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Kilmarnock City Zoning Code

ARTICLE VIII

STEPTOE'S OVERLAY DISTRICT

Sec. 54-600.- Enactment clause.

This article, establishes the Steptoe's District as the downtown overlay district, as an overlay over existing C-1, and was approved by town council on March 20, 2006.

(Ord. of 7-16-2007(3), § 54-600)

Sec. 54-601. - Objectives and goals of the district.

The Steptoe's Overlay District has been created to recognize and promote the unique character of the town's downtown area. The Steptoe's Overlay District covers the portion of the downtown intended for the conduct of mixed use commerce. The overlay district preserves the character and fabric of our original trade center and is intended to lessen the effects of the existing C-1 zoning classification regulations. Upper floor residential uses are encouraged. Parking, for customer and employees, is accommodated at the rear of the buildings and through public parking lots. Overall, permitted uses, setbacks and development standards are designed to maintain a downtown urban character.

(Ord. of 7-16-2007(3), § 54-601)

Sec. 54-602. - Official map.

The official map referenced in this section is available for public inspection at the town administrative offices.

(Ord. of 7-16-2007(3), § 54-602)

Sec. 54-603. - Use regulations.

In the Steptoe's Overlay District, structures to be erected or land to be used shall be for one or more of the following uses:

(1)

Retail food stores.

(2)

Bakeries and catering.

(3)

Dry cleaners with a conditional use permit.

(4)

Laundries and laundry mats with a conditional use permit.

(5)

Florist shops.

(6)

Wearing apparel stores.

(7)

Jewelry stores.

(8)

Drugstores.

(9)

Fabric shops.

(10)

Barbershops and beauty shops.

(11)

Automobile service and gas stations in accordance with chapter 54, article IV, section 54-450.

(12)

Theaters, assembly halls.

(13)

Marine supply stores.

(14)

Banks.

(15)

Music shops.

(16)

Restaurants.

(17)

Furniture and home appliance stores.

(18)

Hotels, motels, tourist homes, boardinghouses, roominghouses, inns.

(19)

Office buildings.

(20)

Office supply stores.

(21)

Churches.

(22)

Libraries.

(23)

Hardware stores.

(24)

Hospitals.

(25)

Funeral homes or mortuaries.

(26)

Electronics.

(27)

Clubs and lodges.

(28)

Farmer/Village Market.

(29)

Public utilities.

(30)

Off-street parking, as set forth in section 54-448.

(31)

Public billiard parlors and poolrooms, bowling alleys, dancehalls, and similar forms of public amusement only after a public hearing shall have been held by the town council on an application submitted to the council for such use. The town council may request that the planning commission submit a recommendation to them concerning such use applications. In approving any such applications, the town council may establish such special requirements and regulations for the protection of adjacent property, set the hours of operations, and make requirements as they may deem necessary in the public interest before granting approval to the application.

(32)

Business signs, as set forth in section 54-454.

(33)

Temporary signs, as set forth in section 54-453.

(34)

Church bulletin boards and identification signs, as set forth in section 54-453.

(35)

Reserved.

(36)

Cabinetmaker and woodworking shop with conditional use permit.

(37)

Accredited residential care facility, rehab, skilled care, assisted living facility.

(38)

Machinery sales and service, with a conditional use permit.

(39)

Retail seafood markets with a conditional use permit.

(40)

Mini warehouses with a conditional use permit.

(41)

Moving and storage warehouses with a conditional use permit.

(42)

Firehouses and rescue squad facilities.

(43)

Micro-brewery and micro-distillery with a retail or restaurant component.

(44)

Record stores.

(45)

Antique stores.

(46)

Radio station with a conditional use permit.

(47)

Video sales and rentals.

(48)

Taxi and shuttle service with conditional use permit.

(49)

Driver instruction.

(50)

Spa sales and service.

(51)

Exercise studios.

(52)

Printing and newspapers.

(53)

Auction with a conditional use permit.

(54)

Health food stores.

(55)

Bed and breakfasts.

(56)

Photo studios.

(57)

Mixed use commercial and residential; the floorspace and area applicable to the residential use shall not exceed 50 percent of the structure's total square footage, except that in the event that the building is a three-story building the residential use may be 67 percent of the building's square footage and shall be located in the top two stories.

(58)

Schools, playgrounds and day care centers, professional services, and internet and computer services/consultants.

(59)

Small solar energy systems.

(60)

Large and utility-scale solar energy systems, with conditional use permit.

(Ord. of 7-16-2007(3), § 54-603; Ord. of 6-16-2008; Ord. of 10-17-2016(1))

Sec. 54-604. - Area regulations.

There are no lot size requirements for this district.

(Ord. of 7-16-2007(3), § 54-604)

Sec. 54-605. - Setback regulations.

Buildings in the Steptoe's Overlay District, shall be located zero or more feet from any street right-of-way 50 feet or greater in width, or 30 feet or more from the centerline of any street right-of-way less than 50 feet in width, except that signs advertising sale or rent of premises may be erected up to the property line.

(Ord. of 7-16-2007(3), § 54-605)

Sec. 54-606. - Frontage and yard regulations.

There are no frontage and yard requirements in the Steptoe's Overlay District, except that should the property be adjacent to a residential or agricultural district, the minimum side yard shall be ten feet and the minimum rear yard shall be 20 feet for the side or rear yard directly adjacent to the residential or agricultural district.

(Ord. of 7-16-2007(3), § 54-606)

Sec. 54-607. - Sidewalk regulations.

(a)

All buildings must maintain a five-foot-wide sidewalk in front of their building in the district, if they are within 75 feet of existing sidewalk.

(b)

Sidewalks that are on the property of the landowner may be used for displaying of merchandise or as a dining area. Walkways must be five feet from the curb or five feet from any obstruction (light pole, fire hydrant, sign, and/or planter box) on the curb.

(c)

Marked off area in front of building may not be structures, but may be of a temporary nature (i.e., mounting can be dismantled in 20 minutes or less), no lower than 30 inches and no higher than four feet. Materials must be approved by the zoning administrator or other designated individuals.

(Ord. of 7-16-2007(3), § 54-607)

Sec. 54-608. - Parking regulations.

For parking regulations, refer to section 54-448, minimum off-street parking. However, the following regulations count towards the satisfaction of the minimum off-street parking requirements:

(1)

On-street parking spaces may be counted if directly adjacent to the property.

(2)

If a municipal parking area is within 500 feet of the property, then ten spaces may be counted towards the requirements.

(Ord. of 7-16-2007(3), § 54-608)

Sec. 54-609. - Height regulations.

Buildings in the district may be erected up to 60 feet in height from grade; except that:

(1)

A public or semipublic building, such as, a school, church, library, or general hospital 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.

(2)

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

(3)

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

(Ord. of 7-16-2007(3), § 54-609)

Sec. 54-610. - Fire regulations.

No building may be erected unless the outer walls of such building are of brick, concrete, cinderblock or other masonry material, or of material otherwise approved as to fire resistance in the Virginia Uniform Statewide Building Code.

(Ord. of 7-16-2007(3), § 54-610)