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 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 centerlines of streets, highways, alleys or railroad main tracks, such centerline or lines at right angles to such centerlines shall be construed to be such boundaries, as the case may be.

(2)

Where a district boundary is indicated to follow a river, creek or branch or other body of water, the boundary shall be construed to follow the centerline, or at the limit of the jurisdiction of the county.

(3)

If no distance, angle, curvature description or other means is given to determine a boundary line accurately, the boundary shall be determined by the use of the scale shown on the zoning map; and in case of dispute in the use thereof, the determination of a certified land surveyor or engineer shall be final.

(Code 1997, § 66-221)

State Law reference— District boundaries, Code of Virginia, § 15.2-2284.

The following shall be the zoning districts for the county:

HR Highland Recreation District

SR Shoreland Recreation District

CR Conservation and Recreation District

A-1 Limited Agricultural District

A-2 General Agricultural District

Village District

Konnarock District

R-1 Limited Residential District

R-2 General Residential District

B-1 Limited Business District

B-2 General Business District

M-1 Limited Industrial District

M-2 General Industrial District

MHR Manufactured Home Residential District

Airport District

P-1 Limited Planned Unit Development District

(Code 1997, § 66-222; Ord. No. 97-2, § 1(14-7), 6-10-1997)

This article establishes zoning districts and is structured in such a manner that all uses authorized under this article in each respective zoning district are listed in the division pertaining to that zoning district; and each use is specified under the section identified as "permitted uses." Those uses which are not enumerated under a particular zoning district are prohibited in that district. Those uses which are not listed in any zoning district under this article are hereby specifically prohibited in the county.

(Code 1997, § 66-223)

Public utilities are exempt from the area and setback regulations in each of the zoning districts unless otherwise specified. The administrator may require a greater area than is requested by the public utility if it is considered necessary to protect the public health, safety and/or welfare.

(Code 1997, § 66-224)

This subsection shall apply when the location of a dwelling on a lot during construction of another dwelling on the same lot would exceed the maximum number of uses allowed for that lot and for temporary placement of a camper trailer or recreational vehicle during construction of a permanent dwelling. For purposes of this section "temporary dwelling" shall refer to the dwelling with temporary basis status and "permanent dwelling" shall refer to the new permanent dwelling.

(1)

In zoning districts in which manufactured homes are a permitted use without requirement of a special exception permit, including without limitation the Shoreland Recreation District, one camper trailer, recreational vehicle, or manufactured home may be located on a temporary basis, as defined in this section, on the same lot for which a building permit is sought and obtained for construction of a permanent dwelling. In Shoreland Recreation District, any manufactured home to be used as the temporary dwelling shall be a doublewide or tri-wide in accordance with the use restrictions for the Shoreland Recreation District, or the temporary dwelling may be a camper trailer or recreational vehicle.

(2)

An existing dwelling may remain on a temporary basis, as defined in this section, on a lot for which a building permit is sought and obtained for construction of permanent dwelling.

(3)

When a temporary dwelling is allowed by this section, "temporary basis" shall mean that the owner of the lot shall remove the temporary dwelling within 30 days of issuance of the certificate of occupancy for the permanent dwelling but no later than 18 months after issuance of the building permit for the permanent dwelling unless the permanent dwelling is a manufactured home or modular home. If the permanent dwelling is a manufactured home or modular home, the temporary dwelling shall be removed no later than 90 days after issuance of a building permit for the permanent dwelling.

(4)

Upon a showing of good cause by written request of the owner, the zoning administrator may allow by written agreement a longer period of time for removal of the temporary dwelling not to exceed 24 months after issuance of the building permit for the permanent dwelling, unless the permanent dwelling is a manufactured home or modular home. If the permanent dwelling is a manufactured home or modular home, the longer period of time allowed for removal may not exceed six months after issuance of the building permit for the permanent dwelling.

(5)

In the event that construction is not initiated for a permanent dwelling, the zoning administrator may rescind the temporary basis of the temporary dwelling upon voiding of the building permit for the permanent dwelling and may order removal of the temporary dwelling if use for occupancy, temporary or otherwise, is not authorized.

(Ord. No. 2003-4, § 1, 7-8-2003; Ord. No. 2020-001, § 3, 2-11-2020)

The HR highland recreation district consists of all of the national recreation area (NRA) within the county as designated by the United States Congress. In order to accomplish the necessary controls for this area, the boundaries of this district shall be concurrent with those of the national recreation area. The intent is to keep the use of privately owned land within the national recreation area and on this designated perimeter in harmony with the rural American theme of the national recreation area. It is not intended that these lands should develop intensively for residence, either yearround or second homes. It is the intent that the primary uses will be forestry and agriculture together with certain recreational activities appropriate to the mountains.

(Code 1997, § 66-246)

(a)

Permitted uses. In the HR highland recreation district structures to be erected or land to be used shall be for one or more of the following permitted uses:

(1)

Agriculture and forestry.

(2)

Agritourism subject, when applicable, to requirements for large agritourism events as set out in this article.

(3)

Churches.

(4)

Ecotourism, minor.

(5)

Handicraft industries.

(6)

Manufactured housing, provided that no manufactured home shall be used for business purposes in the HR district except for home occupations as defined by this chapter and subject to the provisions of article XI, division 2 of this chapter.

(7)

Signs, such as church bulletin boards, identification and directional signs, which shall be approved by the U.S. Forest Service and the planning commission.

(8)

Single-family dwellings.

(9)

Utilities and public services as follows:

a.

Poles, overhead and underground lines, distribution transformers, meters, street lighting and related appurtenances necessary for the transmission and distribution of electric and telecommunication services, with the exception of telecommunication towers. However, telecommunication towers and antennas used exclusively by public or private schools or educational institutions for the receipt and transmission of data solely for educational purposes shall be permitted by right subject to compliance with the provisions of article X of this chapter.

b.

Underground pipes and lines, manholes, pumping and booster stations, meters and related appurtenances necessary for the transmission and distribution of potable water, wastewater collection, and natural gas transmission and distribution.

c.

Solid waste disposal convenience station operated by the county after a public hearing shall have been held by the board of supervisors.

(b)

Accessory uses and structures. No accessory structure may be closer than five feet to any property line. The following accessory uses and structures are permitted in the HR district:

(1)

Garages. However, garages or other accessory structures, such as carports, porches and stoops, attached to the main building shall be considered part of the main building.

(2)

Off-street parking as required by this chapter.

(Code 1997, § 66-247; Ord. No. 98-7, § 1(66-247), 7-27-1998; Ord. No. 99-4, § 1(66-247), 6-8-1999; Ord. No. 2000-01, § 1(66-247), 4-11-2000; Ord. No. 2015-003, § 4, 5-12-2015; Ord. No. 2022-08, § 4, 12-13-2022)

In the HR highland recreation district, the following uses or structures may be permitted only if approved by the board of supervisors for the issuance of a special exception after public hearing before the planning commission and board of supervisors as provided in this chapter:

(1)

Country general store and related services.

(2)

Day care center.

(3)

Ecotourism, major.

(4)

Group camps.

(5)

Off-site uses related to airport safety as defined in section 66-610.

(6)

Recreation, commercial.

(7)

Recreational vehicle parks and campgrounds.

(8)

Restaurants, not to exceed 1,200 square feet.

(9)

Riding stables.

(10)

Sawmills.

(11)

Ski slopes and accessory uses, including lodging and eating establishments.

(12)

Utilities and public services as follows:

a.

Electrical power substations, electrical power transmission towers, telecommunication switching facilities and telecommunication towers and antennas.

b.

Water and wastewater treatment plants.

c.

Fire department offices and facilities, emergency medical rescue squad offices and facilities, law enforcement offices and facilities and other governmental offices and facilities.

(Code 1997, § 66-247; Ord. No. 98-7, § 1(66-247), 7-27-1998; Ord. No. 99-4, § 1(66-247), 6-8-1999; Ord. No. 2000-01, § 1(66-247), 4-11-2000; Ord. No. 2005-03, § 1, 3-8-2005; Ord. No. 2015-003, §§ 5, 6, 5-12-2015)

The minimum lot area for each permitted use in the HR district shall be two acres; one acre with public water.

(Code 1997, § 66-248)

Structures in the HR district shall be located 50 feet or more from any street right-of-way that is 50 feet or greater in width or 100 feet or more from the centerline of any street right-of-way less than 50 feet in width, except that signs advertising the sale or rent of premises may be erected up to the property line. This shall be known as the "setback line."

(Code 1997, § 66-249)

The minimum frontage for permitted uses in the HR district shall be 150 feet at the setback line.

(Code 1997, § 66-250)

(a)

Side. The minimum side yard for each main structure in the HR district shall be 25 feet, and the total width of the two required side yards shall be 50 feet.

(b)

Rear. Each main structure in the HR district shall have a rear yard of 50 feet or more.

(Code 1997, § 66-251)

(a)

Of the two sides of a corner lot in the HR district the front shall be deemed to be the shorter of the two sides fronting on streets.

(b)

The minimum side yard on the side facing the side street shall be 35 feet for both the main building and accessory buildings.

(Code 1997, § 66-252)

The SR shoreland recreation district contains the land area adjacent to the South Holston Reservoir. The regulations for this district are designed to provide standards for the orderly development of land surrounding the reservoir, to protect the public access to the reservoir and to prevent pollution, including sedimentation. This district should be low-density development from the maximum contour elevation of 1,747 feet to State Route 664; and in all other areas surrounding the lake, the outside boundary line shall be located 500 feet from the Tennessee Valley Authority easement boundary line. This district shall also include all land located below the 1,747-foot elevation subject to flowage easements rights required by the Tennessee Valley Authority for the operation of South Holston Reservoir.

(Code 1997, § 66-276)

(a)

Permitted uses. In the SR shoreline recreation district, structures to be erected or land to be used shall be for one or more of the following permitted uses:

(1)

Ecotourism, minor.

(2)

Site-built single-family dwellings.

(3)

Manufactured housing limited to doublewide and tri-wide models, provided that no manufactured home shall be used for business purposes in the SR district except for home occupations as defined by this chapter and subject to the provisions of article XI, division 2 of this chapter.

(4)

Utilities and public services as follows:

a.

Poles, overhead and underground lines, distribution transformers, meters, street lighting and related appurtenances necessary for the transmission and distribution of electric and telecommunication services, with the exception of telecommunication towers. However, telecommunication towers and antennas used exclusively by public or private schools or educational institutions for the receipt and transmission of data solely for educational purposes shall be permitted by right subject to compliance with the provisions of article X of this chapter.

b.

Underground pipes and lines, manholes, pumping and booster stations, meters and related appurtenances necessary for the transmission and distribution of potable water, wastewater collection, and natural gas transmission and distribution.

c.

Solid waste disposal convenience station operated by the county after a public hearing shall have been held by the board of supervisors.

(b)

Accessory uses and structures. The following accessory uses and structures permitted in the SR district shall be limited to those in this section. No accessory uses may be closer than five feet to any property line. Garages or other accessory structures such as carports, porches and stoops attached to the main building shall be considered part of the main building and not an accessory use.

(1)

Noncommercial garages for single-family vehicles.

(2)

Carports.

(3)

Decks and porches.

(4)

Additions to existing single-family dwellings.

(5)

Off-street parking as an accessory use to a permitted use under this section, in accordance with the provisions of section 66-1041.

(Code 1997, § 66-277; Ord. No. 98-7, § 1(66-277), 7-27-1998; Ord. No. 2000-01, § 1(66-277), 4-11-2000; Ord. No. 2015-003, § 4, 5-12-2015)

In the SR district, the following uses or structures may be permitted only if approved for the issuance of a special exception as provided in this chapter:

(1)

Agritourism.

(2)

Ecotourism, major.

(3)

Fire department offices and facilities, emergency medical rescue squad offices and facilities, law enforcement offices and facilities and other governmental offices and facilities.

(4)

Off-site uses related to airport safety as defined in section 66-610.

(5)

Recreation, commercial.

(6)

Townhouses, if public water and public sewer systems are available.

(7)

Water and wastewater treatment plants.

(8)

Any other proposed use shall be submitted to the planning commission for recommendation to the board of supervisors, who shall accept, reject or amend the proposed development.

(Code 1997, § 66-277; Ord. No. 98-7, § 1(66-277), 7-27-1998; Ord. No. 2000-01, § 1(66-277), 4-11-2000; Ord. No. 2015-003, §§ 5, 6, 5-12-2015; Ord. No. 2022-08, § 4, 12-13-2022)

The lot area for each permitted use in the SR district shall be as follows:

(1)

A minimum of one acre with no public water or sewer.

(2)

A minimum of 30,000 square feet with public water.

(3)

A minimum of 15,000 square feet with public sewer and water.

(Code 1997, § 66-278)

Structures in the SR district shall be located 35 feet or more from any street right-of-way that is 50 feet or greater in width or 60 feet or more from the centerline of any street right-of-way less than 50 feet in width, except that signs advertising the sale or rent of premises may be erected up to the property line. This shall be known as the "setback line."

(Code 1997, § 66-279)

For permitted uses in the SR district, the minimum lot width shall be 80 feet, and for each additional permitted use there shall be at least ten feet of additional lot width at the setback line.

(Code 1997, § 66-280)

(a)

Side. The minimum side yard for each main structure in the SR district shall be ten feet, and the total width of the two required side yards shall be 25 feet or more.

(b)

Rear. Each main structure in the SR district shall have a rear yard of 25 feet or more.

(Code 1997, § 66-281)

In the SR district, no sign, fence, wall, hedge, planting or other obstruction to vision extending to a height in excess of three feet above the established street grade shall be erected, planted or maintained within the area of a corner lot that is included between the lines of the intersecting streets and a straight line connecting them at points 20 feet distant from the intersection of the street lines.

(Code 1997, § 66-282)

The objective of the CR conservation and recreation district is the preservation of open space for recreation and other compatible uses consistent with some of the present characteristics. In order to prevent future indiscriminate development, it is the intent of this division to promote orderly, but limited, growth. Since much of the land area in this district has a slope steepness in excess of 20 percent, it precludes intensive development for most uses. This district includes, but is not limited to, all of the land north of the north fork of the Holston River. Any new growth that occurs in this district should not be in conflict with the existing public recreation facilities. Thus, such development must be of particular interest to the whole community, and it must be planned for before development occurs. In all instances, the development should be limited to sparse occupation for purposes of safety, health, convenience, order, etc., of the community.

(Code 1997, § 66-301)

(a)

Permitted uses. In the CR district, structures to be erected or land to be used shall be for one or more of the following permitted uses:

(1)

Agriculture and forestry.

(2)

Agritourism subject, when applicable, to requirements for large agritourism events as set out in this article.

(3)

Antennas and towers that are located in the Signal Hill Communication Complex, which is an area of land owned by the state department of game and inland fisheries located on the Hidden Valley Wildlife Management Area consisting of 18 lots, a plat of which is of record in the office of the Clerk of Circuit Court of the county and on file in the office of the Administrator or his designee, shall be permitted as provided in section 66-274 and which are for the use of:

a.

Interstate carriers (interstate telephone and/or telegraph companies, etc.);

b.

Commercial television/radio;

c.

Telecommunication service providers;

d.

Private local users who do not make a direct profit from the facility;

e.

Government and educational television/radio.

(4)

Cafes and restaurants.

(5)

Churches and schools.

(6)

Country general store.

(7)

Directional signs.

(8)

Ecotourism, minor.

(9)

Home occupations.

(10)

Lodges, clubs and hunting preserves.

(11)

Manufactured homes, provided that no manufactured home shall be used for business purposes in the CR district except for home occupations as defined by this chapter and subject to the provisions of article XI, division 2 of this chapter.

(12)

Parks and playgrounds.

(13)

Riding stables, bridle trails.

(14)

Single-family dwellings.

(15)

Utilities and public services as follows:

a.

Poles, overhead and underground lines, distribution transformers, meters, street lighting and related appurtenances necessary for the transmission and distribution of electric and telecommunication services, with the exception of telecommunication towers; however, telecommunication towers and antennas used exclusively by public or private schools or educational institutions for the receipt and transmission of data solely for educational purposes shall be permitted by right subject to compliance with the provisions of article X of this chapter.

b.

Underground pipes and lines, manholes, pumping and booster stations, meters and related appurtenances necessary for the transmission and distribution of potable water, wastewater collection, and natural gas transmission and distribution.

c.

Solid waste disposal convenience station operated by the county after a public hearing shall have been held by the board of supervisors.

(b)

Accessory uses and structures. No accessory structure may be closer than five feet to any property line. The following accessory uses and structures are permitted in the CR district:

(1)

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

(2)

Church bulletin boards.

(3)

Garages. However, garages or other accessory structures such as carports, porches and stoops attached to the main building shall be considered part of the main building.

(4)

Home occupation signs.

(5)

Identification signs, not to exceed eight square feet.

(6)

Off-street parking as required by this chapter.

(Code 1997, § 66-302; Ord. No. 98-7, § 1(66-302), 7-27-1998; Ord. No. 99-4, § 1(66-302), 6-8-1999; Ord. No. 2000-01, § 1(66-302), 4-11-2000; Ord. No. 2015-003, § 4, 5-12-2015; Ord. No. 2022-08, § 4, 12-13-2022)

In the CR district, the following uses or structures may be permitted only if approved for the issuance of a special exception as provided in this chapter:

(1)

Animal related services.

(2)

Cemeteries.

(3)

Day care center.

(4)

Ecotourism, major.

(5)

Fire department offices and facilities, emergency medical rescue squad offices and facilities, law enforcement offices and facilities and other governmental offices and facilities.

(6)

Location sign.

(7)

Off-site uses related to airport safety as defined in section 66-610.

(8)

Permanent manufactured home parks subject to the provisions of sections 66-969 through 66-989. No home occupations as defined by this chapter shall be conducted from a manufactured home located in a permanent manufactured home park except for the business office of the operator of the park.

(9)

Professional offices.

(10)

Recreation, commercial.

(11)

Recreational vehicle parks and campgrounds.

(12)

Rock quarries.

(13)

Sawmills, agriculturally related businesses, small businesses in general which are not objectionable because of dust, noise or odors.

(14)

Telecommunications towers in accordance with section 66-274.

(15)

Water and wastewater treatment plants.

(Code 1997, § 66-302; Ord. No. 98-7, § 1(66-302), 7-27-1998; Ord. No. 99-4, § 1(66-302), 6-8-1999; Ord. No. 2000-01, § 1(66-302), 4-11-2000; Ord. No. 2015-003, §§ 5, 6, 5-12-2015)

(a)

Telecommunications towers and antennas that are permitted in the Signal Hill Communication Complex as provided in section 66-272(13) shall be by application and submittal of site plan, documentation showing approval by the Federal Aviation Administration and any other approvals required by state or federal law, and an application fee of as provided in the fee schedule in Appendix A to this Code. Since there will be no ongoing residential or commercial activity, presence or traffic at the lots in the Signal Hill Communication Complex, the factors which would generally require a minimum lot size of two acres per use in the Signal Hill Communication Complex may not be applicable and since various state and federal agencies will approve the construction or erection of the antenna or tower prior to the issuance of a permit by the county, the administrator shall have the power to reduce the area requirements to a size appropriate to the tower or antenna being constructed.

(b)

Applicants other than those permitted in section 66-272(13) for antennas or towers in the Signal Hill Communication Complex shall be approved only after a hearing and a special exception and a nonrefundable application fee as provided in the fee schedule in Appendix A to this Code.

(c)

Applications for antenna sites or towers at locations other than those sites already designated for antennas and towers will be evaluated only upon receipt of an application on behalf of the property owner and the owner of the proposed tower and a nonrefundable deposit as provided in the fee schedule in Appendix A to this Code and approvals by the Federal Aviation Administration and all federal and state agencies having approval and regulatory authority.

(Code 1997, § 66-303; Ord. No. 2000-01, § 1(66-303), 4-11-2000)

The minimum lot area for each permitted use in the CR district shall be two acres; one acre, where public water is available.

(Code 1997, § 66-304)

Structures in the CR district shall be 35 feet or more from any street right-of-way that is 50 feet or greater in width or 60 feet or more from the centerline of any street right-of-way less than 50 feet in width, except that signs advertising the sale or rent of premises may be erected up to the property line. This shall be known as the "setback line."

(Code 1997, § 66-305)

(a)

The minimum frontage for permitted uses in the CR district shall be 150 feet at the setback line.

(b)

The minimum side yard for each main structure shall be 15 feet, and the total width of the two required side yards shall be 35 feet or more.

(c)

Each main structure shall have a rear yard of 35 feet or more.

(Code 1997, § 66-306)

The A-1 limited agricultural district covers the portions of the county which are occupied by various open uses, such as forests, parks, farms, lakes or mountains. The A-1 limited agricultural district is established for the specific purpose of facilitating existing and future farming operations, conservation of water and other natural resources, reducing soil erosion, protecting watersheds, and reducing hazards from flood and fire. Uses not consistent with the existing character of the A-1 limited agricultural district are not permitted.

(Code 1997, § 66-331)

(a)

Permitted uses. In the A-1 district, structures to be erected or land to be used shall be for one or more of the following permitted uses:

(1)

Agriculture, general farming, dairying, greenhouses and forestry.

(2)

Agritourism subject, when applicable, to requirements for large agritourism events as set out in this article.

(3)

Cemeteries.

(4)

Ecotourism, minor.

(5)

Home occupations.

(6)

Lodges, private clubs, and golf clubs.

(7)

Lumber and building supply (with storage under cover).

(8)

Manufactured homes, provided that no manufactured home shall be used for business purposes in the A-1 district except for home occupations as defined by this chapter and subject to the provisions of article XI, division 2 of this chapter.

(9)

Parks and playgrounds, preserves and conservation areas.

(10)

Schools and churches.

(11)

Single-family and two-family dwellings.

(12)

Small boat docks (with repairs) and yacht clubs.

(13)

Utilities and public services as follows:

a.

Poles, overhead and underground lines, distribution transformers, meters, street lighting and related appurtenances necessary for the transmission and distribution of electric and telecommunication services, electrical power substations, electrical power transmission towers, telecommunication switching facilities and telecommunication towers and antennas.

b.

Underground pipes and lines, manholes, pumping and booster stations, meters and related appurtenances necessary for the transmission and distribution of potable water, wastewater collection, and natural gas transmission and distribution.

c.

Solid waste disposal convenience station operated by the county after a public hearing shall have been held by the board of supervisors.

(14)

Veterinarian clinics and related services.

(b)

Accessory uses and structures. No accessory structure may be closer than five feet to any property line. The following accessory uses and structures are permitted in the A-1 district:

(1)

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

(2)

Church bulletin boards and identification signs.

(3)

Directional signs.

(4)

Garages. However, garages or other accessory structures such as carports, porches and stoops attached to the main building shall be considered part of the main building.

(5)

Home occupation signs.

(6)

Off-street parking as required in this chapter.

(Code 1997, § 66-332; Ord. No. 98-7, § 1(66-332), 7-27-1998; Ord. No. 99-4, § 1(66-332), 6-8-1999; Ord. No. 2000-01, § 1(66-332), 4-11-2000; Ord. No. 2015-003, § 4, 5-12-2015; Ord. No. 2022-08, § 4, 12-13-2022)

In the A-1 district, the following uses or structures may be permitted only if approved for the issuance of a special exception as provided in this chapter:

(1)

Day care centers, rest homes and group homes.

(2)

Ecotourism, major.

(3)

Fire department offices and facilities, emergency medical rescue squad offices and facilities, law enforcement offices and facilities and other governmental offices and facilities.

(4)

Gas wells.

(5)

General stores.

(6)

Land application of human waste sludge or industrial sludge pursuant to chapter 30, article VI.

(7)

Off-site uses related to airport safety as defined in section 66-610.

(8)

Pawnbroker, precious metals dealer.

(9)

Permanent manufactured home parks subject to the provisions of sections 66-969 through 66-989. No home occupations as defined by this chapter shall be conducted from a manufactured home located in a permanent manufactured home park except for the business office of the operator of the park.

(10)

Private landing strip.

(11)

Recreation, commercial.

(12)

Sawmills, planing mills, agriculturally related businesses, small businesses in general, and light industry which are not objectionable because of dust, noise or odors.

(13)

Taxi stands.

(14)

Trash disposal convenience site.

(15)

Water and wastewater treatment plants.

(Code 1997, § 66-332; Ord. No. 98-7, § 1(66-332), 7-27-1998; Ord. No. 99-4, § 1(66-332), 6-8-1999; Ord. No. 2000-01, § 1(66-332), 4-11-2000; Ord. No. 2014-008, § 3, 9-9-2014; Ord. No. 2015-003, §§ 5, 6, 5-12-2015; Ord. No. 2018-001, § 3, 2-13-2018; Ord. No. 2018-004, § 3, 4-10-2018)

The minimum lot area for each permitted use in the A-1 district shall be two acres; one acre, where public water is available.

(Code 1997, § 66-333)

Structures in the A-1 district shall be 35 feet or more from any street right-of-way that is 50 feet or greater in width or 60 feet or more from the centerline of any street right-of-way less than 50 feet in width, except that signs advertising the sale or rent of premises may be erected up to the property line. This shall be known as the "setback line."

(Code 1997, § 66-334)

The minimum frontage for permitted uses in the A-1 district shall be 150 feet at the setback line.

(Code 1997, § 66-335)

(a)

Side. The minimum side yard for each main structure in the A-1 district shall be 15 feet, and the total width of the two required side yards shall be 50 feet.

(b)

Rear. Each main structure in the A-1 district shall have a rear yard of 35 feet or more.

(Code 1997, § 66-336)

(a)

Of the two sides of a corner lot in the A-1 district, the front shall be deemed to be the shorter of the two sides fronting on streets.

(b)

The minimum side yard on the side facing the side street in the A-1 district shall be 35 feet for both main and accessory buildings.

(Code 1997, § 66-337)

Generally, the A-2 general agricultural district covers the portion of the county into which urban-type development could logically expand as the need occurs. As a general rule, it surrounds residential sections. Domestic water and sewerage facilities, police and fire protection, and other services necessary to accommodate urban-type development already exist in the district or can be economically extended as urbanization takes place. The A-2 general agricultural district is established for the specific purpose of providing for the orderly expansion of urban development into territory surrounding incorporated areas within or adjacent to the county, confining such development to such locations as can feasibly be supplied urban-type facilities, and discouraging the random scattering of residential, commercial and industrial uses into the area.

(Code 1997, § 66-361)

(a)

Permitted uses. In the A-2 district, structures to be erected or land to be used shall be for one or more of the following permitted uses:

(1)

Agriculture, general farming, dairying, greenhouses and forestry.

(2)

Agritourism subject, when applicable, to requirements for large agritourism events as set out in this article.

(3)

Beauty shops and barbershops.

(4)

Cemeteries.

(5)

Ecotourism, minor.

(6)

General stores, gift and antique shops and small handicraft shops having less than 1,500 square feet of total floor area and no more than six paid employees. Small handicraft shops include, but are not limited to, woodworking, upholstery, framing, glass blowing and ceramic shops.

(7)

Home occupations conducted by the occupant.

(8)

Lodges and private clubs.

(9)

Parks, playgrounds, preserves and conservation areas.

(10)

Professional offices (within occupant's dwelling).

(11)

Schools and churches.

(12)

Single-, two- and multiple-family dwellings, including manufactured homes, provided that no manufactured home shall be used for business purposes in the A-2 district except for home occupations as defined by this chapter and subject to the provisions of article XI, division 2 of this chapter.

(13)

Small boat docks (with repair).

(14)

Townhouses, if public water and public sewer systems are available.

(15)

Utilities and public services as follows:

a.

Poles, overhead and underground lines, distribution transformers, meters, street lighting and related appurtenances necessary for the transmission and distribution of electric and telecommunication services, electrical power substations, electrical power transmission towers, telecommunication switching facilities and telecommunication towers and antennas.

b.

Underground pipes and lines, manholes, pumping and booster stations, meters and related appurtenances necessary for the transmission and distribution of potable water, wastewater collection, and natural gas transmission and distribution.

c.

Solid waste disposal convenience station operated by the county after a public hearing shall have been held by the board of supervisors.

(16)

Veterinary and related services.

(b)

Accessory uses and structures. No accessory structure may be closer than five feet to any property line. The following accessory uses and structures are permitted in the A-2 district:

(1)

Church bulletin boards and identification signs.

(2)

Directional signs, business signs and home occupation signs.

(3)

Garages. However, garages or other accessory structures such as carports, porches and stoops attached to the main building shall be considered part of the main building.

(4)

Off-street parking as required in this chapter.

(Code 1997, § 66-362; Ord. No. 98-7, § 1(66-362), 7-27-1998; Ord. No. 99-4, § 1(66-362), 6-8-1999; Ord. No. 2000-01, § 1(66-362), 4-11-2000; Ord. No. 2015-003, § 4, 5-12-2015; Ord. No. 2022-08, § 4, 12-13-2022)

In the A-2 district, the following uses or structures may be permitted only if approved for the issuance of a special exception as provided in this chapter:

(1)

Airports.

(2)

Ecotourism, major.

(3)

Fire department offices and facilities, emergency medical rescue squad offices and facilities, law enforcement offices and facilities and other governmental offices and facilities.

(4)

Gas wells.

(5)

Golf courses.

(6)

Group homes and day care centers.

(7)

Hotels and restaurants.

(8)

Land application of human waste sludge or industrial sludge pursuant to chapter 30, article VI.

(9)

Nonagriculturally related storage facilities having a single story and no more than 2,000 square feet in floor area.

(10)

Off-site uses related to airport safety as defined in section 66-695.

(11)

Pawnbroker, precious metals dealer.

(12)

Recreation, commercial.

(13)

Rest homes.

(14)

Sawmills, planing mills, agriculturally related businesses, small businesses in general, and light industry.

(15)

Taxi stands.

(16)

Water and wastewater treatment plants.

(Code 1997, § 66-362; Ord. No. 98-7, § 1(66-362), 7-27-1998; Ord. No. 99-4, § 1(66-362), 6-8-1999; Ord. No. 2000-01, § 1(66-362), 4-11-2000; Ord. No. 2014-008, § 3, 9-9-2014; Ord. No. 2015-003, §§ 5, 6, 5-12-2015; Ord. No. 2018-001, § 3, 2-13-2018; Ord. No. 2018-004, § 3, 4-10-2018)

The lot area for each permitted use in the A-2 district shall be as follows:

(1)

A minimum of one acre with no public water or sewer.

(2)

A minimum of 30,000 square feet with public water.

(3)

A minimum of 15,000 square feet with public sewer and water.

(Code 1997, § 66-363)

Structures in the A-2 district shall be 35 feet or more from any street right-of-way that is 50 feet or greater in width or 60 feet or more from the centerline of any street right-of-way less than 50 feet in width, except that signs advertising the sale or rent of premises may be erected up to the property line. This shall be known as the "setback line."

(Code 1997, § 66-364)

The minimum frontage for permitted uses in the A-2 district shall be 100 feet at the setback line.

(Code 1997, § 66-365)

(a)

Side. The minimum side yard for each main structure in the A-2 district shall be 15 feet, and the total width of the two required side yards shall be 35 feet or more.

(b)

Rear. Each main structure in the the A-2 district shall have a rear yard of 35 feet or more.

(Code 1997, § 66-366)

Buildings in the A-2 district may be erected up to 35 feet in height; except that:

(1)

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

(2)

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

(3)

Church spires, belfries, silos and barns, cupolas, monuments, water towers, chimneys, flues, flagpoles, television antennas and radio aerials are exempt. Parapet walls may be up to four feet above the height of the building on which the walls rest.

(4)

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

(Code 1997, § 66-367)

(a)

Of the two sides of a corner lot in the A-2 district, the front shall be deemed to be the shorter of the two sides fronting on streets.

(b)

The minimum side yard on the side facing the side street in the A-2 district shall be 35 feet for both main and accessory buildings.

(c)

For subdivisions platted after December 31, 1971, each corner lot in the A-2 district shall have a minimum width at the setback line of 125 feet.

(d)

No sign, fence, wall, hedge, planting or other obstruction to vision, extending to a height in excess of three feet above the established street grade, shall be erected, planted or maintained within the area of a corner lot in the A-2 district that is included between the lines of the intersecting streets and a straight line connecting them at points 20 feet distant from the intersection of the street lines.

(Code 1997, § 66-368)

Certain conglomerate communities exist in the county, and for the most part these communities remain as crossroad developments. In order to prevent the continuation of such haphazard development of mixed uses in a limited space, it is proposed to control the potential growth by these regulations. This is necessary because none of these communities is large enough to institute effective controls adequately and efficiently by its own contrivances. In these smaller compacted communities, it is desirable to establish a set of standards for expanding growth. The basic elements contained in this division are created to permit orderly growth to occur so that these communities may become viable local trade and service centers of the county. Included in this array of smaller unincorporated communities are Clinchburg, Emory, Greendale, Meadowview, Mendota and Taylor's Valley.

(Code 1997, § 66-391)

(a)

Permitted uses. In the village district, structures to be erected or land to be used shall be for one or more of the following uses:

(1)

Agriculture.

(2)

Agritourism subject, when applicable, to requirements for large agritourism events as set out in this article.

(3)

Beauty shops and barbershops.

(4)

Business and professional offices, to include banks.

(5)

Ecotourism, minor.

(6)

General stores and small retail stores having a sales area of 4,000 square feet or less.

(7)

Gift and antique shops.

(8)

Home occupations conducted by the occupant.

(9)

Lodges and private clubs.

(10)

Schools and churches.

(11)

Single-family dwellings.

(12)

Solid waste disposal convenience station operated by the county after a public hearing shall have been held by the board of supervisors.

(13)

Telecommunication towers and antennas used exclusively by public or private schools or educational institutions for the receipt and transmission of data solely for educational purposes shall be permitted by right subject to compliance with the provisions of article X of this chapter.

(14)

Townhouses, if public water and public sewer systems are available.

(15)

Underground pipes and lines, manholes, pumping and booster stations, meters and related appurtenances necessary for the transmission and distribution of potable water, wastewater collection, and natural gas transmission and distribution.

(b)

Accessory uses and structures. No accessory structure may be closer than five feet to any property line. The following accessory uses and structures are permitted in the village district:

(1)

Church bulletin boards and identification signs.

(2)

Directional signs, business signs and home occupation signs.

(3)

Garages. However, garages or other accessory structures such as carports, porches and stoops attached to the main building shall be considered part of the main building.

(4)

Off-street parking as required in this chapter.

(Code 1997, § 66-392; Ord. No. 98-7, § 1(66-392), 7-27-1998; Ord. No. 99-4, § 1(66-392), 6-8-1999; Ord. No. 2000-01, § 1(66-392), 4-11-2000; Ord. No. 2015-003, § 4, 5-12-2015; Ord. No. 2022-08, § 4, 12-13-2022)

In the village district, the following uses or structures may be permitted only if approved for the issuance of a special exception as provided in this chapter:

(1)

Agricultural and building supply yards.

(2)

Day care centers, rest homes and group homes.

(3)

Ecotourism, major.

(4)

Manufacured homes and permanent manufactured home parks and subject to the provisions of article XI of this chapter. No home occupations as defined by this chapter shall be conducted from a manufactured home located in a permanent manufactured home park except for the business office of the operator of the park.

(5)

Manufacturing.

(6)

Motels and restaurants.

(7)

Multiple-family dwellings.

(8)

Off-site uses related to airport safety as defined in article X of this chapter.

(9)

Recreation, commercial.

(10)

Small businesses in general.

(11)

Storage warehouses.

(12)

Trash disposal convenience site.

(13)

Utilities and public services as follows:

a.

Poles, overhead and underground lines, distribution transformers, meters, street lighting and related appurtenances necessary for the transmission and distribution of electric and telecommunication services (with the exception of telecommunication towers); electrical power substations and telecommunication switching facilities.

b.

Water and wastewater treatment plants.

c.

Fire department offices and facilities, emergency medical rescue squad offices and facilities, law enforcement offices and facilities and other governmental offices and facilities.

(Code 1997, § 66-392; Ord. No. 98-7, § 1(66-392), 7-27-1998; Ord. No. 99-4, § 1(66-392), 6-8-1999; Ord. No. 2000-01, § 1(66-392), 4-11-2000; Ord. No. 2015-003, §§ 5, 6, 5-12-2015)

The lot area for each permitted use in the village district shall be as follows:

(1)

A minimum of one acre with no public water or sewer.

(2)

A minimum of 30,000 square feet with public water.

(3)

A minimum of 15,000 square feet with public sewer and water.

(Code 1997, § 66-393)

Structures in the village district shall be 35 feet or more from any street right-of-way that is 50 feet or greater in width or 60 feet or more from the centerline of any street right-of-way less than 50 feet in width, except that signs advertising the sale or rent of premises may be erected up to the property line. This shall be known as the "setback line."

(Code 1997, § 66-394)

The minimum frontage for permitted uses in the village district shall be 100 feet at the setback line.

(Code 1997, § 66-395)

(a)

Side. The minimum side yard for each main structure in the village district shall be 15 feet, and the total width of the two required side yards shall be 35 feet or more.

(b)

Rear. Each main structure in the village district shall have a rear yard of 35 feet or more.

(Code 1997, § 66-396)

Buildings in the village district may be erected up to 35 feet in height; except that:

(1)

The height limit for dwellings may be increased up to 45 feet and up to three stories, provided there are two side yards for each permitted use, each of which is 15 feet or more, plus one foot or more of side yard for each additional foot of building height over 35 feet. A public or semipublic building such as a school, church, library or general hospital may be erected to a height of 60 feet from the grade provided that required front, side and rear yards shall be increased one foot for each foot in height over 35 feet.

(2)

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

(3)

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

(Code 1997, § 66-397)

(a)

Of the two sides of a corner lot in the village district, the front shall be deemed to be the shorter of the two sides fronting on streets.

(b)

The minimum side yard on the side facing the side street shall be 35 feet for both main and accessory buildings.

(c)

For subdivisions platted after December 31, 1971, each corner lot in the village district shall have a minimum width at the setback line of 125 feet.

(d)

No sign, fence, wall, hedge, planting or other obstruction to vision, extending to a height in excess of three feet above the established street grade in the village district, shall be erected, planted or maintained within the area of a corner lot that is included between the lines of the intersecting streets and a straight line connecting them at points 20 feet distant from the intersection of the street line.

(Code 1997, § 66-398)

Konnarock, by its proximity to the main attractions of the National Recreation Area around Whitetop Mountain and Mount Rogers, must be guarded from development that would be detrimental to the natural beauty and culture of the region. It is the intent of this division to help with maintaining its uniqueness while still permitting orderly development.

(Code 1997, § 66-421)

The Konnarock district boundaries will be as follows:

Beginning at a point where Green Cove Creek intersects with U.S. Highway 58 just north of State Route 728 and following Green Cove Creek north to its spring; continuing north from the Green Cove Spring a distance of approximately 1,000 feet and turning eastward in a northeasterly direction to the Washington County/Smyth County line; returning to the intersection of Green Cove Creek and following Green Cove Branch in a generally southwardly direction to its intersection with Star Hill Branch and following Star Hill Branch in a generally northeasterly direction to its spring; from the Green Cove Spring, the Konnarock district shall follow a straight line to the Washington County/Smyth County line. The eastern boundary of the Konnarock district shall be concurrent with the Washington County/Smyth County line.

(Code 1997, § 66-422)

(a)

Permitted uses. In the Konnarock district, structures to be erected or land to be used shall be for one or more of the following permitted uses:

(1)

Agriculture.

(2)

Agritourism subject, when applicable, to requirements for large agritourism events as set out in this article.

(3)

Ecotourism, minor.

(4)

Single-family dwellings.

(5)

Schools and churches.

(6)

Townhouses, if public water and public sewer systems are available.

(7)

Manufactured housing, provided that no manufactured home shall be used for business purposes in the Konnarock district except for home occupations as defined by this chapter and subject to the provisions of article XI, division 2 of this chapter.

(8)

Home occupations conducted by the occupant.

(9)

Telecommunication towers and antennas used exclusively by public or private schools or educational institutions for the receipt and transmission of data solely for educational purposes shall be permitted by right subject to compliance with the provisions of article X of this chapter.

(10)

Underground pipes and lines, manholes, pumping and booster stations, meters and related appurtenances necessary for the transmission and distribution of potable water, wastewater collection, and natural gas transmission and distribution.

(11)

Solid waste disposal convenience station operated by the county after a public hearing shall have been held by the board of supervisors.

(12)

Church cemeteries.

(b)

Accessory uses and structures. No accessory structure may be closer than five feet to any property line. The following accessory uses and structures are permitted in the Konnarock district:

(1)

Church bulletin boards and identification signs.

(2)

Directional signs, business signs, and home occupation signs.

(3)

Garages. However, garages or other accessory structures, such as carports, porches and stoops attached to the main building, shall be considered part of the main building.

(4)

Off-street parking as required in this chapter.

(Code 1997, § 66-423; Ord. No. 98-7, § 1(66-423), 7-27-1998; Ord. No. 99-4, § 1(66-423), 6-8-1999; Ord. No. 2000-01, § 1(66-423), 4-11-2000; Ord. No. 2015-003, § 4, 5-12-2015; Ord. No. 2022-08, § 4, 12-13-2022)

In the Konnarock district, the following uses or structures may be permitted only if approved for the issuance of a special exception as provided in this chapter:

(1)

Agricultural and building supply yards.

(2)

Beauty shops and barbershops.

(3)

Business and professional offices.

(4)

Day care center.

(5)

Ecotourism, major.

(6)

Gas stations and garages.

(7)

General stores.

(8)

Gift and antique shops.

(9)

Lodges and private clubs.

(10)

Manufacturing.

(11)

Motels and restaurants.

(12)

Multiple-family dwellings.

(13)

Off-site uses related to airport safety as defined in section 66-610.

(14)

Recreation, commercial.

(15)

Recreational vehicle parks and campgrounds

(16)

Riding stables.

(17)

Utilities and public services as follows:

a.

Poles, overhead and underground lines, distribution transformers, meters, street lighting and related appurtenances necessary for the transmission and distribution of electric and telecommunication services (with the exception of telecommunication towers); electrical power substations and telecommunication switching facilities.

b.

Water and wastewater treatment plants.

c.

Fire department offices and facilities, emergency medical rescue squad offices and facilities, law enforcement offices and facilities and other governmental offices and facilities.

(Code 1997, § 66-423; Ord. No. 98-7, § 1(66-423), 7-27-1998; Ord. No. 99-4, § 1(66-423), 6-8-1999; Ord. No. 2000-01, § 1(66-423), 4-11-2000; Ord. No. 2008-006, § 1, 6-10-2008; Ord. No. 2015-003, §§ 5, 6, 5-12-2015)

The minimum lot area for each permitted use in the Konnarock district shall be two acres; one acre, where public water is available.

(Code 1997, § 66-424)

Structures in the Konnarock district shall be 35 feet or more from any street right-of-way that is 50 feet or greater in width or 60 feet or more from the centerline of any street right-of-way less than 50 feet in width, except that signs advertising the sale or rent of premises may be erected up to the property line. This shall be known as the "setback line."

(Code 1997, § 66-425)

The minimum frontage for permitted uses in the Konnarock district shall be 150 feet at the setback line.

(Code 1997, § 66-426)

(a)

Side. The minimum side yard for each main structure in the Konnarock district shall be 15 feet, and the total width of the two required side yards shall be 35 feet or more.

(b)

Rear. Each main structure in the Konnarock district shall have a rear yard of 35 feet or more.

(Code 1997, § 66-427)

Buildings in the Konnarock district may be erected up to 35 feet in height, except that:

(1)

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

(2)

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

(3)

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

(4)

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

(Code 1997, § 66-428)

(a)

Of the two sides of a corner lot in the Konnarock district, the front shall be deemed to be the shorter of the two sides fronting on streets.

(b)

The minimum side yard on the side facing the side street in the Konnarock district shall be 35 feet for both main and accessory buildings.

(c)

For subdivisions platted after December 31, 1971, each corner lot in the Konnarock district shall have a minimum width at the setback line of 125 feet.

(d)

No sign, fence, wall, hedge, planting or other obstruction to vision, extending to a height in excess of three feet above the established street grade in the Konnarock district, shall be erected, planted or maintained within the area of a corner lot that is included between the lines of the intersecting streets and a straight line connecting them at points 20 feet distant from the intersection of the street lines.

(Code 1997, § 66-429)

The R-1 limited residential district is composed of certain quiet, low-density residential areas plus certain open areas where similar residential development appears likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for family life where there are children, and to prohibit all activities of a commercial nature. To these ends, development in the R-1 limited residential district is limited to relatively low concentration; and permitted uses are limited basically to single-unit dwellings providing homes for the residents plus certain additional uses, such as schools, parks, churches, and certain public facilities that serve the residents of the district. No home occupations (including room renting) are permitted in the R-1 limited residential district.

(Code 1997, § 66-451)

(a)

Permitted uses. In the R-1 district, structures to be erected or land to be used shall be for one or more of the following permitted uses:

(1)

Parks and playgrounds.

(2)

Schools and churches.

(3)

Single-family and two-family dwellings.

(4)

Utilities and public services as follows:

a.

Poles, overhead and underground lines, distribution transformers, meters, street lighting and related appurtenances necessary for the transmission and distribution of electric and telecommunication services, with the exception of telecommunication towers.

b.

Telecommunication towers and antennas used exclusively by public or private schools or educational institutions for the receipt and transmission of data solely for educational purposes shall be permitted by right subject to compliance with the provisions of article X of this chapter.

c.

Underground pipes and lines, manholes, pumping and booster stations, meters and related appurtenances necessary for the transmission and distribution of potable water, wastewater collection, and natural gas transmission and distribution.

(b)

Accessory uses and structures. No accessory structure may be closer than five feet to any property line. The following accessory uses and structures are permitted in the R-1 district:

(1)

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

(2)

Church bulletin boards and identification signs.

(3)

Directional signs.

(4)

Garages. However, garages or other accessory buildings such as carports, porches and stoops attached to the main building shall be considered part of the main building.

(5)

Off-street parking as an accessory use to a permitted use under this section, in accordance with the provisions of section 66-1041.

(Code 1997, § 66-452; Ord No. 2000-01, § 1(66-452), 4-11-2000)

In the R-1 district, the following uses or structures may be permitted only if approved for the issuance of a special exception as provided in this chapter:

(1)

Golf courses.

(2)

Water and wastewater treatment plants.

(Code 1997, § 66-452; Ord No. 2000-01, § 1(66-452), 4-11-2000)

The lot area for each permitted single-family use in the R-1 district shall be as follows:

(1)

A minimum of one acre with no public water or sewer.

(2)

A minimum of 30,000 square feet with public water.

(3)

A minimum of 15,000 square feet with public sewer and water.

(Code 1997, § 66-453)

Structures in the R-1 district shall be located 35 feet or more from any street right-of-way that is 50 feet or greater in width or 60 feet or more from the centerline of any street right-of-way less than 50 feet in width. This shall be known as the "setback line."

(Code 1997, § 66-454)

The minimum lot width at the setback line in the R-1 district shall be 100 feet.

(Code 1997, § 66-455)

(a)

Side. The minimum side yard for each main structure in the R-1 district shall be 15 feet, and the total width of the two required side yards shall be 35 feet or more.

(b)

Rear. Each main structure in the R-1 district shall have a rear yard of 35 feet or more.

(Code 1997, § 66-456)

Buildings in the R-1 district may be erected up to 35 feet in height; except that:

(1)

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

(2)

A public or semipublic building such as a school or church may be erected to a height of 60 feet from grade, provided that required front, side and rear yards shall be increased one foot for each foot in height over 35 feet.

(3)

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

(4)

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

(Code 1997, § 66-457)

(a)

Of the two sides of a corner lot in the R-1 district, the front shall be deemed to be the shorter of the two sides fronting on streets.

(b)

The side yard on the side facing the side street in the R-1 district shall be 35 feet or more for both main and accessory buildings.

(c)

For subdivisions platted after December 31, 1971, each corner lot in the R-1 district shall have a minimum width at the setback line of 125 feet.

(d)

No sign, fence, wall, hedge, planting or other obstruction to vision extending to a height in excess of three feet above the established street grade shall be erected, planted or maintained in the R-1 district within the area of a corner lot that is included between the lines of the intersecting streets and a straight line connecting them at points 20 feet distant from the intersection of the street lines.

(Code 1997, § 66-458)

The R-2 general residential district is composed of certain medium to high concentration of residential uses, ordinarily located between residential and commercial areas, plus certain open areas where similar development appears likely to occur. The regulations for the R-2 general residential district are designed to stabilize and protect the essential characteristics of the district; to promote and encourage, insofar as compatible with the intensity of land use, a suitable environment for family life composed of an adult population with some children; and to permit certain commercial uses of a character unlikely to develop general concentration of traffic, crowds of customers, and general outdoor advertising. To these ends retail activity in the R-2 general residential district is sharply limited, and this district is protected against encroachment of general commercial or industrial uses. All residential types of structures for both permanent and transient occupancy, including institutions, are permitted, plus structures for commercial uses conforming to the pattern of the district. The R-2 general residential district is not completely residential as it includes public and semipublic, institutional and other related uses. However, the R-2 general residential district is basically residential in character and, as such, should not be spotted with commercial and industrial uses.

(Code 1997, § 66-481)

(a)

Permitted uses. In the R-2 district, structures to be erected or land to be used shall be for one or more of the following permitted uses:

(1)

Clubs and lodges.

(2)

Home occupations conducted by the occupant.

(3)

Parks and playgrounds.

(4)

Professional offices.

(5)

Schools and churches.

(6)

Single-family, two-family, and multifamily dwellings.

(7)

Tourist homes, roominghouses and boardinghouses.

(8)

Townhouses, if public water and public sewer systems are available.

(9)

Utilities and public services as follows:

a.

Poles, overhead and underground lines, distribution transformers, meters, street lighting and related appurtenances necessary for the transmission and distribution of electric and telecommunication services, with the exception of telecommunication towers.

b.

Telecommunication towers and antennas used exclusively by public or private schools or educational institutions for the receipt and transmission of data solely for educational purposes shall be permitted by right subject to compliance with the provisions of article X of this chapter.

c.

Underground pipes and lines, manholes, pumping and booster stations, meters and related appurtenances necessary for the transmission and distribution of potable water, wastewater collection, and natural gas transmission and distribution.

(b)

Accessory uses and structures. No accessory structure may be closer than five feet to any property line. The following accessory uses and structures are permitted in the R-2 district:

(1)

Church bulletin boards and identification signs.

(2)

Directional signs, business signs and home occupation signs.

(3)

Garages. However, garages or other accessory structures such as carports, porches and stoops attached to the main building shall be considered part of the main building.

(4)

Off-street parking as required in this chapter.

(Code 1997, § 66-482; Ord. No. 99-4, § 1(66-482), 6-8-1999; Ord. No. 2000-01, § 1(66-482), 4-11-2000)

In the R-2 district, the following uses or structures may be permitted only if approved for the issuance of a special exception as provided in this chapter:

(1)

Day care center, including a day care center as home occupation.

(2)

Electrical power substations and telecommunication switching facilities.

(3)

Fire department offices and facilities, emergency medical rescue squad offices and facilities, law enforcement offices and facilities and other governmental offices and facilities.

(4)

General hospitals.

(5)

Golf courses.

(6)

Horse barn as an accessory use, noncommercial, to an on-site residential dwelling with a minimum of five acres of land.

(7)

Rest homes and group homes.

(8)

Water and wastewater treatment plants.

(Code 1997, § 66-482; Ord. No. 99-4, § 1(66-482), 6-8-1999; Ord. No. 2000-01, § 1(66-482), 4-11-2000)

The lot area for each permitted use in the R-2 district shall be as follows:

(1)

A minimum of one acre with no public water or sewer.

(2)

A minimum of 30,000 square feet with public water.

(3)

A minimum of 15,000 square feet with public sewer and water.

(Code 1997, § 66-483)

Structures in the R-2 district shall be located 35 feet or more from any street right-of-way that is 50 feet or greater in width or 60 feet or more from the centerline of any street right-of-way less than 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."

(Code 1997, § 66-484)

For permitted uses in the R-2 district, the minimum lot width at the setback line shall be 80 feet, and for each additional permitted use there shall be at least ten feet of additional lot width at the setback line.

(Code 1997, § 66-485)

(a)

Side. The minimum side yard for each main structure in the R-2 district shall be ten feet, and the total width of the two required side yards shall be 25 feet or more.

(b)

Rear. Each main structure in the R-2 district shall have a rear yard of 25 feet or more.

(Code 1997, § 66-486)

Buildings in the R-2 district may be erected up to 35 feet in height from grade, except that:

(1)

The height limit for dwellings may be increased up to ten feet and up to three stories, provided there are two side yards for each permitted use, each of which is ten feet or more plus one foot or more of side yard for each additional foot of building height over 35 feet.

(2)

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

(3)

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

(4)

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

(Code 1997, § 66-487)

(a)

Of the two sides of a corner lot in the R-2 district, the front shall be deemed to be the shorter of the two sides fronting on streets.

(b)

The side yard on the side facing the side street in the R-2 district shall be 35 feet or more for both main and accessory buildings.

(c)

For subdivisions platted after December 31, 1971, each corner lot in the R-2 district shall have a minimum width at the setback line of 100 feet.

(d)

No sign, fence, wall, hedge, planting or other obstruction to vision, extending to a height in excess of three feet above the established street grade, shall be erected, planted or maintained in the R-2 district within the area of a corner lot that is included between the lines of the intersecting streets and a straight line connecting them at points 20 feet distant from the intersection of the street lines.

(Code 1997, § 66-488)

The R-3 residential district is intended to accommodate moderate-density suburban residential uses to be served by public water and sewer facilities. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage, insofar as compatible with the intensity of land use, a suitable environment for family life, and to permit certain compatible commercial uses of a character unlikely to develop general concentration of traffic, crowds of customers and general outdoor advertising.

(Ord. No. 2023-05, § 3, 7-11-2023)

(a)

Permitted uses. In the R-3 district, structures to be erected or land to be used shall be for one or more of the following permitted uses:

(1)

Any use permitted by right in the R-2 general residential district.

(2)

Clubs and lodges.

(3)

Home occupations conducted by the occupant.

(4)

Parks and playgrounds.

(5)

Professional offices.

(6)

Schools and churches.

(7)

Single-family, two-family, and multifamily dwellings.

(8)

Tourist homes, rooming houses, and boardinghouses.

(9)

Townhouses, if public water and public sewer systems are available.

(10)

Utilities and public services as follows:

a.

Poles, overhead and underground lines, distribution transformers, meters, street lighting and related appurtenances necessary for the transmission and distribution of electric and telecommunication services, with the exception of telecommunication towers.

b.

Telecommunication towers and antennas used exclusively by public or private schools or educational institutions for the receipt and transmission of data solely for educational purposes shall be permitted by right subject to compliance with the provisions of article X of this chapter.

c.

Underground pipes and lines, manholes, pumping and booster stations, meters and related appurtenances necessary for the transmission and distribution of potable water, wastewater collection, and natural gas transmission and distribution.

(b)

Accessory uses and structures. No accessory structure may be closer than five feet to any property line. The following accessory uses and structures are permitted in the R-3 district:

(1)

Church bulletin boards and identification signs.

(2)

Directional signs, business signs and home occupation signs.

(3)

Garages. However, garages or other accessory structures such as carports, porches and stoops attached to the main building shall be considered part of the main building.

(4)

Off-street parking as required in this chapter.

(Ord. No. 2023-05, § 3, 7-11-2023)

In the R-3 district, the following uses or structures may be permitted only if approved for the issuance of a special exception as provided in this chapter:

(1)

Day care center, including a day care center as home occupation.

(2)

Electrical power substations and telecommunication switching facilities.

(3)

Fire department offices and facilities, emergency medical rescue squad offices and facilities, law enforcement offices and facilities and other governmental offices and facilities.

(4)

Rest homes and group homes.

(5)

Water and wastewater treatment plants.

(Ord. No. 2023-05, § 3, 7-11-2023)

The lot area for each permitted use in the R-3 district shall be as follows:

(1)

A minimum of 7,500 square feet for single-family dwellings served by public water and sewer.

(2)

A minimum of 10,000 square feet for two-family dwellings served by public water and sewer.

(3)

A minimum of 15,000 square feet for multifamily dwellings served by public water and sewer.

(4)

A minimum of 10,000 square feet for all other permitted uses served by public water and sewer.

(Ord. No. 2023-05, § 3, 7-11-2023)

Structures in the R-3 district shall be located 25 feet or more from any street right-of-way. This shall be known as the "setback line."

(Ord. No. 2023-05, § 3, 7-11-2023)

The minimum lot width at the setback line shall be 70 feet for single-family dwellings and 80 feet for all other permitted uses on lots served by public water and sewer.

(Ord. No. 2023-05, § 3, 7-11-2023)

(a)

Side. The minimum side yard for each main structure in the R-3 district shall be ten feet, and the total width of the two required side yards shall be 25 feet or more.

(b)

Rear. Each main structure in the R-3 district shall have a rear yard of 25 feet or more.

(Ord. No. 2023-05, § 3, 7-11-2023)

Buildings in the R-3 district may be erected up to 35 feet in height from grade, except that:

(1)

The height limit for dwellings may be increased up to ten feet and up to three stories, provided there are two side yards for each permitted use, each of which is ten feet or more plus one foot or more of side yard for each additional foot of building height over 35 feet.

(2)

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

(3)

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

(4)

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

(Ord. No. 2023-05, § 3, 7-11-2023)

The primary purpose of the B-1 limited business district is to establish and protect a business district that will serve the surrounding residential districts. Traffic and parking congestion in the B-1 limited business district is to be held to a minimum to protect and preserve property values in the surrounding residential districts, and insofar as possible all neighborhood business development shall take place in a limited business district. The minimum area of such the B-1 limited business district shall be one block and only include such activities as are necessary for the day-to-day operation of a normal household. In most instances the B-1 limited business district is not located on major traffic arteries.

(Code 1997, § 66-511)

(a)

Permitted uses. In the B-1 district, structures to be erected or land to be used shall be for one or more of the following permitted uses:

(1)

Appliance stores.

(2)

Bake shops and neighborhood grocery stores.

(3)

Barbershops, beauty parlors and other similar personal service shops.

(4)

Branch banks and professional office buildings.

(5)

Day care center.

(6)

Drugstores, gift and antique shops.

(7)

Dwelling unit (one) appurtenant to and contained within a business primarily intended for the use of the individual who is responsible for the operation or protection of the business.

(8)

Identification, directional, home occupation and business signs.

(9)

Pawnbrokers, precious metal dealer.

(10)

Pickup laundry and dry cleaning stations, and coin-operated laundries.

(11)

Professional buildings and branch banks.

(12)

Taxi stands.

(13)

Utilities and public services as follows:

a.

Poles, overhead and underground lines, distribution transformers, meters, street lighting and related appurtenances necessary for the transmission and distribution of electric and telecommunication services, with the exception of telecommunication towers.

b.

Telecommunication towers and antennas used exclusively by public or private schools or educational institutions for the receipt and transmission of data solely for educational purposes shall be permitted by right subject to compliance with the provisions of article X of this chapter.

c.

Underground pipes and lines, manholes, pumping and booster stations, meters and related appurtenances necessary for the transmission and distribution of potable water, wastewater collection, and natural gas transmission and distribution.

d.

Solid waste disposal convenience station operated by the county after a public hearing shall have been held by the board of supervisors.

(b)

Accessory uses and structures. The following accessory uses and structures are permitted in the B-1 district:

Off-street parking as an accessory use to a permitted use under this section, in accordance with the provisions of section 66-1041.

(Code 1997, § 66-512; Ord. No. 99-4, § 1(66-512), 6-8-1999; Ord. No. 2000-01, § 1(66-512), 4-11-2000; Ord. No. 2018-001, 2-13-2018; Ord. No. 2018-004, § 3, 4-10-2018)

In the B-1 district, the following uses or structures may be permitted only if approved for the issuance of a special exception as provided in this chapter:

(1)

Abortion clinic subject to distance requirements and standards as provided in this division.

(2)

Electrical power substations and telecommunication switching facilities.

(3)

Fire department offices and facilities, emergency medical rescue squad offices and facilities, law enforcement offices and facilities and other governmental offices and facilities.

(4)

Off-site uses related to airport safety as defined in section 66-610.

(5)

Water and wastewater treatment plants.

(Code 1997, § 66-512; Ord. No. 99-4, § 1(66-512), 6-8-1999; Ord. No. 2000-01, § 1(66-512), 4-11-2000; Ord. No. 2023-01, § 3, 2-14-2023)

The lot area for each permitted use in the B-1 district shall be as follows:

(1)

A minimum of one acre with no public water or sewer.

(2)

A minimum of 30,000 square feet with public water.

(3)

A minimum of 15,000 square feet with public sewer and water.

(Code 1997, § 66-513)

Structures in the B-1 district shall be located 35 feet or more from any street right-of-way which is 50 feet or greater in width or 60 feet or more from the centerline of any street right-of-way less than 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."

(Code 1997, § 66-514)

For permitted uses in the B-1 district, the minimum side yard adjoining or adjacent to a residential or agricultural district shall be ten feet, and off-street parking shall be in accordance with the provisions contained in section section 66-1041.

(Code 1997, § 66-515)

Structures in the B-1 district may be erected up to 35 feet in height from grade; except that:

(1)

The height limit for structures may be increased up to 45 feet and up to three stories, provided there are two side yards for each permitted use, each of which is ten feet or more, plus one foot or more of side yard for each additional foot of building height over 35 feet.

(2)

Cupolas, monuments, water towers, chimneys, flues, flagpoles, television antennas and radio aerials are exempt. Parapet walls may be up to four feet above the height of the building on which the walls rest.

(3)

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

(Code 1997, § 66-516)

(a)

No abortion clinic may be established within 1,500 feet of any other abortion clinic.

(b)

No abortion clinic may be established within 1,500 feet of the following zoned districts:

(1)

Agricultural, limited (A-1);

(2)

Agricultural, general (A-2);

(3)

Konnarock district;

(4)

Industrial, limited (M-1);

(5)

Industrial, general (M-2);

(6)

Planned unit development, limited, district (P-1)

(7)

Residential, limited, district (R-1);

(8)

Residential, general, district (R-2);

(9)

Residential, manufactured home district (MHR);

(10)

Shoreland recreational district;

(11)

Village district.

(c)

No abortion clinic may be established within 1,500 feet of any church or other place of worship, public library, public or private school, educational institution, governmental facility, public park, playground, playfield, tourist home, child day care center, hotel, or motel.

(d)

The establishment of any abortion clinic as referred to herein shall include the opening of such business as a new business, the relocation of such business, the enlargement of such business in either scope or area, or the conversion, in whole or in part, of an existing business to abortion clinic.

(Ord. No. 2023-01, § 3, 2-14-2023)

State Law reference— Code of Virginia, § 15.2-2283, harmonious community.

Generally the B-2 general business district covers that portion of the community intended for the conduct of governmental, professional and general commercial (predominately retail) business to which the public requires direct and frequent access, but which is not generally characterized either by constant heavy trucking other than stocking and delivery of light retail goods or by any nuisance factors other than occasioned by incidental light and noise or congregation of people and passenger vehicles. Other uses of a predominately nonretail commercial character or those which may significantly contribute to nuisance factors may be permitted in the B-2 general business district by special exception on a case-by-case basis after evaluation of the relative impact of such uses or activities on the surrounding area and establishing mitigating conditions for such uses where deemed necessary.

(Code 1997, § 66-541; Ord. No. 98-8, § 1(66-541), 7-27-1998)

(a)

Permitted uses. In the B-2 general business district, structures to be erected or land to be used shall be for one or more of the following permitted uses:

(1)

A single dwelling unit appurtenant to and contained within a business, primarily intended for the use of the individual who is responsible for the operation or protection of the business. No such dwelling unit shall be permitted appurtenant to and contained within any use subject to special exception unless specifically provided for within the permit.

(2)

Accounting, auditing and bookkeeping services.

(3)

Advertising agencies.

(4)

Apparel and accessory stores.

(5)

Art dealers and galleries.

(6)

Auctioneering services.

(7)

Audio and video sales, services and rental stores.

(8)

Automobile and motorcycle sales and service.

(9)

Automotive repair garages and automotive fuel service stations, with or without convenience stores.

(10)

Bail bonding.

(11)

Bakeries and baked-goods shops.

(12)

Banks and savings and loan associations, and establishments performing functions closely related to banking, including, but not limited to, credit unions, finance companies and security brokers.

(13)

Beauty shops and barbershops.

(14)

Blueprinting and photocopying services.

(15)

Boat, watercraft and recreational vehicle and trailer sales and services.

(16)

Bookstores.

(17)

Building and construction contractor's office.

(18)

Business office supply stores.

(19)

Camera and photographic supply stores.

(20)

Churches.

(21)

Cigar and tobacco stores.

(22)

Civic, social and fraternal organizations.

(23)

Cleaning and maintenance services to dwellings and other buildings, including, but not limited to, janitorial services and general repair work.

(24)

Clothing and costume rental stores.

(25)

Coin shops.

(26)

Computer and data processing services.

(27)

Dance studios and schools.

(28)

Day care centers.

(29)

Drafting service.

(30)

Drugstores and pharmacies.

(31)

Electrical repair shops.

(32)

Employment agencies.

(33)

Engineering, architectural and surveying services.

(34)

Equipment sales, rental, repair and services.

(35)

Farm equipment sales, rental, repair and services, including motorized farm vehicles and implements.

(36)

Florist, including commercial greenhouses.

(37)

Funeral homes.

(38)

Furniture, home furnishings and household appliance stores.

(39)

General merchandise stores, including, but not limited to, department and variety stores, grocery and food stores.

(40)

Gift, novelty and souvenir shops.

(41)

Government owned and operated establishments, including, but not limited to, executive, legislative and general government offices.

(42)

Health clubs and spas.

(43)

Hobby, craft, toy and game shops.

(44)

Hotels, motels, and tourist camps, including restaurants and recreational facilities, with less than 200 guest rooms, or on-site meeting rooms or conference facilities that house aggregate seating of less than 500 people.

(45)

Industrial mobile office units.

(46)

Insurance agencies.

(47)

Interior decorating services.

(48)

Jewelry stores.

(49)

Laundry, dry cleaning and garment services.

(50)

Law offices.

(51)

Lawn and garden supply stores.

(52)

Legal services.

(53)

Libraries.

(54)

Liquefied petroleum, bottled gas or other fuel oil sales and service with on-site storage of less than 50,000 gallons.

(55)

Management, consulting and public relations services.

(56)

Manufactured housing sales and service, including use of a manufactured home for an on-site sales office for the sales and service business and subject to the provisions of article XI, division 2, of this chapter.

(57)

Museums.

(58)

News dealers and newsstands.

(59)

Nursing and personal care facilities without on-site residency.

(60)

Offices of physicians, dentists and other health practitioners.

(61)

Optical goods stores.

(62)

Pawnbroker, precious metals dealer.

(63)

Pet shops, which may include sale of pet supplies and related services such as grooming and training.

(64)

Photofinishing laboratories.

(65)

Photographic studios.

(66)

Plumbing and electrical supply, with exterior storage under cover.

(67)

Professional membership organizations.

(68)

Public parking lot in accordance with the requirements of 66-1042.

(69)

Publicly owned schools, colleges, junior colleges, universities, technical institutes, and vocational schools.

(70)

Real estate agencies.

(71)

Restaurants and other eating establishments.

(72)

Sewing, needlework and piece goods stores.

(73)

Shoe repair shops.

(74)

Sign painting and lettering shops, with exterior storage under cover.

(75)

Signs, identification, and business.

(76)

Social services, including, but not limited to, adoption, counseling, welfare and senior citizen services.

(77)

Sporting goods stores and bicycle shops.

(78)

Tax return preparation service.

(79)

Taxi stands.

(80)

Upholstery and furniture repair.

(81)

Used merchandise and antique stores.

(82)

Uses enumerated in subsection (a) of this section to be located in neighborhood or community shopping centers shall be subject to the provisions of article VI of this chapter.

(83)

Utilities and public services as follows:

a.

Poles, overhead and underground lines, distribution transformers, meters, street lighting and related appurtenances necessary for the transmission and distribution of electric and telecommunication service, with the exception of telecommunication towers.

b.

Telecommunication towers and antennas used exclusively by public or private schools or educational institutions for the receipt and transmission of data solely for educational purposes shall be permitted by right subject to compliance with the provisions of article X of this chapter.

c.

Underground pipes and lines, manholes, pumping and booster stations, meters and related appurtenances necessary for the transmission and distribution of potable water, wastewater collection, and natural gas transmission and distribution.

d.

Solid waste disposal convenience station operated by the county after a public hearing shall have been held by the board of supervisors.

(84)

Watch, clock and jewelry repair.

(b)

Accessory uses and structures. The following accessory uses and structures are permitted in the B-2 district:

Off-street parking as an accessory use to a permitted use under this section, in accordance with the provisions of section 66-1041.

(Code 1997, § 66-542; Ord. No. 98-7, § 1(66-542), 7-27-1998; Ord. No. 98-8, § 1(66-542), 7-27-1998; Ord. No. 2000-01, § 1(66-542), 4-11-2000; Ord. No. 2000-3, § 1(66-572), 9-26-2000; Ord. No. 2008-04, § 1, 4-8-2008; Ord. No. 2014-003, § 4, 4-8-2014; Ord. No. 2018-001, § 3, 2-13-2018; Ord. No. 2018-004, § 3, 4-10-2018)

In the B-2 district, the following uses or structures may be permitted only if approved for the issuance of a special exception as provided in this chapter:

(1)

Abortion clinic subject to distance requirements and standards as provided in this division.

(2)

Animal assisted therapy subject to requirements established by definition.

(3)

Auditorium.

(4)

Electrical power substations, electrical power transmission towers, telecommunication switching facilities and telecommunication towers and antennas.

(5)

Fire department offices and facilities, emergency medical rescue squad offices and facilities, and law enforcement offices and facilities.

(6)

Golf courses.

(7)

Hotels, motels, tourist courts, and bed-and-breakfast establishments, including restaurants and recreational facilities incidental thereto, with 200 or more guest rooms or with on-site meeting rooms or conference facilities, which in the aggregate seat 500 or more persons.

(8)

Indoor movie theaters; drive-in theaters.

(9)

Kennel, which may include sale of pet supplies and related services such as grooming, training, and veterinarian services.

(10)

Lumber and brick yards and building materials and equipment sales, rental, repair and services.

(11)

Manufactured homes for use by a security guard on a business and subject to the provisions of article XI of this chapter.

(12)

Multiple-family dwelling units, such as apartments, townhouses, and condominiums and subject to other provisions of this chapter. Public water and sewer are required where ten or more dwelling units are proposed.

(13)

Nursing and personal care facilities with any on-site residency, single- or multiple-family dwelling units. Public water and sewer required where ten or more dwelling units are proposed.

(14)

Off-site uses related to airport safety as defined in section 66-610.

(15)

On-site material and equipment storage.

(16)

On-site storage above or below ground of 50,000 gallons or more liquefied petroleum or other fuel oil.

(17)

Pet grooming service.

(18)

Privately owned schools, colleges, junior colleges, universities, technical institutes and vocational schools.

(19)

Public and private hospitals.

(20)

Public skating rinks, bowling alleys, dance halls, pool halls, night clubs, lounges, video game arcade and similar forms of public amusement.

(21)

Radio and television stations, studios and offices with special exception.

(22)

Recreational facilities, including, but not limited to tennis and basketball courts, baseball and softball fields, parks, swimming pools and gymnasiums.

(23)

Substance abuse treatment facilities subject to regulation and licensure pursuant to Code of Virginia, § 37.1-179.1, as amended, subject to the following restrictions as well as conditions or restrictions imposed by the legislative body as part of the special exception permit. No such facility shall be located within one-half mile of any public or private K—12 school, public or private licensed day care center, church, synagogue or other place of worship, residentially zoned district (R-1 and R-2), nor within 1,000 feet of a residential dwelling.

(24)

Tattoo parlors and body piercing establishments.

(25)

Telecommunications-related industries.

(26)

Tobacco warehouses, storage warehouses and bulk petroleum plants.

(27)

Tractor-truck and trailer sales, rental, repair and services.

(28)

Truck stops and truck terminals.

(29)

Veterinary hospital or clinic.

(30)

Water and wastewater treatment plants.

(31)

Wholesale, distribution and processing operations.

(Code 1997, § 66-542; Ord. No. 98-7, § 1(66-542), 7-27-1998; Ord. No. 98-8, § 1(66-542), 7-27-1998; Ord. No. 2000-01, § 1(66-542), 4-11-2000; Ord. No. 2000-3, § 1(66-572), 9-26-2000; Ord. No. 2004-03, § 1, 3-15-2004; Ord. No. 2004-04, § 1, 3-15-2004; Ord. No. 2004-09, § 1, 12-14-2004; Ord. No. 2011-012, § 3, 11-22-2011; Ord. No. 2014-003, § 4, 4-8-2014; Ord. No. 2015-008, § 4, 10-13-2015; Ord. No. 2018-005, § 3, 5-8-2018; Ord. No. 2021-03, § 3, 5-25-2021; Ord. No. 2023-01, § 3, 2-14-2023)

The lot area for each permitted use in the B-2 district shall be as follows:

(1)

A minimum of one acre with no public water or sewer.

(2)

A minimum of 30,000 square feet with public water.

(3)

A minimum of 15,000 square feet with public sewer and water.

(4)

The minimum area for neighborhood or community shopping centers shall be subject to the provisions of article VI of this chapter.

(Code 1997, § 66-543; Ord. No. 98-8, § 1(66-543), 7-27-1998)

Buildings in the B-2 district shall be located ten feet or more from any street right-of-way that is 50 feet or greater in width or 35 feet or more from the centerline of any street right-of-way less than 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."

(Code 1997, § 66-544; Ord. No. 98-8, § 1(66-544), 7-27-1998)

For permitted uses in the B-2 district, the minimum side yard adjoining or adjacent to a residential or agricultural district shall be ten feet, and off-street parking shall be in accordance with the provisions contained in section 66-1041.

(Code 1997, § 66-545; Ord. No. 98-8, § 1(66-545), 7-27-1998)

Buildings in the B-2 district may be erected up to 35 feet in height from grade, except that:

(1)

The height limit for dwellings may be increased up to 45 feet and up to three stories, provided there are two side yards for each permitted use, each of which is ten feet or more, plus one foot or more of side yard for each additional foot of building height over 35 feet.

(2)

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

(3)

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

(4)

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

(Code 1997, § 66-546; Ord. No. 98-8, § 1(66-546), 7-27-1998)

(a)

No abortion clinic may be established within 1,500 feet of any other abortion clinic.

(b)

No abortion clinic may be established within 1,500 feet of the following zoned districts:

(1)

Agricultural, limited (A-1);

(2)

Agricultural, general (A-2);

(3)

Konnarock district;

(4)

Industrial, limited (M-1);

(5)

Industrial, general (M-2);

(6)

Planned unit development, limited, district (P-1);

(7)

Residential, limited, district (R-1);

(8)

Residential, general, district (R-2);

(9)

Residential, manufactured home district (MHR);

(10)

Shoreland recreational district;

(11)

Village district.

(c)

No abortion clinic may be established within 1,500 feet of any church or other place of worship, public library, public or private school, educational institution, governmental facility, public park, playground, playfield, tourist home, child day care center, hotel, or motel.

(d)

The establishment of any abortion clinic as referred to herein shall include the opening of such business as a new business, the relocation of such business, the enlargement of such business in either scope or area, or the conversion, in whole or in part, of an existing business to abortion clinic.

(Ord. No. 2023-01, § 3, 2-14-2023)

State Law reference— Code of Virginia, § 15.2-2283, harmonious community.

The primary purpose of the M-1 limited industrial district is to permit certain industries and businesses that may have an adverse effect in the business districts, which with appropriate restrictions should not detract from adjacent residential uses. The limitations on or provisions relating to height of buildings, horsepower, heating, flammable liquids or explosives, controlling emission of fumes, odors or noise, landscaping, buffering requirements, restrictions on proximity to adjacent uses, and the number of persons employed in the M-1 limited industrial district are imposed to protect and foster adjacent residential desirability.

(Code 1997, § 66-571; Ord. No. 2004-03, § 1, 3-15-2004)

(a)

Permitted uses. In the M-1 district, any structure to be erected or land to be used shall be for one or more of the following permitted uses:

(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.

(3)

Blacksmith shop, welding or machine shop, excluding punch presses exceeding 40-ton rated capacity and drop hammers.

(4)

Boat building.

(5)

Building material sales yards, plumbing supplies storage.

(6)

Cabinets, furniture and upholstery shops.

(7)

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

(8)

Laboratories, pharmaceutical or medical.

(9)

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, paint, paper, plastic, precious or semiprecious metals or stones, rubber, shell, straw, textiles, tobacco, wood, and yarn.

(10)

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.

(11)

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

(12)

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

(13)

Monumental stone works.

(14)

Telecommunications-related industries.

(15)

Truck terminals.

(16)

Utilities and public services as follows:

a.

Poles, overhead and underground lines, distribution transformers, meters, street lighting and related appurtenances necessary for the transmission and distribution of electric and telecommunication services, including electricity generating plants, electrical power substations, electrical power transmission towers, telecommunication switching facilities and telecommunication towers and antennas.

b.

Underground pipes and lines, manholes, pumping and booster stations, meters and related appurtenances necessary for the transmission and distribution of potable water, wastewater collection, and natural gas transmission and distribution.

c.

Solid waste disposal convenience station and/or transfer station operated by the county after a public hearing shall have been held by the board of supervisors.

(17)

Veterinary or dog or cat hospital, kennels.

(18)

Wholesale businesses, storage warehouses.

(b)

Accessory uses and structures. The following accessory uses and structures are permitted in the M-1 district:

(1)

Industrial mobile office units as defined by this chapter as an accessory use structure to an existing main use. No residential use of a manufactured home shall be permitted in the M-1 district. There shall be permitted two industrial mobile office units per individual lot or parcel of record.

(2)

Business signs.

(3)

Off-street parking as an accessory use to a permitted use under this section, in accordance with the provisions of section 66-1041.

(4)

Retail sales with a special exception as an accessory use to a permitted use. The retail sales must be of products produced by or associated with the permitted use.

(Code 1997, § 66-572; Ord. No. 98-7, § 1(66-572), 7-27-1998; Ord. No. 2000-01, § 1(66-572), 4-11-2000; Ord. No. 2000-3, § 1(66-572), 9-26-2000; Ord. No. 2008-04, § 1, 4-8-2008)

In the M-1 district, the following uses or structures may be permitted only if approved for the issuance of a special exception as provided in this chapter:

(1)

Airports.

(2)

Day care center.

(3)

Fire department offices and facilities, emergency medical rescue squad offices and facilities, law enforcement offices and facilities and other governmental offices and facilities.

(4)

Off-site uses related to airport safety as defined in section 66-610.

(5)

Water and wastewater treatment plants.

(6)

Substance abuse treatment facilities subject to regulation and licensure pursuant to § 37.1-179.1 of the 1950 Code of Virginia, as amended, subject to the following restrictions as well as conditions or restrictions imposed by the legislative body as part of the special exception permit. No such facility shall be located within one-half mile of any public or private K-12 school, public or private licensed day care center, church, synagogue or other place of worship, residentially zoned district (R-1 and R-2), nor within 1,000 feet of a residential dwelling.

(Code 1997, § 66-572; Ord. No. 98-7, § 1(66-572), 7-27-1998; Ord. No. 2000-01, § 1(66-572), 4-11-2000; Ord. No. 2000-3, § 1(66-572), 9-26-2000; Ord. No. 2004-03, § 1, 3-15-2004; Ord. No. 2004-09, § 1, 12-14-2004)

(a)

Before a building permit shall be issued or construction commenced on any permitted use in the M-1 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 zoning administrator may refer these plans to the planning commission for recommendation. Modifications of the plans may be required.

(b)

Permitted uses in the M-1 district shall be conducted wholly within a completely enclosed building or within an area enclosed on all sides by a solid masonry wall, a uniformly painted solid board fence or evergreen.

(c)

Landscaping in the M-1 district 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 feet and to within 50 feet from the corner of any intersecting streets.

(d)

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

(e)

There shall be allowed up to three years after December 31, 1971, in which to completely screen, on any side open to view from a public road, the operation or use by a masonry wall, a uniformly painted solid board fence, a galvanized or painted metal fence, or an evergreen hedge six feet in height.

(f)

The zoning administrator shall act on any application received within 20 days after receiving the application. If formal notice in writing is given to the applicant, the time for action may be extended for a 20-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.

(Code 1997, § 66-573)

The lot area for each permitted use in the M-1 district shall be as follows:

(1)

A minimum of one acre with no public water or sewer.

(2)

A minimum of 30,000 square feet with public water.

(3)

A minimum of 15,000 square feet with public sewer and water.

(Code 1997, § 66-574)

Buildings in the M-1 district shall be located ten feet or more from any street right-of-way that is 50 feet or greater in width or 35 feet or more from the centerline of any street right-of-way less than 50 feet in width, except that signs advertising the sale or rent of premises may be erected up to the property line. This shall be known as the "setback line."

(Code 1997, § 66-575)

For permitted uses in the M-1 district, the minimum side yard adjoining or adjacent to a residential or agricultural district shall be ten feet. The side yard of corner lots shall be 20 feet or more. Off-street parking shall be in accordance with the provisions contained in section 66-1041.

(Code 1997, § 66-576)

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

(Code 1997, § 66-577)

Buildings or groups of buildings with their accessory buildings in the M-1 district may cover up to 70 percent of the area of the lot.

(Code 1997, § 66-578)

The primary purpose of the M-2 general industrial district is to establish an area where the principal use of land is for heavy commercial and industrial operations, which may create some nuisance and businesses that may have an adverse effect in the business districts, and which are not properly associated with, nor particularly compatible with, residential, institutional and neighborhood commercial service establishments. The specific intent of the M-2 district is to:

(1)

Encourage the construction of and the continued use of the land for heavy commercial and industrial purposes and businesses that may have an adverse effect in the business districts.

(2)

Prohibit residential and neighborhood commercial use of the land and prohibit any other use which would substantially interfere with the development, continuation and expansion of commercial and industrial uses in the district.

(3)

Encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this chapter.

(Code 1997, § 66-601; Ord. No. 2004-03, § 1, 3-15-2004)

(a)

Permitted uses. In the M-2 district, buildings to be erected or land to be used shall be for one or more of the following permitted uses:

(1)

Any use permitted and as regulated in the M-1 district.

(2)

Boiler shops.

(3)

Conservation areas and game preserves.

(4)

Meat, poultry and fish processing.

(5)

Sawmills and planing mills.

(6)

Truck terminals.

(7)

Utilities and public services as follows:

a.

Poles, overhead and underground lines, distribution transformers, meters, street lighting and related appurtenances necessary for the transmission and distribution of electric and telecommunication services including electricity generating plants, electrical power substations, electrical power transmission towers, telecommunication switching facilities and telecommunication towers and antennas.

b.

Underground pipes and lines, manholes, pumping and booster stations, meters and related appurtenances necessary for the transmission and distribution of potable water, wastewater collection, and natural gas transmission and distribution.

c.

Solid waste disposal convenience station operated by the county after a public hearing shall have been held by the board of supervisors.

(8)

Wood preserving operations.

(b)

Accessory uses and structures. The following accessory uses and structures are permitted in the M-2 district:

(1)

Business signs.

(2)

Off-street parking as an accessory use to a permitted use under this section, in accordance with the provisions of section 66-1041.

(Code 1997, § 66-602; Ord. No. 98-7, § 1(66-602), 7-27-1998; Ord. No. 99-4, § 1(66-602), 6-8-1999; Ord. No. 2000-01, § 1(66-602), 4-11-2000; Ord. No. 2008-04, § 1, 4-8-2008)

In the M-2 district, the following uses or structures may be permitted only if approved for the issuance of a special exception as provided in this chapter:

(1)

Asphalt mixing plant.

(2)

Auto salvage yards.

(3)

Cement, lime, gypsum manufacture.

(4)

Crushed stone operations, including quarrying in association with such operations.

(5)

Day care center.

(6)

Fertilizer mixing and distribution.

(7)

Fire department offices and facilities, emergency medical rescue squad offices and facilities, law enforcement offices and facilities and other governmental offices and facilities.

(8)

General manufacturing.

(9)

Off-site uses related to airport safety as defined in section 66-610.

(10)

Research and testing laboratories.

(11)

Retail sales with a special exception as an accessory use to a permitted use. The retail sales must be of products produced by or associated with the permitted use.

(12)

Sand and gravel operations, including quarrying in association with such operations.

(13)

Water and wastewater treatment plants.

(Code 1997, § 66-602; Ord. No. 98-7, § 1(66-602), 7-27-1998; Ord. No. 99-4, § 1(66-602), 6-8-1999; Ord. No. 2000-01, § 1(66-602), 4-11-2000; Ord. No. 2006-04, § 1, 3-14-2006)

(a)

Before a building permit shall be issued or construction commenced on any permitted uses in the M-2 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. Modification of the plans may be required.

(b)

Permitted uses in the M-2 district shall be conducted wholly within a completely enclosed building or within an area enclosed on all sides by a solid masonry wall, a uniformly painted solid board fence, or an evergreen hedge six 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.

(c)

Landscaping in the M-2 district 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 feet, and to within 50 feet from the corner of any intersecting streets.

(d)

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

(e)

Automobile graveyards and junkyards in existence on December 31, 1971, in the M-2 district are to be considered as nonconforming uses. Automobile graveyards and junkyards shall be allowed up to three years from December 31, 1971, in which to completely screen, on any side open to view from a public road, the operation or use by a masonry wall, a uniformly painted solid board fence, or an evergreen hedge six feet in height.

(f)

The administrator shall act on any application received within 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-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.

(Code 1997, § 66-603)

The lot area for each permitted use in the M-2 district shall be as follows:

(1)

A minimum of one acre with no public water or sewer.

(2)

A minimum of 30,000 square feet with public water.

(3)

A minimum of 15,000 square feet with public sewer and water.

(Code 1997, § 66-604)

Buildings in the M-2 district shall be located ten feet or more from any street right-of-way that is 50 feet or greater in width or 35 feet or more from the centerline of any street right-of-way less than 50 feet in width, except that signs advertising the sale or rent of premises may be erected up to the property line. This shall be known as the "setback line."

(Code 1997, § 66-605)

For permitted uses in the M-2 district, the minimum side yard adjoining or adjacent to a residential or agricultural district shall be ten feet. The side yard of corner lots in the M-2 district shall be 20 feet or more. Off-street parking in the M-2 district shall be in accordance with the provisions contained in section 66-1041.

(Code 1997, § 66-606)

For buildings over 35 feet in height in the M-2 district, approval shall be obtained from the administrator. Chimneys, flues, cooling towers, flagpoles, 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 feet above the limited height of the building on which the walls rest.

(Code 1997, § 66-607)

Buildings or groups of buildings with their accessory buildings in the M-2 district may cover up to 70 percent of the area of the lot.

(Code 1997, § 66-608)

The purpose of the FH flood hazard district is to prevent the loss of life and property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, the impairment of the tax base, and the loss of recognizable ecological values, by:

(1)

Regulating uses, activities and developments that, acting along or in combination with other existing or future uses, activities and developments, will cause unacceptable increases in flood heights, velocities, and frequencies.

(2)

Restricting or prohibiting certain uses, activities and development from locating within areas subject to flooding.

(3)

Requiring all those uses, activities and developments that do occur in floodprone areas to be protected and/or floodproofed against flooding and flood damage.

(4)

Protecting individuals from buying lands and structures that are unsuited for intended purposes because of flood hazards.

(Ord. No. 2010-004, § 4, 9-14-2010; Ord. No. 2010-007, 11-9-2010)

State Law reference— Authority to regulate flood plains, Code of Virginia, § 15.2-2280.

The provisions of this division shall apply to all lands within the jurisdiction of the county and identified as being floodprone as stipulated in this division.

(Ord. No. 2010-004, § 4, 9-14-2010; Ord. No. 2010-007, 11-9-2010)

No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged or structurally altered except in full compliance with the terms and provisions of this division and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this division.

(Ord. No. 2010-004, § 4, 9-14-2010; Ord. No. 2010-007, 11-9-2010)

This division supersedes any ordinance currently in effect in flood-prone districts. Any ordinance, however, shall remain in full force and effect to the extent that its provisions are more restrictive.

(Ord. No. 2010-004, § 4, 9-14-2010; Ord. No. 2010-007, 11-9-2010)

If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance shall be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this ordinance. The remaining portions shall remain in full force and effect; and for this purpose, the provisions of this ordinance are hereby declared to be severable.

(Ord. No. 2010-004, § 4, 9-14-2010; Ord. No. 2010-007, 11-9-2010)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Administrator means the floodplain administrator and the zoning administrator of the county.

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year.

Base flood elevation means the Federal Emergency Management Agency (FEMA) designated 100-year water surface elevation or one percent annual chance flood. The water surface elevation of the base flood in relation to the datum specified on the flood insurance rate map, which is incorporated into the geographic information system (GIS) by the county.

Basement means any area of the building having its floor sub-grade (below ground-level) on all sides. In the event the Virginia Uniform Statewide Building Code provides a more stringent definition of "basement" the Virginia Uniform Statewide Building Code definition shall control.

Code of Federal Regulations or CFR means the United States Code of Federal Regulations, as amended.

Development means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of manufactured homes, mining, dredging, filling, grading, paving, excavating, or drilling operations, or storage of equipment or materials.

Digital flood insurance rate map or DFIRM means flood insurance rate map or FIRM as herein defined.

Encroachment means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of the floodplain.

Federal Emergency Management Agency or FEMA means the agency of the federal government by that name.

Fill means the placing, storing or dumping of any material, such as (by way of illustration but not of limitation) earth, clay, sand, concrete, rubble or waste of any kind, upon the surface of the ground that results in increasing the natural ground surface elevation.

Flood means a general and temporary condition of partial or complete inundation of normally dry land areas from:

1.

The overflow of inland or tidal waters.

2.

The unusual and rapid accumulation or runoff of surface waters from any source.

3.

Mudslides (i.e., mudflows) which are proximately caused or precipitated by accumulations of water on or under the ground.

Normally, a "flood" is considered as any temporary rise in stream flow or stage that results in significant adverse effects in the vicinity. Adverse effects may include damages from overflow of land areas, temporary backwater effects in sewer and local drainage channels, creation of unsanitary conditions or other unfavorable situations by deposition of materials in stream channels during flood recessions, rise of groundwater coincident with increased stream flow, and other problems.

Flood hazard district means the land located within the 100-year floodplain that includes the floodway, floodway fringe, and approximate floodplain.

Flood insurance rate map or FIRM means the official map of a community on which the Federal Insurance Administrator with the Federal Emergency Management Agency has delineated both the special hazard areas and the risk premium zones applicable to the community. The FIRM applicable to the county shall be designated on the GIS map. In the event the GIS conflicts with the FIRM panel maintained by FEMA, the FEMA FIRM panel shall control.

Flood insurance study or FIS means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudflow and/or flood-related erosion hazards.

Floodplain means a relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation and to the unusual and rapid accumulation of runoff of surface waters from any source.

Floodplain management is a term applied to the full range of public policy and action for ensuring wise use of the floodplains. It includes everything from collection and dissemination of flood control information to actual acquisition of floodplain lands, including the enactment and administration of floodplain regulations, including building codes and the building of flood-modifying structures.

Floodprone area means any land area susceptible to being inundated by water from any source.

Floodproofing means any combination of structural and nonstructural additions, changes or adjustments to properties and structures that reduce or eliminate flood damage to lands, water and sanitary facilities, structures and contents of buildings. In the event the Virginia Uniform Statewide Building Code provides for a more stringent definition of "floodproofing" the Virginia Uniform Statewide Building Code definition shall control.

Floodway means the designated area of the 100-year floodplain required to carry and discharge floodwaters of a given magnitude.

Floodway fringe means the remaining portions of the 100-year floodplain adjacent to the floodway.

Freeboard means one foot above base flood elevation.

Historic structure means any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the federal Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3)

Individually listed on a state inventory of historic places in states with historic preservation programs that have been approved by the Secretary of the Interior; or

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

[i)]

By an approved state program as determined by the Secretary of the Interior; or,

[ii)]

Directly by the Secretary of the Interior in states without approved programs.

Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 CFR §60.3.

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days.

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

New construction means for the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after March 16, 1988, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after March 8, 1988, and includes any subsequent improvements to such structures.

One-hundred year flood or 100-year flood means the flood level that is estimated to have a one percent chance of occurring each year. It does not imply that no greater flood is likely to occur, nor that such a flood will not happen more often than once every 100 years.

Recreational vehicle means a vehicle that is:

(1)

Built on a single chassis;

(2)

Four hundred square feet or less when measured at the largest horizontal projection;

(3)

Designed to be self-propelled or permanently towable by a light duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use.

Shallow flooding area means a special flood hazard area with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Special flood hazard area means the land in the floodplain subject to a one percent or greater chance of being flooded in any given year as determined in section 66-549.

Start of construction, for other than new construction and substantial improvement, means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement or other improvement was within 180 days of the permit date.

Structure means, for flood plain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term "substantial improvement" does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to ensure safe living conditions, or any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

Violation means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Title 44 of the Code of Federal Regulations, Secs. 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.

Watercourse means a lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

(Ord. No. 2010-004, § 4, 9-14-2010; Ord. No. 2010-007, 11-9-2010)

State Law reference— Definitions generally, § 1-2.

(a)

Basis of districts. The various flood hazard districts shall include areas subject to inundation by waters of the 100-year flood. The basis for the delineation of these districts shall be the digital flood insurance rate map (DFIRM) and the flood insurance study (FIS) for Washington County prepared by the Federal Emergency Management Agency, effective September 29, 2010, as amended

(1)

The floodway district is delineated for purposes of this article using the criteria that a certain area within the floodplain must be capable of carrying the water of the 100-year flood without increasing the water surface elevation of that flood more than one foot at any point. These areas included in this district are specifically defined in the above-referenced flood insurance study and shown on the accompanying flood insurance rate map. "Floodway" shall be that area identified as "Floodway" in Table 2 in the FIS (flood insurance study) prepared by the Federal Emergency Management Agency (FEMA). The term shall also include floodway areas which have been identified in other available studies or sources of information for those floodplain areas where no floodway has been identified in the FIS prepared by the Federal Emergency Management Agency.

(2)

The flood fringe district shall be that area of the 100-year floodplain not included in the floodway district. The basis for the outermost boundary of this district shall be the 100-year flood elevations contained in the flood profiles of the flood insurance study referenced in subsection (1) of this section and as shown on the accompanying flood insurance rate map.

(3)

The "approximated floodplain area" shall be that floodplain area for which no detailed flood elevations or floodway information is provided. Such areas are shown as zone A on the maps accompanying the flood insurance study prepared by the Federal Emergency Management Agency. For these areas, elevation and floodway information from other federal, state or other acceptable source shall be used when available.

(b)

Overlay concept.

(1)

The flood hazard districts described above shall be overlays to the existing underlying zoning districts as shown on the official zoning ordinance map; and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions.

(2)

Where there happens to be any conflict between the provisions or requirements of any of the flood hazard districts and those of any underlying district, the more restrictive provisions of either shall apply.

(3)

If any provision concerning a flood hazard district is declared inapplicable as a result of any legislative or administrative action or judicial discretion, the underlying district provisions shall remain applicable.

(c)

Official zoning map. The boundaries of the flood hazard districts are established as shown on the flood insurance rate map which is declared to be a part of this article and which shall be kept on file by the county.

(d)

District boundary changes. The delineation of any of the flood hazard districts may be revised by the board of supervisors where natural or manmade changes have occurred and/or more detailed studies conducted or undertaken by the U.S. Army Corps of Engineers, the Tennessee Valley Authority, or other qualified agency or where an individual documents the need or possibility for such change. However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency.

(e)

Interpretation of district boundaries. Initial interpretations of the boundaries of the flood hazard district shall be made by the administrator or his designee. Should a dispute arise concerning the boundaries of any of the districts, the board of zoning appeals shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the board and to submit his own technical evidence if he so desires.

(Ord. No. 2010-004, § 4, 9-14-2010; Ord. No. 2010-007, 11-9-2010)

Base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the data such information becomes available, the administrator shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data. Such a submission is necessary so that, upon confirmation of those physical changes affecting flooding conditions, risk premium rates and flood plain management requirements will be based upon current data.

(Ord. No. 2010-004, § 4, 9-14-2010; Ord. No. 2010-007, 11-9-2010)

(a)

Generally. All uses, activities and development occurring within any flood hazard district shall be undertaken only upon the issuance of a zoning permit. Such development shall be undertaken only in strict compliance with the provisions of this article and with all other applicable codes and ordinances, such as the Virginia Uniform Statewide Building Code referenced in section 14-1 and the county subdivision regulations of chapter 52. Prior to the issuance of any such permit, the administrator shall require all applications to include compliance with all applicable state and federal laws. Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channel or floodways of any watercourse, drainage ditch, or any other drainage facility or system. Prior to any proposed alteration or relocation of any channels or of any watercourse, stream, etc., within this jurisdiction a permit shall be obtained from the U. S. Corps of Engineers, the Virginia Department of Environmental Quality, and the Virginia Marine Resources Commission (a joint permit application is available from any of these organizations). Furthermore, in riverine areas, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management), and the Federal Insurance Administrator.

(b)

Application. All applications for development in the floodplain district and all building permits issued for the floodplain shall incorporate the following information:

(1)

For structures that have been elevated, the elevation of the lowest floor, including basement.

(2)

For structures that have been floodproofed (nonresidential only), the elevation to which the structure has been floodproofed.

(3)

The elevation of the 100-year flood.

(4)

Topographic information showing existing and proposed ground elevations at two-foot contour intervals or less, using best available data.

(Ord. No. 2010-004, § 4, 9-14-2010; Ord. No. 2010-007, 11-9-2010)

The following uses shall be permitted in the floodway district, provided that they are in compliance with the provisions of the underlying district:

(1)

Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, and farming, and wild-crop harvesting.

(2)

Public and private recreational uses and activities, such as parks, day camps, picnic grounds, golf courses, swimming areas, hiking and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, and fishing areas.

(3)

Open accessory residential uses, such as yard areas, gardens, play areas and previous loading areas, but not storage or other structures.

(4)

No development shall be permitted which increases flood heights and produces hazardous velocities. The effect of such development on flood heights must be offset by accompanying improvements which have been approved by all federal, state and local authorities. This section is not intended to prevent property owners from installing fencing that has an insignificant effect on flood heights.

(Ord. No. 2010-004, § 4, 9-14-2010; Ord. No. 2010-007, 11-9-2010)

The following uses may be permitted in the floodway district as a special exception as provided in this chapter, provided that they are in compliance with the provisions of the underlying district:

(1)

Structures, except for manufactured homes, accessory to the uses and activities in subsection 66-551(a).

(2)

Utilities and public services.

(3)

Temporary uses, such as circuses, carnivals and similar activities.

(4)

Other similar uses and activities, provided that they cause no increase in flood heights and/or velocities. All uses, activities and developments shall be undertaken in strict compliance with the floodproofing provisions contained in this division and all other applicable codes and ordinances.

(Ord. No. 2010-004, § 4, 9-14-2010; Ord. No. 2010-007, 11-9-2010)

No use, structure, fill, deposit, obstruction and/or storage of materials or equipment will be permitted in the flood hazard district that, acting along or in combination with existing or future uses, will result in affecting the capacity of the floodway or unduly increasing flood limits. Such limits will be those established by the Federal Emergency Management Agency and the Virginia Uniform Statewide Building Code.

(Ord. No. 2010-004, § 4, 9-14-2010; Ord. No. 2010-007, 11-9-2010)

The placement of any manufactured home within the Flood Hazard district is specifically prohibited.

(Ord. No. 2010-004, § 4, 9-14-2010; Ord. No. 2010-007, 11-9-2010)

In floodway fringe and approximated floodplain districts, the development and/or use of land shall be permitted in accordance with the regulations of underlying district provided that all such uses, activities and/or development shall be undertaken in strict compliance with the elevation, floodproofing and related provisions contained in the Virginia Uniform Statewide Building Code and all other applicable portions of the county Code and ordinances.

(Ord. No. 2010-004, § 4, 9-14-2010; Ord. No. 2010-007, 11-9-2010)

The administrator shall obtain and maintain records of actions associated with administering this ordinance including but not limited to the lowest floor elevations and floodproofing levels for all new or substantially improved structures within the designated floodplain.

(Ord. No. 2010-004, § 4, 9-14-2010; Ord. No. 2010-007, 11-9-2010)

(a)

Variances shall be issued only upon:

(1)

A showing of good and sufficient cause,

(2)

After the board of zoning appeals has determined that failure to grant the variance would result in exceptional hardship to the applicant, and

(3

After the board of zoning appeals has determined that the granting of such variance will not result in:

a.

Unacceptable or prohibited increases in flood heights,

b.

Additional threats to public safety,

c.

Extraordinary public expense; and will not

d.

Create nuisances,

e.

Cause fraud or victimization of the public, or

f.

Conflict with local laws or ordinances.

(b)

While the granting of variances generally is limited to a lot size less than one-half acre, deviations from that limitation may occur. However, as the lot size increases beyond one-half acre, the technical justification required for issuing a variance increases. Variances may be issued by the board of zoning appeals for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the provisions of this section.

(c)

Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the criteria of this section are met, and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

(d)

In passing upon applications for variances, the board of zoning appeals shall satisfy all relevant factors and procedures specified in other sections of the zoning ordinance and consider the following additional factors. All actions by any agent, commission or board of the county, including rezoning, special exceptions, and amendments to this chapter, shall satisfy all relevant factors and procedures specified in other sections of the zoning ordinance and the following additional factors:

(1)

The danger to life and property due to increased flood heights or velocities which may be caused by encroachments.

(2)

The danger that materials may be swept onto other lands or downstream to the injury of others.

(3)

The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.

(4)

The susceptibility of the proposed facility or use and its contents to flood damage, and the effect of such damage on the individual owner.

(5)

The importance of the services provided by the proposed facility or use to the community.

(6)

The requirements of the facility or use for a waterfront location.

(7)

The availability of alternative locations not subject to flooding for the proposed use.

(8)

The compatibility of the proposed use or structure with existing and anticipated development.

(9)

The relationship of the proposed use to the comprehensive plan and the floodplain management program to a town and surrounding area.

(10)

The safety of access to the property in terms of flood for ordinary and emergency vehicles.

(11)

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected on the site.

(12)

Such other factors which are relevant to the purpose of this article.

(e)

Compliance with state building code. When considering special exceptions and/or variances, the board of supervisors, the planning commission, and the board of zoning appeals will ensure that the granting of the special exception and/or variance will comply with the requirements of the Virginia Uniform Statewide Building Code. In addition, no special use and/or variance within the floodway will be granted if it will cause an increase in the 100-year flood elevation.

(f)

Request for technical assistance. The board of supervisors, planning commission, or board of zoning appeals may refer an application and accompanying documentation pertaining to any request for a special exception or variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for protection and other related matters.

(g)

Issuance of special exceptions and variances. Special exceptions and/or variances shall only be issued after the board of supervisors and board of zoning appeals have determined that the granting of such will not result in unacceptable or prohibited increases in flood heights, additional threats to public safety or extraordinary public expense; create nuisances; cause fraud or victimization of the public; or conflict with local laws or ordinances.

(h)

Minimum relief. Special exceptions and/or variances shall only be issued after the board of zoning appeals has determined that the special exception and/or variance will be the minimum relief to any hardship.

(i)

Notification of increased insurance rates. The board of zoning appeals and board of supervisors, or their designated representatives, shall notify the applicant for a special exception and/or variance, in writing, that the issuance of a special exception and/or variance to construct a structure below the 100-year flood elevation increases risks to life and property and will result in increased premium rates for flood insurance.

(j)

Record of notification. A record of the notification referred to in subsection (f) of this section, as well as all variance actions, including justification for issuance, shall be maintained; and any variance which is issued shall be noted in the annual or biennial report submitted to the Federal Emergency Management Agency.

(Ord. No. 2010-004, § 4, 9-14-2010; Ord. No. 2010-007, 11-9-2010)

A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with this division, may be continued subject to the following conditions:

(1)

Existing structures and/or uses located in the floodway district shall not be expanded or enlarged unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements to the stream. Existing structures in the floodway area shall not be expanded or enlarged unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the existing and proposed expansion would not result in any increase in the base flood elevation.

(2)

Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in any flood plain areas to an extent or amount of less than 50 percent of its market value shall conform to the Virginia Uniform Statewide Building Code.

(3)

The modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use, regardless of its location in a floodplain area to an amount of 50 percent or more of its market value shall be undertaken only in full compliance with this ordinance and shall require the entire structure to conform to the Virginia Uniform Statewide Building Code.

(Ord. No. 2010-004, § 4, 9-14-2010; Ord. No. 210-007, 11-9-2010)

(a)

Consistency with state building code. All subdivision proposals and other new developments in the flood hazard district, including utilities and drainage, shall be located and designed to be consistent with the need to minimize flood damage as stated in the Virginia Uniform Statewide Building Code referenced in section 14-1.

(b)

Site plan criteria. The administrator shall review all proposed building sites to determine that they will be reasonably safe from flooding. The owner or developer of any proposed subdivision and/or other new development in the flood hazard district shall submit a site plan to the administrator that includes the following information:

(1)

All requirements stated heretofore in this article.

(2)

Name of engineer, surveyor or other qualified person responsible for providing the information required in this section.

(3)

A map showing the location of the proposed subdivision and other new development with respect to the county and adjacent town floodprone areas, proposed lots and sites, fills, flood or erosion protection facilities, and areas subject to special deed restriction. In addition, it is required that all subdivision proposals greater than 25 lots or five acres, whichever is the lesser, shall include base flood elevation data.

(4)

Where the subdivision and other new development lies partially or completely in the floodprone areas, the plan map shall include detailed information giving the location and elevation of proposed roads, public utilities, and building sites. All such maps shall also show contours at intervals of two or less feet, depending upon the slope of the land, and shall identify accurately the boundaries of the floodprone areas. Property with slopes less than 20 percent shall show contours at intervals of two feet.

(c)

Design criteria. For additional information required for purposes of flood hazard mitigation in proposed subdivisions or other developments which are within the floodplain districts as delineated, the following additional provisions shall be met:

(1)

All new or replacement sanitary sewer facilities and private package sewage treatment plants, including all pumping stations and collector systems, shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into the floodwaters. In addition, they should be located and constructed to minimize or eliminate flood damage and impairment.

(2)

All new or replacement water facilities shall be designed to minimize or eliminate infiltration of floodwaters into the system and shall be located and constructed to minimize or eliminate flood damages.

(3)

All storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The system shall ensure drainage away from buildings and on-site waste disposal sites. Drainage plans shall be consistent the with facilities' discharge of excess runoff into adjacent properties.

(4)

All utilities such as gas lines, electrical and telephone systems being placed in floodprone areas should be located, elevated, where possible, and constructed to minimize the chance of impairment during a flooding occurrence.

(5)

All electric water heaters, electric furnaces and other critical electrical installations shall be permitted only at elevations at or above the level of the 100-year flood.

(6)

Water supply systems, sanitary sewage systems, and gas and oil supply systems shall be designed to preclude infiltration of floodwaters into the systems and discharges from the systems into floodwaters.

(7)

Adequate drainage shall be provided to minimize exposure to flood heights.

(8)

The preliminary plat requirements shall include a map showing the location of the proposed subdivision and/or land development with respect to any designated flood district, including information on but not limited to, the 100-year flood elevations, boundaries of the floodplain district, proposed lots and sites, fills, flood or erosion protective facilities, and areas subject to special deed restrictions.

(Ord. No. 2010-004, § 4, 9-14-2010; Ord. No. 2010-007, 11-9-2010)

(a)

All new construction and substantial improvements that are located in the flood hazard district shall be designed in accordance with flood protection requirements of the Virginia Uniform Statewide Building Code referenced in section 14-1 of the county Code.

(b)

All new construction and substantial improvements that are located in the flood hazard district shall be constructed in accordance with the following criteria:

(1)

All new construction and substantial improvement shall be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, (ii) be constructed with materials resistant to flood damage, (iii) be constructed by methods and practices that minimize flood damages, and (iv) be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(2)

All residential structures shall have the lowest floor (including basement) elevated to or above the base flood level, unless the community is granted an exception by the Federal Insurance Administrator for the allowance of basements in accordance with 44 CFR 60.6(b) or (c).

(3)

All nonresidential structures shall (i) have the lowest floor (including basement) elevated to or above the base flood level or, (ii) together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

(4)

Where a nonresidential structure is intended to be made watertight below the base flood level, (i) a registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of 44 C.F.R. 60.3(c)(3)(ii) or (c)(8)(ii), and (ii) a record of such certificates which includes the specific elevation (in relation to mean sea level) to which such structures are flood proofed shall be maintained with the official designated by the community under 44 CFR 59.22(a)(9)(iii).

(5)

For all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(6)

Until a regulatory floodway is designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.

(Ord. No. 2010-007, 11-9-2010)

(a)

Any owner or partial owner of real estate or his agent and any real estate broker or his agent who contracts to sell or sells real estate in the flood hazard district without first notifying in writing the buyer or his agent that such real estate is subject to floodplain regulations shall be subject to the penalties set forth in subsection (c) of this section.

(b)

Floodplain regulations referred to in subsection (a) of this section include the requirements of this chapter, subdivision regulations set forth in chapter 52, and building codes set forth in chapter 14 that impose restrictions specifically relating to flooding on the whole or a portion of the lands.

(c)

The penalties for violation of subsection (a) of this section may, at the discretion of the court, include:

(1)

Rescission of the contract at the option of the buyer.

(2)

Payment to the buyer of damages he may have suffered whether the buyer rescinds the contract or not.

(3)

A fine of not more than $1,000.00.

(Ord. No. 2010-004, § 4, 9-14-2010; Ord. No. 2010-007, 11-9-2010)

In addition to the penalty prescribed in section 1-15, all other actions are hereby reserved, including an action in equity for the proper enforcement of this article; the imposition of a fine or penalty for any violation or noncompliance or permitting it to continue; and all such persons shall be required to correct or remedy such violations or noncompliance within a reasonable time. Any structure constructed, reconstructed, enlarged, altered, or relocated in noncompliance with this article may be declared by the board of supervisors to be a public nuisance and abatable as such.

(Ord. No. 2010-004, § 4, 9-14-2010; Ord. No. 2010-007, 11-9-2010)

The granting of a permit or approval of a subdivision or development plan in an identified floodprone area shall not constitute a representation, guarantee or warranty of any kind, by the county or by any official or employee thereof of the practicability or safety of the proposed use, and shall create no liability upon the county, its officials or employees.

(Ord. No. 2010-004, § 4, 9-14-2010; Ord. No. 2010-007, 11-9-2010)

The MHR manufactured home residential district is composed of certain quiet, low- to medium-density residential areas plus certain open areas where similar residential development appears likely to occur. The regulations for the MHR manufactured home residential district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for family life and to discourage all activities of a commercial nature. To these ends, development in the MHR manufactured home residential district is limited to relatively medium concentration, and permitted uses are limited basically to single-family and two-family dwellings, manufactured homes, plus certain additional uses which are complementary to the residential uses.

(Code 1997, § 66-661; Ord. No. 98-7, § 1(66-661), 7-27-1998)

(a)

Permitted uses. In the MHR district, structures to be erected or land to be used shall be for one or more of the following permitted uses:

(1)

Churches and schools.

(2)

Parks and playgrounds.

(3)

Single- and two-family dwellings, including manufactured homes, provided that no manufactured home shall be used for business purposes in the MHR district except for home occupations as defined by this chapter and subject to the provisions of article XI, division 2, of this chapter.

(4)

Utilities and public services as follows:

a.

Poles, overhead and underground lines, distribution transformers, meters, street lighting and related appurtenances necessary for the transmission and distribution of electric and telecommunication services, with the exception of telecommunication towers.

b.

Telecommunication towers and antennas used exclusively by public or private schools or educational institutions for the receipt and transmission of data solely for educational purposes shall be permitted by right subject to compliance with the provisions of article X of this chapter.

c.

Underground pipes and lines, manholes, pumping and booster stations, meters and related appurtenances necessary for the transmission and distribution of potable water, wastewater collection, and natural gas transmission and distribution.

d.

Solid waste disposal convenience station operated by the county after a public hearing shall have been held by the board of supervisors.

(b)

Accessory uses and structures. The following accessory uses and structures are permitted in the MHR district:

(1)

Accessory buildings.

(2)

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

(3)

Church bulletin boards and identification signs.

(4)

Personal agricultural uses such as vegetable or flower gardens, etc., in conjunction with a main use.

(5)

Personal recreational uses, such as swimming pools, tennis courts, etc., as accessory to a main use.

(Code 1997, § 66-662; Ord. No. 98-7, § 1(66-662), 7-27-1998; Ord. No. 99-4, § 1(66-662), 6-8-1999; Ord. No. 2000-01, § 1(66-662), 4-11-2000)

In the MHR district, the following uses or structures may be permitted only if approved for the issuance of a special exception as provided in this chapter:

(1)

Day care center.

(2)

Electrical power substations and telecommunication switching facilities.

(3)

Fire department offices and facilities, emergency medical rescue squad offices and facilities, law enforcement offices and facilities and other governmental offices and facilities.

(4)

Horses and related uses.

(5)

Permanent manufactured home parks with a special exception and subject to the provisions of sections 66-969 through 66-989. No home occupations as defined by this chapter shall be conducted from a manufactured home located in a permanent manufactured home park except for the business office of the operator of the park.

(6)

Water and wastewater treatment plants.

(Code 1997, § 66-662; Ord. No. 98-7, § 1(66-662), 7-27-1998; Ord. No. 99-4, § 1(66-662), 6-8-1999; Ord. No. 2000-01, § 1(66-662), 4-11-2000)

The lot area for each permitted use in the MHR district shall be as follows:

(1)

With public water and public sewer, a minimum of 20,000 square feet.

(2)

With public water only, a minimum of 30,000 square feet.

(3)

With no public water or public sewer, a minimum of one acre.

(Code 1997, § 66-663)

Structures in the MHR district shall be located 35 feet or more from any street right-of-way that is 50 feet or greater in width or 60 feet or more from the centerline of any street right-of-way less than 50 feet in width. This shall be known as the "setback line."

(Code 1997, § 66-664)

The minimum lot width at the setback line in the MHR district shall be 100 feet.

(Code 1997, § 66-665)

(a)

Side. The minimum side yard for each main structure in the MHR district shall be 15 feet, and the total width of the two required side yards shall be 35 feet or more.

(b)

Rear. Each main structure in the MHR district shall have a rear yard of 35 feet or more.

(Code 1997, § 66-666)

Buildings in the MHR district may be erected up to 35 feet in height, except that:

(1)

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

(2)

A public or semipublic building, such as a school or church, may be erected to a height of 60 feet from grade, provided that required front, side and rear yards shall be increased one foot for each foot in height over 35 feet.

(3)

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

(4)

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

(Code 1997, § 66-667)

(a)

Of the two sides of a corner lot in the MHR district, the front shall be deemed to be the shorter of the two sides fronting on streets.

(b)

The side yard on the side facing the side street in the MHR district shall be 35 feet or more for both main and accessory buildings.

(c)

For subdivisions platted after December 31, 1971, each corner lot in the MHR district shall have a minimum width at the setback line of 125 feet.

(d)

No sign, fence, wall, hedge, planting or other obstruction to vision, extending to a height in excess of three feet above the established street grade, shall be erected, planted or maintained in the MHR district within the area of a corner lot that is included between the lines of the intersecting streets and a straight line connecting them at points 20 feet distant from the intersection of the street lines.

(Code 1997, § 66-668)

The airport district is intended for the protection of the utility of the Virginia Highlands airport and the public investment in the facilities located at the airport now and in the future, and to further the economic development of the county through providing necessary air transportation services to the county, to prevent obstructions that have the potential for endangering the lives and property of the users of the airport and the residents of the county, reduce the size of areas available for landing, takeoff and maneuvering of aircraft, or otherwise destroy or impair the utility of the airport. It is declared that in the interest of the public health, safety and general welfare that the creation or establishment of the airport district is of benefit to the county because of the enhanced potential for economic development and interstate commerce derived from the airport facility.

(Code 1997, § 66-691)

(a)

Permitted uses. The following permitted uses shall be permitted by right in the airport district:

(1)

Airports and related aeronautical activities.

(2)

Landing facilities.

(3)

Aircraft sales, service and storage.

(4)

Facilities for refueling.

(5)

Retail services for passenger accommodations.

(6)

Airport terminals.

(7)

Air charter services.

(8)

Flight instruction.

(9)

Car rental services.

(10)

Aeromedical services.

(11)

Aeronautical activities of law enforcement agencies.

(12)

Fire, police and rescue squad stations whose use is accessory to the airport.

(b)

Accessory uses and structures. The following accessory uses and structures are permitted by right in the airport district:

(1)

Any accessory use or structure, not otherwise prohibited, customary and incidental to a permitted use.

(2)

Temporary buildings for uses incidental to construction work to be removed upon completion or abandonment of the construction.

(Code 1997, § 66-692)

All buildings in the airport district shall be erected, altered or constructed no nearer to a street than 50 feet.

(Code 1997, § 66-693)

There shall be no side yard or rear yard requirements; except that no building shall be erected, altered or enlarged nearer than 30 feet to the boundary line of the airport district.

(Code 1997, § 66-694)

Any use related to airport safety to be located outside the airport district, including but not limited to navigation directional installations, weather observation devices and transmission devices, owned, leased and/or operated by or in conjunction with the airport commission, may be permitted by special exception in accordance with district permitted use regulations in this article.

(Code 1997, § 66-695)

Cross reference— Special exceptions, § 66-116 et seq.