A.
Intent of Conservation District C-1. This district covers portions
of the Town which are occupied by various open uses, such as agriculture,
national forests and parks, state-owned forest and parklands, and
local-government-owned lands. This district is established for the
specific purpose of providing recreation and open space uses, conservation
of water and other natural resources, reducing soil erosion, protecting
watersheds, and reducing hazards from flood and fire.
B.
Permitted uses. Within the Conservation District C-1 the following
uses are permitted:
D.
Lot regulations.
(1)
Main building:
(b)
Setback: 25 feet.
(c)
Frontage at setback: 100 feet.
(d)
Side yard:
[1]
One side: 10 feet.
[2]
Two sides: 20 feet.
[3]
Add 15 feet for corner lots.
[4]
Minimum side yard requirement of this chapter, for yards facing
streets, shall not apply to any lot where the average side yard on
developed lots within the same block and zoning district and fronting
on the same street is less than the minimum. In such cases, the side
yard on such lot may be less than the required side yard, but not
less than the average of the existing side yards on the existing developed
lots.
(e)
Rear yard: 25 feet.
(f)
Maximum height: 35 feet.
(2)
Accessory buildings and uses: N/A.
A.
Purpose of the Low-Density Residential District R-1. This 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, and to
promote and encourage a suitable environment for family life. To these
ends, development 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.
B.
Permitted uses. Within the Low-Density Residential District R-1 the
following uses are permitted:
C.
Special exceptions. When, after review of an application and hearing thereon, in accordance with Article VIII herein, the following uses may be permitted by special exception permit:
[Amended 3-25-1991]
(1)
Schools.
(2)
Churches and other places of worship with attendant educational
and recreational facilities. No recreational facility shall be located
closer than 100 feet from any residential lot.
(3)
Public parks, playgrounds, recreational facilities; tennis courts,
public swimming pools and outdoor recreational activities, all of
a noncommercial nature. No swimming pool or structure shall be located
closer than 100 feet from any residential lot.
(4)
Child-care centers and family day-care homes. The main structure
shall not be located closer than 50 feet from any residential lot.
(5)
Bed-and-breakfast facilities, limited.
(6)
Cemeteries.
(8)
Other uses of the same general character as those listed above and deemed appropriate by the Planning Commission and in accordance with Article VIII.
(9)
Short-term rental.
[Added 9-17-2018]
D.
Accessory uses. Where a lot is devoted to a permitted principle use,
customary accessory uses and structures are authorized, including
but not limited to the following:
(1)
Living quarters of persons principally employed on the premises.
(2)
Travel trailers, which may be stored within the minimum yard
requirements and shall be prohibited from occupancy.
(3)
Temporary buildings or office trailers for uses incidental to
construction work, such buildings shall be removed upon completion
or abandonment of the construction work.
(6)
Private parking garage.
(7)
Shelter for house pets.
(8)
Private swimming pool.
(9)
Satellite antenna.
E.
Lot regulations.
(1)
Main building:
(b)
Setback: 30 feet.
(c)
Frontage at setback: 175 feet.
(d)
Side yard:
[1]
One side: 15 feet.
[2]
Two sides: 30 feet.
[3]
Add 15 feet for corner lots.
[4]
Minimum side yard requirement of this chapter, for yards facing
streets, shall not apply to any lot where the average side yard on
developed lots within the same blocks and zoning district and fronting
on the same street is less than the minimum. In such cases, the side
yard on such lot may be less than the required side yard, but not
less than the existing side yards on the developed lots, plus 15 extra
feet for corner lots.
[Amended 11-18-2013]
(e)
Rear yard: 35 feet.
(f)
Maximum height: 35 feet.
[1]
The height limit for dwellings may be increased up to a maximum
of 45 feet and up to three stories, provided that each side yard is
20 feet, 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, or
library, 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, municipal water towers, chimneys,
flues, flagpoles, television antenna 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]
For buildings over 45 feet in height, approval shall be obtained
from the Zoning 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.
(2)
Accessory buildings and uses: 10 feet from main building.
(a)
Side yard: 5 feet.
[1]
Add 15 feet for corner lots.
[2]
Minimum side yard requirement of this chapter, for yards facing
streets, shall not apply to any lot where the average side yard on
developed lots within the same block and zoning district and fronting
on the same street is less than the minimum. In such cases, the side
yard on such lot may be less than the required side yard, but not
less than the average of the existing side yards on the existing developed
lots.
(b)
Rear yard: 5 feet
(c)
Height: 35 feet. Accessory buildings over one story in height
shall be at least 10 feet from any lot line. All accessory buildings
shall not exceed the main building in height.
A.
Purpose of Low-Density Residential District R-2. This 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. To these ends,
development 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.
B.
Permitted uses. Within the Low-Density Residential District R-2 the
following uses are permitted:
C.
Special exceptions. When, after review of an application and hearing thereon, in accordance with Article VIII herein, the following uses may be permitted by special exception permit:
[Amended 3-25-1991]
(1)
Schools.
(2)
Churches and other places of worship with attendant educational
and recreational facilities. No recreational facility shall be located
closer than 100 feet from any residential lot.
(3)
Public parks, playgrounds, recreational facilities, tennis courts,
swimming pools and outdoor recreational activities, all of a noncommercial
nature. No public swimming pool or structure shall be located closer
than 100 feet from any residential lot.
(4)
Child-care centers and family day-care homes. The main structure
shall not be located closer than 50 feet from any residential lot.
(5)
Bed-and-breakfast facilities, limited.
(6)
Cemeteries.
(8)
Other uses of the same general character as those listed above and deemed appropriate by the Planning Commission and in accordance with Article VIII.
(9)
Short-term rental.
[Added 9-17-2018]
D.
Accessory uses. Where a lot is devoted to a permitted principle use,
customary accessory uses and structures are authorized, including
but not limited to the following:
[Amended 11-18-1991]
(1)
Living quarters of persons principally employed on the premises.
(2)
Travel trailers, which may be stored within the minimum yard
requirements and shall be prohibited from occupancy.
(3)
Temporary buildings or office trailers for uses incidental to
construction work; such buildings shall be removed upon completion
or abandonment of the construction work.
(6)
Private parking garage.
(7)
Shelter for house pets.
(8)
Private swimming pool.
(9)
Satellite antenna.
E.
Lot regulations.
(1)
Main building:
(a)
Minimum lot size:
[1]
12,500 square feet with public water and sewer.
[2]
21,000 square feet with other facilities.
[3]
For certain R-2 lots with frontage at the setback line of 50 feet or more but less than 100 feet, see the exception contained in § 110-708B(1)(b).
(b)
Setback: 25 feet.
(c)
Frontage at setback: 100 feet.
(d)
Side yard:
[1]
One side: 10 feet.
[2]
Two sides: 20 feet.
[3]
Add 15 feet for corner lots.
[4]
Minimum side yard requirement of this chapter, for yards facing
streets, shall not apply to any lot where the average side yard on
developed lots within the same blocks and zoning district and fronting
on the same street is less than the minimum. In such cases, the side
yard on such lot may be less than the required side yard, but not
less than the existing side yards on the developed lots, plus 15 extra
feet for corner lots.
[Amended 11-18-2013]
(e)
Rear yard: 25 feet.
(f)
Maximum height: 35 feet.
[1]
The height limit for dwellings may be increased up to a maximum
of 45 feet and up to three stories, provided that each side yard is
20 feet, 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, or
library, 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, municipal water towers, chimneys,
flues, flagpoles, television antenna 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]
For buildings over 45 feet in height, approval shall be obtained
from the Zoning 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.
(2)
Accessory Buildings and uses: 10 feet from main building.
(a)
Side yard: 5 feet.
(b)
Add 15 feet for corner lots.
(c)
Minimum side yard requirement of this chapter, for yards facing
streets, shall not apply to any lot where the average side yard on
developed lots within the same block and zoning district and fronting
on the same street is less than the minimum. In such cases, the side
yard on such lot may be less than the required side yard, but not
less than the average of the existing side yards on the existing developed
lots.
(d)
Rear yard: 5 feet.
(e)
Height: 35 feet. Accessory buildings over one story in height
shall be at least 10 feet from any lot line. All accessory buildings
shall not exceed the main building in height.
A.
Purpose of Single-Family Residential District R-3. The purpose of
the R-3 Single-Family Residential District is to encourage residential
neighborhoods and to stabilize and protect the essential character
of such neighborhoods. The regulations for this district tend to protect
against encroachment of commercial or industrial uses and other uses
likely to generate noise, crowds, concentrations of traffic, light,
dust, odors, smoke, or other obnoxious influences.
B.
Permitted uses. Within the Single-Family Residential District R-3
the following uses are permitted:
C.
Special exceptions. When, after review of an application and hearing thereon, in accordance with Article VIII herein, the following uses may be permitted by special exception permit:
[Amended 3-25-1991]
(1)
Schools.
(2)
Churches and other places of worship with attendant educational,
and recreational facilities. No recreational facility shall be located
closer than 100 feet from any residential lot.
(3)
Public parks, playgrounds, recreational facilities, tennis courts,
public swimming pools, and outdoor recreational activities, all of
a noncommercial nature. No public swimming pool or structure shall
be located closer than 100 feet from any residential lot.
(4)
Child-care centers and family day-care homes. The main structure
shall not be located closer than 50 feet from any residential lot.
(5)
Family care homes, foster homes, or group homes serving the
mentally retarded, developmentally disabled or others, rest homes,
homes for adults, or nursing homes, provided that licensing requirements
are met.
(6)
Bed-and-breakfast facilities, limited.
(7)
Homes for adults.
(8)
Commercial radio wave towers.
(9)
Cemeteries.
(11)
Other uses of the same general character as those listed have and deemed appropriate by the Planning Commission and in accordance with Article VIII.
(12)
Short-term rental.
[Added 9-17-2018]
D.
Accessory uses. Where a lot is devoted to a permitted principle use,
customary accessory uses and structures are authorized, including
but not limited to the following:
[Amended 11-18-1991]
(1)
Living quarters of persons principally employed on the premises.
(2)
Travel trailers which shall be stored within the minimum yard
requirements and shall be prohibited from occupancy.
(3)
Temporary buildings or office trailers for uses incidental to
construction work; such buildings shall be removed upon completion
or abandonment of the construction work.
(6)
Private parking garage.
(7)
Shelter for house pets.
(8)
Private swimming pool.
(9)
Satellite antenna.
E.
Lot regulations.
(1)
Main building:
(a)
Minimum lot size:
[1]
10,000 square feet with public water and sewer.
[2]
21,000 square feet with other facilities.
[3]
Existing lots of 6,250 square feet or greater may be developed
in the R-3 Residential Single-Family, R-4 Residential, and R-5 Residential
Districts. All subdivision of parcels into lots less than 6,250 square
feet shall be prohibited in all districts, except for R-4 and R-5
Residential Districts. The R-1 and R-2 Districts will remain the same,
but the R-3 Residential Single-Family District will require lot sizes
of a minimum of 10,000 square feet.
[Amended 6-17-1997]
(b)
Setback: 25 feet.
(c)
Frontage at setback: 50 feet.
(d)
Side yard:
[1]
One side: five feet.
[2]
Two sides: 15 feet.
[3]
Add 15 feet for corner lots.
[4]
Minimum side yard requirement of this chapter, for yards facing
streets, shall not apply to any lot where the average side yard on
developed lots within the same blocks and zoning district and fronting
on the same street is less than the minimum. In such cases, the side
yard on such lot may be less than the required side yard, but not
less than the existing side yards on the developed lots, plus 15 extra
feet for corner lots.
[Amended 11-18-2013]
(e)
Rear yard: 25 feet.
(f)
Maximum height: 35 feet.
[1]
The height limit for dwellings may be increased up to a maximum
of 45 feet and up to three stories, provided that each side yard is
20 feet, 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, or
library, 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, municipal water towers, chimneys,
flues, flagpoles, television antenna 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]
For buildings over 45 feet in height, approval shall be obtained
from the Zoning Administrator. Chimneys, flues, cooling towers, flagpoles,
radio or communication towers, or their accessory facilities, not
normally occupied by workers 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.
(2)
Accessory buildings and uses: 10 feet from main building.
(a)
Side yard: five feet.
[1]
Add 15 feet for corner lots.
[2]
Minimum side yard requirement of this chapter, for yards facing
streets, shall not apply to any lot where the average side yard on
developed lots within the same block and zoning district and fronting
on the same street is less than the minimum. In such cases, the side
yard on such lot may be less than the required side yard, but not
less than the average of the existing side yards on the existing developed
lots.
(b)
Rear yard: five feet.
(c)
Height: 35 feet. Accessory buildings over one story in height
shall be at least 10 feet from any lot line. All accessory buildings
shall not exceed the main building in height.
A.
Purpose of Residential District R-4. The purpose of the R-4 Residential
District is to protect the residential character of established neighborhoods
and communities. The regulations for this district tend to reflect
and protect established neighborhoods which reflect on long-standing
character.
B.
Permitted uses. Within the Residential District R-4 the following
uses are permitted:
(1)
Single-family detached dwellings.
(2)
Two-family dwellings, provided that the intent of this district
is maintained in the design and use of two-family dwellings.
(3)
Public utilities.
(4)
Public water and sewage facilities.
(5)
Public service or storage buildings.
(6)
Modular homes.
[Added 3-25-1991; amended 12-18-2000]
(7)
Single-family
attached dwellings, provided that no more than two dwelling units
shall be permitted in each single-family attached dwelling.
[Added 1-18-2010]
C.
Special exceptions. When, after review of an application and hearing thereon, in accordance with Article VIII herein, the following uses may be permitted by special exception permit:
[Amended 3-25-1991]
(1)
Schools.
(2)
Churches and other places of worship with attendant educational
and recreational facilities. No recreational facility shall be located
closer than 100 feet from any residential lot.
(3)
Public parks, playgrounds, recreational facilities, tennis courts,
public swimming pools and outdoor recreational activities, all of
a noncommercial nature. No swimming pool or structure shall be located
closer than 100 feet from any residential lot.
(4)
Child-care centers and family day-care homes. The main structure
shall not be located closer than 50 feet from any residential lot.
(5)
Family care homes, foster homes or group homes serving the mentally
retarded, developmentally disabled or others, rest homes, homes for
adults, or nursing homes, provided that licensing requirements are
met.
(6)
Commercial radio wave towers.
(7)
Bed-and-breakfast facilities, limited.
(8)
Cemeteries.
(10)
Other uses of the same general character as those listed above and deemed appropriate by the Planning Commission and in accordance with Article VIII.
(11)
Short-term rental in single-family detached dwellings. Short-term
rentals are not allowed in multifamily dwellings, duplexes, townhouses,
or apartments.
[Added 9-17-2018]
D.
Accessory uses. Where a lot is devoted to a permitted principal use,
customary accessory uses and structures are authorized, including
but not limited to the following:
[Amended 11-18-1991]
(1)
Living quarters of persons principally employed on the premises.
(2)
Travel trailers, which may be stored within the minimum yard
requirements and shall be prohibited from occupancy.
(3)
Temporary buildings of office trailers for uses incidental to
construction work, such buildings shall be removed upon completion
or abandonment of the construction work.
(6)
Private parking garage.
(7)
Shelter for house pets.
(8)
Private swimming pool.
(9)
Satellite antenna.
E.
Lot regulations.
(1)
Main building:
(b)
Setback: 25 feet.
(c)
Frontage at setback: 50 feet.
(d)
Side yard:
[1]
One side: five feet.
[2]
Two sides: 15 feet.
[3]
Add 15 feet for corner lots.
[4]
Minimum side yard requirement of this chapter, for yards facing
streets, shall not apply to any lot where the average side yard on
developed lots within the same blocks and zoning district and fronting
on the same street is less than the minimum. In such cases, the side
yard on such lot may be less than the required side yard, but not
less than the existing side yards on the developed lots, plus 15 extra
feet for corner lots.
[Amended 11-18-2013]
(e)
Rear yard: 25 feet.
(f)
Maximum height: 35 feet.
[1]
The height limit for dwellings may be increased up to a maximum
of 45 feet and up to three stories, provided that each side yard is
20 feet, 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, or
library, 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, municipal water towers, chimneys,
flues, flagpoles, television antenna 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]
For buildings over 45 feet in height, approval shall be obtained
from the Zoning Administrator. Chimneys, flues, cooling towers, flagpoles,
radio or communication towers, or their accessory facilities, not
normally occupied by workers 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.
(2)
Accessory buildings and uses: 10 feet from main building.
(a)
Side yard: five feet.
[1]
Add 15 feet for corner lots.
[2]
Minimum side yard requirement of this chapter, for yards facing
streets, shall not apply to any lot where the average side yard on
developed lots within the same block and zoning district and fronting
on the same street is less than the minimum. In such cases, the side
yard on such lot may be less than the required side yard, but not
less than the average of the existing side yards on the existing developed
lots.
(b)
Rear yard: five feet.
A.
Purpose of Residential District R-5. The purpose of the R-5 Residential
District is to protect the residential character of established neighborhoods
and communities. The regulations for this district tend to reflect
and protect established neighborhoods which reflect on long-standing
character.
B.
Permitted uses within Residential District R-5. The following uses
are permitted:
(1)
Single-family detached dwellings.
(2)
Duplexes.
(3)
Two-family dwellings.
(4)
Multiple-family dwellings and single-family dwellings, provided that no more than eight dwelling units shall be permitted in each multiple-family dwelling or single-family attached dwelling, and provided that, with respect to townhouses, the use is in compliance with the provisions of § 110-709 of this chapter.
[Amended 8-27-1990; 10-15-1990]
(5)
Public utilities.
(6)
Public water and sewage facilities.
(7)
Public service or storage buildings.
(8)
Apartments located in the same building as a private garage,
but only if a single-family detached dwelling exists on the same lot,
and further limited to a single such apartment on such lot.
[Amended 11-19-1990]
(9)
Modular homes.
[Added 3-25-1991]
C.
Special exceptions. When, after review of an application and hearing thereon, in accordance with Article VIII herein, the following uses may be permitted by special exception permit:
[Amended 3-25-1991]
(1)
Schools.
(2)
Churches and other places of worship with attendant educational
and recreational facilities. No recreational facility shall be located
closer than 100 feet from any residential lot.
(3)
Public parks, playgrounds, recreational facilities, tennis courts,
public swimming pools and outdoor recreational activities, all of
a noncommercial nature. No swimming pool or structure shall be located
closer than 100 feet from any residential lot.
(4)
Child-care centers and family day-care homes. The main structure
shall not be located closer than 50 feet from any residential lot.
(5)
Foster care homes, foster homes, or group homes serving the
mentally retarded, developmentally disabled or others, rest homes,
homes for adults, or nursing homes, provided that licensing requirements
are met.
(6)
Commercial radio wave towers.
(7)
Bed-and-breakfast facilities, limited.
(8)
Cemeteries.
(9)
Short-term rental in single-family detached dwellings. Short-term
rentals are not allowed in multifamily dwellings, duplexes, townhouses
or apartments.
[Amended 11-22-2022[1]]
(10)
Transitional housing facility/living center. Factors to be considered
will include, but not be limited to, the following:
[Added 4-18-2016[2]]
(a)
Defined mission statement which is consistent with the definition
of transitional housing facility/living center.
(b)
One or more resident professional support staff on premises
to assist with transition.
(c)
Defined period of stay of less than 24 months.
(d)
Defined admission policy that precludes the current illegal
use of or addiction to a controlled substance as defined in § 54.1-3401
of the Code of Virginia, as amended from time to time.
(e)
Defined conditions of residence that are aligned with the principle
of transitioning back to productive society.
(f)
Defined conditions of residence which include limits of two
individuals per bedroom.
(g)
Defined policy adherence enforcement protocol.
(h)
Appropriate state license, where required.
[2]
Editor's Note: This ordinance also provided for the renumbering
of former Subsection C(10) as Subsection C(11).
D.
Accessory uses. Where a lot is devoted to a permitted principal use,
customary accessory uses and structures are authorized, including
but not limited to the following:
[Amended 11-18-1991]
(1)
Living quarters of persons principally employed on the premises.
(2)
Travel trailers, which may be stored within the minimum yard
requirements and shall be prohibited from occupancy.
(3)
Temporary buildings or officer trailers for uses incidental
to construction work, such buildings shall be removed upon completion
or abandonment of the construction work.
(6)
Private garage.
(7)
Shelter for house pets.
(8)
Private swimming pool.
(9)
Satellite antenna.
E.
Lot regulations.
(1)
Main building:
(a)
Minimum lot size:
(b)
Setback: 25 feet.
(c)
Frontage at setback: 50 feet.
(d)
Side yard:
[1]
One side: five feet.
[Amended 11-18-2013]
[2]
Two sides: 15 feet.
[Amended 11-18-2013]
[3]
Add 15 feet for corner lots.
[4]
Minimum side yard requirement of this chapter, for yards facing
streets, shall not apply to any lot where the average side yard on
developed lots within the same blocks and zoning district and fronting
on the same street is less than the minimum. In such cases, the side
yard on such lot may be less than the required side yard, but not
less than the existing side yards on the developed lots, plus 15 extra
feet for corner lots.
[Amended 11-18-2013]
(e)
Rear yard: 25 feet.
(f)
Maximum height: 35 feet.
[1]
The height limit for dwellings may be increased up to a maximum
of 45 feet and up to three stories, provided that each side yard is
20 feet, 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, or
library, 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, municipal water towers, chimneys,
flues, flagpoles, television antenna 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]
For buildings over 45 feet in height, approval shall be obtained
from the Zoning Administrator. Chimneys, flues, cooling towers, flagpoles,
radio or communication towers, or their accessory facilities, not
normally occupied by workers 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.
(2)
Accessory buildings and uses: 10 feet from main building.
(a)
Side yard: 5 feet.
[1]
The side yard requirements for accessory buildings and uses
on townhouse lots of 20 feet in width or less shall be zero. For lots
from 20 feet wide to 50 feet wide, the side yard shall be two inches
per foot for each foot of width over 20 feet in width, except on corner
lots where the regular side yard distances apply as noted below.
[2]
Add 15 feet for corner lots.
[3]
Minimum side yard requirement of this chapter, for yards facing
streets, shall not apply to any lot where the average side yard on
developed lots within the same block and zoning district and fronting
on the same street is less than the minimum. In such cases, the side
yard on such lot may be less than the required side yard, but not
less than the average of the existing side yards on the existing developed
lots.
(b)
Rear yard: five feet.
(c)
Height: 35 feet. Accessory buildings over one story in height
shall be at least 10 feet from any lot line. All accessory buildings
shall not exceed the main building in height.
A.
Purpose of High-Density Residential District is to provide for higher
development densities in accordance with the Elkton Comprehensive
Plan. The regulations for this district provide for development which
is not completely residential as it includes public and semipublic,
institutional and other related uses. However, it is basically residential
in character, and as such, is protected against encroachment of heavy
commercial, industrial, and other uses likely to generate noise, crowds,
large concentrations of traffic, light, dust, odors, smoke, and other
obnoxious influences.
B.
Permitted uses. Within the High-Density Residential District R-6
the following uses are permitted:
(1)
Multiple-family dwellings, apartments and single-family dwellings, provided that no more than 12 dwelling units shall be permitted in each multiple-family dwelling or single-family attached dwelling, and provided that, with respect to townhouses, the use is in compliance with the provisions of § 110-709 of this chapter.
[Amended 11-17-2008]
(2)
Professional offices in structures similar in character with
surrounding neighborhoods.
(3)
Tourist homes.
(4)
Public water and sewage facilities.
(5)
Public service or storage buildings.
(6)
Public utilities.
(7)
Modular homes.
[Added 3-25-1991]
C.
Special exceptions. When after review of an application and hearing thereon, in accordance with Article VIII herein, the following uses may be permitted by special exception permit:
[Amended 3-25-1991]
(1)
General hospitals.
(2)
Schools.
(3)
Churches and other places of worship with attendant educational
recreational facilities. No recreational facility shall be located
closer than 100 feet from any residential lot.
(4)
Public parks, playgrounds, recreational facilities, tennis courts,
public swimming pools and outdoor recreational activities, all of
a noncommercial nature. No swimming pool or structure shall be located
closer than 100 feet from any residential lot.
(5)
Child-care centers, and family day-care homes. The main structure
shall not be located closer than 50 feet from any residential lot.
(6)
Commercial operations which:
(a)
Will not adversely affect the health or safety of persons residing
in the neighborhood of the proposed use;
(b)
Will not be detrimental to the public welfare or injurious to
property or improvements;
(c)
Will not be in conflict with the intent of this district; and
(d)
Will comply with all other provisions regulating such uses.
(7)
Boardinghouses.
(8)
Family care homes, foster homes or group homes serving the mentally
retarded, developmentally disabled or others, rest homes, homes for
adults, or nursing homes, provided that licensing requirements are
met.
(9)
Clubs, fraternities, lodges and meeting places of other organizations,
provided that the buildings in which such meetings are housed shall
be located at least 50 feet from any other lot.
(10)
Commercial radio wave antenna towers.
(11)
Bed-and-breakfast facilities, limited.
(12)
(13)
Transitional housing facility/living center. Factors to be considered
will include, but not be limited to, the following:
[Added 4-18-2016[2]]
(a)
Defined mission statement which is consistent with the definition
of transitional housing facility/living center.
(b)
One or more resident professional support staff on premises
to assist with transition.
(c)
Defined period of stay of less than 24 months.
(d)
Defined admission policy that precludes the current illegal
use of or addiction to a controlled substance as defined in § 54.1-3401
of the Code of Virginia, as amended from time to time.
(e)
Defined conditions of residence that are aligned with the principle
of transitioning back to productive society.
(f)
Defined conditions of residence which include limits of two
individuals per bedroom.
(g)
Defined policy adherence enforcement protocol.
(h)
Appropriate state license, where required.
[2]
Editor's Note: This ordinance also provided for the renumbering
of former Subsection C(13) as Subsection C(14).
D.
Accessory uses. Where a lot is devoted to a permitted principal use,
customary accessory uses and structures are authorized, including
but not limited to the following:
[Amended 11-18-1991]
(1)
Living quarters of persons principally employed on the premises.
(2)
Travel trailers, which may be stored within the minimum yard
requirements, and occupancy therein shall be prohibited.
(3)
Temporary buildings or office trailers, for uses incidental
to construction work, such buildings shall be removed upon completion
or abandonment of the construction work.
E.
Lot regulations.
(1)
Main building:
(b)
Setback: 30 feet.
(c)
Frontage at setback: 50 feet.
(d)
Side yard:
[1]
One side: 10 feet.
[2]
Two sides: 20 feet.
[3]
Add 15 feet for corner lots.
[4]
Minimum side yard requirement of this chapter, for yards facing
streets, shall not apply to any lot where the average side yard on
developed lots within the same blocks and zoning district and fronting
on the same street is less than the minimum. In such cases, the side
yard on such lot may be less than the required side yard, but not
less than the existing side yards on the developed lots, plus 15 extra
feet for corner lots.
[Amended 11-18-2013]
(e)
Rear yard: 25 feet.
(f)
Maximum height: 35 feet.
[1]
The height limit for dwellings may be increased up to a maximum
of 45 feet and up to three stories, provided that each side yard is
20 feet, 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, or
library, 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, municipal water towers, chimneys,
flues, flagpoles, television antenna 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]
For buildings over 45 feet in height, approval shall be obtained
from the Zoning Administrator. Chimneys, flues, cooling towers, flagpoles,
radio or communication towers, or their accessory facilities, not
normally occupied by workers 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.
(2)
Accessory buildings and uses: 20 feet from main building.
(a)
Side yard: 10 feet.
[1]
The side yard requirements for accessory buildings and uses
on townhouse lots of 20 feet in width or less shall be zero. For lots
from 20 feet wide to 50 feet wide, the side yard shall be two inches
per foot for each foot of width over 20 feet in width, except on corner
lots where the regular side yard distances apply as noted below.
[2]
Add 15 feet for corner lots.
[3]
Minimum side yard requirement of this chapter, for yards facing
streets, shall not apply to any lot where the average side yard on
developed lots within the same block and zoning district and fronting
on the same street is less than the minimum. In such cases, the side
yard on such lot may be less than the required side yard, but not
less than the average of the existing side yards on the existing developed
lots.
(b)
Rear yard: 10 feet.
(c)
Height: 35 feet. Accessory buildings over one story in height
shall be at least 10 feet from any lot line. All accessory buildings
shall not exceed the main building in height.
H.
Other regulations.
[Added 11-17-2008]
(1)
When after review of an application and hearing thereon in accordance with § 110-802C herein, multiple-family development special use permits may be approved for dwellings of more than 12 units per acre up to 17 units per acre or more than 12 units per building if the following conditions, as determined by Council, are met:
(a)
Consideration of existing or approved multiple-family development,
or land planned for multiple-family development according to the Comprehensive
Plan and its location to the proposed multiple-family development.
(b)
The applicant has demonstrated that adequate vehicular, pedestrian
and bicycle facilities:
[1]
Currently serve the site; or
[2]
Are planned to serve the site according to a Town or state plan
with reasonable expectation of construction within the timeframe of
the need created by the development; or
[3]
Will be provided by the applicant at the time of development;
or
[4]
Are not needed because of the circumstances of the proposal.
(c)
The applicant has demonstrated that the proposed multiple-family
development's design is compatible with adjacent existing and planned
single-family, duplex and townhouse development. Compatibility may
be achieved through architectural design (e.g., multidimensional facade
or other attributes that make the development appear more residential
in character), site planning, landscaping and/or other measures that
ensure that views from adjacent single-family, duplex and townhouse
development and public streets are not dominated by large buildings,
mechanical/electrical and utility equipment, service/refuse functions
and parking lots or garages.
(d)
The applicant has shown that the site is environmentally suitable
for multiple-family development. There shall be adequate area within
the site, or the development shall be designed, to accommodate buildings,
roads and parking areas with minimal impact on steep slopes and floodplains.
A.
Purpose of Residential District R-7. The purpose of the Residential
District R-7 is to allow low-cost residential development in the form
of manufactured home parks and manufactured home subdivisions.
B.
Permitted uses. Within the Residential District R-7 the following
uses are permitted:
C.
Special exceptions. When after review of an application and hearing thereon, in accordance with Article VIII herein, the following uses may be permitted by special exception permit:
D.
Accessory uses. Where a lot is devoted to a permitted principal use,
customary accessory uses and structures are authorized, including
but not limited to the following:
A.
Purpose and intent. The purpose of the Planned Unit Development District
R-8 is to permit larger-scale development and clustering of single-family
residential dwelling units through design innovation to provide for
a neighborhood with a variety of housing types and densities, neighborhood
shopping facilities, schools, parks, playgrounds, off-street parking
and, where necessary, land reserved to provide local employment opportunities.
The development in this district shall substantially conform to a
comprehensive land use master plan and shall conform to a detailed
final plan. Land zoned R-8 for which a master plan conforming to the
requirements of this chapter has not been approved shall not be further
developed until a master plan, final plan and, as applicable, a subdivision
plat have been approved. With respect to land located in a district
other than R-8 for which R-8 zoning is sought, an approved master
plan shall be a requirement of the rezoning process and a proposed
master plan shall be submitted with the application for an amendment
to the Zoning Map.
B.
Permitted uses. Within the Planned Unit Development District R-8
the following uses are permitted:
[Amended 10-17-2005]
C.
Accessory uses. In addition to the principal uses, other commercial
or noncommercial service uses may be permitted provided that:
(1)
Such uses are intended primarily to serve the needs of the project
area residents.
(2)
Such uses are designed and located for the convenience of project
area residents and to protect the character of the district.
(3)
All subsequent changes in use shall be approved by the Planning
Commission or its agent.
(4)
All commercial uses shall not total more than 10% of the total
project area.
(5)
Construction of commercial facilities shall not begin until
25% of the residential units or 250 dwelling units, whichever is less,
of the total planned development has been completed.
D.
Qualifying requirements. A tract or parcel of land may be considered
for R-8 Planned Unit Development District Zoning only if it meets
the following conditions:
(1)
Ownership requirements. The project area must be five acres
or more, owned by one person or the application shall be filed jointly
by the owners of all land within the project area. The holder of a
written option to purchase land shall, for the purposes of such application,
be deemed to be an owner of such land.
[Amended 7-20-1992]
(2)
Availability of public utilities. The project area must be located
where public water and sewer systems are available or where a community
water and sewer system can be developed as part of the project.
(3)
Land suitability. Rezoning of land to an R-8 Planned Unit Development
District may be denied if the Town Council determines that the land
is not suitable for development because of inadequate road access,
geographic constraints, inadequate community facilities, excessive
distance to employment areas, nonconformity to Town development plans,
or other public health, welfare or safety objectives.
E.
Site design requirements. The following are the site design requirements
for the R-8 Planned Unit Development District:
(1)
Maximum density. The gross residential density shall not exceed
12 dwelling units per acre.
(2)
Common open space. Minimum open space shall be not less than
30% of the total project area exclusive of buildings, streets, alleys,
roads, parking areas, walks, patios, and other similar improvements
but inclusive of swimming pools and other active and passive recreational
areas.
(3)
Functional relationships. The master plan and final plan shall
be designed for convenient relationships between the various functional
areas of the project such as residential, recreational and shopping.
(4)
Lot design. The lot design, arrangement, and shape shall be
such that lots will provide satisfactory and desirable sites for buildings,
and be properly related to topography, and provide convenient and
safe access.
(5)
Street design. The street system within the project area shall:
(a)
Be adequate to serve projected traffic flow;
(b)
Assure safe and convenient sight distances;
(c)
Complement the natural topography;
(d)
Coordinate with existing and planned streets;
(e)
Be dustproof and passable year round;
(f)
Comply with applicable minimum Virginia Department of Transportation
design and construction criteria; and
(g)
Include curb, gutter and sidewalks as required by the town.
(6)
Street names and signs. The name of proposed streets shall not
duplicate existing street names irrespective of the use of the suffix
street, avenue, boulevard, driveway, place, lane or court. Proposed
streets, which are obviously in alignment with other already existing
and named streets, shall bear the names of the existing streets. Street
names shall be indicated on the master plan, final plan, preliminary
and final subdivision plat. Street signs shall be provided at all
intersections.
(7)
Streetlighting. Streetlighting shall be provided on all streets
in the development.
(8)
Pedestrian circulation. Provision shall be made for pedestrian
circulation, which will enable residents, visitors and/or patrons
to walk safely and conveniently between the various functional areas
of the project and adjacent circulation systems, as determined appropriate
by the town, including sidewalks if determined appropriate by the
town.
(9)
Parking. Off-street parking shall be provided in accordance with § 110-703C in adequate amounts and in convenient locations. Wherever feasible, parking areas should be designed to preserve natural amenities and should avoid excessive concentrations of pavement by scattered landscaping and tree planting. Generally, two parking spaces should be provided for each dwelling unit.
(10)
Water and sewer. All Planned Unit Development Districts shall
be served by collective water and sewer systems as follows:
(11)
Community facilities. Reservation or dedication of land for
community facilities may be required if the need is created by the
project area development or if proposed on the Town comprehensive
land use plan.
(12)
Fire hydrants. Fire hydrants shall be provided throughout the
project area in such locations to provide adequate fire protection.
(13)
Drainage. Adequate drainage shall be provided. The street and
lot plan shall be designed to avoid drainage problems. Where storm
drains or drainage ditches are required, or where an existing waterway
or drainage way traverses the project area, an easement or right-of-way
shall be provided with adequate improvements to contain the drainage
flows from the tributary area upstream of the watershed.
(14)
Floodways. Land subject to flooding and land deemed to be topographically
unsuitable shall not be platted for residential occupancy, nor for
such other uses as may increase danger of health, life, or property,
or aggravate erosion or flood hazard. Such land within the project
area shall be used as common open space or other uses which would
not be endangered by periodic or occasional inundation or shall not
produce conditions contrary to public welfare.
(15)
Easements. Easements through the project area shall be provided
for water, sewer, gas, telephone, power and other utilities as required
by the respective utility departments, agencies or companies.
(16)
Grading. The design shall minimize the amount of grading required
for development to the extent feasible, the natural lay of the land
shall be maintained except where grading is required for public health
or safety.
(17)
Natural amenities. The developer shall make every reasonable
effort to protect and preserve the natural amenities of the site such
as tree cover, waterways and scenic overlooks. The design shall maximize
the use and enjoyment of natural amenities by project residents.
(18)
Landscaping and screening. Landscaping and screening may be
required to improve the project appearance or to provide a buffer
between potentially conflicting uses.
F.
Master plan.
(1)
Master plan map. The proposed master plan shall include an accurately
scaled development map of the project, including:
(a)
Proposed land uses including residential types, commercial types,
recreation and any other proposed use.
(b)
Proposed street system including public and private right-of-way.
(c)
Proposed parking areas and parking space tabulations.
(d)
Proposed preliminary subdivision lot lines.
(e)
Proposed utility rights-of-way or easements including water,
sewer, gas, power, and telephone.
(f)
Proposed general drainage plan.
(g)
Proposed location of buildings, structures, and improvements,
except single-family dwellings.
(h)
Areas designated for proposed common property.
(i)
Proposed pedestrian circulation system.
(j)
A general description of proposed landscaping plan.
(k)
Proposed treatment of the project perimeter such as screening
or landscaping.
(l)
Relationships to adjacent properties and proposed or existing
connections for access and utilities.
(2)
Master plan data. The proposed master plan shall also include
the following:
(a)
A legal description or current survey plat of the project boundaries.
(b)
A statement of existing and proposed property owners.
(c)
Names and addresses of all adjacent property owners.
(d)
A statement of project development objectives and character
to be achieved.
(e)
An approximate development schedule including dates of proposed
construction beginning and completion and staging plan, if appropriate.
(f)
A statement of intent regarding future selling or leasing of
lots and improvements.
(g)
Quantitative data including the number and type of dwelling
units; parcel sizes; gross and net residential densities; total amount
and percentage of open space, residential, commercial, and other land
use types; total ground area covered by buildings other than single-family
dwellings.
(h)
Proposed building types, other than single-family dwellings
including architectural style, height, and approximate floor area.
(i)
Approvals from the Virginia Department of Transportation and
the Health Official.
(j)
Proposed agreements, provisions, or covenants which govern the
use, maintenance, and continued protection of property to be held
in common ownership.
(k)
A statement of proposed temporary and permanent erosion and
sedimentation control measures to be taken.
(l)
The identify of all real parties with an equitable interest
in the land within the project area.
(3)
Application for approval of master plan for land in R-8 District.
Ten copies of an application for the approval of a master plan shall
be filed, consisting of the proposed master plan and a written request
for approval. The Zoning Administrator shall promptly forward the
application and data to the Planning Commission for its review and
recommendation. The Planning Commission shall consider the general
plan for the community, the location, arrangement and size of lots,
parks, school sites and other reservations of open space; the location
and design characteristics of streets, including curb, gutter and
sidewalks; the location and arrangement of parking areas; the location,
arrangement and height of buildings; the location, arrangement and
design of neighborhood business areas and related parking areas; the
gross densities proposed for the project area; and such other features
as will contribute to the orderly and harmonious development of the
area, with due regard to the type and the character of adjoining neighborhoods
and the peculiar suitability of the proposed uses.
(4)
Rezoning. If the project area for a proposed planned unit development does not lie within an R-8 District, then the approval of a master plan shall be an additional requirement for amending the Zoning Map for the subject area to an R-8 District, as provided in § 110-802D. In such event, the application for approval of a master plan shall be filed with the application for a Zoning Map amendment. The applications shall be considered together by the Town in accordance with the provisions of this section and § 110-802D; provided, however, that the time requirements of § 110-802D shall apply.
(5)
Processing fee. At the time of filing the application for approval of the master plan, the applicant shall deposit with the Zoning Administrator a cashier's or certified check payable to the Town of Elkton in an amount designated by the Town plus an additional fee for each additional dwelling unit proposed on the development plan as set forth in Article X.
(6)
Appearance of developer. The Planning Commission and/or the
Town Council may require the developer or the developer's agent to
appear before it to explain and discuss the planned development.
(7)
Master plan approval.
(a)
Within 60 days after the filing of the application to approve
a master plan, the Planning Commission shall report to Town Council
one of the following:
(b)
The Town Council shall give notice under § 15.2-2204
of the Code of Virginia of a public hearing to be held not more than
30 days after the receipt of the Planning Commission's report. After
the hearing, the Town Council shall approve or disapprove the master
plan, or approve the master plan with modifications.
(c)
If the master plan is approved, or approved with modifications
by the Town Council, a copy of the master plan marked as approved
on behalf of the Town by the subdivision agent and the developer shall
be maintained by the Town Clerk as part of the permanent records of
the town.
(8)
Revisions to master plan. A master plan may be revised only
by complying with the same procedures set forth herein with respect
to the approval of a master plan, provided that the proposed revised
master plan shall be clearly designated as a revised master plan.
In the event that the revision of a master plan is so approved, the
revised master plan shall be marked as approved on behalf of the Town
by the subdivision agent and the developer and shall be maintained
by the Town Clerk in conjunction with the original master plan as
part of the permanent records of the town.
G.
Final plan.
(1)
Procedure for approval of final plan. Following the approval
of the master plan, the applicant may file with the Zoning Administrator
10 copies of a final plan, together with a written request for approval
of the final plan.
(2)
Final plan requirements. The final plan may apply to part or
all of the land within the master plan project area and shall include
the following information with respect to such land to which the final
plan applies:
(a)
Subdivision lot lines, if applicable, showing metes and bounds.
(b)
Utility rights-of-way or easements including water, sewer, gas,
power, television cable and telephone.
(c)
Property lines and proposed use of proposed common property.
(d)
Layout of all major roads or streets, showing metes and bounds.
(e)
Permitted uses and location of all lots and all buildings and
improvements other than detached single-family dwellings.
(f)
Public or community amenities within the area.
(g)
Sites or lots proposed for schools or other buildings to be
built by public authority.
(h)
Types of use of open areas.
(i)
General landscaping plan, including a description of natural
amenities and any alteration thereof.
(j)
Treatment of the project perimeter such as screening or landscaping.
(k)
Parking areas and calculations denoting number of parking spaces.
(l)
Grading and drainage specifications.
(m)
A proposed deed of dedication including restrictions safeguarding
the permanent use of open areas shown on the master plan and contained
within the area of the final plan for the purpose of preventing encroachment
thereupon.
(n)
Any information contained in the master plan not otherwise described
in this subsection.
(3)
Compliance with master plan. The final plan shall comply with
the site design requirements set forth herein and shall not substantially
vary from the master plan beyond the following parameters:
(a)
Variation of the proposed residential density or intensity of
use by more than 10%.
(b)
Reduction of more than 10% of the area reserved for common open
space.
(c)
Increase of the floor area proposed for nonresidential use by
more than 10%.
(d)
Increase of the total ground area covered by buildings, other
than single-family dwellings, by more than 5%.
(4)
Additional requirement for subdivisions. If land in the area included in a final plan is to be subdivided, then the developer shall prepare a subdivision plat for such area meeting the final plat requirements of § 110-908 and shall submit 10 copies of the subdivision plat to the Planning Commission for approval with the final plan. The subdivider shall record the approved subdivision plat in the Circuit Court Clerk's office within 60 days after approval. If timely recordation does not occur, then the approval shall be deemed null and void, and no subdivision shall occur or building permits be issued for such area.
(5)
Performance bond. Before any final plan is approved, an acceptable
performance bond shall be furnished by the developer or subdivider
for the purpose of securing all improvements shown in the final plan.
(6)
Final plan approval. The Planning Commission shall review the
final plan and shall approve it if it complies with the requirements
of this chapter. The developer shall record the final plan and a deed
of dedication for common areas, if applicable, in the Circuit Court
Clerk's office within 60 days after approval. If timely recordation
does not occur, then the approval shall be deemed null and void, and
no subdivision shall occur or building permits be issued for the land
in the final plan.
H.
Effect of approval of final plan. No lots shall be sold or building
permits issued within the project area until a final plan has been
approved by the town. The provisions of the final plan shall constitute
the lot regulations for the land within the final plan.
I.
Required improvements. All improvements shown on the final plan shall
be installed by the developer or subdivider at its cost. For public
streets the standards and specifications of the Virginia Department
of Transportation shall be followed. For other improvements such as
water and sewer systems, where specifications have been established
by state departments or local ordinances, such specifications shall
be followed. The developer's or subdivider's performance bond shall
not be released until construction has been inspected and approved
by the appropriate official.
J.
Survey markers. Permanent survey markers, in accordance with current
standards of professional practice, shall be provided to permanently
identify lot and right-of-way lines. The monuments shall be installed
as follows:
(1)
Solid metal rods, a minimum of 5/8 inch in diameter, two feet
long, shall be put at all street corners, at all points where the
street lines intersect the exterior boundaries of the project area,
and at points of a curve in each street. Survey markers shall be set
flush with the finished grade.
(2)
All other lot and parcel corners shall be marked with iron pins
according to current surveying standards.
K.
Plans and specifications. Four blue- or black-line prints of the
plans and specifications of all required physical improvements to
be installed shall be prepared by a licensed engineer as certified
by the State of Virginia and shall be submitted to the Zoning Administrator
for review. The Zoning Administrator shall approve or disapprove of
the construction plans within 45 days of submission. If approved,
one copy bearing certification of such approval shall be returned
to the developer. If disapproved, all papers shall be returned to
the developer with the reason for disapproval stated in writing. No
physical improvements shall be constructed prior to such approval.
L.
Maintenance
of common property. The developer shall create a property owners'
association to be responsible for maintaining all common property.
The cost of maintaining common property shall be paid by property
owner assessments, and such assessments shall constitute a lien upon
the individual properties.
M.
Notice to purchasers. The developer or subdivider shall provide a
copy of applicable restrictive covenants, including use restrictions
and the master plan to prospective property owner(s).
N.
Changes in final development. Construction shall include all improvements
shown on the final plan and shall conform in all other respects to
the final plan and to the approved plan and specifications for physical
improvements, as applicable, except upon application to the Planning
Commission under the procedures provided below:
(1)
Minor changes in the location, setting, and character of buildings
and structures may be authorized if required by engineering or other
circumstances not foreseen at the time the final plan was approved.
No changes authorized by this section may increase the cubic volume
of any building or structure more than 10%.
(2)
All other changes in use, and rearrangement of lots, blocks,
and buildings, tracts, any changes in the provisions of common open
spaces, and all other changes in the approved final plan by the developer
or any succeeding owner, or agent must be made under the procedure
authorized by this chapter. No amendments may be made in the approved
final plans unless they are shown to be required by changes in conditions
that have occurred since the final plan was approved or by changes
in the development policy of the community.
O.
Development schedule and review. The construction and provision of
all facilities and improvements on common property, which are shown
on the final plan, must proceed at the same rate as the construction
of dwelling units. At least once every six months following the approval
of the final plan the developer shall provide to the Zoning Administrator
a written summary comparing the extent of building permits issued
for the planned development with the construction which has taken
place on the site. If the Zoning Administrator shall find that the
rate at which facilities and improvements on common property have
been constructed and provided is not in accordance with the original
development schedule, he or she shall forward this information to
the Building Official who shall not issue any additional building
permits until the scheduled facilities and improvements on common
property have been provided.
P.
Failure to begin development. If no substantial construction has
begun or no substantial use has been established in the portion of
the planned development included in a final plan within one year from
the approval of the final plan, the final plan shall lapse and be
of no further effect. In its discretion, and for good cause, the Planning
Commission may, upon receipt of written application, extend for one
additional year the beginning of construction of the improvements
as shown on the approved final plan. If the final plan lapses under
the provisions of this section, the Zoning Administrator shall file
in the Circuit Court Clerk's office a notice of revocation which shall
be indexed against the recorded final plan and subdivision plats,
if any, and before further development may occur the developer shall
file a new final plan in conformance with the provisions of this chapter.
The new final plan shall be approved prior to the issuance of building
permits or the sale of lots in the area included in the new final
plan.
Q.
Effectual clauses.
(1)
Authority. This chapter has been enacted under the authority granted under Title 15.2, Chapter 22, Articles 6 and 7 of the Code of Virginia, as amended.
(2)
Validity. Should any article, section, subsection, or provision
of this chapter be declared by a court of competent jurisdiction to
be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the Ordinance as a whole or any part
thereof other than the part so declared to be invalid or unconstitutional.
(3)
Private covenants. This chapter bears no relation to any private
easement, covenant, agreement, or restriction, nor is the responsibility
of enforcing such private easement, covenant, agreement or restriction
implied herein to any public official. When this chapter calls for
more restrictive standards than are required by private contract,
the provisions of this chapter shall control.
(4)
Penalties. Any developer who violates any provision of this
chapter shall be guilty of a misdemeanor, punishable by a fine designated
by the Town of Elkton plus an additional fine for each dwelling unit
proposed in the master plan.
A.
Intent of Downtown Business District B-1. Generally, this district
covers that portion of the Town intended for the conduct of general
business to which the public requires direct and frequent access in
the downtown area. This includes such uses as retail stores, banks,
theaters, business theaters, business offices, newspaper offices,
printing presses, restaurants and taverns, and garages and service
stations.
B.
Permitted uses. Within the Downtown Business District B-1 the following
uses are permitted:
(1)
Department stores, variety stores, specialty shops, discount
shops, and appliance stores.
(2)
Bakeries.
(3)
Laundries, dry cleaning shops, and clothes dyeing establishments.
(4)
Living and/or sleeping quarters shall be a permitted use when
constructed above the ground and basement floors. No living and/or
sleeping quarters shall be permitted in any detached accessory building
or structure on the same lot of any building.
[Amended 12-19-2005]
(5)
Retail stores and shops.
(6)
Theaters, assembly halls, playhouses and dinner theater.
(7)
Hotels.
(8)
Banks and loan and finance offices, including drive-in types.
(9)
Churches and other places of worship, and church school buildings.
(10)
Libraries.
(11)
General hospitals.
(12)
Special care hospitals.
(13)
Funeral home and/or mortuary.
(14)
Automobile service stations and public garages (with major repair
under cover).
(15)
Clubs and lodges.
(16)
Automobile sales.
(17)
Lumber and building supply (with storage under cover).
(18)
Plumbing and electrical supply (with storage under cover).
(19)
Carpentry, cabinet making, furniture refinishing, woodworking,
electrical, plumbing, heating, welding sheet metal, appliance, bicycle,
watch and shoe repair, painting, publishing, lithographing, upholstering,
gunsmith or similar shops, provided that any use shall be conducted
within a completely enclosed building and provided that no part of
a building for such use shall have any opening other than stationary
windows or required fire exits within 100 feet of any residential
district.
(20)
Public utilities.
(21)
Public service and storage buildings.
(22)
Restaurants, including dairy product stores and soda fountains,
and drive-in restaurants.
(23)
Newspaper offices and printing shops.
(24)
Business and professional offices.
(25)
Greenhouses.
(26)
Police, fire, and rescue squad stations.
(27)
Post offices.
(28)
Bus stations and taxi stands.
(29)
Radio and television broadcasting studios.
(30)
Public buildings and properties of a cultural, administrative,
or service type.
(31)
Individual residential uses associated with a permitted use,
such as the residence of an entrepreneur, but not including subdivisions
and multifamily complexes.
(32)
Parking garages and parking lots.
(33)
Schools.
(34)
Off-street parking as required by this chapter.
(37)
Museums.
(38)
Picture frame manufacturing and assembling.
(39)
Single-family detached dwelling, provided that the single-family detached dwelling is existing and otherwise conforms with all other requirements in Chapter 110 as of the date of the adoption of this subsection with lot regulations and accessory uses consistent with R-3 District standards, and there shall be no more than one single-family detached dwelling per lot.
[Added 1-18-2010]
C.
Special exceptions. When after review of an application and hearing thereon, in accordance with Article VIII herein, the following uses may be permitted by special exception permit:
(1)
Wholesale and processing not objectionable because of dust,
noise, or odors.
(2)
Public billiard parlors and pool rooms, bowling alleys, dance
halls, and similar forms of public amusement.
(3)
Commercial radio wave towers.
(4)
Satellite antenna.
(5)
Television and radio transmitting antennas.
(6)
Athletic fields, stadiums, and arenas.
(7)
Beverage manufacturing, bottling or distribution stations and
food processing, packaging, or distribution stations.
(8)
Circuses, carnivals, fairs, and sideshows.
(9)
Drive-in theaters, provided that all parts of such drive-in
shall be distant at least 200 feet from any residential district and
provided that the screen shall be located as not to be visible from
adjacent streets or highways and it shall be set back not less than
200 feet from the established right-of-way of said street or highway.
(10)
Livestock market and sales pavilions.
(11)
Overnight recreational vehicle park.
(12)
Shooting range or gallery.
(13)
Wholesale business, storage or warehouse, provided that any
such use shall be distant at least 50 feet from any residential district.
(14)
Apartments in structures existing at the time of adoption of
this chapter.
(15)
Kennels and animal hospitals, provided that any structure or
premises used for such purposes shall be located at least 200 feet
from any residential district.
(16)
Swimming pools, skating rinks, golf driving ranges, miniature
golf courses, or similar recreational use or facility if located at
least 200 feet from any residential lot.
(17)
Auction houses.
[Added 12-18-2000]
(18)
Telecommunications facilities.
[Added 12-18-2000]
(19)
Other uses of the same general character as these listed above and deemed appropriate by the Planning Commission and in accordance with Article VIII.
(20)
Ground floor rear apartment, provided the following requirements
are met:
[Added 4-21-2014]
(a)
The primary purpose of the ground floor remains the operation
of a business.
(b)
The living area cannot be seen from the area that the business
is operated from.
(c)
The living area does not exceed 50.0% of the ground floor.
(d)
Only one such apartment can exist on the ground floor.
(e)
The residential space and the commercial space must be continuous
and integrated. No portion of the unit (residential or commercial)
may be separately leased or sold.
(21)
Structures that were originally designed to be residential in
nature, existed before January 18, 2010, but did not meet the requirements
for single-family dwellings at that time, may be permitted to be returned
to single-family dwellings, provided that the following requirements
are met:
[Added 8-17-2015]
(a)
The structure is proven to be habitable.
(b)
The structure meets R-3 District standards.
(c)
The owner certifies that no more than one family will live in
the dwelling.
(d)
Two off-street parking spaces are provided.
(e)
The use of this structure as a residence is not in conflict
with existing businesses.
(22)
Short-term rental, provided the property is a permitted use under § 110-610B(39).
[Added 9-17-2018]
D.
Requirements for permitted uses in the Downtown Business District
B-1. Final grading and site finishing are required on the parcel where
uses are permitted in this district. The execution of this requirement
must take into consideration traffic hazards. Landscaping will be
restricted to a height of three feet within 50 feet of the intersection
of two roads.
E.
Accessory uses. Where a lot is devoted to a permitted principal use,
customary accessory uses and structures are authorized. The following
rules are applicable:
F.
Lot regulations.
(1)
Main building: N/A.
(a)
For permitted uses utilizing individual sewage disposal systems,
the required area for any such use shall be approved by the Health
Official. The Zoning Administrator shall require greater area as considered
necessary by the Health Official.
(b)
Setback: N/A.
(c)
Frontage at setback: N/A.
(d)
Side yard:
[1]
One side: zero feet.
[2]
Two sides: zero feet.
[3]
Property located in a business district, which adjoins any residential
district, or is separated from any residential district only by a
public street or way, shall have a ten-foot side yard on the side
or sides adjoining or adjacent to the residential district.
(e)
Rear yard: zero feet.
(f)
Maximum height: 35 feet.
[1]
The height limit for dwellings may be increased up to a maximum
of 45 feet and up to three stories, provided that each side yard is
20 feet, 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, or
library, 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, municipal water towers, chimneys,
flues, flagpoles, television antenna 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]
For buildings over 45 feet in height, approval shall be obtained
from the Zoning 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.
A.
Intent of General Business District B-2. Generally, this district
covers that portion of the Town intended for the conduct of general
business to which the public requires direct and frequent access,
but which is not 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 of congregation
of people and passenger vehicles. This includes such uses as retail
stores, banks, theaters, business offices, newspaper offices, printing
presses, restaurants and taverns, and garages and service stations.
B.
Permitted uses. Within the General Business District B-2 the following
uses are permitted:
(1)
Department stores, variety stores, specialty shops, discount
shops, and appliance stores.
(2)
Bakeries.
(3)
Laundries, dry cleaning shops, and clothes dyeing establishments.
(4)
Living and/or sleeping quarters shall be a permitted use when
constructed above the ground and basement floors. No living and/or
sleeping quarters shall be permitted in any detached accessory building
or structure on the same lot of any building.
[Amended 12-19-2005]
(5)
Retail stores and shops.
(6)
Theaters, assembly halls, playhouses and dinner theaters.
(7)
Hotels.
(8)
Banks and loan and finance offices, including drive-in types.
(9)
Churches and other places of worship, and church school buildings.
(10)
Libraries.
(11)
General hospitals.
(12)
Special care hospitals.
(13)
Funeral home and/or mortuary.
(14)
Automobile service stations and public garages (with major repair
under cover).
(15)
Clubs and lodges.
(16)
Automobile sales.
(17)
Lumber and building supply (with storage under cover).
(18)
Plumbing and electrical supply (with storage under cover).
(19)
Carpentry, cabinet making, furniture refinishing, woodworking,
electrical, plumbing, heating, welding sheet metal, appliance, bicycle,
watch and shoe repair, painting, publishing, lithographing, upholstering,
gunsmith or similar shops, provided that any use shall be conducted
within a completely enclosed building and provided that no part of
a building for such use shall have any opening other than stationary
windows or required fire exits within 100 feet of any residential
district.
(20)
Public utilities.
(21)
Public service and storage buildings.
(22)
Restaurants including dairy product stores and soda fountains,
and drive-in restaurants.
(23)
Newspaper offices and printing shops.
(24)
Business and professional offices.
(25)
Greenhouses.
(26)
Police, fire, and rescue squad stations.
(27)
Post offices.
(28)
Bus stations and taxi stands.
(29)
Radio and television broadcasting studios.
(30)
Public buildings and properties of a cultural, administrative,
or service type.
(31)
Individual residential uses associated with a permitted use
such as the residence of an entrepreneur, but not including subdivisions
and multifamily complexes.
(32)
Parking garages and parking lots.
(33)
Business and vocational schools.
(34)
Off-street parking as required by this chapter.
(36)
Museums.
(37)
Picture frame manufacturing and assembling.
(38)
Single-family detached dwelling, provided that the single-family detached dwelling is existing and otherwise conforms with all other requirements in Chapter 110 as of the date of the adoption of this subsection with lot regulations and accessory uses consistent with R-3 District standards, and there shall be no more than one single-family detached dwelling per lot.
[Added 1-18-2010]
C.
Special exceptions. When after review of an application and hearing thereon, in accordance with Article VIII herein, the following uses may be permitted by special exception permit:
(1)
Wholesale and processing not objectionable because of dust,
noise, or odors.
(2)
Public billiard parlors and pool rooms, bowling alleys, dance
halls, and similar forms of public amusement.
(3)
Satellite antennas.
(4)
Athletic fields, stadiums, and arenas.
(5)
Beverage manufacturing, bottling or distribution stations and
food processing, packaging, or distribution stations.
(6)
Circuses, carnivals, fairs, and sideshows.
(7)
Drive-in theaters, provided that all parts of such drive-in
shall be distant at least 200 feet from any residential district and
provided that the screen shall be located as not to be visible from
adjacent streets or highways, and it shall be set back not less than
200 feet from the established right-of-way of said street or highway.
(8)
Livestock market and sales pavilions.
(9)
Overnight recreational vehicle park.
(10)
Shooting range or gallery.
(11)
Wholesale business, storage or warehouse provided that any such
use shall be distant at least 50 feet from any residential district.
(12)
Existing apartments in structures existing at the time of adoption
of this chapter.
(13)
Commercial kennels and animal hospitals, provided that any structure
or premises used for such purposes shall be located at least 200 feet
from any residential district.
(14)
Swimming pools, skating rinks, golf driving ranges, miniature
golf courses, or similar recreational use or facility if located at
least 200 feet from any residential lot.
(15)
Auction houses.
[Added 12-18-2000]
(16)
Telecommunications facilities.
[Added 12-18-2000]
(17)
Other uses of the same general character as these listed above and deemed appropriate by the Planning Commission and in accordance with Article VIII.
(18)
Adult businesses.
[Added 1-19-2006]
(19)
Structures that were originally designed to be residential in
nature, existed before January 18, 2010, but did not meet the requirements
for single-family dwellings at that time, may be permitted to be returned
to single-family dwellings provided that the following requirements
are met:
[Added 8-17-2015]
(a)
The structure is proven to be habitable.
(b)
The structure meets R-3 District standards.
(c)
The owner certifies that no more than one family will live in
the dwelling.
(d)
Two off-street parking spaces are provided.
(e)
The use of this structure as a residence is not in conflict
with existing businesses.
(20)
Short-term rental, provided the property is a permitted use under § 110-611B(38).
[Added 9-17-2018]
(21)
Motel, motel court, motor hotel, lodge, or inn.
[Added 5-17-2021]
D.
Requirements for permitted uses in the General Business District
B-2. Final grading and site finishing are required on the parcel where
uses are permitted in this district. The execution of this requirement
must take into consideration traffic hazards. Landscaping will be
restricted to a height of three feet within 50 feet of the intersection
of two roads.
E.
Accessory uses. Where a lot is devoted to a permitted principal use,
customary accessory uses and structures are authorized. The following
rules are applicable:
F.
Lot regulations.
(1)
Main building: N/A.
(a)
For permitted uses utilizing individual sewage disposal systems,
the required area for any such use shall be approved by the Health
Official. The Zoning Administrator shall require greater area as considered
necessary by the Health Official.
(b)
Setback: 25 feet.
(c)
Frontage at setback: 50 feet.
(d)
Side yard, one or two sides: zero feet, except where property
located in a business district adjoins or is separated from any residential
district only by a public street or way. In such instances, there
shall be a ten-foot clear and maintained setback on the side or sides
adjoining such residential district.
[Amended 12-20-2004]
(e)
Rear yard: zero feet, except where property located in a business
district adjoins or is separated from any residential district only
by a public street or way. In such instances, there shall be a ten-foot
clear and maintained setback on the side or sides adjoining such residential
district.
[Amended 12-20-2004]
(f)
Maximum height: 35 feet.
[1]
The height limit for dwellings may be increased up to a maximum
of 45 feet and up to three stories, provided that each side yard is
20 feet, 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, or
library, 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, municipal water towers, chimneys,
flues, flagpoles, television antenna 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]
For buildings over 45 feet in height, approval shall be obtained
from the Zoning 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.
(2)
Accessory buildings and uses: zero feet from main building.
(a)
Side yard and rear yard: zero feet, except where property located
in a business district adjoins or is separated from any residential
district only by a public street or way. In such instances, there
shall be a ten-foot clear and maintained setback on the side or sides
adjoining such residential district.
[Amended 12-20-2004]
(b)
Height: 35 feet. Accessory buildings over one story in height
shall be at least 10 feet from any lot line. All accessory buildings
shall not exceed the main building in height.
A.
Intent of Planned Business District B-3. The B-3 Planned Business
Zone is intended to permit the development of neighborhood business
areas, under one ownership or control in those areas of the Town where
there are areas of sufficient size in heavily populated sections and
where sanitary sewers, street access, and public water supply are
adequately provided. Within this district the location of buildings,
design of buildings, parking areas, and other open spaces shall be
controlled in such a manner that it will not be a detriment to the
adjoining residential property or to the neighborhood in general.
B.
Permitted uses. Within the Planned Business Zone, no building, structure, or premises shall be used and no building or structure shall be erected or altered until and unless the same has been approved by the Planning Commission and by Town Council in accordance with the provisions contained in Article VIII, § 110-802, and until and unless the following conditions have been complied with:
(1)
A plot plan indicating the location of present and proposed
buildings, driveways, parking lots, signs, landscaping, and other
necessary uses.
(2)
Preliminary plans for the proposed building or buildings.
(3)
A description of the business operations proposed in sufficient
detail to indicate the effects of those operations in producing safety
hazards, problems of noise, fire, or other factors that may be detrimental
to the health and welfare of the area.
(5)
Any other information the Planning Commission or Town Council
needs to adequately consider the effect that the proposed uses may
have upon the area, and/or the cost of providing municipal services
to the area.
C.
Area regulations. In this district the area regulations, maximum
lot coverage, height regulations, and off-street parking shall comply
with the requirements of the B-2 District, with the additional requirements
as listed below. The Town Council may modify these requirements after
review of the proposed development plan:
[Amended 12-18-2000]
(1)
There shall be a forty-foot setback from the front property
line to the improvements and a twenty-five-foot setback from all adjoining
property to the improvements. This twenty-five-foot setback shall
act as a buffer. At least 10 feet of its width shall be landscaped
and maintained with grass, trees, or shrubs. The remaining fifteen-foot
width can also be maintained as above or can be utilized as part of
the parking area, or simply left as open space, but no building or
signs, or other structural improvements shall be erected upon it.
The buffer zone shall not constitute a site-distance obstruction at
street intersections. The buffer zone, upon completion of the development
of the project, shall be at or near the same grade or plane which
existed prior to the development of the project, unless otherwise
expressly reviewed and approved by the Planning Commission and the
Town Council. The restrictions pertaining to the buffer zone shall
not apply to that portion of the lot fronting on a public street or
highway.
A.
Intent of Light Industrial/Business District M-1. The intent of the
M-1 Industrial/Business District is to accommodate industrial and
business uses that provide desirable employment consistent with the
goal of maintaining environmental quality. The M-1 District is to
permit the manufacturing, compounding, processing, packaging, assembly,
sales and/or treatment of finished or semifinished products from previously
prepared material and to permit commercial businesses and professional
offices.
B.
Permitted uses. Within the Light Industrial/Business District the
following uses are permitted:
(1)
Assembly of electrical appliances, electronic instruments and
devices, radios, and phonographs. Also the manufacture of small parts,
such as coils, condensers, transformers, and crystal holders.
(2)
Automobile assembling, painting, upholstering, repairing, rebuilding,
reconditioning, body and fender work, truck repairing or overhauling,
tire retreading or recapping or battery manufacture.
(3)
Blacksmith shop, welding or machine shop.
(4)
Laboratories-pharmaceutical and/or medical.
(5)
Manufacture, compounding processing, packaging or treatment
of such products as bakery goods, candy, cosmetics, dairy products,
drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries
and food products.
(6)
Manufacture, compounding, assembling or treatment of articles
of merchandise from the following previously prepared materials: bone,
cellophane, canvas, cloth, cork, feathers, precious or semiprecious
metals or stones, shell, straw, textiles, tobacco, wood, yarn, and
paint.
(7)
Manufacture of pottery and figurines or other similar ceramic
products, using only previously pulverized clay and kilns fired only
by electricity or gas.
(8)
Manufacture of musical instruments, toys, novelties, and rubber
and metal stamps.
(9)
Cabinets, furniture and upholstery shops.
(10)
Boat building.
(11)
Monumental stone works.
(12)
Public service or storage buildings.
(13)
Public utilities.
(14)
Public water and sewage systems.
(15)
Animal hospital, kennels.
(16)
Business and professional offices.
(17)
Retail stores and shops.
(18)
Department stores, variety stores, specialty shops, discount
shops, and appliance stores.
(19)
Bakeries.
(20)
Laundries, dry-cleaning shops, and clothes dyeing establishments.
(21)
Living and/or sleeping quarters shall be a permitted use when
constructed above the ground and basement floors. No living and/or
sleeping quarters shall be permitted in any detached accessory building
or structure on the same lot of any building.
[Amended 12-19-2005]
(22)
Theaters, assembly halls, playhouses and dinner theaters.
(23)
Hotels.
(24)
Banks and loan and finance offices, including drive-in types.
(25)
Churches and other places of worship, and church school buildings.
(26)
Libraries.
(27)
General hospitals.
(28)
Special care hospitals.
(29)
Funeral home and/or mortuary.
(30)
Automobile service stations and public garages (with major repair
under cover).
(31)
Clubs and lodges.
(32)
Automobile sales.
(33)
Lumber and building supply (with storage under cover);
(34)
Plumbing and electrical supply (with storage under cover).
(35)
Carpentry, cabinet making, furniture refinishing, woodworking,
electrical, plumbing, heating, welding, sheet metal, appliance, bicycle,
watch and shoe repair, painting, publishing lithographing, upholstering,
gunsmith or similar shops, provided that any use shall be conducted
within a completely enclosed building and provided that no part of
a building for such use shall have any opening other than stationery
windows or required fire exits within 100 feet of any residential
district.
(36)
Restaurants, including dairy product stores and soda fountains,
and drive-in restaurants.
(37)
Newspaper offices and printing shops.
(38)
Greenhouses.
(39)
Police, fire, and rescue squad stations.
(40)
Post offices.
(41)
Bus stations and taxi stands.
(42)
Radio and television broadcasting studios.
(43)
Public buildings and properties of a cultural, administrative,
or service type.
(44)
Individual residential uses associated with a permitted use,
such as the residence of an entrepreneur, but not including subdivisions
and multifamily complexes.
(45)
Parking garages and parking lots.
(46)
Business and vocational schools.
(49)
Museums.
(50)
Picture frame manufacturing and assembling.
(51)
Single-family detached dwelling, provided that the single-family detached dwelling is existing and otherwise conforms with all other requirements in Chapter 110 as of the date of the adoption of this subsection with lot regulations and accessory uses consistent with R-3 District standards, and there shall be no more than one single-family detached dwelling per lot.
[Added 1-18-2010]
C.
Area regulations. In this district the area regulations, maximum
lot coverage, height regulations, and off-street parking shall comply
with the requirements of the B-2 District. The Town Council may modify
these requirements after review of the proposed development plan.
[Amended 12-18-2000]
D.
Special exceptions. When after review of an application and hearing thereon, in accordance with Article VIII herein, the following uses may be permitted by special exception permit:
(1)
Building material sales yards, plumbing supplies storage.
(2)
Coal and wood yards, lumber yards, feed and seed stores.
(3)
Contractor's equipment storage yards or plants, or rental of
equipment commonly used by contractors.
(4)
Mining operations.
(5)
Wholesale businesses, storage warehouses.
(6)
Auction houses.
[Added 12-18-2000]
(7)
Satellite antennas.
[Added 12-18-2000]
(8)
Telecommunications facilities.
[Added 12-18-2000]
(9)
Other uses of the same general character as these listed above and deemed appropriate by the Planning Commission and in accordance with Article VIII.
(10)
Adult businesses.
[Added 1-19-2006]
E.
Accessory uses. Where a lot is devoted to a permitted principal use,
customary accessory uses and structures are authorized. The following
rules are applicable:
F.
Requirements for use.
(1)
Before a building permit shall be issued or construction commenced
on any permitted use in this district, or a permit issued for a new
use, the plans, in sufficient detail to show the operations and processes,
shall be submitted to the Zoning Administrator for study. The Zoning
Administrator may refer these plans to the Planning Commission for
recommendation. Modifications of the plans may be required.
(2)
Landscaping may be required within any established or required
front setback area. The plans and execution must take into consideration
traffic hazards. Landscaping may be permitted up to a height of three
feet, and to within 50 feet from the corner of any intersecting streets.
(4)
Automobile graveyards and junkyards in existence at the time
of the adoption of this chapter are to be considered as nonconforming
uses. Such use shall be completely screened on all sides open to view
from a public road within three years after the adoption of this chapter
or, with respect to such uses on land annexed to the Town after the
adoption of this chapter, within three years after such annexation.
(5)
The Zoning 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 thirty-day period. Failure on the part of the Zoning Administrator
to act on the application within the established time limit shall
be deemed to constitute approval of the application.
A.
Intent of General Industrial District I-1. The primary purpose of
this district is to establish an area where the primary use of land
is for industrial operations, which may create some nuisance, and
which are not properly associated with, nor particularly compatible
with residential, institutional, and commercial service establishments.
The specific intent of this district is to:
(1)
Encourage the construction of and continued use of land for
industrial purposes.
(2)
Prohibit new residential and new commercial use of the land
and to prohibit any other use which would substantially interfere
with the development, continuation, or expansion of industrial type
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.
(4)
To encourage industrial parks.
B.
Permitted uses. Within the General Industrial District I-1 the following
uses are permitted:
(1)
Assembly of electrical appliances, electronic instruments and
devices, radios, and phonographs; also the manufacture of small parts,
such as coils, condensers, transformers, and crystal holders.
(2)
Automobile assembling, painting, upholstering, repairing, rebuilding,
reconditioning, body and fender work, truck repairing or overhauling,
tire retreading or recapping, or battery manufacture.
(3)
Blacksmith shop, welding or machine shop.
(4)
Laboratories-pharmaceutical and/or medical.
(5)
Manufacture, compounding, processing, packaging, or treatment
of such products as bakery goods, candy, cosmetics, dairy products,
drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries,
and food products.
(6)
Manufacture, compounding, assembling or treatment of articles
of merchandise from the following previously prepared materials: bone,
cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass,
hair, horn, leather, paper, plastic, precious or semiprecious metals
or stones, shell, straw, textiles, tobacco, wood, yarn, and paint.
(7)
Manufacture of pottery and figurines or other similar ceramic
products, using only previously pulverized clay, and kilns fired only
by electricity or gas.
(8)
Manufacture of musical instruments, toys, novelties, and rubber
and metal stamps.
(9)
Building material sales yards, plumbing supplies storage.
(10)
Coal and wood yards, lumber yards, feed and seed stores.
(11)
Contractors' equipment storage yards or plants, or rental of
equipment commonly used by contractors.
(12)
Cabinets, furniture and upholstery shops.
(13)
Boat building.
(14)
Monumental stone works.
(15)
Wholesale businesses, storage warehouses.
(16)
Sawmills and planning mills.
(17)
Brick manufacture.
(18)
Off-street parking as required by this chapter.
(19)
Public service or storage buildings.
(20)
Public utilities.
(21)
Public water and sewage systems.
(24)
Radio transmission tower not exceeding 225 feet in height which
shall not be lighted and shall conform in design and coloring to the
environment and pursuant to plans and specifications approved by the
Zoning Administrator and Building Inspector.
C.
Special exceptions. When, after review of an application and hearing thereon, in accordance with Article VIII herein, the following uses may be permitted by special exception permit:
D.
Requirements for permitted uses in the General Industrial District
I-1.
(1)
Before a building permit shall be issued or construction commenced
on any permitted use in this district, or a permit issued for a new
use, the plans, in sufficient detail to show the operations and processes,
shall be submitted to the Zoning Administrator for study. The transfer
of or may refer these plans to the Planning Commission for recommendation.
Modifications of the plans may be required.
(2)
Final grading and site finishing are required on parcels where
uses are permitted in this district. The execution of this requirement
must take into consideration traffic hazards. Landscaping will be
restricted to a height of three feet within 50 feet of the intersection
of two roads.
(3)
The Zoning 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 thirty-day period. Failure on the part of the Zoning Administrator
to act on the application with the established time limit shall be
deemed to constitute approval of the application.
E.
Area regulations. In this district the area regulations, maximum
lot coverage, height regulations, and off-street parking shall comply
with the requirements of the B-2 District. The Town Council may modify
these requirements after review of the proposed development plan.
[Amended 12-18-2000]
[Amended 12-18-2000; 1-21-2008; 6-15-2015]
A.
Authority and purpose.
(1)
This section is adopted pursuant to the authority granted to
localities by the Code of Virginia § 15.2-2280.
(2)
The purpose of these provisions 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, and the
impairment of the tax base by:
(a)
Regulating uses, activities, and development which, acting alone
or in combination with other existing or future uses, activities,
and development, will cause unacceptable increases in flood heights,
velocities, and frequencies.
(b)
Restricting or prohibiting certain uses, activities, and development
from locating within areas subject to flooding.
(c)
Requiring all those uses, activities, and developments that
do occur in flood-prone areas to be protected and/or floodproofed
against flooding and flood damage.
(d)
Protecting individuals from buying lands and structures which
are unsuited for intended purposes because of flood hazards.
B.
Applicability. These provisions shall apply to all lands within the
jurisdiction of the Town of Elkton and identified as being flood-prone
as stipulated in this section.
C.
Compliance.
(1)
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 section and any other applicable ordinances and regulations which
apply to uses within the jurisdictions of this section.
(2)
The degree of flood protection sought by the provisions of this
section is considered reasonable for regulatory purposes and is based
on acceptable engineering methods of study. Larger floods may occur
on rare occasions. Flood heights may be increased by man-made or natural
causes, such as ice jams and bridge openings restricted by debris.
This section does not imply that districts outside the floodplain
district or that land uses permitted within such district will be
free from flooding or flood damages.
(3)
Records of actions associated with administering this section
shall be kept on file and maintained by the Zoning Administrator.
(4)
This section shall not create liability on the part of the Town
of Elkton or any officer or employee thereof for any flood damages
that result from reliance on this section or any administrative decision
lawfully made hereunder.
D.
Abrogation and greater restrictions. This section shall supersede
the provisions of any other ordinance or regulation with regard to
development in flood-prone areas. However, the provisions of any underlying
ordinance shall remain in full force and effect to the extent that
those provisions are more restrictive.
E.
BASE FLOOD
BASE FLOOD ELEVATION
BASEMENT
DEVELOPMENT
ELEVATED BUILDING
ENCROACHMENT
FLOOD or FLOODING
(1)
(2)
FLOODPLAIN or FLOOD-PRONE AREA
FLOODWAY
FREEBOARD
HISTORIC STRUCTURE
(1)
(2)
(3)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK/SUBDIVISION, EXISTING
NEW CONSTRUCTION
ONE-HUNDRED-YEAR FLOOD
RECREATIONAL VEHICLE
SHALLOW FLOODING AREA
SPECIAL FLOOD HAZARD AREA
START OF CONSTRUCTION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
WATERCOURSE
Definitions. The following definitions shall apply in the interpretation
and enforcement of this section:
A flood having a one-percent chance of being equaled or exceeded
in any given year.
The Federal-Emergency-Management-Agency- designated one-hundred-year
water surface elevation.
Any area of the building having its floor subgrade (below
ground level) on all sides.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, the
placement of manufactured homes, street and other paving, utilities,
mining, dredging, filling, grading, paving, excavation or drilling
operations or storage of equipment or materials.
A no-basement building built to have the lowest floor elevated
above the ground level by means of fill, solid foundation perimeter
walls, pilings, or columns (posts and piers).
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 a floodplain.
A general and temporary condition of partial or complete inundation
of normally dry land areas from the overflow of inland waters or the
unusual and rapid accumulation or runoff of surface waters from any
source; or
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection (1) of this definition.
Any land area susceptible to being inundated by water from
any source.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. "Freeboard" tends to
compensate for the many unknown factors that could contribute to flood
heights greater than the height calculated for a selected size flood
and floodway conditions, such as bridge openings and the hydrological
effect of urbanization in the watershed.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirement
for individual listing on the National Register;
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; or
Individually listed on the Virginia State Inventory of Historic
Places.
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 nonelevation design requirements of Federal Code
44 CFR § 60.3.
A structure, transportable in one or more sections, which
is eight feet or more in width and 40 feet or more in length, or when
erected is 320 or more square feet in area, and which is built on
a permanent chassis and is designed to be used with or without a permanent
foundation when connected to the required utilities, and includes
the plumbing, heating, air-conditioning and electrical systems contained
therein. For the purposes of this section, the term includes park
trailers, travel trailers, and recreational and other similar vehicles
which are placed on site for more than 180 consecutive days.
A parcel or contiguous parcels of land divided into two or
more lots for rent or sale for which the construction of facilities
for servicing the lot on which the manufactured home is to be affixed,
including, at a minimum, the installation of utilities, either final
site grading or the pouring of concrete pads, and the construction
of streets, is completed before the effective date of the ordinance
codified in this section.
For the purposes of determining insurance rates, structures
for which the start of construction commenced on or after June 15,
1978, and includes any subsequent improvements to such structures.
For floodplain management purposes, new construction means structure
for which the start of construction commenced on or after the effective
date of a floodplain management regulation adopted by a community
and includes any subsequent improvements to such structure.
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year).
A vehicle which is built on a single chassis, is 400 square
feet or less when measured at the largest horizontal projection, is
designed to be self-propelled or permanently towable by a light-duty
truck, and which is designed not for use as a permanent dwelling but
as temporary living quarters for recreational camping, travel, or
seasonal use.
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.
The land in the floodplain subject to a one-percent or greater
chance of being flooded in any given year.
The date the building permit was issued, provided that the
actual start of construction, repair, reconstruction, rehabilitation,
addition, placement, substantial improvement or other improvement
was within 180 days of the permit date. The actual start means either
the first placement of permanent construction of a structure on a
site, such as the pouring of slabs or footings, the installation of
piles, the construction of columns, or any work beyond the stage of
excavation. Permanent construction does not include land preparation,
such as clearing, grading and filling; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For
a substantial improvement, the actual start of the construction means
the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
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% of the market value of the structure before the
damage occurred.
Any reconstruction, rehabilitation, addition or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage
regardless of the actual repair work performed. The term does not,
however, include either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions;
or
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
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.
F.
Basis for establishment and description of floodplain districts.
(1)
The various floodplain districts shall include areas subject
to inundation by waters of the one-hundred-year flood. The basis for
the delineation of these districts shall be the Flood Insurance Study
and Flood Insurance Rate Map for the Town of Elkton, prepared by the
Federal Emergency Management Agency (FEMA), Federal Insurance Administration,
dated February 6, 2008, and any other subsequent revisions or amendments
thereto.[1]
(a)
The Floodway District is delineated for purposes of this section
using the criteria that a certain area within the floodplain must
be capable of carrying the waters of the one-hundred-year flood without
increasing the water surface elevation of that flood more than one
foot at any point. The areas included in this District are specifically
defined in Table 2 of the above-referenced Flood Insurance Study and
shown on the accompanying Flood Insurance Rate Map (FIRM).
(b)
The Flood-Fringe District shall be that area of the one-hundred-year
floodplain not included in the Floodway District. The basis for the
outermost boundary of this district shall be the one-hundred-year
flood elevations contained in the flood profile of the above-referenced
Flood Insurance Study and as shown on the accompanying Flood Insurance
Rate Map (FIRM).
(c)
The Approximated Floodplain District shall be that floodplain
area for which no detailed flood profiles or elevations are provided
but where a one-hundred-year floodplain has been approximated. Such
areas are shown on the Flood Insurance Rate Map. For these areas,
the one-hundred-year flood elevations and floodway information from
federal, state and other acceptable sources shall be used when available.
Where the specific one-hundred-year flood elevation cannot be determined
for this area using other sources of data, such as the United States
Army Corps of Engineers, Floodplain Information Reports, United States
Geological Survey flood-prone quadrangles, etc., then the applicant
for the proposed use, development, and/or activity shall determine
this elevation in accordance with hydrologic and hydraulic engineering
techniques. Hydrologic and hydraulic analyses shall be undertaken
only by professional engineers or others of demonstrated qualifications,
who shall certify or present evidence that the technical methods used
correctly reflect currently accepted technical concepts. Studies,
analyses, computations, etc., shall be submitted in sufficient detail
to allow a thorough review by the Town of Elkton. The hydrologic and
hydraulic analysis shall be provided to the Town by the applicant
at the applicant's cost.
(d)
The Special Floodplain District shall be that floodplain area
where one-hundred-year flood profiles or elevations have been provided
in the Flood Insurance Study but where a floodway has not been delineated
on the FIRM. These areas are shown on the Flood Insurance Rate Map
as an AE or A Zone.
[1]
Editor's Note: Said Flood Insurance Study and Flood Insurance
Rate Map are on file in the Town offices.
(2)
All building permit applications issued for any of the various
floodplain districts, as defined in this section, shall incorporate
the following information:
(a)
For structures that have been elevated, the elevation of the
lowest floor (including basement).
(b)
For structures that have been floodproofed (nonresidential only),
the elevation to which the structure has been floodproofed.
(c)
The elevation of the one-hundred-year flood and topographic
information showing existing and proposed ground elevations.
(d)
The zoning approval for the use.
G.
Overlay concept.
(1)
The floodplain districts described above shall be overlays to
the existing underlying zoning districts as shown on the Official
Zoning Map, and, as such, the provisions for the floodplain districts
shall serve as supplemental provisions to the underlying district
provisions.
(2)
Where there happens to be any conflict between the provisions
or requirements of any of the floodplain districts and those of any
underlying zoning district, the more restrictive provisions and/or
those pertaining to the floodplain districts shall apply.
(3)
In the event any provisions concerning a floodplain district
are declared inapplicable as a result of any legislative or administrative
actions or judicial decision, the basic underlying district provisions
shall remain applicable.
H.
Official map. The boundaries of the floodplain districts are established
as shown on the Flood Boundary and Floodway Map and Flood Insurance
Rate Map which is declared to be a part of this section and which
shall be kept on file at the Town offices.
I.
District boundary changes. The delineation of any of the floodplain
districts may be revised by the Town Council of the Town of Elkton
where natural or man-made changes have occurred and/or more detailed
studies conducted or undertaken by the United States Army Corps of
Engineers or other qualified agency or an individual documents the
need or possibility for such change. However, prior to such change,
approval must be obtained from the Federal Insurance Administration.
J.
Interpretation of district boundaries. Initial interpretations of
the boundaries of the floodplain districts shall be made by the Zoning
Administrator. Should a dispute arise concerning the boundaries of
any of the districts, the Town Council of the Town of Elkton shall
make the necessary determination. The persons questioning or contesting
the location of the district boundary shall be given a reasonable
opportunity to present the case to the Town Council and to submit
his or her own technical evidence if he or she so desires.
K.
A community's base flood elevations may increase or decrease resulting
from physical changes affecting flooding conditions. As soon as practical,
but not later than six months after the date such information becomes
available, a community shall notify the Federal Emergency Management
Agency of the changes by submitting technical or scientific data.
The community may submit data via a Letter of Map Revision (LOMR).
Such a submission is necessary so that upon confirmation of those
physical changes affecting flooding conditions, risk premium rates
and floodplain management requirements will be based upon current
data.
L.
District provisions.
(1)
All uses, activities, and development occurring within a floodplain 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 section and with all other applicable codes and ordinances, such as the Virginia Uniform Statewide Building Code and Article IX, Subdivision Regulations, of this chapter. Prior to the issuance of any such permit, the Zoning Administrator shall require all applications to include compliance with all applicable state and federal laws and shall review all sites to assure they are reasonably safe from flooding.
(2)
Under no circumstances shall any use, activity, and/or development
adversely affect the capacity of the channels or floodway or any watercourse,
drainage ditch, or any other drainage facility or system throughout
the Town of Elkton or other adjacent developed areas.
(3)
Prior to any proposed alteration or relocation of any channels
or floodways of any watercourse, stream, etc., within this jurisdiction,
a permit from the United States Corps of Engineers and the Virginia
Marine Resources Commission and certification from the Virginia State
Water Control Board is necessary. Further notification of the proposal
shall be given to all affected adjacent jurisdictions, the Division
of Dam Safety and Floodplain Management (Department of Conservation
and Resources), and the Federal Insurance Administration. (Note: A
joint permit application is available from any one of these organizations.)
(4)
Within the special floodplain area no new construction or development
shall be allowed unless it is demonstrated that the cumulative effect
of the proposed development, when combined with other existing and
anticipated development, will not increase the elevation of the one-hundred-year
flood more than one foot at any point.
(5)
Standards for manufactured homes and recreational vehicles.
(a)
Manufactured homes shall be allowed only in manufactured home
parks. All manufactured homes placed or substantially improved in
existing or new manufactured home parks or subdivisions or in an existing
manufactured home park or subdivision on which a manufactured home
has incurred substantial damage must meet all the requirements for
new construction, including elevation and anchoring requirements.
(b)
All manufactured homes placed or substantially improved in an
existing or new manufactured home park or subdivision must be elevated
so that:
[1]
The lowest floor of the manufactured home is elevated no lower
than one foot above the base flood elevation; or
[2]
The manufactured home chassis is supported by reinforced piers,
or other foundation elements of at least an equivalent strength, of
no less than 36 inches in height above the grade. (This subsection
applies only to a new manufactured home that will be placed in an
existing manufactured home park or subdivision in which no homes have
suffered substantial damage from flooding.)
[3]
The manufactured home must be securely anchored to the adequately
anchored foundation system to resist flotation, collapse and lateral
movement.
(c)
All recreational vehicles placed on sites must:
[1]
Be on the site for fewer than 90 consecutive days;
[2]
Be fully licensed and ready for highway use. (A recreational
vehicle is ready for highway use if it is on its wheels or jacking
system, is attached to the site only by quick-disconnect-type utilities
and security devices and has no permanently attached additions.)
M.
Floodway District.
(1)
In the Floodway District, encroachments, including fill, new
construction, substantial improvements or other development, shall
be prohibited unless certification (with supporting technical data)
by a registered professional engineer is provided by the applicant,
demonstrating that encroachments shall not result in any increase
in flood levels during occurrence of the base flood discharge throughout
the Town of Elkton or adjacent developed areas.
(2)
The placement of manufactured homes, except in an existing manufactured home park or subdivision, within the Floodway District is specifically prohibited. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision, provided that the requirements set out in § 110-615L(5) are met.
(3)
Permitted uses:
(a)
Agricultural uses, such as general farming, pasture, grazing,
outdoor plant nurseries, horticulture, truck farming, forestry, sod
farming, and wild-crop harvesting.
(b)
Public and private recreational uses and activities, such as
parks, day camps, picnic grounds, golf courses, boat launching and
swimming areas, hiking, and horseback riding trails, wildlife and
nature preserves, game farms, fish hatcheries, trap and skeet game
ranges, and hunting and fishing areas.
(c)
Accessory residential uses, such as yard areas, gardens, play
areas, and pervious loading areas.
(d)
Accessory industrial and commercial uses, such as yard areas,
pervious parking and loading areas, airport landing strips, etc.
(4)
Uses permitted by special exception. The following uses and
activities may be permitted by special exception, provided that they
are in compliance with the provisions of the underlying district and
are not prohibited by this section or any other ordinance:
(a)
Structures, except for mobile homes, accessory to the uses and activities in § 110-615M(3).
(b)
Utilities and public facilities and improvements, such as railroads,
streets, bridges, transmission lines, pipelines, water and sewage
treatment plants, and other similar or related uses.
(c)
Water-related uses and activities, such as marinas, docks, wharves,
piers, etc.
(d)
Extraction of sand, gravel, and other materials (where no increase
in the level of flooding or velocity is caused thereby).
(e)
Temporary uses, such as circuses, carnivals, and similar activities.
(f)
Storage of materials and equipment, provided that they are not
buoyant, flammable or explosive and are not subject to major damage
by flooding, or provided that such material and equipment is firmly
anchored to prevent flotation or movement, and/or can be readily removed
from the area within the time available after flood warning.
(g)
Telecommunications facilities.
(h)
Other similar uses and activities, provided that they cause
no increase in flood heights and/or velocities. All uses, activities,
and structural development shall be undertaken in strict compliance
with the floodproofing provisions contained in all other applicable
codes and ordinances.
N.
Flood-Fringe and Approximated Floodplain Districts and Special Floodplain
Districts.
(1)
In the Flood-Fringe and Approximated Floodplain and Special
Floodplain Districts, the development and/or use of land shall be
permitted in accordance with the regulations of the underlying districts,
provided that all such uses, activities, and/or development shall
be undertaken in strict compliance with the floodproofing and related
provisions contained in the Virginia Uniform Statewide Building Code
and all other applicable codes and ordinances. Before any such development
or use, the lowest floor of any structure must be no less than one
foot above the base flood elevation or floodproofed to no less than
one foot above the base flood elevation. The placement of any manufactured
home, except in an existing manufactured home park or subdivision,
within the floodplain district is specifically prohibited.
(2)
Within the Approximated Floodplain District, all new subdivision
proposals and other proposed developments (including proposals for
manufactured home parks and subdivisions) greater than 50 lots or
five acres, whichever is less, shall include within such proposals
base elevation data. The applicant shall also delineate a floodway
area based on the requirement that all existing and future development
not increase the one-hundred-year flood elevation more than one foot
at any one point. The engineering principle "equal reduction of conveyance"
shall be listed to make the determination of increased flood heights.
O.
Special exceptions and variances.
(1)
Additional factors to be satisfied. In passing upon applications
for special exceptions and variances, the Planning Commission or Board
of Zoning Appeals shall satisfy all relevant factors and procedures
in other sections of this chapter and the following factors:
(a)
The danger to life and property due to increased flood heights
or velocities caused by encroachments. No special exception or variance
shall be granted for any proposed use, development, or activity within
the Floodway District that will cause any increase in flood levels
during the one-hundred-year flood.
(b)
The danger that materials may be swept onto other lands or downstream
to the injury of others.
(c)
The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination, and unsanitary
conditions.
(d)
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owners.
(e)
The importance of the services provided by the proposed facility
to the community.
(f)
The requirements of the facility for a waterfront location.
(g)
The availability of alternative locations not subject to flooding
for the proposed use.
(h)
The compatibility of the proposed use with existing development
and development anticipated in the foreseeable future.
(i)
The relationship of the proposed use to the Comprehensive Plan
and floodplain management program for the area.
(j)
The safety of access to the property in times of flood for ordinary
and emergency vehicles.
(k)
The expected heights, velocity, duration, rate of rise, and
sediment transport of the floodwaters expected at the site.
(l)
The repair or rehabilitation of historic structures upon a determination
that the proposed repair or rehabilitation will not preclude the structure's
continued designation as an historic structure and that the variance
is the minimum necessary to preserve the historic character and design
of the structure.
(m)
Such other factors which are relevant to the purposes of this
section.
(n)
No special exceptions or variance shall be granted for any development
within the Special Floodplain District that, together with all other
existing and anticipated development, would increase the one-hundred-year-flood
elevation more than one foot at any point.
(2)
The Planning Commission or Board of Zoning Appeals may refer
any 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.
(3)
Special exceptions and/or variances shall only be issued after
the Planning Commission or Board of Zoning Appeals has determined
that the granting of such will not result in:
(4)
Special exceptions or variances shall be issued only after the
Planning Commission or Board of Zoning Appeals has determined that
the special exception or variance will be the minimum required to
provide relief from an exceptional hardship to the applicant.
(5)
The Planning Commission or Board of Zoning Appeals 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 one-hundred-year-flood elevation:
(6)
A record of the above notification, as well as all variance
actions, including justification for their issuance, shall be maintained,
and any variances which are issued shall be noted in the annual report
submitted to the Federal Insurance Administrator.
P.
Existing structures in floodplain districts. 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 these provisions
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).
(2)
Any modification, alteration, repair, reconstruction, or improvement
of any kind to a structure and/or use located in any floodplain district
to an extent or amount of less than 50% of its market value shall
be constructed according to the Virginia Uniform Statewide Building
Code and this section and elevated and/or floodproofed to the greatest
extent possible.
(3)
The modification, alteration, repair, reconstruction, or improvement
of any kind to a structure and/or use, regardless of its location
in a floodplain district, to an extent or amount of 50% or more of
its market value shall be considered substantial improvement and shall
be undertaken only in full compliance with the provisions of the Virginia
Uniform Statewide Building Code and this section.
(4)
Uses of adjuncts thereof which are or become nuisances shall
not be permitted to continue.
(5)
No expansion or enlargement of an existing structure or use
shall be allowed in the Special Floodplain District that, together
with all other existing and anticipated development, would increase
the one-hundred-year flood elevation more than one foot at any point
throughout the Town of Elkton or adjacent developed areas.
(6)
The substantial damage or improvement of any structure shall
require the entire structure to be brought into full compliance with
the provisions of this chapter and the Virginia Uniform Statewide
Building Code.
Q.
Flood hazard mitigation. Within the Floodway, Flood Fringe District,
the Approximated Floodplain District and/or the Special Floodplain
District, as delineated, the following additional provisions shall
be met:
(1)
All electric water heaters, electric furnaces and other critical
electrical installations shall be permitted only at no lower than
one foot above the one-hundred-year floodplain.
(2)
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.
(3)
Adequate drainage shall be provided to minimize exposure to
flood heights.
(4)
The preliminary plat requirements shall include a map showing
the location of the proposed subdivision and/or land development with
respect to any designated Floodplain District, including information
on, but not limited to, the one-hundred-year flood elevations, boundaries
of the floodplain districts, proposed lots and sites, fills, flood
or erosion protective facilities, and areas subject to special deed
restrictions.
R.
Severability. If any section, subsection, paragraph, sentence, clause,
or phrase of this section shall be declared invalid for any reason
whatsoever, such decision shall not affect the remaining portions
of this section which shall remain in full force and effect, and for
this purpose the provisions of this section are hereby declared to
be severable.
S.
Municipal liability.
(1)
The degree of flood protection sought by the provisions of this
section is considered reasonable for regulatory purposes and is based
on acceptable engineering methods of study. Larger floods may occur
on rare occasions. Flood heights may be increased by man-made or natural
causes, such as ice jams and bridge openings restricted by debris.
This section does not imply that areas outside the floodplain districts
or that land uses permitted within such districts will be free from
flooding or flood damages.
(2)
This section shall not create liability on the part of the Town
of Elkton or any officer or employee thereof for any flood damages
that result from reliance on this section or any administrative decision
lawfully made thereunder.
A.
Statement of intent. This district is established for the specific
purpose of facilitating existing or future forest or agricultural
operations, conservation of water and other natural resources, reducing
soil erosion, protecting watersheds, and reducing hazards from flood
and fire.
B.
Permitted uses. In the Agricultural and Limited Uses District A-1,
structures to be erected, or land to be used, shall be for one or
more of the following uses:
(1)
Single-family dwellings.
(2)
Agriculture.
(3)
Dairying and forestry.
(4)
Parks and playgrounds.
(5)
Campgrounds.
(6)
Churches or houses of worship and related parish cemeteries.
(7)
Nurseries, greenhouses.
(9)
Home occupations.
(10)
Off-street parking.
(11)
Private lodge.
(12)
Public buildings and utilities.
[Added 11-19-1990]
(13)
Manufactured homes that are 19 or more feet in width, on a permanent
foundation and on an individual lot.
[Added 11-19-1990]
C.
Special exceptions. In the Agricultural and Limited Uses District
A-1, special exception permits may be granted for one or more of the
following uses:
(2)
Sawmills.
(3)
Booster or relay stations, transformer substations, transmission
lines and towers, pipes, meters and other facilities for the provision
and maintenance of public utilities, including railroads and facilities,
and water and sewerage installations.
(4)
Television and radio stations, and transmitting antennas.
(5)
General or convenience stores.
(6)
Veterinary hospitals, provided that no enclosure containing
animals or odor or dust producing substance shall be located closer
than 200 feet from a property line and that for hospitals treating
other than customary pet animals, the operation shall be conducted
on a tract of land not less than five acres in area.
(7)
Telecommunications facilities.
[Added 12-18-2000]
D.
Accessory uses. Where a lot is devoted to a permitted principle use,
customary accessory uses and structures are authorized, including,
but not limited to, the following:
[Added 4-17-2017]
(1)
Living quarters of persons principally employed on the premises.
(2)
Travel trailers, which may be stored within the minimum yard
requirements and shall be prohibited from occupancy.
(3)
Temporary buildings or office trailers for uses incidental to
construction work; such buildings shall be removed upon completion
or abandonment of the construction work.
(6)
Private parking garage.
(7)
Shelter for house pets.
(8)
Private swimming pool.
(9)
Satellite antenna.
E.
Lot regulations.
[Added 4-17-2017]
(1)
Main building:
(b)
Setback: 30 feet.
(c)
Frontage at setback: 175 feet.
(e)
Rear yard: 35 feet.
(f)
Maximum height: 35 feet.
[1]
The height limit for dwellings may be increased up to a maximum
of 45 feet and up to three stories, provided that each side yard is
20 feet, 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, or
library, may be erected to a height of 60 feet from grade, provided
that the required front, side, and rear yards shall be increased one
foot for each foot in height over 35 feet.
[3]
Church spires, belfries, cupolas, municipal water towers, chimneys,
flues, flagpoles, television antenna 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]
For buildings over 45 feet in height, approval shall be obtained
from the Zoning Administrator. Chimneys, flues, cooling towers, flagpoles,
radio or communication towers, or their accessory facilities, not
normally occupied by workers 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.
(2)
Accessory buildings and uses: 10 feet from main building.
(a)
Side yard: five feet.
[1]
Add 15 feet for corner lots.
[2]
Minimum side yard requirement of this chapter, for yards facing
streets, shall not apply to any lot where the average side yard on
developed lots within the same block and zoning district and fronting
on the same street is less than the minimum. In such cases, the side
yard on such lot may be less than the required side yard, but not
less than the average of the existing side yards on the existing developed
lots.
(b)
Rear yard: five feet.
(c)
Height: 35 feet. Accessory buildings over one story in height
shall be at least 10 feet from any lot line. All accessory buildings
shall not exceed the main building in height.
