(a)

The Single-Family Residential District (R-1A through R-1C and R-2) are composed of certain quiet, low-density residential areas plus certain open areas where similar residential development is recommended to occur by the town plan. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, and to promote and encourage a suitable environment for family life where there are children and to prohibit all activities of a commercial nature. To these ends, development is limited to a relatively low concentration, and permitted uses are basically limited to single-unit dwellings providing homes for the residents, plus certain additional uses, such as municipal parks, churches and certain public facilities that serve the residents of the district. It shall be a condition of issuance of a special use permit that the owner of the dwelling within which the apartment is located actually reside within the dwelling itself.

(b)

In recognition of the fact that the town contains a large variety of lot sizes in the Single-Family Residential District (R-1A through R-1C), and to provide a zone in which manufactured housing is a use by right, three separate zones have been created.

(c)

In order to minimize non-conformance, where significant clusters of small lots exist in a neighborhood, they have been designated as R-1B Districts. Front setback lines, street frontages, yard regulations and lot depths in R-1A and R-1B Districts differ for these reasons. All other regulations in these two zones are the same.

(d)

The R-1C District has been created, at the request of the residents in these neighborhoods, in order to provide areas in the town where manufactured homes are permitted. All other regulations in R-1C Districts are the same as R-1B Districts.

(e)

R-1A, R-1B and R-1C Districts designations appear on the official zoning map for the town.

(Code 1989, § 24-14; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997)

The following uses shall be permitted subject to all the other requirements of this chapter as a matter of right in the Single-Family Residential District (R-1):

(1)

Single-family dwellings, excluding manufactured homes, in R-1A and R-1B Districts.

(2)

Single-family dwellings, to include manufactured homes of 28 feet wide and 24 feet in length or larger, in R-1C Districts.

(3)

Accessory buildings permitted as defined in section 38-1.

(4)

Public utilities. Poles, distribution lines, distribution transformers, pipes, meters and other facilities necessary for the provision and maintenance of public utilities, including water and sewerage facilities. Transmission lines, transmission towers, and electrical substations are not deemed necessary facilities under this section.

(5)

Home occupations, provided that:

a.

No person other than members of the family residing on the premises shall be engaged in such occupation.

b.

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25 percent of the floor area of the dwelling unit or 25 percent of said floor area if conducted in an accessory building, shall be used in the conduct of the home occupation.

c.

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding four square feet in area, non-illuminated.

d.

There shall be no sales to the general public other than items handcrafted or improved on the premises. Items purchased for resale on the premises are considered retail business and not allowed as a home occupation.

e.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in the front yard.

f.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family dwelling, or outside the dwelling unit if conducted in other than a single-family dwelling. In the case of the electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or televisions receivers off the premises, or causes fluctuations in line voltage off the premises.

(Code 1989, § 24-15; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997)

The following uses shall be permitted in the Single-Family Residential District (R-1), subject to all the other requirements of this chapter, only upon the obtaining a special use permit, as defined in article XV of this chapter, from the town council:

(1)

Each dwelling unit shall be permitted not more than one apartment, which shall be contained within the dwelling unit itself. It shall be a condition of issuance of a special use permit that the owner of the dwelling within which the apartment is located reside within the dwelling itself.

(2)

Bed and breakfast houses. Each dwelling unit may be permitted not more than five guestrooms in which overnight accommodations may be offered to transients and operators must live on site.

(3)

Homestay. For this subsection, the term "homestay" means a home occupation in which an individual owns a dwelling and provides lodging in all or any portion thereof for temporary periods of times not to exceed three weeks. Other terms used for this type of business include "short-term rental," as defined by Code of Virginia, § 15.2-983, and "STR." Examples of these include but are not limited to Air B&B, VRBO, or any other online or private travel agent or agency.

Definition: Owner: the individual, jointly with spouse, or jointly held, whether full or partial owner, or the holder of an interest in the entity that owns any property or portion thereof.

a.

Every short-term rental must obtain a business license and maintain compliance with its requirements.

b.

Every short-term rental must obtain a special use permit from the town. Special use permits for STRs expire three-years from the date of issuance. A renewal application may be submitted for consideration by town council following the application process in place at the time of the renewal request.

c.

Upon receipt of a special use permit, STR permittees shall register with the town's "short-term rental registry".

d.

Every homestay is required to submit transient occupancy tax (TOT) as per chapter 16, article IV herein, and in compliance with state law.

e.

The current owner or, in the case of a property sale contingent on securing the special use permit, the prospective purchaser must apply for the special use permit. In the case of a contingent sale, the current owner and prospective purchaser may apply jointly.

f.

A local property owner (defined as an owner having permanent full-time residence within the corporate limits of the Town of Onancock, VA) may be permitted to operate one STR at a location that is not the property owner's principal residence which is owned by the resident. A non-resident property owner may not operate more than one STR, or any portion thereof, within the town limits. Permit applicants must disclose the identity of all ownership interests in the proposed STR property.

g.

Every homestay must provide local contact information for a responsible party who will be available 24 hours a day, seven days a week, to respond to, and resolve issues and complaints that arise during a period in which the dwelling is being used for transient occupancy. This contact information will be made available to all adjoining property owners and to the Onancock Police Department.

h.

There must be a minimum of 200 linear feet (measured from the water meter for the property or the center of the street frontage, depending on the location of the meter), plus one tax parcel as defined by Accomack County, between properties allowed for use as homestay properties. This includes all contiguous parcels in front, behind, and on both sides. Natural separations, such as the creek, automatically create an appropriate barrier between homestay structures.

i.

The number of overnight guests will be determined by the zoning administrator in consultation with the property owner. Properties will allow no more than two guests per bedroom and no more than four persons for each full bathroom. Nuclear families with children under the age of 18 are not limited to the number of guests allowed. The property must provide off-street parking for one vehicle for every four guests.

j.

The owner of the property must annually provide the town with proof of insurance for property damage and liability in an amount no less than the full replacement value of the structure as it exists at the time of application and an amount of liability coverage no less than $1,000,000.00 per occurrence and $2,000,000.00 in aggregate.

k.

The homestay shall comply with all applicable town, county, state and federal statutes, regulations, and ordinances.

l.

The town reserves the right to inspect the property based on complaints to verify that the homestay is being operated in accordance with the regulations set forth within this section.

m.

The special use permit may be revoked by the zoning administrator for failure to comply with any of the terms and conditions set forth herein.

(4)

Enforcement. Violations of the terms or conditions of a special use permit issued hereunder shall be subject to enforcement pursuant to the provisions of this chapter.

(Code 1989, § 24-16; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Ord. of 7-27-1998; Ord. of 2-27-2017, § 24-16(c); Ord. of 2-28-2022(2); Ord. of 12-19-2022(1))

The following area regulations shall apply in the Single-Family Residential District (R-1):

(1)

For residential lots containing or intending to contain a single-family dwelling, the minimum lot area shall be 10,000 square feet.

(2)

For lots wider than 75 feet the minimum depth of the lot shall be 100 feet.

(Code 1989, § 24-17; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997)

The following setback regulations shall apply in the Single-Family Residential District (R-1):

(1)

Buildings in R-1A Districts shall be located 35 feet or more from any street right-of-way. When a structure is to be built in an area where there are existing structures, the minimum setback may be waived by the zoning administrator to allow the setback line to be the average setback of the structures fronting on either side.

(2)

Main buildings should be set back 35 feet from the street.

(3)

Accessory buildings in R-1A Districts shall be located 35 feet or more from any street right-of-way. No accessory building shall be located closer to the front than the main dwelling. When a structure is to be built in an area where there are existing structures, the minimum setback may be waived by the zoning administrator to allow the setback line to be the average setback of the structures fronting on either side.

(4)

Buildings in R-1B and R-1C Districts shall be located ten feet or more from any street right-of-way. When a structure is to be built in an area where there are existing structures, the minimum setback may be waived to allow the setback line to be the average setback of the structures fronting on either side.

(5)

Main buildings in R-1B and R-1C Districts should be set back ten feet from the street.

(6)

Accessory buildings in R-1B and R-1C Districts shall be located ten feet or more from any street right-of-way. No accessory building shall be located closer to the front than the main dwelling. When a structure is to be built in an area where there are existing structures, the minimum setback may be waived by the zoning administrator to allow the setback line to be the average setback of the structures fronting on either side.

(Code 1989, § 24-18; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Amd. of 1-10-2000)

The following frontage regulations shall apply in the Single-Family Residential District (R-1):

(1)

For single-family dwellings and all other permitted uses in the R-1A District, there shall be a minimum lot width at the setback line of 75 feet and a minimum frontage on a public street of 75 feet. All lots shall front on a public street to be used for any uses permitted in this district.

(2)

For single-family dwellings and all other permitted uses in the R-1B and R-1C Districts, there shall be a minimum lot width at the setback line of 50 feet and a minimum frontage on a public street of 50 feet. All lots shall front on a public street to be used for any uses permitted in this district.

(Code 1989, § 24-19; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997)

The following yard regulations shall apply in the Single-Family Residential District (R-1):

(1)

Main buildings in the R-1A District.

a.

Side. The minimum side yard shall be ten feet and the total width of the two required side yards shall be 25 feet or more.

b.

Rear. Each main building shall have a rear yard of 25 feet or more.

c.

Buildings. Each building shall have a 35-foot setback from the street.

(2)

Accessory buildings in the R-1A District.

a.

Street setback. Each accessory building shall have a street setback of 35 feet.

b.

Side. The minimum side yard shall be three feet.

c.

Rear. Each accessory building shall have a rear yard of three feet or more.

(3)

Main buildings in the R-1B and R-1C Districts.

a. Side. The minimum side yard shall be five feet and the total width of the two required side yards shall be 15 feet or more.

b. Rear. Each main building shall have a rear yard of 25 feet or more.

(4)

Accessory buildings in the R-1B and R-1C Districts.

a.

Side. The minimum side yard shall be three feet.

b.

Rear. Each accessory building shall have a rear yard of three feet or more.

(5)

Fence regulations in the R1-A, R1-B and R1-C Districts.

a.

All fences may be erected to within one inch of the property line except that a fence or wall must be two feet from any sidewalk, alley or public right-of-way.

b.

All fences closer to the front lot line than a point even with the front of the main structure shall have a maximum height of four feet.

c.

All fences closer to the front lot line than a point even with the front of the main structure shall be at least 30 percent open space.

(Code 1989, § 24-20; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Amd. of 1-10-2000; Amd. of 5-22-2000)

Buildings in the Single-Family Residential District (R-1) may be erected up to 2 ½ stories and 35 feet in height, except that:

(1)

Public utility structures, church spires, belfries, cupolas, water towers, chimneys, flues, 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.

(2)

No accessory building which is within ten feet of any part of a lot line shall be more than one story high. All accessory buildings shall be less than the main buildings in height.

(Code 1989, § 24-21; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997)

The following provisions shall apply to corner lots in the Single-Family Residential District (R-1):

(1)

Of the two sides of a corner lot the front shall be deemed to be the shortest of the two sides fronting on streets with frontage setback line, side yard and rear yard requirements to be determined accordingly.

(2)

The side yard on the side facing the side street shall be ten feet or more for both main and accessory building. Television antennas, including satellite dish antennas, and other types of communications antennas and/or towers and similar structures shall not be closer to the side street than the minimum side yard line or the portion of the main structure, not including porches, nearest to the side street, whichever is the greatest distance.

(3)

All fences in side yard exceeding four feet in height closer to the side street than the main structure shall require a special use permit, as set out in article XV of this chapter, from the town council. All property owners contiguous to the applicant's property or immediately across any street abutting the applicant's property shall be notified of the public hearing by certified mail mailed at least ten days prior to the public hearing to the last known address as shown on the town's real estate tax records.

(Code 1989, § 24-22; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Amd. of 5-22-2000)