For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Abattoir. A commercial slaughterhouse.

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

Acreage. A parcel of land, regardless of area, described by metes and bounds which is not a numbered lot on any recorded subdivision plat.

Administrator, the. The official charged with the enforcement of the zoning ordinance. He may be any appointed or elected official who is by formal resolution designated to the position by the town council. He may serve with or without compensation as determined by the council.

Agriculture. The tilling of the soil, the raising of crops, horticulture, forestry, and gardening; including the keeping of animals and fowl and including any agricultural industry or business, such as fruit packing plants, dairies or similar uses.

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

Apartment house. A building used or intended to be used as the residence of three (3) or more families living independently of each other.

Automobile graveyard. Any lot or place which is exposed to the weather upon which more than five (5) motor vehicles of any kind, incapable of being operated, are placed.

Basement. A story having part but not more than one-half (½) of its height below grade. A basement shall be counted as a story for the purpose of height regulations, if it is used for business purposes or for dwelling purposes by other than a janitor employed on the premises.

Bed and breakfast (a.k.a. Tourist home, Boarding house). Any residence offering to the public, for compensation, transitory lodging or sleeping accommodations, offering an optional meal per day, to each person to whom overnight lodging is provided, with adequate off street parking for any guests. A bed and breakfast should be owner occupied with no alcohol offered or served.

Boarding house. (See Bed and breakfast)

Borrow pit. As applied in a construction use, an area where material has been dug and removed for use at another location.

Building. Any structure having a roof supported by columns or walls, for the housing or enclosure of person, animals or chattels.

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

Building, height of. The vertical distance measured from the level of the curb or the established curb grade opposite the middle of the front of the structure to the highest point of the roof, if a flat roof; to the deck line of a mansard roof; or to the mean height level between the eaves and ridge of a gable, hip or gambrel roof. For buildings set back from the street line, the height shall be measured from the average elevation of the ground surface along the front of the building.

Building, main. The principal structure or one (1) of the principal buildings on a lot, or the building or one (1) of the principal buildings housing the principal use on the lot.

Cellar. A story having more than one-half (½) of its height below grade and which may not be occupied for dwelling purposes.

Commission, the. The planning commission of the town.

Convenience store. A single store, the ground floor area of which is four thousand (4,000) square feet or less and which offers for sale, primarily, most of the following articles: Bread, milk, cheese, canned and bottled foods and drinks, tobacco products, candy, papers and magazines and general hardware articles. Gasoline may also be offered for sale, but only as a secondary activity of a convenience store.

Dairy. A commercial establishment for the manufacture and sale of dairy products.

District. Districts, as referred to in the Code of Virginia, § 15.2-2400 et seq.

Dump heap (trash pile). Any area of one hundred (100) square feet or more lying within one thousand (1,000) feet of a state highway, a residence, a dairy barn or food handling establishment where trash, garbage or other waste or scrap material is dumped or deposited without being covered by a sanitary fill.

Dwelling. Any structure which is designed for use for residential purposes, except hotels, boardinghouses, lodging houses, tourist cabins, apartments and automobile trailers.

Dwelling, multi-family. A structure arranged or designed to be occupied by more than one (1) family.

Dwelling, single-family. A structure arranged or designed to be occupied by one (1) family, the structure having only one (1) dwelling unit.

Dwelling, two-family. A structure arranged or designed to be occupied by two (2) families, the structure having only two (2) dwelling units.

Dwelling unit. One (1) or more rooms in a dwelling designed for living or sleeping purposes and having at least one (1) kitchen and one (1) bathroom.

Family. One (1) or more persons occupying a premises and living in a single dwelling unit, as distinguished from an unrelated group occupying a board house, lodging house, tourist home or hotel.

Frontage. The minimum width of a lot measured from one (1) side lot line to the other along a straight line on which no point shall be farther away from the street upon which the lot fronts than the building setback line as defined and required herein.

Garage, private. Accessory building designed or used for the storage of not more than three (3) automobiles owned and used by the occupants of the building to which it is accessory. On a lot occupied by a multiple-unit dwelling, the private garage may be designed and used for the storage of one and one-half (1½) times as many automobiles as there are dwelling units.

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

Golf course. Any golf course, publicly or privately owned, on which the game of golf is played, including accessory uses and buildings customary thereto, but excluding golf driving ranges as defined herein.

Golf driving range. A limited area on which golf players do not walk, but onto which they hit golf balls from a central driving tee.

Governing body. The town council of the town.

Guest room. A room which is intended, arranged or designed to be occupied or which is occupied by one (1) or more guests paying direct or indirect compensation therefor, but in which no provision is made for cooking. Dormitories are excluded.

Historical area. As indicated on the zoning map, to which the provisions of the ordinance apply for protection of a historical heritage.

Hog farm. A farm where hogs are kept.

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

Home occupation.

(1)

Definition. An accessory use of a dwelling unit for gainful employment involving the production, provision, or sale of goods and/or services.

(2)

Intent. Under certain unique circumstances a small scaled commercial activity may be an appropriate use within a residential dwelling, with the standards and procedure for establishing such uses being intended to limit the scope and nature of such uses in order to ensure compatibility with adjoining properties.

(3)

General standards.

a.

Home occupations shall be clearly incidental and secondary to the use of the dwelling for residential purposes and shall not change its character as a residence. The use of colors, materials, construction, lighting, or other means inconsistent with a residential use shall be prohibited.

b.

No equipment or process shall be used in a home occupation which creates noise in excess of sixty (60) dB(A) measured at the property line, or vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the premises or through common walls. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or through common walls.

c.

There shall be no outside storage of goods, products, equipment, or other materials associated with the home occupation, nor shall these materials be stored inside an accessory structure. No toxic, explosive, flammable, radioactive, or other hazardous materials used in conjunction with the home occupation shall be used, sold, or stored on the site.

d.

The maximum floor area permitted for a home occupation shall be ten (10) percent of the finished floor area of the dwelling unit. Storage of good or products shall not exceed five (5) percent of the finished floor area.

e..

One (1) person who is not a permanent resident of the dwelling may be engaged or employed in the home occupation.

f.

The street address of the home occupation may be used in advertisements.

g.

No sign may be placed on the property advertising the home occupation.

h.

The type and volume of traffic generated by a home occupation shall be consistent with the traffic generation characteristics of other dwellings in the zone. In addition, the lot or property on which the home occupation is conducted shall not have any parking spaces added to it during the time the home occupation is being conducted.

i.

The home occupation shall not increase demand on water, sewer, or garbage collection services to the extent that the combined demand for the dwelling and home occupation is significantly more than is normal to the use of the property for residential purposes.

j.

No retail or wholesale sales may occur with customers who come onto the property, with the exception of "direct sales" type business where customers are on the premises by prior, individual invitation (i.e., Mary Kay, Tupperware, etc.).

k.

Deliveries related to a home occupation shall be limited to the United States Postal Service, parcel delivery services, and messenger services. The home occupation shall not involve the commercial delivery by tractor trailer of materials or products to or from the premises.

l.

Any motor vehicle used in a home occupation shall conform to the following requirements:

1.

Vehicles used in a home occupation shall be limited to a gross weight of less than twelve thousand (12,000) pounds, a length of less than twenty-one (21) feet, and a width of less than one hundred two (102) inches if it is to be parked on site. Any vehicle exceeding any one (1) of these criteria shall disqualify such vehicle from being parked at the dwelling;

2.

No more than one (1) motor vehicle used in a home occupation shall be parked within the residential zone at any given time;

3.

Any sign maintained on any vehicle used in a home occupation shall be capable of being removed when the vehicle is parked in any residential zone. Vehicles displaying a sign prior to the enactment of this definition within this article shall be exempt from this provision for the life of the vehicle.

m.

Home occupations are permissible only after the occupant applies for and obtains a permit for such home occupation from the town zoning administrator. Said permit shall be valid for the original applicant only, and shall not be transferable to any other resident of the dwelling unit, any other address, or any other home occupation use. Upon cessation of the applicant's residency in the dwelling, the home occupation permit shall immediately become null and void.

n.

A home occupation permit holder shall comply with all local, state, and/or federal regulations pertinent to the occupation activity pursued, and the authorization granted by this article shall not be construed as an exemption from such regulations.

o.

A permit for a home occupation shall be revocable by the zoning administrator upon the failure of the permittee to comply with the terms and conditions of the permit issuance and the general standards set forth herein.

Hospital. An institution rendering medical, obstetrical, surgical, or convalescent care, including nursing homes, homes for the aged and sanatoriums, but in all cases excluding institutions primarily for mental or feebleminded patients, epileptics, alcoholics or drug addicts. (Certain nursing homes and homes for the aged may be "home occupations" if they comply with the definition herein.)

Hospital, special care. A special care hospital shall mean an institution rendering care primarily for mental or feeble-minded patients, epileptics, alcoholics or drug addicts.

Hotel. A building designed or occupied as the more or less temporary abiding place for fourteen (14) or more individuals who, for compensation, are lodged, with or without meals and in which provision is not generally made for cooking in individual rooms or suites.

Junk yard. The use of any area of land lying within one hundred (100) feet of a state highway or the use of more than two hundred (200) square feet of land area in any location for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials. The term "junk yard" shall include the term ("automobile graveyard").

Kennel. A place prepared to house, board, breed, handle or otherwise keep or care for dogs or other animals for sale or in return for compensation.

Livestock market. A commercial establishment wherein livestock is collected for sale and auctioned.

Lot. A parcel of land occupied or to be occupied by a main structure or group of main structures and accessory structures, together with such yards, open spaces, lot width and lot areas as are required by this chapter, and having frontage upon a street, either shown on a plat of record or considered as a unit or property and described by metes and bounds.

Lot, corner. A lot abutting on two (2) or more streets at their intersection. Of the two (2) sides of a corner lot, the front shall be deemed to be the side in which the house faces.

Lot, depth of. The average horizontal distance between the front and rear lot lines.

Lot, double frontage. An interior lot having frontage on two (2) streets.

Lot, interior. Any lot other than a corner lot.

Lot, width of. The average horizontal distance between side lot lines.

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

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

Mobile home. A mobile home is a unit intended for human habitation designed for transportation, after fabrication, on streets and highways on its own wheels or on flatbed or other trailers and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on jacks or permanent foundations, connection to utilities and the like. (See "travel trailer".)

Mobile home park or subdivision. Any area of one (1) acre or more designed to accommodate five (5) or more mobile homes intended for residential use where residence is in mobile homes exclusively.

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

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

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

Off-street parking area. Space provided for vehicular parking outside the dedicated street right-of-way.

Pawnshop. The place of business of any person who lends or advances money or other things for profit on the pledge and possession of personal property, or other valuable things, other than securities or written or printed evidences of indebtedness, or who deals in the purchasing of personal property of other valuable things on condition of selling the same back to the seller at a stipulated price. (The council may limit by resolution or ordinance the number of pawnshops that may be operated at any time within the town limits - Code of Virginia, § 54.1-4002.) Pawnshops operated by a pawnbroker, subject to the provision of Code of Virginia, §§ 54.1-4000 through 54.1-4014. A pawnbroker is required to have a license from the Town of Tazewell before engaging in business ([Code of Virginia, §] 54.1-4001).

Pen. A small enclosure used for the concentrated confinement and housing of animals or poultry; a place for feeding and fattening animals; a coop. Enclosed pasture or range with an area in excess of one hundred (100) square feet for each hog or small animal or two hundred (200) square feet for each larger animal shall not be regarded as a pen.

Precious metals shop. The place of business of any person, firm, partnership or corporation engaged in the business of (i) purchasing secondhand precious metals or gems; (ii) removing in any manner precious metals or gems from manufactured articles not then owned by the person, firm, partnership or corporation; or (iii) buying, acquiring or selling precious metals or gems removed from manufactured articles. Precious metal shops operated by a dealer as defined in Code of Virginia, § 54.1-4100, and subject to the provisions of Code of Virginia, §§ 54.1-4100 through 54.1-4111. A dealer in precious metals is required to have a permit from the chief of police (Code of Virginia, § 54.1-4108). Also, Code of Virginia, § 54.1-4108 requires a dealer in precious metals to pay a two hundred dollar ($200.00) application fee when the permit is issued and an annual permit fee of two hundred dollars ($200.00) thereafter.

Public amusement. Any business operated by a private individual, partnership, or corporation, including but not limited to billiard rooms, pool halls, bowling alleys, dance halls, theaters, or other activities that are utilized by the general population for entertainment and leisure.

Public water and sewer systems. A water and sewer system owned and operated by a municipality or county or owned and operated by a private individual or a corporation approved by the governing body and properly approved by the state health department and subject to special regulations as herein set forth.

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

Restaurant. Any building in which, for compensation, food or beverages are dispensed for consumption on the premises, including, among other establishments, cafes, tea rooms, confectionery shops or refreshment stands.

Retail stores and shops. Buildings for display and sale of merchandise at retail or for the rendering of personal services (but specifically exclusive of coal, wood and lumber yards), such as the following: drugstores, newsstand, food store, candy shop, milk dispensary, dry goods and notions stores, antique store and gift shop, hardware store, household appliance store, furniture store, florist, optician, music and radio store, tailor shop, barbershop and beauty shop.

Sawmill. A sawmill located on a private property for the processing of timber.

Setback. The minimum distance by which any building or structure, or fence in excess of four (4) feet must be separated from the front lot line.

Sign. Any display of any letters, words, numerals, figures, devices, emblems, pictures or any parts or combinations thereof by any means whereby the same are made visible for the purpose of making anything known, whether such display be made on, attached to or as a part of a structure, surface or any other natural object, which display is visible beyond the boundaries of the parcel of land on which the same is made. A display of less than one (1) square foot in area is excluded from this definition:

(1)

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

(2)

Home occupation. A sign not exceeding four (4) square feet in area directing attention to a product, commodity or service available on the premises, but which product, commodity or service is clearly a secondary use of the dwelling.

(3)

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

(4)

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

(5)

Directional. A directional sign is one (1), one (1) end of which may be pointed or on which an arrow may be painted, indicating the direction to which attention is called, four (4) square feet or less in area, giving the name only of the firm or business responsible for the erection of the same.

Sign structure. Includes the supports, uprights, bracing and framework of any structure, be it single-faced, double-faced, v-type or otherwise, exhibiting a sign.

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

Special exception. A special use that is a use not permitted in a particular district except by a special use permit granted under the provisions of this chapter and any zoning ordinances adopted herewith.

Store. See "retail stores and shops."

Story. That portion of a building, other than the basement, included between the surface of any floor and the surface of the floor next above it. If there be no floor above it, the space between the floor and the ceiling next above it.

Story, half. A space under a sloping roof, which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level and in which space not more than two-thirds (⅔) of the floor area is finished off for use.

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

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

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

Tourist court, auto court, motel, autel, cabins, or motor lodge. One (1) or more buildings containing individual sleeping rooms, designed for or used temporarily by automobile tourists or transients, with garage or parking space conveniently located to each unit. Cooking facilities may be provided for each unit.

Tourist home. (See Bed and breakfast)

Travel trailer. A mobile unit less than fifty (50) feet in length, which is designed for human habitation.

Use, accessory. A subordinate use, customarily incidental to and located upon the same lot occupied by the main use.

Variance. A variance is a relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. As used in this chapter, a variance is authorized only for height, area and size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance; nor shall a variance be granted because of the presence of nonconformities in the zoning division or district or adjoining zoning divisions or districts.

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

Yard. An open space on a lot other than a court unoccupied and unobstructed from the ground upward, except as otherwise provided herein.

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

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

Yard, side. An open, unoccupied space on the same lot as a building between the side line of the building (excluding steps) and the side line of the lot and extending from the front yard line to the rear yard line.

( Ord. of 3-23-67 ; Ord. of 10-10-17(1) ; Ord. of 1-14-2020 )

For the purpose of this chapter, the incorporated areas of the town are hereby divided into the following districts:

(1)

Agricultural, General A-1

(2)

Conservation, Special C-1

(3)

Residential, Limited R-1

(4)

Residential, General R-2

(5)

Residential, R-3

(6)

Residential, R-4

(7)

Business, Neighborhood B-1

(8)

Business, General B-2

(9)

Industrial, General M-1

(10)

Historic Districts (HD)

(11)

Planned Unit Development (PUD)

(12)

Commercial Area and Development Overlay Disctrict (CA/DO)

The location and boundaries of these districts are shown on the zoning map of the town.

( Ord. of 3-23-67 , Charter Code § 2-1; Ord. of 6-11-19 )

Unless district boundary lines are fixed by dimensions or otherwise clearly shown or described, and where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the zoning map, the following rules shall apply:

(1)

Where district boundaries are indicated as approximately following or being at right angles to the center lines of streets, highways, alleys or railroad main tracks, such center lines or lines at right angles to such center lines shall be construed to be such boundaries, as the case may be.

(2)

Where a district boundary is indicated to follow a river, creek, branch or other body of water, the boundary shall be construed to follow the center line at low water or at the limit of the jurisdiction; in the event of change in the shoreline, the boundary shall be construed as moving with the actual shoreline.

(3)

If no distance, angle, curvature description or other means is given to determine a boundary line accurately and the foregoing provisions do not apply, the same shall be determined by the use of the scale shown on the zoning map. In case of subsequent dispute, the matter shall be referred to the board of zoning appeals which shall determine the boundary.

( Ord. of 3-23-67 , Charter Code § 13-3)

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

( Ord. of 3-23-67 , Charter Code § 11-1)

This chapter shall be enforced by the administrator who shall be appointed by the town council. The administrator shall serve at the pleasure of the council. Compensation shall be fixed by resolution of the council.

( Ord. of 3-23-67 , Charter Code § 13-1)

The regulations, restrictions and boundaries established by this chapter may be amended or re-enacted as follows:

(1)

The governing body shall refer any such proposed amendment or re-enactment to the planning commission for its recommendation. Failure of the commission to report sixty (60) days after the first meeting of the commission after the proposed amendment or re-enactment has been referred to the commission shall be deemed approval by the commission. The commission shall hold at least one (1) public hearing on such proposed amendment or re-enactment as a result of such hearing.

(2)

Before approving and adopting any such amendment or re-enactment, the governing body shall hold at least one (1) public hearing thereon, pursuant to public notice as hereinafter set out, after which the governing body may make appropriate changes or corrections in the proposed amendment or re-enactment; provided, however, that no additional land may be zoned to a different classification than was contained in the public notice without an additional public hearing and additional public notice.

(3)

The public notice of the hearing before the planning commission and the governing body shall be published once a week for two (2) successive weeks in some newspaper published or having general circulation in the Town of Tazewell, Virginia; which notice shall specify the time and place of hearing at which persons affected may appear and present their views, not less than twelve (12) days nor more than twenty-eight (28) days after the second advertisement shall appear in such newspaper. The planning commission and the governing body may hold a joint public hearing after public notice as set forth hereinabove. If such joint hearing is held, then public notice as set forth above need be given only by the governing body.

When a proposed amendment of this chapter involves a change in the zoning classification of twenty-five (25) or less parcels of land, then, in addition to the advertising as above required, written notice shall be given by the local commission at least five (5) days before the hearing to the owner, or owners, their agent or occupant, of each parcel involved, and to the owners, their agent or occupant, of all abutting property and property immediately across the street or road from the property affected. Notice sent by registered or certified mail to the last known address of such owner as shown on the current real estate tax assessment books shall be deemed adequate compliance with this requirement. If the hearing is continued, notice shall be re-mailed. The cost of any notice required by this chapter shall be taxed to the applicant.

( Ord. of 3-23-67 )

Any person, whether as principal, agent, employee or otherwise, violating, causing or permitting the violation of any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, may be fined up to two hundred fifty dollars ($250.00). Such person shall be deemed to be guilty of a separate offense for each and every day during which any portion of any violation of this chapter is committed, continued or permitted by such person and shall be punishable as herein provided.

( Ord. of 3-23-67 , Charter Code § 11-2)