CHAPTER 5

R-1 RESIDENTIAL DISTRICT

§ 6-501. Legislative Intent. This district is intended to be used for low density single-family residential development with accessory uses necessary or compatible with residential surroundings. The additional permitted uses, by review of the town council, includes facilities sometimes required to provide the basic elements of a basic and attractive residential area. (Formerly § 6-23.)

§ 6-502. Uses Pertmitted as a Matter-of-Right.

(a) One Single-family Dwelling, occupied by a single Family. (Amended November 11, 2003.)

(b) A Dwelling used as a Short-Term Rental, as defined in § 17-301, but otherwise compliant with paragraph (a) above. This paragraph does not apply to Short-Term Rentals barred under § 17-301(e). (Added January 8, 2019.)

(c) Limited Day Care Facilities, as defined.

(d) Temporary Buildings for uses incidental to construction work, which buildings shall be immediately adjacent to the construction work and which shall be removed upon completion or abandonment of the work.

(e) Neighborhood Public Utilities. (Amended June 13, 2000.)

(f) Accessory Uses and Buildings, provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any Accessory Building shall be located on the same lot with the principal building.

(g) Level One Home Occupations. (Added December 14, 2004.)

(Formerly § 6-24.)

§ 6-503. Uses Permitted with Special Use Permit. The following uses may be permitted in accordance with provisions contained in Chapter 23:

(a) Schools, as defined.

(b) Churches or similar places of worship, with accessory structures but not including missions or revival tents.

(c) Public parks, playgrounds and playfields, golf courses (but not miniature courses or driving tees operated for commercial purposes), swimming pools not accessory to residential property usage, and tennis courts. (Amended May 11, 2021.)

(d) Wide Area Public Utilities. (Amended June 13, 2000.)

(e) Limited bed and breakfast facilities

(f) Telecommunications Towers and Telecommunications Antennas, in accordance with Chapter 27. (Added June 13, 2000.)

(g) Level Two Home Occupations. (Added December 14, 2004.)

(h) Limited Day Care Facilities identical to those allowed as a matter-of-right, except with a maximum enrollment of 12 children. (Added March 13, 2018.)

(i) Detached structures used as Short-Term Rentals. This paragraph does not allow Short-Term Rentals barred under § 17-301(e). (Added May 11, 2021.)

(j) Detached structures to be used as Dwelling Units on the same Lot as an existing Dwelling Unit. (Added May 11, 2021.)

(Formerly § 6-25.)

Legislative Intent: The concept of using a detached structure for residential purposes, as described in paragraphs (i) and (j), could lead to more efficient use of real estate, but it could also lead to disruption of neighborhoods. As with all requests for special use permits, the Council will weigh the evidence carefully, and if the permit is granted, it is likely to impose safeguarding conditions.

Area and Use Regulations
(For Dwellings Only)

Practice Note: The fact that the following regulations apply only to Dwellings suggests that Special Use Permits for other uses should contain appropriate conditions.

§ 6-504. Occupancy Limitation. In R-1 zones, no Dwelling Unit may be occupied by more than persons than the number of bedrooms in the Dwelling Unit, multiplied by 3.1. Nothing in this section shall be construed to be in conflict with applicable state or federal law (Code of Virginia, § 15.2-2286(A)(14)). (Enacted October 13, 2009.)

(Formerly § 6-25.1.)

§ 6-505. Minimum Lot Area. The minimum Lot area shall be 10,000 square feet if Public Water and Sewer is available, if only one of such services is available the minimum lot area shall be 15,000 square feet and if neither is available the minimum lot area shall be 20,000 square feet. There shall be no more than one dwelling unit on each lot.

(Formerly § 6-26.)

Practice Note: See § 6-503(j) for a modern exception to the "one-lot-per-dwelling-unit" rule.

§ 6-506. Front Yard. If the Dwelling Unit fronts on a street of at least 50 feet in width then the minimum depth of the Front yard shall be 35 feet. If the street is less than 50 feet in width then the setback shall be 60 feet from the center of the street. In no case shall an Accessory Building be located or extend into the front yard.

(Formerly § 6-27.)

§ 6-507. Public Street Frontage and Lot Width at Setback. The minimum lot width at the setback line shall be 80 feet. Lots must either

(i) Abut on a public street—not an alley—for a distance of 30 feet or more, or

(ii) Upon issuance of a special use permit, have access to a public street—not an alley—through

(•) A properly recorded and dedicated easement of right-of-way at least 16 feet in width, but such easement shall not be shared by any other Lots, nor shall it be shared with any other Dwelling Units, or

(•) An appendage of the Lot, commonly known as a “pipestem,” at least 16 feet in width. This appendage shall be part of the Lot, but it shall not be calculated as such for Lot area or dimensional purposes.

(Amended December 9, 1986, December 8, 1992, August 13, 1996, March 13, 2001.)

(Formerly § 6-28.)

§ 6-508. Minumum Depth. The minimum depth of each Lot shall be 100 feet.

(Formerly § 6-29.)

§ 6-509. Side Yard. For a single Story Dwelling, no Side Yard shall be less than 10 feet in width, and the sum of the two side yards shall be not less than 25 feet. For dwellings of more than one story, there shall be side yards of not less than 15 feet each. Additionally, for dwellings located on Corner Lots, the side yard abutting the street shall be at least as wide as the minimum Front yard depth specified in § 6-506.

(Amended December 9, 1986.) (Formerly § 6-30.)

§ 6-510. Rear Yard. All Dwellings shall have a minimum Rear Yard of 30 feet. (Amended May 11, 2021.) (Formerly § 6-31.)

§ 6-511. Height Regulations. No Building or other Structure shall exceed 35 feet in Height. Further, Accessory Building shall not exceed 15 feet in Height. (Amended November 11, 2003.) (Formerly § 6-32.)

§ 6-512. Accessory Buildings and Generators. Unattached Accessory Buildings shall not exceed 15 feet in Height. Neither they nor electric generators shall be located

(i) Wholly or partially in the Front Yard.

(ii) Within 7 feet of an Interior line.

(iii) Within 5 feet of a Rear Lot line.

(iv) Within 20 feet of any public Street, or

(v) Within the limits of a utility easement.

[O2023-9R]

§ 6-513. Maximum Lot Coverage. Dwellings and Accessory Buildings shall cover not more than 40% of the Lot area. (Formerly § 6-33.)

§ 6-514. Off-Street Parking. As regulated in Chapter 21. (Formerly § 6-34.)

§ 6-515. Signs. As provided in Chapter 22. (Amended December 8, 1992.) (Formerly § 6-35.)

CHAPTER 6

R-2 RESIDENTIAL DISTRICT

§ 6-601. Legislative Intent. This district is intended to be used for low to moderate density residential development for single-family, two-, three- or four-family dwellings and townhouse units, as well as other compatible uses. (Formerly § 6-36.)

§ 6-602. Uses Pertmitted as a Matter-of-Right.

(a) Any use permitted as a matter-of-right in the R-1 Residential District.

(b) Temporary Buildings for uses incidental to construction work, which buildings shall be immediately adjacent to the construction work and which shall be removed upon completion or abandonment of the work.

(c) Neighborhood Public Utilities. (Amended June 13, 2000.)

(d) Two-, three-, or four-family Dwellings. All Dwelling Units may be occupied by no more than a single Family. Each Lot may contain no more than one Dwelling Structure (but there may be more than one Dwelling Unit in each.) (Amended November 11, 2003; Amended January 9, 2007; Amended May 11, 2021.)

(e) A Dwelling used as a Short-Term Rental, as defined in § 17-301, but otherwise compliant with paragraph (d) above. This paragraph does not apply to Short-Term Rentals barred under § 17-301(e). (Added January 8, 2019.)

(f) Accessory Uses and Buildings, provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any Accessory Building shall be located on the same lot with the principal building.

(Formerly § 6-37.)

§ 6-603. Uses Permitted with Special Use Permit. The following uses may be permitted in accordance with provisions contained in Chapter 23:

(a) Schools, as defined.

(b) Churches or similar places of worship, with accessory structures but not including missions or revival tents.

(c) Public parks, playgrounds and playfields, golf courses (but not miniature courses or driving tees operated for commercial purposes), swimming pools not accessory to residential property usage, and tennis courts. (Amended May 11, 2021.)

(d) Wide Area Public Utilities. (Amended June 13, 2000.)

(e) Agencies and offices rendering specialized services in the professions, finance, insurance, real estate, chiropractors, optometrists, osteopaths, dental laboratories, architects and engineers; also service agencies not involving on premises retail or or wholesale trade nor maintenance of a stock of goods for display or sale.

(f) Limited bed and breakfast facilities

(g) Telecommunications Towers and Telecommunications Antennas, in accordance with Chapter 27. (Added June 13, 2000.)

(h) Level Two Home Occupations. (Added December 14, 2004.)

(i) Reserved.

(j) Limited Day Care Facilities identical to those allowed as a matter-of-right, except with a maximum enrollment of 12 children. (Added March 13, 2018.)

(k) Detached structures used as Short-Term Rentals. This paragraph does not allow Short- Term Rentals barred under § 17-301(e). (Added May 11, 2021.)

(l) Detached structures to be used as Dwelling Units on the same Lot as an existing Dwelling Unit. (Added May 11, 2021.)

(Formerly § 6-38.)

Legislative Intent: The concept of using a detached structure for residential purposes, as described in paragraphs (k) and (l), could lead to more efficient use of real estate, but it could also lead to disruption of neighborhoods. As with all requests for special use permits, the Council will weigh the evidence carefully, and if the permit is granted, it is likely to impose safeguarding conditions.

Area and Use Regulations
(For Dwellings Only)

Practice Note: The fact that the following regulations apply only to Dwellings suggests that Special Use Permits for other uses should contain appropriate conditions.

§ 6-604. Division of Two-Family Dwellings. Wherever a Two-Family Dwelling is constructed in accordance with the regulations of this classification and the Structure as a whole meets the requirements of this classification, individual units may be sold without regard to area requirements. No such sale of individual units of a Two-Family Dwelling shall be deemed a subdivision. (Amended August 13, 1996; January 9, 2007.) (Formerly § 6-38.1.)

§ 6-605. Minimum Lot Area. The minimum Lot area where Public Water and Sewer is available shall be 9,000 square feet for a One-Family Dwelling, 12,500 square feet for a Two-Family Dwelling, 15,000 square feet for a three-family dwelling and 17,500 square feet for a four-family dwelling. If only one of such services is available the minimum lot area shall be 150% of the foregoing areas and if neither water nor sewer service is available the minimum lot area shall be 200% of that specified where both services are available. (Formerly § 6-39.)

Practice Note: Without a Special Use Permit under § 6-603(l), only one Dwelling may be placed on a Lot.

§ 6-606. Front Yard. If the Dwelling Unit fronts on a Street of at least 50 feet in width then the minimum Depth of the Front yard shall be 35 feet. If the street is less than 50 feet in width then the setback shall be 60 feet from the center of the street. In no case shall an Accessory Building be located or extend into the front yard. (Formerly § 6-40.)

§ 6-607. Public Street Frontage and Lot Width at Setback. The minimum Lot width at the setback line shall be 80 feet for a One Family Dwelling, 100 feet for a Two or three family dwelling, and 120 feet for a four family dwelling. Lots must either

(i) Abut on a public street—not an alley—for a distance of 30 feet or more, or

(ii) Upon issuance of a special use permit, have access to a public street—not an alley—through

(•) A properly recorded and dedicated easement of right-of-way at least 16 feet in width, but such easement shall not be shared by any other Lots, nor shall it be shared with any other Dwelling Units, or

(•) An appendage of the Lot, commonly known as a “pipestem,” at least 16 feet in width. This appendage shall be part of the Lot, but it shall not be calculated as such for Lot area or dimensional purposes.

(Amended December 9, 1986, December 8, 1992, August 13, 1996, March 13, 2001.) (Formerly § 6-41.)

§ 6-608. Minumum Depth. The minimum Lot Depth for a One-Family Dwelling shall be 100 feet, for a Two-Family Dwelling 125 feet, and for a three- or four-family dwelling 150 feet. (Formerly § 6-42.)

§ 6-609. Side Yard. For a One-Family Dwelling, no Side Yard shall be less than 10 feet in width, and the sum of the two side yards shall be not less than 25 feet. For Two or three family dwellings, no side yard (of the Structure) shall be less than 15 feet in width, and the sum of the two side yards shall be not less than 35 feet. For a four family dwelling, no side yard shall (of the Structure) be less than 20 feet and the sum of the two side yards shall be not less than 45 feet. Additionally, for dwellings located on Corner Lots, the side yard abutting the street shall be at least as wide as the minimum Front yard depth specified in § 6-606.

(Amended December 9, 1986, May 11, 2021.) (Formerly § 6-43.)

§ 6-610. Rear Yard. All Dwellings shall have a minimum Rear Yard of 30 feet. (Amended May 11, 2021.) (Formerly § 6-44.)

§ 6-611. Height Regulations. No Building or other Structure shall exceed 35 feet in Building. Further, Accessory Building shall not exceed 15 feet in Height. (Amended November 11, 2003.) (Formerly § 6-45.)

§ 6-512. Accessory Buildings and Generators. Unattached Accessory Buildings shall not exceed 15 feet in Height. Neither they nor electric generators shall be located

(i) Wholly or partially in the Front Yard.

(ii) Within 7 feet of an Interior line.

(iii) Within 5 feet of a Rear Lot line.

(iv) Within 20 feet of any public Street, or

(v) Within the limits of a utility easement.

[O2023-9R]

§ 6-613. Maximum Lot Coverage. For One-, Two- and three-family Dwellings the total coverage including dwellings and Accessory Buildings shall not exceed 40% of the Lot area and for four-family dwellings the total coverage shall not exceed 35% of the Lot area. (Formerly § 6-46.)

§ 6-614. Reserved.

§ 6-615. Off-Street Parking. As regulated in Chapter 21. (Formerly § 6-48.)

§ 6-616. Signs. As provided in Chapter Chapter 22. (Amended December 8, 1992.) (Formerly § 6-49.)

CHAPTER 7

R-3 RESIDENTIAL DISTRICT

§ 6-701. Legislative Intent. This district is intended to be used for medium to high density development, residential and institutional use with necessary or compatible accessory uses. (Formerly § 6-50.)

§ 6-702. Uses Pertmitted as a Matter-of-Right.

(a) Any use permitted as a matter-of-right in the R-1 or R-2 Residential Districts.

(b) Temporary Buildings for uses incidental to construction work, which buildings shall be immediately adjacent to the construction work and which shall be removed upon completion or abandonment of the work.

(c) Multiple-Family Dwellings. All Dwelling Units may be occupied by no more than a single Family. Each Lot may contain no more than one Dwelling Structure (but there may be more than one Dwelling Unit in each.)(Amended November 11, 2003; December 14, 2004; January 9, 2007; May 11, 2021.)

(d) A Dwelling used as a Short-Term Rental, as defined in § 17-301, but otherwise compliant with paragraph (c) above. This paragraph does not apply to Short-Term Rentals barred under § 17-301(e). (Added January 8, 2019.)

(e) Neighborhood Public Utilities. (Amended June 13, 2000.)

(f) Accessory Uses and Buildings, provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any Accessory Building shall be located on the same Lot with the principal building.

(Formerly § 6-51.)

§ 6-703. Uses Permitted with Special Use Permit. The following uses may be permitted in accordance with provisions contained in Chapter [23-Ed.]:

(a) Schools, as defined.

(b) Churches or similar places of worship, with accessory structures but not including missions or revival tents.

(c) Public parks, playgrounds and playfields, golf courses (but not miniature courses or driving tees operated for commercial purposes), swimming pools not accessory to residential property usage, and tennis courts. (Amended May 11, 2021.)

(d) Wide Area Public Utilities. (Amended June 13, 2000.)

(e) Agencies and offices rendering specialized services in the professions, finance, insurance, real estate, chiropractors, optometrists, osteopaths, dental laboratories, architects and engineers; also service agencies not involving on premises retail or or wholesale trade nor maintenance of a stock of goods for display or sale.

(f) Hospitals, but not an animal hospital.

(g) Funeral homes.

(h)Reserved.

(i) Reserved.

(j) Fraternities, sororities and denominational student headquarters.

(k) Residential human care facility, including family care homes, foster homes, or group homes serving mentally retarded or other developmentally disabled persons not related by blood or marriage. No conditions may be imposed on this use as a prerequisite for authorization except those conditions imposed to assure compatibility with other permitted uses and these conditions shall not be more restrictive than those imposed on other dwellings in the same district unless such additional conditions are necessary to protect the health and safety of the residents of such facilities.

Practice Note: Paragraph (k) must be read in conjunction with § 15.2-2291.

(l) Clubs, fraternities, lodges, meeting places and other organizations not including any use that is customarily conducted as a gainful business.

(m) Police, fire and rescue squad stations.

(n) Post Offices.

(o) Public Buildings and properties of a cultural, administrative or service type.

(p) Nursing Homes and Dwelling Units for retirement developments.

(q) A Planned Unit Development as regulated in Chapter 17.

(r) Limited bed and breakfast facilities as defined. (Added December 9, 1986.)

(s) Village homes as defined in and regulated by Chapter 26. (Added October 10, 1989.)

(t) Telecommunications Towers and Telecommunications Antennas, in accordance with Chapter 28. (Added June 13, 2000.)

(u) Level Two Home Occupations. (Added December 14, 2004.)

(v) Reserved.

(w) Limited Day Care Facilities identical to those allowed as a matter-of-right, except with a maximum enrollment of 12 children. (Added March 13, 2018.)

(x) Detached structures used as Short-Term Rentals. This paragraph does not allow Short-Term Rentals barred under § 17-301(e). (Added May 11, 2021.)

(y) Detached structures to be used as Dwelling Units on the same Lot as an existing Dwelling Unit. (Added May 11, 2021.)

(Formerly § 6-52.)

Legislative Intent: The concept of using a detached structure for residential purposes, as described in paragraphs (x) and (y), could lead to more efficient use of real estate, but it could also lead to disruption of neighborhoods. As with all requests for special use permits, the Council will weigh the evidence carefully, and if the permit is granted, it is likely to impose safeguarding conditions.

Area and Use Regulations
(For Dwellings Only)

Practice Note: The fact that the following regulations apply only to Dwellings suggests that Special Use Permits for other uses should contain appropriate conditions.

§ 6-704. Division of Two-Family Dwellings. Wherever a Two-Family Dwelling is constructed in accordance with the regulations of this classification and the Structure as a whole meets the requirements of this classification, individual units may be sold without regard to area requirements. No such sale of individual units of a Two-Family Dwelling shall be deemed a subdivision. (Amended August 13, 1996; January 9, 2007.) (Formerly § 6-52.1.)

§ 6-705. Minimum Lot Area. The lot area requirements for a Single-, Two-Family, three-family, or four-family Dwelling shall be in accordance with the R-2 District; for other Multiple-Family Dwellings the Lot area requirements shall be not less than 17,500 square feet plus an additional 2,000 square feet for each additional Dwelling Unit. (Formerly § 6-53.)

§ 6-706. Front Yard. If the Dwelling Unit fronts on a Street of at least 50 feet in width then the minimum Depth of the Front yard shall be 35 feet. If the street is less than 50 feet in width then the setback shall be 60 feet from the center of the street. In no case shall an Accessory Building be located or extend into the front yard. (Formerly § 6-54.)

§ 6-707. Public Street Frontage and Lot Width at Setback. The minimum Lot width at the setback line shall be 80 feet for a One Family Dwelling, 100 feet for a Two or three family dwelling, and 120 feet for for all other Multiple-Family Dwellings. Lots must either

(i) Abut on a public street—not an alley—for a distance of 30 feet or more, or

(ii) Upon issuance of a special use permit, have access to a public street—not an alley—through

(•) A properly recorded and dedicated easement of right-of-way at least 16 feet in width, but such easement shall not be shared by any other Lots, nor shall it be shared with any other Dwelling Units, or

(•) An appendage of the Lot, commonly known as a “pipestem,” at least 16 feet in width. This appendage shall be part of the Lot, but it shall not be calculated as such for Lot area or dimensional purposes.

(Amended December 9, 1986, December 8, 1992, August 13, 1996, March 13, 2001.) (Formerly § 6-55.)

§ 6-708. Minumum Depth. The minimum Lot Depth for a One-Family Dwelling shall be 100 feet, for a Two-Family Dwelling 125 feet, and for other Multiple-Family Dwellings 150 feet. (Formerly § 6-56.)

§ 6-709. Side Yard. For a One-Family Dwelling, no Side Yard shall be less than 10 feet in width, and the sum of the two side yards shall be not less than 25 feet. For Two or three family dwellings, no side yard (of the Structure) shall be less than 15 feet in width, and the sum of the two side yards shall be not less than 35 feet. For a four family dwelling or other Multiple-Family Dwelling, no side yard shall (of the Structure) be less than 20 feet and the sum of the two side yards shall be not less than 45 feet. Additionally, for dwellings located on Corner Lots, the side yard abutting the street shall be at least as wide as the minimum Front yard depth specified in § 6-706.

(Amended December 9, 1986, May 11, 2021.) (Formerly § 6-57.)

§ 6-710. Rear Yard. All Dwellings shall have a minimum Rear Yard of 30 feet. (Amended May 11, 2021.) (Formerly § 6-58.)

§ 6-711. Height Regulations. No Building or other Structure shall exceed 40 feet in Building. Further, Accessory Building shall not exceed 15 feet in Height. (Amended November 11, 2003.) (Formerly § 6-59.)

§ 6-712. Accessory Buildings. Unattached Accessory Buildings shall not exceed 15 feet in Height or be located

(i) Wholly or partially in the Front Yard.

(ii) Within 7 feet of an Interior line.

(iii) Within 5 feet of a Rear Lot line.

(iv) Within 20 feet of any public Street, or

(v) Within the limits of a utility easement.

No minimum setbacks apply along a side property line with a shared common wall between multi family dwelling units. [O2023-9R]

§ 6-713. Maximum Lot Coverage. For One-, Two- and three-family Dwellings the total coverage including Dwellings and Accessory Buildings shall not exceed 40% of the Lot area and for all other Multiple-Family Dwellings the total coverage shall not exceed 35% of the Lot area. (Formerly § 6-60.)

§ 6-714. Reserved.

§ 6-715. Off-Street Parking. As regulated in Chapter 21. (Formerly § 6-62.)

§ 6-716. Signs. As provided in Chapter 22. (Amended December 8, 1992.) (Formerly § 6-63.)

CHAPTER 8

B-1 BUSINESS DISTRICT

§ 6-801. Legislative Intent. This district is primarily for neighborhood businesses which do not create excessive traffic or other burdens. Where appropriate, with special use permits, residences and more intensive business uses are allowed. (Amended March 14, 2000; October 10, 2017.) (Formerly § 6-65.)

§ 6-802. Uses Pertmitted as a Matter-of-Right.

(a) Retail Stores of less than 25,000 square feet, in which substantially all stock is kept indoors (or, in the case of gasoline stations, underground), except those listed explicitly as special uses in § 6-803 below. [O2023-9R]

Legislative Intent: The exception of uses listed as special uses is declarative of existing law. Even if the exception were not set out, listing "Use X" as a special use necessarily removes it as a use permitted by right.

(b) Restaurants.

(c) Offices, including professional, insurance, real estate, and administrative offices. This paragraph does not permit veterinary offices or veterinary hospitals.

(d) Dry cleaners and laundries.

(e) Printing and photocopy shops.

(f) Electronic repair shops; jewelry repair shops.

(g) Dressmaking; tailoring; millinery shops.

(h) Upholstery and drapery repair and installation shops; furniture repair shops.

(i) Churches or similar places of worship, but not including missions or revival tents.

(j) Public parks, playgrounds and playfields, golf courses, miniature golf courses, swimming pools, and tennis courts, and similar recreational amenities.

(k) Funeral homes.

(l) Clubs, civic groups, lodges, and similar organizations.

(m) Museums, galleries, and similar cultural establishments.

(n) Theatres.

(o) Hotels and Motels.

(p) Auction houses.

(q) Banks.

(r) Barber shops, beauty parlors, or similar personal service shops.

(s) Parking lots, whether or not Accessory to another use.

(t) Accessory Uses and Buildings, provided such uses are incidental to the principal use. Any Accessory Building shall be located on the same lot with the principal building.

(u) Temporary Buildings for uses incidental to construction work, which buildings shall be immediately adjacent to the construction work and which shall be removed upon completion or abandonment of the work.

(v) Neighborhood Public Utilities. (Amended June 13, 2000.)

(w) Limited Bed and Breakfast Facilities, as defined. (Added December 9, 1986.)

Practice Note: This paragraph presupposes a valid residential use on the property, either through a Special Use Permit or a nonconforming use.

(x) Schools not housing students overnight. (Added December 14, 2004; Amended August 12, 2014.)

Legislative Intent: The 2014 amendment, adding “not housing students overnight,” is declarative of existing law.

(y) Level One Home Occupations. (Added December 14, 2004.)

Practice Note: This paragraph presupposes a valid residential use on the property, either through a Special Use Permit or a nonconforming use.

(Formerly § 6-66.)

§ 6-803. Uses Permitted with Special Use Permit. The following uses may be permitted in accordance with provisions contained in Chapter [23-Ed.]:

(a) Public billiard palaces, pool rooms, bowling alleys, dance halls, and amusement centers.

(b) Warehouses, including self-service storage facilities.

(c) Automobile repair shops, and other shops which repair equipment and machinery, provided not more than 10 persons are employed on the premises in a single shift (not including persons whose principal duties are off premises) and provided that all storage and activities are conducted within a Building.

(d) Car washes.

(e) Nursing Homes and Dwelling Units for retirement developments.

(f) Hospitals.

(g) Veterinary establishments provided that all animals shall be kept inside soundproofed, air-conditioned Buildings.

(h) Garden centers, greenhouses and nurseries.

(i) Vape/Smoke Shops. [O2023-9R]

(j) Fraternities, sororities and denominational student headquarters.

(k) Pet shops.

(l) Day care facilities. (Added June 14, 2016.)

(m) Other neighborhood retail business uses upon a finding by Governing Body that such uses are of the same general character as those permitted and which will not be detrimental to other uses within the district or to adjoining land uses.

(n) Wide Area Public Utilities. (Amended June 13, 2000.)

(o) Telecommunications Towers and Antennas, in accordance with Chapter 28. (Added June 13, 2000.)

(p) Residential uses permitted as a matter-of-right in the R-1, R-2, R-3 Residential Districts, but those uses shall be subject to the area regulations, parking, sign, and height regulations of the district in which such use is permitted (and if permitted in more than one district then the regulations of the less restrictive district shall prevail); Village Homes as defined in and regulated by Chapter 26. (Added December 14, 2004.)

(q) Level Two Home Occupations. (Added December 14, 2004.)

(r) Reserved.

(s) Facilities which provide housing, shelter, and care for pregnant women and women who have recently given birth. (Added November 12, 2013.)

(t) Flexible Purpose Housing, meaning Structures which serve as a Hotel or other transient housing, permanent residences, college dormitories or other residential housing, along with such other uses as may be permitted by this Chapter. (Added August 12, 2014.)

(u) Retail Stores, without the limitations set out in § 6-802(a). (Added October 10, 2017.)

(Formerly § 6-67.)

Area Regulations

§ 6-804. Minimum Lot Area. None. (Amended October 10, 2017.) (Formerly § 6-68.)

§ 6-805. Minimum Lot Area. Between the Front of any Structure and an Abutting residential district, there shall be a Front Yard of 17.5 feet. Otherwise, a Front Yard of five feet is required. (Amended March 14, 2000; October 10, 2017.) (Formerly § 6-69.)

§ 6-806. Public Street Frontage and Lot Width at Setback. Area. No minimum required but Building must front on a public Street, not an alley. (Amended December 8, 1992; amended August 13, 1996.) (Formerly § 6-70.)

Practice Note: "Street" is defined expansively in § 6-401 (70), but the context here makes clear that an alley does not suffice.

§ 6-807. Minimum Depth. None required. (Amended October 10, 2017.) (Formerly § 6-71.)

§ 6-808. Side Yard. Between the Side of any Structure and an Abutting residential district, there shall be a Side Yard of five feet. Otherwise, no Side Yard is required. (Amended March 14, 2000; October 10, 2017.) (Formerly § 6-72.)

§ 6-809. Rear Yard. Between the Rear of any Structure and an Abutting residential district, there shall be a Rear Yard of five feet. Otherwise, no Rear Yard is required. (Amended March 14, 2000; October 10, 2017.) (Formerly § 6-73.)

§ 6-810. Height Regulations. For principal Structures, 40 feet. For Accessory Structures, 20 feet. (Amended March 14, 2000; October 10, 2017.) (Formerly § 6-74.)

Practice Note: The definitions of "Main Building" and "Accessory Building" will apply here mutatis mutandis.

§ 6-811. Maximum Lot Coverage. None. (Amended October 10, 2017.) (Formerly § 6-75.)

§ 6-812. Off-Street Parking. As regulated in Chapter 21. (Formerly § 6-76.)

§ 6-813. Signs. As provided in Chapter 22. (Formerly § 6-77.)

CHAPTER 9

B-2 BUSINESS DISTRICT

§ 6-901. Legislative Intent. This district is intended to be composed of land and structured use to furnish a wider range of retail goods and services to satisfy the household and personal needs of the neighborhood. (Formerly § 6-78.)

§ 6-902. Uses Pertmitted as a Matter-of-Right.

(a) All the uses permitted as a matter-of-right in the B-1 Business District in the B-1 Business District except the uses permitted under § 6-802(w) and § 6-802(y).

(b) Automobile repair shops, and other shops which repair equipment and machinery, provided all storage and activities are conducted within a Building, without any limitation as to the number of persons employed.

(c) Retail Stores permitted under § 6-802(a) but without the limitations as to size and outdoor stock. This paragraph permits but is not limited to automobile dealerships, lumber yards, and manufactured housing lots. (Enacted August 13, 1996.)

(d) Radio or television broadcasting stations, studios, or offices, except transmission towers.

(e) Accessory Uses and Buildings, provided such Uses are incidental to the principal use. Any Accessory Building shall be located on the same Lot as the principal building.

(f) Temporary Buildings for uses incidental to construction work, which buildings shall be immediately adjacent to the construction work and which shall be removed upon completion or abandonment of the work.

(g) Agencies and offices rendering specialized services in the professions, finance, insurance, real estate, chiropractors, optometrists, osteopaths, dental laboratories, architects and engineers; also service agencies not involving on premises retail or or wholesale trade nor maintenance of a stock of goods for display or sale.

(h) Hospitals, but not animal hospital.

(i) Nursing Homes and Dwelling Units for retirement developments.

(j) Veterinary establishments provided that all animals shall be kept inside soundproofed, air-conditioned Buildings.

(k) Garden centers, greenhouses, and nurseries.

(l) Pet shops.

(m) Neighborhood Public Utilities. (Amended June 13, 2000.)

(Formerly § 6-79.)

§ 6-903. Uses Permitted with Special Use Permit. The following uses may be permitted in accordance with provisions contained in Chapter 23:

(a) Public billiard palaces, pool rooms, bowling alleys, dance halls, and amusement centers.

(b) Processing and manufacturing establishments that are not objectionable because of smoke, odor, dust or noise but only when such processing and manufacturing is incidental to a retail business conducted on the premises and where not more than ten persons are employed on the premises in the processing or manufacturing activities.

(c) Vape/Smoke Shops. [O2023-9R]

(d) Warehouses and commercial storage facilities. (Added August 8, 2000.)

(e) Tire recapping and vulcanizing within a completely enclosed Building and with no outdoor storage of tires, discarded rubber or similar material.

(f) Other retail business uses upon finding by the Governing Body that such uses are of the same character as those permitted and which will not be detrimental to other uses within the district or to adjoining land uses.

(g) Wide Area Public Utilities. (Added June 13, 2000.)

(h) Telecommunications Towers and Telecommunications Antennas, in accordance with Chapter 28. (Added June 13, 2000)

(i) Adult Businesses. (Added January 9, 2007)

(Formerly § 6-80.)

Area Regulations

§ 6-904. Minimum Lot Area. None required except where individual water or sewage disposal systems, as opposed to public systems, are required, then regulations of the State Health Department and other regulatory bodies must be complied with. (Formerly § 6-81.)

§ 6-905. Front Yards. If the Street on which the Building fronts is 50 feet or more in width then all Buildings shall be at least 25 feet from the street right-of-way. If the Street is less than 50 feet in width then the minimum front yard shall be 50 feet from the center of the Street. (Formerly § 6-82.)

§ 6-906. Public Street Frontage and Lot Width at Setback. No minimum required but Building must front on a public Street, not an alley. (Amended December 8, 1992.) (Formerly § 6-83.)

§ 6-907. Minimum Depth. None required. (Formerly § 6-84.)

§ 6-908. Side Yard. Between the Side of any Structure and an Abutting residential district, there shall be a Side Yard of five feet. Otherwise, no Side Yard is required.

§ 6-909. Rear Yard. Between the Rear of any Structure and an Abutting residential district, there shall be a Rear Yard of five feet. Otherwise, no Rear Yard is required.

§ 6-910. Height Regulations. Buildings shall not exceed three stories or 45 feet in height whichever is less. Accessory Building shall not exceed 15 feet in height. (Formerly § 6-87.)

§ 6-911. Maximum Lot Coverage. None.

§ 6-912. Off-Street Parking. As regulated in Chapter 21. (Formerly § 6-89.)

§ 6-913. Signs. As provided in Chapter 22. (Amended December 8, 1992.) (Formerly § 6-90.)

CHAPTER 10

M-1 INDUSTRIAL DISTRICT

§ 6-1001. Legislative Intent. This district is intended primarily for Manufacturing, processing, storage, wholesaling and distribution activities. (Formerly § 6-91.)

§ 6-1002. Uses Permitted as a Matter-of-Right.

(a) Any use permitted in the B-1 or B-2 Business Districts as a matter-of-right except for Limited Bed and Breakfast Facilities and any other use involving Dwelling Units. (Amended December 11, 2007.)

(b) Building material sales or storage yards except materials shall not be extracted from the premises.

(c) Contractors' equipment storage yards or plants.

(d) Cold storage, frozen food and bottling plants.

(e) Grain and feed Manufacturing and storage.

(f) Veterinary hospitals.

(g) Other than the uses prohibited under this chapter all industrial or Manufacturing operations, compounding, processing, packaging or treatment of products.

(h) Accessory Uses and Buildings, provided such uses are incidental to the principal use. Any Accessory Building shall be located on the same Lot with the principal building.

(i) Agencies and offices rendering specialized services in the professions, finance, insurance, real estate, chiropractors, optometrists, osteopaths, dental laboratories, architects and engineers; also service agencies not involving on premises retail or wholesale trade nor maintenance of a stock of goods for display or sale.

(j) Hospitals.

(k) Neighborhood Public Utilities. (Amended June 13, 2000.)

(l) Commercial storage facilities and warehouses, including self-service storage facilities. (Added January 9, 2007; May 11, 2021.)

(Formerly § 6-92.)

§ 6-1003. Uses Permitted with Special Use Permit. The following uses may be permitted in accordance with provisions contained in Chapter 23:

(a) Wide Area Public Utilities.

(b) Telecommunications Towers and Telecommunications Antennas, in accordance with Chapter Chapter 28.

(Formerly § 6-92.1.)

§ 6-1004. Uses Prohibited. The following uses are prohibited:

(a) Abattoirs, slaughter houses, and any other business which regularly kills livestock or fowl. (Amended December 9, 1986.)

(b) Acid manufacturers. (Amended December 9, 1986.)

(c) Ammonia, bleaching powder or chlorine manufacturers.

(e) Blast furnaces.

(f) Boiler works.

(g) Brick, tile or terra-cotta manufacturers not requiring ovens.

(h) Coke ovens.

(i) Creosote treatment or manufacturers.

(j) Distillation of bones.

(k) Fat rendering.

(l) Dyestuff manufacturers.

(m) Fertilizer manufacturers.

(n) Forge plants.

(o) Fuel manufacturers.

(p) Gas manufacturers or storage in excess of one thousand cubic feet.

(q) Gelatin or glue manufacturers or any process involving recovery from fish or animal material.

(r) Glass manufacturers.

(s) Gunpowder manufacturers or storage.

(t) Incineration or reduction of garbage, dead animals, outfall, or refuse other than by an authorized public agency.

(u) Iron, steel, brass or copper works or foundry.

(v) Lime, gypsum or plaster of paris manufacturers.

(w) Oil, paint, turpentine or varnish manufacturers.

(x) Pulp mills.

(y) Petroleum storage facilities not Accessory to the retail sale of gasoline, heating oil, or similar fuels.

(z) Printing ink manufacturers.

(aa) Rendering plant or other comparable processing of fish or animal material.

(bb) Sawmills.

(cc) Melting or refining of metals.

(dd) Soap manufacturing.

(ee) Stockyards.

(ff) Tanning, curing or storage of raw hides or skins or leather dressing or coloring.

(gg) Tar distillation or manufacturers.

(hh) Any use reasonably deemed harmful to health, safety or welfare because of undue noise vibration, smoke, dust, odor, heat or glare.

(Formerly § 6-93.)

Area Regulations

§ 6-1005. Minimum Lot Area. 20,000 square feet. (Formerly § 6-94.)

§ 6-1006. Front Yards. If the Street on which the Building fronts is 50 feet or more in width then all Buildings shall be at least 25 feet from the street right-of-way. If the Street is less than 50 feet in width then the minimum front yard shall be 50 feet from the center of the Street. (Formerly § 6-95.)

§ 6-1007. Public Street Frontage and Lot Width at Setback. No minimum required but Building must front on public Street. (Amended December 8, 1992.) (Formerly § 6-96.)

§ 6-1008. Minimum Depth. None required. (Formerly § 6-97.)

§ 6-1009. Side Yard. On the Side of a Lot adjoining a residential district or a Dwelling there shall be a Side Yard of not less than 15 feet. For Corner Lots, the Side Yard Abutting the Street shall be not less than the minimum Front Yard depth specified in § 6-1006. (Amended December 9, 1986.). (Formerly § 6-98.)

§ 6-1010. Rear Yard. None, except where a Rear boundary of the Lot adjoins (i) a residential district or a Dwelling or (ii) a public street or Street, there shall be a rear Yard of at least 15 feet. (Amended November 11, 2003.) (Formerly § 6-99.)

§ 6-1011. Height Regulations. Buildings shall not exceed three stories or 45 feet in height whichever is less. Accessory Building shall not exceed 15 feet in height. (Formerly § 6-100.)

§ 6-1012. Maximum Lot Coverage. The total coverage including Main and Accessory Buildings shall not exceed 85% of the Lot area. (Formerly § 6-101.)

§ 6-1013. Off-Street Parking. As regulated in Chapter 21. (Formerly § 6-102.)

§ 6-1014. Signs. As provided in Chapter 22. (Amended December 8, 1992.) (Formerly § 6-103.)

CHAPTER 11

A-1 AGRICULTURAL DISTRICT

§ 6-1101. Legislative Intent. This district is designed primarily to accommodate farming and kindred rural activities, permitting the development of other uses by special use permit. (Formerly § 6-104.)

§ 6-1102. Uses Permitted as a Matter-of-Right.

(a) Agriculture, general farming, including Dairying.

(b) Orchards.

(c) Nurseries..

(d) Churches or similar places of worship, with accessory structures.

Practice Note: The explicit listing of accessory structures here does not imply their exclusion elsewhere. Accessory Buildings, accessory structures, and Accessory Uses are generally allowed along with the principal use.

(e) Golf courses, miniature golf courses and golf driving tees.

(f) Public parks, playgrounds and playfields.

(g) Swimming pools and tennis courts.

(h) Grain storage bins as a primary use.

(i) Greenhouses.

(j) Tree farms.

(k) Wildlife areas, game refuges and forest preserves.

(l) Single-family Dwellings but not including residential subdivisions.

(m) Accessory Uses and Buildings, provided such uses are incidental to the principal use. Any Accessory Building shall be located on the same lot with the principal building.

(n) Agencies and offices rendering specialized services in the professions, finance, insurance, real estate, chiropractors, optometrists, osteopaths, dental laboratories, architects and engineers; also service agencies not involving on premises retail or or wholesale trade nor maintenance of a stock of goods for display or sale.

(o) Hospitals, but not an animal hospital.

(p) Neighborhood Public Utilities. (Amended June 13, 2000.)

(q) Level One Home Occupations. (Added December 14, 2004.)

(Formerly § 6-105.)

§ 6-1103. Uses Permitted with Special Use Permit. The following uses may be permitted in accordance with provisions contained in Chapter 23:

(a) Cemeteries and memorial gardens.

(b) Clubs, fraternities, lodges and meeting places of other organizations not including any use that is customarily conducted as a gainful business.

(c) Family campgrounds.

(d) Hog farms.

(e) Reserved.

(f) Police, fire and rescue squad stations.

(g) Poultry and egg production and hatcheries.

(h) Raising fur-bearing animals and pelt processing.

(i) Schools, as defined.

(j) Funeral homes.

(k) Gravel pits and quarries.

(l) Convalescent, Nursing and rest homes.

(m) Machine shops with equipment and materials under cover.

(n) Manufacture and sale of feed and other farm supplies.

(o) Radio or television transmitting stations and towers.

(p) Riding academies or stables.

(q) Dumps and sanitary landfill operations.

(r) Shooting range or galleries.

(s) Farm, lawn and garden machinery and equipment sales and service.

(t) Airports.

(u) Roadside stands or markets.

(v) Blacksmith shops.

(w) Wineries.

(x) Reserved.

(y) Wide Area Public Utilities. (Amended June 13, 2000.)

(z) Telecommunications Towers and Telecommunications Antennas, in accordance with Chapter 28. (Added June 13, 2000.)

(aa) Level Two Home Occupations. (Added December 14, 2004.)

(Formerly § 6-106.)

Area and Use Regulations
(For Single-Family Dwellings Permitted Only)

§ 6-1104. Minimum Lot Area. Minimum Lot area shall be 20,000 square feet. There shall be no more than one single-family Dwelling Unit on each Lot. (Formerly § 6-107.)

§ 6-1105. Front Yards. If the Street on which the Building fronts is 50 feet or more in width then all Buildings shall be at least 35 feet from the Street right-of-way. If the Street is less than 50 feet in width then the minimum front yard shall be 60 feet from the center of the Street. In no case shall an Accessory Building be located or extend into the Front Yard. (Formerly § 6-108.)

§ 6-1106. Frontage. The minimum Lot width at setback line shall be 100 feet. Lots must either a) abut on a public Street for a distance of not less than 30 feet, or b) have access to a public Street through a properly recorded and dedicated easement of right-of-way at least 12 feet wide. (Amended December 9, 1986.) (Formerly § 6-109.)

§ 6-1107. Minimum Depth. Minimum depth of each Lot shall be 150 feet. (Formerly § 6-110.)

§ 6-1108. Side Yard. For single Story Dwellings, no Side Yard shall be less than 10 feet in width, and the sum of the two Yards shall be not less than 25 feet. For a Dwelling of more than one Story, there shall be Side Yards of not less than 15 feet each. Additionally, for Dwellings on Corner Lots, the Side Yard Abutting the Street shall be not less than the minimum Front Yard depth specified in § 6-1105. For unattached Buildings of accessory use, there shall be a Side Yard of not less than 10 feet; provided that unattached one Story Buildings of accessory use shall not be required to set back more than five feet from an interior side Lot line when all parts of the Accessory Building are located more than 10 feet behind the Main Building. (Amended December 9, 1986.) (Formerly § 6-111.)

§ 6-1109. Rear Yard. For Dwellings and other principal Structures, there shall be a Rear Yard of not less than 35 feet. For Accessory Buildings, there shall be a rear yard of at least five feet. (Amended November 11, 2003.) (Formerly § 6-112.)

§ 6-1110. Height Regulations. No Dwelling shall exceed two and one-half stories or 35 feet in Height whichever is less. Accessory Buildings shall not exceed 15 feet in Height. (Formerly § 6-113.)

§ 6-1111. Maximum Lot Coverage. Dwellings and Accessory Buildings shall cover not more than 40% of the Lot area. (Formerly § 6-114.)

§ 6-1112. Off-Street Parking. As regulated in Chapter Chapter 21. (Formerly § 6-115.)

§ 6-1113. Signs. As provided in Chapter Chapter 22. (Amended December 8, 1992.) (Formerly § 6-116.)

CHAPTER 12

A-2 AGRICULTURAL DISTRICT

§ 6-1201. Legislative Intent. This is intended to allow all types of farming without Special Use Permits. (Formerly § 6-117.)

§ 6-1202. Uses Permitted as a Matter-of-Right.

(a) General farm use including the current employment of land and buildings supporting accepted farming practice for the purpose of raising, harvesting and selling crops or for the feeding, breeding, management and sale of, or the produce of, livestock, poultry, furbearing animals or honey bees or for Dairying and the sale of dairy products or any other Agricultural use of animal husbandry or horticultural use or any combination thereof. Farm use shall include the preparation and storage of the products raised on such land for man's use and animal use and disposal by marketing or otherwise.

(b) The growing and harvesting of timber and the maintenance of Structures needed for the execution of those activities. This shall not include either uses or Structures related to the production, manufacture or storage of wood products.

(c) Public and private conservation areas and Structures for the retention of water, soil, open space, forest or wildlife resources.

(d) Public and private parks, playgrounds, recreational grounds and grounds for games and sports except those the chief activity of which is carried on, or is customarily carried on as a business.

(e) Single-family Dwelling if incidental to the above listed uses.

(f) Accessory Uses and Buildings, provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any Accessory Building shall be located on the same lot with the principal building.

(g) Neighborhood Public Utilities. (Amended June 13, 2000.)

(h) Level One Home Occupations. (Added December 14, 2004.)

(Formerly § 6-118.)

§ 6-1203. Uses Permitted with Special Use Permit. The following uses may be permitted in accordance with provisions contained in Chapter 23:

(a) Wide Area Public Utilities.

(b) Telecommunications Towers and Telecommunications Antennas, in accordance with Chapter 28.

(c) Level Two Home Occupations. (Added December 14, 2004.)

(Formerly § 6-118.1.)

Area and Use Regulations
(For Single-Family Dwellings Only)

§ 6-1204. Minimum Lot Area. Minimum Lot area shall be 20,000 square feet. There shall be no more than one single-family Dwelling Unit on each Lot. (Formerly § 6-119.)

§ 6-1205. Front Yards Area. The minimum depth of the Front Yard shall be 35 feet from the Street rightof- way if the Street is 50 feet or greater in width and if the Street is less than 50 feet in width then the minimum Front Yard shall be 60 feet from the center of the Street. In no case shall an Accessory Building be located or extend into the Front Yard. (Formerly § 6-120.)

§ 6-1206. Frontage. The minimum Lot width at setback line shall be 100 feet. Lots must either a) Abut on a public Street for a distance of not less than 30 feet, or b) have access to a public Street through a properly recorded and dedicated easement of right-of-way at least 12 feet wide. (Amended December 9, 1986.) (Formerly § 6-121.)

§ 6-1207. Minimum Depth. Minimum depth of each Lot shall be 150 feet. (Formerly § 6-122.)

§ 6-1208. Side Yard. For single Story Dwellings, no Side Yard shall be less than 10 feet in width, and the sum of the two Yards shall be not less than 25 feet. For a Dwelling of more than one Story, there shall be Side Yards of not less than 15 feet each. Additionally, for Dwellings on Corner Lots, the Side Yard Abutting the Street shall be not less than the minimum Front Yard depth specified in § 6-1205. For unattached Buildings of accessory use, there shall be a Side Yard of not less than 10 feet; provided that unattached one Story Buildings of accessory use shall not be required to set back more than five feet from an interior side Lot line when all parts of the Accessory Building are located more than 10 feet behind the Main Building. (Amended December 9, 1986.) (Formerly § 6-123.)

§ 6-1209. Rear Yard. For Dwellings and other principal Structures, there shall be a Rear Yard of not less than 35 feet. For Accessory Buildings, there shall be a rear yard of at least five feet. (Amended November 11, 2003.) (Formerly § 6-124.)

§ 6-1210. Height Regulations. No Dwelling shall exceed two and one-half stories or 35 feet in Height whichever is less. Accessory Buildings shall not exceed 15 feet in Height. (Formerly § 6-125.)

§ 6-1211. Maximum Lot Coverage. Dwellings and Accessory Building shall cover not more than 40% of the Lot area. (Formerly § 6-126.)

§ 6-1212. Off-Street Parking. As regulated in Chapter 21. (Formerly § 6-127.)

§ 6-1213. Signs. As provided in Chapter 22. (Amended December 8, 1992.) (Formerly § 6-128.)

CHAPTER 13

P-1 PUBLIC USE DISTRICT

§ 6-1301. Legislative Intent. This district is intended to allow cultural, recreational, educational, and governmental uses. The Council intends that this classification will apply primarily to governmentally owned property, but it may also apply to privately-owned property being put to similar uses. (Formerly § 6-128.1.)

Practice Note: As to the application of this Title to property owned by the Town itself, see § 6-203(a).

§ 6-1302. Uses Permitted as a Matter-of-Right.

(a) Schools not housing students overnight.

(b) Police Stations.

(c) Fire Stations.

(d) Rescue Squad Stations.

(e) Parks, playgrounds, and recreational facilities.

(f) Libraries.

(g) Administrative offices for governmental entities.

(h) Community centers and other assembly halls.

(i) Water treatment facilities.

(j) Sewage treatment facilities.

(k) Neighborhood Public Utilities. (Amended June 13, 2000.)

(l) Cemeteries. (Added September 15, 1999.)

(m) Municipal Maintenance Facilities. (Added September 15, 1999.)

(Formerly § 6-128.2.)

§ 6-1303. Uses Permitted with Special Use Permit.

(a) Festival parks, in which occasional celebrations, sales, lawn parties, fund raisers, and similar events are held.

(b) Telecommunications Towers and Telecommunications Antennas, in accordance with Chapter 28.

(c) Wide Area Public Utilities.

(Formerly § 6-128.3.)

§ 6-1304. Area Regulations. There are no requirements for minimum Lot areas, Front Yards, Street frontage, Lot Width, Depth, Side Yards, Rear Yards, or Lot coverage. (Formerly § 6-128.4.)

§ 6-1305. Height. Buildings shall not exceed three stories or 40 feet in Height, whichever is less. There is no height limit for other types of Structures, except as may be provided in Chapter Chapter 22 for signs. (Formerly § 6-128.5.)

§ 6-1306. Off-Street Parking. As provided in Chapter 21. (Formerly § 6-128.6.)

§ 6-1307. Signs. As provided in Chapter 22. (Formerly § 6-128.7.)

CHAPTER 14

FLOOD PLAIN DISTRICTS AND REGULATIONS

Legislative History: Chapter 14 was adopted by the Town but closely follows the language recommended in the Virginia Example Floodplain Management Ordinance. Accordingly, in the interpretation of this Title, no inferences may be drawn from syntactical, grammatical, or stylistic differences between this Chapter and the remaining provisions in Title Six.

Article 1

General Provisions

§ 6-1401. Statutory Authorization and Purpose. [44 CFR 59.22(a)(2)]

§ 15.2-2283 specifies that zoning ordinances shall be for the general purpose of promoting the health, safety, or general welfare of the public and of further accomplishing the objectives of § 15.2-2200 which encourages localities to improve the public health, safety, convenience, and welfare of their citizens. To these ends, flood ordinances shall be designed to provide for safety from flood, to facilitate the provision of flood protection, and to protect against loss of life, health, or property from flood.

In accordance with these directed provisions, this ordinance is specifically adopted pursuant to the authority granted to localities by Va. Code § 15.2 - 2280.

The purpose of these provisions is to prevent: the loss of life, health, or 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, 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 districts subject to flooding;

(C) Requiring all those uses, activities, and developments that do occur in flood-prone districts to be protected and/or floodproofed against flooding and flood damage; and,

(D) Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards.

§ 6-1402. Applicability. These provisions shall apply to all privately and publicly owned lands within the jurisdiction of the Town and identified as areas of special flood hazard identified by the community or shown on the flood insurance rate map (FIRM) or included in the flood insurance study (FIS) that are provided to the the Town by FEMA.

§ 6-1403. Compliance and Liability.

(A) 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 ordinance and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this ordinance.

(B) The degree of flood protection sought by the provisions of this ordinance is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study, but does not imply total flood protection. 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 ordinance does not imply that districts outside the floodplain district or land uses permitted within such district will be free from flooding or flood damages.

(C) This ordinance shall not create liability on the part of the Town or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder.

§ 6-1404. Records. [44 CFR 59.22(a)(9)(iii)] Records of actions associated with administering this ordinance shall be kept on file and maintained by or under the direction of the Floodplain Administrator in perpetuity.

§ 6-1405. Abrogation and Greater Restrictions. [44 CFR 60.1(b)] To the extent that the provisions are more restrictive, this ordinance supersedes any ordinance currently in effect in flood-prone districts. To the extent that any other existing law or regulation is more restrictive or does not conflict it shall remain in full force and effect.

These regulations are not intended to repeal or abrogate any existing ordinances including subdivision regulations, zoning ordinances, or building codes. In the event of a conflict between these regulations and any other ordinance, the more restrictive shall govern.

§ 6-1406. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance shall be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this ordinance. The remaining portions shall remain in full force and effect; and for this purpose, the provisions of this ordinance are hereby declared to be severable.

§ 6-1407. Penalty for Violations. [44 CFR 60.2(e)] Any person who fails to comply with any of the requirements or provisions of this article or directions of the director of planning or any authorized employee of the Town shall be guilty of the appropriate violation and subject to the penalties thereof.

The VA USBC addresses building code violations and the associated penalties in Sections 104 and 115 thereof. Violations and associated penalties of the Zoning Ordinance of the Town are addressed in §6-305

In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this article. The imposition of a fine or penalty for any violation of, or noncompliance with, this article shall not excuse the violation or noncompliance or permit it to continue; and all such persons shall be required to correct or remedy such violations within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this article may be declared by the Town to be a public nuisance and abatable as such. Flood insurance may be withheld from structures constructed in violation of this article.

Article 2

Administration

§ 6-1408. Designation of the Floodplain Administrator. [44 CFR 59.22(b)] The Floodplain Administrator is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator. The Floodplain Administrator may:

(A) Do the work themselves. In the absence of a designated Floodplain Administrator, the duties are conducted by the Town Manager.

(B) Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees.

(C) Enter into a written agreement or written contract with another community or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 C.F.R. Section 59.22.

§ 6-1409. Duties and Responsibilities of the Floodplain Administrator. [44 CFR 60.3] The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:

(A) Review applications for permits to determine whether proposed activities will be located in the Special Flood Hazard Area (SFHA).

(B) Interpret floodplain boundaries and provide available Base Flood Elevation and flood hazard information.

(C) Review applications to determine whether proposed activities will be reasonably safe from flooding and require new construction and substantial improvements to meet the requirements of these regulations.

(D) Review applications to determine whether all necessary permits have been obtained from the Federal, State, or local agencies from which prior or concurrent approval is required; in particular, permits from state agencies for any construction, reconstruction, repair, or alteration of a dam, reservoir, or waterway obstruction (including bridges, culverts, structures), any alteration of a watercourse, or any change of the course, current, or cross section of a stream or body of water, including any change to the 100-year frequency floodplain of free-flowing non-tidal waters of the State.

(E) Verify that applicants proposing an alteration of a watercourse have notified adjacent communities, the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management), and other appropriate agencies (VADEQ, USACE), and have submitted copies of such notifications to FEMA.

(F) Reserved.

(G) Approve applications and issue permits to develop in flood hazard areas if the provisions of these regulations have been met, or disapprove applications if the provisions of these regulations have not been met.

(H) Inspect or cause to be inspected, buildings, structures, and other development for which permits have been issued to determine compliance with these regulations or to determine if non-compliance has occurred or violations have been committed.

(I) Review Elevation Certificates and require incomplete or deficient certificates to be corrected.

(J) Submit to FEMA, or require applicants to submit to FEMA, data and information necessary to maintain FIRMs, including hydrologic and hydraulic engineering analyses prepared by or for the Town, within six months after such data and information becomes available if the analyses indicate changes in base flood elevations.

(K) Maintain and permanently keep records that are necessary for the administration of these regulations, including:

(1) Flood Insurance Studies, Flood Insurance Rate Maps (including historic studies and maps and current effective studies and maps), and Letters of Map Change; and

(2) Documentation supporting issuance and denial of permits, Elevation Certificates, documentation of the elevation (in relation to the datum on the FIRM) to which structures have been floodproofed, inspection records, other required design certifications, variances, and records of enforcement actions taken to correct violations of these regulations.

(L) Enforce the provisions of these regulations, investigate violations, issue notices of violations or stop work orders, and require permit holders to take corrective action.

(M) Advise the Board of Zoning Appeals regarding the intent of these regulations and, for each application for a variance, prepare a staff report and recommendation.

(N) Administer the requirements related to proposed work on existing buildings:

(1) Make determinations as to whether buildings and structures that are located in flood hazard areas and that are damaged by any cause have been substantially damaged.

(2) Make reasonable efforts to notify owners of substantially damaged structures of the need to obtain a permit to repair, rehabilitate, or reconstruct. Prohibit the non- compliant repair of substantially damaged buildings except for temporary emergency protective measures necessary to secure a property or stabilize a building or structure to prevent additional damage.

(O) Undertake, as determined appropriate by the Floodplain Administrator due to the circumstances, other actions which may include but are not limited to: issuing press releases, public service announcements, and other public information materials related to permit requests and repair of damaged structures; coordinating with other Federal, State, and local agencies to assist with substantial damage determinations; providing owners of damaged structures information related to the proper repair of damaged structures in special flood hazard areas; and assisting property owners with documentation necessary to file claims for Increased Cost of Compliance coverage under NFIP flood insurance policies.

(P) Notify the Federal Emergency Management Agency when the corporate boundaries of the Town have been modified and:

(1) Provide a map that clearly delineates the new corporate boundaries or the new area for which the authority to regulate pursuant to these regulations has either been assumed or relinquished through annexation; and

(2) If the FIRM for any annexed area includes special flood hazard areas that have flood zones that have regulatory requirements that are not set forth in these regulations, prepare amendments to these regulations to adopt the FIRM and appropriate requirements, and submit the amendments to the governing body for adoption; such adoption shall take place at the same time as or prior to the date of annexation and a copy of the amended regulations shall be provided to Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and FEMA.

(Q) Upon the request of FEMA, complete and submit a report concerning participation in the NFIP which may request information regarding the number of buildings in the SFHA, number of permits issued for development in the SFHA, and number of variances issued for development in the SFHA.

(R) It is the duty of the Community Floodplain Administrator to take into account flood, mudslide and flood-related erosion hazards, to the extent that they are known, in all official actions relating to land management and use throughout the entire jurisdictional area of the Community, whether or not those hazards have been specifically delineated geographically (e.g. via mapping or surveying).

§ 6-1410. Use and Interpretation of FIRMs. [44 CFR 60.3] The Floodplain Administrator shall make interpretations, where needed, as to the exact location of special flood hazard areas, floodplain boundaries, and floodway boundaries. The following shall apply to the use and interpretation of FIRMs and data:

(A) Where field surveyed topography indicates that adjacent ground elevations:

(1) Are below the Base Flood Elevation in riverine SFHAs, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as special flood hazard area and subject to the requirements of these regulations;

(2) Are above the base flood elevation and the area is labelled as a SFHA on the FIRM, the area shall be regulated as special flood hazard area unless the applicant obtains a Letter of Map Change that removes the area from the SFHA.

(B) In FEMA-identified special flood hazard areas where Base Flood Elevation and floodway data have not been identified and in areas where FEMA has not identified SFHAs, any other flood hazard data available from a Federal, State, or other source shall be reviewed and reasonably used.

(C) Base flood elevations and designated floodway boundaries on FIRMs and in FISs shall take precedence over base flood elevations and floodway boundaries by any other sources if such sources show reduced floodway widths and/or lower base flood elevations.

(D) Other sources of data shall be reasonably used if such sources show increased base flood elevations and/or larger floodway areas than are shown on FIRMs and in FISs.

(E) If a Preliminary Flood Insurance Rate Map and/or a Preliminary Flood Insurance Study has been provided by FEMA:

(1) Upon the issuance of a Letter of Final Determination by FEMA, the preliminary flood hazard data shall be used and shall replace the flood hazard data previously provided from FEMA for the purposes of administering these regulations.

(2) Prior to the issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data shall be deemed the best available data pursuant to § 1416(A)(3) and used where no base flood elevations and/or floodway areas are provided on the effective FIRM.

(3) Prior to issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data is permitted where the preliminary base flood elevations or floodway areas exceed the base flood elevations and/or designated floodway widths in existing flood hazard data provided by FEMA. Such preliminary data may be subject to change and/or appeal to FEMA.

§ 6-1411. Jurisdictional Boundary Changes. [44 CFR 59.22, 65.3] The County floodplain ordinance in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements for participation in the National Flood Insurance Program. Municipalities with existing floodplain ordinances shall pass a resolution acknowledging and accepting responsibility for enforcing floodplain ordinance standards prior to annexation of any area containing identified flood hazards. If the FIRM for any annexed area includes special flood hazard areas that have flood zones that have regulatory requirements that are not set forth in these regulations, the governing body shall prepare amendments to these regulations to adopt the FIRM and appropriate requirements, and submit the amendments to the governing body for adoption; such adoption shall take place at the same time as or prior to the date of annexation and a copy of the amended regulations shall be provided to Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and FEMA.

In accordance with the Code of Federal Regulations, Title 44 Subpart (B) Section 59.22(a)(9)(v) all NFIP participating communities must notify the Federal Insurance Administration and optionally the State Coordinating Office in writing whenever the boundaries of the community have been modified by annexation or the community has otherwise assumed or no longer has authority to adopt and enforce floodplain management regulations for a particular area.

In order that all Flood Insurance Rate Maps accurately represent the community’s boundaries, a copy of a map of the community suitable for reproduction, clearly delineating the new corporate limits or new area for which the community has assumed or relinquished floodplain management regulatory authority must be included with the notification.

§ 6-1412. District Boundary Changes. The delineation of any of the Floodplain Districts may be revised by the Town where natural or man-made changes have occurred and/or where more detailed studies have been conducted or undertaken by the U. S. Army Corps of Engineers or other qualified agency, or an individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency. A completed LOMR is a record of this approval.

§ 6-1413. Interpretation of District Boundaries. Initial interpretations of the boundaries of the Floodplain Districts shall be made by the Zoning Officer. Should a dispute arise concerning the boundaries of any of the Districts, the Board of Zoning Appeals shall make the necessary determination. The person questioning or contesting the location of the District boundary shall be given a reasonable opportunity to present his case to the Board and to submit his own technical evidence if he so desires.

§ 6-1414. Submitting Model Backed Technical Data. [44 CFR 65.3] A community’s base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the 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 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.

§ 6-1415. Letters of Map Revision. When development in the floodplain will cause or causes a change in the Base Flood Elevation, the applicant, including state agencies, must notify FEMA by applying for a Conditional Letter of Map Revision and then a Letter of Map Revision.

Examples Developed By the Commonwealth:

(•) Any development that causes a rise in the base flood elevations within the floodway.

(•) Any development occurring in Zones A1-30 and AE without a designated floodway, which will cause a rise of more than one foot in the base flood elevation.

(•) Alteration or relocation of a stream (including but not limited to installing culverts and bridges). 44 Code of Federal Regulations §65.3 and §65.6(a)(12).

Article 3

Establishment of Zoning Districts

§ 6-1416. Description of Special Flood Hazard Districts. [44 CFR 59.1, 60.3]

(A) Basis of Districts. The various special flood hazard districts shall include the SFHAs. The basis for the delineation of these districts shall be the FIS and the FIRM for the Town prepared by the Federal Emergency Management Agency, Federal Insurance Administration, dated August 18,2014, or most recent effective date , and any subsequent revisions or amendments thereto.

The Town may identify and regulate local flood hazard or ponding areas that are not delineated on the FIRM. These areas may be delineated on a “Local Flood Hazard Map” using best available topographic data and locally derived information such as flood of record, historic high water marks, or approximate study methodologies.

The boundaries of the SFHA Districts are established as shown on the FIRM which is declared to be a part of this ordinance and which shall be kept on file at the Town offices.

(1) The Floodway District is in an AE Zone and is delineated, for purposes of this ordinance, using the criterion that certain areas within the floodplain must be capable of carrying the waters of the one percent annual chance 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 Six of the above-referenced FIS and shown on the accompanying FIRM.

The following provisions shall apply within the Floodway District of an AE zone [44 CFR 60.3(d)]:

(a) Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment will not result in any increase in flood levels within the community during the occurrence of the base flood discharge. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify 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 Floodplain Administrator.

Development activities which increase the water surface elevation of the base flood may be allowed, provided that the applicant first applies – with the Town's endorsement – for a Conditional Letter of Map Revision (CLOMR), and receives the approval of the Federal Emergency Management Agency.

If this paragraph (A)(1)(a) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article 4.

(b) The placement of manufactured homes (mobile homes) is prohibited, except in an existing manufactured home (mobile home) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring, elevation, and encroachment standards are met.

(2) The AE, or AH Zones on the FIRM accompanying the FIS shall be those areas for which one-percent annual chance flood elevations have been provided and the floodway has not been delineated. The following provisions shall apply within an AE or AH zone [44 CFR 60.3(c)] where FEMA has provided base flood elevations :

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

Development activities in Zones Al-30, AE, or AH on the Town's FIRM which increase the water surface elevation of the base flood by more than one foot may be allowed, provided that the applicant first applies – with the Town's endorsement – for a Conditional Letter of Map Revision, and receives the approval of the Federal Emergency Management Agency.

(3) The A Zone on the FIRM accompanying the FIS shall be those areas for which no detailed flood profiles or elevations are provided, but the one percent annual chance floodplain boundary has been approximated. For these areas, the following provisions shall apply: [44 CFR 60.3(b)]:

The Approximated Floodplain District shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a one percent annual chance floodplain boundary has been approximated. Such areas are shown as Zone A on the maps accompanying the FIS. For these areas, the base flood elevations and floodway information from Federal, State, and other acceptable sources shall be used, when available. Where the specific one percent annual chance flood elevation cannot be determined for this area using other sources of data, such as the U. S. Army Corps of Engineers Floodplain Information Reports, U. S. Geological Survey Flood-Prone Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this base flood elevation. For development proposed in the approximate floodplain the applicant must use technical methods that correctly reflect currently accepted practices, such as point on boundary, high water marks, or detailed methodologies hydrologic and hydraulic analyses. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the Floodplain Administrator.

The Floodplain Administrator reserves the right to require a hydrologic and hydraulic analysis for any development. When such base flood elevation data is utilized, the lowest floor shall be elevated to or above the base flood level plus 0.305 meters.

During the permitting process, the Floodplain Administrator shall obtain:

(a) The elevation of the lowest floor (in relation to mean sea level), including the basement, of all new and substantially improved structures; and,

(b) If the structure has been floodproofed in accordance with the requirements of this article, the elevation (in relation to mean sea level) to which the structure has been floodproofed.

Base flood elevation data shall be obtained from other sources or developed using detailed methodologies comparable to those contained in a FIS for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed fifty lots or five acres, whichever is the lesser.

(4) The AO Zone on the FIRM accompanying the FIS shall be those areas of shallow flooding identified as AO on the FIRM. For these areas, the following provisions shall apply: [44 CFR 60.3(c)]

(a) All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to or above the flood depth specified on the FIRM, above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be elevated no less than two feet above the highest adjacent grade.

(b) All new construction and substantial improvements of non-residential structures shall

(1) Have the lowest floor, including basement, elevated to or above the flood depth specified on the FIRM, above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least two feet above the highest adjacent grade; or,

(2) Together with attendant utility and sanitary facilities be completely floodproofed to the specified flood level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

(c) Adequate drainage paths around structures on slopes shall be provided to guide floodwaters around and away from proposed structures.

§ 6-1417. Overlay Concept. The Floodplain Districts described above shall be overlays to the existing underlying districts as shown on the Official Zoning Ordinance Map, and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions.

If there is any conflict between the provisions or requirements of the Floodplain Districts and those of any underlying district, the more restrictive provisions and/or those pertaining to the floodplain districts shall apply.

In the event any provision concerning a Floodplain District is declared inapplicable as a result of any legislative or administrative actions or judicial decision, the basic underlying provisions shall remain applicable.

Article 4

District Provisions

[44 CFR 59.22, 60.2, 60.3]

§ 6-1418. Permit and Application Requirements.

(A) Permit Requirement. All uses, activities, and development occurring within any floodplain district, including placement of manufactured homes, shall be undertaken only upon the issuance of a permit. Such development shall be undertaken only in strict compliance with the provisions of this Ordinance and with all other applicable codes and ordinances, as amended, such as the Virginia Uniform Statewide Building Code (VA USBC) and Title Five of the Town Code. Prior to the issuance of any such permit, the Floodplain 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. Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system.

(B) Site Plans and Permit Applications. All applications for development within any floodplain district and all permits issued for the floodplain shall incorporate the following information:

(1) The elevation of the Base Flood at the site.

(2) For structures to be elevated, the elevation of the lowest floor (including basement).

(3) For structures to be floodproofed (non-residential only), the elevation to which the structure will be floodproofed.

(4) Topographic information showing existing and proposed ground elevations.

§ 6-1419. General Standards. The following provisions shall apply to all permits:

(A) New construction and substantial improvements shall be built according to this ordinance and the VA USBC, and anchored to prevent flotation, collapse, or lateral movement of the structure.

(B) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state anchoring requirements for resisting wind forces.

(C) New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(D) New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.

(E) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities, including duct work, shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(F) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.

(G) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.

(H) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.

In addition to provisions A – H above, in all special flood hazard areas, the additional provisions shall apply:

(I) Prior to any proposed alteration or relocation of any channels or of any watercourse, stream, etc., within this jurisdiction a permit shall be obtained from the U. S. Corps of Engineers, the Virginia Department of Environmental Quality, and the Virginia Marine Resources Commission (a joint permit application is available from any of these organizations). Furthermore, in riverine areas, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management), other required agencies, and the Federal Emergency Management Agency.

(J) The flood carrying capacity within an altered or relocated portion of any watercourse shall be maintained.

§ 6-1420. Elevation and Construction Standards. [44 CFR 60.3] In all identified flood hazard areas where base flood elevations have been provided in the FIS or generated by a certified professional in accordance with § 6-1416(A)(3) the following provisions shall apply:

(A) Residential Construction. New construction or substantial improvement of any residential structure (including manufactured homes) in Zones A1-30, AE, AH, and A with detailed base flood elevations shall have the lowest floor, including basement, elevated to or above the base flood level plus 0.305 meters.

(B) Non-Residential Construction.

(1) New construction or substantial improvement of any commercial, industrial, or non- residential building (or manufactured home) shall have the lowest floor, including basement, elevated to or above the base flood level plus 0.305 meters.

(2) Non-residential buildings located in all A1-30, AE, and AH zones may be floodproofed in lieu of being elevated provided that all areas of the building components below the elevation corresponding to the BFE plus 0.305 meters are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification, including the specific elevation (in relation to mean sea level) to which such structures are floodproofed, shall be maintained by the Town Manager.

(C) Space Below the Lowest Floor. In zones A, AE, AH, AO, and A1-A30, fully enclosed areas, of new construction or substantially improved structures, which are below the regulatory flood protection elevation shall:

(1) Not be designed or used for human habitation, but shall be used solely for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator).

(2) Be constructed entirely of flood resistant materials below the regulatory flood protection elevation;

(3) Include measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet the following minimum design criteria:

(a) Provide a minimum of two openings on different sides of each enclosed area subject to flooding.

(b) The total net area of all openings must be at least one square inch for each square foot of enclosed area subject to flooding.

(c) If a building has more than one enclosed area, each area must have openings to allow floodwaters to automatically enter and exit.

(d) The bottom of all required openings shall be no higher than one foot above the adjacent grade.

(e) Openings may be equipped with screens, louvers, or other opening coverings or devices, provided they permit the automatic flow of floodwaters in both directions.

(f) Foundation enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires openings as outlined above.

(D) Accessory Structures. Accessory structures in the SFHA shall comply with the elevation requirements and other requirements of § 6-1420(B), or, if not elevated or dry floodproofed, shall:

(1) Not be used for human habitation;

(2) Be limited to no more than 600 square feet in total floor area;

(3) Be useable only for parking of vehicles or limited storage;

(4) Be constructed with flood damage-resistant materials below the Base Flood Elevation;

(5) Be constructed and placed to offer the minimum resistance to the flow of floodwaters;

(6) Be anchored to prevent flotation;

(7) Have electrical service and mechanical equipment elevated to or above the base flood elevation;

(8) Shall be provided with flood openings which shall meet the following criteria:

(a) There shall be a minimum of two flood openings on different sides of each enclosed area; if a building has more than one enclosure below the lowest floor, each such enclosure shall have flood openings on exterior walls.

(b) The total net area of all flood openings shall be at least one square inch for each square foot of enclosed area (non-engineered flood openings), or the flood openings shall be engineered flood openings that are designed and certified by a licensed professional engineer to automatically allow entry and exit of floodwaters; the certification requirement may be satisfied by an individual certification or an Evaluation Report issued by the ICC Evaluation Service, Inc.

(c) The bottom of each flood opening shall be 1 foot or less above the higher of the interior floor or grade, or the exterior grade, immediately below the opening.

(d) Any louvers, screens or other covers for the flood openings shall allow the automatic flow of floodwaters into and out of the enclosed area.

(E) Standards for Manufactured Homes and Recreational Vehicles.

(1) In zones A, AE, AH, and AO, all manufactured homes placed, or substantially improved, on individual lots or parcels, must meet all the requirements for new construction, including the elevation and anchoring requirements in § 6-1419 and § 6-1420.

(2) All recreational vehicles placed on sites must either:

(a) Be on the site for fewer than 180 consecutive days, 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); or

(b) Meet all the requirements for manufactured homes in paragraph (E)(1) above.

§ 6-1421. Standards for Subdivision Proposals.

(A) All subdivision proposals shall be consistent with the need to minimize flood damage;

(B) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;

(C) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards, and

(D) Base flood elevation data shall be obtained from other sources or developed using detailed methodologies, hydraulic and hydrologic analysis, comparable to those contained in a Flood Insurance Study for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed fifty lots or five acres, whichever is the lesser.

Article 5

Existing Structures in Floodplain Areas

§ 6-1422. Generally. Any structure or use of a structure or premises must be brought into conformity with these provisions when it is changed, repaired, or improved unless one of the following exceptions is established before the change is made:

(A) The floodplain manager has determined that:

(1) Change is not a substantial repair or substantial improvement AND

(2) No new square footage is being built in the floodplain that is not compliant AND

(3) No new square footage is being built in the floodway AND

(4) The change complies with this ordinance and the VA USBC AND

(5) The change does not constitute 50% of the structure’s value.

(B) The changes are required to comply with a citation for a health or safety violation.

(C) The structure is a historic structure and the change required would impair the historic nature of the structure.

Article 6

Variances: Factors To Be Considered

44 CFR 60.6

§ 6-1423. Generally. Variances shall be issued only upon (i) a showing of good and sufficient cause, (ii) after the Board of Zoning Appeals has determined that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) after the Board of Zoning Appeals has determined that the granting of such variance will not result in (a) unacceptable or prohibited increases in flood heights, (b) additional threats to public safety, (c) extraordinary public expense; and will not (d) create nuisances, (e) cause fraud or victimization of the public, or (f) conflict with local laws or ordinances.

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

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

In passing upon applications for variances, the Board of Zoning Appeals shall satisfy all relevant factors and procedures specified in other sections of this Title and consider the following additional factors:

(A) The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development, or activity within any Floodway District that will cause any increase in the one percent chance flood elevation.

(B) The danger that materials may be swept on to 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 by ordinary and emergency vehicles to the property in time of flood.

(K) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site.

(L) The historic nature of a structure. Variances for repair or rehabilitation of historic structures may be granted upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(M) No variance shall be granted for an accessory structure exceeding 600 square feet.

(L) Such other factors which are relevant to the purposes of this Chapter.

The Board of Zoning Appeals may refer any application and accompanying documentation pertaining to any request for a 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 flood protection and other related matters.

Variances shall be issued only after the Board of Zoning Appeals has determined that the granting of such will not result in (i) unacceptable or prohibited increases in flood heights, (ii) additional threats to public safety, (iii) extraordinary public expense; and will not (iv) create nuisances, (v) cause fraud or victimization of the public, or (vi) conflict with local laws or ordinances.

Variances shall be issued only after the Board of Zoning Appeals has determined that the variance will be the minimum required to provide relief.

The Board of Zoning Appeals shall notify the applicant for a variance, in writing that the issuance of a variance to construct a structure below the one percent chance flood elevation (i) increases the risks to life and property and (ii) will result in increased premium rates for flood insurance.

A record shall be maintained of the above notification as well as all variance actions, including justification for the issuance of the variances. Any variances that are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator.

Article 7

Definitions

44 CFR 59.1

§ 6-1424. Definitions. For terms used in this Chapter, the definitions of this section shall control, superseding any definitions found in § 6-401 or elsewhere in this Title. Nevertheless, if a term used in this Chapter is not defined in this section, any definition in § 6-401 shall apply.

(1) Appurtenant or accessory structure: A non-residential structure which is on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Accessory structures are not to exceed 600 square feet.

(2) Base Flood: The flood having a one percent chance of being equalled or exceeded in any given year.

(3) Base Flood Elevation: The water surface elevations of the base flood, that is, the flood level that has a one percent or greater chance of occurrence in any given year. The water surface elevation of the base flood in relation to the datum specified on the community’s Flood Insurance Rate Map. For the purposes of this Chapter, the base flood is the one percent annual chance flood.

(4) Basement: Any area of the building having its floor sub-grade (below ground level) on all sides.

(5) Board of Zoning Appeals: The board appointed to review appeals made by individuals with regard to decisions of the Zoning Administrator in the interpretation of this Chapter.

(6) Development: Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling, or storage of equipment or materials.

(7) Elevated Building: A non-basement building built to have the lowest floor elevated above the ground level by means of solid foundation perimeter walls, pilings, or columns (posts and piers).

(8) Encroachment: 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.

(9) Existing Construction: For the purposes of the insurance program, structures for which the Start of Construction commenced before the effective date of the FIRM or before January 1, 1975 for FIRMs effective before that date. “Existing construction” may also be referred to as “existing structures” and “pre-FIRM.”

(10) Flood or Flooding:

(A) A general or temporary condition of partial or complete inundation of normally dry land areas from:

(1) The overflow of inland or tidal waters; or,

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

(3) Mudflows which are proximately caused by flooding as defined in paragraph (A)(2) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

(B) 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 flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (A)(1) of this definition.

(11) Flood Insurance Rate Map (FIRM): An official map of a community, on which the Federal Emergency Management Agency has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).

(12) Flood Insurance Study (FIS): A report by FEMA that examines, evaluates and determines flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudflow and/or flood-related erosion hazards.

(13) Floodplain or Flood-Prone Area: Any land area susceptible to being inundated by water from any source.

(14) Floodproofing: Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

(15) Floodway: 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 at any point within the community.

(16) Freeboard: A factor of safety usually expressed in feet or meters 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 wave action, bridge openings, and the hydrological effect of urbanization in the watershed.

(17) Functionally Dependent Use: A use which cannot perform its intended purpose unless it islocated or carried out in close proximity to water. This term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

(18) Highest Adjacent Grade: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

(19) Historic Structure: Any structure that is:

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

(ii) 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;

(iii) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or,

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

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

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

(20) Hydrologic and Hydraulic Engineering Analysis: Analyses performed by a licensed professional engineer, in accordance with standard engineering practices that are accepted by the Virginia Department of Conservation and Recreation and FEMA, used to determine the base flood, other frequency floods, flood elevations, floodway information and boundaries, and flood profiles.

(21) Letters of Map Change (LOMC): A Letter of Map Change is an official FEMA determination, by letter, that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:

(i) Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a land as defined by meets and bounds or structure is not located in a special flood hazard area.

(ii) Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. A Letter of Map Revision Based on Fill (LOMR-F), is a determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer exposed to flooding associated with the base flood. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community’s floodplain management regulations.

(iii) Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study.

(22) Lowest Adjacent Grade. The lowest natural elevation of the ground surface next to the walls of a structure.

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

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

(25) Manufactured Home Park or Subdivision: A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

(26) Mean Sea Level: for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988 to which base flood elevations shown on a community’s FIRM are referenced

(27) New Construction: For the purposes of determining insurance rates, structures for which the Start of Construction commenced on or after December 15, 1983, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the Start of Construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

(28) Post-FIRM Structures: A structure for which construction or substantial improvement occurred on or after December 15, 1983.

(29) Pre-FIRM Structures: A structure for which construction or substantial improvement occurred before December 15, 1983.

(30) Recreational Vehicle: A vehicle which is:

(i) Built on a single chassis;

(ii) 400 square feet or less when measured at the largest horizontal projection;

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

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

(31) Repetitive Loss Structure: A building covered by a contract for flood insurance that has incurred flood-related damages on two occasions in a 10-year period , in which the cost of the repair, on the average, equalled or exceeded 25% of the market value of the structure at the time of each such flood event; and at the time of the second incidence of flood-related damage, the contract for flood insurance contains increased cost of compliance coverage.

(32) Severe Repetitive Loss Structure: A structure that:

(a) Is covered under a contract for flood insurance made available under the NFIP; and

(b) Has incurred flood related damage

(i) For which 4 or more separate claims payments have been made under flood insurance coverage with the amount of each such claim exceeding $5,000, and with the cumulative amount of such claims payments exceeding $20,000; or

(ii) For which at least two separate claims payments have been made under such coverage, with the cumulative amount of such claims exceeding the market value of the insured structure.

(33) Shallow Flooding Area: 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.

(34) Special Flood Hazard Area: The land in the floodplain subject to a one percent or greater chance of being flooded in any given year as determined in § 6-1416.

(35) Start of Construction: For other than new construction and substantial improvement, under the Coastal Barriers Resource Act (P.L. – 97-348), means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; 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.

(36) Structure: For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

(37) Substantial Damage: 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.

(38) Substantial Improvement: Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the Start of Construction of the improvement. The term does not, however, include either:

(i) 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

(ii) Any alteration of a historic structure, provided that the alteration will not preclude the structure’s continued designation as a historic structure.

(iii) Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined above, must comply with all ordinance requirements that do not preclude the structure’s continued designation as a historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure.

(39) Violation: The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this Chapter is presumed to be in violation until such time as that documentation is provided.

(40) Watercourse: 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.

CHAPTER 15

NEIGHBORHOOD DISTRICTS

§ 6-1501. Intent. This Chapter is intended to promote responsible, healthy, livable development in areas where parking can be dealt with creatively. (Added October 8, 2013) (Formerly § 6-13.2-1.)

§ 6-1502. Designations. The Council may designate, by ordinance, one or more overlay districts known as “Neighborhood Districts.” The creation of a Neighborhood District, in and of itself, has no effect under this ordinance, other than to allow landowners (or other proper parties) to petition for a Neighborhood District Special Use Permit. (Added October 8, 2013) (Formerly § 6-13.2-2.)

Practice Note: The designated neighborhood district establishes the outer limits of control for this Chapter, but the designation itself does not, repeat not, change any property regulations. Only the Neighborhood District Special Use Permit changes regulations.

§ 6-1503. Special Use Permit. Within a Neighborhood District a special use permit may be sought for any particular property under Chapter Chapter 23 of this Title. Upon approval of the Special Use Permit, the provisions of Chapters 5-13, 21, and 22 shall not apply. (Formerly § 6-13.2-3.)

Legislative Intent: As with all Special Use Permits, the Council may impose conditions upon the issuance thereof. For example, the Council will commonly require that all properties governed by a Neighborhood District Special Use Permit connect to utilities by underground cables.

§ 6-1504. Permitted Uses. For property governed by a Neighborhood District Special Use Permit, only the following uses are permitted.

(i) Restaurants.

(ii) Retail Stores of less than 10,000 square feet.

(iii) Offices, including professional, insurance, real estate, and administrative offices. This paragraph does not permit veterinary offices or veterinary hospitals.

(iv) Museums, galleries, theatres, and similar cultural establishments.

(v) Banks.

(vi) Barbershops and beauty parlors.