(A)

Whereas as provided in Code of Virginia, Title 15.2, Chapter 22 and amendments thereto, the governing body of any county or municipality may, by ordinance, classify the territory under its jurisdiction or any substantial portion thereof into districts of such number, shape and size as it may deem best suited to carry out the purposes of this chapter, and in each district it may regulate, restrict, permit, prohibit and determine the following:

(1)

The use of land, buildings, structures and other premises for agricultural, business, industrial, residential, floodplain and other specific uses;

(2)

The size, height, area, bulk, location, erection, construction, reconstruction, alteration, repair, maintenance, razing or removal of structures;

(3)

The areas and dimensions of land, water and air space to be occupied by buildings, structures and uses, and of courts, yards and other open spaces to be left unoccupied by uses and structures, including variations in the sizes of lots based on whether a public or community water supply or sewer system is available and used; and

(4)

The excavation or mining of soil or other natural resources.

(B)

For the purpose of zoning, the governing body of a municipality shall have jurisdiction over the incorporated area of the municipality. (Code of Virginia, § 15.2-2281)

(C)

Therefore, be it ordained by the town council, for the purpose of promoting the health, safety or general welfare of the public and of further accomplishing the objectives of applicable state law, that the following be adopted as the zoning ordinance of the town, together with a map of the existing zoning districts, and shall supersede the zoning ordinance of the town dated December 13, 1984 and all amendments thereafter.

(D)

All development in the town shall conform to septic reserve requirements and regulations for off-site, or remote, drain fields and buffer areas established by the state health department.

(Ord. passed 9-12-2013)

The purpose of this chapter is to establish certain zoning standards and procedures for the town, and such of its environs as come under the jurisdiction of the governing body as provided for by the Code of Virginia, as amended.

(Ord. passed 9-12-2013)

This chapter is known and may be cited as the "Zoning Ordinance of Irvington, Virginia."

(Ord. passed 9-12-2013)

(A)

For the purpose of this chapter, certain words and terms used herein shall be interpreted or defined as follows. Words used in the present tense include the future, words in the singular number include the plural, and the plural, the singular, unless the natural construction of the word indicates otherwise; the word "lot" includes the "parcel;" the word "shall" is mandatory and not directory; the word "approve" shall be considered to be followed by the words "or disapproved;" any reference to this chapter includes all ordinances amending or supplementing the same; all distance and areas refer to measurement in a vertical or horizontal plane.

(B)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Accessory structure, permanent. A structure attached to a base, bottom or foundation. Zoning permit required.

Accessory structure, portable or temporary. A structure placed on a site, lot or property for housing of chattels (personal property) not to exceed 60 days. Zoning permit required.

Accessory use or structure. A subordinate use or structure including, but not by way of limitation, tool and storage sheds, garages, bulkheads, piers, swimming pools, tennis courts and other customarily incidental to, but separate from, the main use of building and located upon the same lot occupied by the main use or building. No accessory structure or building may be fitted with a kitchen or sleeping accommodations.

Acreage. A parcel of land, regardless of area, described by metes and bounds.

Administrator. The official or officials charged with the enforcement of the zoning ordinance. He or she may be any appointed or elected official who is by formal resolution designated to the position by the town council. He or she may serve with or without compensation as determined by council.

Agriculture. The tilling of the soil, the raising of crops, horticulture, forestry, the keeping of animals and fowl, and any agricultural industry or business, such as fruit packing plants, dairies or similar use.

Agriculture lands. Those lands used for the planting and harvesting of crops or plant growth of any kind; pasture; horticulture; dairying; horticulture; or raising of poultry and/or livestock.

Alteration. Any changes in the total floor area, use, adaptability or external appearance of an existing structure.

Apartment house. A building used or intended to be used as the residence of three or more families living independently of each other.

Automobile graveyard. Any lot or place which is exposed to the weather upon which one or more motor vehicles of any kind, incapable of being operated are placed for a period of more than three months. (See §§ 91.01 through 91.03 of this Code of Ordinances for additional information.)

Basement. A story having part but not more than one-half of its height below grade. A basement shall be counted as a story for the purposes of height regulations if it is used for business purposes, or for dwelling purposes.

Best management practices (BMPs). A practice, or a combination of practices, that is determined by a state or designated area-wide planning agency to be the most effective, practical means of preventing or reducing the amount of pollution generated by non-point sources to a level compatible with environmental quality goals.

Boarding house. A building where, for compensation, lodging and meals are provided for at least five and up to 14 persons.

Boat dock. A dock, six feet wide or less, with or without a "L" or "T" head not to exceed eight feet wide and 25 feet long, for private use, to which a boathouse, finger pier or other structure is not attached. Boat lifts are exempt. (See drawing, § 154.215.)

Boat sales and service. Boat sales and sales of equipment, parts, supplies and other marine items; and the repair of service thereof. Such a business is not necessarily located upon the water.

Buffer area. An area of natural or established vegetation managed to protect other environmental resources and state waters from significant degradation.

Building. Any structure having a roof supported by columns or walls.

Building, accessory. A subordinate structure, including, but not by way of limitation, garages, carports, tool and storage sheds, and pens, customarily incidental to and located upon the same lot occupied by the main structure.

Building, height of. The vertical distance measured from the average elevation of the ground surface or the established curb grade opposite the middle of the front of the structure to the highest point of the roof if a flat roof; to the deck line of a mansard roof; or to the mean height level between the eaves and the ridge of a gable, hip or gambrel roof. For a building set back from the street line, the height shall be measured from the average elevation of the ground surface along the front of the building.

Building line. The distance which a building is from the front lot line or front boundary line.

Building, main. The principal structure or one of the principal buildings on a lot, or the building or one of the principal buildings housing the principal use on the lot.

Cellar. A story having more than one-half of its height below grade and which may not be occupied for dwelling purposes.

Certificate of occupancy. A certificate issued by the county building official to occupy or permit the use of any building or structure. It shall be unlawful to use or occupy or permit the use of any building structure, in whole or in part, for reconstructing, altering, adding to or moving the same without first obtaining a certificate of occupancy for the premises or building, and the use thereof, complying with the ordinances and requirements of the town and the county.

Chesapeake Bay Preservation Area or CBPA. Any land designated pursuant to Part III of the Chesapeake Bay Preservation Area Designation and Management Regulations, VR 173-02-01, and Code of Virginia, § 62.1-44.15:72. A CHESAPEAKE BAY PRESERVATION AREA shall consist of a resource protection area and a resource management area.

Church. Building or structure used for worship and normal church functions including a parsonage if located in vicinity of the church.

Commission. The Planning Commission of Irvington, Virginia.

Conditional use permit. A zoning permit application submitted requesting approval for a reconstructed, enlarged, altered, new or expanded use. The purpose of the conditional use permit is to provide for certain uses which may not be compatible with certain surrounding uses or which may be compatible with surrounding uses only if the use in question is established in conformance with certain limiting conditions.

Construction footprint. The area of all impervious surface, including, but not limited to, buildings, roads and drives, parking areas, and sidewalks and the area necessary for construction of such improvements.

Conventional room. A room with a roof, floor, foundation and solid or glass walls, including, without limitation, garages, but excluding breezeways, decks, carports and covered walkways.

Dairy. A commercial establishment for the manufacture and sale of dairy products.

Development. The construction, or substantial alteration, of residential, commercial, industrial, institutional, recreation, transportation or utility facilities or structures.

Development plan. The process for site plans, or subdivisions, plat review to ensure compliance with Code of Virginia, § 62.1-44.15:74 and this chapter prior to any clearing or grading of a site or the issuance of a building permit. Plan of development process shall include an environmental site assessment, a landscape plan, a stormwater management plan and an erosion and sediment control plan.

Diameter at breast height (DBH). The diameter of a tree measured outside the bark at a point four and one-half feet above ground.

District. Districts as referred to in the applicable state law.

Drainage. The removal of surface water or groundwater from land by drains, grading or other means and include control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.

Dripline. A vertical projection to the ground surface from the furthest lateral extent of a tree's leaf canopy or a structure's overhang.

Dump heap (trash pile or junk yard). Any area of 100 square feet or more lying within 1,000 feet of a state highway, a residence, a dairy barn or food handling establishment where trash, garbage or other waste or scrap material is dumped or deposited.

Dwelling. Any structure which is designed for use for residential purposes, except hotels, boarding houses, lodging houses, tourist cabins, apartments, automobiles, trailers and mobile homes. The minimum square footage of a dwelling structure will be 1,200 square feet in R-1 and 1,800 square feet in R-2.

Dwelling, multiple-family. A structure arranged or designed to be occupied by more than one family.

Dwelling, single-family. A structure arranged or designed to be occupied by one family, the structure having only one dwelling unit.

Dwelling, two-family. A structure arranged or designed to be occupied by two families, the structure having only two dwelling units.

Dwelling unit. One or more rooms in a dwelling designed for living or sleeping purposes, and having at least one kitchen and one bathroom.

Easement. An agreement between property owners regarding the use of land for a specific purpose recorded at the Lancaster County Court House.

Engineer. A professional engineer (PE) licensed by the state.

Family. One or more persons occupying a premises and living in a single dwelling unit, as distinguished from a group occupying a boarding house, lodging house, tourist home or hotel.

Farm winery. An establishment with a producing vineyard, orchard or similar growing area and may include facilities for fermenting and bottling wine on the premises:

(a)

Where the owner or lessee manufactures wine that contains not more than 18 percent alcohol by volume: or

(b)

With a producing vineyard, orchard or similar growing area or agreements for purchasing grapes or other fruits from agricultural growers in accordance with state regulations, and with facilities for fermenting and bottling wine on the premises where the owner or lessee manufactures wine that contains not more than 18 percent alcohol by volume.

Floodplain. See Chapter 152 of this Code of Ordinances.

Floor space. Total square footage inside walls of buildings.

Frontage. The minimum width of a lot measured from one side lot line to the other along a straight line on which no point shall be farther away from the street upon which the lot fronts than the building setback line as defined and required herein.

Garage, private. Accessory building designed or used for the storage of not more than three automobiles owned and used by the occupants of the building to which it is accessory. On a lot occupied by a multiple-unit dwelling, the private garage may be designed and used for the storage of one and one-half times as many automobiles as there are dwelling units. A private garage separate from the dwelling will not be constructed prior to the construction of the dwelling.

Garage, public. A building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, renting, selling or storing motor driven vehicles.

General store, country. A single store, the ground floor area of which is 4,000 square feet or less and which offers for sale primarily, most of the following articles: bread, milk, cheese, canned and bottled foods and drinks, tobacco products, candy, papers and magazines, and general hardware items. Gasoline may also be offered for sale but only as a secondary activity of a country general store.

Golf course. Any golf course, publicly or privately owned, on which the game of golf is played, including accessory uses and buildings customary thereto, but excluding golf driving ranges as defined herein.

Golf driving range. A limited area on which golf players do not walk, but onto which they drive golf balls from a central driving tee.

Governing body. The Town Council of Irvington, Virginia.

Health official. The county health director or sanitarian serving the town.

Highway engineer. The resident engineer employed by the Virginia Department of Transportation.

Historical area. As defined on the zoning map in which the provisions of the ordinance apply for protection of a historical heritage. (This historical area is included in the area of the town designated as the historic district by the National Register of Historic Places and Virginia Landmarks Register.)

Hog farm. A farm where hogs are kept and fed.

Home garden. A garden in a residential district for the production of vegetables, fruits and flowers generally for use and/or consumption by the occupants of the premises.

Home occupation. An occupation carried on by the occupant of a dwelling as a secondary use in connection with which there is no display, and no one is employed other than members of the family residing on the premises, such as the preparation of food products for sale and similar activities; professional offices such as medical, dental, legal, engineering and architectural offices conducted within a dwelling by the occupant. Home occupation shall not exceed 20 percent of the inhabitable square footage of a residence.

Hotel. A building designed or occupied as the more or less temporary abiding place for individuals who are, for compensation, lodged with or without meals.

Hotel condominium unit. A unit in a hotel, or that is associated with a hotel, that is legally a condominium but is operated in association with other such units as a hotel that maintains a front desk. The buyer of the hotel condominium unit gets a deed to a property, allowing the sale or transfer of the unit as well as tax and real estate appreciation benefits. When using the unit, the owner has access to all of the amenities of the hotel. When not in use by the owner, the unit can be available to rent through the hotel's rental program. The hotel operator manages the hotel and the hotel's rental program, markets the units, takes reservations, operates the front desk, maintains the property, and provides the services hotel guest expect such as housekeeping, food and beverage, and concierge.

Impervious cover. A surface composed of any material that significantly impedes or prevents natural infiltration of water into the soil. Impervious surfaces include, but are not limited to, roofs, buildings, streets, parking areas, and any concrete, asphalt or compacted gravel surface.

Jurisdiction. The area or territory subject to the legislative control of the governing body.

Lights. Any exterior lights.

Lot. A parcel of land occupied or to be occupied by a main structure or group of main structures and accessory structures, together with such yards, open spaces, lot width and lot areas as are required by this chapter, and having frontage upon a public street or private road either shown on a plat of record or considered as a unit or property and described by metes and bounds.

Lot, corner. A lot abutting on two or more public streets at their intersection. Of the two sides of a corner lot, the front shall be deemed to be the shorter of the two sides fronting on streets.

Lot, depth of. The horizontal distance between the front and rear lot lines.

Lot, double frontage. An interior lot having frontage on two streets.

Lot of record. A lot which has been recorded in the Clerk's Office of the Circuit Court of Lancaster County.

Lot, interior. Any lot other than a corner lot.

Lot, width of. The horizontal distance between side lot lines.

Manufacture and/or manufacturing. The processing and/or converting of raw, unfinished materials or products, or either of them, into articles or substances of different character, or for use for a different purpose.

Manufactured home. A home (the parts of which) are cut, fitted, installed in a factory and transported to a lot and erected up on a permanent foundation. Also includes a modular home.

Marina. A boating establishment operated for profit or for use by a club or similar organization located on a tidal waterway which provides wet or dry, covered or uncovered boat slips, dock space or dry boat storage; provided; however, that an establishment having docks or slips used exclusively for commercial seafood harvesting or processing, or for boat and engine repairs or service shall not be deemed a marina.

Mobile home. A structure designed for transportation, after fabrication, on streets and highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a structure complete and ready for occupancy; except for minor and incidental unpacking and assembly operation, location on jacks or permanent foundations, connection to utilities and the like.

Motorized skateboard or scooter for hire. Every vehicle, regardless of the number of its wheels in contact with the ground, that (i) is designed to allow an operator to sit or stand, (ii) has no manufacturer-issued vehicle identification number, (iii) is powered in whole or in part by an electric motor, (iv) weighs less than 100 pounds, (v) has a speed of no more than 20 miles per hour on a paved level surface when powered solely by the electric motor, and (vi) is available for hire or for any form of compensation to the owner or operator. "Motorized skateboard or scooter" includes vehicles with or without handlebars but does not include "electric personal assistive mobility devices", as defined in Code of Virginia, § 46.2-100.

Nonconforming lot. An otherwise legally platted lot that does not conform to the minimum area or width requirements of this chapter for the district in which it is located.

Nonconforming structure. An otherwise legal building or structure that does not conform with the lot area, yard, height, lot coverage or other area regulations of this chapter, or is designed or intended for a use that does not conform to the use regulations of this chapter for the district in which it is located.

Nonconforming use or activity. The otherwise legal use of a building or structure or of a tract of land that does not conform to the use regulations of this chapter or the district in which it is located.

Non-point source pollution. Pollution consisting of constituents such as sediment, nutrients, and organic and toxic substances from diverse sources, such as runoff from agriculture and urban land development and use.

Non-tidal wetlands. Those wetlands other than tidal wetlands that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions, as defined by the United States Environmental Protection Agency pursuant to § 404 of the Federal Clean Water Act, in 33 C.F.R. § 328.3b, dated November 13, 1986.

Noxious weeds. Weeds that are difficult to control effectively, such as Johnson grass, kudzu and multiflora rose.

Off-street parking area. Public space provided for parking vehicles outside the dedicated street right-of-way. Parking spaces shall be no less than ten feet by 20 feet. Space for vehicle parking for handicapped persons shall be no less than 12 feet by 24 feet.

One-way rental (of motorized skateboard or scooter for hire). Rental, license, lease or other similar arrangement in which the motorized skateboard or scooter for hire may be used but is not required to return to the original location of the rental once the rental, license, lease or other arrangement for the use of the motorized skateboard or scooter for hire has concluded.

Pen. A small enclosure used for the concentrated confinement and housing of animals or poultry; a place for feeding and fattening animals or poultry; a coop. Enclosed pasture or range with an area in excess of 100 square feet for each hog or small animal or 200 square feet for each larger animal shall not be regarded as a PEN.

Plat. A map of a tract or parcel of land which is to be, or which has been subdivided; includes the terms; map, plan, plot, replat or replot.

Public road. A road owned or maintained by the state and/or local government and designed and constructed in accordance with water quality protection criteria at least as stringent as requirements applicable to the Virginia Department of Transportation, including regulations promulgated pursuant to: the Erosion and Sediment Control Law (Code of Virginia, §§ 62.1-44.15:52 et seq.). This definition includes those roads where the Virginia Department of Transportation exercises direct supervision over the design and construction activities, or both, and cases where secondary roads are constructed or maintained, or both, by a local government in accordance with the standards of that local government.

Public water and sewer systems. A water or sewer system owned and operated by a municipality or county, or owned and operated by a private individual or a corporation approved by the governing body and properly licensed by the state corporation commission.

Redevelopment. The process of developing land that is or has been previously developed.

Required open space. Any space required in any front, side or rear yard.

Resource management area or RMA. The component of the Chesapeake Bay Preservation Area that is not classified as the resource protection area. RMAs include land types that, if improperly used or developed, have the potential for causing significant water quality degradation or for diminishing the functional value of the resource protection area.

Resource protection area or RPA. The component of the Chesapeake Bay Preservation Area comprised of lands at or near the shoreline that have an intrinsic water quality value due to the ecological and biological processes they perform or are sensitive to impacts which may result in significant degradation to the quality of the state waters.

Restaurant. Any building in which for compensation, food or beverages are dispensed for consumption including, among other establishments, cafes, tea rooms, confectionery shops or refreshment stands.

Retail stores and shops. Buildings for display and sale of merchandise at retail or for the rendering of personal services.

Sawmill. A temporary portable sawmill located on a private property for the processing of timber cut only from that property or from property immediately contiguous and adjacent thereto.

Setback. The minimum distance by which any building or structure must be separated from a property or road.

Sign. See §§ 154.190 through 154.202.

Site plan. A complete plan delineating the overall scheme of development of land, including but not limited to, grading, engineering design, construction details, septic field, Virginia Department of Transportation entrance and exit details, survey data for existing and proposed improvements, open space and landscape features.

(a)

Final site plans. Plans and specifications for the construction of all proposed physical improvements conforming with all applicable requirements, regulations and restrictions of this chapter, submitted as part of the approval process.

(b)

Preliminary site plans. Plans prepared in conformity with this chapter which meet all applicable requirements, regulations and restrictions, but not submitted for approval.

Site plan review. The review by the zoning administrator, and planning commission where herein required by the ordinance, to determine if site plans meet the stated purposes and standards of ordinances of the town.

Store. See Retail stores and shops.

Story. The portion of a building, other than the basement, included between the surface of any floor and the surface of the floor above it. If there is no floor above it, the space between the floor and the ceiling next above it.

STR or short term rental. The provision of a room or space that is suitable or intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than 30 consecutive days, in exchange for a charge for the occupancy.

STR operator. The owner or proprietor of any dwelling, lodging, or sleeping accommodations offered as a short-term rental, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, or any other possessory capacity. An STR operator may or may not be the landowner of the STR property.

STR, owner-occupied. An STR which the STR operator owns and occupies as his or her primary dwelling for a minimum of 285 days per year, with a maximum of four STR stays, and an aggregate maximum of 20 nights of STR stays per year.

Street line. The center dividing line of a street or road right-of-way and the contiguous property.

Street, public. A state maintained thoroughfare which affords principal means of access to abutting property.

Structure. Anything constructed or erected, the use of which requires permanent location on the ground or into subaqueous bottom, or attachment to something having a permanent location on the ground on subaqueous bottom. This includes, but is not limited to, dwellings, buildings, signs, piers, bulkheads, boat houses and slips and boat basins.

Structure, main. The principal structure on a lot or the structure housing the principal use of the lot.

Tidal shore. Land contiguous to a tidal body of water between mean low water level and mean high water level.

Tidal wetlands. Vegetated and nonvegetated wetlands as defined in Code of Virginia, § 28.2-1300.

Use, accessory. A subordinate use customarily incidental to and located upon the same lot occupied by the primary permitted use. An accessory use may not be either (i) a prohibited use under § 154.018 or (ii) a permitted or conditional use listed elsewhere in the zoning ordinance.

Utility-scale solar generation facilities. Solar generation facilities and equipment designed alone or in conjunction with other facilities and equipment to produce one or more megawatt of electricity per day and to transfer or sell electricity generated to the electrical grid.

Variance. In the application of a zoning ordinance, a reasonable deviation from those provisions regulating the shape, size, or area of a lot or parcel of land or the size, height, area, bulk, or location of a building or structure when the strict application of the ordinance would unreasonably restrict the utilization of the property, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the purpose of the ordinance. It shall not include a change in use, which change shall be accomplished by a rezoning or by a conditional zoning.

Water-dependent facility.

(a)

A development of land that cannot exist outside of the resource protection area and must be located on the shoreline by reason of the intrinsic nature of its operation.

(b)

These facilities include, but are not limited to:

1.

Ports;

2.

The intake and outfall structures of power plants, water treatment plants, sewage treatment plants and storm sewers;

3.

Marinas and other boat docking structures;

4.

Beaches and other public water-oriented recreation areas; and

5.

Fisheries or other marine resources facilities.

Water quality impact assessment. To:

(a)

Identify the impacts of proposed development on water quality and lands within RPAs and other environmentally-sensitive lands:

(b)

Ensure that, where development does take place within RPAs and other sensitive lands, it will be located on those portions of a site and in a manner that will be least disruptive to the natural functions of RPAs and other sensitive lands;

(c)

To protect individuals from investing funds for improvements proposed for location on lands unsuited for such development because of high ground water, erosion or vulnerability to flood and storm damage: and

(d)

Specify mitigation which will address water quality protection.

Wayside stand, roadside stand, wayside market. Any structure or land used for the sale of agricultural or horticultural produce.

Wetlands. Tidal and non-tidal wetlands.

Yard. An open space on a lot other than a court, unoccupied and unobstructed from the ground upward, except as otherwise provided herein.

Yard, front. An open space on the same lot as a building between the front line of the building (exclusive of steps) and the front lot or street line, and extending across the full width of the lot.

Yard, rear. An open space on the same lot as a building between the rear line of the building (exclusive of steps) and the rear line of the lot, and extending the full width of the lot.

Yard, side. An open space on the same lot as a building between the side line of the building (exclusive of steps) and the side line of the lot, and extending from the front yard line to the rear yard line.

Zoning. The division of a city by legislative regulation into districts and the prescription and application in each district of regulations having to do with structural and architectural designs of buildings and of regulations prescribing use to which buildings within designated districts may be put.

Zoning administrator. The designated reviewing agent of the governing body and planning commission for all preliminary application, including site plans, plat preparation procedures, conformity with the Chesapeake Bay Act, the zoning laws of the state, the county and the town. The zoning administrator, as agent, shall consult on all matters contained herein, and recommend the establishment of reasonable administrative procedures deemed necessary for the proper administration of this chapter.

Zoning permit. A permit issued by the zoning administrator to the applicant before the applicant can obtain a building permit from the county and proceed with any work affected by any provision of this chapter. A permit is invalid if the work is not commenced within two years of issuance of the permit.

(Ord. passed 9-12-2013; Ord. of 5-26-2015; Ord. No. 2022-06, 8-11-2022; Ord. No. 2022-10, § 1, 9-13-2022; Ord. No. 2023-04, 11-9-2023)