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Harrisonburg City Zoning Code

ARTICLE P

- B-1 CENTRAL BUSINESS DISTRICT

Sec. 10-3-82.- General.

The regulations set forth in this article or set forth elsewhere in this chapter when referred to in this article are the "B-1" central business district regulations.

(Ord. of 4-23-96)

Sec. 10-3-83. - Purpose of district.

This district is the urban and regional center for the conduct of commercial, financial, professional and governmental activities to which the public requires direct and frequent access. These regulations are intended to protect and improve activities, and to prevent uses not requiring a central location which would create friction in the efficient performance of the primary activities of an urban and regional center. In addition, both transient and nontransient housing facilities are permitted within limits that will assure a supporting role to the primary functions of the district.

(Ord. of 4-23-96)

Sec. 10-3-84. - Uses permitted by right.

[The following uses are permitted by right:]

(1)

Retail stores, convenience shops, personal service establishments, restaurants, food and drug stores, and tobacco, smoke, or vape shops. Tobacco, smoke, or vape shops shall further comply with the location requirements as specified in section 10-3-87(c).

(2)

Governmental, business and professional offices and financial institutions.

(3)

Hotels, motels and buildings used for dwelling unit(s), CBD, as defined under section 10-3-24. Dwelling unit(s), CBD, may be occupied by a family or not more than four (4) persons, except that such occupancy may be superseded by building regulations.

(4)

Theaters, community rooms, museums and galleries and other places of assembly for the purpose of entertainment or education. In addition, customary recreational and leisure-time activities which are compatible with surrounding uses are permitted.

(5)

Religious, educational, charitable and benevolent institutional uses.

(6)

General service or repair shops, when not employing more than fifteen (15) persons on the premises in a single shift (not including persons whose principal duties are off the premises) and providing that all storage and activities are conducted within a building. Examples: Cleaning and laundry establishments, printing and tailoring shops, appliance repairs, upholstery and furniture repairs.

(7)

Accessory buildings and uses customarily incidental to any permitted uses.

(8)

Small cell facilities, concealed wireless telecommunications facilities, industrial microcells, distributed antenna systems, and macrocells. Telecommunications towers are permitted only by special use permit. Wireless telecommunications facilities are further regulated by Article CC.

(9)

Public libraries.

(10)

Public uses.

(11)

Research and development activities which do not cause any more smoke, dust, odor, noise, vibration or danger of explosion other than uses permitted in this district and which involve no more than 15 percent of the gross floor area in the assembling or processing of products. Any assembling or processing shall only involve products developed on the premises. All services and storage shall be conducted within the principal structure which is to be completely enclosed.

(12)

Home occupations.

(13)

Radio and television stations and studios or recording studios. All antennas and satellites and associated equipment shall be screened.

(14)

Homestays, as further regulated by Article DD.

(15)

Pet adoptions, limited only to cats.

(Ord. of 4-23-96; Ord. of 2-22-02; Ord. of 3-26-02; Ord. of 1-11-05; Ord. of 6-22-10(2); Ord. of 4-24-12(9); Ord. of 10-9-12(2); Ord. of 3-26-13(2); Ord. of 1-14-14(12); Ord. of 1-13-15; Ord. of 7-28-15(21); Ord. of 5-22-18(11); Ord. of 1-22-19(1); Ord. of 9-8-20(2); Ord. of 6-25-24(1); Ord. of 4-22-25)

Sec. 10-3-85. - Uses permitted only by special use permit.

[The following uses are permitted by special use permit only:]

(1)

Manufacturing, processing and assembly operations when not employing more than fifteen (15) persons on the premises in a single shift and provided that all storage and activities are conducted within a building.

(2)

Wireless telecommunications facilities not permitted by section 10-3-84(8) or those not meeting the requirements of section 10-3-197(1). Wireless telecommunications facilities are further regulated by article CC.

(3)

Vehicle recreation equipment, or trailer sales served by a permanent building facility unless clearly incidental to an existing building. Vehicle excludes over the road tractors, their trailers, heavy equipment, manufactured homes, industrialized buildings, and agricultural equipment. No vehicle salvage, storage of inoperable vehicles, or sale of junk is allowed.

(4)

Repair of vehicles, recreation equipment, or trailers with all activities and storage of inoperable vehicles completely enclosed within a permitted structure. Vehicle excludes over the road tractors, their trailers, heavy equipment, manufactured homes, industrialized buildings, and agricultural equipment. No vehicle salvage, storage of inoperable vehicles, or sale of junk is allowed.

(5)

Structures, except wireless telecommunications facilities, in excess of seventy-five (75) feet in height.

(6)

Reserved.

(7)

Transportation service facilities, including but not limited to: taxicabs. No vehicle salvage, storage of inoperable vehicles, or sale of junk is allowed.

(8)

Parking lots and parking garages as principal uses.

(9)

Public uses which deviate from the requirements of title 10, chapter 3.

(10)

Warehousing and other storage facilities; provided, that the size, volume, and contents shall be governed by applicable safety regulations.

(11)

Short-term rentals, as further regulated by article DD.

(12)

Vehicle fuel station as accessory use to a permitted use, subject to the following restrictions: (i) allowed only on corner lots; (ii) may have no more than six (6) fuel dispensers; and (iii) the footprint of the area encompassed by the canopy over the pumps may not exceed eighty-seven (87) percent the size of the footprint of the principal structure.

(13)

Recovery residence of more than eight (8) adults and any number of minor dependents of those residents.

(Ord. of 4-23-96; Ord. of 10-28-97; Ord. of 8-12-03; Ord. of 1-13-04; Ord. of 4-27-04, § 1; Ord. of 7-26-05; Ord. of 1-23-08; Ord. of 4-24-12(10); Ord. of 10-9-12(3); Ord. of 3-26-13(3); Ord. of 9-23-14(13); Ord. of 7-28-15(22); Ord. of 9-22-15(1); Ord. of 3-26-19(1); Ord. of 1-11-22(1); Ord. of 2-13-24)

Sec. 10-3-86. - Area and dimensional regulations.

Except as provided in article T, and as required in article CC for wireless telecommunications facilities, the following area and dimensional regulations shall apply:

Minimum Setback:

Front—None.

Side—None—Zero (0) setback conditions may be superseded by building code regulations.

Rear—None.

Maximum Building Height:

Seventy-five (75) feet unless superseded by special use permit subsection 10-3-85(5).

(Ord. of 4-23-96; Ord. of 4-27-04, § 1; Ord. of 11-25-08(2); Ord. of 7-28-15(23))

Sec. 10-3-87. - Other regulations.

(a)

There are no minimum off-street parking requirements for uses in this district; provided, however, that when off-street parking is offered, such parking shall comply with the design standards under article G. In addition, loading and unloading facilities for all new buildings or additions shall comply with the design standards under article G.

(b)

Unless modified or superseded by other ordinances which directly apply to the general health, safety and welfare of the public, all accessory storage of products to be processed or being processed, and supplies and waste materials resulting from such work, shall be completely enclosed within structures of permanent and durable construction.

(c)

Tobacco, smoke, or vape shops shall not be located on or otherwise operate on any property within one thousand (1,000) feet of any property containing a public or private school or child day care center. Measurements made to verify compliance with this requirement shall be made in a straight line, without regard to intervening structures or objects, for one thousand (1,000) feet from the boundaries of the property on which a public or private school or child day care center operates.

(d)

Private refuse collection facilities shall be provided at a designated point and shall meet the requirements in section 10-3-110(h).

(Ord. of 4-23-96; Ord. of 1-14-14(13); Ord. of 6-25-24(1); Ord. of 7-23-24)