Mathews County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE 24
Village Mixed Use VMU District
§ 175-24.1 Intent.
This district is designed to accommodate a mixture of commercial activities (particularly those that are pedestrian-oriented), institutional/public uses and residential housing types that will complement existing village development and result in the most efficient and attractive use of the County's Court House Area Business District.
§ 175-24.2 Uses permitted by right.
[Amended 3-27-2018; 4-23-2019; 2-23-2021; 2-22-2022; 12-19-2023]
The following uses shall be permitted subject to all other requirements of this chapter as a matter of right in the Village Mixed Use (VMU) District:
D.
Art galleries and studios.
E.
Bakeries.
F.
Barber and beauty shops.
G.
Bed-and-breakfast establishments and inns.
H.
Churches and other places of worship.
J.
Coffee shops.
L.
Day-care centers.
M.
Dance studios.
N.
Drainage, erosion and flood-control facilities.
O.
Drug and variety stores.
P.
Dry cleaners and laundries.
S.
Financial institutions without drive-through windows.
T.
Flexible residential/business use with professional offices.
U.
Florist shops.
V.
Funeral homes.
W.
Hardware stores.
X.
Home appliance sales and service.
Z.
Medical and other professional offices.
AA.
Libraries.
BB.
Mobile food vending vehicle.
CC.
Museums.
DD.
Office buildings and business and governmental offices, including schools, post offices and fire, rescue squad and police stations.
EE.
Public park.
FF.
Public parking lot.
GG.
Radio and television broadcast studios excluding transmission towers.
HH.
Recycling location (dropoff) with a total capacity of 10 cubic yards or less.
II.
Residential apartments above ground floor commercial uses.
JJ.
Restaurants, dine-in or carry-out, which have no drive-through service. Service or consumption outside a fully enclosed structure is allowed.
KK.
Retail food stores.
LL.
Retail stores and shops.
NN.
Small-scale alcohol production facility.
OO.
Social, fraternal clubs and lodges.
PP.
Signs, subject to Article 13.
QQ.
Theaters, indoor.
TT.
Utility use, minor.
UU.
Veterinary hospital without kennels.
VV.
Wayside stand, roadside stand, wayside market.
§ 175-24.3 Conditional use permits.
The following uses shall be permitted in the Village Mixed Use District (VMU), subject to all the other requirements of this chapter, only upon obtaining a conditional use permit from the Board of Supervisors.
C.
Assisted living facility.
D.
Auto sales and repair.
F.
Convalescent, nursing or rest homes.
G.
Farmer's market.
H.
Financial institutions, with drive-through windows.
I.
Flexible residential/business use with a business use other than professional offices, subject to § 175-24.4.
K.
Hotels and motels.
L.
Local shopping centers.
M.
(Reserved)[2]
[2]
Editor's Note: Former Subsection L, which listed museums as a conditional use, was repealed 4-23-2019. See now § 175-24.2BB.
N.
Recreation and amusement enterprise.
O.
Recycling location (dropoff) with a total capacity in excess of 10 cubic yards.
P.
Self-storage facilities and offices.
Q.
Sewage treatment systems (private) where the subject lot or parcel shall be located outside the area identified by the Floodplain Management Ordinance of Mathews County[3] as being subject to inundation by waters of the one-hundred-year flood event.
S.
Utility use, major.
[Added 2-23-2021]
§ 175-24.4 Density and dimensional requirements.
A.
General standards.
Standard | Requirement | ||
|---|---|---|---|
Residential Density: | |||
All single-family attached and multifamily dwelling units as part of a mixed-use development | 6 dwelling units per acre (additional dwelling units per acre may be permitted with an approved CUP) | ||
Minimum lot area | None | ||
Minimum lot width | None | ||
Maximum lot coverage (See Note 1) | 80% (lot coverage may exceed 80% up to 100% with an approved CUP) | ||
Maximum setback from external right-of-way (See Note 2) | 30 feet | ||
Minimum setback from right-of-way for commercial/mixed-use buildings | 0 feet, or the average of adjacent buildings not to exceed 30 feet. | ||
Minimum setback from right-of-way for residential buildings | 20 feet | ||
Minimum rear yard: | |||
Single-family attached dwellings (duplexes, triplexes, quadruplexes and townhouses) | 20 feet (may include alley) | ||
Multifamily buildings (apartments) | 20 feet (may include alley) | ||
Commercial/mixed-use buildings | 0 feet, 10 feet when abutting a residential district (may include alley) | ||
Minimum side yard: | |||
Single-family attached dwellings | 10 feet (end unit) | ||
Multifamily buildings (apartments) | 10 feet (end unit) | ||
Commercial/mixed-use buildings | 0 feet, 10 feet when abutting a residential district (may include alley) | ||
Maximum height: (See Note 3) | |||
Commercial and mixed-use | 50 feet | ||
All attached and multifamily residential | 50 feet | ||
Accessory structures | 25 feet (may exceed 25 feet up to 50 feet with an approved CUP) | ||
NOTES: | |
|---|---|
Note 1: Maximum lot coverage requirement of 80% shall not apply to lots of record of 10,000 square feet or less existing at the time of adoption of the VMU District ordinance. | |
Note 2: Maximum setback requirements shall not apply to commercial or mixed-use buildings existing at the time of adoption of the VMU District. | |
Note 3: Architectural features such as chimneys, towers, belfries, cupolas, monuments, mechanical equipment, vents, spires, flag poles and/or similar architectural or structural features may exceed the height limits. Parapet walls may be up to four feet above the height of the building on which the walls rest. |
B.
Accessory structures. Accessory structures are permitted within the Village Mixed Use (VMU) District, provided such structures meet the following requirements:
(1)
Accessory structures shall meet the minimum setback requirements stipulated for principal buildings in this section. The minimum side and rear yard for accessory structures shall be five feet, except that when abutting a residential use or district the side and rear yard setbacks shall be 10 feet.
(2)
Accessory structures shall not be constructed in front of the principal buildings on a site.
(3)
Accessory structures shall not block or limit ingress to or egress from the site itself or any buildings on the site and such structures must comply with applicable building code, fire safety, ADA, and crime prevention standards.
(4)
Temporary outdoor seating arrangements may be located within the front setback and utilize a portion of the required sidewalk, provided that five feet of unimpeded way remains at all times.
C.
Design requirements. The following design requirements shall apply in the Village Mixed Use (VMU) District.
(1)
Public utilities. All new development in the Village Mixed Use (VMU) District shall be connected to and utilize public sewer and/or public water, where available, within the Mathews County Courthouse Sanitary District. Where new utility lines/cables are required for internal service to a new development/redevelopment project, such lines/cables shall be placed underground.
(2)
Internal circulation.
(a)
The use of rear alleys is encouraged. When accessed by a rear alleyway, lots are not required to front on a public or private street, provided such lots have direct access to a pedestrian way that provides no less than five feet of clear and unimpeded area and the distance between opposing buildings is at least 30 feet. Parking lot aisle and driveway widths shall be a minimum of 12 feet for one-way travel and 22 feet for two-way travel.
(3)
Main streets. Within each new development, the developer must designate an existing or planned roadway within or adjacent to the parcel as a main street, which would be subjected to the following conditions:
(a)
On main streets, at least 15% of the total first floor area of new mixed-use buildings fronting the street on any parcel shall be devoted to nonresidential uses. Any existing use may continue and may be expanded.
(b)
A primary pedestrian way providing no less than five feet of clear and unimpeded area shall be provided across the front of structures (on both sides of the street) that face the main street.
(c)
The first floor of buildings along main streets shall maintain 40% or more of their facade fronting the main street.
(d)
In infill situations, the main street(s) of adjacent parcels shall be continued across the infill parcel unless it is demonstrated to the satisfaction of the Zoning Administrator that it is unreasonable to do so and would not contribute to maintaining community continuity.
(4)
Pedestrian facilities.
(a)
A primary pedestrian way providing no less than five feet of clear and unimpeded area shall be provided across the front of structures (on both sides of the street) that face the main street. A pedestrian way (sidewalk) of no less than five feet of clear and unimpeded area shall be provided across the front of all other streets (both sides of the street), inclusive of residential, public and commercial uses.
(b)
All pedestrian ways shall be illuminated by outdoor lighting that is shielded or recessed and does not create intense glare or hinder night vision. Lighting shall not exceed 18 feet in height unless mounted on a building.
(c)
All pedestrian ways along a given street must adjoin one another or connect.
(d)
Street trees shall be provided along each sidewalk and road frontage with a goal of achieving tree canopy coverage of the sidewalk of between 30% and 70% at maturity. Street trees planted to meet this requirement shall be native species. Existing invasive species of trees shall be removed. Existing exotic species of trees shall also be removed unless an urban forester from the Virginia Department of Forestry shall determine that the exotic species poses no risk to native species and is suitable as a street tree.
(5)
Open space requirements. Open space, consisting of active or passive recreational/gathering space, shall be provided in accordance with the following:
(a)
A minimum of 200 square feet of open space shall be provided for each single-family attached or multifamily dwelling unit;
(b)
A minimum of 100 square feet of open space shall be provided for each 500 gross square feet of nonresidential space.
(c)
Minimum open space requirements may be satisfied by including common open spaces designed and improved as a plaza, square, green or landscaped courtyard within 100 feet of commercial buildings, mixed-use buildings, single-family attached dwelling units or multifamily dwelling units.
(6)
Building sizes and standards. The following building sizes and standards are applicable to new buildings and additions exceeding 50% of the original building's floor area.
(a)
Commercial and residential buildings shall not exceed 7,500 square feet gross floor area for an individual use or 15,000 square feet gross floor area for a mixed-use or multi-tenant building. Buildings exceeding this size may be allowed with a conditional use permit. Schools, public buildings and places of worship may exceed these sizes.
(b)
Building facades shall incorporate recesses, projections, porches/arcades, and/or windows along at least 20% of the length of the facade if located on designated main streets, the first floor of all buildings located on a main street must have 40% or more of their facade fronting the main street. Varying roof lines, projections/recesses, and other elements of architectural interest are encouraged to create an attractive streetscape.
(c)
Primary entrances to commercial and mixed-use buildings shall be clearly defined and recessed or framed by a sheltering element such as an awning, arcade or portico in order to provide shelter from the summer sun and inclement weather. Multiple building entrances are encouraged.
(d)
The use of architectural styles common in pre-1940 Tidewater Virginia and/or contemporary architectural design evocative of these periods is encouraged, contributing to Mathews County's unique sense-of-place. Unique architectural designs should avoid stylistically "modern" or "post-modern" architectural elements such as curtain-wall glass. Corporate trademark design should be avoided. Concrete masonry units, precast concrete panels, concrete block, vertical ribbed metal/sheet metal exteriors or highly reflective materials shall not be used as primary exterior finishes.
(7)
Preservation of historic structures and sites.
(a)
The preservation of historic structures and sites, including the adaptive reuse of historic structures, is encouraged. The setback and arrangement requirements of the mixed-use district that apply to new construction shall not apply to historic structures in their historic setting.
(b)
Historic structures, to the extent that such structures are nonconforming by reason of size, shape arrangement or location may be expanded or enlarged as a part of the adaptive reuse of such structures provided that the expansion or enlargement substantially preserves the historic shapes, facades, context and setting of the historic structure when viewed from public streets.
D.
Process for approval of development within the Village Mixed Use (VMU) District.
(1)
A preliminary site plan or preliminary subdivision plat shall be submitted for all development in the Village Mixed Use (VMU) District. Such preliminary site plan or preliminary subdivision plat shall comply with all relevant requirements established by the zoning, subdivision and other development ordinances in the County Code. Architectural plans containing building views from existing and proposed streets rendered in color shall be part of the submission.
(2)
In addition to showing the parcel or parcels proposed for development, the preliminary site plan or preliminary subdivision plat shall also show all existing development and utility infrastructure within 250 feet of the proposal for the purpose of documenting interconnections and designs of streets, driveways, pedestrian facilities, parking, and uses.
(3)
In reviewing individual site or subdivision plans within the VMU district, the Zoning Administrator and Planning Commission shall consider the purposes and intent of the mixed-use district and the underlying designation contained in the comprehensive plan and shall make specific findings in support of the action taken. The flexibility inherent in this designation shall constitute a broad grant to the Zoning Administrator and Planning Commission to consider and approve reasonable modifications that are consistent with the overall spirit and intent of the district and the underlying comprehensive plan. Any action taken by the Zoning Administrator and/or Planning Commission shall be based on the following guidelines:
(a)
The mixed-use district is intended to involve a mixture of land uses on a smaller, pedestrian scale. Residential uses that exceed 60% of the gross area of a parcel as part of a mixed-use development or redevelopment project shall require approval of a conditional use permit.
(b)
The scale, design and attention to detail of structures within the mixed-use district are critical to carrying out the vision of the comprehensive plan.
(c)
Structures are intended to be located close to the street with all parking located either on-street or to the side or rear of principal structures.
(d)
Sidewalks and sitting areas are intended to be located between streets and buildings.
(e)
The mixed-use district is intended to have provisions for public plazas, parks, and other gathering places.
(f)
The mixed-use district provisions are not intended to create or cause development to have adverse impacts on the health, safety, or general welfare of the general public.
(4)
All development and/or redevelopment in the district requires approval of a site plan and/or plan of development in accordance with Articles 17 and 22 of this chapter, as applicable.
(5)
Plats and plans, upon approval, may be executed in any reasonable phased approach that provides for a rational extension of public infrastructure to serve the phases.
§ 175-24.5 Sign regulations.
Sign regulations shall conform to Article 13 of this chapter.
§ 175-24.6 Off-street parking and loading regulations.
Off-street parking and loading shall conform to Article 12 of this chapter.