notification, as well as all variance actions, including justification for their issuance, shall be maintained, and any variances which are issued shall be noted in the annual report submitted to the Federal Insurance Administrator.
P.
Existing structures in floodplain districts. A structure or use of a structure or premises which lawfully existed before the enactment of these provisions but which is not in conformity with these provisions may be continued, subject to the following conditions:
(1)
Existing structures and/or uses located in the Floodway District shall not be expanded or enlarged (unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements).
(2)
Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in any floodplain district to an extent or amount of less than 50% of its market value shall be constructed according to the Virginia Uniform Statewide Building Code and this section and elevated and/or floodproofed to the greatest extent possible.
(3)
The modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use, regardless of its location in a floodplain district, to an extent or amount of 50% or more of its market value shall be considered substantial improvement and shall be undertaken only in full compliance with the provisions of the Virginia Uniform Statewide Building Code and this section.
(4)
Uses or adjuncts thereof which are or become nuisances shall not be permitted to continue.
(5)
No expansion or enlargement of an existing structure or use shall be allowed in the Special Floodplain District that, together with all other existing and anticipated development, would increase the 100-year flood elevation more than one foot at any point throughout the Town of Elkton or adjacent developed areas.
(6)
The substantial damage or improvement of any structure shall require the entire structure to be brought into full compliance with the provisions of this chapter and the Virginia Uniform Statewide Building Code.
Q.
Flood hazard mitigation. Within the Floodway, Flood Fringe District, the Approximated Floodplain District and/or the Special Floodplain District, as delineated, the following additional provisions shall be met:
(1)
All electric water heaters, electric furnaces and other critical electrical installations shall be permitted only at no lower than two feet above the 100-year floodplain.
(2)
Water supply systems, sanitary sewage systems, and gas and oil supply systems shall be designed to preclude infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
(3)
Adequate drainage shall be provided to minimize exposure to flood heights.
(4)
The preliminary plat requirements shall include a map showing the location of the proposed subdivision and/or land development with respect to any designated Floodplain District, including information on, but not limited to, the 100-year flood elevations, boundaries of the floodplain districts, proposed lots and sites, fills, flood or erosion protective facilities, and areas subject to special deed restrictions.
R.
Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this section shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this section which shall remain in full force and effect, and for this purpose the provisions of this section are hereby declared to be severable.
S.
Municipal liability.
(1)
The degree of flood protection sought by the provisions of this section is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This section does not imply that areas outside the floodplain districts or that land uses permitted within such districts will be free from flooding or flood damages.
(2)
This section shall not create liability on the part of the Town of Elkton or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
§ 110-616 Agricultural and Limited Uses District A-1.
A.
Statement of intent. This district is established for the specific purpose of facilitating existing or future forest or agricultural operations, conservation of water and other natural resources, reducing soil erosion, protecting watersheds, and reducing hazards from flood and fire.
B.
Permitted uses. In the Agricultural and Limited Uses District A-1, structures to be erected, or land to be used, shall be for one or more of the following uses:
(1)
Single-family dwellings.
(2)
Agriculture.
(3)
Dairying and forestry.
(4)
Parks and playgrounds.
(5)
Campgrounds.
(6)
Churches or houses of worship and related parish cemeteries.
(7)
Nurseries, greenhouses.
(9)
Home occupations.
(10)
Off-street parking.
(11)
Private lodge.
(12)
Public buildings and utilities.
[Added 11-19-1990]
(13)
Manufactured homes that are 19 or more feet in width, on a permanent foundation and on an individual lot.
[Added 11-19-1990]
C.
Special exceptions. In the Agricultural and Limited Uses District A-1, special exception permits may be granted for one or more of the following uses:
(2)
Sawmills.
(3)
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, and water and sewerage installations.
(4)
Television and radio stations, and transmitting antennas.
(5)
General or convenience stores.
(6)
Veterinary hospitals, provided that no enclosure containing animals or odor or dust producing substance shall be located closer than 200 feet from a property line and that for hospitals treating other than customary pet animals, the operation shall be conducted on a tract of land not less than five acres in area.
(7)
Telecommunications facilities.
[Added 12-18-2000]
D.
Accessory uses. Where a lot is devoted to a permitted principle use, customary accessory uses and structures are authorized, including, but not limited to, the following:
[Added 4-17-2017]
(1)
Living quarters of persons principally employed on the premises.
(2)
Travel trailers, which may be stored within the minimum yard requirements and shall be prohibited from occupancy.
(3)
Temporary buildings or office trailers for uses incidental to construction work; such buildings shall be removed upon completion or abandonment of the construction work.
(6)
Private parking garage.
(7)
Shelter for house pets.
(8)
Private swimming pool.
(9)
Satellite antenna.
E.
Lot regulations.
[Added 4-17-2017]
(1)
Main building:
(b)
Setback: 30 feet.
(c)
Frontage at setback: 175 feet.
(e)
Rear yard: 35 feet.
(f)
Maximum height: 35 feet.
[1]
The height limit for dwellings may be increased up to a maximum of 45 feet and up to three stories, provided that each side yard is 20 feet, plus one foot or more of side yard for each additional foot of building height over 35 feet.
[2]
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 the 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, chimneys, flues, flagpoles, television antenna and radio aerials are exempt. Parapet walls may be up to four feet above the height of the building on which the walls rest.
[4]
For buildings over 45 feet in height, approval shall be obtained from the Zoning Administrator. Chimneys, flues, cooling towers, flagpoles, radio or communication towers, or their accessory facilities, not normally occupied by workers are excluded from this limitation. Parapet walls are permitted up to four feet above the limited height of the building on which the walls rest.
(2)
Accessory buildings and uses: 10 feet from main building.
(a)
Side yard: five feet.
[1]
Add 15 feet for corner lots.
[2]
Minimum side yard requirement of this chapter, for yards facing streets, shall not apply to any lot where the average side yard on developed lots within the same block and zoning district and fronting on the same street is less than the minimum. In such cases, the side yard on such lot may be less than the required side yard, but not less than the average of the existing side yards on the existing developed lots.
(b)
Rear yard: five feet.
(c)
Height: 35 feet. Accessory buildings over one story in height shall be at least 10 feet from any lot line. All accessory buildings shall not exceed the main building in height.