(A secondary classification overlapping primary use designations, such as residential, commercial, and industrial.)

If in any district established under this chapter a use is not specifically permitted and an application is made by a property owner to the administrator for such use, the administrator shall refer the application to the planning commission, which shall make its recommendations to the town council within thirty (30) days. If the recommendation of the planning commission is approved by the town council, this chapter shall be amended to list the use as a permitted use in that district, henceforth.

( Ord. of 3-23-67 , Charter Code § 9-4)

Whenever there shall be plans in existence, approved by either the state department of highways or by the town council for the widening of any street or highway, the commission may recommend additional front yard setbacks for any new construction or for any structures altered or remodeled adjacent to the future planned right-of-way in order to preserve and protect the right-of-way for such proposed street or highway widening.

( Ord. of 3-23-67 , Charter Code § 9-5)

There shall be provided at the time of erection of any main building or at the time any main building is enlarged, minimum off-street parking space with adequate provision for entrance and exit by standard sized automobiles as follows:

(1)

In all residential districts there shall be provided either in a private garage or on the lot, space for the parking of two (2) automobiles for each dwelling unit in a new building or each dwelling unit added in the case of the enlargement of an existing building.

(2)

Tourist homes and motels shall provide on the lot, parking space for one (1) automobile for each accommodation.

(3)

For church, high school, college and university auditoriums and for theaters, general auditoriums, stadiums and other similar places of assembly, at least one (1) parking space for every five (5) fixed seats provided in the building.

(4)

For hospitals, at least one (1) parking space for each two (2) beds' capacity, including infants' cribs and children's beds.

(5)

For medical and dental clinics, at least ten (10) parking spaces. Three (3) additional parking spaces shall be furnished for each doctor or dentist having offices in such clinic in excess of three (3) doctors or dentists.

(6)

For tourist courts, apartments and apartment motels, at least one (1) parking space for each individual sleeping or living unit. For hotels and apartment motels, at least one (1) parking space for each two (2) sleeping rooms, up to and including the first twenty (20) sleeping rooms and one (1) parking space for each three (3) sleeping rooms over twenty (20).

(7)

For mortuaries or funeral homes, at least thirty (30) parking spaces.

(8)

For retail stores selling direct to the public, one (1) parking space for each two hundred (200) square feet of retail floor space in the building.

(9)

Any other commercial building not listed above hereafter erected, converted or structurally altered shall provide one (1) parking space for each four hundred (400) square feet of floor space in the building with a minimum of three (3) spaces.

(10)

Parking space as required in this section shall be on the same lot with the main building; except, that in the case of buildings other than dwellings, spaces may be located as far away as six hundred (600) feet. Every parcel of land hereafter used as a public parking area shall be surfaced with gravel, stone, asphalt or concrete. It shall have appropriate guards where needed, as determined by the administrator. Any lights used to illuminate the parking areas shall be so arranged as to reflect the light away from adjoining premises in a residential district.

( Ord. of 3-23-67 , Charter Code § 9-6)

In Agricultural District A-1, structures to be erected or land to be used shall be for one (1) or more of the following uses:

(1)

Single-family dwellings.

(2)

Doublewides (Code of Virginia, § 15.2-2290).

(3)

Agriculture.

(4)

Dairying and forestry.

(5)

General farming.

(6)

Home occupations, as defined, conducted by the occupant.

(7)

Public utility generating, booster or relay stations; transformer substations; transmission lines and towers; pipes, meters and other facilities for the provision and maintenance of public utilities, including railroads and facilities; and water and sewer installations.

(8)

Off-street parking as required by this chapter.

(9)

Home occupation signs.

( Ord. of 3-23-67 , Charter Code § 3-1; Ord. of 2-3-70)

The minimum lot area for permitted use in Agricultural District A-1 shall be twenty thousand (20,000) square feet.

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

Structures in Agricultural District A-1 shall be thirty-five (35) feet or more from any street right-of-way which is fifty (50) feet or greater in width or sixty (60) feet or more from the center line of any street right-of-way less than fifty (50) feet in width; except, that signs advertising sale or rent of premises may be erected up to the property line. This shall be known as the setback line.

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

The minimum frontage for permitted uses in Agricultural District A-1 shall be one hundred (100) feet at the setback line.

( Ord. of 3-23-67 , Charter Code § 3-4)

(a)

Side. The minimum side yard for each main structure in Agricultural District A-1 shall be fifteen (15) feet and the total width of the two (2) required side yards shall be thirty (30) feet or more.

(b)

Rear. Each main structure shall have a rear yard of thirty (30) feet or more.

( Ord. of 3-23-67 , Charter Code § 3-5)

Buildings in Agricultural District A-1 may be erected up to thirty-five (35) feet in height, except that:

(1)

The height limit for dwellings may be increased up to forty-five (45) feet and up to three (3) stories provided there are two (2) side yards for each permitted use, each of which is fifteen (15) feet or more, plus one (1) foot or more of side yard for each additional foot of building height over thirty-five (35) feet.

(2)

A public or semi-public building such as a school, church, library or general hospital may be erected to a height of sixty (60) feet from grade; provided, that required front, side and rear yards shall be increased one (1) foot for each foot in height over thirty-five (35) feet.

(3)

Church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flag poles, television antennae and radio aerials are exempt. Parapet walls may be up to four (4) feet above the height of the building on which the walls rest.

(4)

No accessory building which is within twenty (20) feet of any party lot line shall be more than one (1) story high. All accessory buildings shall be less than the main building in height.

( Ord. of 3-23-67 , Charter Code § 3-6)

(a)

Of the two (2) sides of a corner lot in Agricultural District A-1, the front shall be deemed to be the same.

(b)

The minimum side yard on the side facing the side street shall be ten (10) feet for both main and accessory buildings.

(c)

For subdivisions platted after the enactment of this chapter, each corner lot shall have a minimum width at the setback line of one hundred twenty-five (125) feet.

( Ord. of 3-23-67 , Charter Code § 3-7)

This district is intended to protect environmentally sensitive areas, flood plains, and special and unique land forms resembling geographic mounds that exist in the Tazewell area. Grading is prohibited in the latter case.

( Ord. of 3-23-67 )

In Residential District R-1, structures to be erected or land to be used shall be for one (1) or more of the following uses:

(1)

Single-family dwellings.

(2)

Schools.

(3)

Churches.

(4)

Parks and playgrounds.

(5)

Off-street parking as required by this chapter.

(6)

Accessory buildings as defined; provided that garages or other accessory buildings (e.g., carports, porches, and stoops) attached to the main building shall be considered part of the main building. No accessory building shall be closer than one (1) foot to any property line.

(7)

Public utilities such as poles, lines, distribution transformers, pipes, meters, and/or other facilities necessary for the provision and maintenance, including water and sewerage facilities.

(8)

Business signs only to advertise the sale or rent of the premises upon which erected.

(9)

Church bulletin boards and identification signs.

(10)

Directional signs.

(11)

Bed and breakfast business (with special use permit).

(12)

Home occupations, as defined, conducted by the occupant.

( Ord. of 3-23-67 , Charter Code § 4-1; Ord. of 10-10-17(2) ; Ord. of 1-14-20 )

(a)

For lots in Residential District R-1 containing or intended to contain a single permitted use served by public water and sewage disposal, the minimum lot area shall be seven thousand five hundred (7,500) square feet.

(b)

For lots containing or intended to contain a single permitted uses served by public water systems, but having individual sewage disposal, the minimum lot area shall be fifteen thousand (15,000) square feet.

(c)

For lots containing or intended to contain a single permitted use served by individual water and sewage disposal systems, the minimum lot area shall be twenty thousand (20,000) square feet.

( Ord. of 3-23-67 )

Structures in Residential District R-1 shall be located thirty-five (35) feet or more from any street right-of-way which is fifty (50) feet or greater in width or sixty (60) feet or more from the center line of any street right-of-way less than fifty (50) feet in width; except that signs advertising sale or rent of property may be erected up to the property line. This shall be known as the setback line.

( Ord. of 3-23-67 , Charter Code § 4-3)

The minimum lot width at the setback line in Residential District R-1 shall be seventy-five (75) feet.

( Ord. of 3-23-67 , Charter Code § 4-4)

(a)

Side. The minimum side yard for each main structure in Residential District R-1 shall be fifteen (15) feet and the total width of the two (2) required side yards shall be thirty (30) feet or more.

(b)

Rear. Each main structure shall have a rear yard of thirty (30) feet or more.

( Ord. of 3-23-67 , Charter Code § 4-5)

Buildings in Residential District R-1 may be erected up to thirty-five (35) feet in height; except that:

(1)

The height limit for dwellings may be increased up to forty-five (45) feet and up to three (3) stories; provided that there are two (2) side yards for each permitted use, each of which is fifteen (15) feet or more, plus one (1) foot or more of the side yard for each additional foot of building height over thirty-five (35) feet.

(2)

A public or semi-public building such as a school, church, library or general hospital may be erected to a height of sixty (60) feet from grade; provided that required front, side and rear yards shall be increased one (1) foot for each foot in height over thirty-five (35) feet.

(3)

Church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flag poles, television antennae and radio aerials are exempt. Parapet walls may be up to four (4) feet above the height of the building on which the walls rest.

(4)

No accessory structure which is within twenty (20) feet of any party lot line shall be higher than four (4) feet.

( Ord. of 3-23-67 )

(a)

Of the two (2) sides of a corner lot in Residential District R-1, the front shall be deemed to be the shortest of the two (2) sides fronting on streets.

(b)

The side yard on the side facing the side street shall be thirty-five (35) feet or more for both main and accessory building.

(c)

For subdivisions platted after the enactment of this chapter each corner lot shall have a minimum width at the setback line of one hundred twenty-five (125) feet.

( Ord. of 3-23-67 , Charter Code § 4-7)

In Residential District R-2, structures to be erected or land to be used shall include all uses permitted in R-1 Districts and the following:

(1)

Two-family dwellings.

(2)

Multiple family dwellings.

(3)

Rest homes.

(4)

General hospitals with a special use permit.

(5)

Home occupations, as defined, conducted by the occupant.

(6)

Off-street parking as required by this chapter.

(7)

Accessory buildings permitted as defined; provided that garages or other accessory structures (e.g., carports, porches and stoops) attached to the main building shall be considered part of the main building. No accessory building shall be closer than one (1) foot to any property line.

(8)

Public utilities such as poles, lines, distribution transformers, pipes, meters and other facilities necessary for the provision and/or maintenance, including water and sewerage facilities.

(9)

Directional signs.

( Ord. of 3-23-67 ; Ord. of 1-14-20 )

Structures in Residential District R-2 shall be located twenty-five (25) feet or more from any street right-of-way (edge of street) which is fifty (50) feet or greater in width or sixty (60) feet or more from the center line of any street right-of-way less than fifty (50) feet in width; except that signs advertising sale or rent of property may be erected up to the property line. This shall be known as the setback line.

( Ord. of 3-23-67 , Charter Code § 5-3)

(a)

Side. The minimum side yard for each main structure in Residential District R-2 shall be ten (10) feet and the total width of the two (2) required side yards shall be twenty (20) feet or more.

(b)

Rear. Each main structure shall have a rear yard of ten (10) feet or more.

( Ord. of 3-23-67 )

Buildings in Residential District R-2 may be erected up to thirty-five (35) feet in height from grade; except that:

(1)

The height limit for dwellings may be increased up to ten (10) feet and up to three (3) stories; provided there are two (2) side yards for each permitted use, each of which is ten (10) feet or more, plus one (1) foot or more of side yard for each additional foot of building height over thirty-five (35) feet.

(2)

A public or semi-public building such as a school, church, library or hospital may be erected to a height of sixty (60) feet from grade; provided that required front, side and rear yards shall be increased one (1) foot for each foot in height over thirty-five (35) feet.

(3)

Church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flag poles, television antennae and radio aerials are exempt. Parapet walls may be up to four (4) feet above the height of the building on which the walls rest.

(4)

No accessory building which is within ten (10) feet of any party lot line shall be more than one (1) story high. All accessory buildings shall be less than the main building in height.

( Ord. of 3-23-67 , Charter Code § 5-6)

(a)

The side yard on the side facing the side street shall be ten (10) feet or more for both main and accessory buildings.

(b)

For subdivisions platted after the enactment of this chapter, each corner lot shall have a minimum width at the setback line of one hundred (100) feet or more.

( Ord. of 3-23-67 , Charter Code § 5-7)

In Residential District R-3, structures to be erected or land to be used shall include all uses permitted in R-1 and R-2, and the following:

(1)

Townhouse dwellings.

(2)

Garden apartments.

(3)

Mobile homes in parks with special use permit.

(4)

Day care centers.

( Ord. of 3-23-67 )

The minimum area shall be one (1) acre.

( Ord. of 3-23-67 )

Front yards shall have a minimum depth of fifteen (15) feet.

( Ord. of 3-23-67 )

The minimum side yard shall be ten (10) feet.

( Ord. of 3-23-67 )

No portion of any building or other structure located within a R-3 District shall exceed forty (40) feet in height.

( Ord. of 3-23-67 )

Site plan approval with a special use permit are required.

( Ord. of 3-23-67 )

In Residential District R-4, structures to be erected on land to be used shall include all uses permitted in R-1, R-2 and R-3 Districts.

( Ord. of 3-23-67 )

The minimum area shall be one (1) acre.

( Ord. of 3-23-67 )

Front yards shall have a minimum depth of fifteen (15) feet.

( Ord. of 3-23-67 )

The minimum side yard shall be ten (10) feet.

( Ord. of 3-23-67 )

No portion of any building or other structure located within a R-4 District shall exceed forty (40) feet in height.

( Ord. of 3-23-67 )

Site plan approval is required.

( Ord. of 3-23-67 )

In Business District B-1, structures to be erected on land to be used shall include all uses permitted in R-1, R-2, and R-3 Districts and the following uses, subject to the application of section 23-76.1 et seq., of article II, division 13 of this chapter:

Antique shops

Auto, sales and service

Bakery goods store

Bank

Barber shop

Beauty shop

Book or stationery store

Drug store

Dry goods store (clothing, etc.)

Dairy products

Delicatessen

Florist shop

Funeral homes

Gasoline service station (with special use permit)

Gift shop

Grocery store

HVAC, plumbing sales and service

Meat market

Medical facility (special use permit)

Office buildings

Restaurant

Signs

( Ord. of 3-23-67 ; Ord. of 9-14-21 )

The minimum area shall be one-half (½) acre.

( Ord. of 3-23-67 )

All buildings shall be set back from street right-of-way lines, not less than twenty-five (25) feet.

( Ord. of 3-23-67 )

It is intended that the grouping of buildings and parking areas be designed to protect, insofar as possible, residential areas, and that ornamental screening from noise and light be provided where necessary; provided, however, that in no case shall the design of the shopping center provide less than the following standards:

(1)

All buildings shall be located on lots with a minimum width of one hundred (100) feet.

(2)

B-1 District abuts a residential district, no building shall be constructed less than twenty-five (25) feet from such district line.

(3)

There shall be a rear yard, alley, service court or combination thereof, of not less than thirty (30) feet in depth; and all of the service areas of all buildings shall be completely screened from public view with permanent ornamental screening materials.

( Ord. of 3-23-67 )

No building shall exceed forty (40) feet in height.

( Ord. of 3-23-67 )

In Business District B-2, structures to be erected on land to be used shall include all uses permitted in R-1, R-2, R-3, and B-1 Districts and the following uses, subject to the application of section 23-76.1 et seq., of article II, division 13 of this chapter:

(1)

Retail stores.

(2)

Bakeries.

(3)

Dry cleaners.

(4)

Clothing apparel stores.

(5)

Auto and home appliance services.

(6)

Theaters, assembly halls.

(7)

Hotels, motels (with special use permit).

(8)

Churches and libraries.

(9)

Hospitals, general.

(10)

Service stations, auto and truck repair (with major repair under cover).

(11)

Clubs and lodges.

(12)

Auto sales and service.

(13)

Lumber and building supply (with storage under cover).

(14)

Plumbing and electrical supply (with storage under cover).

(15)

Wholesale and processing not objectionable because of dust, noise, or odors (with special use permit).

(16)

Public utilities.

(17)

Off-street parking as required by this chapter.

(18)

Public billiard parlors and pool rooms, bowling alleys, dance halls and similar forms of public amusement only after a public hearing shall have been held by the town council on an application submitted to the council for such use. The council may request that the commission submit a recommendation, the council may establish special requirements and regulations for the protection of adjacent property, set the hours of operation and make requirements as they may deem necessary in the public interest.

(19)

Equipment storage buildings if no more than three hundred (300) square feet.

( Ord. of 3-23-67 ; motion of planning commission/council, 6-14-94; Ord. of 1-14-20 ; Ord. of 9-14-21 )

There are no area requirements in Business District B-2.

( Ord. of 3-23-67 )

Buildings in Business District B-2 shall be located ten (10) feet or more from any street right-of-way which is fifty (50) feet or greater in width or thirty-five (35) feet or more from the center line of any street right-of-way less than fifty (50) feet in width; except that signs advertising sale or rent of premises may be erected up to the property line. This shall be known as the setback line.

( Ord. of 3-23-67 , Charter Code § 6-3)

For permitted uses in Business District B-2, the minimum side yard adjoining or adjacent to a residential or agricultural district shall be twenty-five (25) feet and off-street parking shall be in accordance with the provisions contained herein.

( Ord. of 3-23-67 , Charter Code § 6-4)

Buildings in the Business District B-2 may be erected up to forty (40) feet in height from grade; except that:

(1)

A public or semi-public building such as a school, church, library or general hospital may be erected to a height of sixty (60) feet from grade; provided that required front, side and rear yards shall be increased one (1) foot for each foot in height over thirty-five (35) feet.

(2)

Church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flag poles, television antennae and radio aerials are exempt. Parapet walls may be up to four (4) feet above the height of the building on which the walls rest.

(3)

No necessary structure which is within ten (10) feet of any party lot line shall be more than one (1) story high. All accessory structures shall be less than the main structure in height.

( Ord. of 3-23-67 ; Ord. of 6-23-67, Charter Code § 6-5)

In Industrial District M-1 any structures to be erected or land to be used shall include all additional uses in B-1 and B-2 Districts, (excluding R1, R2, R3 and R4 uses), and the following:

(1)

Assembly of electrical appliances, electronic instruments and devices, radios and phonographs. Also the manufacture of small parts, such as coils, condensers, transformers and crystal holders.

(2)

Automobile assembling, painting, upholstering, repairing, rebuilding, reconditioning, body and fender work, truck repairing or overhauling, tire retreading or recapping or battery manufacture.

(3)

Blacksmith shop, welding or machine shop, excluding punch presses exceeding forty-ton rated capacity and drop hammers.

(4)

Laboratories - pharmaceutical and/or medical.

(5)

Manufacture, compounding, processing, packaging, or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries and food products.

(6)

Manufacture, compounding, assembling or treatment of articles of merchandise from the following previously prepared materials: Bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastic, precious or semi-precious metals or stones, shell, straw, textiles, tobacco, wood, yarn and paint.

(7)

Manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay and kilns fired only by electricity or gas.

(8)

Manufacture of musical instruments, toys, novelties, and rubber and metal stamps.

(9)

Monumental stone works.

(10)

Veterinary or dog or cat hospital, kennels.

(11)

Wholesale businesses; storage warehouses and yards for building materials, lumber, coal and wood and plumbing supplies; sawmills and planing mills.

(12)

Contractors' equipment storage yard or plants or rental of equipment commonly used by contractors.

(13)

Feed and seed stores.

(14)

Cabinet, furniture and upholstery shops.

(15)

Wood preserving operations.

(16)

Truck terminals.

(17)

Abattoirs and processing plants for meat, poultry and fish.

(18)

Sand, gravel and crushed stone operations (with special use permit).

(19)

Acid and fertilizer manufacture.

(20)

Cement, lime, gypsum and brick manufacture.

(21)

Asphalt mixing plant.

(22)

Petroleum storage.

(23)

Boiler shops.

(24)

Junk storage (screened).

(25)

Public utilities.

(26)

Conservation areas and game preserves.

(27)

Accessory uses, as defined.

(28)

Off-street parking as required by this chapter.

(29)

Business, location and general advertising signs.

(30)

Machinery sales and service.

( Ord. of 3-23-67 ; Ord. of 6-23-67, Charter Code § 7-1; Ord. of 1-14-20 )

(a)

Before a building permit in Industrial District M-1 shall be issued or construction commenced on any permitted uses in this district, or a permit issued for a new use, the plans, in sufficient detail to show the operations and processes, shall be submitted to the zoning administrator for study. The administrator may refer these plans to the planning commission for their recommendation. Modifications of the plans may be required.

(b)

Permitted uses shall be conducted wholly within a completely closed building or within an area enclosed on all sides by a solid masonry wall, a painted solid fence or an evergreen hedge six (6) feet in height. Public utilities and signs requiring natural air circulation, unobstructed view or other technical consideration necessary for proper operation may be exempt from this provision. This exception does not include storing of any materials.

(c)

Landscaping may be required within any established or required front setback area. The plans and execution must take into consideration traffic hazards. Landscaping may be permitted up to a height of three (3) feet and to within fifty (50) feet from the corner of any intersecting streets.

(d)

Sufficient area shall be provided (1) to adequately screen permitted uses from adjacent business and residential districts and (2) for off-street parking of vehicles incidental to the industry, its employees and clients.

(e)

Automobile graveyards and junk yards in existence at the time of the adoption of this chapter are to be considered as nonconforming uses. They shall be allowed up to three (3) years after adoption of this chapter in which to completely screen, on any side open to view from a public road, the operation or use by a masonry wall, a painted solid fence or an evergreen hedge six (6) feet in height.

(f)

The administrator shall act on any application received within thirty (30) days after receiving the application. If formal notice in writing is given to the applicant, the time for action may be extended for a ten (10) day period. Failure on the part of the administrator to act on the application within the established time limit shall be deemed to constitute approval of the application.

( Ord. of 3-23-67 ; Ord. of 6-23-67, Charter Code § 7-2)

Buildings in Industrial District M-1 shall be located ten (10) feet or more from any street right-of-way which is fifty (50) feet or greater in width or thirty-five (35) feet or more from the center line of any street right-of-way less than fifty (50) feet in width; except that signs advertising sale or rent of premises may be erected up to the property line. This shall be known as the setback line.

( Ord. of 3-23-67 , Charter Code § 7-4)

For permitted uses in Industrial District M-1, the minimum side yard adjoining or adjacent to a residential or agricultural district shall be ten (10) feet. The side yard of corner lots shall be twenty (20) feet or more. Off-street parking shall be in accordance with the provisions contained herein.

( Ord. of 3-23-67 ; Ord. of 6-23-67, Charter Code § 7-5)

Buildings in Industrial District M-1 may be erected up to a height of thirty-five (35) feet. For buildings over thirty-five (35) feet in height, approval shall be obtained from the administrator. Chimneys, flues, cooling towers, flag poles, radio or communication towers or their accessory facilities not normally occupied by workmen are excluded from this limitation. Parapet walls are permitted up to four (4) feet above the limited height of the building on which the walls rest.

(Ord. of 6-23-67, Charter Code § 7-6)

Buildings or groups of buildings in Industrial District M-1 with their accessory buildings may cover up to eighty (80) percent of the area of the lot.

(Ord. of 6-23-67, Charter Code § 7-7)

The purpose of these districts are to promote the public welfare through protection and preservation of historic buildings, structures, places and areas of historic interest (as a class of structural and environmental types) within the Town of Tazewell and to promote the development and maintenance of appropriate settings and environment for such buildings, structures, places and areas as provided by Code of Virginia, § 15.2-2306, as amended.

Additional purposes of these districts are to stabilize property values in the historic district and encourage new buildings and developments that will be architecturally compatible with existing historic landmarks, buildings and structures.

The preservation of historical places is intended to provide an educational experience so that succeeding generations might enjoy the history of our culture.

The requirements of this district classification overlap the designated primary use district.

( Ord. of 3-23-67 )

There is hereby created and established a historic review board, which shall consist of five (5) members.

(1)

Composition. The members shall be appointed by the town council and shall be residents of the Town of Tazewell.

(2)

Terms of office. The members shall serve overlapping terms of three (3) years or until they are reappointed of their successors are appointed. Initially, two (2) members shall be appointed for a term of one (1) year, two (2) members for a term of two (2) years, and one (1) member for a term of three (3) years. After the initial appointments, all appointments shall be made for a term of three (3) years. Vacancies shall be filled by the town council for the unexpired term within sixty (60) days of a board vacancy. Appointed members should have a demonstrated interest and knowledge of history, architecture, or historic preservation.

(3)

Organization: Officers; rules; meetings.

a.

The board shall elect a chairperson, a vice-chairperson and secretary.

b.

The board shall meet within thirty (30) days after notification by the county building inspector of an application for a permit to erect, reconstruct, substantially alter, or restore, raze or demolish a building, landmark or structure noted on the historic buildings map or lying within the confines of a historic district.

c.

A permanent record shall be kept of the resolutions, transactions and determinations of the board. The board shall meet at least once a month.

d.

A quorum shall be at least three (3) members.

e.

Any member of the board shall be disqualified to act upon a matter fevore the board with respect to the property in which the member has an interest.

f.

Excessive absences of at least three (3) board meetings within a calendar year may result in removal of a board member by town council.

(4)

Compensation.

a.

Salary. The board shall receive no salary but may be compensated such amount per regular meeting as may be aproved by the town council, with such amount not to exceed fifty dollars ($50.00) per meeting.

b.

Expenses. A board member may be reimbursed for necessary traveling and other necessary expenses incurred in the performance of his/her duties upon pre-authorization, and proper documentation and subsequent approval by the town manager.

( Ord. of 3-23-67 ; Ord. of 8-11-2020(1) )

Within one (1) year after the first organized meeting of the board, there shall be prepared and published for public distribution by the board an inventory of all landmarks, buildings and structures which lie within the town limits and which are presently known and considered to be architecturally, archeologically, culturally, or historically noteworthy.

(1)

Such inventory shall give a brief description of each landmark, building, or structure, the date of its construction as nearly as can be ascertained, the reason for including it in the inventory, the name and address of the present owner as shown in the current land books of the town, and a photograph or similar reproduction showing front, side and rear exteriors of the structure(s).

(2)

Classification of landmarks, buildings and structures established as per the criteria implicit in "reasons" from [subsection] (1) above, will consist of the following designations:

a.

Exceptional. Those of major historic, cultural, or architectural significance which should be preserved.

b.

Notable. Those that embody the characteristics of an architectural, cultural or historical type specimen, relevant to a study of a period-style or method of construction, or which form part of a characteristic section of a given community.

( Ord. of 3-23-67 ; Ord. of 8-11-2020(1) )

(a)

The board shall select from the inventory and establish and maintain a map to be hereinafter called the "Historic Buildings Map of Tazewell" which shall contain the locations and classifications of all historic landmarks, buildings and structures so selected.

(b)

Prior to the establishment of the Historic Buildings Map of Tazewell, the board shall develop and recommend to the town council a set of criteria to be used in the determination of landmarks, buildings, or structures as being significant for their resultant inclusion on the map.

(c)

After public hearings by the board and the town council the criteria shall become a part of the article.

(d)

Historic designation for landmarks, buildings or structures shall not be granted until such time as the criteria have been included as part of this article. Designation may, however, precede publication of the map.

(e)

No building, landmark, or structure shall be placed on the map until after the board has held a public hearing and its recommendation transmitted to the town council for final approval after the required public hearing.

(f)

A notice that a building may be included on said Inventory and Historic Buildings Map of the Town of Tazewell shall be sent by registered or certified mail to the present owners as disclosed by the land books of the county, which notice shall contain the following information: the location and street address; the reason why the building is deemed to be of historic or architectural interest and classification of the building; a copy of the pertinent portions of this chapter restricting the altering or razing of said building; the place, time and date of the public hearing of the board.

(g)

The owner of any landmark, building or structure in the Town of Tazewell, including those listed on the Virginia Landmark Register or the National Register of Historic Places, may make a written request of the board for the addition of such landmarks, buildings, and structures to the inventory. The board shall recommend the requested addition if, after a public hearing, it considers the said building to be of historic or architectural merit.

( Ord. of 3-23-67 )

The board shall design an appropriate marker bearing the seal of the Town of Tazewell and the words "historic structure" and may require each owner of a historic landmark, building or structure to display the marker thereon. In addition, the board may design and display, at its discretion, similar markers denoting "historic districts."

(1)

The markers may be inscribed with such additional information as the board deems appropriate.

(2)

The cost of making, inscribing, installing, and maintaining such markers shall be paid for by the Town of Tazewell.

( Ord. of 3-23-67 ; Ord. of 8-11-2020(1) )

(a)

In order to execute the purposes and objectives declared in section 23-69, there is hereby created in the town a district to be known as a "historic district". The boundaries of such districts shall be shown on the map entitled "Historic Buildings Map of the Town of Tazewell" which shall be filed and maintained in the same manner stipulated by section 23-6 of this chapter for other zoning maps.

(b)

The board, on its own motion or at the request of any interested party, shall after a hearing with notice as required of this chapter, recommend to the town council the establishment of historic districts. No such historic district shall extend further than one-quarter-mile from the property line of the land pertaining to any such historic landmark, building or structure.

(c)

Such districts shall be established by ordinance by town council after a hearing with notice as required.

(d)

To maintain consistent preservation standards within historic districts, all contributing properties shall be included in the historic district.

( Ord. of 3-23-67 ; Ord. of 1-11-22 )

No building permit or zoning permit to authorize any erection, reconstruction, alteration or demolition that effects the external appearance of any landmark, building or structure, or part thereof described on the Inventory of Historic Buildings, on the Historic Buildings Map of the Town of Tazewell, or in a designated historic district, shall be issued until a certificate of appropriateness is issued by the board, or by the town council on appeal, showing that such action is architecturally compatible with the historic landmark, building or structure located in such district.

When the applicant presents an approved certificate of appropriateness to the town manager or his assistant, the town manager shall notify such applicant that interested parties may, within ten (10) days, appeal the decision of the board and that such applicant may, therefore, commences work at his/her own risk during the ten-day appeal period.

(1)

Notice to affected property owners when certificate of appropriateness to be issued; hearing to be afforded property owners.

Whenever the board finds that the issuance of a certificate of appropriateness, and the exercise of the rights and privileges granted thereby, will or is likely to materially and adversely affect the property or the value thereof of another; the board shall, before the issuance of the certificate, give due notice of its intention to do so to the owner of such affected property and afford such owner an opportunity to be heard with respect thereto, and the certificate shall not be issued until such notice is given and opportunity afforded.

In cases where the board deems it necessary, it may hold a public hearing concerning the application, after a notice has been given.

The time within which such certificate may be issued shall, if necessary, be extended for such additional time as is required to give such notice and allow such hearing.

(2)

Procedure for review of application. Applicants for review involving alterations and/or additions to existing historic structures or the erection of any new structure within a historic district shall submit preliminary drawings and outline specifications, including color samples, for outside work to the board.

a.

As used herein, drawings shall mean plans and exterior elevations drawn with sufficient detail to show, as far as they relate to exterior appearances, the architectural design, including proposed materials, textures and colors, and including samples of materials and color samples and a plot plan of all improvements affecting appearances of walls, walks, terraces, plantings, accessory buildings, lights, and other elements. Such documents shall be submitted to the board in triplicate and signed by the architect and/or owner.

b.

In the case of minor projects involving repair or alterations to the exterior facade of existing buildings, the board, if the preliminary drawings and other data are sufficiently clear and explicit, may grant final approval at the review session.

c.

Legible photographs of all sides of a structure to be reviewed for repair, alteration, or additions will be submitted to the board. In the event of new construction, legible photographs of the adjoining and opposite properties shall be furnished.

d.

Applications for maintenance involving only a color change will include samples of the proposed colors to the board for review for issuance of a certificate of appropriateness.

(3)

Standards. The board, or the town council on appeal, shall consider the following in making recommendations as to the appropriateness of architectural features:

a.

Exterior architectural features, including all signs which are subject to public view from a street or place.

b.

General design and arrangement.

c.

Uses of, and activities to be conducted within, the structure and the immediate area.

d.

If the board disapproves such plans, it shall state its reasons for so doing and shall transmit a record of the reasons therefor in writing to the town manager or his assistant and to the applicant. No further action shall be taken by the town manager or his assistant to issue a construction permit. The applicant may modify his application in regard to the board's recommendations and shall have the right to resubmit his application to the board for its recommendation.

e.

The board should refer to the Secretary of Interior's Standards for the Treatment of Historic Properties when considering the appropriatemess, as provided for by the National Historic Preservation Act of 1966 (16USC470), and may develop new guidelines, as needed, to reflect the needs of the lcality and each historic district.

( Ord. of 3-23-67 ; Ord. of 8-11-2020(1) )

No structure or any appurtences thereto, that is in a designated historic district on the Historic Buildings Map of the Town of Tazewell shall be demolished except as follows:

(1)

Upon application to the board, the council shall appoint an appraisal committee, which committee shall be composed of two (2) local licensed real estate brokers and a local banker.

(2)

If a showing is made by a property owner that a building in the historic district is incapable of earning an economical return upon its value, as appraised by two (2) or three (3) members of the appraisal committee, the board shall be given a specified length of time not to exceed six (6) months within which to devise a course of action satisfactory to the owner. Failure to arrive at a satisfactory course of action within the time specified shall release the owner and/or the building inspector from further restraints.

(3)

The moving of a building classified as in the historic district and its appurtenances to a satisfactory site within a historic district or historic place may be recommended by the board, but only if no solution for its preservation on its present site can be found.

( Ord. of 3-23-67 ; Ord. of 1-11-22 )

Whenever the board of historic review shall disapprove an application for certificate of appropriateness to construct, alter, renovate or demolish any landmark building or structure, or part thereof as described in sec. 23-65 hereinabove, the applicant for such permit shall have the right to appeal the board's decision and be heard before the town council upon the filing of a written notice of appeal with the clerk of the town council within ten (10) days after the decision of the board is issued. Upon receipt of such notice, the clerk of the town council shall promptly schedule the appeal as a public hearing before the town council. Notice of the hearing shall be given as required by this chapter. Costs of appeal hearings will be paid by the applicant prior to the scheduling of said hearing.

Opponents to the granting of certificates of appropriateness by the board shall have the right to appeal and be heard before the town council, provided that a written notice of appeal signed by the opponent is filed with the clerk of the town council within ten (10) days after the issuance of decision of the board. The provisions that apply to an applicant's appeal regarding a hearing date and advertisement thereof shall likewise apply to the setting of an opponent's appeal. Costs of opponent appeal hearings shall be paid by the opponent prior to the scheduling of said hearing.

On any such appeal, the final decision of the board appeals from shall be stayed pending the outcome of the appeal before the town council. The town council shall conduct a full and impartial public hearing on the matter before rendering any decision. The same standards and considerations aforesaid in sections 23-65 and 23-66 of this chapter shall be applied by the town council as are established for the board. The town council may affirm, reverse or modify the decision of the board, in whole or part. The decision of the town council, subject to the provisions of sections 23-65 and 23-66 shall be final. If approved, a certificate of appropriateness shall be signed by the town manager and shall be made available to the applicant.

Appeal to circuit court. Within thirty (30) days after any final decision is rendered by the town council pursuant to this article an aggrieved party may appeal as a matter of right to the circuit court for the county filing a petition at law setting forth the alleged illegality of the action of the town council.

The filing of the said petition shall stay the decision of the town council pending the outcome of the appeal to the circuit court for the county filing a petition at law setting forth the alleged illegality of the action of the town council.

( Ord. of 3-23-67 ; Ord. of 8-11-2020(1) )

Whenever the regulations of this section require more restrictive standards than are required in or under any other statue, the requirements of this section shall govern. Whenever the provisions of any other statute require more restrictive standards than are required by this section the provisions of such statute shall govern.

( Ord. of 3-23-67 )

Upon request of the board and with the approval of the town manager, the departments, bureaus, divisions, boards, commissions, agencies, and other offices of the town government shall furnish to the board such available information and render it such service as may be required for the exercise of the powers and performance of the duties and functions of the board. All town departments and agencies shall submit an application to demolish, move or alter historic public buildings, monuments, districts and places to the board for review and recommendation.

( Ord. of 3-23-67 )

The town may acquire in any legal manner any historic area, landmark, building or structure, land pertaining thereto, to any estate or interest therein which, in the opinion of the town council, should be acquired, preserved, and maintained for the use, observation, education, pleasure and welfare of the people.

( Ord. of 3-23-67 )

Wherever any person has engaged in or is about to engage in any act or practice which constitutes or will constitute a violation of sections 23-65 and 23-66, the board may make application to the circuit court for an order enjoining such act of practice, or requiring such person to refrain from such prospective violation, or to remedy such violation by restoring the affected property to its previous condition. Upon proof by the board that such person has engaged in or is about to engage in any such act or practice, a temporary or permanent injunction restraining order or other appropriate order shall be granted.

( Ord. of 3-23-67 )

The purpose of the planned unit development (referred to hereafter as PUD) is to provide the opportunities to create more desirable environments through the application of flexible and diversified land development standards under a comprehensive plan and program professionally prepared. The PUD is intended to be used to encourage the application of new techniques and technology to community development which will result in superior living or development arrangements with lasting values. It is further intended to achieve economics in land development, maintenance, street systems, and utility networks while providing building groupings for privacy, usable and attractive open spaces and the general well-being of the inhabitants.

All buildings and uses, unless otherwise specified in this Code shall comply with the following:

(1)

Minimum lot size. There shall be a minimum lot size of seven thousand (7,000) square feet for a single-family detached structure.

(2)

Density requirements.

a.

RP-2 District. Allowable dwelling unit density shall be four (4) dwelling units per net acre.

b.

RP-3 District. Allowable population density shall be twelve (12) dwelling units per net acre.

(3)

Education uses. Elementary, junior high, and high schools and educational uses of a similar nature as determined by the planning commission.

(4)

Community facilities. Community facilities such as libraries, museums, churches and other religious institutions.

( Ord. of 3-23-67 )

As regulated under section 23-10.

( Ord. of 3-23-67 )

(a)

Any application shall be accompanied by:

(1)

A general site plan showing tentative street plans, public facilities and building arrangements.

(2)

Preliminary sketches and specifications showing the proposed architectural design and the type of construction.

(b)

Within one (1) year after areas have been zoned within the planned unit development, there shall have been filed with the planning commission a written application for review and approval. Said application shall be accompanied by the following information:

(1)

The application must be accompanied by an overall development plan showing the use or uses, dimensions and locations of proposed streets, parks, playgrounds, community facilities, and other spaces, with such other pertinent information as may be necessary to determine the contemplated arrangement or use which makes it desirable to apply regulations and requirements different from those ordinarily applicable under this Code.

(2)

When several buildings are to be constructed, architectural sketches and data should be provided to insure an aesthetically acceptable design for all buildings.

(3)

Application for an apartment development shall include a general architectural layout and design showing the number and size of apartments, the location and extent of public facilities and a description of the type of construction.

(4)

At least the following construction plans must be submitted for all development under this section; profiles of proposed sanitary sewers and storm water sewers with grades, sizes and elevations indicated, proposed water distribution system showing pipe sizes and location of valves and fire hydrants, and complete grading plans.

(5)

The proposed development plat shall be prepared by appropriate professionals.

(c)

The planning commission shall review the proposed development and forward its recommendations to the town council which shall review and may give final approval or reject the proposed development.

(1)

The planning commission shall review the conformity of proposed development recognizing principles of civic design, land use planning and landscaping architecture. The final design must conform with the original application to the satisfaction of the planning commission.

(2)

The planning commission and the town council may impose conditions regarding layout, circulation and performance of the proposed development and require that appropriate deed restrictions be filed.

(3)

No building permit shall be issued until a final plat of the proposed development is approved by the town council and recorded. No occupancy permit shall be issued until the building inspector has determined that the project as constructed meets all the requirements of the approved plan.

(4)

The proposed development must be designed to produce an environment of stable and desirable character not out of harmony with its surrounding environment and must provide standards of open space and areas of parking adequate for the occupancy proposed. It must include provisions for recreation areas and an agreement reached as to who will provide the maintenance upkeep.

(5)

A plat of development shall be recorded in the office of the Tazewell County Clerk of the Circuit Court and shall show building lines, common land, streets, easements and other applicable features required by the Tazewell Planning Commission's Subdivision Regulations for final subdivision.

( Ord. of 3-23-67 )

[Reserved for future use.]

( Ord. of 3-23-67 )

The primary intent of the commercial area/development overlay ("CA/DO") district is to establish commercial areas which would be attractive for establishment a wide range of wholesale and retail uses and business property development, designed and developed in such a manner as to accommodate a high volume of commercial traffic in a safe and conducive manner. Further, such district is established to promote and perpetuate the continued economic viability of older commercial neighborhoods which may be experiencing economic underdevelopment or decline. To achieve this purpose, development regulations specific to the district are provisioned to encourage the development of new businesses and or redevelopment, upkeep and upgrade of existing businesses or property, thereby providing an economic stimulus to the district.

( Ord. of 6-11-2019 )

A commercial area is defined as all or a part of an existing business (neighborhood or general) or industrial district within the town primarily composed of either unimproved or improved properties that are or have the potential to become income producing properties. These areas are comprised of locations or neighborhoods in which there is existing commercial activity, including the buying and selling of goods and/or provision of services, retail and/or wholesale buying and selling of products, financial establishments, and other uses broadly classified as business for which a license for operation would be required under chapter 15 of the town Code. Further, such property/properties are or can be developed to be extremely important to the town's economy, provide significant employment, facilitate the circulation of money and commerce, and potentially serve other roles important to the town such as sites for public gathering and cultural events. It is real estate primarily intended for use by for-profit businesses, or used to enhance the value and commercial traffic for other businesses in the vicinity, such as office complexes, shopping malls or centers, stand alone retail establishments or restaurants, or other similar type of merchandise or service related ventures which can particularly stimulate growth and rehabilitation of areas susceptible to underutilization, abandonment or blight.

( Ord. of 6-11-2019 )

(a)

A commercial area/development overlay (CA/DO) district is hereby created by the council for the Town of Tazewell. The boundaries shall be set using the zoning districts map in effect for the town. Such map shall display the properties contained in the district and its boundaries shall follow property lines.

(b)

Said district shall overlay the existing business or industrial zoning district, and the existing historic zoning district overlay where applicable. The regulations and requirements of the underlying zoning district, the historic district overlay and the CA/DO district shall each apply, provided however, that when the regulations applicable to the CA/DO district conflict with the regulations of the underlying primary use zoning district, or all parts of the nonconforming use provisions of article III of this chapter, the CA/DO district regulations shall apply. If a specific property is subject to the regulations applicable to the CA/DO district and the regulations of the historic district overlay, the overlay requirements of the historic district and CA/DO district shall overlap the designated primary use district.

(c)

Areas within the district which are not zoned B-l, B-2, and M-l are excluded from the district.

( Ord. of 6-11-2019 )

A building in the CA/DO district may be used only for the following purposes:

(1)

Stores and shops conducting retail business.

(2)

Personal, business and professional services.

(3)

Offices, hotels, motels and restaurants.

(4)

Amusements and recreation.

(5)

Itinerant sales or business, with approval of the town council on the recommendation of the planning commission.

(6)

Such other uses specifically approved by the town council on recommendation of the planning commission.

( Ord. of 6-11-2019 )

Minimum standards in the CA/DO district shall be as follows:

(1)

For multi-building or multi-tenant development, the aggregate of all buildings proposed should not exceed forty percent (40%) of the entire lot area of the project.

(2)

No building shall be set back from any public street less than the set back distance as required for buildings in the district in which the project area is located.

(3)

There should be one (1) parking space for each two hundred (200) square feet of total floor space.

(4)

Any part of the project not used for buildings or other structures, parking, loading and access ways should be landscaped with grass, trees, shrubs or pedestrian walkways.

(5)

The streets, parking areas and walks should be paved with hard surface materials, with paving and/or curb and guttering and walks meeting specifications approved by the planning commission.

( Ord. of 6-11-2019 )

(a)

Application. The owner or lessee of any tract of land zoned CA/DO shall, prior to any development, submit to the planning commission for study and recommendation a preliminary site plan for the use and development of any tract for the purposes set forth in this division.

(b)

Preliminary plan. The preliminary site plan submitted for a property in the CA/DO district shall show all roads and drainage, existing and proposed drives and parking areas, building lines enclosing the portion of the tract within which buildings are to be erected, boundaries of tracts, and proposed use of land and buildings. The surrounding street system and existing land usage shall be shown. Plans may also be submitted showing profiles of proposed sanitary sewers and storm water sewers, with grades, sizes and elevations indicated; proposed water distribution system, showing pipe size and location of valves and fire hydrants; and complete grading plans.

(c)

Limitations. Before recommending the approval of a plan within the CA/DO district, the planning commission may make reasonable additional requirements concerning, but not limited to, the limitation of uses, landscaping, lighting, signs and advertising devices, screening and planting, setback and height of buildings, paving access ways, and other matters taking into consideration the character of the surrounding area so as to protect adjoining property, and to provide for public safety and prevent traffic congestion.

(d)

Planning commission preliminary review. Within sixty (60) days after an application for preliminary plan review has been submitted, the planning commission shall make a written recommendation to the town council approving, conditionally approving, or disapproving the plan, and inform the applicant, in writing of their decision. If any such plan is disapproved, the applicant has the option of revising the plan and re-submitting a revised version for subsequent consideration by the planning commission, or requesting a review of the application by the town council whose decision to approve or disapprove the plan shall be final.

(e)

Town council review. The town council may review the preliminary site plan and may make reasonable additional requirements as listed in subsection (c) of this section.

( Ord. of 6-11-2019 )

(a)

Submittal of final plan. A final site plan embodying all additional requirements imposed by the planning commission and the town council, if any, shall be prepared and submitted by the applicant to the planning commission. This plan is to be known as the "site plan" and shall show, in addition to the requirements set lorth in section 23-76.6, the boundaries of the entire tract and a certification by a licensed land surveyor or professional engineer that the boundaries have been surveyed and are correct. Upon approval by the planning commission, the planning commission shall, within sixty (60) days, certify such approval by written recommendation to the town council.

(b)

Town council approval. After certification by the planning commission and approval by the town council, the plan shall be placed on record with the town zoning administrator.

(c)

Expiration. An approved site plan in the CA/DO district shall expire twelve (12) months after approval by the town council, unless an extension of time is specifically allowed by the town council.

( Ord. of 6-11-2019 )