- DISTRICT REGULATIONS
The intent of the Agricultural District is to facilitate existing and future forest or agricultural operations in areas where population density is low due to location, terrain, and lack of existing or proposed public water and sewer services, and where agriculture is the predominant land use. Due to these constraints, land development potential is limited, except for very low density residential uses (single-family) and certain small and farm-related commercial uses. A limited number of more intensive uses are permitted by special use permit. The intent of the district is to preserve and protect existing agricultural land resources.
3-1.1 Uses Permitted by Right in the A District. Uses permitted by right in the Agricultural District shall be established in compliance with this article, Article IV, supplementary regulations, and other applicable Smyth County Ordinances. Uses permitted by right are limited to one or more of the following uses:
(a)
Agriculture.
(b)
Single-family dwelling.
(c)
Manufactured home.
(d)
Accessory dwelling.
(e)
Home occupation.
(f)
Recreational dwelling.
(g)
Temporary forestry operations, including necessary temporary uses or buildings such as temporary sawmill, but not stationary sawmill.
(h)
Public and semi-public uses including:
(1)
Cemetery.
(2)
Church.
(3)
Community center.
(4)
Fire department and rescue squad establishments.
(5)
Park, playground, or ball field.
(6)
Public school.
(7)
Recreational trail, including hiking, riding, or bicycling.
(i)
Public utility facilities, including water and sewer lines, tanks, pump stations; electric, telephone and cable television facilities, but excluding communications towers and electric generating or booster facilities.
(j)
General country store or convenience store.
(k)
Personal service business.
(l)
Professional office.
(m)
Lodge or country inn.
(n)
Bed and breakfast establishment.
(o)
Animal clinic.
(p)
Antique and/or craft shop.
(q)
Vineyard and/or winery.
(r)
Hunting club.
(s)
Commercial greenhouse or nurseries.
(t)
Group homes.
(u)
Service business, general contractor, minor.
(Amend of 4-12-2016(1), § 1)
3-1.2. Uses Permitted with Special Use Permit in the A District. Special uses in the Agricultural District may be permitted following a public hearing and approval as set forth in Article VI. Special uses are limited to one or more of the following uses:
(a)
Restaurant.
(b)
Retail store and shop, other than antique or craft shop.
(c)
Agricultural equipment sales and service.
(d)
Kennel.
(e)
Fruit and vegetable packing plant.
(f)
Commercial stables.
(g)
Campground and recreational vehicle park.
(h)
Communication tower.
(i)
Electric generating or booster facilities.
(j)
Roadside market.
(k)
Mining, quarrying, and mineral extraction.
(l)
Solid waste/recycling convenience station, excluding landfills and transfer stations.
(m)
Recreation facilities, including, game room, summer camp, fairgrounds, and other similar uses.
(n)
Service business, general contractor, major
(o)
Emergency communication network (ECN) towers.
(p)
Commercial rodeo rings or arenas.
(q)
Accessory buildings above 150 square feet in size, without a main building.
(r)
Auction house.
(s)
Permanent forestry operations.
(t)
Group care facility.
(u)
Auditorium.
(v)
Automotive sales.
(w)
Automotive servicing and parts.
(x)
Automotive sales and service.
(y)
Boardinghouse.
(z)
Broadcasting/radio or television station.
(aa)
Brewery.
(bb)
Cab service.
(cc)
Campground.
(dd)
Catering facility.
(ee)
Commercial bus station.
(ff)
Commercial bus terminal.
(gg)
Distillery.
(hh)
Ecotourism, major.
(ii)
Ecotourism, minor.
(jj)
Event center.
(kk)
Laboratory, medical and analytical.
(ll)
Livestock market.
(mm)
Meat processing facility.
(nn)
Microbrewery.
(oo)
Microdistillery.
(pp)
Nanobrewery.
(qq)
Recreational vehicle park.
(rr)
Recreational vehicle sales, service, rental.
(ss)
Shooting range, indoor.
(tt)
Shooting range, outdoor.
(uu)
Stonecutting, monument manufacture and sale.
(vv)
Taxidermy.
(ww)
Tire recapping and retreading.
(xx)
Townhouse.
(yy)
Airport.
(zz)
Battery Storage Facility/Energy Storage Facility.
(aaa)
Wind Energy Facility.
(Amend of 4-12-2016(1), § 1; Amend of 11-10-2021(1); Ord. of 8-10-2023(2); Ord. of 8-10-2023(3))
3-1.3. Minimum Lot Sizes and Relationship to Subdivision Ordinance in the A District.
(a)
The minimum lot size in the Agricultural District shall be one acre, with the exception of lots on record as allowed in Section 4-3.1 of this Ordinance; and
(b)
A subdivision of land, as defined in Section 4.3.23 of the Smyth County Subdivision Ordinance, is not permitted in this district. Any division of less than four lots and/or one that meets the exceptions to the definition of subdivision in Section 4.3.23 of the Smyth County Subdivision Ordinance, is permitted.
(Amend of 11-8-2016(1)))
3-1.4. Setback Requirements in the A District. No building or accessory structure is permitted to be located closer to property or lot lines than the following distances. For the purpose of this section in determining front lot setback distances along road or street frontages, no lot line will be considered to extend beyond the nearest edge of the road or street right-of-way. Setback distances are measured from the lot line to the nearest point of the building or structure excluding any unenclosed porch, stoop, deck, or patio.
(a)
Front lot setback minimum distances for both principal and accessory buildings in the A District:
(1)
Thirty-five feet from nearest edge of the right-of-way of major highways, i.e. Highway 11, 16, 42, 81, and 91.
(2)
Forty feet from the centerline of all other roads and streets. This includes corner lots fronting on the road or street.
(b)
Side lot setback minimum distances in the A District:
(1)
Fifteen feet for principal building, five feet for accessory building.
(2)
Forty feet from the centerline of road or street for principal and accessory building when side lot is abutting to a road or street.
(c)
Rear lot setback minimum distance in the A District: Fifteen feet for principal building, five feet for accessory building.
(Ord. of 10-12-2001)
The intent of the Agricultural/Rural District is to preserve and protect the existing rural character and agricultural base in the County, as well as allow non-farm dwellings and small commercial and community establishments serving the rural residents. The district regulations allow more intensive uses by special use permit. Areas in the Agricultural/Rural District could have development potential due to the presence of or planned provision of water and sewer services, particularly in the Growth areas and Rural Service areas as recognized in the Comprehensive Plan.
3-2.1. Uses Permitted by Right in the A/R District. Uses permitted by right in the Agricultural/Rural District shall be established in compliance with this article, Article IV, supplementary regulations, and other applicable Smyth County Ordinances. Uses permitted by right are limited to one or more of the following uses:
(a)
Agriculture.
(b)
Single-family dwelling.
(c)
Manufactured home.
(d)
Accessory dwelling.
(e)
Two-family dwelling.
(f)
Home occupation.
(g)
Recreational dwelling.
(h)
Temporary forestry operations, including necessary temporary uses or buildings such as temporary sawmill, but not stationary sawmill.
(i)
Public and semi-public uses including:
(1)
Cemetery.
(2)
Church.
(3)
Community center.
(4)
Fire department and rescue squad establishments.
(5)
Library.
(6)
Museum.
(7)
Park, playground, or ball field.
(8)
Post office.
(9)
Public school.
(10)
Recreational trail, including hiking, riding, or bicycling.
(j)
Public utility facilities, including water and sewer lines, tanks, pump stations; electric, telephone and cable television facilities, but excluding communications towers and electric generating or booster facilities.
(k)
General country store or convenience store.
(l)
Personal service business.
(m)
Professional office.
(n)
Lodge or country inn.
(o)
Bed and breakfast establishment.
(p)
Animal clinic.
(q)
Fruit packing plant.
(r)
Vineyard and/or winery operation.
(s)
Hunting club.
(t)
Antique or craft shop.
(u)
Commercial greenhouse or nursery.
(v)
Group homes.
(w)
Service business, general contractor, minor.
(Amend of 4-12-2016(1), § 1)
3-2.2. Uses Permitted with Special Use Permit in the A/R District. Special uses in the Agricultural/Rural District may be permitted following a public hearing and approval as set forth in Article VI. Special uses are limited to one or more of the following uses:
(a)
Private school, child day center or eldercare center.
(b)
Restaurant.
(c)
Retail stores and shops, other than antique or craft shop.
(d)
Flea market or roadside market.
(e)
Automotive sales and service.
(f)
Agricultural equipment sales and service.
(g)
Kennel.
(h)
Commercial slaughterhouse.
(i)
Commercial stables.
(j)
Campground or recreational vehicle park.
(k)
Communication tower.
(l)
Electric generating or booster facilities.
(m)
Group home.
(h)
Rest home.
(o)
Multi-family dwelling.
(p)
Townhouses.
(q)
Manufactured home park, in accordance with Chapter 50 of the Smyth County Code.
(r)
Mining, quarrying, and mineral extraction.
(s)
Solid waste/recycling convenience station, excluding landfills and transfer stations.
(t)
Recreation facilities, including golf course, game room, summer camp, fairgrounds, and other similar uses.
(u)
Junkyards and automobile graveyards, as defined in Article X and regulated in Article IV.
(v)
Service business, general contractor, minor
(w)
Emergency communication network (ECN) towers.
(x)
Commercial rodeo rings or arenas.
(y)
Accessory buildings above 150 square feet in size, without a main building.
(z)
Auction house.
(aa)
Permanent forestry operations.
(bb)
Mini-warehouse.
(cc)
Group care facility.
(dd)
Auditorium.
(ee)
Automotive sales.
(ff)
Automotive servicing and parts.
(gg)
Boardinghouse.
(hh)
Broadcasting/radio or television station.
(ii)
Brewery.
(jj)
Cab service.
(kk)
Campground.
(ll)
Catering facility.
(mm)
Commercial bus station.
(nn)
Commercial bus terminal.
(oo)
Distillery.
(pp)
Ecotourism, major.
(qq)
Ecotourism, minor.
(rr)
Event center.
(ss)
Laboratory, medical and analytical.
(tt)
Livestock market.
(uu)
Meat processing facility.
(vv)
Microbrewery.
(ww)
Microdistillery.
(xx)
Nanobrewery.
(yy)
Recreational vehicle park.
(zz)
Recreational vehicle sales, service, rental.
(aaa)
Shooting range, indoor.
(bbb)
Shooting range, outdoor.
(ccc)
Stonecutting, monument manufacture and sale.
(ddd)
Taxidermy.
(eee)
Tire recapping and retreading.
(fff)
Airport.
(ggg)
Battery Storage Facility/Energy Storage Facility.
(hhh)
Wind Energy Facility.
(Ord. of 8-11-2015, § 1; Amend of 4-12-2016(1), § 1; Amend of 11-10-2021(1); Ord. of 8-10-2023(2); Ord. of 8-10-2023(3))
3-2.3. Minimum Lot Sizes and Relationship to Subdivision Ordinance in the A/R District.
(a)
The following minimum lot sizes apply in this district with the exception of lots on record as allowed in Section 4-3.1. Greater lot areas may be required where individual septic systems or individual wells are used if the health department determines that there are factors of drainage, soil conditions or other conditions that cause potential health problems.
(1)
Lots with both public water and sewer: 10,000 square feet in area with a minimum lot width of 100 feet.
(2)
Lots with public water only: 15,000 square feet in area, with a minimum lot width of 100 feet.
(3)
Lots with neither public water or sewer: 25,000 square feet in area, with a minimum lot width of 100 feet.
(b)
A subdivision of land, as defined in Section 4.3.23 of the Smyth County Subdivision Ordinance, requires rezoning to the Residential District. Any division of less than four lots and/or one that meets the exceptions to the definition of subdivision in Section 4.3.23 of the Smyth County Subdivision Ordinance, is permitted in this district.
3-2.4. Setback Requirements in the A/R District. No building or accessory structure is permitted to be located closer to property or lot lines than the following distances. For the purpose of this section in determining front lot setback distances along road or street frontages, no lot line will be considered to extend beyond the nearest edge of the road or street right-of-way. Setback distances are measured from the lot line to the nearest point of the building or structure excluding any unenclosed porch, stoop, deck, or patio.
(a)
Front lot setback minimum distances for both principal and accessory buildings in the A/R District:
(1)
Thirty-five feet from nearest edge of the right-of-way of major highways, i.e. Highway 11, 16, 42, 81, and 91.
(2)
Forty feet from the centerline of all other roads and streets. This includes corner lots fronting on the road or street.
(b)
Side lot setback minimum distances in the A/R District:
(1)
Fifteen feet for principal building, five feet for accessory building,
(2)
Forty feet from the centerline of road or street for principal and accessory building when side lot is abutting to a road or street.
(c)
Rear lot setback minimum distance in the A/R District: Fifteen feet for principal building, five feet for accessory building.
(Ord. of 10-12-2001)
The intent of the Residential District is to provide quality, well-planned areas for single-family residential development, and allow for higher density residential development only if appropriate to the area. The district is designed to preserve the essential character of existing low-density residential areas, encourage new residential development in accordance with modern subdivision standards, protect single-family residential areas from encroachment by potentially incompatible commercial land uses, maintain a low density of development to avoid undue burden on utilities and other public services, and allow for higher density residential development, if compatible with the surrounding neighborhood and if suitable public services are available.
3-3.1. Uses Permitted by Right in the R District. Uses permitted by right in the Residential District shall be established in compliance with this article, Article IV, supplementary regulations, and other applicable Smyth County Ordinances. Uses permitted by right are limited to one or more of the following uses:
(a)
Single-family dwelling.
(b)
Manufactured home, if doublewide in width or larger, and with a masonry type skirting.
(c)
Home occupation.
(d)
Church.
(e)
Group homes.
3-3.2. Uses Permitted with Special Use Permit in the R District. Special uses in the Residential District may be permitted following a public hearing and approval as set forth in Article VI. Special uses are limited to one or more of the following uses:
(a)
Schools (public and private), child day, or elder care center.
(b)
Public recreational facilities (parks, playgrounds, ball fields).
(c)
Community centers.
(d)
Townhouse.
(e)
Two-family or multi-family dwelling units.
(f)
Bed and breakfast.
(g)
Emergency communication network (ECN) towers.
(h)
Accessory buildings above 150 square feet in size, without a main building.
(i)
Group care facility.
(j)
Auditorium.
(k)
Automotive sales.
(l)
Automotive servicing and parts.
(m)
Automotive sales and service.
(n)
Boardinghouse.
(o)
Broadcasting/radio or television station.
(p)
Cab service.
(q)
Catering facility.
(r)
Commercial bus station.
(s)
Ecotourism, major.
(t)
Ecotourism, minor.
(u)
Event center.
(v)
Laboratory, medical and analytical.
(w)
Microbrewery.
(x)
Microdistillery.
(y)
Nanobrewery.
(z)
Recreational vehicle sales, service, rental.
(aa)
Service business, general contractor, major.
(bb)
Service business, general contractor, minor.
(cc)
Stonecutting, monument manufacture and sale.
(dd)
Taxidermy.
(ee)
Vineyard/winery.
(ff)
Airport.
(Ord. of 8-11-2015, § 1; Amend of 4-12-2016(1), § 1; Amend of 11-10-2021(1))
3-3.3. Minimum Lot Sizes in the R District.
(a)
The following minimum lot sizes apply in this district with the exception of lots on record as allowed in Section 4-3.1 and with an exception for townhouses, as defined and regulated in the Smyth County Subdivision Ordinance. Greater lot areas may be required where individual septic systems or individual wells are used if the health department determines that there are factors of drainage, soil conditions or other conditions that cause potential health problems.
(1)
Lots with both public water and sewer: 10,000 square feet in area, with a minimum lot width of 100 feet.
(2)
Lots with public water only: 15,000 square feet in area, with a minimum lot width of 100 feet.
(3)
Lots with neither public water or sewer: 25,000 square feet in area, with a minimum lot width of 100 feet.
(b)
Any division of property, including that meeting the definition of subdivision, as defined in Section 4.3.23 of the Smyth County Subdivision Ordinance, except 4-3.23(5) Recreational Development, is permitted in this district, subject to the provisions of the Subdivision Ordinance.
3-3.4. Setback Requirements in the R District. No building or accessory structure is permitted to be located closer to property or lot lines than the following distances. For the purpose of this section in determining front lot setback distances along road or street frontages, no lot line will be considered to extend beyond the nearest edge of the road or street right-of-way. Setback distances are measured from the lot line to the nearest point of the building or structure excluding any unenclosed porch, stoop, deck, or patio.
(a)
Front lot setback minimum distances for both principal and accessory buildings in the R District:
(1)
Thirty-five feet from nearest edge of the right-of-way of major highways, i.e. Highway 11, 16, 42, 81, and 91.
(2)
Forty feet from the centerline of all other roads and streets. This includes corner lots fronting on the road or street.
(b)
Side lot setback minimum distances in the R District:
(1)
Fifteen feet for principal building, five feet for accessory building.
(2)
Forty feet from the centerline of road or street for principal and accessory building when side lot is abutting to a road or street.
(c)
Rear lot setback minimum distance in the R District: Fifteen feet for principal building, five feet for accessory building.
(Ord. of 10-12-2001)
The Commercial District is designed to provide a general range of retail, office, and service businesses with business uses taking priority over any other type of use. The district is intended to promote business opportunities, economic development, and the provision of services for nearby residential neighborhoods and the community as a whole. The activities may generate relatively large volumes of customer traffic and have frequent delivery of goods and services.
3-4.1. Uses Permitted by Right in the C District. Uses permitted by right in the Commercial District shall be established in compliance with this article, Article IV, supplementary regulations, and other applicable Smyth County Ordinances. Uses permitted by right are limited to one or more of the following uses:
(a)
Personal service businesses.
(b)
Professional office.
(c)
Retail stores.
(d)
Dry cleaners and laundromat.
(e)
Banks and other financial institutions.
(f)
Restaurants.
(g)
Furniture, home appliance, and home decorating stores.
(h)
Automobile sales and service.
(i)
Feed and seed store.
(j)
Commercial greenhouse, garden supply and plant sales.
(k)
Convenience stores and gasoline sales.
(l)
Hotels and motels and bed and breakfast inns.
(m)
Theaters.
(n)
Health/fitness clubs.
(o)
Recreation facilities, including bowling, miniature golf course, and game room.
(p)
Mini-warehouse.
(q)
Funeral home.
(r)
Roadside market.
(s)
Fire department and rescue squad facilities.
(t)
Medical services and supply sales.
(u)
Accessory dwelling.
(v)
Construction sales and service.
(w)
Animal clinic.
(x)
Automobile body shop with inside vehicle storage.
(y)
Machinery sales and service including farm and construction machinery.
(z)
Call center and/or data processing facility.
(aa)
Public and semi-public uses including:
1.
Cemetery.
2.
Church.
3.
Community center.
4.
Fire department and rescue squad establishments.
5.
Library.
6.
Museum.
7.
Park, playground, or ball field.
8.
Post office.
9.
School.
10.
Recreational trail, including hiking, riding, or bicycling.
(bb)
Flea market.
(cc)
Antique/craft shop.
(dd)
Auction house.
(ee)
Garage.
(ff)
Private school.
(gg)
Auditorium.
(hh)
Automotive sales.
(ii)
Automotive servicing and parts.
(jj)
Broadcasting/radio or television station.
(kk)
Brewery
(ll)
Cab service.
(mm)
Catering facility.
(nn)
Commercial bus station.
(oo)
Commercial bus terminal.
(pp)
Distillery.
(qq)
Laboratory, medical and analytical.
(rr)
Microbrewery.
(ss)
Microdistillary.
(tt)
Nanobrewery.
(uu)
Recreation vehicle sales, service and rental.
(vv)
Service business, general contractor, major.
(ww)
Service business, general contract, minor.
(xx)
Stonecutting, monument manufacture and sale.
(yy)
Taxidermy.
(zz)
Tire recapping and retreading.
(aaa)
Vineyard/winery.
(Amend of 4-12-2016(1), § 1)
3-4.2. Uses Permitted with Special Use Permit in the C District. Special uses in the Commercial District may be permitted following a public hearing and approval as set forth in Article VI. Special uses are limited to one or more of the following uses:
(a)
Kennels.
(b)
Amusement or entertainment establishments.
(c)
Sales of major recreational equipment.
(d)
Sales of manufactured or modular housing.
(e)
Storage warehouses.
(f)
Wholesale distribution and sales.
(g)
Truck stops.
(h)
Communications tower.
(i)
Electric generating or booster station.
(j)
Child day or eldercare center.
(k)
Light manufacturing.
(l)
Petroleum, fuel oil, or propane storage for purposes of distribution.
(m)
Medical care facility.
(n)
Emergency communication network (ECN) towers.
(o)
Accessory buildings above 150 square feet in size, without a main building.
(p)
Adult bookstore or adult video store.
(q)
Adult drive-in theater.
(r)
Adult entertainment establishment.
(s)
Adult mini-motion picture theater.
(t)
Adult model studio.
(u)
Adult motion picture arcade.
(v)
Adult motion picture theater.
(w)
Adult retail store.
(x)
Massage parlor.
(y)
Group care facility.
(z)
Boardinghouse.
(aa)
Campground.
(bb)
Campground and recreational vehicle park.
(cc)
Ecotourism, major.
(dd)
Ecotourism, minor.
(ee)
Event center.
(ff)
Livestock market.
(gg)
Meat processing facility.
(hh)
Recreational vehicle park.
(ii)
Shooting range, indoor.
(jj)
Shooting range, outdoor.
(kk)
Townhouse.
(ll)
Airport.
(mm)
Battery Storage Facility/Energy Storage Facility.
(nn)
Wind Energy Facility.
(Ord. of 8-11-2015, § 1; Amend of 4-12-2016(1), § 1; Amend of 11-10-2021(1); Ord. of 8-10-2023(2); Ord. of 8-10-2023(3))
3-4.3. Minimum Lot Size in the C District. The following minimum lot sizes apply in this district with the exception of lots on record as allowed in Section 4-3.1. Greater lot areas may be required where individual septic systems or individual wells are used if the health department determines that there are factors of drainage, soil conditions or other conditions that cause potential health problems. Greater lot areas may also be required to meet any parking requirements contained in Article IV.
(1)
Lots with both public water and sewer: 10,000 square feet in area with a minimum lot width of 100 feet.
(2)
Lots with public water only: 15,000 square feet in area with a minimum lot width of 100 feet.
(3)
Lots with neither public water or sewer: 25,000 square feet in area with a minimum lot width of 100 feet.
3-4.4. Setback Requirements in the C District. No building or accessory structure is permitted to be located closer to property or lot lines than the following distances. For the purpose of this section in determining front lot setback distances along road or street frontages, no lot line will be considered to extend beyond the nearest edge of the road or street right-of-way. Setback distances are measured from the lot line to the nearest point of the building or structure excluding any unenclosed porch, stoop, deck, or patio.
(a)
Front lot setback minimum distances for both principal and accessory buildings in the C District:
(1)
Thirty-five feet from nearest edge of the right-of-way of major highways, i.e. Highway 11, 16, 42, 81, and 91.
(2)
Forty feet from the centerline of all other roads and streets. This includes corner lots fronting on the road or street.
(b)
Side lot setback minimum distances in the C District:
(1)
Fifteen feet for principal building, five feet for accessory building.
(2)
Forty feet from the centerline of road or street for principal and accessory building when side lot is abutting to a road or street.
(c)
Rear lot setback minimum distance in the C District: Fifteen feet for principal building, five feet for accessory building.
(Ord. of 10-12-2001)
This district is designed to provide areas suitable for industrial land uses and to allow for economic and employment growth. The primary activity in the Industrial District is the manufacturing of new products, including processing, packaging, treatment and assembly of components for new products. The intent of the district is to promote land uses that are as compatible as possible with adjacent commercial and residential areas.
3-5.1. Uses Permitted by Right in the Industrial District. Uses permitted by right in the Industrial District shall be established in compliance with this article, Article IV, supplementary regulations, and other applicable Smyth County Ordinances. Uses permitted by right are limited to one or more of the following uses:
(a)
Food, tobacco, and beverage products manufacturing, excluding animal slaughtering and processing.
(b)
Textile mills, knitting mills, and apparel manufacturing.
(c)
Leather and associated product manufacturing.
(d)
Wood products manufacturing, excluding stationary sawmills.
(e)
Paper products manufacturing, excluding pulp, paper, and paperboard mills.
(f)
Printing establishments.
(g)
Pharmaceutical and medicine manufacturing.
(h)
Plastics and rubber products manufacturing.
(i)
Non-metallic mineral product manufacturing, excluding concrete, cement, lime, or gypsum manufacturing or processing.
(j)
Fabricated metal products.
(k)
Machinery manufacturing.
(l)
Computer and electronic products.
(m)
Electrical equipment, appliance, and component manufacturing.
(n)
Transportation equipment, including assembly of automotive components.
(o)
Furniture and related product manufacturing.
(p)
Construction sales and service.
(q)
Contractor equipment storage yards.
(r)
Storage warehouses.
(s)
Wholesale distribution and sales.
(t)
Truck terminal.
(u)
Call center and/or data processing facility.
(v)
Church.
(w)
Brewery.
(x)
Cab service.
(y)
Catering facility.
(z)
Commercial bus station.
(aa)
Commercial bus terminal.
(bb)
Distillery.
(cc)
Laboratory, medical and analytical.
(dd)
Microbrewery.
(ee)
Microdistillary.
(ff)
Nanobrewery.
(gg)
Service business, general contractor, major.
(hh)
Service business, general contractor, minor.
(ll)
Taxidermy.
(jj)
Tire recapping and retreading.
(kk)
Vineyard/winery.
(Amend of 4-12-2016(1), § 1)
3-5.2. Uses Permitted with Special Use Permit in the Industrial District. Special uses in the Industrial District shall be permitted following a public hearing and approval as set forth in Article VI. Special uses are limited to one or more of the following uses:
(a)
Paper, pulp, and paperboard mills.
(b)
Stationary sawmills.
(c)
Petroleum and coal products manufacturing, including asphalt materials.
(d)
Chemical manufacturing, including processing and storage.
(e)
Concrete, cement, lime, or gypsum manufacturing or processing.
(f)
Primary metal manufacturing, including steel mills, foundries, and smelting activities.
(g)
Mining, quarrying, mineral extraction and processing.
(h)
Electric generating and booster facilities.
(i)
Communication towers.
(j)
Child day or eldercare center.
(k)
Incineration facility.
(l)
Emergency communication network (ECN) towers.
(m)
Accessory buildings above 150 square feet in size, without a main building.
(n)
Mini-warehouse.
(o)
Auditorium.
(p)
Automotive sales.
(q)
Automotive servicing and parts.
(r)
Automotive sales and service.
(s)
Boardinghouse.
(t)
Broadcasting/radio or television station.
(u)
Ecotourism, major.
(v)
Ecotourism, minor.
(w)
Event center.
(x)
Livestock market.
(y)
Meat processing facility.
(z)
Recreation vehicle sales, service and rental.
(aa)
Shooting range, indoor.
(bb)
Shooting range, outdoor.
(cc)
Stonecutting, monument manufacture and sale.
(dd)
Townhouse.
(ee)
Airport.
(ff)
Battery Storage Facility/Energy Storage Facility.
(gg)
Wind Energy Facility.
(Ord. of 10-12-2001; Amend of 4-9-2014; Ord. of 8-11-2015, § 1; Amend of 4-12-2016(1), § 1; Amend of 11-10-2021(1); Ord. of 8-10-2023(2); Ord. of 8-10-2023(3))
3-5.3. Minimum Lot Size in the Industrial District. The following minimum lot sizes apply in this district with the exception of lots on record as allowed in Section 4-3.1. Greater lot areas may be required where individual septic systems or individual wells are used if the health department determines that there are factors of drainage, soil conditions or other conditions that cause potential health problems. Greater lot areas may also be required to meet any parking requirements contained in Article IV.
(1)
Lots with both public water and sewer: 10,000 square feet in area with a minimum lot width of 100 feet.
(2)
Lots with public water only: 15,000 square feet in area with a minimum lot width of 100 feet.
(3)
Lots with neither public water or sewer: 25,000 square feet in area with a minimum lot width of 100 feet.
3-5.4. Setback Requirements in the Industrial District. No building or accessory structure is permitted to be located closer to property or lot lines than the following distances. For the purpose of this section in determining front lot setback distances along road or street frontages, no lot line will be considered to extend beyond the nearest edge of the road or street right-of-way. Setback distances are measured from the lot line to the nearest point of the building or structure excluding any unenclosed porch, stoop, deck, or patio.
(a)
Front lot setback minimum distances for both principal and accessory buildings in the Industrial District: Thirty-five feet from any road or street right-of-way if the right-of-way is 50 feet or greater in width, or 60 feet from any road or street centerline if the right-of-way is less than 50 feet in width.
(b)
Side lot setback minimum distances in the Industrial District:
(1)
Fifteen feet for principal building, five feet for accessory building.
(2)
Forty feet from the centerline of road or street for principal and accessory building when side lot is abutting to a road or street.
(c)
Rear lot setback minimum distance in the Industrial District: Fifteen feet for principal building, five feet for accessory building.
(Ord. of 10-12-2001)
This district is designed to protect the natural environment and scenic quality of the County from inappropriate development. This district could allow for low-density recreational development compatible with the Jefferson National Forest, Mount Rogers National Recreation Area, Hungry Mother State Park, and the Appalachian Trail.
3-6.1. Uses Permitted by Right in the C/R District. Uses permitted by right in the Conservation/Recreation District shall be established in compliance with this article, Article IV, supplementary regulations, and other applicable Smyth County Ordinance. Uses permitted by right are limited to the following uses:
(a)
Agriculture.
(b)
Single-family dwelling.
(c)
Recreational dwelling.
(d)
Wildlife refuges and conservation areas.
(e)
Home occupation, as defined.
(f)
Church.
(g)
Recreational trail.
(h)
Group homes.
3-6.2. Uses Permitted with Special Use Permit in the C/R District. Special uses in the Conservation/Recreation District shall be permitted following a public hearing and approval as set forth in Article VII. Special uses are limited to one or more of the following uses:
(a)
Recreational facilities, such as parks, golf courses.
(b)
Bed and breakfast establishments.
(c)
Commercial stables.
(e)
Community centers.
(f)
Restaurant.
(g)
Emergency communication network (ECN) towers.
(h)
Accessory buildings above 150 square feet in size, without a main building.
(i)
Group care facility.
(j)
Auditorium
(k)
Cab service.
(l)
Campground.
(m)
Campground and recreational vehicle park.
(n)
Catering facility.
(o)
Commercial bus station.
(p)
Distillery.
(q)
Ecotourism, major.
(r)
Ecotourism, minor.
(s)
Event center.
(t)
Microbrewery.
(u)
Microdistillary.
(v)
Nanobrewery.
(w)
Recreational vehicle park.
(x)
Recreational vehicle sales, service, rental.
(y)
Shooting range, indoor.
(z)
Shooting range, outdoor.
(aa)
Stonecutting, monument manufacture and sale.
(bb)
Taxidermy.
(cc)
Tire recapping and retreading.
(dd)
Townhouse.
(ee)
Vineyard/winery.
(Amend of 4-12-2016(1), § 1)
3-6.3. Minimum Lot Sizes in the C/R District. The minimum lot size in the Conservation/Recreation District shall be two acres, with the exception of lots on record as allowed in Section 4-3.1 of this Ordinance, and with the exception of lots which are created under Section 4.3.23(1) and (4) of the Smyth County Subdivision Ordinance.
3-6.4. Setback Requirements in the C/R District. No building or accessory structure is permitted to be located closer to property or lot lines than the following distances. For the purpose of this section in determining front lot setback distances along road or street frontages, no lot line will be considered to extend beyond the nearest edge of the road or street right-of-way. Setback distances are measured from the lot line to the nearest point of the building or structure excluding any unenclosed porch, stoop, deck, or patio.
(a)
Front lot setback minimum distances for both principal and accessory buildings in the C/R District:
(1)
Thirty-five feet from nearest edge of the right-of-way of major highways, i.e. Highway 11, 16, 42, 81, and 91.
(2)
Forty feet from the centerline of all other roads and streets. This includes corner lots fronting on the road or street.
(b)
Side lot setback minimum distances in the C/R District:
(1)
Fifteen feet for principal building, five feet for accessory building.
(2)
Forty feet from the centerline of road or street for principal and accessory building when side lot is abutting to a road or street.
(c)
Rear lot setback minimum distance in the C/R District: Fifteen feet for principal building, five feet for accessory building.
(Ord. of 10-12-2001)
The purpose of the Conservation/Recreation - Public District is to delineate on the zoning map, as amended from time to time, the lands in Smyth County that are publicly owned and managed by the state and federal government for conservation and recreation purposes. These lands include primarily the Jefferson National Forest (including the Mount Rogers National Recreation Area), the Hungry Mother State Park, and the Clinch Mountain Wildlife Management Area. It is understood that all land use regulations in such district are dictated by the agency that owns the property.
(Ord. of 10-12-2001)
The intent of the Floodplain Management District (FM) is to accomplish the purposes of the Smyth County Floodplain Management Ordinance as set forth in the Smyth County Code, adopted on May 15, 1980 and as thereafter amended.
3-8.1. Application of District. The Floodplain Management District shall be in addition to, and shall construed to overlay, overlap, and be superimposed on other zoning districts established by this Ordinance and shown on the Official Zoning District Map. Any property lying within the Floodplain District shall also be considered to lie within and be subject to the regulations of one or more of the other zoning districts established by this Ordinance. Those districts shall be known as underlying districts.
3-8.2. District Regulations and Boundaries. The locations and boundaries of the Floodplain Management District shall be as described in the Smyth County Floodplain Management Ordinance and shown on the Flood Boundary and Floodway Map prepared by the Federal Emergency Management Agency. The regulations applicable within the FM District shall be as set forth in the Smyth County Floodplain Management Ordinance adopted by the Board of Supervisors on May 15, 1980, and as hereafter amended. The regulations and other provisions of said Ordinance and the Flood Boundary and Floodway Map prepared by the Federal Emergency Management Agency and hereafter amended, are supplemental requirements for the land affected herein.
(Ord. of 10-12-2001)
The intent of the Airport Safety District (AS) is to accomplish the purposes of the Smyth County Airport Safety Zoning Ordinance as set forth in the Smyth County Code, adopted January 8, 1991, and as hereafter amended.
3-9.1. Application of District. The Airport Safety District shall be in addition to, and shall be construed to overlay, overlap, and be superimposed on other zoning districts established by this Ordinance and shown on the Official Zoning District Map. Any property lying within the Airport Safety District shall also lie within and be subject to the regulations of one or more of the other zoning districts established by this Ordinance. Those districts shall be known as underlying districts.
3-9.2. District Regulations and Boundaries. The locations and boundaries of the Airport Safety District shall be as described in the Smyth County Airport Safety Zoning Ordinance and shown on the Airport Safety Zoning Map. The regulations applicable within the AS District shall be as set forth in the Smyth County Airport Safety Zoning Ordinance adopted by the Board of Supervisors on January 8, 1991, and as hereafter amended. The regulations and other provisions of said Ordinance and the Airport Safety Zoning Map, adopted January 8, 1991, and hereafter amended, are supplemental zoning requirements for the land affected therein.
(Ord. of 10-12-2001)
- DISTRICT REGULATIONS
The intent of the Agricultural District is to facilitate existing and future forest or agricultural operations in areas where population density is low due to location, terrain, and lack of existing or proposed public water and sewer services, and where agriculture is the predominant land use. Due to these constraints, land development potential is limited, except for very low density residential uses (single-family) and certain small and farm-related commercial uses. A limited number of more intensive uses are permitted by special use permit. The intent of the district is to preserve and protect existing agricultural land resources.
3-1.1 Uses Permitted by Right in the A District. Uses permitted by right in the Agricultural District shall be established in compliance with this article, Article IV, supplementary regulations, and other applicable Smyth County Ordinances. Uses permitted by right are limited to one or more of the following uses:
(a)
Agriculture.
(b)
Single-family dwelling.
(c)
Manufactured home.
(d)
Accessory dwelling.
(e)
Home occupation.
(f)
Recreational dwelling.
(g)
Temporary forestry operations, including necessary temporary uses or buildings such as temporary sawmill, but not stationary sawmill.
(h)
Public and semi-public uses including:
(1)
Cemetery.
(2)
Church.
(3)
Community center.
(4)
Fire department and rescue squad establishments.
(5)
Park, playground, or ball field.
(6)
Public school.
(7)
Recreational trail, including hiking, riding, or bicycling.
(i)
Public utility facilities, including water and sewer lines, tanks, pump stations; electric, telephone and cable television facilities, but excluding communications towers and electric generating or booster facilities.
(j)
General country store or convenience store.
(k)
Personal service business.
(l)
Professional office.
(m)
Lodge or country inn.
(n)
Bed and breakfast establishment.
(o)
Animal clinic.
(p)
Antique and/or craft shop.
(q)
Vineyard and/or winery.
(r)
Hunting club.
(s)
Commercial greenhouse or nurseries.
(t)
Group homes.
(u)
Service business, general contractor, minor.
(Amend of 4-12-2016(1), § 1)
3-1.2. Uses Permitted with Special Use Permit in the A District. Special uses in the Agricultural District may be permitted following a public hearing and approval as set forth in Article VI. Special uses are limited to one or more of the following uses:
(a)
Restaurant.
(b)
Retail store and shop, other than antique or craft shop.
(c)
Agricultural equipment sales and service.
(d)
Kennel.
(e)
Fruit and vegetable packing plant.
(f)
Commercial stables.
(g)
Campground and recreational vehicle park.
(h)
Communication tower.
(i)
Electric generating or booster facilities.
(j)
Roadside market.
(k)
Mining, quarrying, and mineral extraction.
(l)
Solid waste/recycling convenience station, excluding landfills and transfer stations.
(m)
Recreation facilities, including, game room, summer camp, fairgrounds, and other similar uses.
(n)
Service business, general contractor, major
(o)
Emergency communication network (ECN) towers.
(p)
Commercial rodeo rings or arenas.
(q)
Accessory buildings above 150 square feet in size, without a main building.
(r)
Auction house.
(s)
Permanent forestry operations.
(t)
Group care facility.
(u)
Auditorium.
(v)
Automotive sales.
(w)
Automotive servicing and parts.
(x)
Automotive sales and service.
(y)
Boardinghouse.
(z)
Broadcasting/radio or television station.
(aa)
Brewery.
(bb)
Cab service.
(cc)
Campground.
(dd)
Catering facility.
(ee)
Commercial bus station.
(ff)
Commercial bus terminal.
(gg)
Distillery.
(hh)
Ecotourism, major.
(ii)
Ecotourism, minor.
(jj)
Event center.
(kk)
Laboratory, medical and analytical.
(ll)
Livestock market.
(mm)
Meat processing facility.
(nn)
Microbrewery.
(oo)
Microdistillery.
(pp)
Nanobrewery.
(qq)
Recreational vehicle park.
(rr)
Recreational vehicle sales, service, rental.
(ss)
Shooting range, indoor.
(tt)
Shooting range, outdoor.
(uu)
Stonecutting, monument manufacture and sale.
(vv)
Taxidermy.
(ww)
Tire recapping and retreading.
(xx)
Townhouse.
(yy)
Airport.
(zz)
Battery Storage Facility/Energy Storage Facility.
(aaa)
Wind Energy Facility.
(Amend of 4-12-2016(1), § 1; Amend of 11-10-2021(1); Ord. of 8-10-2023(2); Ord. of 8-10-2023(3))
3-1.3. Minimum Lot Sizes and Relationship to Subdivision Ordinance in the A District.
(a)
The minimum lot size in the Agricultural District shall be one acre, with the exception of lots on record as allowed in Section 4-3.1 of this Ordinance; and
(b)
A subdivision of land, as defined in Section 4.3.23 of the Smyth County Subdivision Ordinance, is not permitted in this district. Any division of less than four lots and/or one that meets the exceptions to the definition of subdivision in Section 4.3.23 of the Smyth County Subdivision Ordinance, is permitted.
(Amend of 11-8-2016(1)))
3-1.4. Setback Requirements in the A District. No building or accessory structure is permitted to be located closer to property or lot lines than the following distances. For the purpose of this section in determining front lot setback distances along road or street frontages, no lot line will be considered to extend beyond the nearest edge of the road or street right-of-way. Setback distances are measured from the lot line to the nearest point of the building or structure excluding any unenclosed porch, stoop, deck, or patio.
(a)
Front lot setback minimum distances for both principal and accessory buildings in the A District:
(1)
Thirty-five feet from nearest edge of the right-of-way of major highways, i.e. Highway 11, 16, 42, 81, and 91.
(2)
Forty feet from the centerline of all other roads and streets. This includes corner lots fronting on the road or street.
(b)
Side lot setback minimum distances in the A District:
(1)
Fifteen feet for principal building, five feet for accessory building.
(2)
Forty feet from the centerline of road or street for principal and accessory building when side lot is abutting to a road or street.
(c)
Rear lot setback minimum distance in the A District: Fifteen feet for principal building, five feet for accessory building.
(Ord. of 10-12-2001)
The intent of the Agricultural/Rural District is to preserve and protect the existing rural character and agricultural base in the County, as well as allow non-farm dwellings and small commercial and community establishments serving the rural residents. The district regulations allow more intensive uses by special use permit. Areas in the Agricultural/Rural District could have development potential due to the presence of or planned provision of water and sewer services, particularly in the Growth areas and Rural Service areas as recognized in the Comprehensive Plan.
3-2.1. Uses Permitted by Right in the A/R District. Uses permitted by right in the Agricultural/Rural District shall be established in compliance with this article, Article IV, supplementary regulations, and other applicable Smyth County Ordinances. Uses permitted by right are limited to one or more of the following uses:
(a)
Agriculture.
(b)
Single-family dwelling.
(c)
Manufactured home.
(d)
Accessory dwelling.
(e)
Two-family dwelling.
(f)
Home occupation.
(g)
Recreational dwelling.
(h)
Temporary forestry operations, including necessary temporary uses or buildings such as temporary sawmill, but not stationary sawmill.
(i)
Public and semi-public uses including:
(1)
Cemetery.
(2)
Church.
(3)
Community center.
(4)
Fire department and rescue squad establishments.
(5)
Library.
(6)
Museum.
(7)
Park, playground, or ball field.
(8)
Post office.
(9)
Public school.
(10)
Recreational trail, including hiking, riding, or bicycling.
(j)
Public utility facilities, including water and sewer lines, tanks, pump stations; electric, telephone and cable television facilities, but excluding communications towers and electric generating or booster facilities.
(k)
General country store or convenience store.
(l)
Personal service business.
(m)
Professional office.
(n)
Lodge or country inn.
(o)
Bed and breakfast establishment.
(p)
Animal clinic.
(q)
Fruit packing plant.
(r)
Vineyard and/or winery operation.
(s)
Hunting club.
(t)
Antique or craft shop.
(u)
Commercial greenhouse or nursery.
(v)
Group homes.
(w)
Service business, general contractor, minor.
(Amend of 4-12-2016(1), § 1)
3-2.2. Uses Permitted with Special Use Permit in the A/R District. Special uses in the Agricultural/Rural District may be permitted following a public hearing and approval as set forth in Article VI. Special uses are limited to one or more of the following uses:
(a)
Private school, child day center or eldercare center.
(b)
Restaurant.
(c)
Retail stores and shops, other than antique or craft shop.
(d)
Flea market or roadside market.
(e)
Automotive sales and service.
(f)
Agricultural equipment sales and service.
(g)
Kennel.
(h)
Commercial slaughterhouse.
(i)
Commercial stables.
(j)
Campground or recreational vehicle park.
(k)
Communication tower.
(l)
Electric generating or booster facilities.
(m)
Group home.
(h)
Rest home.
(o)
Multi-family dwelling.
(p)
Townhouses.
(q)
Manufactured home park, in accordance with Chapter 50 of the Smyth County Code.
(r)
Mining, quarrying, and mineral extraction.
(s)
Solid waste/recycling convenience station, excluding landfills and transfer stations.
(t)
Recreation facilities, including golf course, game room, summer camp, fairgrounds, and other similar uses.
(u)
Junkyards and automobile graveyards, as defined in Article X and regulated in Article IV.
(v)
Service business, general contractor, minor
(w)
Emergency communication network (ECN) towers.
(x)
Commercial rodeo rings or arenas.
(y)
Accessory buildings above 150 square feet in size, without a main building.
(z)
Auction house.
(aa)
Permanent forestry operations.
(bb)
Mini-warehouse.
(cc)
Group care facility.
(dd)
Auditorium.
(ee)
Automotive sales.
(ff)
Automotive servicing and parts.
(gg)
Boardinghouse.
(hh)
Broadcasting/radio or television station.
(ii)
Brewery.
(jj)
Cab service.
(kk)
Campground.
(ll)
Catering facility.
(mm)
Commercial bus station.
(nn)
Commercial bus terminal.
(oo)
Distillery.
(pp)
Ecotourism, major.
(qq)
Ecotourism, minor.
(rr)
Event center.
(ss)
Laboratory, medical and analytical.
(tt)
Livestock market.
(uu)
Meat processing facility.
(vv)
Microbrewery.
(ww)
Microdistillery.
(xx)
Nanobrewery.
(yy)
Recreational vehicle park.
(zz)
Recreational vehicle sales, service, rental.
(aaa)
Shooting range, indoor.
(bbb)
Shooting range, outdoor.
(ccc)
Stonecutting, monument manufacture and sale.
(ddd)
Taxidermy.
(eee)
Tire recapping and retreading.
(fff)
Airport.
(ggg)
Battery Storage Facility/Energy Storage Facility.
(hhh)
Wind Energy Facility.
(Ord. of 8-11-2015, § 1; Amend of 4-12-2016(1), § 1; Amend of 11-10-2021(1); Ord. of 8-10-2023(2); Ord. of 8-10-2023(3))
3-2.3. Minimum Lot Sizes and Relationship to Subdivision Ordinance in the A/R District.
(a)
The following minimum lot sizes apply in this district with the exception of lots on record as allowed in Section 4-3.1. Greater lot areas may be required where individual septic systems or individual wells are used if the health department determines that there are factors of drainage, soil conditions or other conditions that cause potential health problems.
(1)
Lots with both public water and sewer: 10,000 square feet in area with a minimum lot width of 100 feet.
(2)
Lots with public water only: 15,000 square feet in area, with a minimum lot width of 100 feet.
(3)
Lots with neither public water or sewer: 25,000 square feet in area, with a minimum lot width of 100 feet.
(b)
A subdivision of land, as defined in Section 4.3.23 of the Smyth County Subdivision Ordinance, requires rezoning to the Residential District. Any division of less than four lots and/or one that meets the exceptions to the definition of subdivision in Section 4.3.23 of the Smyth County Subdivision Ordinance, is permitted in this district.
3-2.4. Setback Requirements in the A/R District. No building or accessory structure is permitted to be located closer to property or lot lines than the following distances. For the purpose of this section in determining front lot setback distances along road or street frontages, no lot line will be considered to extend beyond the nearest edge of the road or street right-of-way. Setback distances are measured from the lot line to the nearest point of the building or structure excluding any unenclosed porch, stoop, deck, or patio.
(a)
Front lot setback minimum distances for both principal and accessory buildings in the A/R District:
(1)
Thirty-five feet from nearest edge of the right-of-way of major highways, i.e. Highway 11, 16, 42, 81, and 91.
(2)
Forty feet from the centerline of all other roads and streets. This includes corner lots fronting on the road or street.
(b)
Side lot setback minimum distances in the A/R District:
(1)
Fifteen feet for principal building, five feet for accessory building,
(2)
Forty feet from the centerline of road or street for principal and accessory building when side lot is abutting to a road or street.
(c)
Rear lot setback minimum distance in the A/R District: Fifteen feet for principal building, five feet for accessory building.
(Ord. of 10-12-2001)
The intent of the Residential District is to provide quality, well-planned areas for single-family residential development, and allow for higher density residential development only if appropriate to the area. The district is designed to preserve the essential character of existing low-density residential areas, encourage new residential development in accordance with modern subdivision standards, protect single-family residential areas from encroachment by potentially incompatible commercial land uses, maintain a low density of development to avoid undue burden on utilities and other public services, and allow for higher density residential development, if compatible with the surrounding neighborhood and if suitable public services are available.
3-3.1. Uses Permitted by Right in the R District. Uses permitted by right in the Residential District shall be established in compliance with this article, Article IV, supplementary regulations, and other applicable Smyth County Ordinances. Uses permitted by right are limited to one or more of the following uses:
(a)
Single-family dwelling.
(b)
Manufactured home, if doublewide in width or larger, and with a masonry type skirting.
(c)
Home occupation.
(d)
Church.
(e)
Group homes.
3-3.2. Uses Permitted with Special Use Permit in the R District. Special uses in the Residential District may be permitted following a public hearing and approval as set forth in Article VI. Special uses are limited to one or more of the following uses:
(a)
Schools (public and private), child day, or elder care center.
(b)
Public recreational facilities (parks, playgrounds, ball fields).
(c)
Community centers.
(d)
Townhouse.
(e)
Two-family or multi-family dwelling units.
(f)
Bed and breakfast.
(g)
Emergency communication network (ECN) towers.
(h)
Accessory buildings above 150 square feet in size, without a main building.
(i)
Group care facility.
(j)
Auditorium.
(k)
Automotive sales.
(l)
Automotive servicing and parts.
(m)
Automotive sales and service.
(n)
Boardinghouse.
(o)
Broadcasting/radio or television station.
(p)
Cab service.
(q)
Catering facility.
(r)
Commercial bus station.
(s)
Ecotourism, major.
(t)
Ecotourism, minor.
(u)
Event center.
(v)
Laboratory, medical and analytical.
(w)
Microbrewery.
(x)
Microdistillery.
(y)
Nanobrewery.
(z)
Recreational vehicle sales, service, rental.
(aa)
Service business, general contractor, major.
(bb)
Service business, general contractor, minor.
(cc)
Stonecutting, monument manufacture and sale.
(dd)
Taxidermy.
(ee)
Vineyard/winery.
(ff)
Airport.
(Ord. of 8-11-2015, § 1; Amend of 4-12-2016(1), § 1; Amend of 11-10-2021(1))
3-3.3. Minimum Lot Sizes in the R District.
(a)
The following minimum lot sizes apply in this district with the exception of lots on record as allowed in Section 4-3.1 and with an exception for townhouses, as defined and regulated in the Smyth County Subdivision Ordinance. Greater lot areas may be required where individual septic systems or individual wells are used if the health department determines that there are factors of drainage, soil conditions or other conditions that cause potential health problems.
(1)
Lots with both public water and sewer: 10,000 square feet in area, with a minimum lot width of 100 feet.
(2)
Lots with public water only: 15,000 square feet in area, with a minimum lot width of 100 feet.
(3)
Lots with neither public water or sewer: 25,000 square feet in area, with a minimum lot width of 100 feet.
(b)
Any division of property, including that meeting the definition of subdivision, as defined in Section 4.3.23 of the Smyth County Subdivision Ordinance, except 4-3.23(5) Recreational Development, is permitted in this district, subject to the provisions of the Subdivision Ordinance.
3-3.4. Setback Requirements in the R District. No building or accessory structure is permitted to be located closer to property or lot lines than the following distances. For the purpose of this section in determining front lot setback distances along road or street frontages, no lot line will be considered to extend beyond the nearest edge of the road or street right-of-way. Setback distances are measured from the lot line to the nearest point of the building or structure excluding any unenclosed porch, stoop, deck, or patio.
(a)
Front lot setback minimum distances for both principal and accessory buildings in the R District:
(1)
Thirty-five feet from nearest edge of the right-of-way of major highways, i.e. Highway 11, 16, 42, 81, and 91.
(2)
Forty feet from the centerline of all other roads and streets. This includes corner lots fronting on the road or street.
(b)
Side lot setback minimum distances in the R District:
(1)
Fifteen feet for principal building, five feet for accessory building.
(2)
Forty feet from the centerline of road or street for principal and accessory building when side lot is abutting to a road or street.
(c)
Rear lot setback minimum distance in the R District: Fifteen feet for principal building, five feet for accessory building.
(Ord. of 10-12-2001)
The Commercial District is designed to provide a general range of retail, office, and service businesses with business uses taking priority over any other type of use. The district is intended to promote business opportunities, economic development, and the provision of services for nearby residential neighborhoods and the community as a whole. The activities may generate relatively large volumes of customer traffic and have frequent delivery of goods and services.
3-4.1. Uses Permitted by Right in the C District. Uses permitted by right in the Commercial District shall be established in compliance with this article, Article IV, supplementary regulations, and other applicable Smyth County Ordinances. Uses permitted by right are limited to one or more of the following uses:
(a)
Personal service businesses.
(b)
Professional office.
(c)
Retail stores.
(d)
Dry cleaners and laundromat.
(e)
Banks and other financial institutions.
(f)
Restaurants.
(g)
Furniture, home appliance, and home decorating stores.
(h)
Automobile sales and service.
(i)
Feed and seed store.
(j)
Commercial greenhouse, garden supply and plant sales.
(k)
Convenience stores and gasoline sales.
(l)
Hotels and motels and bed and breakfast inns.
(m)
Theaters.
(n)
Health/fitness clubs.
(o)
Recreation facilities, including bowling, miniature golf course, and game room.
(p)
Mini-warehouse.
(q)
Funeral home.
(r)
Roadside market.
(s)
Fire department and rescue squad facilities.
(t)
Medical services and supply sales.
(u)
Accessory dwelling.
(v)
Construction sales and service.
(w)
Animal clinic.
(x)
Automobile body shop with inside vehicle storage.
(y)
Machinery sales and service including farm and construction machinery.
(z)
Call center and/or data processing facility.
(aa)
Public and semi-public uses including:
1.
Cemetery.
2.
Church.
3.
Community center.
4.
Fire department and rescue squad establishments.
5.
Library.
6.
Museum.
7.
Park, playground, or ball field.
8.
Post office.
9.
School.
10.
Recreational trail, including hiking, riding, or bicycling.
(bb)
Flea market.
(cc)
Antique/craft shop.
(dd)
Auction house.
(ee)
Garage.
(ff)
Private school.
(gg)
Auditorium.
(hh)
Automotive sales.
(ii)
Automotive servicing and parts.
(jj)
Broadcasting/radio or television station.
(kk)
Brewery
(ll)
Cab service.
(mm)
Catering facility.
(nn)
Commercial bus station.
(oo)
Commercial bus terminal.
(pp)
Distillery.
(qq)
Laboratory, medical and analytical.
(rr)
Microbrewery.
(ss)
Microdistillary.
(tt)
Nanobrewery.
(uu)
Recreation vehicle sales, service and rental.
(vv)
Service business, general contractor, major.
(ww)
Service business, general contract, minor.
(xx)
Stonecutting, monument manufacture and sale.
(yy)
Taxidermy.
(zz)
Tire recapping and retreading.
(aaa)
Vineyard/winery.
(Amend of 4-12-2016(1), § 1)
3-4.2. Uses Permitted with Special Use Permit in the C District. Special uses in the Commercial District may be permitted following a public hearing and approval as set forth in Article VI. Special uses are limited to one or more of the following uses:
(a)
Kennels.
(b)
Amusement or entertainment establishments.
(c)
Sales of major recreational equipment.
(d)
Sales of manufactured or modular housing.
(e)
Storage warehouses.
(f)
Wholesale distribution and sales.
(g)
Truck stops.
(h)
Communications tower.
(i)
Electric generating or booster station.
(j)
Child day or eldercare center.
(k)
Light manufacturing.
(l)
Petroleum, fuel oil, or propane storage for purposes of distribution.
(m)
Medical care facility.
(n)
Emergency communication network (ECN) towers.
(o)
Accessory buildings above 150 square feet in size, without a main building.
(p)
Adult bookstore or adult video store.
(q)
Adult drive-in theater.
(r)
Adult entertainment establishment.
(s)
Adult mini-motion picture theater.
(t)
Adult model studio.
(u)
Adult motion picture arcade.
(v)
Adult motion picture theater.
(w)
Adult retail store.
(x)
Massage parlor.
(y)
Group care facility.
(z)
Boardinghouse.
(aa)
Campground.
(bb)
Campground and recreational vehicle park.
(cc)
Ecotourism, major.
(dd)
Ecotourism, minor.
(ee)
Event center.
(ff)
Livestock market.
(gg)
Meat processing facility.
(hh)
Recreational vehicle park.
(ii)
Shooting range, indoor.
(jj)
Shooting range, outdoor.
(kk)
Townhouse.
(ll)
Airport.
(mm)
Battery Storage Facility/Energy Storage Facility.
(nn)
Wind Energy Facility.
(Ord. of 8-11-2015, § 1; Amend of 4-12-2016(1), § 1; Amend of 11-10-2021(1); Ord. of 8-10-2023(2); Ord. of 8-10-2023(3))
3-4.3. Minimum Lot Size in the C District. The following minimum lot sizes apply in this district with the exception of lots on record as allowed in Section 4-3.1. Greater lot areas may be required where individual septic systems or individual wells are used if the health department determines that there are factors of drainage, soil conditions or other conditions that cause potential health problems. Greater lot areas may also be required to meet any parking requirements contained in Article IV.
(1)
Lots with both public water and sewer: 10,000 square feet in area with a minimum lot width of 100 feet.
(2)
Lots with public water only: 15,000 square feet in area with a minimum lot width of 100 feet.
(3)
Lots with neither public water or sewer: 25,000 square feet in area with a minimum lot width of 100 feet.
3-4.4. Setback Requirements in the C District. No building or accessory structure is permitted to be located closer to property or lot lines than the following distances. For the purpose of this section in determining front lot setback distances along road or street frontages, no lot line will be considered to extend beyond the nearest edge of the road or street right-of-way. Setback distances are measured from the lot line to the nearest point of the building or structure excluding any unenclosed porch, stoop, deck, or patio.
(a)
Front lot setback minimum distances for both principal and accessory buildings in the C District:
(1)
Thirty-five feet from nearest edge of the right-of-way of major highways, i.e. Highway 11, 16, 42, 81, and 91.
(2)
Forty feet from the centerline of all other roads and streets. This includes corner lots fronting on the road or street.
(b)
Side lot setback minimum distances in the C District:
(1)
Fifteen feet for principal building, five feet for accessory building.
(2)
Forty feet from the centerline of road or street for principal and accessory building when side lot is abutting to a road or street.
(c)
Rear lot setback minimum distance in the C District: Fifteen feet for principal building, five feet for accessory building.
(Ord. of 10-12-2001)
This district is designed to provide areas suitable for industrial land uses and to allow for economic and employment growth. The primary activity in the Industrial District is the manufacturing of new products, including processing, packaging, treatment and assembly of components for new products. The intent of the district is to promote land uses that are as compatible as possible with adjacent commercial and residential areas.
3-5.1. Uses Permitted by Right in the Industrial District. Uses permitted by right in the Industrial District shall be established in compliance with this article, Article IV, supplementary regulations, and other applicable Smyth County Ordinances. Uses permitted by right are limited to one or more of the following uses:
(a)
Food, tobacco, and beverage products manufacturing, excluding animal slaughtering and processing.
(b)
Textile mills, knitting mills, and apparel manufacturing.
(c)
Leather and associated product manufacturing.
(d)
Wood products manufacturing, excluding stationary sawmills.
(e)
Paper products manufacturing, excluding pulp, paper, and paperboard mills.
(f)
Printing establishments.
(g)
Pharmaceutical and medicine manufacturing.
(h)
Plastics and rubber products manufacturing.
(i)
Non-metallic mineral product manufacturing, excluding concrete, cement, lime, or gypsum manufacturing or processing.
(j)
Fabricated metal products.
(k)
Machinery manufacturing.
(l)
Computer and electronic products.
(m)
Electrical equipment, appliance, and component manufacturing.
(n)
Transportation equipment, including assembly of automotive components.
(o)
Furniture and related product manufacturing.
(p)
Construction sales and service.
(q)
Contractor equipment storage yards.
(r)
Storage warehouses.
(s)
Wholesale distribution and sales.
(t)
Truck terminal.
(u)
Call center and/or data processing facility.
(v)
Church.
(w)
Brewery.
(x)
Cab service.
(y)
Catering facility.
(z)
Commercial bus station.
(aa)
Commercial bus terminal.
(bb)
Distillery.
(cc)
Laboratory, medical and analytical.
(dd)
Microbrewery.
(ee)
Microdistillary.
(ff)
Nanobrewery.
(gg)
Service business, general contractor, major.
(hh)
Service business, general contractor, minor.
(ll)
Taxidermy.
(jj)
Tire recapping and retreading.
(kk)
Vineyard/winery.
(Amend of 4-12-2016(1), § 1)
3-5.2. Uses Permitted with Special Use Permit in the Industrial District. Special uses in the Industrial District shall be permitted following a public hearing and approval as set forth in Article VI. Special uses are limited to one or more of the following uses:
(a)
Paper, pulp, and paperboard mills.
(b)
Stationary sawmills.
(c)
Petroleum and coal products manufacturing, including asphalt materials.
(d)
Chemical manufacturing, including processing and storage.
(e)
Concrete, cement, lime, or gypsum manufacturing or processing.
(f)
Primary metal manufacturing, including steel mills, foundries, and smelting activities.
(g)
Mining, quarrying, mineral extraction and processing.
(h)
Electric generating and booster facilities.
(i)
Communication towers.
(j)
Child day or eldercare center.
(k)
Incineration facility.
(l)
Emergency communication network (ECN) towers.
(m)
Accessory buildings above 150 square feet in size, without a main building.
(n)
Mini-warehouse.
(o)
Auditorium.
(p)
Automotive sales.
(q)
Automotive servicing and parts.
(r)
Automotive sales and service.
(s)
Boardinghouse.
(t)
Broadcasting/radio or television station.
(u)
Ecotourism, major.
(v)
Ecotourism, minor.
(w)
Event center.
(x)
Livestock market.
(y)
Meat processing facility.
(z)
Recreation vehicle sales, service and rental.
(aa)
Shooting range, indoor.
(bb)
Shooting range, outdoor.
(cc)
Stonecutting, monument manufacture and sale.
(dd)
Townhouse.
(ee)
Airport.
(ff)
Battery Storage Facility/Energy Storage Facility.
(gg)
Wind Energy Facility.
(Ord. of 10-12-2001; Amend of 4-9-2014; Ord. of 8-11-2015, § 1; Amend of 4-12-2016(1), § 1; Amend of 11-10-2021(1); Ord. of 8-10-2023(2); Ord. of 8-10-2023(3))
3-5.3. Minimum Lot Size in the Industrial District. The following minimum lot sizes apply in this district with the exception of lots on record as allowed in Section 4-3.1. Greater lot areas may be required where individual septic systems or individual wells are used if the health department determines that there are factors of drainage, soil conditions or other conditions that cause potential health problems. Greater lot areas may also be required to meet any parking requirements contained in Article IV.
(1)
Lots with both public water and sewer: 10,000 square feet in area with a minimum lot width of 100 feet.
(2)
Lots with public water only: 15,000 square feet in area with a minimum lot width of 100 feet.
(3)
Lots with neither public water or sewer: 25,000 square feet in area with a minimum lot width of 100 feet.
3-5.4. Setback Requirements in the Industrial District. No building or accessory structure is permitted to be located closer to property or lot lines than the following distances. For the purpose of this section in determining front lot setback distances along road or street frontages, no lot line will be considered to extend beyond the nearest edge of the road or street right-of-way. Setback distances are measured from the lot line to the nearest point of the building or structure excluding any unenclosed porch, stoop, deck, or patio.
(a)
Front lot setback minimum distances for both principal and accessory buildings in the Industrial District: Thirty-five feet from any road or street right-of-way if the right-of-way is 50 feet or greater in width, or 60 feet from any road or street centerline if the right-of-way is less than 50 feet in width.
(b)
Side lot setback minimum distances in the Industrial District:
(1)
Fifteen feet for principal building, five feet for accessory building.
(2)
Forty feet from the centerline of road or street for principal and accessory building when side lot is abutting to a road or street.
(c)
Rear lot setback minimum distance in the Industrial District: Fifteen feet for principal building, five feet for accessory building.
(Ord. of 10-12-2001)
This district is designed to protect the natural environment and scenic quality of the County from inappropriate development. This district could allow for low-density recreational development compatible with the Jefferson National Forest, Mount Rogers National Recreation Area, Hungry Mother State Park, and the Appalachian Trail.
3-6.1. Uses Permitted by Right in the C/R District. Uses permitted by right in the Conservation/Recreation District shall be established in compliance with this article, Article IV, supplementary regulations, and other applicable Smyth County Ordinance. Uses permitted by right are limited to the following uses:
(a)
Agriculture.
(b)
Single-family dwelling.
(c)
Recreational dwelling.
(d)
Wildlife refuges and conservation areas.
(e)
Home occupation, as defined.
(f)
Church.
(g)
Recreational trail.
(h)
Group homes.
3-6.2. Uses Permitted with Special Use Permit in the C/R District. Special uses in the Conservation/Recreation District shall be permitted following a public hearing and approval as set forth in Article VII. Special uses are limited to one or more of the following uses:
(a)
Recreational facilities, such as parks, golf courses.
(b)
Bed and breakfast establishments.
(c)
Commercial stables.
(e)
Community centers.
(f)
Restaurant.
(g)
Emergency communication network (ECN) towers.
(h)
Accessory buildings above 150 square feet in size, without a main building.
(i)
Group care facility.
(j)
Auditorium
(k)
Cab service.
(l)
Campground.
(m)
Campground and recreational vehicle park.
(n)
Catering facility.
(o)
Commercial bus station.
(p)
Distillery.
(q)
Ecotourism, major.
(r)
Ecotourism, minor.
(s)
Event center.
(t)
Microbrewery.
(u)
Microdistillary.
(v)
Nanobrewery.
(w)
Recreational vehicle park.
(x)
Recreational vehicle sales, service, rental.
(y)
Shooting range, indoor.
(z)
Shooting range, outdoor.
(aa)
Stonecutting, monument manufacture and sale.
(bb)
Taxidermy.
(cc)
Tire recapping and retreading.
(dd)
Townhouse.
(ee)
Vineyard/winery.
(Amend of 4-12-2016(1), § 1)
3-6.3. Minimum Lot Sizes in the C/R District. The minimum lot size in the Conservation/Recreation District shall be two acres, with the exception of lots on record as allowed in Section 4-3.1 of this Ordinance, and with the exception of lots which are created under Section 4.3.23(1) and (4) of the Smyth County Subdivision Ordinance.
3-6.4. Setback Requirements in the C/R District. No building or accessory structure is permitted to be located closer to property or lot lines than the following distances. For the purpose of this section in determining front lot setback distances along road or street frontages, no lot line will be considered to extend beyond the nearest edge of the road or street right-of-way. Setback distances are measured from the lot line to the nearest point of the building or structure excluding any unenclosed porch, stoop, deck, or patio.
(a)
Front lot setback minimum distances for both principal and accessory buildings in the C/R District:
(1)
Thirty-five feet from nearest edge of the right-of-way of major highways, i.e. Highway 11, 16, 42, 81, and 91.
(2)
Forty feet from the centerline of all other roads and streets. This includes corner lots fronting on the road or street.
(b)
Side lot setback minimum distances in the C/R District:
(1)
Fifteen feet for principal building, five feet for accessory building.
(2)
Forty feet from the centerline of road or street for principal and accessory building when side lot is abutting to a road or street.
(c)
Rear lot setback minimum distance in the C/R District: Fifteen feet for principal building, five feet for accessory building.
(Ord. of 10-12-2001)
The purpose of the Conservation/Recreation - Public District is to delineate on the zoning map, as amended from time to time, the lands in Smyth County that are publicly owned and managed by the state and federal government for conservation and recreation purposes. These lands include primarily the Jefferson National Forest (including the Mount Rogers National Recreation Area), the Hungry Mother State Park, and the Clinch Mountain Wildlife Management Area. It is understood that all land use regulations in such district are dictated by the agency that owns the property.
(Ord. of 10-12-2001)
The intent of the Floodplain Management District (FM) is to accomplish the purposes of the Smyth County Floodplain Management Ordinance as set forth in the Smyth County Code, adopted on May 15, 1980 and as thereafter amended.
3-8.1. Application of District. The Floodplain Management District shall be in addition to, and shall construed to overlay, overlap, and be superimposed on other zoning districts established by this Ordinance and shown on the Official Zoning District Map. Any property lying within the Floodplain District shall also be considered to lie within and be subject to the regulations of one or more of the other zoning districts established by this Ordinance. Those districts shall be known as underlying districts.
3-8.2. District Regulations and Boundaries. The locations and boundaries of the Floodplain Management District shall be as described in the Smyth County Floodplain Management Ordinance and shown on the Flood Boundary and Floodway Map prepared by the Federal Emergency Management Agency. The regulations applicable within the FM District shall be as set forth in the Smyth County Floodplain Management Ordinance adopted by the Board of Supervisors on May 15, 1980, and as hereafter amended. The regulations and other provisions of said Ordinance and the Flood Boundary and Floodway Map prepared by the Federal Emergency Management Agency and hereafter amended, are supplemental requirements for the land affected herein.
(Ord. of 10-12-2001)
The intent of the Airport Safety District (AS) is to accomplish the purposes of the Smyth County Airport Safety Zoning Ordinance as set forth in the Smyth County Code, adopted January 8, 1991, and as hereafter amended.
3-9.1. Application of District. The Airport Safety District shall be in addition to, and shall be construed to overlay, overlap, and be superimposed on other zoning districts established by this Ordinance and shown on the Official Zoning District Map. Any property lying within the Airport Safety District shall also lie within and be subject to the regulations of one or more of the other zoning districts established by this Ordinance. Those districts shall be known as underlying districts.
3-9.2. District Regulations and Boundaries. The locations and boundaries of the Airport Safety District shall be as described in the Smyth County Airport Safety Zoning Ordinance and shown on the Airport Safety Zoning Map. The regulations applicable within the AS District shall be as set forth in the Smyth County Airport Safety Zoning Ordinance adopted by the Board of Supervisors on January 8, 1991, and as hereafter amended. The regulations and other provisions of said Ordinance and the Airport Safety Zoning Map, adopted January 8, 1991, and hereafter amended, are supplemental zoning requirements for the land affected therein.
(Ord. of 10-12-2001)