This chapter for the City of Galax, Virginia,
is designed to carefully balance the fundamental property rights and
interests of the private citizens with the needs of the community
as a whole, as set forth in the City of Galax Comprehensive Plan.
This chapter shall be known and cited as the
"Zoning Ordinance of Galax, Virginia. "The map portion may be cited
separately as the "Zoning Map of Galax, Virginia."
A.
This chapter and map are adopted according to the
authority of Title 15.1, Chapter XI, Article 8, §§ 15.1-486
through 15.1-498 et seq., Code of Virginia 1950, as amended.
B.
As specified therein, the City of Galax is authorized
to provide for the establishment of districts within the corporate
limits, in which the City may regulate, restrict, permit, prohibit
and determine:
(1)
The use of land, buildings, structures and other premises
for agricultural, business, industrial, residential, flood protection
and other specific uses.
(2)
The size, height, area, bulk, location, erection,
construction, reconstruction, alteration, repair, maintenance, razing
or removal of structures.
(3)
The areas and dimensions of land, water and air space
to be occupied by buildings, structures and uses and of courts, yards
and other open spaces to be left unoccupied by uses and structures,
including the establishment of minimum lot sizes based on whether
a public or community water supply or sewer system is available and
used.
(4)
The excavation or mining of soil or other natural
resources.
The provisions of this chapter shall apply to
all land within the corporate limits of the City of Galax, Virginia.
In their interpretation and application, the
provisions of this chapter shall be held to be the minimum requirements
for the promotion of the public health, safety, morals and general
welfare of the residents of Galax.
A.
Other laws. Where the conditions imposed by any provisions
of this chapter upon the use of land or buildings or upon the height
or bulk of buildings are either more restrictive or less restrictive
than comparable conditions imposed by any other provision of this
chapter or of any other law, resolution, ordinance, rule or regulation
of any kind, the regulations which are more restrictive shall apply.
B.
Private restrictions. This chapter is not intended
to override any easement, covenant or any other private agreement,
provided that where the regulations of this chapter are more restrictive
or impose higher standards or requirements than such easements, covenants
or other private agreements, the requirements of this chapter shall
govern.
The provisions of this chapter are cumulative
with additional limitations imposed by all other laws and ordinances
previously passed or which may be passed after the adoption of this
chapter, governing any subject matter appearing in this chapter.
Nothing contained in this chapter shall be deemed
to be a consent, license or permit to use any property or to locate,
construct or maintain any building, structure or facility or to carry
on any trade, industry, occupation or activity.
A.
Use, buildings and structures. Upon the effective
date of this chapter, no use, building or other structure shall hereafter
be erected or altered in such manner as to become nonconforming or
more nonconforming as to exceed the height or bulk, accommodate or
house a greater number of families, occupy a greater percentage of
lot area, have more narrow or smaller rear yards, front yards, side
yards or other open space than specified in each district or be used
in any manner contrary to the provisions of this chapter; nor to reduce
the amount of required parking or other minimum standards set forth
in this chapter.
B.
Yard or lot. No yard or lot existing at the time of
passage of this chapter shall be reduced in dimension or area below
the minimum requirements set forth herein. Yards or lots created after
the effective date of this chapter shall meet at least the minimum
requirements established by this chapter.
Nothing in this chapter shall be construed to
authorize the impairment of any vested right. All uses existing upon
June 30, 1971 (the date of original adoption), which do not conform
to the zoning prescribed for the district in which they are situated
may be continued so long as the use continues and such use is not
discontinued for more than one year in situations not involving a
structure or two years where a nonconforming building is involved.
The following definitions shall apply for the
interpretation of this chapter. The dictionary definition will apply
to all words not defined in this section.
An activity or structure that is customarily associated with
and is appropriately incidental and subordinate to an existing established
principal activity and/or structure and located on the same lot, except
as provided for under the provisions of accessory off-street parking.
Any activity or structure that is customarily associated
with and is appropriately incidental and subordinate to the cultivation,
breeding or maintenance of hay, grasses and other feed products, forest
products, horses, cattle, sheep, goats and poultry and greenhouses.
A public way intended to provide only secondary vehicular
access to abutting properties.
Any lot or place which is exposed to the weather upon which
more than five unlicensed motor vehicles of any kind, incapable of
being operated, are placed.
Establishments with the primary purpose of cleaning or repairing
motor vehicles.
The bottom floor of a building which is more than 12 inches,
but not more than 1/2 of its height, below the average level of the
adjoining ground [as distinguished from a "cellar," which is more
than 1/2 below such level].
A house where lodging is provided for compensation on either
a weekly or monthly basis, which may or may not include sleeping rooms,
meals and bath facilities.
A structure, either temporary or permanent, having a roof
or other covering and designed or used for the shelter or enclosure
of any person, animal or property of any kind, including tents, awnings
or vehicles situated on private property and used for the purposes
of a "building."
The vertical distance from grade plane to the average height
of the highest roof surface.
[Amended 9-10-2007]
The size of buildings or other structures and their relationship
to each other, to open areas and to lot lines, therefore including:
The size, including the height and floor area,
of buildings or other structures, and which may be expressed as percent
of lot coverage.
The area of the lot upon which a residential
building is located, and the number of dwelling units within each
building in relation to the area of the lot.
The location of exterior walls of buildings
or other structures in relation to lot lines, to other walls of the
same building or to other structures.
All open areas relating to buildings or other
structures and their relationship thereto.
The bottom floor of a building which is more than 12 inches
and has more than 1/2 its height below the average level of the adjoining
ground.
An establishment where persons are given medical, dental
or surgical treatment by one but not more than four physicians or
dentists, with no patients lodged overnight.
A tower of any type which supports or is intended to support
communication (broadcast and/or receiving) equipment and accessory
equipment utilized by commercial, governmental or other public and
quasi-public users, not to include home use of radio and television
antennas and support structures, satellite dishes or antennas and
support structures, satellite dishes or antennas and support structures
of amateur radio operators licensed by the Federal Communications
Commission. A communication tower includes any structure greater than
50 feet in height that is designed and constructed primarily for the
purpose of supporting one or more antennae, including self-supporting
lattice towers, guy towers, or monopole towers. The term encompasses
personal wireless service facilities, radio and television transmission
towers, microwave towers, common-carrier towers, cellular telephone
towers or personal communications services towers, alternative tower
structures, and the like. When all or a portion of the tower is supported
by guy wires, such wires and their anchors shall be considered a part
of the tower for purposes of measuring setbacks and separations from
adjacent uses.
[Added 2-12-2008]
A structure or location where knowledge is taught.
A use that would not be appropriate generally or without
restriction throughout the district but which, if controlled as to
number, area, location or relation to the neighborhood, would promote
the public health, safety, welfare, morals, order, comfort, convenience,
appearance, prosperity or general welfare.
Any establishment involved in the sale of materials for the
erection of structures.
Any neighborhood retail establishment which caters to the
everyday needs of the adjoining residential areas, such as small country
stores offering a variety of goods or services, not to exceed 2,500
square feet in floor area.
That portion or the open space within the boundaries of a
planned unit development which is improved for recreational purposes.
Such improvements may include but shall not be limited to pedestrian
ways and bicycle paths, play lots and playgrounds, tennis courts and
swimming and boating areas. All open space, including development
open space, shall be specifically included in the development schedule
and be constructed and fully improved by the developer at an equivalent
or greater rate than the construction of residential structures.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures; the placement
of mobile homes; streets; and other paving, utilities, filling, grading,
excavation, mining, dredging or drilling operations.
A detached, single-family dwelling or commercial unit with
a permanent steel chassis possessing all of the following characteristics:
Designed for long-term occupancy and containing
a flush toilet, with plumbing and electrical connections provided
for the attachment to outside systems.
Designed to be transported after fabrication
on its own wheels.
Having a United States Department of Housing
Inspection Seal or Code.
Arriving at the site where it is to be occupied
as a complete unit ready for occupancy except for minor and incidental
unpacking and assembly operations, the location of foundation supports,
connections to utilities and the like.
A single-family dwelling unit that is constructed basically
as a conventionally built wood frame house, except that it is built
at a factory and is transported to the site on which it will be permanently
located. The modular home may not have a permanent steel chassis and
may have either a Department of Housing and Urban Development or Basic
Building Code Seal.
A building containing three or more dwelling units. The term
includes cooperative apartments, condominiums and the like.
A dwelling unit located within a structure in which the principal
activity is a commercial, professional or general personal service
activity.
A single-family dwelling entirely separated from structures
on adjacent lots.
A detached residential building containing two dwelling units,
designed for occupancy by not more than two families.
A room or rooms connected together, constituting a separate
independent housekeeping establishment for one family only, for owner
occupancy or for rental, lease or other occupancy on a weekly or longer
basis, physically separated from any other rooms or dwelling units
and containing independent cooking and sleeping and bathing facilities.
An individual or a group of two or more persons related by
blood, marriage or adoption, together with not more than three additional
persons not related by blood, marriage or adoption, living together
as a single housekeeping unit.
A general and temporary inundation of normally dry land areas.
A one-hundred-year flood is a flood that, on the average, is likely
to occur once every 100 years (i.e., that has one-percent chance of
occurring each year, although the flood may occur in any year).
The area within a floodplain which is necessary for the passage
of floodwaters, in which no structure may be built.
The total of the gross areas of all floors, including usable
basements and cellars, below the roof and within the outer surface
of the main walls of principal or accessory buildings or the center
lines of party walls separating such buildings or portions thereof,
but excluding the following:
Areas used for off-street parking spaces or
loading berths, driveways and maneuvering aisles relating thereto
required in this chapter.
In the case of nonresidential facilities, arcades,
porticoes and similar open areas which are located at or near the
street level, which are accessible to the general public and which
are not designed or used as sales, display, storage, service or production
areas.
Any establishment not involved in the transaction of goods
which caters to the needs of individuals, not including massage parlors.
The accessory use of a dwelling unit for limited occupational purposes. The use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof (detailed requirements in § 160-156)
[Amended 1-14-2002]
An institution rendering medical, surgical, obstetrical or
convalescent care, including nursing homes, homes for the aged and
sanatoriums.
Changes or replacements in the nonstructural
parts of a building or other structure, without limitation to the
following examples:
The alteration of interior partitions to improve
livability in a nonconforming residential building, provided that
no additional dwelling units are created.
A minor addition to the exterior of a residential
building, such as an open porch.
Alterations of interior non-load-bearing partitions
in all other types of buildings or other structures.
The replacement of, or minor changes in the
capacity of, utility pipes, ducts or conduits.
Changes or replacements in the structural parts
of a building or other structure, limited to the following examples
or others of similar character or extent:
The use of any area of land for the location for the storage,
keeping or abandonment of junk, including scrap metals or other scrap
materials. This term includes the term "automobile graveyard."
A place prepared to house, board, breed, handle or otherwise
keep or care for dogs, cats or other small animals for sale or in
return for compensation.
The planting and maintenance of trees, shrubs, lawns and
other ground cover or materials, provided that terraces, fountains,
retaining walls, street furniture, sculptures or other art objects
and similar accessory features may be included as landscaping if integrally
designed.
A building primarily used to store and allow access to books,
films, maps and other educational material.
A parcel of land of at least a sufficient size to meet minimum
zoning requirements for use, coverage and area and to provide such
yards and other spaces as required by this chapter. A "lot" shall
have frontage on an approved public street and shall either be shown
on a plat of record or be considered as a unit property described
by metes and bounds.
The entire area of a lot.
That portion of a lot which, when viewed directly from above,
would be covered by a building or any part of a building.
The "front of a lot" shall be the portion nearest the street.
For the purposes of determining yard requirements on corner lots and
through lots, all sides of a lot adjacent to streets shall be considered
"frontage," and yards shall be provided as indicated in this chapter.
A line marking the boundary of a lot.
A lot which is a part of a subdivision recorded in the Clerk's
office of the Circuit Court, or a lot whose existence, location and
dimensions have been legally recorded or registered in a deed prior
to the enactment of this chapter.
The following list is a general list and is not meant to
be all-inclusive. Other activities may be classified as "manufacturing"
upon approval of the Planning Commission.
The 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.
Automobile assembling, painting, upholstering,
repairing, rebuilding, reconditioning and body- and fender work and
truck repairing or overhauling.
A blacksmith shop and a welding or machine shop,
excluding punch presses exceeding a forty-ton rated capacity and drop
hammers.
Laboratories, pharmaceutical or medical.
The 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.
The manufacture, compounding, assembling or
treatment of merchandise from the following previously prepared materials:
bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur,
glass, hair, horn, leather, metal, paper, plastic, precious or semiprecious
metals or stones, rubber, shell, straw, textiles, wood, yarn and paint.
The manufacture of pottery and figurines or
other similar ceramic products, using only previously pulverized clay,
and kilns fired by electricity or gas or other environmentally safe
energy.
The manufacture of cabinets and furniture and
upholstery shops.
Boatbuilding.
Monumental stone works.
Truck terminals.
Public utility generating, booster or relay
stations, transformer substations, transmission lines and towers and
other facilities for the provision and maintenance of public utilities,
including railroads and facilities and water and sewerage installations.
See "dwellings, mobile home."
An area where 10 or more mobile homes or trailers can be
and are intended to be parked, designed or intended to be used as
temporary or permanent living facilities for two or more families.
A plot of ground within a mobile home park designed to accommodate
one mobile home, and which has water, sewer and electricity available
at the space.
That part of an individual mobile home space which has been
reserved for the placement of the mobile home.
The same as "transient lodging."
Any lawful building or other structure which does not comply
with any one or more of the applicable bulk regulations or any lawful
use which does not comply with any part or any one or more of the
applicable regulations pertaining to principal permitted, conditional
or accessory uses permitted in the district in which use is located;
sign regulations; or accessory off-street parking and loading requirements,
either on the effective date of this chapter or as a result of any
subsequent amendment.
The total area of land, water or land and water within the
boundaries of a planned unit development designed and intended for
use and enjoyment as open areas and not improved with a building,
structure, street, road or parking area, except for recreational structures.
Said "open space" shall not include side yards between buildings and
yards located between buildings and parking areas. "Open space" includes
developed recreation space and shall be accessible and available to
all occupants of dwelling units for whose use the space is intended.
A structure or location where services or rites are held
showing reverence for a deity.
An activity which fulfills a primary function of an establishment,
institution, household or other entity.
A building which contains the principal activity or use.
Swimming pools, tennis courts and other outdoor recreation
facilities for use primarily by the lot owner.
Limited to physicians and surgeons, lawyers, members of the
clergy, architects, engineers or other persons holding advanced degrees.
The term is not intended to include insurance agents, insurance adjusters,
realtors, photo studios, beauty parlors, barbershops, dance schools,
business schools or any persons engaged in sales or trade.
Includes boats and boat trailers, travel trailers, tent trailers,
pickup campers or coaches (designed to be mounted on automotive vehicles),
motorized dwellings and the like.
That portion of a lot that is required by the specific district
regulation to be open from the ground to the sky and may contain only
explicitly listed obstructions.
A building or part of a building containing one or more dwelling
units or rooming units, including single-family or two-family houses,
multiple dwellings, boarding- or rooming houses or apartment hotels.
However, "residences" do not include:
Such transient accommodations as hotels, motels,
tourist homes or similar establishments.
Dormitories, fraternity or sorority houses,
monasteries, convents or similar establishments containing group living
or sleeping accommodations.
Nursing or rest homes or other sleeping or living
accommodations in community facility buildings or portions of buildings
used for community facilities.
That part of a mixed building used for any nonresidential
purposes, except where such are uses accessory to residential uses.
An establishment where food is ordered, prepared and served
for pay.
Buildings for the display and retail sale of merchandise
or for the rendering of personal services (but specifically exclusive
of coal, wood- and lumber yards), such as the following examples:
drugstores, newsstands, food stores, candy shops, dry goods and notions
stores, antique stores and gift shops, hardware stores, household
appliance stores, furniture stores, optician, music or radio stores,
tailor shops, bakery shops and beauty shops.
A line running parallel to the street which establishes the
minimum distance the principal building must be set back from the
street line.
The existing City's Sign Ordinance is hereby incorporated
by reference.[1]
[Added 2-12-2018]
A wireless facility that meets both of the following qualifications:
Each antenna is located inside an enclosure of no more than
six cubic feet in volume, or, in the case of an antenna that has exposed
elements, the antenna and all of its exposed elements could fit within
an imaginary enclosure of no more than six cubic feet; and
All other wireless equipment associated with the facility has
a cumulative volume of no more than 28 cubic feet, or such higher
limit as is established by the Federal Communications Commission.
The following types of associated equipment are not included
in the calculation of equipment volume: electric meter, concealment,
telecommunications demarcation boxes, backup power systems, grounding
equipment, power transfer switches, cutoff switches, and vertical
cable runs for the connection of power and other services.
A portion of a building between the surface of any floor
and the surface of the floor next above it or, if there is not a floor
above it, the space between such floor and the ceiling next above
it, provided that the following shall not be deemed a "story":
A basement or cellar if the finished floor level
directly above it is not more than six feet above the average adjoining
elevation of the finished grade.
An attic or similar space under a gable, hip
or gambrel roof, the wall plates or any exterior walls of which are
not more than two feet above the floor of such space.
A publicly maintained right-of-way, other than an alley,
which affords a primary means of access to an abutting property. The
word "street" shall include the words "road," "highway" and "thoroughfare."
The property line which bounds the right-of-way set aside
for use as a street. Where sidewalks exist and the location of the
property line is questioned, the edge of the sidewalk farthest from
the traveled street shall be considered as the "street line."
Anything constructed or erected, the use of which requires
a permanent location on the ground or attachment to something having
a permanent location on the ground. This includes but is not limited
to buildings, towers, smokestacks, television satellites and overhead
transmission lines.
A building or a group of buildings in which sleeping accommodations
are offered to the public and intended primarily for rental to transients,
with a daily charge.
A travel trailer, pickup camper, converted bus, tent-trailer,
tent or similar device used for temporary portable housing, or a unit
which:
Can operate independent of connections to external
sewer, water and electrical systems;
Contains water storage facilities and may contain
a lavatory, kitchen sink and/or bath facilities; and/or
Is identified by the manufacturer as a "travel
trailer" and/or is designed as a "travel trailer."
The purpose for which land or water or a structure therein
is designed, arranged and intended to be occupied or utilized or for
which it is occupied or maintained.
A written permit issued by the Zoning Administrator required
before occupying or commencing to use any building or other structure
or any lot.
Any use that is under the control of a unit of a general
purpose government or governmental agency.
Any use of land or water and facilities provided for the
enjoyment of the general public.
Any structure involved in the transport of electricity, water,
sewage or broadcasting.
A reasonable deviation from those provisions regulating the
size or area of a lot or parcel of land or the size, area, bulk or
location of a building or structure when the strict application of
the chapter would result in unnecessary or unreasonable hardship to
the property owner and such need for a variance would not be shared
generally by other properties, provided that such variance is not
contrary to the intended spirit and purpose of this chapter and would
result in substantial justice being done.
Any establishment involved with the sale of merchandise to
retail establishments.
An open space on the same lot with a principal building,
open, unoccupied and unobstructed by buildings from the ground to
the sky except as otherwise provided in this chapter. The measurement
of a "yard" shall be construed as the minimum horizontal distance
between the lot lines and any part of the building, such as the roof
overhang.
A yard extending along the full length of a front lot line.
In the case of a corner lot, a yard of at least the full depth required
for a "front yard" in these regulations and extending along the full
length of a street line shall be considered a "front yard." At least
two such yards shall be designed for each corner lot and at least
one such yard shall be designated for each through lot.
An accessory use may be located in a side or rear yard if
setback standards are met. A swimming pool located at below-grade
level may extend to the zero rear or side yard line.
A yard extending for the full length of a rear lot line.
A yard extending along a side lot line from the required
front yard to the required rear yard. In the case of a corner lot,
any yard which abuts a street line and which is not designated a front
yard shall be considered a "side yard." In the case of a through lot,
"side yards" shall extend between the required front yards.
A written permit issued by the Zoning Administrator which
is required before commencing any construction, reconstruction or
alteration of any building or other structure or before establishing,
extending or changing any activity or use on any lot.
In the construction of this chapter, the rules
contained in this section shall apply, except when the context clearly
indicates otherwise:
A.
The word "shall" is always mandatory and not discriminatory,
and the word "may" is permissive.
B.
The word "lot" shall include the words "part" or "parcel,"
and the word "building" or "structure" includes all other structures
or parts thereof.
C.
The word "permitted" or words "permitted as of right" mean permitted without meeting the requirements for a conditional use by special permit pursuant to Article XVI of this chapter.
D.
The particular shall control the general; words used
in the present tense shall include the future, and words used in the
singular include the plural, and the plural the singular, unless the
context clearly indicates the contrary.
E.
All public officials, bodies and agencies to which
reference is made are those of the City of Galax, Virginia.
F.
In the case of any difference of meaning or implication
between the text of this chapter and any caption, illustration or
table, the text shall control.
A.
Council or Commission action. The City Council may
from time to time, on its own motion, upon motion of the Planning
Commission or on petition as hereinafter provided, after public hearings
as required by law and after a report by the Planning Commission,
amend, supplement, change or repeal the district boundaries or regulations
herein or subsequently established.
B.
Owner amendment. A petition to amend or change the Zoning Ordinance or district boundaries herein or subsequently established may be filed with the Zoning Administrator by the owner(s) or representative agent of the owner(s) of an area proposed to be rezoned. A fee as provided in Article XVI will be charged for the filing of such petition.
C.
Hearing and notice required. A public hearing shall
be held in connection with any proposal or petition to amend the district
boundaries or any other part of this chapter. Notice shall be given
of the time and place of such hearing by publication once a week for
two successive weeks in a newspaper having general circulation in
the City. The second publication of such notice shall be at least
six days prior to the holding of such hearing.
D.
Report of Planning Commission. No action shall be
taken by the City Council upon any motion or petition to amend this
chapter until such motion or petition has been referred to the Planning
Commission for a report thereon and until such report has been received
from the Planning Commission, unless a period of 30 days has elapsed
after the date of referral. If the Planning Commission does not transmit
a report within this thirty-day period, it may be assumed that the
Planning Commission has approved the motion or petition.
E.
Amendment limited to one time within six months. When
any petition for a proposed change in this chapter has been denied
by the City Council, no subsequent petition for the same, or substantially
the same, change, in whole or in part, shall be filed with or accepted
by the Zoning Administrator, nor any proceeding therefor commenced
or maintained, within six months next succeeding the date of the action
of the City Council denying said proposed change.
All departments, officials and public employees
of the City of Galax which are vested with the duty or authority to
issue permits or licenses shall conform to the provisions of this
chapter and shall issue no such permit or licenses for uses, buildings
or purposes where the same would be in conflict with the provisions
of this chapter. A permit or license issued in conflict with the provisions
of this chapter shall be null and void. If a permit is issued in error
and the person, firm or corporation using the permit in good faith
acts in accordance with the permit, then the person, firm or corporation
shall not be held in violation of the provisions of this chapter.
This use will become nonconforming, however.
Any person, firm or corporation violating any
of the provisions of this chapter shall be guilty of a Class 1 misdemeanor
and may be punished as provided for by law. Each day's continuance
of such violation shall constitute a separate offense.
