Shenandoah County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE III
District Regulations
§ 165-11 Conservation District (C-1).
[Amended 6-8-1982; 1-24-1985; 4-8-1986; 6-9-1987; 11-14-1989; 12-12-1989; 7-9-1991; 9-10-1991; 11-8-1994; 6-13-1995; 5-28-1996; 11-26-1996 by Ord. No. 96-3; 9-23-1997 by Ord. No. 97-7; 3-28-2000 by Ord. No. 00-2; 5-23-2000 by Ord. No. 00-6; 6-26-2001 by Ord. No. 01-6; 11-27-2001 by Ord. No. 01-8; 1-22-2002 by Ord. No. 02-1; 1-22-2002 by Ord. No. 02-2; 2-25-2003 by Ord. No. 2003-2; 6-24-2003 by Ord. No. 2003-4; 11-25-2003 by Ord. No. 2003-7; 8-24-2004 by Ord. No. 2004-10; 3-22-2005 by Ord. No. 2005-4; 4-24-2007 by Ord. No. 2007-08; 4-24-2007 by Ord. No. 2007-09; 6-26-2007 by Ord. No. 2007-14; 4-22-2008 by Ord. No. 2008-5; 5-27-2008 by Ord. No. 2008-6; 5-25-2010 by Ord. No. 2010-05; 12-14-2010 by Ord. No. 2010-14]
A.
Statement of intent. This district covers portions of the County which are occupied by various open uses, such as forests, recreation areas, farms, lakes or streams. Uses not consistent with the existing character of this district are not permitted. Real property in this zoning classification may be subdivided only in accordance with § 142-3.1 of the Code of Shenandoah County.
B.
Uses. In this district, structures to be erected or land to be used shall be for one or more of the following uses:
(1)
Uses permitted by right:
(a)
General farming, agriculture, dairying and forestry. See Article XI for poultry and hog regulations.
(b)
Conservation preserves.
(c)
Single-family detached dwellings.
(d)
Public safety tower.
[Added 9-24-2019 by Ord. No. 2019-09]
(e)
Churches, cemeteries, schools, parks and playgrounds, fire and rescue squad stations, office buildings and other public and semipublic uses.
(f)
Roadside stand or market.
(g)
Country or general stores.
(h)
Sawmills or pulpwood concentration yards.
(i)
Manufactured houses on permanent foundations.
(j)
Lines, poles and pipes to provide electric, gas, telephone, water or sewer service to structures located on properties adjacent to said facilities.
(k)
Retail greenhouse and nursery operations under 10,000 square feet. Site plan approval is required as per Article XIV.
(l)
Storage buildings or sheds, as defined.
(m)
Recreational vehicle, provided that the recreational vehicle is on the property no more than 30 consecutive days and is removed from the property for at least 14 consecutive days each time it is removed.
(o)
Wineries.
(q)
Family day homes.
[Added 4-23-2013 by Ord. No. 2013-02]
(r)
Farm breweries.
[Added 9-23-2014 by Ord. No. 2014-06]
(s)
Agritourism-related activities found by the Zoning Administrator to create no substantial impact on the health, safety, or general welfare of the public.
[Added 9-23-2014 by Ord. No. 2014-05]
(t)
Farm distillery.
[Added 9-24-2019 by Ord. No. 2019-12]
(2)
Permitted accessory uses:
(3)
Uses permitted by special permit:
(b)
Public utility generating, booster or relay stations, transformer substations, railroads, water and sewerage installations (other than pipes), telephone facilities (other than lines, poles and towers), and other facilities for the provision and maintenance of public utility service. Notwithstanding the foregoing, large-scale energy facilities and small-scale energy facilities shall be allowed only as otherwise provided in this chapter.
[Amended 4-25-2023 by Ord. No. 2023-01]
(c)
Garages, public.
(d)
Farm, lawn and garden machinery and equipment sales and service.
(e)
Lodges, hunting clubs, camps, golf and country clubs.
(f)
Recreational uses or facilities, commercially operated or for private membership, such as game courts, swimming pools, campgrounds, archery ranges, fishing or boating lakes, ski slopes, picnic grounds, marinas and accessory facilities (including the sale of food, beverages, bait, incidentals, supplies and equipment); provided that no such use, structure or accessory use is located closer than 50 feet to any adjoining property lines.
(g)
Conversion of a single residential structure on a lot to contain a maximum of four dwelling units, provided that such structure was in existence prior to September 12, 1978.
(i)
Nursing homes and adult-care centers.
(j)
Airports, commercial and private.
(k)
Flea markets.
(m)
Retail greenhouse and nursery operations over 10,000 square feet. Site plan approval is required as per Article XIV.
(o)
(Reserved)
(p)
Museums.
(q)
Conversion of existing single-family dwellings to bed-and-breakfasts, provided that the bed-and-breakfast is located at least 900 feet from all lots containing intensive poultry facilities, intensive hog facilities, and other confined feeding operations.
(r)
Corporate training centers.
(s)
Country inns.
(t)
Rural resorts.
(u)
Temporary electric service.
(v)
Wastewater treatment discharging facility.
(x)
Child day centers
[Added 4-23-2013 by Ord. No. 2013-02]
(y)
Agritourism-related activities found by the Zoning Administrator to create a substantial impact on the health, safety, or general welfare of the public.
[Added 9-23-2014 by Ord. No. 2014-05]
(z)
Kennel, commercial.
[Added 12-8-2015 by Ord. No. 2015-09; amended 5-25-2021 by Ord. No. 2022-01]
C.
Area regulations.
(1)
Minimum lot area and maximum density.
(a)
The minimum lot area shall be 1 1/2 acres, except for cluster lots as provided for in Article X of this chapter.
(b)
The average parcel size for any sub parcels created from primary parcel shall be no less than 15 acres, except that the open space cluster provisions of Article X of this chapter may be applied to permit an overall average density for such a subdivision of up to one sub parcel per 10 acres. The average parcel size can be found by adding together the acreage of the primary parcel and sub parcels and dividing by the existing or proposed number of parcels.
[Amended 6-13-2023 by Ord. No. 2023-02]
Primary Parcel  | Primary Parcel and Sub parcels  |
(c)
Preliminary plats must meet the submission requirements as set forth in § 142-45A(1) through (16), and simplified plats must meet the requirements of § 142-50A through N.
(2)
There shall be a maximum of one principal dwelling per lot and one accessory dwelling per lot provided that the accessory dwelling is considered a main structure and meets the setbacks set forth in § 165-11E for a main structure.
[Amended 5-22-2012 by Ord. No. 2012-05; 5-24-2022 by Ord. No. 2022-05; 6-27-2023 by Ord. No. 2023-07]
D.
Frontage regulations. The minimum frontage for each lot shall be no less than 175 feet. (See § 165-27 for cul-de-sac.)
E.
Yard regulations. [NOTE: See Article XI for residential setbacks from poultry facilities.]
(1)
Front yard. Structures shall be located 40 feet or more from the front lot line. This shall be known as the "setback" line.
(2)
Side yard. Each side yard for each main structure shall be a minimum of 40 feet. No accessory building shall be located closer than 20 feet to any side property boundary line.
(3)
Rear yard. Each main structure shall have a rear yard of 90 feet or more. Accessory buildings may be built to within 10 feet of rear property line. When the lot was recorded prior to October 1, 1978, the rear yard may be reduced to 60 feet when it is determined by the Zoning Administrator that the required setback cannot be met because water and/or sanitation facilities are necessary to be located in front of the house as determined by the Health Director.
(4)
Lots adjoining an industrial-zoned district. No residential structure shall be constructed closer than 100 feet to any adjacent property line if that property is an industrial-zoned district or contains an industrial use; however, this distance may be reduced to 50 feet for side or 60 feet for rear yards if a screen buffer consisting of total screening is provided.
F.
Building coverage. The maximum building coverage on a lot shall be 20%.
G.
Height regulations.
(1)
Structures may be erected up to 35 feet in height.
(2)
All accessory buildings shall be less than the main building in height. Church spires, belfries, cupolas, monuments, water towers, farm silos, barns and other farm-related structures, chimneys, flues, flagpoles, parapet walls, television antennas, radio aerials, microwave towers and other public communication facilities are not governed by the height regulation of 35 feet set forth in the previous subsection.
§ 165-11.1 Rural Residential - Conservation (RR-C).
[Added 9-28-2004 by Ord. No. 2004-11]
A.
Statement of intent. This district covers portions of the County which are occupied by various open uses, such as forests, recreation areas, farms, lakes or streams where low density residential lots can be created. Uses not consistent with the existing character of this district are not permitted.
B.
Uses. In this district, structures to be erected or land to be used shall be for one or more of the following uses:
(1)
Uses permitted by right:
(a)
Single-family detached dwellings.
(b)
Manufactured houses on permanent foundations.
(c)
Neighborhood parks and playgrounds.
(d)
Lines, poles and pipes to provide electric, gas, telephone, water or sewer service to structures located on properties adjacent to said facilities.
(e)
Recreational vehicle, provided that the recreational vehicle is on the property no more than 30 consecutive days and is removed from the property for at least 14 consecutive days each time it is removed.
[Added 4-24-2007 by Ord. No. 2007-09]
(f)
Open space developments meeting the requirements of Article X.
[Added 6-26-2007 by Ord. No. 2007-14]
(g)
Micro wind system, wind monitoring or meteorological tower and windmills as provided in Article XXI.
[Added 5-25-2010 by Ord. No. 2010-05]
(h)
Family day homes.
[Added 4-23-2013 by Ord. No. 2013-02]
(i)
Public safety tower.
[Added 9-24-2019 by Ord. No. 2019-09]
(j)
Residential farms as provided in § 165-32.3.
[Added 1-7-2020 by Ord. No. 2020-01; amended 6-27-2023 by Ord. No. 2023-07]
C.
Area regulations. The minimum lot area shall be 10 acres.
D.
Frontage regulations. The minimum frontage for each residential lot shall be 450 feet. (See § 165-27 for cul-de-sac.)
E.
Yard regulations. [NOTE: See Article XI for residential setbacks from poultry facilities.]
(1)
Front yard. Structures shall be located 100 feet or more from the front lot line. This shall be known as the "setback line."
(2)
Side yard. Each side yard for each main structure shall be a minimum of 80 feet. No accessory building shall be located closer than 30 feet to any side property boundary line.
(3)
Rear yard. Each main structure shall have a rear yard of 150 feet or more. Accessory buildings may be built to within 10 feet of the rear property line.
(4)
Lots adjoining an industrial zoned district. No residential structure shall be constructed closer than 100 feet to any adjacent property line if that property is an industrial zoned district or contains an industrial use; however, this distance may be reduced to 50 feet for side or 60 feet for rear yards if a screen buffer consisting of total screening is provided.
F.
Building coverage. The maximum building coverage on a lot shall be 15%.
§ 165-12 Agriculture District (A-1).
[Amended 6-8-1982; 3-8-1983; 4-8-1986; 6-9-1987; 11-8-1988; 6-13-1989; 11-14-1989; 12-12-1989; 7-9-1991; 9-10-1991; 12-10-1991; 3-10-1992; 3-23-1993; 4-12-1994; 11-8-1994; 5-28-1996; 6-13-1995; 11-26-1996 by Ord. No. 96-3; 9-23-1997 by Ord. No. 97-7; 3-28-2000 by Ord. No. 00-2; 5-23-2000 by Ord. No. 00-6; 6-26-2001 by Ord. No. 01-6; 11-27-2001 by Ord. No. 01-7; 11-27-2001 by Ord. No. 01-8; 1-22-2002 by Ord. No. 02-1; 1-22-2002 by Ord. No. 02-2; 2-25-2003 by Ord. No. 2003-2; 6-24-2003 by Ord. No. 2003-4; 11-25-2003 by Ord. No. 2003-7; 11-25-2003 by Ord. No. 2003-8; 8-24-2004 by Ord. No. 2004-10; 3-8-2005 by Ord. No. 2005-2; 3-22-2005 by Ord. No. 2005-4; 4-24-2007 by Ord. No. 2007-06; 4-24-2007 by Ord. No. 2007-08; 4-24-2007 by Ord. No. 2007-09; 6-26-2007 by Ord. No. 2007-14; 4-22-2008 by Ord. No. 2008-5; 5-27-2008 by Ord. No. 2008-6; 5-25-2010 by Ord. No. 2010-05; 12-14-2010 by Ord. No. 2010-14]
A.
Statement of intent. This district is intended to preserve the character of those portions of the County where agricultural and other low-intensity uses predominate. The permitted uses should include mainly agriculture and related uses. Real property in this zoning classification may be subdivided only in accordance with § 142-3.1 of the Code of Shenandoah County.
B.
Uses. In this district, structures to be erected or land to be used shall be for one or more of the following uses:
(1)
Uses permitted by right:
(a)
General farming, agriculture, dairying and forestry. [NOTE: See Article XI for poultry and hog regulations.]
(b)
Conservation preserves.
(c)
Single-family detached dwellings.
(d)
Manufactured houses on permanent foundations.
(e)
Schools, churches, parks, playgrounds, fire and rescue squad stations, libraries, cemeteries, office buildings and other similar public and semipublic uses.
(f)
Sawmills or pulpwood concentration yards.
(g)
Public safety tower.
[Added 9-24-2019 by Ord. No. 2019-09]
(h)
Country or general stores.
(i)
Livestock markets.
(j)
Lines, poles and pipes to provide electric, gas, telephone, water and sewer service to structures located on properties adjacent to said facilities.
(k)
Roadside stand or market.
(l)
Veterinary hospitals.
(m)
Retail greenhouse and nursery operations under 10,000 square feet. (Site plan approval is required as per Article XIV.)
(n)
Cat shelters.
(o)
Storage buildings or sheds, as defined.
(p)
Recreational vehicle, provided that the recreation vehicle is on the property no more than 30 consecutive days and is removed from the property for at least 14 consecutive days each time it is removed.
(r)
Wineries.
(t)
Family day homes.
[Added 4-23-2013 by Ord. No. 2013-02]
(u)
Farm breweries.
[Added 9-23-2014 by Ord. No. 2014-06]
(v)
Agritourism-related activities found by the Zoning Administrator to create no substantial impact on the health, safety, or general welfare of the public.
[Added 9-23-2014 by Ord. No. 2014-05]
(w)
Farm distillery.
[Added 9-24-2019 by Ord. No. 2019-12]
(2)
Permitted accessory uses:
(3)
Uses permitted by special permit:
(a)
Lodges, hunting clubs, camps, golf and country clubs.
(c)
Garages, public.
(d)
Farm, lawn and garden machinery and equipment sales and service.
(e)
Public utility generating, booster or relay stations, transformer substations, railroads, water and sewerage installations (other than pipes), telephone facilities (other than lines, poles and towers), and other facilities for the provision and maintenance of public utility service. Notwithstanding the foregoing, large-scale energy facilities and small-scale energy facilities shall be allowed only as otherwise provided in this chapter.
[Amended 4-25-2023 by Ord. No. 2023-01]
(f)
Airports, commercial and private.
(g)
Recreational uses or facilities, commercially operated or for a private membership, such as game courts, swimming pools, campgrounds, archery ranges, fishing or boating lakes, ski slopes, picnic grounds, marinas and accessory facilities (including the sale of food, beverage, bait, incidentals, supplies and equipment); provided that no such use, structure or accessory use is located closer than 50 feet to any adjoining property lines.
(h)
Commercial slaughterhouse.
(i)
Rendering plant.
(j)
Blacksmith shop.
(k)
Conversion of a single residential structure on a lot to contain a maximum of four dwelling units, provided that such structure was in existence prior to September 12, 1978.
(l)
Motor vehicle towing service.
[Added 3-26-2019 by Ord. No. 2019-02]
(m)
Bulk petroleum products storage and distribution.
(n)
Nursing homes and adult-care centers.
(o)
Asphalt mixing plants.
(p)
Flea market.
(r)
Motor vehicle impoundment lots.
(s)
Retail greenhouse and nursery operations over 10,000 square feet. (Site plan approval is required as per Article XIV.)
(t)
Manufacture of deli sandwiches.
(u)
Off-street parking area as a main use.
(v)
Personal service establishments under 1,500 square feet.
(y)
Dormitory housing for farm workers.
(z)
Museums.
(aa)
Conversion of existing single-family dwellings to bed-and-breakfasts, provided that the bed-and-breakfast is located at least 900 feet from all lots containing intensive poultry facilities, intensive hog facilities, and other confined feeding operations.
(bb)
Child day centers.
[Amended 4-23-2013 by Ord. No. 2013-02]
(cc)
Corporate training centers.
(dd)
Country inns.
(ee)
Rural resorts.
(ff)
Wholesale bakeries.
(gg)
Cold storage of plant and animal cultures.
(hh)
Temporary electric service.
(ii)
Ice cream stand.
(jj)
Wastewater treatment discharging facility.
(ll)
Agritourism-related activities found by the Zoning Administrator to create a substantial impact on the health, safety, or general welfare of the public.
[Added 9-23-2014 by Ord. No. 2014-05]
(mm)
Kennel, commercial.
[Added 12-8-2015 by Ord. No. 2015-09; amended 5-25-2021 by Ord. No. 2022-01]
C.
Area regulations.
(1)
Minimum lot area and maximum density.
(a)
The minimum lot area shall be 1 1/2 acres, except for cluster lots as provided for in Article X of this chapter.
(b)
The average parcel size for any sub parcels created from primary parcel shall be no less than 10 acres. The average parcel size can be found by adding together the acreage of the primary parcel and sub parcels and dividing by the existing number of parcels.
[Amended 6-13-2023 by Ord. No. 2023-02]
Primary Parcel | Primary Parcel and Sub parcels |
(c)
Preliminary plats must meet the submission requirements as set forth in § 142-45A(1) through (16), and simplified plats must meet the requirements of § 142-50A through N.
(2)
There shall be a maximum of one principal dwelling per lot and one accessory dwelling per lot provided that the accessory dwelling is considered a main structure and meets the setbacks set forth in § 165-12E for a main structure.
[Amended 5-22-2012 by Ord. No. 2012-05; 5-24-2022 by Ord. No. 2022-05; 6-27-2023 by Ord. No. 2023-07]
(3)
Notwithstanding the other provisions of this chapter, each parcel of land 10 or more acres in area, but less than 20 acres, in existence at the time of the adoption of this amended provision (December 14, 2010) may be divided into a total of two parcels, and each parcel of land 20 or more acres in area, but less than 30 acres, in existence at the time of the adoption of this amended provision (December 14, 2010) may be divided into a total of three parcels, none of which may be less than 1 1/2 acres in area.
(4)
Notwithstanding the other provisions of this chapter, each parcel of land three or more acres in area, but less than 10 acres, in existence at the time of the adoption of this amended provision (December 14, 2010), and which meets the family division exemption requirements as set forth in § 142-3B, the definition of "subdivide," Subsection (1)(b)[1] through [6], may be divided into a total of two parcels, neither of which may be less than 1 1/2 acres in area.
D.
Frontage regulations. The minimum frontage for each lot shall be no less than 175 feet. (See § 165-27 for cul-de-sac.)
E.
Yard regulations. [NOTE: See Article XI for residential setbacks from poultry facilities.]
(1)
Front yard. Structures shall be located 40 feet or more from the front lot line. This shall be known as the "setback" line.
(2)
Side yard. Each side yard for each main structure shall be a minimum of 40 feet. No accessory building shall be located closer than 20 feet to any side property boundary line.
(3)
Rear yard. Each main structure shall have a rear yard of 90 feet or more. Accessory buildings may be built to within 10 feet of rear property line.
(4)
Lots adjoining an industrial zoned district. No residential structure shall be constructed closer than 100 feet to any adjacent property line if that property is an industrial-zoned district or contains an industrial use; however, this distance may be reduced to 50 feet for side or 60 feet for rear yards if a screen buffer consisting of total screening is provided.
F.
Building coverage. The maximum building coverage on a lot shall be 20%.
G.
Height regulations.
(1)
Structures may be erected up to 35 feet in height from grade.
(2)
All accessory buildings shall be less than the main building in height. Church spires, belfries, cupolas, monuments, water towers, farm silos, barns and other farm-related structures, chimneys, flues, flagpoles, parapet walls, television antennas, radio aerials, microwave towers and other public communication facilities are not governed by the height regulation of 35 feet set forth in the previous subsection.
§ 165-12.1 Rural Residential - Agriculture (RR-A).
[Added 9-28-2004 by Ord. No. 2004-11]
A.
Statement of intent. This district is intended to allow rural residences in areas where agricultural and other low-intensity uses predominate, but where low-density residential lots can be created. Uses not consistent with the existing character of this district are not permitted.
B.
Uses. In this district, structures to be erected or land to be used shall be for one or more of the following uses:
(1)
Uses permitted by right:
(a)
Single-family detached dwellings.
(b)
Manufactured houses on permanent foundations.
(c)
Neighborhood parks and playgrounds.
(d)
Lines, poles and pipes to provide electric, gas, telephone, water or sewer service to structures located on properties adjacent to said facilities.
(e)
Recreational vehicle, provided that the recreational vehicle is on the property no more than 30 consecutive days and is removed from the property for at least 14 consecutive days each time it is removed.
[Added 4-24-2007 by Ord. No. 2007-09]
(f)
Open space developments meeting the requirements of Article X.
[Added 6-26-2007 by Ord. No. 2007-14]
(g)
Small-scale energy facility as provided in Article XXII.
[Added 5-25-2010 by Ord. No. 2010-05; amended 4-25-2023 by Ord. No. 2023-01]
(h)
Family day homes.
[Added 4-23-2013 by Ord. No. 2013-02]
(i)
Public safety tower.
[Added 9-24-2019 by Ord. No. 2019-09]
(j)
Residential farms as provided in § 165-32.3.
[Added 1-7-2020 by Ord. No. 2020-01; amended 6-27-2023 by Ord. No. 2023-07]
C.
Area regulations. The minimum lot area shall be 3.5 acres.
D.
Frontage regulations. The minimum frontage for each residential lot shall be 350 feet. (See § 165-27 for cul-de-sac.)
E.
Yard regulations. [NOTE: See Article XI for residential setbacks from poultry facilities.]
(1)
Front yard. Structures shall be located 60 feet or more from the front lot line. This shall be known as the "setback line."
(2)
Side yard. Each side yard for each main structure shall be a minimum of 60 feet. No accessory building shall be located closer than 30 feet to any side property boundary line.
(3)
Rear yard. Each main structure shall have a rear yard of 90 feet or more. Accessory buildings may be built to within 10 feet of the rear property line.
(4)
Lots adjoining an industrial zoned district. No residential structure shall be constructed closer than 100 feet to any adjacent property line if that property is an industrial zoned district or contains an industrial use; however, this distance may be reduced to 50 feet for side or 60 feet for rear yards if a screen buffer consisting of total screening is provided.
F.
Building coverage. The maximum building coverage on a lot shall be 30%.
§ 165-13 Low-Density Residential (R-1).
[Amended 6-8-1982; 1-24-1985; 2-7-1985; 6-9-1987; 11-14-1989; 12-12-1989; 5-28-1996; 11-26-1996 by Ord. No. 96-3; 5-23-2000 by Ord. No. 00-6; 6-26-2001 by Ord. No. 01-6; 11-27-2001 by Ord. No. 01-8; 1-22-2002 by Ord. No. 02-1; 1-22-2002 by Ord. No. 02-2; 6-24-2003 by Ord. No. 2003-4]
A.
Statement of intent. This district is intended to encourage a suitable environment for family life; one which will blend with existing development. The district will permit residential and related uses in somewhat rural areas; development that will have to depend upon on-site water and sewer facilities. Low-density residential areas will mainly develop in clusters.
B.
Uses. In this district, structures to be erected or land to be used shall be for one of the following uses:
(1)
Uses permitted by right:
(a)
Single-family detached dwellings, including double-wide mobile homes if the running gear has been removed and the homes are located on permanent foundations.
(b)
Public or private schools.
(c)
Parks and playgrounds, cemeteries, police stations, fire and rescue squad stations, churches, libraries and other similar public and semipublic uses.
(d)
Lines, poles and pipes to provide electric, gas, telephone, water and sewer to structures located on properties adjacent to said facilities.
(e)
Open space developments meeting the requirements of Article X.
[Added 6-26-2007 by Ord. No. 2007-14]
(f)
Family day homes.
[Added 4-23-2013 by Ord. No. 2013-02]
(g)
Public safety tower.
[Added 9-24-2019 by Ord. No. 2019-09]
(h)
Residential farms as provided in § 165-32.3.
[Added 1-7-2020 by Ord. No. 2020-01; amended 6-27-2023 by Ord. No. 2023-07]
(2)
Permitted accessory uses located on the same lot with the principal use:
(3)
Uses permitted by special permit:
(b)
Public utility generating, booster or relay stations, transformer substations, railroads, water and sewerage installations (other than pipes), telephone facilities (other than lines, poles and towers), and other facilities for the provision and maintenance of public utility service. Notwithstanding the foregoing, large-scale energy facilities and small-scale energy facilities shall be allowed only as otherwise provided in this chapter.
[Amended 4-25-2023 by Ord. No. 2023-01]
(c)
Conversion of a single residential structure on a lot to contain a maximum of four dwelling units, provided that such structure was in existence prior to September 12, 1978.
(d)
Country or general store.
(e)
Professional office and office building.
(f)
Flea market.
(i)
Nursing homes and adult-care centers.
(k)
Conversion of existing single-family dwellings to bed-and-breakfasts, provided that the bed-and-breakfast is located at least 900 feet from all lots containing intensive poultry facilities, intensive hog facilities, and other confined feeding operations.
(l)
Child day centers.
[Added 4-23-2013 by Ord. No. 2013-02]
(m)
Recreational vehicle, provided that the recreational vehicle is on the property no more than 30 consecutive days and is removed from the property for at least 14 consecutive days each time it is removed.
[Added 4-24-2007 by Ord. No. 2007-09]
(n)
Temporary electric service.
[Added 4-24-2007 by Ord. No. 2007-09]
(o)
Wastewater treatment discharging facility.
[Added 5-27-2008 by Ord. No. 2008-6]
D.
Frontage regulations. The minimum frontage for each lot shall be 125 feet. (See § 165-27 for culs-de-sac).
E.
Yard regulations. [NOTE: See Article XI for residential setbacks from poultry facilities.]
(1)
Front yard. Structures shall be located 35 feet or more from the front lot line. This shall be known as the "setback" line.
(2)
Side yard. Each side yard on a lot shall be a minimum of 15 feet.
(3)
Rear yard. Each rear yard on a lot shall be a minimum of 30 feet for a principal structure. Accessory buildings may be built to within five feet of the rear property line.
(4)
Lots adjoining an industrial-zoned district. No residential structure shall be constructed closer than 100 feet to any adjacent property line if that property is an industrial-zoned district or contains an industrial use; however, this distance may be reduced to 50 feet for side or 60 feet for rear yards if a screen buffer consisting of total screening is provided.
F.
Building coverage. The maximum building coverage on a lot shall be 25%.
G.
Height regulations.
(1)
Structures may be erected up to 35 feet in height.
[Amended 4-24-2007 by Ord. No. 2007-08]
(2)
All accessory buildings shall be less than the main building in height. Church spires, belfries, cupolas, monuments, water towers, farm silos, barns and other farm related structures, chimneys, flues, flagpoles, parapet walls, television antennas, radio aerials, microwave towers and other public communication facilities are not governed by the height regulation of 35 feet set forth in the previous subsection.
H.
Special provisions for corner lots.
(1)
The front of a corner lot shall be the shortest of the sides facing streets. A setback equal to the front setback is required along all roads. A setback equal to the side setback is required on the other sides.
(2)
The yard facing the side street shall be 35 feet or more for both main and accessory buildings.
(3)
Each corner lot shall have a minimum width of 150 feet.
(4)
Corner lots require minimum frontage on both roadways.
§ 165-14 Medium-Density Residential (R-2).
[Amended 6-8-1982; 1-24-1985; 6-9-1987; 8-16-1988; 11-14-1989; 12-12-1989; 5-28-1996; 11-26-1996 by Ord. No. 96-3; 5-23-2000 by Ord. No. 00-6; 6-26-2001 by Ord. No. 01-6; 11-27-2001 by Ord. No. 01-8; 1-22-2002 by Ord. No. 02-1; 1-22-2002 by Ord. No. 02-2; 6-24-2003 by Ord. No. 2003-4]
A.
Statement of intent. This district will provide for residential areas of a moderate density in sections of the County where development is occurring and is likely to occur. Areas for various housing types, along with certain residentially related uses will be provided. This type of district will be limited to areas around the more developed centers of the County.
B.
Uses. In this district, structures to be erected or land to be used shall be for one of the following uses:
(1)
Uses permitted by right:
(a)
Single-family detached dwellings, including double-wide mobile homes if the running gear has been removed and the homes are located on permanent foundations.
[Amended 6-13-2023 by Ord. No. 2023-02]
(b)
Public or private schools.
(c)
Parks and playgrounds, cemeteries, police stations, fire and rescue squad stations, churches, libraries and other similar public and semipublic uses.
(d)
Lines, poles and pipes to provide electric, gas, telephone, water and sewer service to structures located on properties adjacent to said facilities.
(e)
Open space developments meeting the requirements of Article X.
[Added 6-26-2007 by Ord. No. 2007-14]
(f)
Small-scale energy facility as provided in Article XXII.
[Added 5-25-2010 by Ord. No. 2010-05; amended 4-25-2023 by Ord. No. 2023-01]
(g)
Family day homes.
[Added 4-23-2013 by Ord. No. 2013-02]
(h)
Public safety tower.
[Added 9-24-2019 by Ord. No. 2019-09]
(i)
Residential farms as provided in § 165-32.3.
[Added 1-7-2020 by Ord. No. 2020-01; amended 6-27-2023 by Ord. No. 2023-07]
(2)
Permitted accessory uses located on the same lot with the principal use:
(3)
Uses permitted by special permit:
(b)
Public utility generating, booster or relay stations, transformer substations, railroads, water and sewerage installations (other than pipes), telephone facilities (other than lines, poles and towers), and other facilities for the provision and maintenance of public utility service. Notwithstanding the foregoing, large-scale energy facilities and small-scale energy facilities shall be allowed only as otherwise provided in this chapter.
[Amended 4-25-2023 by Ord. No. 2023-01]
(c)
Hospitals, nursing homes, and adult-care centers.
(d)
Clinics.
(e)
Conversion of a single residential structure on a lot to contain a maximum of four dwelling units, provided that such structure was in existence prior to September 12, 1978.
(f)
Professional offices and office buildings.
(g)
Flea market.
(j)
Bed-and-breakfast, provided that the bed-and-breakfast is located at least 900 feet from all lots containing intensive poultry facilities, intensive hog facilities, and other confined feeding operations.
[Amended 3-25-2008 by Ord. No. 2008-1]
(k)
Child day centers.
[Amended 4-23-2013 by Ord. No. 2013-02]
(l)
Two-family dwelling.
(m)
Recreational vehicle, provided that the recreational vehicle is on the property no more than 30 consecutive days and is removed from the property for at least 14 consecutive days each time it is removed.
[Added 4-24-2007 by Ord. No. 2007-09]
(n)
Temporary electric service.
[Added 4-24-2007 by Ord. No. 2007-09]
(o)
Wastewater treatment discharging facility.
[Added 5-27-2008 by Ord. No. 2008-6]
C.
Area regulations.
(1)
The minimum lot area shall be 20,000 square feet.
(2)
An additional 2,000 square feet of lot area shall be required for each additional unit above two with reference to uses permitted in Subsection B(3)(e).
(3)
A two-family dwelling may be located on one lot of 30,000 square feet. If the units are constructed side-by-side, and are intended for sale, each unit shall be assigned an equal area on the lot with an appropriate line being drawn to divide the lot between units, provided that minimum frontage requirements, as stated above, are divided equally between said lots and all other provisions of this chapter are met. Irregularly shaped lots or lots with erratic division lines shall not be permitted.
(4)
There shall be a maximum of one principal dwelling per lot and one accessory dwelling, smaller than the principal dwelling, per lot provided that the accessory dwelling is considered an accessory building and meets the setbacks set forth in § 165-14E for an accessory building.
[Added 6-13-2023 by Ord. No. 2023-02]
D.
Frontage regulations. The minimum frontage for each lot shall be 100 feet. (See § 165-27 for culs-de-sac.)
E.
Yard regulations. [NOTE: See Article XI for residential setbacks from poultry facilities.]
(1)
Front yard. Structures shall be located 35 feet or more from the front lot line. This shall be known as the "setback" line.
(2)
Side yard. Each side yard on a lot shall be a minimum of 15 feet.
(3)
Rear yard. Each rear yard on a lot shall be a minimum of 30 feet for a main structure. Accessory buildings may be built to within five feet of the rear property line.
(4)
Lots adjoining an industrial-zoned district. No residential structure shall be constructed closer than 100 feet to any adjacent property line if that property is an industrial-zoned district or contains an industrial use; however, this distance may be reduced to 50 feet for side or 60 feet for rear yards if a screen buffer consisting of total screening is provided.
F.
Building coverage. The maximum building coverage on a lot shall be 30%.
G.
Height regulations.
(1)
Structures may be erected up to 35 feet in height.
[Amended 4-24-2007 by Ord. No. 2007-08]
(2)
All accessory buildings shall be less than the main building in height. Church spires, belfries, cupolas, monuments, water towers, farm silos, barns and other farm related structures, chimneys, flues, flagpoles, parapet walls, television antennae, radio aerials, microwave towers and other public communication facilities are not governed by the height regulation of 35 feet set forth in the previous subsection.
H.
Special provision for corner lots.
(1)
The front of a corner lot shall be the shortest of the sides facing streets. A setback equal to the front setback is required along all roads. A setback equal to the side setback is required on the other sides.
(2)
The yard facing the side street shall be 35 feet or more for both main and accessory buildings.
(3)
Each corner lot shall have a minimum width of 125 feet.
(4)
Corner lots require minimum frontage on both roadways.
§ 165-15 High-Density Residential (R-3).
[Amended 6-8-1982; 1-24-1985; 8-16-1988; 11-14-1989; 2-11-1992; 5-28-1996; 9-23-1997 by Ord. No. 97-7; 5-23-2000 by Ord. No. 00-6; 6-26-2001 by Ord. No. 01-6; 11-27-2001 by Ord. No. 01-8; 1-22-2002 by Ord. No. 02-1; 1-22-2002 by Ord. No. 02-2; 6-24-2003 by Ord. No. 2003-4]
A.
Statement of intent. This district will provide a moderately high level of residential density in the County. Multifamily dwellings (apartments) and townhouses along with residentially related uses are permitted. It is intended that these areas be concentrated only around existing major development centers in the County; i.e., the towns and sanitary districts where various services and facilities are readily available.
[Amended 3-26-2019 by Ord. No. 2019-01]
B.
In this district, structures to be erected or land to be used shall be for one of the following uses:
(1)
Uses permitted by right:
(a)
Single-family detached dwellings.
[Amended 6-13-2023 by Ord. No. 2023-02]
(b)
Two-family dwellings.
[Amended 6-13-2023 by Ord. No. 2023-02]
(c)
Rooming house or boardinghouse.
(d)
Tourist home.
(e)
Public or private schools.
(f)
Parks and playgrounds, cemeteries, police stations, fire and rescue squad stations, churches, libraries and other similar public and semipublic uses.
(g)
Lines, poles and pipes to provide electric, gas, telephone, water and sewer service to structures located on properties adjacent to said facilities.
(h)
Open space developments meeting the requirements of Article X.
[Added 6-26-2007 by Ord. No. 2007-14]
(i)
Small-scale energy facility as provided in Article XXII.
[Added 5-25-2010 by Ord. No. 2010-05; amended 4-25-2023 by Ord. No. 2023-01]
(j)
Family day homes.
[Added 4-23-2013 by Ord. No. 2013-02]
(k)
Public safety tower.
[Added 9-24-2019 by Ord. No. 2019-09]
(2)
Permitted accessory uses located on the main lot with the principal use:
(3)
Uses permitted by special permit:
(b)
Public utility generating, booster or relay stations, transformer substations, railroads, water and sewerage installations (other than pipes), telephone facilities (other than lines, poles and towers), and other facilities for the provision and maintenance of public utility service. Notwithstanding the foregoing, large-scale energy facilities and small-scale energy facilities shall be allowed only as otherwise provided in this chapter.
[Amended 4-25-2023 by Ord. No. 2023-01]
(d)
Hospitals, nursing homes, and adult-care centers.
(e)
Clinics.
(h)
Conversion of a single residential structure on a lot to contain a maximum of four dwellings units, provided that such structure was in existence prior to September 12, 1978.
(i)
Professional offices and office buildings.
(j)
Flea market.
(k)
(Reserved)
(l)
Country club and amenities.
(o)
Child day centers.
[Amended 4-23-2013 by Ord. No. 2013-02]
(p)
Recreational vehicle, provided that the recreational vehicle is on the property no more than 30 consecutive days and is removed from the property for at least 14 consecutive days each time it is removed.
[Added 4-24-2007 by Ord. No. 2007-09]
(q)
Temporary electric service.
[Added 4-24-2007 by Ord. No. 2007-09]
(r)
Wastewater treatment discharging facility.
[Added 5-27-2008 by Ord. No. 2008-6]
C.
Area and frontage regulations.
(1)
The minimum lot area shall be 20,000 square feet with a minimum frontage of 100 feet. For each lot containing a two-family semidetached dwelling, the minimum lot size with public water and public sewerage systems shall be 20,000 square feet with a minimum frontage of 100 feet. If the units are intended for sale, each unit shall be assigned an equal area on a lot, with an appropriate line being drawn to divide the lot between the units, provided that minimum frontage requirements, as stated above, are divided equally between said lots and all other provisions of this chapter are met. Irregularly shaped lots or lots with erratic division lines shall not be permitted.
(4)
There shall be a maximum of one principal dwelling per lot and one accessory dwelling, smaller than the principal dwelling, per lot provided that the accessory dwelling is considered an accessory building and meets the setbacks set forth in § 165-15D for an accessory building.
[Added 6-13-2023 by Ord. No. 2023-02]
D.
Yard regulations. [NOTE: See Article XI for residential setbacks from poultry facilities.]
(1)
Front yard. Structures shall be located 35 feet or more from the front lot line. This shall be known as the "setback" line.
(2)
Side yard. Each side yard on a lot shall be a minimum of 10 feet.
(3)
Rear yard. Each rear yard on a lot shall be a minimum of 25 feet. Accessory buildings may be built to within five feet of the rear property line.
E.
Building coverage. The maximum building coverage on a lot shall be 35%.
F.
Special provisions for corner lots.
(1)
The front of a corner lot shall be the shortest of the sides facing the streets. A setback equal to the front setback is required along all roads. A setback equal to the side setback is required on the other sides.
(2)
The yard facing the side street shall be 35 feet or more for both main and accessory buildings.
(3)
Each corner lot shall have a minimum width of 100 feet.
(4)
Corner lots require minimum frontage on both roadways.
G.
Height regulations.
(1)
Structures may be erected up to 35 feet in height.
[Amended 4-24-2007 by Ord. No. 2007-08]
(2)
All accessory buildings shall be less than the main building in height. Church spires, belfries, cupolas, monuments, water towers, farm silos, barns and other farm related structures, chimneys, flues, flagpoles, parapet walls, television antennae, radio aerials, microwave towers and other public communication facilities are not governed by the height regulation of 35 feet set forth in the previous subsection.
§ 165-15.1 Rural Growth Residential District (R-4).
[Added 3-26-2019 by Ord. No. 2019-01]
A.
Statement of intent. This district will provide for residential development, and related uses, of a suburban character in areas of the County served by public water and sewer. Lot sizes in this district are smaller, allowing construction of single-family and two-family residences with increased density compared to other residential zoning districts within the County. It is intended that these areas be concentrated only around existing major development centers in the County; i.e., the towns and sanitary districts where various services and facilities are readily available.
B.
Uses. In this district, structures to be erected or land to be used shall be for one of the following uses:
(1)
Uses permitted by right:
(a)
Single-family detached dwelling (excluding manufactured houses).
(b)
Two-family dwelling.
(c)
Public or private schools.
(d)
Parks and playgrounds, cemeteries, police stations, fire and rescue squad stations, churches, libraries and other similar public and semipublic uses.
(e)
Lines, poles and pipes to provide electric, gas, telephone, water and sewer service to structures located on properties adjacent to said facilities.
(h)
Family day homes.
(i)
Public safety tower.
[Added 9-24-2019 by Ord. No. 2019-09]
(2)
Permitted accessory uses located on the same lot with the principal use:
(3)
Uses permitted by special use permit:
(b)
Public utility generating, booster or relay stations, transformer substations, railroads, water and sewerage installations (other than pipes), telephone facilities (other than lines, poles and towers), and other facilities for the provision and maintenance of public utility service. Notwithstanding the foregoing, large-scale energy facilities and small-scale energy facilities shall be allowed only as otherwise provided in this chapter.
[Amended 4-25-2023 by Ord. No. 2023-01]
(c)
Hospitals, nursing homes, and adult-care centers.
(d)
Clinics.
(e)
Professional offices and office buildings.
(f)
Flea markets.
(h)
Bed-and-breakfast, provided that the bed-and-breakfast is located at least 900 feet from all lots containing intensive poultry facilities, intensive hog facilities, and other confined feeding operations.
(i)
Child day centers.
(j)
Recreational vehicle, provided that the recreational vehicle is on the property no more than 30 consecutive days and is removed from the property for at least 14 consecutive days each time it is removed.
(k)
Temporary electric service.
(l)
Wastewater treatment discharging facility.
C.
Area regulations.
(1)
Except as provided i) for an open space development meeting the requirements of Article X of Chapter 165, or ii) in § 165-15.1C(2), the minimum lot area for lots zoned R-4 shall be 8,000 square feet, provided that lots within any subdivision shall average at least 10,000 square feet.
(2)
The minimum lot area for lots on which there is a two-family dwelling shall be 12,000 square feet. If the dwelling units are constructed side-by-side, and are intended for sale, each unit shall be assigned an equal area on the lot with an appropriate line being drawn to divide the lot between units, provided that minimum frontage requirements, as stated below, are divided equally between said lots and all other provisions of this chapter are met. Irregularly shaped lots or lots with erratic division lines shall not be permitted.
D.
Frontage regulations. The minimum frontage for each lot shall be 75 feet. (See § 165-27 for cul-de-sac.)
E.
Yard regulations. [NOTE: See Article XI of Chapter 165 for residential setbacks from poultry facilities.]
(1)
Front yard. Structures shall be located 30 feet or more from the front lot line. This shall be known as the "setback" line.
(2)
Side yard. Each side yard on a lot shall be a minimum of 10 feet.
(3)
Rear yard. Each rear yard on a lot shall be a minimum of 25 feet for a main structure. Accessory buildings may be built to within five feet of the rear property line.
(4)
Lots adjoining an industrial-zoned district. No residential structure shall be constructed closer than 100 feet to any adjacent property line if that property is an industrial-zoned district or contains an industrial use; however, this distance may be reduced to 50 feet for side or 60 feet for rear yards if a screen buffer consisting of total screening is provided.
F.
Building coverage. The maximum building coverage on a lot shall be 35%.
G.
Height regulations.
(1)
Structures may be erected up to 35 feet in height.
(2)
All accessory buildings shall be less than the main building in height.
(3)
Church spires, belfries, cupolas, monuments, water towers, farm silos, barns and other farm related structures, chimneys, flues, flagpoles, parapet walls, television antennas, radio aerials, microwave towers and other public communication facilities are not governed by the height regulation of 35 feet set forth in § 165-15.1G(3).
H.
Special provisions for corner lots.
(1)
The front of a corner lot shall be the shortest of the sides facing streets. A setback equal to the front setback is required along all roads. A setback equal to the side setback is required on the other sides.
(2)
The yard facing the side street shall be 35 feet or more for both main and accessory buildings.
(3)
Each corner lot shall have a minimum width of 75 feet.
(4)
Corner lots require minimum frontage on both roadways.
§ 165-16 Local Business (B-1).
A.
Statement of intent. This district is designed to provide the concentration of limited range of commercial uses needed to serve daily convenience shopping and service needs of the residents of the County. Such districts shall be located primarily near residential centers in the County. This district should also have direct access to a major road; i.e., an arterial or collector.
B.
In this district, structures to be erected or land to be used shall be for one or more of the following uses:
(1)
Uses permitted by right:
(a)
General country stores.
(b)
Retail food stores.
(c)
Laundries and dry cleaners.
(d)
Drug stores.
(e)
Barbershops and beauty shops.
(f)
Bakeries.
(g)
Gift, antique, record, souvenir, tobacco, florist, art, framing, ceramic, craft and other specialty retail stores.
[Amended 1-22-2002 by Ord. No. 02-2]
(h)
Banks, savings and loans and other financial institutions.
(i)
Household furnishings and appliance stores.
(j)
Bed-and-breakfast establishments.
[Amended 1-24-1985]
(k)
Restaurants, excluding drive-in eating and drinking establishments.
(l)
Public and semipublic uses such as libraries, churches, community centers, governmental offices, police, fire and rescue squad stations and parks and playgrounds.
(m)
Public utility generating, booster or relay stations, transformer substations, railroads, water and sewerage installations, telephone facilities (other than lines, poles and towers), and other facilities for the provision and maintenance of public utility service. Notwithstanding the foregoing, large-scale energy facilities and small-scale energy facilities shall be allowed only as otherwise provided in this chapter.
[Amended 5-23-2000 by Ord. No. 00-6; 4-25-2023 by Ord. No. 2023-01]
(n)
Home occupations.
(o)
Automobile and farm machinery, lawn and garden equipment sales and service.
(p)
Hotels, motels.
[Amended 1-26-2021 by Ord. No. 2021-02]
(q)
Clinics.
(r)
Museums.
[Added 1-24-1985]
(s)
Flea markets.
(t)
Child day centers.
[Added 1-22-2012 by Ord. No. 02-2; amended 4-23-2013 by Ord. No. 2013-02]
(u)
Small-scale energy facility as provided in Article XXII.
[Added 5-25-2010 by Ord. No. 2010-05; amended 4-25-2023 by Ord. No. 2023-01]
(v)
Pawn shops.
[Added 11-9-2010 by Ord. No. 2010-12]
(w)
Public safety tower.
[Added 9-24-2019 by Ord. No. 2019-09]
(2)
Permitted accessory uses:
(3)
Uses permitted by special permit:
(a)
Planing mills, woodwork and craft shops, provided that employment is limited to the proprietor and one other person.
(b)
Conversion of a single residential structure on a lot to contain a maximum of four dwelling units, provided that such structure was in existence at the time of adoption of this chapter.
(c)
Professional offices and office buildings.
[Added 1-24-1985]
(d)
Public garages and automobile parts sales.
[Added 1-24-1985]
(f)
Wastewater treatment discharging facility.
[Added 5-27-2008 by Ord. No. 2008-6]
C.
Area regulations. The minimum lot size shall be 10,000 square feet.
D.
Frontage regulations. The minimum frontage for each lot shall be 75 feet.
E.
Yard regulations.
(1)
Front yard. Structures shall be located 40 feet or more from any street right-of-way which is 50 feet or greater in width, or 50 feet or more from the center line of any street right-of-way less than 50 feet in width. This shall be known as the "setback" line.
(2)
Side yard. Each side yard on a lot shall be a minimum of 20 feet.
(3)
Rear yard. The minimum rear yard on a lot shall be 20 feet.
F.
Building coverage. The maximum building coverage on a lot shall be 25%.
G.
Height regulations.
(1)
Structures may be erected up to 35 feet in height.
[Amended 4-24-2007 by Ord. No. 2007-08]
(2)
All accessory buildings shall be less than the main building in height. Church spires, belfries, cupolas, monuments, water towers, farm silos, barns and other farm related structures, chimneys, flues, flagpoles, parapet walls, television antennae, radio aerials, microwave towers and other public communication facilities are not governed by the height regulation of 35 feet set forth in the previous subsection.
[Amended 5-23-2000 by Ord. No. 00-6[3]]
H.
Special provisions for corner lots. The front of a corner lot shall be the shortest of the sides facing the streets. A setback equal to the front setback is required along all roads. A setback equal to the side setback is required on the other sides.
[Added 6-24-2003 by Ord. No. 2003-4]
§ 165-17 General Business (B-2).
[Amended 1-24-1985; 11-11-1987; 12-12-1989; 2-9-1993; 3-22-1994; 7-12-1994; 10-11-1994; 5-28-1996; 8-13-1996; 1-24-1998; 5-23-2000 by Ord. No. 00-6; 11-27-2001 by Ord. No. 01-8; 1-22-2002 by Ord. No. 02-2; 1-28-2003 by Ord. No. 2003-1; 6-24-2003 by Ord. No. 2003-4; 8-22-2006 by Ord. No. 2006-10; 3-27-2007 by Ord. No. 2007-05; 4-24-2007 by Ord. No. 2007-08; 5-27-2008 by Ord. No. 2008-6; 5-25-2010 by Ord. No. 2010-05; 11-9-2010 by Ord. No. 2010-12; 1-22-2012 by Ord. No. 02-2; 4-23-2013 by Ord. No. 2013-02; 9-23-2014 by Ord. No. 2014-07; 3-26-2019 by Ord. No. 2019-02; 8-27-2019 by Ord. No. 2019-08; 9-24-2019 by Ord. No. 2019-09; 1-7-2020 by Ord. No. 2020-02; 5-12-2020 by Ord. No. 2020-09; 1-12-2021 by Ord. No. 2021-01; 1-26-2021 by Ord. No. 2021-02; 3-22-2022 by Ord. No. 2022-03; 4-25-2023 by Ord. No. 2023-01; 10-8-2024]
A.
Statement of intent. This district covers the area of the County intended for general business to which the public requires direct and frequent access. Generally, this type of district will be a large area along arterial roads and in areas where such activities now exist.
B.
Uses. In this district, structures to be erected or land to be used shall be for one or more of the following uses:
(1)
Uses permitted by right:
(a)
Retail food stores.
(b)
Gift, antique, record, souvenir, tobacco, florist, art, framing, ceramic, craft and other specialty retail stores.
(c)
Bakeries.
(d)
Department stores.
(e)
Laundries and dry cleaners.
(f)
Wearing apparel stores.
(g)
Drug and variety stores.
(h)
Barbershops and beauty shops.
(i)
Theaters, not including drive-ins.
(j)
Hotels, motels.
(k)
Office buildings, business offices, banks, savings and loans.
(l)
Churches and libraries.
(m)
Hospitals, nursing homes and adult-care centers.
(n)
Funeral homes.
(o)
Printing offices.
(p)
Automobile, farm machinery, lawn and garden sales and service.
(q)
Restaurants, including drive-ins.
(r)
Automotive service stations (with major repair inside building).
(s)
Clubs and lodges.
(t)
Lumber and building supply (with storage under cover).
(u)
Plumbing and electrical supply (with storage under cover).
(v)
Machinery sales and service.
(w)
Public buildings.
(x)
Household furnishings and home appliance sales and service.
(y)
Car washes.
(z)
Auction houses and barns.
(aa)
Public utility generating, booster or relay stations, transformer substations, railroads, water and sewerage installations, telephone facilities (other than towers), transmission lines and towers, pipes, meters, lines and poles and other facilities for the provision and maintenance of public utilities service.
(bb)
Clinics.
(cc)
Bed-and-breakfast establishments.
(dd)
Museums.
(ee)
Flea market.
(ff)
Boat sales and service.
(hh)
Tool and die shops and other machine shops, provided that:
[1]
Shops containing punch presses and drop hammers that exceed 40 tons are excluded.
[2]
Total manufacturing area (excluding materials storage area) does not exceed 2,500 square feet.
[3]
Manufacturing and materials storage areas are completely enclosed.
[4]
All machine equipment is located in a sound insulated portion of the building (STC 45 or greater) for all shops constructed or beginning operation after July 12, 1994.
(ii)
Child day centers.
(jj)
Fire and resque squad stations.
(ll)
Pawn shops.
(mm)
Public safety tower.
(nn)
(Reserved)
(2)
Permitted accessory uses:
(3)
Uses permitted by special permit:
(a)
Wholesale and warehouse activities, provided that parking and loading areas have an all-weather surface.
(b)
Recreational uses or facilities, commercially operated or for private membership, such as: billiard parlors, pool rooms, bowling alleys, other indoor recreational or amusement uses, golf courses and clubs, miniature golf courses, golf driving ranges, skating rinks, swimming pools and clubs, tennis courts and clubs, game courts, archery ranges, campgrounds, riding stables, horse show rings and other facilities for recreational horseback riding and velodromes, as long as the number of any animals for recreational use that are housed overnight for more than seven consecutive nights shall not exceed one animal unit per 1 1/2 acres.
(d)
Drive-in theaters.
(e)
Temporary trailer parks for construction workers on a construction site as provided in Article IX.
(f)
Public garages and automobile parts sales.
(g)
Motor vehicle impoundment lot.
(i)
Self-service storage facilities, provided that:
[2]
No storage of hazardous, toxic, or explosive materials shall occur in the self-service storage facility. Signs stating "No storage of hazardous, toxic, or explosive materials allowed" shall be posted within the facility in highly visible locations. The lease agreement must also include this limitation. A copy of the standard lease agreement must be provided to the County prior to approval of the self-service storage facility.
[3]
The self-service storage facility shall be screened in a manner to buffer the visual impact of the facility from public roadways and adjoining properties using one of the following options:
[a]
Fencing. Fencing shall be installed along the front, sides, and rear of the property. All fencing shall be made of solid pressure-treated wood (stained) or other approved materials, to be permanently opaque with the finished side facing out. All fencing shall meet at least the minimum front yard setback for structures in the respective zoning district. Fencing shall be at least six feet in height and kept in good repair at all times.
[b]
Evergreen screen:
[i]
An opaque screen buffer, consisting of staggered double rows of evergreen trees, planted eight feet on center (unless noted otherwise in the chart below) and a minimum of six feet tall at the time of planting. Trees shall be planted along the front, sides, and rear of the property. The screen buffer shall meet at least the minimum front yard setback for structures in the respective zoning district. In the table below are examples of possible evergreen trees for use as a buffer:
Common Name | Botanical Name | Minimum Size (feet) | Minimum Spacing (feet on center) |
|---|---|---|---|
White Pine | Pinus strobus | 6 | 10 |
Norway Spruce | Picea abies | 6 | 10 |
Leyland Cypress | Cupressocyparis leylandii | 6; 10 gallons | 6 |
Green Giant Arborvitae | Thuja plicata "'Green Giant" | 6; 10 gallons | 6 |
[ii]
In the event trees die, replacements shall be planted within 60 days if weather permits but in no event later than 120 days.
[4]
The entrance to the facility shall be at least 20 feet wide, or greater as required by the County Fire Marshal. An unobstructed travelway of 20 feet is required between all required screening and structures. If fencing is used, a decorative landscape buffer is still required along the entire road frontage. Landscaping plans shall be approved by the Planning Commission and shall take into consideration traffic hazards. All screening shall be installed before a certificate of occupancy is issued for any mini-storage buildings
[5]
All storage shall be within an enclosed structure, except that personal vehicles and boats may be stored within an enclosure designated on the site plan for vehicle storage. If the enclosure is located along the side or back of the self-service storage facility, an opaque screen buffer shall be planted between the enclosure and the property line.
(j)
Woodwork and craft shops.
(k)
Body shops.
(l)
Wastewater treatment discharging facility.
(m)
(Reserved)
(n)
Adult business.
(o)
Motor vehicle towing service.
(r)
Short-term rentals that are dwelling units with five or more bedrooms available to transient guests and all non-dwellings as provided in § 165-32.4.
(s)
Commercial slaughterhouse as provided in Article XXIII.
(t)
Public utility generating, booster or relay stations, transformer substations, railroads, water and sewerage installations, telephone facilities (other than lines, poles and towers), and other facilities for the provision and maintenance of public utility service. Notwithstanding the foregoing, large-scale energy facilities and small-scale energy facilities shall be allowed only as otherwise provided in this chapter.
(u)
Kennel.
C.
Area regulations. The minimum lot size shall be 20,000 square feet.
D.
Frontage regulations. The minimum frontage for each lot shall be 100 feet.
E.
Yard regulations.
(1)
Front yard. Structures shall be located 40 feet or more from any street right-of-way. This shall be known as the "setback" line.
(2)
Side yard. Each side yard on a lot shall be a minimum of 10 feet except when adjacent to a residential district it shall be 20 feet.
(3)
Rear yard. The minimum rear yard on a lot shall be 20 feet.
F.
Building coverage. The maximum building coverage on a lot shall be 25%.
G.
Height regulations.
(1)
Structures may be erected up to 35 feet in height.
(2)
All accessory buildings shall be less than the main building in height. Church spires, belfries, cupolas, monuments, water towers, farm silos, barns and other farm related structures, chimneys, flues, flagpoles, parapet walls, television antennae, radio aerials, microwave towers and other public communication facilities are not governed by the height regulation of 35 feet set forth in the previous subsection.[1]
[1]
Editor's Note: Original Sections 308 and 309, as amended, were repealed 9-22-1992 and 5-14-1991, respectively.
H.
Special provisions for corner lots. The front of a corner lot shall be the shortest of the sides facing the streets. A setback equal to the front setback is required along all roads. A setback equal to the side setback is required on the other sides.
§ 165-18 General Industrial (M-1).
[Amended 9-22-1992]
A.
Statement of intent. The purpose of this district is to provide for and encourage general industries to locate and/or expand in order to foster development of the local economy. This district is to provide for more intensive uses in appropriate locations by providing adequate controls and review to ensure beneficial development. Generally industries in this district are involved in refining or processing raw materials.
B.
Uses. In this district, any structure to be erected or expanded or land to be used shall be for one of the following uses or accessory uses:
(1)
Uses permitted by right:
(a)
All uses permitted by right in the Limited Industrial (M-2) District.
[Amended 1-22-2002 by Ord. No. 02-2]
(b)
Contractor's yard with outside storage.
(c)
Blacksmith shop, welding or machine shop, excluding punch presses and drop hammers which exceed 40 tons.
(d)
Building, plumbing, electrical supply and sales with outside storage.
(e)
Coal and wood yards.
(f)
Feed mills: mixing, sales and distribution.
(g)
Public utilities: poles, lines, pipes to provide electric, gas, telephone, water and sewer service to structures located on properties adjacent to said facilities.
(h)
Automobile assembling, painting, upholstering, repairing, rebuilding, etc., truck repair, tire recapping.
(i)
Farm machinery, contractor equipment sales and service, manufacturing, compounding, processing, packaging.
(j)
Manufacturing, compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, dairy products, poultry and poultry products, perfumes, pharmaceuticals, perfumed toilet soap, toiletries, food and seafood products.
(k)
Manufacturing, compounding, assembling or treatment of articles of merchandise from the following materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastic, precious or semiprecious metals or stones, shell, straw, textiles, tobacco, wood, yarn, paint, fiberglass, iron and steel.
(l)
Manufacture of pottery and figurines or other similar ceramic products using only previously pulverized clay and kilns fired only by electricity or gas.
(m)
Cabinet and furniture manufacturing.
(n)
Boat manufacturing.
(o)
Processing of products being recycled.
(p)
Public utility generating, booster or relay stations, transformer substations, railroads, water and sewerage installations, telephone facilities (other than lines, poles and towers), and other facilities for the provision and maintenance of public utility service. Notwithstanding the foregoing, large-scale energy facilities and small-scale energy facilities shall be allowed only as otherwise provided in this chapter.
[Added 9-24-1996 by Ord. No. 96-1; amended 5-23-2000 by Ord. No. 00-6; 3-24-2020 by Ord. No. 2020-07; 4-25-2023 by Ord. No. 2023-01]
(r)
Self-service storage facilities, provided that:
[Added 11-27-2001 by Ord. No. 01-8; amended 3-27-2007 by Ord. No. 2007-05]
[2]
No storage of hazardous, toxic, or explosive materials shall occur in the self-service storage facility. Signs stating "No storage of hazardous, toxic, or explosive materials allowed" shall be posted within the facility in highly visible locations. The lease agreement must also include this limitation. A copy of the standard lease agreement must be provided to the County prior to approval of the self-service storage facility.
[3]
The self-service storage facility shall be screened in a manner to buffer the visual impact of the facility from public roadways and adjoining properties using one of the following options:
[a]
Fencing. Fencing shall be installed along the front, sides, and rear of the property. All fencing shall be made of solid pressure-treated wood (stained) or other approved materials, to be permanently opaque with the finished side facing out. All fencing shall meet at least the minimum front yard setback for structures in the respective zoning district. Fencing shall be at least six feet in height and kept in good repair at all times.
[b]
Evergreen screen:
[i]
An opaque screen buffer, consisting of staggered double rows of evergreen trees, planted eight feet on center (unless noted otherwise in the chart below) and a minimum of six feet tall at the time of planting. Trees shall be planted along the front, sides, and rear of the property. The screen buffer shall meet at least the minimum front yard setback for structures in the respective zoning district. In the table below are examples of possible evergreen trees for use as a buffer:
Common Name | Botanical Name | Minimum Size (feet) | Minimum Spacing (feet on center) |
|---|---|---|---|
White Pine | Pinus strobus | 6 | 10 |
Norway Spruce | Picea abies | 6 | 10 |
Leyland Cypress | Cupressocyparis leylandii | 6; 10 gallons | 6 |
Green Giant Arborvitae | Thuja plicata "'Green Giant" | 6; 10 gallons | 6 |
[ii]
In the event trees die, replacements shall be planted within 60 days if weather permits but in no event later than 120 days.
[4]
The entrance to the facility shall be at least 20 feet wide, or greater as required by the County Fire Marshal. An unobstructed travelway of 20 feet is required between all required screening and structures. If fencing is used, a decorative landscape buffer is still required along the entire road frontage. Landscaping plans shall be approved by the Planning Commission and shall take into consideration traffic hazards. All screening shall be installed before a certificate of occupancy is issued for any mini-storage buildings on the property.
[5]
All storage shall be within an enclosed structure, except that personal vehicles and boats may be stored within an enclosure designated on the site plan for vehicle storage. If the enclosure is located along the side or back of the self-service storage facility, an opaque screen buffer shall be planted between the enclosure and the property line.
(s)
Auction house.
[Added 2-24-2004 by Ord. No. 2004-02]
(t)
Small-scale energy facility as provided in Article XXII.
[Added 5-25-2010 by Ord. No. 2010-05; 4-25-2023 by Ord. No. 2023-01]
(u)
Public safety tower.
[Added 9-24-2019 by Ord. No. 2019-09]
(3)
Uses permitted with a special use permit:
(a)
Petroleum storage.
(b)
Public utility generating plants. Notwithstanding the foregoing, large-scale energy facilities and small-scale energy facilities shall be allowed only as otherwise provided in this chapter.
[Amended 4-25-2023 by Ord. No. 2023-01]
(c)
Sawmill and planing mills.
(d)
Truck stops and service centers.
(e)
Asphalt and concrete mixing plants.
(f)
Brick and block manufacture.
(g)
Crushed stone, sand and gravel operations.
(h)
Fertilizer manufacturing.
(i)
Quarrying, mining operations.
(j)
Airports.
(k)
Auto graveyards.
(l)
Junkyards.
(m)
Slaughterhouses.
(n)
Rendering plant.
(o)
Foundries.
(p)
Manufacturing involving punch presses or drop hammers exceeding 40 tons.
(q)
Manufacturing of prefabricated building sections, insulation, roofing materials and major building components.
(r)
Battery manufacturing.
(t)
Motor vehicle towing service.
[Added 3-26-2019 by Ord. No. 2019-01]
(v)
Motor vehicle impoundment lot.
[Added 2-24-2004 by Ord. No. 2004-01]
(w)
Wastewater treatment discharging facility.
[Added 5-27-2008 by Ord. No. 2008-6]
C.
Area requirements. The minimum lot size shall be 45,000 square feet.
D.
Setback regulations. Buildings shall be located 40 feet or more from any street right-of-way. This shall be known as the "setback" line.
E.
Frontage and yard regulations.
(1)
The minimum frontage shall be 150 feet. Each side and rear yard shall be a minimum of 30 feet from the principal structure, and accessory structures may be located to within 15 feet of a side or rear property line. Side and rear yard setbacks do not apply to shared party walls of industrial structures in existence as of December 8, 2009. No structure shall be constructed closer than 100 feet to any adjacent property line if that property is a residential zoned district or contains a residential use; however, this distance may be reduced to 50 feet if a screen buffer consisting of opaque screening is provided. Where opaque screening is provided and the setback distance is reduced to 50 feet, parking lots may be permitted to abut such screening.
[Amended 12-8-2009 by Ord. No. 2009-03]
(2)
The side yard facing the side street of corner lots shall be 40 feet or more.
(3)
The front of a corner lot shall be the shortest of the two sides facing the streets. A setback equal to the front setback is required along all roads. A setback equal to the side setback is required on the other sides.
[Amended 6-24-2003 by Ord. No. 2003-4]
F.
Height regulations. Structures may be erected up to a height of 45 feet. Chimneys, flues, flagpoles, parapet walls, other accessory facilities not normally occupied by workmen, radio and television aerials, microwave towers and other public communications facilities are not governed by the height regulations set forth in this subsection, except that smokestacks, as defined in § 165-4, may only be allowed with the issuance of a special use permit. The building height may be increased through a special use permit, provided that required front, side and rear yards shall also be increased by one foot for each foot in height above 45 feet. A viewshed impact study may be required by the Zoning Administrator as part of a special use permit request.
[Amended 5-28-1996; 4-27-1999 by Ord. No. 99-1; 5-23-2000 by Ord. No. 00-6; 4-24-2007 by Ord. No. 2007-08; 8-24-2010 by Ord. No. 2010-09; 8-27-2024 by Ord. No. 2024-02]
G.
Coverage regulations. The maximum building coverage on a lot shall be 80% with a required minimum green area of 20%.
H.
Requirements for permitted uses.
(1)
Before any permit shall be issued or construction commenced on any permitted use in this district, site plans and other documentation, in sufficient detail to show the location of the structure and accessory uses and the operations and processes of the proposed use, shall be submitted to the Zoning Administrator for study. The Administrator shall refer these plans to the Planning Commission for review and recommendation as provided in Article XIV, except that the Zoning Administrator shall have the right to review and approve site plans for additions of 5,000 square feet or less to a main structure, provided that said addition is of less size than the existing structure to which it is being added.
(2)
Landscaping may be required within any established or required front setback area. The plans and execution must take into consideration traffic hazards.
(3)
Sufficient area and/or planting as detailed in the site plan review shall be provided to adequately screen and/or separate uses and parking areas from adjacent districts.
§ 165-19 Limited Industrial (M-2).
[Added 9-22-1992]
A.
Statement of intent. The purpose of this district is to provide for and encourage limited industries to locate and/or expand in order to foster development of the local economy. These industries are generally light industries which are office oriented or oriented toward the manufacturing, processing, assembling, warehousing and/or distributing of goods and materials which are dependent upon previously prepared raw materials refined or processed elsewhere. It is expected that uses in this district are to be operated from within a building.
B.
Uses. In this district, any structure to be erected or expanded or land to be used shall be for one of the following uses or accessory uses:
(1)
Uses permitted by right:
(a)
Office buildings, including medical practice offices.
(b)
Data processing and computer service, including development, assembly, distribution, sales and service of computer hardware and software.
(c)
Business machine sales, rental and/or service.
(d)
Wholesale business.
(e)
Cold storage, frozen foods or bottling plant and operations (when conducted within a building).
(f)
Vending machine sales and services, including assembly and distribution.
(g)
Plumbing and electrical supplies and sales with storage (within a building).
(h)
Electronic equipment and components assembly, processing and distribution.
(i)
Laboratory operation, including pharmaceutical, medical and dental, but excluding research and development establishments.
(j)
Warehousing and distribution operation, excluding hazardous materials or petroleum products.
(k)
Publishing and printing facilities.
(l)
Farm and garden sales.
(m)
Upholstery shop.
(n)
Manufacture of musical, optical, medical instruments, toys, etc.
(o)
Contractor equipment sales/service or rental (when conducted within a building or enclosure).
(p)
Public utilities: lines, poles and pipes to provide electric, gas, telephone, water or sewer to structures located on the properties adjacent to said facilities.
(q)
Police, fire, rescue stations.
(r)
Schools, including business or commercial trade or vocational.
(s)
Communication stations, earth stations, etc.
(t)
Assembly and/or packaging of deli food products.
(u)
Governmental, administrative or public service building.
(v)
Commercial greenhouses and nurseries.
(w)
Veterinary hospitals, kennels.
(x)
Farm machinery sales and service (when conducted within a building).
(y)
Self-service storage facilities, provided that:
[Added 11-27-2001 by Ord. No. 01-8; amended 3-27-2007 by Ord. No. 2007-05]
[2]
No storage of hazardous, toxic, or explosive materials shall occur in the self-service storage facility. Signs stating "No storage of hazardous, toxic, or explosive materials allowed" shall be posted within the facility in highly visible locations. The lease agreement must also include this limitation. A copy of the standard lease agreement must be provided to the County prior to approval of the self-service storage facility.
[3]
The self-service storage facility shall be screened in a manner to buffer the visual impact of the facility from public roadways and adjoining properties using one of the following options:
[a]
Fencing. Fencing shall be installed along the front, sides, and rear of the property. All fencing shall be made of solid pressure-treated wood (stained) or other approved materials, to be permanently opaque with the finished side facing out. All fencing shall meet at least the minimum front yard setback for structures in the respective zoning district. Fencing shall be at least six feet in height and kept in good repair at all times.
[b]
Evergreen screen:
[i]
An opaque screen buffer, consisting of staggered double rows of evergreen trees, planted eight feet on center (unless noted otherwise in the chart below) and a minimum of six feet tall at the time of planting. Trees shall be planted along the front, sides, and rear of the property. The screen buffer shall meet at least the minimum front yard setback for structures in the respective zoning district. In the table below are examples of possible evergreen trees for use as a buffer:
Common Name | Botanical Name | Minimum Size (feet) | Minimum Spacing (feet on center) |
|---|---|---|---|
White Pine | Pinus strobus | 6 | 10 |
Norway Spruce | Picea abies | 6 | 10 |
Leyland Cypress | Cupressocyparis leylandii | 6; 10 gallons | 6 |
Green Giant Arborvitae | Thuja plicata "'Green Giant" | 6; 10 gallons | 6 |
[ii]
In the event trees die, replacements shall be planted within 60 days if weather permits but in no event later than 120 days.
[4]
The entrance to the facility shall be at least 20 feet wide, or greater as required by the County Fire Marshal. An unobstructed travelway of 20 feet is required between all required screening and structures. If fencing is used, a decorative landscape buffer is still required along the entire road frontage. Landscaping plans shall be approved by the Planning Commission and shall take into consideration traffic hazards. All screening shall be installed before a certificate of occupancy is issued for any mini-storage buildings on the property.
[5]
All storage shall be within an enclosed structure, except that personal vehicles and boats may be stored within an enclosure designated on the site plan for vehicle storage. If the enclosure is located along the side or back of the self-service storage facility, an opaque screen buffer shall be planted between the enclosure and the property line.
(z)
Micro wind system, wind monitoring or meteorological tower and windmills as provided in Article XXI.
[Added 5-25-2010 by Ord. No. 2010-05]
(aa)
Public safety tower.
[Added 9-24-2019 by Ord. No. 2019-09]
C.
Area requirements. The minimum lot size shall be 30,000 square feet.
D.
Setback regulations. Buildings shall be located 40 feet or more from any street right-of-way. This shall be known as the "setback" line.
E.
Frontage and yard regulations.
(1)
The minimum frontage shall be 150 feet. Each side and rear yard shall be a minimum of 30 feet from the principal structure, and accessory structures may be located to within 15 feet of a side or rear property line. Side and rear yard setbacks do not apply to shared party walls of industrial structures in existence as of December 8, 2009. No structure shall be constructed closer than 100 feet to any adjacent property line if that property is a residential zoned district or contains a residential use; however, this distance may be reduced to 50 feet if a screen buffer consisting of opaque screening is provided. Where opaque screening is provided and the setback distance is reduced to 50 feet, parking lots may be permitted to abut such screening.
[Amended 12-8-2009 by Ord. No. 2009-03]
(2)
The side yard facing the side street of corner lots shall be 40 feet or more.
(3)
The front of a corner lot shall be the shortest of the two sides facing the streets. A setback equal to the front setback is required along all roads. A setback equal to the side setback is required on the other sides.
[Amended 6-24-2003 by Ord. No. 2003-4]
F.
Height regulations. Structures may be erected up to a height of 35 feet. Chimneys, flues, flagpoles, parapet walls, radio and television aerials, microwave towers and other public communications facilities and/or other accessory facilities not normally occupied by workmen are not governed by the height regulations set forth in this subsection.
[Amended 5-28-1996; 5-23-2000 by Ord. No. 00-6; 4-24-2007 by Ord. No. 2007-08]
G.
Coverage regulations. The maximum building coverage on a lot shall be 80% with a required minimum green area of 20%.
H.
Requirements for permitted uses.
(1)
Before any permit shall be issued or construction commenced on any permitted use in this district, site plans and other documentation, in sufficient detail to show the location of the structure and accessory uses and the operations and processes of the proposed use, shall be submitted to the Zoning Administrator for study. The Administrator shall refer these plans to the Planning Commission for review and recommendation as provided in Article XIV, except that the Zoning Administrator shall have the right to review and approve site plans for additions of 5,000 square feet or less to a main structure, provided that said addition is of less size than the existing structure to which it is being added.
(2)
Landscaping may be required within any established or required front setback area. The plans and execution must take into consideration traffic hazards.
(3)
Sufficient area and/or planting as detailed in the site plan review shall be provided to adequately screen and/or separate uses and parking areas from adjacent districts.