For the purpose of promoting the health, safety or general welfare of the public and of further accomplishing the objectives of the Code of Virginia, § 15.2-2200, this chapter is adopted as the zoning ordinance of the town, together with the zoning map. This chapter has been designed to:

(1)

Provide for adequate light, air, convenience of access and safety from fire, flood, crime and other dangers;

(2)

Reduce or prevent congestion in the public streets;

(3)

Facilitate the creation of a convenient, attractive and harmonious community;

(4)

Facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports and other public requirements;

(5)

Protect against destruction of or encroachment upon historic areas;

(6)

Protect against one or more of the following: overcrowding of land, undue density of population in relation to the community facilities existing or available, obstruction of light and air, danger and congestion in travel and transportation, or loss of life, health or property from fire, flood, panic or other dangers;

(7)

Encourage economic development activities that provide desirable employment and enlarge the tax base.

(Ord. of 11-12-1992(1), § 12-3)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abattoir means a commercial slaughterhouse.

Accessory use means a subordinate use customarily incidental to and located upon the same lot occupied by the main use or building.

Accessory, private means a semipublic ingress and egress easement dedicated to one or more lots at the time of subdivision for the purpose of pedestrian and vehicle access to a public street. Any such easement shall be maintained by its supporting lots as set out in this chapter.

Administrator means the town council, which is charged with the enforcement of this chapter, or any person whom the council designates as the zoning administrator.

Alteration means any change in the floor area, use, adaptability or external appearance of an existing structure.

Apartment means a portion of a structure designed as a dwelling unit, and ancillary to the principal use of the structure.

Automobile graveyard means any lot or place which is exposed to the weather upon which more than three motor vehicles of any kind, incapable of being operated, and which it would not be economically practical to make operative, are placed, located or found.

Basement means a story having part but not more than one-half of its height below grade. A basement shall be counted as a story for the purpose of height regulations, if it is used for business purposes, or for dwelling purposes by other than a janitor employed on the premises.

Boardinghouse means a building where, for compensation, lodging and meals are provided for at least five and up to 14 persons.

Building means any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattels.

Building, accessory means a subordinate structure customarily incidental to and located upon the same lot occupied by the main structure. No such accessory structure shall be used for housekeeping purposes.

Building, height of means the vertical distance measured from the level of the curb or the established curb grade opposite the middle of the front of the structure to the highest point of the roof if a flat roof; to the deck line of a mansard roof; or to the mean height level between the eaves and ridge of a gable, hip or gambrel 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.

Building, main means the principal structure or one of the principal buildings on a lot, or the building or one of the principal buildings housing the principal use on the lot.

Business sign means a sign which directs attention to a product, commodity or service available on the premises.

Cellar means a story having more than one-half of its height below grade and which may not be occupied for dwelling purposes.

Church means a building the primary use of which is for assembly of persons for religious purposes.

Commission means the planning commission of the town.

Conditional use permit means a permit issued by the council for a use allowed as a conditional use in a designated district after evaluation of the impact and compatibility of such use. A conditional use permit shall stipulate such conditions and restrictions, including any such conditions contained in this chapter, as will ensure the use being compatible with the neighborhood in which it is to be located. Where that cannot be accomplished, the council shall deny the use as not in accord with adopted plans and policies or as being incompatible with existing uses or development permitted by right in the area. The council may require a bond in an amount sufficient to protect the public interest. The council may also require proof of insurance.

Directional sign means a sign, one end of which may be pointed, or on which an arrow may be painted, indicating the direction to which attention is called, four square feet or less in the area, giving the name only of the farm or business responsible for the erection of such sign.

District means a district as referred to in Code of Virginia, § 15.2-2280.

Dwelling means any structure which is designed with dwelling units for residential purposes, except hotels, boardinghouses, lodginghouses, tourist cabins, recreational vehicles and mobile homes.

Dwelling, attached single-family, i.e. townhouse means a single-family dwelling unit being one of a group of not less than three, nor more than eight units in a series separated from one another by party walls without doors, windows or other provisions for human passage or visibility through such walls from basement to roof.

Dwelling, multiple-family means a structure arranged or designed with three or more dwelling units.

Dwelling, single-family means a structure arranged or designed to be occupied by one family, the structure having only one dwelling unit. This definition excludes a mobile home as defined.

Dwelling, two-family means a structure arranged or designed to be occupied by two families, the structure having only two dwelling units.

Dwelling unit means one or more rooms designed for residential living purposes containing at least one bath and kitchen facility.

Family means one or more persons occupying premises and living in a single dwelling unit, as distinguished from an unrelated group occupying a boardinghouse, lodginghouse, tourist home or hotel.

Family care home, foster home or group home means a residential structure established to serve mentally retarded or other developmentally disabled persons, not related by blood or marriage.

Front yard means an open space on the same lot as a building between the front line of the building (excluding steps) and the front lot or street line, and extending across the full width of the lot.

Frontage means the minimum width of a lot measured from one side lot line to the other along a straight line on which no point shall be farther away from the street upon which the lot fronts than the building setback line, as defined, as required in this chapter.

Garage, private means an accessory building designed or used for the storage of not more than three automobiles owned and used by the occupants of the building to which it is accessory. On a lot occupied by a multiple-unit dwelling, the private garage may be designed and used for the storage of 1½ times as many automobiles as there are dwelling units.

Garage, public means a building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, renting, selling or storing motor-driven vehicles.

General advertising sign means a sign which directs attention to a product, commodity or service not necessarily available on the premises.

Guestroom means a room which is intended or designed to be occupied, or which is occupied, by one or more guests paying direct or indirect compensation therefor, but in which no provision is made for cooking. Dormitories are excluded.

Home garden means a garden in a residential district for the production of vegetables, fruits and flowers generally for use and/or consumption by the occupants of the premises.

Home occupation means an occupation carried on by the occupant of a dwelling as a secondary use in connection with which there is no display and where no person is employed other than members of family residing on the premises, such as the rental of rooms to tourists, the preparation of food products for sale and similar activities and professional offices such as medical, dental, legal, engineering and architectural conducted within a dwelling by the occupant.

Home occupation sign means a sign not exceeding four square feet in area directing attention to a product, commodity or service available on the premises, but which product, commodity or service is clearly a secondary use of the dwelling.

Hotel means a building designed or occupied as the more or less temporary abiding place for 14 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.

Identification sign means one sign, not exceeding 16 square feet in area, for the purpose of showing the name and use of a convent, monastery, seminary, subdivision, church, country club, sanitorium, cemetery, children's home, orphanage, fraternal organization, hospital or other similar establishment, which use is permitted in a residence zone as specified in this chapter, and such sign is erected or displayed on the property as identified.

Junkyard means an establishment or place of business which is maintained, operated, or used for storing, keeping, buying or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills.

Kennel means any place in which more than three dogs, more than six months of age, are kept, or any number of dogs are kept for the purpose of sale or rental or in connection with boarding, care or breeding, for which any fee is charged.

Location sign means a sign which directs attention to the approximate location of an establishment from which the advertised product may be obtained.

Lot means a parcel of land abutting on a public street, occupied or intended to be occupied by a principal building or use and its accessory building and use, including all open spaces required by this chapter, or in the case of a townhouse, as defined, the piece or parcel of land occupied or to be occupied by it and its yards abutting on a public street or private accessway. In the case of land not transferred for sale a measured parcel of land having fixed boundaries and designated on a plat or survey.

Lot, corner means a lot abutting on two or more streets at their intersection. Of the two sides of a corner lot, the front shall be deemed to be the shortest of the two sides fronting on streets.

Lot, depth of means the average horizontal distance between the front and rear lot line.

Lot, double frontage means an interior lot having frontage on two streets.

Lot, interior means any lot other than a corner lot.

Lot of record means a lot which has been recorded in the clerk's office of the circuit court.

Lot, width means the width of any lot at the setback line, calculated by measuring back a uniform distance from the street line as required by the setback regulation. If the street line curves or angles, then the setback line shall also curve or angle uniformly with the street line; and the lot width shall be calculated along the curve or angle setback line.

Manufacture and/or manufacturing means the processing and/or converting of raw, unfinished materials or products, or either of them, into articles or substances of different character, or for use for a different purpose.

Manufactured home means a structure subject to federal regulation which is transportable in one or more sections; is eight-body feet or more in width and 40-body feet or more in length in the traveling mode; or is 320 or more square feet when erected on a site; is built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air conditioning and electrical systems contained in the structure. For purposes of this chapter, a manufactured home must meet the standards promulgated by the United States Department of Housing and Urban Development (HUD), published at 24 CFR 3280, including the ANSI standards incorporated therein by reference. For purposes of this chapter, a manufactured home must bear a data plate declaring that it meets HUD standards.

Mobile home means the same as manufactured home.

Mobile home park or subdivision means any area designed to accommodate one or more mobile homes intended for reuse where residence is in mobile homes exclusively.

Motor home means a fully self-contained unit which is built on a truck or bus chassis and is designed as temporary living accommodations for recreation, camping and travel use.

Nonconforming activity means the otherwise legal use of a building or structure or of a tract of land that does not conform to the use regulations of this chapter for the district in which it is located, either at the effective date of the ordinance from which this section derives, or as a result of subsequent amendments to such ordinance or this chapter.

Nonconforming lot means an otherwise legally platted lot that does not conform to the minimum area or width requirements of this chapter for the district in which it is located either at the effective date of the ordinance from which this section derives, or as a result of subsequent amendments to such ordinance or this chapter.

Nonconforming structure means an otherwise legal building or structure that does not conform with the lot area, yard, height, lot coverage, or other area regulations of this chapter, or is designed or intended for a use that does not conform to the use regulations of this chapter for the district in which it is located, either at the effective date of the ordinance from which this section derives, or as a result of subsequent amendments to such ordinance or this chapter.

Off-street parking area or bay means space provided for vehicular parking outside of the dedicated street or accessway right-of-way. Each space shall be at least nine feet by 20 feet, and accessible from a public right-of-way.

Public water and sewer systems means a water or sewer system owned and operated by the town, or owned and operated by a private individual or a corporation approved by the council, and properly licensed by the state corporation commission, and subject to special regulations as set forth in this chapter.

Rear yard means an open, unoccupied space on the same lot as a building between the rear line of the building (excluding steps) and the rear line of the lot and extending the full width of the lot.

Recreational vehicle means a vehicular-type structure designed as temporary living accommodations for recreation, camping and travel use. There are four basic types of recreational vehicles: travel trailers, motor homes, truck campers and camping trailers.

Required open space means any space required in any front, side or rear yard.

Restaurant means any building in which, for compensation, food or beverages are dispensed for consumption on the premises, including, among other establishments, cafes, tearooms or confectionery shops.

Retail stores and shops means buildings for display and sale of merchandise at retail or for the rendering of personal services (but specifically excluding coal, wood and lumberyards) such as the following, which will serve as illustration: drugstore, newsstand, foodstore, candy shop, milk dispensary, dry goods and notions store, antique store and gift shop, hardware store, household appliance store, furniture store, florist, optician, music and radio store, tailor shop, barbershop and beauty shop.

Setback means the minimum distance by which any building or structure must be separated from the front lot line.

Side yard means an open, unoccupied space on the same lot as a building between the sideline of the building (excluding steps) and the sideline of the lot, and extending from the front yard line to the rear yard line.

Sign means any display of any letters, words, numerals, figures, devices, emblems, pictures, or any parts or combinations thereof, by any means whereby the same are made visible for the purpose of making anything known, where such display is made on, attached to, or as part of a structure, surface or any other thing including, but not limited to, the ground, any rock, tree, or other natural object, which display is visible beyond the boundaries of the parcel of land on which the same is made. A display of less than one square foot in area is excluded from this definition.

Sign structure means the supports, uprights, bracing and framework of any sign, whether it is single-faced, double-faced, V-type or otherwise exhibiting sign.

Store means retail stores and shops.

Story means 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. If there is no floor above it, the word "story" means the space between the floor and the ceiling next above it.

Story, half means 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 two-thirds of the floor area is finished off for use.

Street or road means a public thoroughfare which affords the principal means of access to abutting property.

Street line means the dividing line between a street or road right-of-way and the contiguous property.

Structure means anything constructed or erected, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground. This includes, among other things, dwellings, buildings and signs.

Temporary sign means a sign applying to a seasonal or other brief activity such as, but not limited to, summer camps, horse shows, auctions or sale of land. Temporary signs shall conform in size and type to direction signs.

Tourist home means a dwelling where only lodging is provided for compensation for up to 14 persons (in contradistinction to hotels and boardinghouses) and open to transients.

Travel trailer means a vehicular structure mounted on wheels, which is designed as temporary living accommodations for recreation, camping and travel use. A travel trailer can be easily towed by automobile or small truck and does not require special highway movement permits.

Truck camper means a portable structure designed to be loaded onto or affixed to the bed or chassis of a truck. It is designed to be used as temporary living accommodations for recreation, camping and travel use.

Variance means a reasonable deviation from those provisions regulating the size or area of a lot or parcel of land or the size, area, bulk or location of a building or structure when the strict application of this chapter would result in unnecessary or unreasonable hardship to the property owner, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the intended spirit and purpose of this chapter, and would result in substantial justice being done.

Wayside stand, roadside stand or wayside market means any structure or land used for the sale of agricultural or horticultural produce, livestock or merchandise produced by the owner or his family on their farm.

Yard means an open space on a lot (other than a court) unoccupied and unobstructed from the ground upward, except as otherwise provided for in this chapter.

Zoning permit means a document issued by the zoning administrator authorizing the use of lots and structures, and the characteristics of uses.

(Ord. of 11-12-1992(1), § 12-1; Ord. of 12-11-2003)

Cross reference— Definitions generally, § 1-4.

(a)

Any person, whether as principal, agent, employee or otherwise, violating, causing or permitting the violation of any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, may be fined not less than $10.00 nor more than $1,000.00. Such person shall be deemed to be guilty of a separate offense for each day during which any portion of any violation of this chapter is committed, continued or permitted by such person.

(b)

In addition to the penalties in subsection (a) of this section, all other actions are hereby reserved, including an action in equity for the proper enforcement of this chapter. The imposition of a fine or penalty for any violation of, or noncompliance with, this chapter shall not excuse the violation or noncompliance to permit it to continue; and all such persons shall be required to correct or remedy such violations or noncompliances within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this chapter may be declared by the council to be a public nuisance and abatable as such. Flood insurance may be withheld from structures constructed in violation of this chapter.

(Ord. of 11-12-1992(1), § 12-2)

For the purpose of this chapter, the incorporated area of the town is hereby divided into the following districts:

R-1 residential

B-1 business

I-1 limited industrial

PR-1 park and recreational

Floodplain overlay district

ms 1509, line drawing

(Ord. of 11-12-1992(1), § 12-4)

All department, officials and public employees of this jurisdiction which are vested with the duty and authority to issue permits or licenses shall conform to the provisions of this chapter. They shall issue permits for uses, buildings or purposes only when they are in harmony with the provisions of this chapter. Any such permit, if issued in conflict with the provisions of this chapter shall be null and void.

(Ord. of 11-12-1992(1), § 12-5)

Cross reference— Licenses generally, § 22-36 et seq.

The council shall establish a schedule of fees, charges, expenses and required materials, and collection procedures for appeals, and other matters pertaining to this chapter. The schedule of fees which is adopted by reference and declared to be a part of this chapter shall be posted in the town office and may be altered or amended only by the council.

(Ord. of 11-12-1992(1), § 12-6)

(a)

Buildings or structures shall be started, reconstructed, enlarged or altered only after a zoning permit has been obtained from the administrator.

(b)

Each application for a zoning permit shall be accompanied by three copies of a scale drawing. The drawing shall show the size 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, and the location of such building or use with respect to the property lines of the parcel of land and to the right-of-way of any street or highway adjoining the parcel of land. Any other information which the administrator may deem necessary for consideration of the application may be required. If 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. One copy of the drawing shall be returned to the applicant with the permit.

(Ord. of 11-12-1992(1), § 12-7)

Builders and occupiers of land will obtain needed certificates of occupancy from the county.

(Ord. of 11-12-1992(1), § 12-8)

(a)

The purpose of the special use procedure is to provide for certain uses which, by their nature, can have an undue impact upon or be incompatible with other uses of land within a certain zoning district and therefore require the exercise of planning judgment.

(b)

The council, under the provisions of this section, shall evaluate the impact and compatibility of each such use, and shall specify such condition and restrictions as will ensure the use being compatible with the area in which it is to be located; or where that cannot be accomplished, shall deny the use as not in accord with adopted plans and policies or as being incompatible with the existing uses permitted by right in the area.

(c)

In consideration of an application filed with the zoning administrator, the council may authorize the establishment of those uses that are expressly listed as special uses in a certain zoning district; however, no such special use procedure shall be required for a use allowed as a permitted use in such district. Any special use which is approved by the council shall be deemed to be a permitted use on the lot on which it is thus permitted.

(d)

A special use shall be approved only if its design, location, construction, method of operation, special characteristics and other aspects satisfy the following standards:

(1)

The proposed use at the stipulated location shall be in accordance with the official policies of an adopted comprehensive plan, and with any specific element of such plan.

(2)

The proposed use shall be in accordance with the general purpose and intent of the applicable zoning district requirements.

(3)

The proposed use shall not adversely affect the use or values of surrounding properties and structures.

(4)

The proposed use shall not adversely affect the health, safety or general welfare of persons residing or working in the neighborhood.

(5)

Pedestrian and vehicular traffic generated by the proposed use shall not be hazardous or conflict with the existing and anticipated traffic in the neighborhood.

(6)

Utility, drainage, parking, loading and other necessary facilities provided to serve the proposed use shall be adequate.

(Ord. of 11-12-1992(1), § 12-9)

If in any district established under this chapter, a use is not specifically permitted and an application is made by a property owner to the planning commission for such use, the planning commission shall review the application and make its recommendations to the council within 60 days. If the recommendation of the planning commission is approved by the council, this chapter shall be amended to list the use as a permitted use or a use allowed with a conditional use permit in that district, henceforth. Both the planning commission and council shall hold a public hearing in connection with this after advertising according to Code of Virginia, § 15.2-2204.

(Ord. of 11-12-1992(1), § 12-10)

There shall be provided at the time of erection of any main building, or at the time any main building is enlarged or undergoes any change in use such as a rezoning of the parcel upon which the building is constructed, minimum off-street parking space with adequate provision for entrance and exit by standard size automobiles, as follows:

(1)

In all residential districts there shall be provided, either in a private garage or on a lot, one and one-half spaces for the parking of one automobile for each dwelling unit located on such lot or parcel.

(2)

Tourist homes, motels, and hotels shall provide, on the lot, parking space for one automobile for each accommodation.

(3)

For tourist courts, apartments, and apartment motels, at least one and one-half parking space for each individual sleeping or living unit.

(4)

Parking space as required in the foregoing shall be on the same lot with the main building, except that in the case of buildings other than dwellings, spaces may be located as far away as 600 feet.

(Ord. of 11-12-1992(1), § 12-11; Ord. of 4-8-99, § 1; Ord. of 3-14-2002, § 1)

Editor's note— Ord. of 4-8-99, § 1, set out provisions to amend minimum off-street parking. At the editor's discretion, these provisions have been included as § 110-11 to read as herein set out. See the Code Comparative Table.

Cross reference— Parking generally, § 90-156 et seq.

The planning commission shall prepare and present a zoning plan of the annexed area within six months to the council.

(Ord. of 11-12-1992(1), § 12-12)

(a)

On any corner lot in a residential or commercial district, trees, shrubs, flowers or plants shall not be permitted or maintained on any required front, side or rear yard, if they interfere with the safe use of the public street or sidewalk. Such landscape features shall be permitted in any required front, side or rear yard, provided that they do not interfere with public safety and do not produce a hedge effect contrary to this subsection.

(b)

The setback and yard requirements of this chapter shall not be deemed to prohibit any otherwise lawful fence or wall which is not more than four feet high; however, a fence or wall along the rear lot line and along the side lot line to the rear of the required setback line may be erected to a height not exceeding seven feet.

(Ord. of 11-12-1992(1), § 12-13)

It shall be unlawful for any person to maintain or operate any automobile graveyard within the limits of the town.

(Ord. of 11-12-1992(1), § 12-14)

Cross reference— Traffic and vehicles, ch. 90.

Where this chapter conflicts with chapter 106, article II of this Code, or chapter 106, article II of this Code is more restrictive than this chapter, chapter 106, article II of this Code controls.

(Ord. of 11-12-1992(1), § 12-15)