Certain types of commercial activities either require waterfront location, or are enhanced by such location. The purpose of this district is to provide a multi-use district allowing compatible and complementary water-dependent businesses. Certain limitations may be imposed to protect residential desirability of adjacent neighborhoods and enhance the town's tidal water resources. As a general rule, uses which do not require waterfront locations are not permitted in the B-W District.

(Code 1989, § 24-45; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997)

The following uses and structures shall be permitted by right in the Business-Waterfront District (B-W) subject to the provisions herein:

(1)

Marinas and yacht clubs, and servicing facilities for the same, including boat storage, fueling and repair of watercraft.

(2)

Marine sales and services.

(3)

Retail shops and outlets in seafood; marine related equipment and repairs.

(4)

Facilities for the landing, storage and shipment of seafood and shellfish. Specifically, those activities conducted by local waterman.

(5)

Boat ramps, dock, piers and related facilities.

(6)

Waterborne commerce, including docks and areas for the receipt, temporary storage, trans-shipment and freighting of waterborne commerce.

(7)

Recreational activities primarily conducted on a waterfront provided that such uses shall be contiguous to a waterfront.

(8)

Bulk storage and freighting of petroleum.

(9)

Signs, as permitted in article XI of this chapter.

(10)

Public utilities. Poles, lines, transformers, pipes, meters and similar facilities; water and sewer distribution lines.

(Code 1989, § 24-46; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997)

The following uses shall be permitted in the Business-Waterfront District (B-W), subject to all the other requirements of this chapter, only upon the obtaining of a special use permit from the town council:

(1)

Boat buildings.

(2)

Motels, hotels, inns and bed and breakfast type inns.

(3)

Office buildings.

(4)

Restaurants and soda fountains; restaurants in motels, hotels and inns.

(5)

Gift stores and specialty shops; retail business; gift stores, specialty shops and retail businesses in motels, hotels and inns.

(6)

Residential apartments above stores and offices. This shall exclude condominiums, as defined in the Code of Virginia, title 55, ch. 4.2, to § 55.1-1900.

(7)

Libraries and museums.

(Code 1989, § 24-47; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997)

Structures shall be located five feet or more from any street right-of-way.

(Code 1989, § 24-48; Ord. of 6-5-1962; Ord. of 3-24-1997; Ord. of 7-14-1997)

Buildings may be erected up to 35 feet or 2 ½ stories high, except that:

(1)

Accessory buildings shall be limited to 1 ½ stories high.

(2)

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

(Code 1989, § 24-49; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997)

(a)

No activity which involves the use or handling of any noxious materials (any materials which are injurious to health upon casual human exposure without protective clothing or other protective equipment), no materials which have an offensive odor, no waste and waste-related material, including materials for recycling and no radioactive materials shall be permitted in this district.

(b)

For permitted uses requiring an inventory of materials for onsite construction or repair, such materials shall be stored under cover.

(Code 1989, § 24-50; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997)