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Hurt City Zoning Code

ARTICLE IV

- RESIDENTIAL DISTRICT R-2

Sec. 28-83. - Statement of intent.

Residential District R-2 encompasses medium-density residential areas, as well as certain compatible public, semi-public and very limited commercial land uses. The following regulations are designed to stabilize, protect and promote this type of development. This district should provide a suitable environment for persons desiring the amenities of apartment living and the convenience of being closest to shopping and employment centers and other community facilities.

(Code 1967, § 4-17)

Sec. 28-84. - Use regulations in R-2.

Unless in an apartment complex, only one building and its accessory buildings may be erected on any lot or parcel of land in Residential District R-2. Structures to be erected or land to be used shall be used as follows:

(1)

Authorized uses, no special use permit required.

a.

Single-family dwellings, including modular homes and Class A multi-sectional manufactured home dwellings.

b.

Two-family dwellings.

c.

Roominghouses.

d.

Tourist homes.

e.

Boardinghouses.

f.

Schools.

g.

Churches.

h.

Playgrounds.

i.

Professional offices.

j.

Home occupations, as provided in article IX, division 7, of this chapter, conducted by the occupant.

k.

Accessory buildings permitted as defined; however, garages, or other accessory structures, such as carports, porches, and stoops attached to the main building, shall be considered part of the main building.

l.

Public utilities: Poles, lines, distribution transformers, pipes, meters and other facilities necessary for the provision and maintenance of public utilities, including water and sewerage systems.

m.

Signs, as follows:

1.

Real estate signs set forth in section 28-504(5).

2.

Church bulletin boards and church identification signs as set forth in section 28-504(2).

3.

Temporary signs as set forth in section 28-504(5).

4.

Home occupation signs as set forth in section 28-504(1).

5.

Identification signs as set forth in section 28-504(3).

n.

Fences as set forth in sections 28-540 and 28-541.

o.

Small solar energy facilities as provided in article IX, division 9 of this chapter.

p.

All authorized uses in District R-1.

(2)

Permitted uses with special use permit. The following uses may be permitted only upon the issuance of a special use permit by the town council with such conditions as may be imposed by the council. The council shall have the right to reject such permit application.

a.

Multiple-family dwellings, including apartments, condominiums, cooperatives and townhouses. All such multiple-unit developments shall meet the requirements of divisions 2 and 3 of this article.

b.

Townhouses.

c.

Office buildings.

d.

Hospitals, nursing homes and adult care homes.

(3)

Prohibited uses. The following uses are prohibited:

a.

Class B and C manufactured home dwellings (single width mobile homes).

(4)

Off-street parking. Off-street parking shall be provided as required in section 28-475.

(5)

All uses in this district are subject to the provisions of article XIV of this chapter.

(Code 1967, § 4-18; Amd. of 3-24-2021)

Sec. 28-85. - Area regulations—With public water and sewer.

(a)

For residential lots served by public water and sewage disposal, the minimum lot area shall be not less than:

(1)

One unit: 10,000 square feet.

(2)

Two units: 12,000 square feet.

(3)

Three units: 14,000 square feet.

(b)

Multiple-family dwellings with four or more units are subject to divisions 2 and 3 of this article.

(Code 1967, § 4-19)

Sec. 28-86. - Area regulations—With public water system and individual sewer.

(a)

For residential lots served by public water systems but having individual sewage disposal systems, the minimum lot area shall be not less than:

(1)

One unit: 15,000 square feet.

(2)

Two units: 18,000 square feet.

(3)

Three units: 20,000 square feet.

(b)

Multiple-family dwellings with four or more units are subject to divisions 2 and 3 of this article.

(Code 1967, § 4-20)

Sec. 28-87. - Area regulations—With individual water and sewage.

(a)

For residential lots served by individual water and sewage disposal systems, the minimum lot area shall be not less than:

(1)

One unit: 20,000 square feet.

(2)

Two units: 22,000 square feet.

(3)

Three units: 24,000 square feet.

(b)

Multiple-family dwellings with four or more units are subject to divisions 2 and 3 of this article.

(Code 1967, § 4-21)

Sec. 28-88. - Authority of county health official—Generally.

For permitted uses utilizing individual sewage disposal systems, the required area for any such use shall be approved by the health official. The administrator may require a greater area if considered necessary by the health official.

(Code 1967, § 4-22)

Sec. 28-89. - Authority of county health official—Other than residential.

For permitted uses other than residential utilizing individual sewage disposal systems, the required area for any such use shall be determined by the county health official and schools shall also conform to the requirements of the state board of education.

(Code 1967, § 4-23)

Sec. 28-90. - Setback regulations.

No building shall be located closer than 30 feet to any street right-of-way which is 50 feet or greater in width, or closer than 55 feet to the centerline of any highway right-of-way less than 50 feet in width. This shall be known as the setback line.

(Code 1967, § 4-24)

Sec. 28-91. - Frontage regulations.

The minimum width of any lot at the setback line shall be not less than 100 feet.

(Code 1967, § 4-25)

Sec. 28-92. - Yard regulations.

(a)

Side. The minimum side yard for structures less than three stories shall be 15 feet. The minimum side yard for three-story structures shall be 35 feet.

(b)

Rear. Each main building shall have a rear yard of not less than 30 feet.

(c)

Accessory buildings. No accessory building may be closer than five feet to any property line.

(Code 1967, § 4-26)

Sec. 28-93. - Lot coverage.

Any structure shall not occupy more than 30 percent of the area of the lot.

(Code 1967, § 4-27)

Sec. 28-94. - Open space.

Each multiple-family dwelling shall provide 600 square feet of usable open space per dwelling unit. Such space shall be exclusive of areas devoted to streets, alleys and parking.

(Code 1967, § 4-28)

Sec. 28-95. - Height regulations.

(a)

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.

(b)

All other buildings shall be erected to contain no more than three stories and not to exceed 35 feet in height from grade.

(c)

Church spires, belfries, cupolas, municipal water towers, chimneys, flues, utility poles, transmission structures, flagpoles, television antennae and radio aerials are exempt. Parapet walls may be up to four feet above the height of the building on which the walls rest.

(d)

No accessory building which is within ten feet of any party lot line shall be more than one story high. All accessory buildings shall be less than the main building in height.

(Code 1967, § 4-29)

Sec. 28-96. - Special provisions for corner lots.

(a)

Of the two sides of a corner lot the front shall be deemed to be the shortest of the two sides fronting on streets, unless otherwise specified by the planning commission.

(b)

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

(c)

For subdivisions platted after the enactment of the ordinance from which this section is derived, each corner lot shall have a minimum width at the setback line of 90 feet.

(Code 1967, § 4-30)

Sec. 28-121. - Townhouse defined.

A townhouse is a series or group of single-family dwelling units containing at least three and not more than ten attached dwelling units forming a continuous structure each being separated by common or party walls of masonry construction void of fenestration or means of ingress or egress from the basement to the roof with individual exterior entrances at grade and with not more than three abutting townhouses or dwelling units having the same front yard setback.

(Code 1967, § 4-31)

Sec. 28-122. - Required lot area.

(a)

Each dwelling, together with its accessory building, hereafter erected shall be located on a lot having an area of not less than 1,700 square feet and a front width of not less than 19 feet, except end units which shall have a lot area of not less than 2,320 square feet and a width of not less than 29 feet.

(b)

In any townhouse development, the county health official shall be consulted as to minimum lot areas; and should said official deem a larger area necessary, then the official's decision shall be binding.

(Code 1967, § 4-32)

Sec. 28-123. - Percentage of lot coverage.

Any freestanding, continuously roofed structure composing a group of townhouses shall not occupy more than 30 percent of the total area of all the lots composing the townhouse development.

(Code 1967, § 4-33)

Sec. 28-124. - Open space.

A townhouse development shall provide 600 square feet of usable open space per dwelling unit. Such space shall be exclusive of areas devoted to streets, alleys, and parking.

(Code 1967, § 4-34)

Sec. 28-125. - Separation of structures.

Freestanding structures shall not be closer than 30 feet to each other when at least one of the two adjacent walls contains fenestration. When neither adjacent wall contains fenestration, or when the corners of two structures are the elements of closest proximity and the adjacent walls form an angle of more than 60 degrees, there shall be not less than 15 feet between buildings.

(Code 1967, § 4-35)

Sec. 28-126. - Setback; front yard required.

(a)

No building shall be located closer than 35 feet to any street right-of-way. This shall be known as the setback line.

(b)

Each lot shall also have a front yard having a depth of not less than ten feet.

(Code 1967, § 4-36)

Sec. 28-127. - Side yard required.

Where a group of townhouses adjoining a private drive or parking area or walkway intended for the common use of townhouse occupants, a side yard 20 feet in width shall be provided for each end residence in the group, then ten feet of which shall be reserved for common use. No accessory building shall be erected on any part of the required side yard.

(Code 1967, § 4-37)

Sec. 28-128. - Rear yard required.

Each lot shall have a rear yard of not less than 25 feet in depth measured from main rear wall (not to be shared between the front yard of buildings situated to the rear).

(Code 1967, § 4-38)

Sec. 28-129. - Height regulations.

The height of all townhouse buildings shall be limited to 35 feet or 2 ½ stories, exclusive of basement, except with a special use permit.

(Code 1967, § 4-39)

Sec. 28-130. - Landscaping and screening.

The developer shall provide landscaping of a permanent nature which will adequately screen any townhouse development from neighboring properties. The planning commission shall ensure that this provision is effectively met before the zoning administrator shall issue a zoning permit.

(Code 1967, § 4-40)

Sec. 28-131. - Off-street parking.

Off-street parking shall be provided in accordance with the provision of section 28-475.

(Code 1967, § 4-41)

Sec. 28-132. - Density.

Density of development shall not exceed 12 dwelling units per gross acre, with the term "gross acreage" defined as all land within the exterior boundaries of the tract on which the development is located, including private lots, private drives, parking area, and recreational areas, public streets, and other public or semi-public uses established as part of the development plan.

(Code 1967, § 4-42)

Sec. 28-133. - Minimum acreage required.

Each such townhouse development shall have a minimum gross acreage of not less than one contiguous acre.

(Code 1967, § 4-43)

Sec. 28-134. - Limitation on number of units.

The total number of units in a group of attached townhouses shall not exceed ten.

(Code 1967, § 4-44)

Sec. 28-135. - Common areas.

In the event common areas are provided which are not contained in lots or streets conveyed to individual owners, said common areas shall be maintained by and be the sole responsibility of the developer-owner of the townhouses development until such time as the developer-owner conveys such common area to a nonstock corporate owner whose members shall be all of the individual owners of townhouses in the townhouse development or to a trustee for the benefit of an organized association of which all of the individual owners of townhouses in the townhouse development are members. Said land shall be conveyed to and be held by said nonstock corporate or trustee owner solely for recreational and parking purposes of the owners of the individual townhouse lots in this townhouse development. In the event of such conveyance by the developer-owner to a nonstock corporate or trustee owner, deed restrictions and covenants, in form and substance satisfactory to the town attorney of the town, shall provide, among other things, that any assessments, charges, and costs of the maintenance of such common areas shall constitute a pro rata lien upon the individual townhouse lots, inferior in lien and dignity only to taxes and bona fide duly recorded purchase money first deeds of trust on each townhouse lot.

(Code 1967, § 4-45)

Sec. 28-136. - Frontage on public street.

Whenever the plan for a townhouse project provides for other than one individual ownership, all lots shall have frontage on a public street or access thereto by common right-of-way within 300 feet.

(Code 1967, § 4-46)

Sec. 28-137. - Utilities.

All townhouse units will have individual water and sewer connections with all service lines run on the parcel of land intended to be conveyed with the unit. When the main utility lines, which feed the service lines are run across common property or any other property not owned by the town, the developer will give the town a 15-foot easement for these lines.

(Code 1967, § 4-47)

Sec. 28-158. - Scope.

This division shall apply to a building or group of buildings containing single-family dwelling units consisting of four or more units in a structure or two or more structures containing two or more dwelling units per structure located on the same parcel of land in which each unit is designed and intended to be leased as apartments or individually owned as condominiums under the Condominium Act (Code of Virginia, title 55, ch. 4.2; now Code of Virginia, title 55.1, ch. 19 (Code of Virginia, § 55.1-1900 et seq.)) or as "Cooperatives" under the Virginia Real Estate Cooperative Act (Code of Virginia, title 55, ch. 24; now Code of Virginia, title 55.1, ch. 21 (Code of Virginia, § 55.1-2100 et seq.)). It is the intent of this division to treat condominiums and cooperatives the same as any physically identical project or development under a different form of ownership.

(Code 1967, § 4-48)

Sec. 28-159. - Required lot area.

For apartment, condominium or cooperative developments not served by public sewer or water, the required area for any such use shall be determined by the county health official.

(Code 1967, § 4-49)

Sec. 28-160. - Percentage of lot coverage.

All buildings, including accessory buildings, on any lot or parcel shall not cover more than 30 percent of the area of such lot or parcel. No accessory building on any lot shall cover more than 100 square feet.

(Code 1967, § 4-50)

Sec. 28-161. - Setback; front yard required.

(a)

No building shall be located closer than 35 feet to any street right-of-way. This shall be known as the setback line.

(b)

Each lot shall also have a front yard having a depth of not less than ten feet.

(Code 1967, § 4-51)

Sec. 28-162. - Side yard required.

Each building shall have a side yard of 25 feet and where a group of buildings adjoins a private drive or parking area or walkway intended for the common use of building occupants, a side yard 20 feet in width shall be provided for each end building in the group. No accessory building shall be erected on any part of the required side yard.

(Code 1967, § 4-52)

Sec. 28-163. - Rear yard required.

Each building shall have a rear yard of not less than 25 feet in depth measured from main rear wall (not to be shared between units).

(Code 1967, § 4-53)

Sec. 28-164. - Height regulations.

The height of all buildings shall be limited to 35 feet or 2 ½ stories, exclusive of basement, except with a special use permit.

(Code 1967, § 4-54)

Sec. 28-165. - Limitation on number of units.

The total number of units in a building shall not exceed ten.

(Code 1967, § 4-55)

Sec. 28-166. - Common areas.

(a)

Condominiums and cooperatives. Common areas shall be maintained by and be the responsibility of the developer-owner of the development and the unit owner's association in the case of condominiums or the proprietary lessee's association in the case of cooperatives as provided in the applicable sections of the above-cited chapters of Code of Virginia governing condominiums and cooperatives.

(b)

Leased apartments. The owner of an apartment building or complex shall be responsible for maintaining the common areas.

(Code 1967, § 4-56)

Sec. 28-167. - Density.

Density of development shall not exceed 12 dwelling units per gross acre, with the term "gross acreage" defined as all land within the exterior boundaries of the tract on which the development is located, including private lots, private drives, parking area, and recreational areas, public streets, and other public or semi-public uses established as part of the development plan.

(Code 1967, § 4-57)

Sec. 28-168. - Minimum acreage required.

Each such development shall have a minimum gross acreage of not less than one contiguous acre.

(Code 1967, § 4-58)

Sec. 28-169. - Off-street parking.

Off-street parking shall be provided as required by section 28-475.

(Code 1967, § 4-59)

Sec. 28-170. - Utilities.

When the main utility lines servicing the buildings are run across common property or any other property now owned by the town, the developer shall give the town a 15-foot easement for these lines.

(Code 1967, § 4-60)