Louisa City Zoning Code
ARTICLE I
General Provisions
§ 165-1 Title.
This chapter shall be known and may be cited as the "Zoning Ordinance of the Town of Louisa, Virginia."
§ 165-2 Purpose; Zoning Map.
A.
This chapter, together with the Zoning Map of the Town of Louisa, which is and shall remain on file in the Town Office, and which is hereby incorporated in and made a part of this chapter as fully as though it were set out herein, is ordained for the purpose of promoting health, safety, morals, comfort, prosperity and the general welfare.
B.
The Zoning Map of the Town of Louisa may be referred to simply as the Zoning Map.
§ 165-3 Existing uses and structures.
Nothing contained herein shall require any change in the plans, construction, size or designated use of any building, structure or part thereof for which a building permit has been granted or for which plans were on file with the Town Council before this chapter becomes effective and the construction of which from such plans shall have been started within 30 days after this chapter becomes effective, except that if the building operation in question is discontinued for a period of not less than six months, any further construction shall be in conformity with the provisions of this chapter.
§ 165-4 Effective date.
The date of effect of this chapter shall be from and after its adoption and legal application, and its provisions shall be in force thereafter. The Zoning Ordinance was adopted by Council on August 11, 1969.
§ 165-5 Definitions and word usage.
[Amended 10-16-1990 by Ord. No. 1990-2]
A.
Generally. Words used in the present tense include the future, and words used in the singular number include the plural and the plural the singular.
B. ADULT BUSINESS(1) (2) (3) (4) (5) (a) (b) (c) (6) (7) (8) AGRICULTURE ALLEY ALTERATION APARTMENT HOUSE ART GALLERY BASEMENT BOARDINGHOUSE BUILDING BUILDING OFFICIAL BUILDING, ACCESSORY BUILDING, HEIGHT OF BUILDING, MAIN CELLAR COMMISSION, THE COMMUNITY CENTER DWELLING DWELLING UNIT DWELLING, MULTIPLE-FAMILY DWELLING, SINGLE-FAMILY FAMILY GARAGE, PRIVATE GARAGE, PUBLIC HOME OCCUPATION HOTEL LOT LOT OF RECORD LOT, CORNER LOT, DEPTH OF LOT, WIDTH OF MANUFACTURING and/or MANUFACTURE MUSEUM NONCONFORMING USE OFF-STREET PARKING AREA OPEN SPACE PUBLIC GROUNDS RECREATIONAL AREA SCHOOL SETBACK SPECIFIED ANATOMICAL AREAS SPECIFIED SEXUAL ACTIVITIES STORY STORY, HALF STREET LINE STREET or ROAD STRUCTURE STUDIO TOURIST COURT, AUTO COURT, MOTEL or MOTEL LODGE TOURIST HOME TRAILER, AUTOMOBILE TRAILER COURT USE, ACCESSORY YARD YARD, FRONT YARD, REAR YARD, SIDE ZONING ADMINISTRATOR
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section[1]:
Any adult bookstore, adult video store, adult model studio, adult motel, adult movie theater, adult nightclub, adult store, business providing adult entertainment, or any other establishment that regularly exploits an interest in matter relating to specified sexual activities or specified anatomical areas or regularly features live entertainment intended for the sexual stimulation or titillation of patrons.
[Added 1-15-2008; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
ADULT BOOKSTORE or ADULT VIDEO STOREAn establishment having as a substantial or significant portion, as determined by the Zoning Administrator, of its stock-in-trade books, magazines, other periodicals, videotapes, computer disks, CD-ROMs, DVD-ROMs, virtual-reality devices or similar media that are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT ENTERTAINMENTDancing, modeling or other live entertainment if the entertainment is characterized by an emphasis on specified sexual activities or specified anatomical areas or is intended for the sexual stimulation or titillation of patrons; or the showing of films, motion pictures, videotapes, slides, photographs, CD-ROMs, DVD-ROMs, or other media that are characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT MERCHANDISEMagazines, books, other periodicals, videotapes, films, motion pictures, photographs, slides, CD-ROMs, DVD-ROMs, virtual-reality devices, or other similar media that are characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas; instruments, devices or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs; or, lingerie or leather goods marketed or presented in a context to suggest their use for sadomasochistic practices.
ADULT MODEL STUDIOA commercial establishment, including a lingerie store or novelty store, in which a person performs or simulates specified sexual activities, exposes specified anatomical areas, or engages in other performances intended for the sexual stimulation or titillation of patrons.
ADULT MOTELA motel, hotel, or similar commercial establishment that:
Provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas and advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or
Offers a sleeping room for rent for a time period less than 10 hours; or
Allows a tenant or occupant to subrent the sleeping room for a time period of less than 10 hours.
ADULT MOVIE THEATERAn enclosed building regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons, excluding movies that have been rated G, PG, PG-13, or R by the Motion Picture Association of America.
ADULT NIGHTCLUBA restaurant, bar, club, or similar establishment that regularly features adult entertainment.
ADULT STOREAn establishment having adult merchandise as a substantial or significant portion of its stock-in-trade as determined by the Zoning Administrator.
The tilling of the soil, the raising of crops, forestry, horticulture and gardening, including the keeping or raising of domestic animals and fowl, and including any agricultural industry or business, such as fruit-packing plants, dairies, animal hospitals or similar uses.
A public thoroughfare less than 30 feet wide.
Any change in the total floor area, use, adaptability or external appearance of an existing structure.
A building used or intended to be used as the residence of three or more families living independently of each other.
Premises used for the exhibition of works of art, and which may include the collection or preservation of works of art, primarily for the recreation or cultural education of the public.
[Added 11-18-2008]
A story having part but not more than 1/2 of its height below grade. A basement shall be counted as a story, for the purpose of height regulations, if it is subdivided and used for business purposes or for dwelling purposes by other than a janitor employed on the premises.
A building where, for compensation, lodging and/or meals are provided for at least five but not exceeding 14 persons.
Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattels.
The official designated by the governing body with the responsibility of acting in the capacity of the Building Official. This designation may be changed from time to time by the governing body.
A subordinate building customarily incidental to and located upon the same lot occupied by the main building. On any lot upon which is located a dwelling, any building which is incidental to the conducting of any agricultural use shall be deemed to be an accessory building.
The vertical distance measured from the level of the curb or the established curb grade opposite the middle of the front of the building to the highest point of the roof. For buildings 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.
The principal building or one of the principal buildings upon a lot or the building or one of the principal buildings housing the principal use upon the lot.
A story having more than 1/2 of its height below grade.
The Town of Louisa Planning Commission.
Premises operated by or on behalf of a government or nonprofit organization for providing community activities, which may include, but is not limited to, arts, crafts, and physical, social, charitable and educational activities.
[Added 11-18-2008]
Any building or portion thereof which is designed for use for residential purposes, except hotels, boardinghouses, lodging houses, tourist cabins and trailers.
One or more rooms in a dwelling designed for living or sleeping purposes and having at least one kitchen.
A building arranged or designed to be occupied by more than one family.
A building arranged or designed to be occupied by one family, the structure having only one dwelling unit.
One or more persons occupying a premises and living in a single dwelling unit, as distinguished from an unrelated group occupying a boardinghouse, lodging house, tourist home or hotel.
An accessory building designed or used for the storage of not more than four automobiles owned and used by the occupants of the building to which it is accessory, provided that on a lot occupied by a multiple dwelling, the private garage may be designed and used for the number of parking spaces required in § 165-11 hereof.
A building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, renting, selling or storing motor-driven vehicles.
An occupation carried on by the occupant of a dwelling in a residential zone as a secondary use, in connection with which there is no exterior display and not more than one person is employed, other than members of the family residing on the premises, including but not limited to such occupations as hairdressers, dressmaking and alteration, preparation of foodstuffs and confectionery and renting of private rooms to nontransients, such as students, school teachers and the like.
A building designed or occupied as the more or less temporary abiding place of 15 or more individuals who are, for compensation, lodged, with or without meals, and in which provision is not generally made for cooking in individual rooms or suites.
A parcel of land occupied or to be occupied by a main building or group of main buildings and accessory buildings, together with such yards, open spaces, lot width and lot area as are required by this chapter, and having frontage upon a street, either shown on a plat of record or considered as a unit of property and described by metes and bounds.
A lot which has been recorded in the Clerk's office of the Circuit Court of Louisa County, Virginia.
A lot abutting on two or more streets at their intersection.
The average horizontal distance between the front and rear lot lines.
The average horizontal distance between the side lot lines.
The processing and/or converting of raw, unfinished or finished materials or products, or any or either of them, into an article or articles or substance of different character or for use for a different purpose; industries furnishing labor in the case of manufacturing or the refinishing of manufactured articles.
Premises used for the exhibition of objects of cultural, historical or scientific interest, and which may include the collection or preservation of such objects, primarily for the recreation or cultural education of the public.
[Added 11-18-2008]
The use of any building or premises, which use was legal prior to the adoption or amendment of this chapter, contrary to the use regulations of this chapter for the zone in which the building or premises is located.
[Amended 6-18-1991 by Ord. No. 1991-1]
Space provided for vehicular parking outside the dedicated street right-of-way.
Any parcel or area of land or water essentially unimproved and set aside, dedicated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. This area of land is to be unoccupied by habitable buildings, streets or parking lots.
Area reserved, by deed or otherwise, for public use only.
Areas appropriate to the needs of the occupants, with equipment and facilities to be maintained in a safe condition and replaced as necessary.
Premises in which education or training is provided, other than a post-secondary school or public school operated by Louisa County.
[Added 11-18-2008]
The distance by which any building or structure must be separated from the front lot line.
Less than completely and opaquely covered human genitals, pubic region, buttock, or female breast below a point immediately above the top of the areola; or human male genitals in a discernibly turgid state, even if completely and opaquely covered.
[Added 1-15-2008]
Human genitals in a state of sexual stimulation or arousal; sexual intercourse or sodomy; or fondling or other erotic touching of human genitals, pubic region, buttock, or female breast, including masturbation.
[Added 1-15-2008]
That portion of a building, other than the basement, included between the surface of any floor and the surface of 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 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 2/3 of the floor area is finished off for use.
The dividing line between a street or road and the contiguous property.
A public thoroughfare which affords principal means of access to abutting property.
Anything constructed or erected, the use of which requires permanent location on the ground, or attached to something having a permanent location on the ground, including advertising signs, billboards and poster panels.
Premises used as an artist's workroom or for an artist and his or her employees who work within that studio. This can be for the purpose of architecture, painting, pottery (ceramics), sculpture, photography and other forms of fine and performing arts.
[Added 11-18-2008]
A building or group of buildings containing individual sleeping rooms designed for or used temporarily by automobile tourists or transients, with garage or parking space conveniently located to each unit. Cooking facilities may be provided for each unit.
[Amended 6-18-1991 by Ord. No. 1991-1]
A dwelling where lodging only is provided for compensation for not exceeding 14 persons, in contradistinction to hotels and boardinghouses, and open to transients.
A vehicle with or without motive power designed to be used for human habitation.
Any area or tract of land used or designed to accommodate one or more automobile trailers.
A subordinate use customarily incidental and located upon the same lot occupied by the main use.
An open space on a lot other than a court unoccupied and unobstructed from the ground upward, except as otherwise provided herein.
An open space on the same lot with 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.
An open, unoccupied space on the same lot with a building, between the rear line of the building (exclusive of steps) and the rear line of the lot and extending across the full width of the lot.
An open unoccupied space on the same lot with 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.
The official charged with the enforcement of the Zoning Ordinance. He may be any appointed or elected official who is by formal resolution designated to the position by the Town Council. He may serve with or without compensation as determined by the Council.
[Amended 6-18-1991 by Ord. No. 1991-1]
§ 165-6 Zoning Administrator.
This chapter shall be enforced by the Zoning Administrator, who shall be appointed by the Town Council and who, as well as his successors, shall serve at the pleasure of the Town Council and whose compensation as such shall be fixed by resolution of the Town Council.
§ 165-7 Building permits.
A.
No building shall be started, reconstructed, enlarged or altered until a building permit shall be obtained from the Administrator.
B.
The Town Council may request a review of the building permit approved by the Administrator in order to determine whether or not the contemplated use is in accordance with the zone in which the construction lies.
C.
Each application for a building permit shall be accompanied by two copies of a drawing showing the size and shape of the parcel of land on which the proposed building is to be constructed, the nature of the proposed use of the building or land, the location of such building or use with respect to the property lines of said parcel of land and to the right-of-way of any street or highway adjoining said parcel of land and any other information which the Administrator or Town Council may deem necessary for consideration of the application. If it appears that the proposed building or use is in conformity with the provisions of this chapter, a permit shall be issued to the applicant by the Administrator, and one copy of the drawing shall be returned to the applicant with said permit. Any building for which a building permit is issued must be commenced within 60 days after the date of approval of the building permit or must be renewed. The permit for any building not completed within 12 months after it has been commenced must be renewed.
D.
Permits previously issued. Nothing herein contained shall require any change in the plans, construction, size or designated use of any building, structure or part thereof for which a building permit has been granted before this chapter becomes effective.
§ 165-8 Certificates of occupancy.
No land shall be used or occupied and no building hereafter structurally altered or erected shall be used or changed in use until a certificate of occupancy shall have been issued by the Administrator, stating that the building or the proposed use thereof or the use of the land complies with the provisions of this chapter. A like certificate shall be issued for the purpose of maintaining, renewing, changing or extending a nonconforming use. A certificate of occupancy, either for the whole or a part of a building, shall be applied for coincidentally with the application for a building permit and shall be issued within the 10 days after the erection or structural alterations of such building or part shall have been completed in conformity with the provisions of this chapter. A certificate of occupancy is not required for a nonconforming use that exists at the time of enactment of this chapter.
§ 165-9 Uses not specifically provided for.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Whenever in any district established under this chapter a use is not specifically permitted or denied and an application is made to the Administrator for such use, the Administrator shall refer the application to the Planning Commission, which shall make its recommendations to the Council within 30 days. The Council may then approve or deny the application in accordance with the provisions of this chapter and § 15.2-2204 of the Code of Virginia, as amended.
§ 165-10 Widening rights-of-way.
[Amended 6-18-1991 by Ord. No. 1991-1]
Whenever there shall be plans in existence, approved by either the State Department of Transportation or by the Town Council, for the widening of any street or highway within the Town, the Commission may recommend additional front yard setbacks for any new construction or for any structures altered or remodeled adjacent to the future planned right-of-way, in order to preserve and protect the right-of-way for such proposed street or highway widening.
§ 165-11 Off-street parking.
[Amended 10-16-1990 by Ord. No. 1990-2; 9-19-2006]
There shall be provided at the time of erection of any main building minimum off-street parking space with adequate provisions of ingress and egress by standard-size automobiles, as follows:
A.
Residential Limited District: Two spaces for single-family dwellings. See below for provisions on other permitted uses.
B.
Residential General District: There shall be provided either in a private garage or on the lot, space for the parking of two automobiles for each single-family dwelling or each dwelling unit added in the case of an enlargement of an existing building. On multifamily development lots, there shall be provided space for parking either in a private garage or on the lot as follows:
C.
Tourist court, motel, motor hotel, motor lodge or hotel: One per employee, plus one per sleeping room or suite. Rooming, boarding or lodging house: One per sleeping room.
D.
Theaters, churches, auditorium and other places of assembly with fixed seats: One per four seats or bench seating spaces (seats in main auditorium).
E.
Hospital: One per patient bed. Sanitarium, convalescent home, (home) for the aged, or similar institution: One per three patient beds.
F.
Funeral home: One per 50 square feet of floor area excluding storage and work areas.
G.
Medical offices or clinics: One per 200 square feet of floor area; three spaces minimum.
H.
Office or office building: One per 400 square feet of floor area; three spaces minimum.
I.
Restaurants: One per 200 square feet of floor area.
J.
Retail store or personal service establishment and banks: One per 200 square feet of floor area.
K.
Country club, golf club or private club: One per five members or one for each 400 square feet of floor area, whichever is greater.
L.
Amusement place, dance hall, skating rink, swimming pool or similar entertainment facility: One per 100 square feet of floor area.
M.
General service or repair establishment: Two per employee on the premises.
N.
Automobile-type repair: One per employee and two per bay (working station).
O.
Animal hospital: One per 400 square feet of floor area.
P.
Shopping center: One per 200 square feet of rental floor area for shopping centers with less than 25,000 square feet.
Q.
Manufacturing or industrial establishment, research or testing laboratory, creamery, bottling plant, wholesale or similar establishment: One per each employee on maximum working shift, plus space for storage of trucks or other vehicles used in connection with business or industry.
R.
Any other commercial building not specifically listed above erected, converted or structurally altered after November 1, 2006, shall provide one parking space for each 200 square feet of business floor space in the building.
§ 165-11.1 Joint use of off-street parking facilities.
[Added 9-19-2006]
A.
All parking spaces required in this article shall be located on the same lot with the building or use served, except that in the case of buildings other than dwellings, spaces may be located as far away as 600 feet.
B.
Up to 50% of the parking spaces required by § 165-11 for (1) theaters, public auditoriums, bowling alleys, dance halls and nightclubs and up to 100% of the parking spaces required by § 165-11 for a church auditorium may be provided and/or used jointly with (2) banks, offices, retail stores, repair shops, service establishments, and similar uses not normally open, used or operated during the same hours as those uses listed in (1) above, and (3) up to 100% of parking spaces required for schools may be provided and/or used jointly by a church auditorium; provided, however, that where any such parking is to be shared as herein provided, there shall be provided to the Town a copy of a written joint use/parking agreement by and between the owners of the lots, tracts, and parcels upon which the various uses are located, and which uses shall be sharing parking areas, and which agreement shall be recorded in the clerk's office of the Circuit Court of Louisa County.
§ 165-11.2 Design standards for off-street parking facilities.
[Added 9-19-2006]
A.
Minimum area and surface. For the purpose of this article, an off-street parking space is an all-weather surface area consisting of gravel, stone, asphalt or concrete and having an area of not less than 162 square feet (9 feet by 18 feet), exclusive of driveways. The minimum width for handicapped parking spaces shall be eight feet, with an adjacent five-foot wide access aisle to be provided on each side of such handicapped parking spaces. Access aisles may be shared between adjacent handicapped parking spaces.
B.
Interior drive. Interior drives shall be of adequate width to serve a particular design arrangement of parking spaces, according to the following schedule: Aisles shall be not less than 22 feet for 90° parking; 17 feet for 60° parking; 13 feet for 45° parking; and nine feet for 30° parking. Aisles serving spaces angled other than 90° shall be one-way only.
C.
Drainage and maintenance. Off-street parking facilities shall be drained to eliminate standing water and prevent damage to abutting property and/or public streets and alleys and surfaced with erosion-resistant materials.
D.
Separation from walkways and streets. Off-street parking spaces shall be separated from walkways, sidewalks, streets or alleys by a wall, fence, curbing or other approved protective devices, or by distance so that vehicles cannot protrude over publicly owned areas.
E.
Entrances and exits. The location and design of entrances and exits shall be in accord with the requirements of applicable local and state regulations and standards. Generally, there shall not be more than one entrance and one exit, and a combined entrance and exit shall be encouraged along any one street. Landscaping, curbing or approved barriers shall be provided along lot boundaries to control the entrance and exit of vehicles or pedestrians.
F.
Lighting. Adequate lighting shall be provided if off-street parking spaces are to be used at night. The lighting shall be arranged and installed to minimize glare on property in a residential district.
G.
Screening. When off-street parking areas for 10 or more automobiles are located closer than 50 feet to a lot located within a residential zoning district (Residential General or Residential Limited), without regard to whether an existing residential dwelling is located thereon or closer than 50 feet to any lot upon which is located a residential dwelling as a permitted use under this chapter, a continuous visual screen with a minimum height of six feet shall be provided between such parking areas or lots herein described and the residential lot. Such screen shall consist of a compact evergreen hedge or foliage screening or ornamental wall or fence.
§ 165-12 Trailer courts.
A.
Trailer courts shall be subject to an annual license for which a fee established by the Town Council shall be assessed, and no trailer court shall continue its operations without such annual license having been obtained.
B.
Area requirements. For each trailer space within a trailer court designed to accommodate one or more trailers, there shall be provided not less than 1,800 square feet of area, which shall front on an internal trailer court street, road or right-of-way.
C.
Width. Each trailer space shall have a minimum width of not less than 35 feet.
D.
Distance between trailers. Parking spaces for trailers shall be so arranged as to provide a distance of not less than 15 feet between adjacent trailers.
E.
Sanitary facilities. Each trailer space shall be provided with individual water and sewer connections.
F.
Electrical connections. Each trailer space shall be provided with electrical outlets installed in accordance with the National Electrical Code.
G.
Outside toilet forbidden. No trailer court shall have any outside toilet or toilet facilities which are not connected to a sewage disposal system.
§ 165-13 Conflicts with other provisions; greater restrictions to prevail.
Where the provisions of this chapter are in conflict with existing statutes, local ordinances or regulations, the most restrictive provisions of any of the above shall govern.
§ 165-14 Issuance of permits and licenses.
All departments, officials and public employees of the Town of Louisa which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this chapter and shall issue no such permit or licenses for uses, buildings or purposes where the same would be in conflict with the provisions of this chapter, and any such permit or license, if issued in conflict with the provisions of this chapter, shall be null and void.
§ 165-15 Violations and penalties.
[Amended 6-18-1991 by Ord. No. 1991-1; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing or permitting the violation of any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000. Such person, firm or corporation shall be deemed to be guilty of a separate offense for each and every day during which any portion of any violation of this chapter is committed, continued or permitted by such person, firm or corporation and shall be punishable as herein provided.