The purpose of this article is to establish specific uses that are permitted in each primary zoning district. To accomplish this purpose Table 4.1, to be called "Table of Permitted Uses in Primary Zoning Districts" (also referred to as the table of permitted uses), is hereby created as a part of this article which article is a part of the zoning ordinance of the town. This table establishes the uses of land, buildings and/or structures that are permitted in each primary zoning district as shown on the zoning district map described in article III of this chapter.

(Ord. of 12-11-00)

For purposes of this article and other articles of this chapter, the full name of each primary zoning district established in article III along with the abbreviation, or code, used to refer to each such district throughout this chapter is set out in the table below.

Names and Abbreviations

of Primary Zoning Districts

(Ord. of 12-11-00)

The full name of each special purpose zoning district established in article III along with the abbreviation, or code, used to refer to each such district throughout this chapter is set out in the table below. Regulations and other conditions that apply to these districts are given in articles VII, VIII and IX of this chapter.

Names and Abbreviations

of Special Purpose Zoning Districts

(Ord. of 12-11-00)

Table 4.1, titled "Uses Permitted by Zoning District", lists specific uses permitted within the town in each of the primary zoning districts listed in article III and in the previous section. Although the special purpose zoning districts are listed above for completeness, each special district has its own special requirements and for this reason regulations for these districts are set out in separate articles of this chapter.

All uses that are permitted within the town are listed alphabetically in the first column of this table. Each column after that represents one primary zoning district and each row represents one specific use. Within the columns, various codes identify the zoning district(s) in which each use is permitted. A use is shown in one of the following ways: to be permitted by right; or to be permitted as a special exception use according to the following:

(1)

Use permitted by right. This type of use is one that is permitted in a zoning district and for which a permit may be approved by the zoning administrator after an applicant meets the requirements of the district regulations in which the use is to be located and other applicable town codes and ordinances. The abbreviation used in the table to indicate a use permitted by right is the letter "R". When that abbreviation is used in the table, it indicates that the corresponding use is permitted by right in the district, or districts, indicated at the top of the column.

(2)

Use permitted by special exception permit. This type of use is one that, while permitted in a district, each specific occurrence must be approved as a legislative action by the town council after review by the planning commission with the same notices and hearings that are required for zoning changes. The abbreviation used to indicate a conditional use in the table is the letter "S".

(3)

Interpretation of Table 4.1.

a.

If a use is not specifically listed in the table then that use may not be established within the town.

b.

A use may, however, be implied through a listing of a category which contains a family of uses although the use itself may not be specifically listed as a separate use. In such case, the use may be permitted in a district only if it can be clearly demonstrated that the use is customarily accepted as being within the meaning of the category identified in the table.

c.

If, however, a specific use is listed in the table as permitted in any district by right or by special exception, then that use may not be implied as belonging to a general category. In such case a specific use definition shall take precedence over a general category definition.

d.

Regulations of an overlay zoning district which place limitations on, or modifies the requirements of a use or uses otherwise permitted in a primary zoning district, shall be considered to be in addition to the regulations of the primary zoning district in which such use or uses are located.

e.

Special exception uses that require authorization by the town council are listed in Table 4.1. The following conditions apply to all special exception uses:

1.

The use shall comply with all licensing requirements, if any, of any town, county, state or federal government or their agencies.

2.

The use shall be operated in a way as to be compatible with other uses within the same vicinity and in no manner shall it become a nuisance to the neighborhood in which it is located.

3.

In granting a special exception use, the town council shall consider the public convenience, necessity, and general welfare.

4.

A special exception use permit shall be approved only when town council is satisfied that the use and the operation thereof will not be in conflict with the objectives of the comprehensive plan, will not adversely affect adjoining and surrounding property, will not unreasonably impair light and air, convenience of access or safety from fire, flood and other dangers, will not create or unreasonably increase congestion on adjacent streets, will not overburden utilities, public facilities or public services, will not encroach upon historic areas, and will not otherwise be contrary to the stated intent and purpose of this chapter or contrary to good zoning practices.

5.

In evaluating and acting upon special exception use permit applications, the planning commission and the town council shall consider, among other factors: the adequacy of utilities, access, and necessary public facilities and services; off-street parking and vehicular circulation; the arrangement and relationship among elements of the site plan; and the adequacy of separation, buffers, yards and other features to protect adjacent properties from potential adverse effects of the conditional use. The planning commission may recommend and the town council may impose such reasonable requirements and conditions as deemed necessary to accomplish the intent and purpose of this chapter and to meet the guidelines set forth in this section.

6.

Except to the extent that greater requirements may be imposed by the town council pursuant to the provisions of this section, a special exception use shall comply with the regulations and standards generally applicable within the district in which it is located and with any specific conditions for the particular use as set forth in the district regulations.

7.

It is the intent of this chapter that, if required and upon application by the owner, a special exception permit shall be automatically issued administratively and without payment of any fees for any legally existing special exception use that was properly authorized by a previous zoning ordinance prior to the date of adoption of this chapter.

(Ord. of 12-11-00)

Accessory uses that are customarily associated with and are essential to the use and operation of a primary use are considered as part of the primary use and, unless otherwise prohibited by some specific provision of this chapter, such accessory uses shall be permitted to be installed and used along with the primary use which they serve. No accessory use may be established or operated except as an adjunct to its primary use.

(Ord. of 12-11-00)

The following uses shall not be established within any zoning district within the town limits:

(1)

Junkyard, including automobile graveyard as defined in chapter 99.1.

(2)

A facility, also known as a slaughter house or abattoir, where livestock is killed and prepared for distribution to retail markets or other processing.

(3)

A facility processing medical or other hazardous wastes.

(4)

Construction/demolition/debris landfills.

(5)

Dumps.

(Ord. of 12-11-00; Ord. of 1-9-06)

Table 4.1
Uses Permitted by Zoning District

* Condominium is, strictly speaking, a form of ownership established under the Virginia Condominium Act (Code of Virginia, § 11-79.39) and may apply to other building uses, such as offices. Here, however the reference is limited to residential uses developed under the referenced Code section.

(Ord. of 12-11-00; Ord. of 12-18-01; Ord. of 12-9-02(1); Ord. of 3-10-03; Ord. of 4-14-03; Ord. of 6-9-03(3); Ord. of 9-13-04; Ord. of 10-18-04; Ord. of 9-12-05(2); Ord. of 4-10-06; Ord. of 5-8-06(2); Ord. of 12-11-06; Ord. of 12-10-07(3); Ord. of 2-8-10(2); Ord. of 4-12-10; Ord. No. 2012-2, 4-9-12; Ord. No. 2014-1, 2-10-14; Ord. No. 2014-2, 4-14-14; Ord. No. 2014-5, 10-14-14; Ord. No. 2016-3, 7-11-16; Ord. No. 2016-4, 7-11-16; Ord. No. 2017-3, 3-13-17; Ord. No. 2018-5, 4-9-18; Ord. No. 2019-1, 1-14-19; Ord. No. 2019-3, 6-10-19; Ord. No. 2020-8, 8-10-20; Ord. No. 2020-10, 9-14-20; Ord. No. 2021-1, 1-11-21; Ord. No. O-01-23, 6-12-23; Ord. No. O-08-24, 12-9-24)