For the purpose of promoting the health, safety or general welfare of the public and of further accomplishing the objectives of Code of Virginia, § 15.2-2283, this chapter is adopted as the zoning ordinance of the town, together with the map, which is on file in the town clerk's office, and shall supersede the town zoning ordinance, dated August 1947. This chapter has been designed to:

(1)

Provide for adequate light, air, convenience of access, and safety from fire, flood, and other dangers;

(2)

Reduce or prevent congestion in the public streets;

(3)

Facilitate the creation of a convenient, attractive, and harmonious community;

(4)

Expedite the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, schools, parks, forests, playgrounds, recreational facilities, airports, and other public requirements;

(5)

Protect against destruction of or encroachment upon historic areas; and

(6)

Protect against one or more of the following: overcrowding of land, undue density of population in relation to the community facilities existing or available, obstruction of light and air, danger and congestion in travel and transportation or loss of life, health, or property from fire, flood, panic, or provide desirable employment and enlarge the tax base.

(Code 1997, § 54-1; Ord. of 6-6-1969)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building means a subordinate building whose function is incidental to and located on the same lot as the principal building.

Accessory use means a use of land customarily incidental to the principal use of the land and located on the same lot as such principal use.

Agriculture means the cultivation of the soil for the purpose of raising crops, horticulture and forestry, to include the keeping of animals.

Alley means a public travel way which affords secondary access to abutting property.

Apartment house means a building used or intended to be used as a dwelling by three or more families living independently of each other and who do their cooking therein.

Automobile service station means a building used or intended to be used for the retail sale of fuels, lubricants, air, water and other operating commodities for motor vehicles, to include the space and facilities for the installation of such commodities, and in addition the space for facilities for the storage, minor repair and servicing of the vehicles, but not to include body repair, painting, steam cleaning, rustproofing and refinishing.

Automobile wrecking yard means an area where destroyed, abandoned and obsolete automobiles are disassembled and where parts of the assembled automobiles are generally sold, and where the remaining automobile bodies and their components are temporarily stored until they can be removed or reduced to scrap metal.

Basement means a story partly underground and having at least one half of its height above ground.

Bed and breakfast means a building that is the owner's primary residence, that has a minimum lot area that meets or exceeds one-half acre, where up to six bedrooms may be provided to a maximum of 12 guests for compensation during a 24-hour day, and no more than one meal during a 24-hour day served to guests.

Block means the property bounded on all sides by one side of a street or a combination of street line, railroad right-of-way, unsubdivided land, river, live stream, or any other barrier to the continuity of development.

Boardinghouse means a dwelling where, for compensation, lodging and meals are provided for at least five and up to 14 persons. A boardinghouse is to be distinguished from a hotel.

Brewery, micro-brewery, distillery, micro-distillery . A facility for the production and packaging of alcoholic or non-alcoholic beverages for distribution, retail or wholesale on- or off-premises, with production capacity of more than 10,000 barrels per year for breweries or 5,000 gallons per year for distilleries. Micro-breweries and distilleries are classified the same but with production capacity of not more than 10,000 barrels per year for micro-breweries or 5,000 gallons per year for micro-distilleries.

Buildable area means the space remaining after the minimum yard requirements of this chapter have been complied with.

Building means a structure having a roof, supported by columns or by walls and intended for the shelter, housing or enclosure of any person, animal or chattel.

Building line means a line established, in general, parallel to the front street line between which and the front street line no part of a building shall project, except as otherwise provided by this chapter.

Cellar means a portion of a building having more than half its height below ground.

Court means an open unoccupied space other than a yard on the same lot with a building or group of buildings and is bounded on two or more sides by such building.

Coverage means the percentage of the total lot area that may be occupied by buildings.

Deck means an open terrace, without a roof or awning, either attached or unattached, to the main structure constructed of wood, concrete or other material, and designed for outside use.

Density means the number of dwelling units on a particular zoning lot; for the purposes of this chapter, the number of dwelling units permitted on one acre of land in the R-1 and R-2 districts.

District means a portion of the town within which, on a uniform basis, certain uses of land and buildings are permitted and certain other uses of land and buildings are not permitted as set forth in this chapter and within which certain yards and other open spaces are required and within which a combination of such aforesaid conditions are applied.

Dwelling means a building or portion thereof used or intended to be used exclusively for residential purposes and contains one or more dwelling units.

Dwelling, attached, means a dwelling having any portion of each of two walls in common with adjoining dwellings.

Dwelling, detached, means a dwelling that is entirely freestanding on the same lot.

Dwelling, group, means an arrangement of two or more detached dwellings occupying a zoning lot.

Dwelling, multiple-family, means a dwelling having three or more dwelling units.

Dwelling, semidetached, means a dwelling having any portion of one wall in common with an adjoining dwelling.

Dwelling, single-family, means a dwelling used or intended to be used exclusively for one dwelling unit.

Dwelling, two-family, means a dwelling having two dwelling units, one above the other, or a dwelling having two units side by side, both using a common exterior entrance.

Dwelling unit means one room or a suite of two or more rooms used or intended to be used by one family for living and sleeping purposes and having only one kitchen or kitchenette.

Family means one person, or a group of two or more persons, living together and interrelated by bonds of consanguinity, marriage, or legal adoption occupying a dwelling unit, or part of a dwelling unit as a separate housekeeping unit with a common set of cooking facilities. The persons constituting a family may also include foster children and domestic servants.

Floor area means the sum of the gross horizontal areas of the several floors of all buildings on the lot measured from the exterior faces of exterior walls. The term "floor area" includes the area of basements when used for residential, commercial or industrial purposes but shall not include a basement or portion of a basement used for storage or housing of mechanical or central heating equipment.

Garage, communal, means a garage used for the storage of vehicles for occupants of lots in the same or adjacent block.

Garage, private, means an accessory building used for the storage of vehicles by the occupants of a lot on which such building is located.

Garage, public, means an accessory building, portion of a principal building, or principal buildings used only for the storage of four or more vehicles by others in addition to those occupants of the lot on which such buildings are located.

Garage guest quarters means one detached building used in addition to a dwelling for the purposes of storage of vehicles for occupants of the premises and as a dwelling for the purpose of housing guests of the occupants of the main dwelling. Only one of the above garage guest quarters shall be permitted on any lot. The garage guest quarters shall be no larger than 50 percent of the square footage of the primary residence and such garage guest quarters shall contain no more than one bedroom. The 50 percent limitation excludes the square footage contained in the garage area.

Governing body means the town council.

Guest cottage means one detached building used in addition to a dwelling for the purpose of housing guests of the occupants of the main dwelling. The guest cottage shall be no larger than 50 percent of the square footage of the primary residence and such guest cottage shall contain no more than one bedroom.

Height of building means the vertical distance from the established grade of the center of the front of the building to the highest point of the roof surface of a flat roof, to the deck line for a mansard roof, to the mean height level between the eaves and ridge for hip, gable and gambrel roofs.

Home occupation means any occupation within a dwelling and clearly incidental thereto carried on by a member of the family residing on the premises, provided:

(1)

No stock is kept, or commodities sold;

(2)

No mechanical equipment is used except such that is normally used for purely domestic or household purposes;

(3)

No advertising sign is displayed other than a nameplate not exceeding two square feet in area, and there is no exterior evidence that the building is being used for any purpose other than a dwelling;

(4)

There is no motor vehicle regularly operating from the premises that carries advertising; and

(5)

There are no customers or clients coming and going without predetermined appointments.

Hotel means a building designed or occupied as the more or less temporary abiding place for 14 or more individuals who are, for compensation, lodged, with or without meals, and in which provision is not made for cooking in individual rooms or suites.

Junkyard means an establishment or place of business maintained, operated or used for storing, keeping, housing or buying junk, or for the maintenance or operation of an automobile graveyard, which is any lot or place, exposed to the weather, upon which more than five motor vehicles of any kind, incapable of being operated, are placed.

Lot means a parcel of land, occupied or intended for occupancy, by a use permitted by the provisions and requirements of this chapter, that has a frontage on a street or an officially approved private means of ingress and egress.

Lot, corner, means a lot abutting on two or more streets at their intersection.

Lot coverage means the part or percentage of the lot occupied by buildings or structures, including accessory buildings or structures.

Lot, depth, means the average of the horizontal distance between front and rear lines of a lot measured perpendicular to the street line.

Lot, interior, means any lot other than a corner lot.

Lot of record means a lot that has been recorded in the clerk's office of the circuit court.

Lot, through (double-frontage), means a lot other than a corner lot that has a frontage on two streets.

Lot, width of, means the horizontal distance between the sidelines of a lot measured along the building setback line.

Manufactured home means a structure subject to federal regulation, transportable in one or more sections; is eight body feet or more in width and 40 body feet or more in length in the traveling mode, or is 320 or more square feet when erected on site; is built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure.

Mixed use commercial and residential means a structure, one or two stories in height, that has uses that are primarily engaged in one or more commercial uses that are allowed in the underlying zoning district, and has a residential use in an area of the structure.

Motel means an establishment consisting of a group of living or sleeping accommodations with bathroom and closet space, located on a single zoning lot, and designed for use by transient automobile tourists; less than 50 percent of the living and sleeping accommodations are occupied or designed for occupancy by persons other than transient automobile tourists.

Nonconforming activity or use means the otherwise legal use of a building, structure or tract of land that does not conform to the use regulations of this chapter for the district in which it is located either at the effective date of the ordinance from which this chapter is derived or as a result of subsequent amendments to this chapter.

Nonconforming lot means 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 at the effective date of the ordinance from which this chapter is derived or as a result of subsequent amendments to this chapter.

Nonconforming structure means 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 either at the effective date of the ordinance from which this chapter is derived, or as a result of subsequent amendments to this chapter.

Office building means a structure wherein are employed a number of people greater than that allowed in professional offices and where there are no goods offered for sale.

Off-street parking area means space provided for vehicular parking outside the dedicated street right-of-way.

Open space, usable landscaped, means that space on the same zoning lot and contiguous to the principal building which is either landscaped with shrubs, planted with grass, or developed and maintained for recreation purposes, and excludes that portion of the lot which is utilized for off-street parking purposes.

Overhang means any projection, either roof, bay window or similar cantilevered construction, that extends beyond the foundation of a structure. No such construction shall project into any required yard more than three feet, and no such projection shall exceed 25 percent of the area obtained by multiplying the mean height of the structure by the length of the structure along the yard that is violated.

Parking space means an area not less than ten feet wide by 20 feet long for each automobile or motor vehicle, such space being exclusive of necessary drives, aisles, entrances, or exits, and being fully accessible for the storage or parking of permitted vehicles.

Porch means an open, unenclosed stoop or paved terrace which may project into a front yard for a distance not exceeding ten feet. The term "porch" shall not be interpreted to include porches which may be enclosed by removable windows, or to fixed canopies. A one-story bay window may project not more than three feet beyond the front line of the building.

Professional office means the office, studio or occupational room of a doctor, architect, artist, musician, lawyer or similar professional person or of a person engaged in the real estate or insurance business, excepting any mortuary, or any establishment where goods are offered for sale, provided no other persons are engaged in the occupation except not to exceed two employees of the principal practitioner, or in the case of two doctors' offices in the same structure, not exceeding two employees for each practitioner; and provided such use is conducted within a building retaining the residential character of the neighborhood.

Public utility means any person, firm, corporation, municipal department, or board, duly authorized to furnish and furnishing under federal, state, or municipal regulations to the public electricity, gas, steam, communications, telegraph, water or transportation.

Roominghouse, lodginghouse means a building other than a hotel where lodging is provided for three or more persons for compensation pursuant to previous arrangements but not open to the public or transients.

Setback means the minimum distance by which any building or structure must be separated from the front lot line.

Shopping center means either neighborhood or community, consisting of a coordinated group of local retail business establishments, indoor and outdoor, with common parking and service areas.

Sign, animated means any sign employing actual motion, illusion of motion, and/or rotation by electrical or mechanical means, including a conspicuous and intermittent variation in illumination.

Sign, business, means a sign that directs attention to a business, commodity, service, activity or product sold, conducted or offered upon the premises where such sign is located.

Sign, electronic message center means any sign which automatically displays changing characters of text and/or numbers on a lamp bank or through mechanical means, e.g., electrical or electronic time-and-temperature units.

Sign, gross area of, means the entire area within a single continuous perimeter enclosing the extreme limits of such a sign. Such perimeter shall not include any structural elements lying outside the limits of such a sign and not forming an integral part of the display.

Sign, home occupation, means a sign not exceeding two square feet in area directing attention to a product, commodity or service available on the premises, but which product, commodity or service is clearly a secondary use of the dwelling.

Sign, identification, means a sign on the premises bearing the name of a subdivision, the name of a group housing project or of a school, college, park, church, or other public or quasi-public facility, or a professional or firm nameplate, but bearing information pertaining only to the premises on which such sign is located.

Sign, outdoor advertising, means any sign of any material and any character whatsoever, which is placed (including erection, construction, posting, painting, printing, tacking, nailing, gluing, sticking, carving, or other fastening, affixing, or making visible in any manner) for outdoor advertising purposes in any way whatsoever. The term "billboard" is covered by this definition.

Sign, temporary, means a sign applying to a seasonal or other brief activity, such as, but not limited to summer camps, horse shows, auctions, or sale of land.

Solar energy system, large , means a private solar energy conversion system consisting of photovoltaic panels, support structures, and associated control or conversion electronics that has a maximum power of not more than 999 kW, which will be used primarily to reduce onsite consumption of utility power for commercial and industrial applications.

Solar energy system, small , means a private solar energy conversion system consisting of photovoltaic panels, support structures, and associated control or conversion electronics that has a maximum power of not more than 15 kW, which will be used primarily to reduce onsite consumption of utility power for residential, noncommercial, small commercial, and small industrial applications.

Solar energy system, utility scale , means a solar energy conversion system consisting of photovoltaic panels, support structures, and associated control or conversion electronics, which has a rated capacity more than one MW or greater to provide electricity to the local utility provider.

Story means that portion of a building, other than a cellar or mezzanine, included between the surface of any floor and the floor next above it; or if there is no floor above it, the space between the floor and the ceiling next above it. A mezzanine shall be deemed a full story when it covers more than 33 percent of the area of the story beneath the mezzanine, or if the vertical distance from the floor next below it to the floor next above it is 24 feet or more. A basement or cellar shall be counted as a story if its ceiling is over five feet above the level from which the height of the building is measured or if it is used for business purposes, or if it is used for dwelling purposes by other than a janitor or domestic servants.

Story, half, means a space under a sloping roof, which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished off for use.

Street or road means a public thoroughfare, except an alley or driveway, that affords vehicular traffic circulation and principal means of access to abutting property.

Street line means the dividing line between a street right-of-way and the contiguous property.

Structural alteration means any change in the supporting members of a building or structure, such as, bearing walls, partitions, columns, beams or girders, or any change in the width or number of exits, or any substantial change in the roof.

Structure means anything constructed or erected, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground.

Structure, outdoor advertising, means any structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising may be placed, including also outdoor advertising statuary.

Subdivision, resubdivision mean those terms as they are defined in chapter 38.

Tourist home means a dwelling in which lodging is provided or offered for compensation for up to 14 persons and is open to transients.

Townhouse means 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.

Travel trailer means a vehicular, portable structure built on a chassis, as a temporary dwelling for travel, recreation and vacation, having a body width not exceeding eight feet and being of any length provided its gross weight does not exceed 4,500 pounds or being of any weight provided its body length does not exceed 29 feet.

Use means the purpose or activity for which land or buildings is designed, arranged or intended, or for which it is occupied or maintained, and shall include any manner of performance of such activity with respect to the performance standards of this chapter.

Variance means a relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of this chapter will work undue hardships on the property owner. A variance is authorized only for height, area and size of a structure or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning division or district or adjoining zoning divisions or districts.

Yard means an open space of a generally uniform width or depth on the same land with a building or group of buildings, which open space lies between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as otherwise provided in this chapter.

Yard, front, means a yard extending across the full width of the lot and lying between the front property line of the lot and the nearest line of the building.

Yard, rear, means a yard extending across the full width of the lot and lying between the rear property line of the lot and the nearest line of the building.

Yard sale means any type of sale held on any premises located in the Town of Kilmarnock, which premises has no current business license.

Yard, side, means a yard between the sideline of the lot and the nearest line of the principal building and extending from the front yard to the rear yard or, in the absence of either of such yards, to the front or rear lot line; except on a corner lot, the side yard adjacent to a street shall extend the full depth of the lot.

Zoning permit means a permit issued by the zoning administrator to the applicant before the applicant may proceed with any work affected by any provision of this chapter.

(Code 1997, § 54-2; Ord. of 6-6-1969, art. 1; Ord. of 10-15-1990, § 1-76; Ord. of 5-15-1995, § 1-9; Ord. of 4-15-1996; Ord. of 10-28-1996, § 1-47.2; Ord. of 7-17-2000; Ord. of 8-16-2004; Ord. of 12-17-2007; Ord. of 10-17-2011(3); Ord. of 10-17-2016(1); Ord. of 4-17-2017(1))

(a)

This chapter shall be enforced by the administrator, who shall be appointed by the town council. The administrator shall serve at the pleasure of that body. Compensation for such shall be fixed by resolution of the town council.

(b)

Nothing contained in this chapter shall require any change in the plans or construction of any building or structure for which a permit was granted prior to the effective date of the ordinance from which this chapter is derived. However, such construction must commence within 30 days after the effective date of the ordinance from which this chapter is derived and be completed within a period of one year after construction is initiated. If construction is discontinued for a period of six months or more, further construction shall be in conformity with the provisions of this chapter for the district in which the operation is located.

(Code 1997, § 54-3; Ord. of 6-6-1969, § 10-1)

(a)

Unless district boundary lines are fixed by dimensions or otherwise clearly shown or described, and where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the zoning map, the rules given in this section shall apply.

(b)

Where district boundaries are indicated as approximately following or being at right angles to the centerlines of streets, highways, alleys or railroad main tracks, such centerlines or lines at right angles to such centerlines shall be construed to be such boundaries, as the case may be.

(c)

Where a district boundary is indicated to follow a river, creek or branch or other body of water, such boundary shall be construed to follow the centerline at low water or at the limits of the jurisdiction; and if there is a change in the shoreline, such boundary shall be construed as moving with the actual shoreline.

(d)

If no distance, angle, curvature, description or other means is given to determine a boundary line accurately and the foregoing provisions do not apply, the boundary shall be determined by the use of the scale shown on the zoning map. In case of subsequent dispute, the matter shall be referred to the board of zoning appeals, which shall determine the boundary.

(Code 1997, § 54-4; Ord. of 6-6-1969, § 10-2)

(a)

All departments, officials and public employees of the town vested with the duty or authority to issue permits or licenses shall conform to the provisions of this chapter. They shall issue permits for uses, buildings or purposes only when they are in harmony with the provisions of this chapter. Any such permit, if issued in conflict with the provisions of this chapter, shall be null and void.

(b)

Any person, whether as principal agent, employed or otherwise, violating, causing or permitting the violation of any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, may be punished as provided in Code of Virginia, § 15.2-2286.

(Code 1997, § 54-5; Ord. of 6-6-1969, §§ 6-1, 6-2)

State Law reference— Penalty, Code of Virginia, § 15.2-2286.A.5.