(A)

The B-1 Districts cover that portion of the town shown on the zoning map, and which is intended for the conduct of general business to which the public requires direct and frequent access.

(B)

The B-1 District uses are stated in § 154.086. A conditional use permit is required for all uses in § 154.086(B), and an additional conditional use permit is required in the event of expansion of or change to an existing permitted use. Uses specified in § 154.086(C) are prohibited.

(Ord. passed 9-12-2013; Ord. No. 2018-11.02, § 2, 9-12-2019)

(A)

All uses allowed in R-1 and R-2 Districts are permitted.

(B)

Subject to (C) below, all of the following uses are allowed with an approved conditional use permit:

(1)

Retail food stores that sell gasoline;

(2)

Bakeries;

(3)

Dry cleaners;

(4)

Laundries;

(5)

Wearing apparel stores;

(6)

Drug stores;

(7)

Post offices, county offices, town offices, and other similar public uses;

(8)

Barber and beauty shops;

(9)

Theaters and assembly halls;

(10)

Hotels, motels, inns, rooming and boarding houses, tourist homes;

(11)

Hotel condominium units, as long as the specific additional following conditions are met:

i.

The parcel of property on which the hotel condominium units are to be built must have a minimum acreage of 20 acres;

ii.

The hotel business comprised, in part, of condominium hotel units shall be subject to an overall floor area ratio (FAR) of .3, with reference to the entire real estate parcel upon which the condominium units are constructed. In measuring compliance with that FAR the floor area of all hotel buildings, including but not limited to the condominium hotel units, shall be aggregated,

iii.

Home owner associations(s) shall include all hotel condominium units, whether attached or detached, and shall be established prior to occupancy of the property and maintained throughout the life of its permitted use,

iv.

All applicable federal, state, county and local statutes, ordinances and regulations must be strictly complied with,

v.

A central sewage/waste water system approved by the VDEQ and/or Virginia Department of Health, shall be established by the owner/operator prior to occupancy of the property and maintained throughout the life of its permitted use by the owner/operator,

vi.

All utility transmission lines shall be underground, and

vii.

A certificate of occupancy (CO) shall be obtained from Lancaster County prior to the commencement of the intended use of specific buildings subject to a CO requirement. A copy of each CO shall be furnished to the town's zoning administrator;

(12)

Office buildings, newspaper office, bank;

(13)

Church;

(14)

Library;

(15)

Marina, boat and yacht sales and service agencies;

(16)

Service stations (with major repair under cover);

(17)

Clubs and lodges;

(18)

Plumbing and electrical supply (with storage under cover);

(19)

Furniture stores; and

(20)

Restaurants whether serving or not serving alcoholic beverages. Off-street parking as required by this chapter.

(C)

The following uses are not allowed , thus, a conditional use permit will not be approved.

(1)

Formula restaurants defined as: food service businesses required by contractual or other business arrangements to offer standardized menus, ingredients, food preparation, employee uniforms, interior décor, signage, or exterior design or which adopts a name, appearance or food preparation format which causes it to be substantially identical to another restaurant regardless of ownership or location.

(2)

Formula retail businesses defined as: a single source high traffic retailer, operated directly by or under contract with a manufacturer or distributor of merchandise or services for sale within, and required to adopt standardized layout, décor, uniforms, or similar standardized features.

(3)

Manufacturer outlets defined as: retail businesses whose main purpose is the quick turnover of after-market, overstock, defective, or past season merchandise. This includes stores offering merchandise of a single or multiple manufacturers that is offered at discount pricing.

(4)

The foregoing definitions apply to § 154.086 only; in the event of a conflict between the foregoing definitions and those elsewhere in this chapter 154, these definitions control § 154.086.

(D)

The public purposes for prohibiting the uses stated in (C) include but are not limited to: (i) public demand, (ii) maintaining the unique community character and function of Irvington, including its unique look and feel, (iii) maintaining links of the unique town center to its waterfront and agriculture, (iv) preserving and protecting the historic designation of Irvington on the National Register of Historic Places, and (v) maintaining the human scale of the district. The prohibitions are reasonable and necessary to achieve the public purposes stated above because they prohibit uses that directly conflict with the concepts of uniqueness, human scale and historic status which are important to the public.

(Ord. passed 9-12-2013; Ord. No. 2018-11.02, § 2, 9-12-2019)

None, except as required by the county health official.

(Ord. passed 9-12-2013)

(A)

Structures shall be located 25 feet or more from any public street right-of-way.

(B)

Structures shall be located ten feet or more as measured from the closest point of a structure to the nearest side or rear property line or to the edge of any private right-of-way.

(C)

(1)

For permitted uses, the minimum side yard or rear yard adjoining or adjacent to a residential district shall be 35 feet and off-street parking shall be in accordance with the provisions contained herein.

(2)

The planning commission and town council may increase side and rear yard requirements and impose landscape design requirements as needed for buffer area screening for adjacent residential properties.

(Ord. passed 9-12-2013)

(A)

Buildings may be erected no more than 45 feet in height from local median grade.

(B)

(1)

Church spires, belfries, monuments, cooling towers, municipal water towers, chimneys, flues, flag poles, television antennas and radio aerials are exempt.

(2)

Parapet walls may be up to four feet above the height of the building on which the walls rest.

(Ord. passed 9-12-2013)

(A)

(1)

Before a zoning permit shall be issued or construction commenced on any permitted issued for a new or expanded use, detailed site plans in sufficient detail to show the operations and processes including nonconforming uses and aspects shall be submitted to the zoning administrator for study.

(2)

Modification of the plans may be required.

(B)

(1)

Landscaping may be required within any established or required front setback area.

(2)

The plans and execution must take into consideration traffic hazards and shall be approved by the zoning administrator.

(C)

(1)

Sufficient area shall be provided:

(a)

To adequately screen permitted uses from adjacent business and residential districts; and

(b)

For off-street parking of vehicles incidental to the business, its employees and clients.

(2)

Other buffer area and landscaping requirements deemed necessary by the zoning administrator, planning commission and governing body of the town may be required. (See also §§ 154.015 through 154.021.)

(Ord. passed 9-12-2013)

(A)

No person, firm or corporation, during construction of a house, building or any other structure or during any grading or excavation, shall permit erosion of runoff of sediment, mud, dirt or other debris into creeks, streams or on streets, roads or abutting property.

(B)

Grading and seeding or other preventative measures or control thereof shall be taken to prevent any such erosion or runoff as determined by the administrator and in accordance with the county erosion and sediment control ordinance.

(Ord. passed 9-12-2013)

Any exterior light or lights, except street and public lights, shall be so arranged to reflect light away from the adjoining premises in residential districts.

(Ord. passed 9-12-2013)