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Building & Zoning

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ARTICLE 4.  DISTRICT REGULATIONS 

Sec. 4-1. A-RR Agricultural-rural Residential District.

     4-1.1. Intent of district. Pursuant to the purposes of this Ordinance, the intent of the A-RR Agricultural-rural Residential District is to preserve and maintain the predominantly rural character of the county by encouraging agricultural, forestry, mineral extraction, open space, recreational and conservation activities as the primary uses in the district, while providing opportunities for residential use, including manufactured homes, on large lots within a rural environment, together with support uses which typically require large site areas and are subject to specific review and approval to ensure compatibility. The district is intended to encourage the appropriate use of mineral resources of the county, to protect and conserve such resources and to recognize their importance to the economy and well-being of the county. The regulations of the district are intended to avoid strip residential development as well as concentrations of residential lots, and to promote the efficient use of land and natural resources. The district is intended to be applied to vast areas of the county where public sewer, water and other public services are typically not available and are not likely to be provided.

     4-1.2. Permitted uses and structures. The following uses and structures shall be permitted in the A-RR Agricultural-rural Residential District:

  1. Agricultural uses, including horticulture, general farming, truck gardens, cultivation of field crops, orchards, groves and nurseries for growing trees and other plants, keeping and raising of livestock, and including incidental processing, storing and selling of products raised or produced on the premises, and including all structures, machinery and activities necessary to support such uses; provided that no enclosed pen, building or structure for the keeping of livestock, excluding grazing areas, shall be located within forty (40) feet of any side or rear lot line.
     

  2. Forestry, tree farming, wildlife preserves and conservation areas, including sawmills when such sawmills are permitted by special use permit as set forth in Article 8 of this Ordinance.
     

  3. Single-family dwellings.
     

  4. Manufactured homes located on individual lots when provided with permanent foundations meeting the requirements of the Uniform Statewide Building Code and when all regulations applicable to single-family dwellings in this district are met. Where an approved permanent foundation does not consist of a foundation wall around the full perimeter of the manufactured home, skirting shall be provided in accordance with the requirements of section 5-10.5 (7) of this Ordinance.
     

  5. Nursing homes, provided that a plan of development approved by the planning commission shall be required as set forth in Article 7 of this Ordinance.
     

  6. Churches, provided that a plan of development approved by the planning commission shall be required as set forth in Article 7 of this Ordinance.
     

  7. Public schools and private schools having substantially the same curriculum as public schools, provided that a special use permit shall be required as set forth in Article 8 of this Ordinance.
     

  8. Parks, recreational facilities, community centers, libraries. Provided that a special use permit shall be required as set forth in Article 8 of this Ordinance for all uses and structures permitted by this paragraph.

    (Amended 7-7-1999)
     

  9. Rights-of-way, easements and appurtenances for public utilities and public transportation, but not including railroad yards, freight or passenger depots, generating plants, sewerage treatment plants or similar facilities.
     

  10. Natural and methane gas gathering and transmission lines, provided that a plan of development approved by the zoning administrator shall be required as set forth in Article 7 of this Ordinance.
     

  11. Refuse collection and recycling collection centers for use by the general public, when such centers are owned, operated or leased by Wise County, and provided that a plan of development approved by the planning commission shall be required as set forth in Article 7 of this Ordinance.
     

  12. Fire stations and rescue squad facilities, provided that a special use permit shall be required as set forth in Article 8 of this Ordinance.
     

  13. Cemeteries, provided that a special use permit shall be required as set forth in Article 8 of this Ordinance.
     

  14. Fairgrounds, provided that a special use permit shall be required as set forth in Article 8 of this Ordinance.
     

  15. Stables operated for private or commercial purposes, provided that no pen, building or structure for the keeping of horses shall be located within forty (40) feet of any side or rear lot line, and provided further that a special use permit shall be required as set forth in Article 8 of this Ordinance for any stable operated for commercial purposes.
     

  16. Dog kennels operated for commercial and noncommercial purposes, either as principal uses or as accessory uses to other permitted uses, provided that no outdoor pen or run shall be located within forty (40) feet of any side or rear lot line; and provided further that a special use permit shall be required as set forth in Article 8 of this Ordinance for any dog kennel operated for commercial purposes.
     

  17. Hunting or fishing clubs or lodges operated for nonprofit purposes and limited to use by members and their guests, provided that a special use permit shall be required as set forth in Article 8 of this Ordinance.
     

  18. Rifle and pistol shooting ranges operated for nonprofit purposes and limited to use by members and their guests, provided that a special use permit shall be required as set forth in Article 8 of this Ordinance, and provided further that outdoor ranges shall be so located, arranged and operated and shall be provided with such safety measures as deemed necessary by the board of supervisors to avoid safety hazards and noise disturbances to occupants of nearby properties, as well as to the general public.
     

  19. Golf courses and country clubs, public or private, including accessory facilities for the sale and serving of food and beverages and the sale of golfing equipment and supplies; provided that a special use permit shall be required as set forth in Article 8 of this Ordinance.
     

  20. Mineral extraction and processing, including underground mining, surface mining, extraction and removal of coal, stone, gravel, sand and similar minerals or raw materials and structures and activities accessory thereto; provided that all mining activities are conducted in accordance with applicable regulations of the state department of mines, minerals and energy and pursuant to permits or licenses issued by said department, where applicable; and provided further that a plan of development approved by the zoning administrator shall be required as set forth in Article 7 of this Ordinance.
     

  21. Drilling and operation of oil, natural gas and methane gas wells, including well heads and structures and activities accessory thereto, provided that all drilling and related activities and structures conform with applicable regulations of the Commonwealth of Virginia and are established and operated pursuant to well work permits and such other permits and approvals as may be required by the Virginia Oil and Gas Inspector or other state agency; and provided further that a plan of development approved by the zoning administrator shall be required as set forth in Article 7 of this Ordinance.
     

  22. Injection wells used to dispose of strongly saline water (brine) produced within Wise County when oil and gas are extracted, including well heads and structures and activities accessory thereto, provided that all drilling and related activities and structures conform with applicable regulations of the Commonwealth of Virginia and are established and operated pursuant to permits as issued by the appropriate state and/or federal agency; and provided further that a special use permit shall be required as set forth in Article 8 of this Ordinance.
     

  23. Bed and breakfast facilities as defined in Article 11, provided that a special use permit shall be required as set forth in Article 8 of this Ordinance.
     

  24. Home occupations as defined in Article 11 of this Ordinance.
     

  25. Home businesses as defined in Article 11 of this Ordinance.
     

  26. Lodging units within single-family dwellings when such lodging units are occupied by a total of not more than two (2) persons.
     

  27. Signs as permitted by the provisions of Article 5 of this Ordinance.
     

  28. Accessory uses and structures.

     4-1.3. Lot area and width requirements. The following lot area and lot width requirements shall be applicable in the A-RR Agricultural-rural Residential District (see section 5-8 for average lot sizes in residential subdivisions):

  1. Single-family dwellings and nursing homes shall be located on lots of not less than one-half (1/2) acre in area and not less than one hundred fifty (150) feet in width, provided that a larger lot area may be required by the health official where deemed necessary for the provision of on-site sewerage disposal or water supply systems.
     

  2. There shall be no minimum required lot area or lot width for uses other than single-family dwellings and nursing homes, provided that sufficient lot area and width are available to enable compliance with all other applicable requirements of this Ordinance, including requirements of the health official in cases where public sewer or public water systems are not available, and including such requirements as may be imposed in conjunction with the approval of any special use permit or plan of development.

     4-1.4. Usable open space requirements. Usable open space in the amount of not less than two (2) square feet for each one (1) square foot of floor area contained in all buildings shall be provided on each lot devoted to nursing home use. For the purposes of this requirement, usable open space and floor area shall be as defined in Article 11 of this Ordinance.

     4-1.5. Required yards. The following yards shall be required in the A-RR Agricultural-rural Residential District (see section 3-9 for provisions for relief in cases of steep topography and Article 5 for supplementary yard regulations):

  1. Front yard. There shall be a front yard of not less than twenty (20) feet along minor and collector streets and forty (40) feet along arterial streets.
     

  2. Side yards. Side yards of not less than twenty (20) feet shall be provided.
     

  3. Rear yard. There shall be a rear yard of not less than twenty (20) feet.

     4-1.6. Height limit. No building or structure shall exceed a height of thirty-five (35) feet (see article 5 for supplementary height regulations).

Sec. 4-2. R-1 Single-family Residential District.

     4-2.1. Intent of district. Pursuant to the purposes of this Ordinance, the intent of the R-1 Single-family Residential District is to provide appropriate areas for low density single-family residential development where public sewer and water systems may or may not be available. The district is designed to preserve the essential character of existing low density residential areas, to encourage new residential development in accordance with modern subdivision standards, to protect single-family residential areas from encroachment by potentially incompatible commercial land uses and higher density development, and to maintain a low density of development to avoid undue burden on utilities and other public services. The district is intended to accommodate manufactured homes on individual lots and specific nonresidential uses which are necessary to provide for the recreational, educational, cultural and public service needs of a residential community. The district is also intended to encourage the appropriate use of mineral resources of the county, to protect and conserve such resources and to recognize their importance to the economy and well-being of the county.

     4-2.2. Permitted uses and structures. The following uses and structures shall be permitted in the R-1 Single-family Residential District:

  1. Single-family dwellings.
     

  2. Manufactured homes located on individual lots when provided with permanent foundations meeting the requirements of the Uniform Statewide Building Code and when all regulations applicable to single-family dwellings in this district are met. Where an approved permanent foundation does not consist of a foundation wall around the full perimeter of the manufactured home, skirting shall be provided in accordance with the requirements of section 5-10.5 (7) of this Ordinance.
     

  3. Manufactured home parks subject to the requirements set forth in Article 5 of this Ordinance, provided that a special use permit shall be required as set forth in Article 8 of this Ordinance.
     

  4. Churches, provided that a plan of development approved by the planning commission shall be required as set forth in Article 7 of this Ordinance.
     

  5. Public schools and private schools having substantially the same curriculum as public schools, provided that a special use permit shall be required as set forth in Article 8 of this Ordinance.
     

  6. Parks, recreational facilities, community centers, libraries, and museums owned or operated by a governmental agency, neighborhood organization or other nonprofit organization; and other uses required for the performance of governmental functions and intended primarily to provide services to adjoining residential areas, provided that a special use permit shall be required as set forth in Article 8 of this Ordinance for all uses and structures permitted by this paragraph.
     

  7. Propagation and cultivation of crops, flowers, trees, and shrubs which are not offered for sale on the premises.
     

  8. Keeping and raising of livestock on parcels of one (1) acre or more in area, provided that no pen, building or structure for the keeping of such livestock shall be located within forty (40) feet of any side or rear lot line.
     

  9. Mineral extraction and processing, including underground mining, surface mining, extraction and removal of coal, stone, gravel, sand and similar minerals or raw materials and structures and activities accessory thereto; provided that all mining activities are conducted in accordance with applicable regulations of the state department of mines, minerals and energy and pursuant to permits or licenses issued by said department, where applicable. A special use permit shall be required as set forth in Article 8 of this Ordinance for all surface uses and structures permitted by this paragraph. A plan of development approved by the zoning administrator shall be required as set forth in Article 7 of this Ordinance for underground mining.
     

  10. Drilling and operation of oil, natural gas and methane gas wells, including well heads and structures and activities accessory thereto, provided that all drilling and related activities and structures conform with applicable regulations of the Commonwealth of Virginia and are established and operated pursuant to well work permits and such other permits and approvals as may be required by the Virginia Oil and Gas Inspector or other state agency; and provided further that a special use permit shall be required as set forth in Article 8 of this Ordinance.
     

  11. Injection wells used to dispose of strongly saline water (brine) produced within Wise County when oil and gas are extracted, including well heads and structures and activities accessory thereto, provided that all drilling and related activities and structures conform with applicable regulations of the Commonwealth of Virginia and are established and operated pursuant to permits as issued by the appropriate state and/or federal agency; and provided further that a special use permit shall be required as set forth in Article 8 of this Ordinance.
     

  12. Rights-of-way, easements and appurtenances for public utilities and public transportation, but not including railroad yards, freight or passenger depots, generating plants, transformer stations, sewerage treatment plants or similar facilities.
     

  13. Natural and methane gas gathering and transmission lines, provided that a plan of development approved by the zoning administrator shall be required as set forth in Article 7 of this Ordinance.
     

  14. Home occupations as defined in Article 11 of this Ordinance.
     

  15. Lodging units within single-family dwellings when such lodging units are occupied by a total of not more than two (2) persons.
     

  16. Bed and breakfast facilities as defined in Article 11, provided that a special use permit shall be required as set forth in Article 8 of this Ordinance.
     

  17. Signs as permitted by the provisions of Article 5 of this Ordinance.
     

  18. Accessory uses and structures.

     4-2.3. Lot area and width requirements. The following lot area and lot width requirements shall be applicable in the R-1 Single-family Residential District (see section 5-8 for average lot sizes in residential subdivisions):

  1. Single-family dwellings served by public sewer and public water systems shall be located on lots of not less than ten thousand (10,000) square feet in area and not less than eighty (80) feet in width.
     

  2. Single-family dwellings which are served by either public sewer or public water systems, but not both, shall be located on lots of not less than one hundred (100) feet in width and of such area as may be required by the health official, but in no case less than fifteen thousand (15,000) square feet.
     

  3. Single-family dwellings which are not served by public sewer and public water systems shall be located on lots of not less than one hundred fifty (150) feet in width and of such area as may be required by the health official, but in no case less than thirty thousand (30,000) square feet.
     

  4. There shall be no minimum required lot area or lot width for uses other than single-family dwellings, provided that sufficient lot area and width are available to enable compliance with all other applicable requirements of this Ordinance, including requirements of the health official in cases where public sewer or public water systems are not available, and including such requirements as may be imposed in conjunction with the approval of any special use permit or plan of development.

     4-2.4. Required yards. The following yards shall be required in the R-1 Single-family Residential District (see section 3-9 for provisions for relief in cases of steep topography and Article 5 for supplementary yard regulations):

  1. Front yard. There shall be a front yard of not less than thirty (30) feet along minor and collector streets and forty (40) feet along arterial streets.
     

  2. Side yards. Side yards of not less than fifteen (15) feet shall be provided.
     

  3. Rear yard. There shall be a rear yard of not less than twenty-five (25) feet.

     4-2.5. Height limit. No building or structure shall exceed a height of thirty-five (35) feet (see Article 5 for supplementary height regulations).

Sec. 4-3. R-2 General Residential District.

     4-3.1. Intent of district. Pursuant to the purposes of this Ordinance, the intent of the R-2 General Residential District is to provide appropriate areas for relatively high density residential development with a variety of housing types within a suitable residential environment and where public sewer and water systems are available. The district is designed to accommodate single-family, two-family and multifamily dwellings, manufactured homes, lodginghouses and limited residential care facilities in addition to specific nonresidential uses which are necessary to provide for the recreational, educational, cultural and public service needs of a residential community. It is the intent of the district to exclude land uses of a commercial nature which are potentially incompatible with residential uses. The district includes lot size, open space, yard and other requirements designed to avoid overcrowding of land, to ensure a suitable living environment, to promote compatible relationships among the various permitted housing types, and to avoid undue burden on utilities and other public services.

     4-3.2. Permitted uses and structures. The following uses and structures shall be permitted in the R-2 General Residential District:

  1. Single-family dwellings.
     

  2. Manufactured homes located on individual lots when provided with permanent foundations meeting the requirements of the Uniform Statewide Building Code and when all regulations applicable to single-family dwellings in this district are met. Where an approved permanent foundation does not consist of a foundation wall around the full perimeter of the manufactured home, skirting shall be provided in accordance with the requirements of section 5-10.5 (7) of this Ordinance.
     

  3. Manufactured home parks subject to the requirements set forth in Article 5 of this Ordinance, provided that a special use permit shall be required as set forth in Article 8 of this Ordinance.
     

  4. Single-family attached dwellings, provided that a plan of development approved by the planning commission shall be required as set forth in Article 7 of this Ordinance.
     

  5. Two-family dwellings.
     

  6. Multifamily dwellings, provided that a plan of development approved by the planning commission shall be required as set forth in Article 7 of this Ordinance.
     

  7. Lodginghouses, provided that a plan of development shall be required as set forth in Article 7 of this Ordinance.
     

  8. Nursing homes, provided that a plan of development approved by the planning commission shall be required as set forth in Article 7 of this Ordinance.
     

  9. Churches, provided that a plan of development approved by the planning commission shall be required as set forth in Article 7 of this Ordinance.
     

  10. Public schools and private schools having substantially the same curriculum as public schools, provided that a special use permit shall be required as set forth in Article 8 of this Ordinance.
     

  11. Parks, recreational facilities, community centers, libraries, and museums owned or operated by a governmental agency, neighborhood organization or other nonprofit organization; and other uses required for the performance of governmental functions and intended primarily to provide services to adjoining residential areas, provided that a special use permit shall be required as set forth in Article 8 of this Ordinance for all uses and structures permitted by this paragraph.
     

  12. Propagation and cultivation of crops, flowers, trees, and shrubs which are not offered for sale on the premises.
     

  13. Rights-of-way, easements and appurtenances for public utilities and public transportation, but not including railroad yards, freight or passenger depots, generating plants, transformer stations, sewerage treatment plants or similar facilities.
     

  14. Natural and methane gas gathering and transmission lines, provided that a plan of development approved by the Zoning Administrator shall be required as set forth in Article 7 of this Ordinance.
     

  15. Underground mining, provided that all mining activities are conducted in accordance with applicable regulations of the state department of mines, minerals and energy and pursuant to permits or licenses issued by said department, where applicable; and provided further that a plan of development approved by the zoning administrator shall be required as set forth in Article 7 of this Ordinance. No surface structures accessory to such underground mining activities shall be permitted.
     

  16. Home occupations as defined in Article 11 of this Ordinance.
     

  17. Lodging units within single-family dwellings when such lodging units are occupied by a total of not more than two (2) persons.
     

  18. Bed and breakfast facilities as defined in Article 11, provided that a special use permit shall be required as set forth in Article 8 of this Ordinance.
     

  19. Signs as permitted by the provisions of Article 5 of this Ordinance.
     

  20. Accessory uses and structures.

     4-3.3. Public sewer and water requirements. All permitted uses shall be served by public sewer and public water systems, except single-family dwellings and two-family dwellings located on lots meeting the requirements of the health official and other permitted uses for which sewerage disposal and water supply are not required by applicable health or building code requirements. Individual connections for sewer and water shall be provided for each single-family attached dwelling unit.

     4-3.4. Lot area requirements. The following lot area requirements shall be applicable in the R-2 General Residential District (see section 5-8 for average lot sizes in residential subdivisions):

  1. Single-family dwellings served by public sewer and public water systems shall be located on lots of not less than six thousand (6,000) square feet in area.
     

  2. Single-family dwellings which are not served by public sewer and public water systems shall be located on lots of such area as may be required by the health official, but in no case less than six thousand (6,000) square feet.
     

  3. Two-family dwellings served by public sewer and public water systems and lodginghouses and nursing homes shall be located on lots of not less than ten thousand (10,000) square feet in area.
     

  4. Two-family dwellings which are not served by public sewer and public water systems shall be located on lots of such area as may be required by the health official, but in no case less than ten thousand (10,000) square feet.
     

  5. Single-family attached dwellings shall be located on lots of not less than one thousand eight hundred (1,800) square feet in area, provided that the total area of the development site shall be not less than an area equal to six thousand (6,000) square feet for the first dwelling unit within the development site plus four thousand (4,000) square feet for each additional dwelling unit within the development site. For the purposes of this requirement, a development site shall be as defined in Article 11 of this Ordinance.
     

  6. Multifamily dwellings shall be located on lots of not less than six thousand (6,000) square feet in area for the first dwelling unit plus four thousand (4,000) square feet in area for each additional dwelling unit.

     4-3.5. Lot width requirements. The following lot width requirements shall be applicable in the R-2 General Residential District (see section 5-8 for average lot sizes in residential subdivisions):

  1. Permitted uses other than single-family attached dwellings shall be located on lots of not less than fifty (50) feet in width.
     

  2. Single-family attached dwellings shall be located on lots of not less than eighteen (18) feet in width, provided that the end lots of each row of attached units shall be not less than twenty-eight (28) feet in width.

     4-3.6. Usable open space requirements. Usable open space in the amount of not less than two (2) square feet for each one (1) square foot of floor area contained in all buildings shall be provided on each lot devoted to multifamily dwellings, lodginghouses and nursing homes. For the purposes of this requirement, usable open space and floor area shall be as defined in Article 11 of this Ordinance.

     4-3.7. Required yards. The following yards shall be required in the R-2 General Residential District (see section 3-9 for provisions for relief in cases of steep topography and Article 5 for supplementary yard regulations):

  1. Front yard. There shall be a front yard of not less than twenty-five (25) feet.
     

  2. Side yard. The following side yards shall be required:
     

    1. Side yards of not less than five (5) feet shall be provided on lots devoted to single-family dwelling uses.
       

    2. A side yard of not less than ten (10) feet shall be provided at each end of a row of single-family attached dwellings.
       

    3. Side yards of not less than ten (10) feet shall be provided on lots devoted to all permitted uses except single-family dwellings and single-family attached dwellings.
       

  3. Rear yard. There shall be a rear yard of not less than twenty-five (25) feet.
     

  4. Yards between main buildings. When two (2) or more buildings devoted to permitted principal uses are situated on the same lot, yards of not less than fifty (50) feet shall be provided between such buildings, except that where neither of the opposing walls of two (2) buildings contain windows, the yard between the buildings shall be not less than twenty (20) feet.

     4-3.8. Additional requirements for attached dwellings.

  1. Appropriate agreements and covenants approved as to form by the county attorney shall provide for the perpetuation and maintenance of all areas and facilities within a development site to be held in common ownership by property owners within such development site.
     

  2. Not more than six (6) dwellings shall be attached in a series or continuous row.

     4-3.9. Height limit. No building or structure shall exceed a height of thirty-five (35) feet (see Article 5 for supplementary height regulations).

Sec. 4-4. B-1 Limited Business District.

     4-4.1. Intent of district. Pursuant to the purposes of this Ordinance, the intent of the B-1 Limited Business District is to accommodate and encourage a limited range of low-intensity retail, personal service and office uses which are compatible with adjacent and nearby rural areas and residential uses, and which provide for the convenience and day-to-day needs of residents of nearby neighborhoods. The district is also intended to encourage small concentrations of business uses, to provide a transition between residential areas and heavier business uses and to be applied to relatively small geographical areas where convenience type businesses exist and where adjacent vacant properties may be appropriate for further limited business development.

     4-4.2. Permitted uses and structures. The following uses and structures shall be permitted in the B-1 Limited Business District:

  1. Automobile service stations, auto service centers and self-service gasoline stations.
     

  2. Bakeries where products are sold principally at retail on the premises.
     

  3. Banks, savings and loan offices and similar financial service offices.
     

  4. Child care centers licensed by the state, provided that outdoor play areas shall not be located within required front or side yards and shall be enclosed with continuous fencing not less than four (4) feet in height.
     

  5. Churches and other places of worship.
     

  6. Dry cleaning and laundering establishments.
     

  7. Dwelling units incidental to and contained within the same building as other uses permitted in this district, provided that such dwelling units shall be located above the ground floor or to the rear of other permitted uses, and the total floor area of that portion of the building devoted to dwelling use shall not exceed the amount of floor area devoted to other permitted uses.
     

  8. Fire stations and rescue squad facilities.
     

  9. Funeral homes.
     

  10. Garden centers, plant nurseries and greenhouses.
     

  11. Grocery stores and specialty food and beverage stores.
     

  12. Laundromats.
     

  13. Libraries, museums, schools, adult education and child development centers, community centers, parks and recreational facilities owned or operated by a governmental agency or a nonprofit organization.
     

  14. Natural and methane gas gathering and transmission lines, provided that a plan of development approved by the zoning administrator shall be required as set forth in Article 7 of this Ordinance.
     

  15. Office supply, custom printing and photocopy establishments.
     

  16. Offices, including medical and dental offices and clinics.
     

  17. Parking areas serving uses permitted in this district.
     

  18. Personal service businesses, including barber shops, beauty salons, health spas, fitness centers, dance studios, photography studios, shoe repair shops, tailor and dressmaking shops, watch and jewelry repair shops, travel agencies and similar uses.
     

  19. Post offices and pickup stations for package mailing services.
     

  20. Refuse collection and recycling collection centers for use by the general public, when such centers are owned, operated or leased by Wise County, and provided that a plan of development approved by the planning commission shall be required as set forth in Article 7 of this Ordinance.
     

  21. Restaurants and similar food service and catering establishments, but not including establishments providing live entertainment on the premises or establishments where food or beverages are intended to be consumed in vehicles on the premises. Establishments where food or beverages are available by drive-up window service shall not be permitted on any lot abutting property located within an A-RR, R-1 or R-2 District.
     

  22. Retail stores and shops as defined in Article 11 of this Ordinance.
     

  23. Rights-of-way, easements, and appurtenances necessary for the provision and maintenance of public utilities and transportation, but not including treatment plants, generating plants, railroad yards or depots.
     

  24. Service businesses, including establishments which rent, service or repair radios, televisions, video equipment and movies, home or business electronic equipment, home appliances, furniture, yard and garden equipment, tools, bicycles, locks, office machines, and similar household or business items.
     

  25. Shopping centers containing uses permitted in this district, provided that a plan of development approved by the planning commission shall be required as set forth in Article 7 of this Ordinance.
     

  26. Signs as permitted by the provisions of Article 5 of this Ordinance.
     

  27. Tourist homes.
     

  28. Underground mining, provided that all mining activities are conducted in accordance with applicable regulations of the state department of mines, minerals and energy and pursuant to permits or licenses issued by said department, where applicable; and provided further that a plan of development approved by the zoning administrator shall be required as set forth in Article 7 of this Ordinance. No surface structures accessory to such underground mining activities shall be permitted.
     

  29. Video arcades, billiard parlors and similar amusement centers, but not including other entertainment, amusement and recreational facilities which are specifically permitted in the B-2 District.
     

  30. Accessory uses and structures.

     4-4.3. Lot area and width requirements. There shall be no minimum lot area or lot width requirements, except that uses which are not served by public sewer and public water systems shall be provided with such minimum lot area as deemed necessary by the health official.

     4-4.4. Required yards. The following yards shall be required in the B-1 Limited Business District (see section 3-9 for provisions for relief in cases of steep topography and Article 5 for supplementary yard regulations):

  1. Front yard. There shall be a front yard of not less than thirty (30) feet.
     

  2. Side yards. No side yards shall be required, provided that where a side lot line abuts property located in any A-RR, R-1 or R-2 District there shall be a side yard of not less than twenty-five (25) feet, and provided further that there shall be a side yard of not less than five (5) feet adjacent to any alley.
     

  3. Rear yard. No rear yard shall be required, provided that where a rear lot line abuts property located in any A-RR, R-1 or R-2 District there shall be a rear yard of not less than twenty-five (25) feet, and provided further that there shall be a rear yard of not less than five (5) feet adjacent to any alley.

     4-4.5. Screening requirements. Where a side or rear lot line abuts property located in an A-RR, R-1 or R-2 District, there shall be a continuous opaque fence, wall or evergreen vegetative screen of not less than six (6) feet in height provided along such lot line, but not within ten (10) feet of any street right-of-way line.

     4-4.6. Height limit. No building or structure shall exceed a height of thirty-five (35) feet (see Article 5 for supplementary height regulations).

     4-4.7. Plan of development required. A plan of development as set forth in Article 7 of this Ordinance shall be required for all uses and structures in the B-1 Limited Business District.

Sec. 4-5. B-2 General Business District.

     4-5.1. Intent of district. Pursuant to the purposes of this Ordinance, the intent of the B-2 General Business District is to accommodate a wide range of retail, wholesale, service and office uses which cater to the traveling public and which serve the county as a whole. The district is intended to be applied along principal highways and to areas having direct access thereto, in order to provide safe and efficient access for commercial vehicles and relatively large volumes of private vehicles while avoiding the routing of such traffic onto minor roads or through residential areas. The regulations within the district are designed to afford flexibility in permitted uses and in the utilization of individual sites in order to promote business opportunities, economic development and the provision of services for the community and the surrounding area. The district also contains yard, screening and other provisions intended to encourage harmonious development, to minimize potential adverse impacts of general business development and to ease the transition between business areas and adjacent rural and residential areas.

     4-5.2. Permitted uses and structures. The following uses and structures shall be permitted in the B-2 General Business District:

  1. Automobile service stations, auto service centers, self-service gasoline stations and self-service or automatic auto wash facilities.
     

  2. Automobile, truck, trailer, recreational vehicle, equipment, machinery, farm implement and manufactured home sales, rental, service and repair businesses, but not including junkyards or automobile graveyards, and provided that no repair of vehicles shall be conducted outside of completely enclosed buildings.
     

  3. Bakeries where products are sold principally at retail on the premises.
     

  4. Banks, savings and loan offices and similar financial service offices.
     

  5. Building materials and supplies sales.
     

  6. Churches and other places of worship.
     

  7. Contractors' offices, shops and display rooms.
     

  8. Dry cleaning and laundering establishments.
     

  9. Dwelling units incidental to and contained within the same building as other uses permitted in this district, provided that such dwelling units shall be located above the ground floor or to the rear of other permitted uses, and the total floor area of that portion of the building devoted to dwelling use shall not exceed the amount of floor area devoted to other permitted uses.
     

  10. Entertainment, amusement and recreational facilities located within completely enclosed buildings and including bowling alleys, billiard parlors, amusement centers, video arcades, theaters, lodge and club meeting places, dance halls, auditoriums, assembly halls and similar uses.
     

  11. Fire stations and rescue squad facilities.
     

  12. Funeral homes.
     

  13. Garden centers, plant nurseries and greenhouses.
     

  14. Grocery stores and specialty food and beverage stores.
     

  15. Hospitals.
     

  16. Hotels and motels.
     

  17. Laundromats.
     

  18. Libraries, museums, schools, adult education and child development centers, community centers, parks and recreational facilities owned or operated by a governmental agency or a nonprofit organization.
     

  19. Mechanical, electrical, plumbing and heating supplies sales.
     

  20. Miniature gold courses, golf driving ranges, and other outdoor commercial recreational facilities, provided that a special use permit shall be required as set forth in Article 8 of this Ordinance.
     

  21. Natural and methane gas gathering and transmission lines, provided that a plan of development approved by the zoning administrator shall be required as set forth in Article 7 of this Ordinance.
     

  22. Office supply, custom printing and photocopy establishments.
     

  23. Offices, including medical and dental offices and clinics.
     

  24. Parking areas.
     

  25. Personal service businesses, including barber shops, beauty salons, health spas, fitness centers, dance studios, photography studios, shoe repair shops, tailor and dressmaking shops, watch and jewelry repair shops, travel agencies, and similar uses.
     

  26. Post offices and pickup stations for package mailing services.
     

  27. Refuse collection and recycling collection centers for use by the general public, when such centers are owned, operated or leased by Wise County, and provided that a plan of development approved by the planning commission shall be required as set forth in Article 7 of this Ordinance.
     

  28. Restaurants and other food service and catering establishments.
     

  29. Retail stores and shops as defined in Article 11 of this Ordinance.
     

  30. Rights-of-way, easements and appurtenances necessary for the provision and maintenance of public utilities and transportation, but not including treatment plants, generating plants, railroad yards or depots.
     

  31. Service businesses, including establishments which rent, service or repair radios, televisions, video equipment and movies, home or business electronic equipment, home appliances, furniture, yard or garden equipment, tools, bicycles, locks, office machines, and similar household or business items.
     

  32. Shopping centers containing uses permitted in this district, provided that a plan of development approved by the planning commission shall be required as set forth in Article 7 of this Ordinance.
     

  33. Signs as permitted by the provisions of Article 5 of this Ordinance.
     

  34. Tourist homes.
     

  35. Travel trailer and recreational vehicle parks and campgrounds, provided that a special use permit shall be required as set forth in Article 8 of this Ordinance.
     

  36. Underground mining, provided that all mining activities are conducted in accordance with applicable regulations of the state department of mines, minerals and energy and pursuant to permits or licenses issued by said department, where applicable; and provided further that a plan of development approved by the zoning administrator shall be required as set forth in Article 7 of this Ordinance. No surface structures accessory to such underground mining activities shall be permitted.
     

  37. Veterinary clinics and animal hospitals.
     

  38. Vocational, business and professional schools.
     

  39. Wholesale and distribution businesses, including warehouse and storage facilities accessory thereto.
     

  40. Accessory uses and structures.

     4-5.3. Lot area and width requirements. There shall be no minimum lot area or lot width requirements, except that uses which are not served by public sewer and public water systems shall be provided with such minimum lot area as deemed necessary by the health official.

     4-5.4. Required yards. The following yards shall be required in the B-2 General Business District (see section 3-9 for provisions for relief in cases of steep topography and Article 5 for supplementary yard regulations):

  1. Front yard. There shall be a front yard of not less than twenty (20) feet.
     

  2. Side yards. No side yards shall be required, provided that where a side lot line abuts property located in any A-RR, R-1, R-2 or PD-BT District there shall be a side yard of not less than twenty-five (25) feet, and provided further that there shall be a side yard of not less than five (5) feet adjacent to any alley.
     

  3. Rear yard. No rear yard shall be required, provided that where a rear lot line abuts property located in any A-RR, R-1, R-2 or PD-BT District there shall be a rear yard of not less than twenty-five (25) feet, and provided further that there shall be a rear yard of not less than five (5) feet adjacent to any alley.

     4-5.5. Use of certain required yard areas. Required side yards abutting property in any A-RR, R-1, R-2 or PD-BT District shall not be devoted to any of the following uses or activities, nor shall any of the following uses or activities take place within ten (10) feet of any street right-of-way line:

  1. Outdoor storage of building materials, supplies, equipment, machinery, or wrecked or partially dismantled vehicles.
     

  2. Outdoor display or sales areas for vehicles or other products.
     

  3. Loading or unloading areas for trucks and other vehicles.

     4-5-6. Screening requirements. Where a side or rear lot line abuts property located in any A-RR, R-1, R-2 or PD-BT District, all outside areas devoted to the storage of building materials, supplies, equipment, machinery, or wrecked or partially dismantled vehicles shall be screened from view from such property. Such screening shall consist of continuous opaque fences, walls or evergreen vegetative material not less than six (6) feet in height placed along the lot line abutting the property in the A-RR, R-1, R-2 or PD-BT District, but not within ten (10) feet of any street right-of-way.

     4-5.7. Height limit. No building or structure shall exceed a height of fifty (50) feet (see Article 5 for supplementary height regulations).

     4-5.8. Plan of development required. A plan of development as set forth in Article 7 of this Ordinance shall be required for all uses and structures in the B-2 General Business District, except those for which a special use permit is required by the provisions of this article.

     4-5.9. Transitional Provision.  A special use permit as set forth in Article 7 of this Ordinance shall be required for all uses and structures in the B-2 General Business District when such uses or structures are situated within one thousand (1000) feet of property located in a PD-BT Planned Development - Business Technology District.  Expansion, enlargement or modification of an existing development involving less one thousand acres (1000) square feet of additional building space shall be exempt from this requirement.  In addition to the Standards and Guidelines contained in Section 8-6 of this Ordinance and applicable to all special use permits, the Planning Commission and Board of Supervisors shall consider the compatibility of the use, site plan and design and character of the structure or structures with existing and proposed development in the nearby PD-BT District, including compatibility with the guidelines set forth in the approved master plan for the PD-BT District. 

(Sect. 4-5.9 Added May 11, 2000) 

Sec. 4-6. M-1 Light Industrial District.

     4-6.1. Intent of district. Pursuant to the purposes of this Ordinance, the intent of the M-1 Light Industrial District is to provide appropriate locations for light industrial and manufacturing uses, as well as related service and support uses, which involve minimal hazards and do not create significant amounts of smoke, noise, odor, dust or other potential nuisance, and which afford employment opportunities and economic development potential. M-1 Districts are intended to be located along or near primary highways to facilitate access and to avoid industrial traffic impacts on minor roads. The permitted uses and yard, screening and separation requirements in the district are intended to enhance compatibility with neighboring industrial and other uses and to avoid negative impacts on existing and future residential and business development that may be situated nearby.

     4-6.2. Permitted uses and structures. The following uses and structures shall be permitted in the M-1 Light Industrial District:

  1. Any use or structure permitted in the B-2 General Business District as set forth in section 4-5 of this Ordinance.
     

  2. Airports and landing strips, including runways, taxiways, aprons, aircraft storage and tie-down areas, hangars and other buildings, structures and facilities necessary for the operation and administration thereof; provided that a special use permit shall be required as set forth in Article 8 of this Ordinance.
     

  3. Automobile, truck, trailer, recreational vehicle, equipment, machinery, farm implement and manufactured home sales, rental, service and repair businesses, but not including junkyards or automobile graveyards, and provided that activities conducted outside of completely enclosed buildings shall be subject to the provisions of subsections 4-6.5 and 4-6.6 of this article.
     

  4. Blacksmith shops.
     

  5. Boat building.
     

  6. Cabinet, upholstery, furniture and woodworking shops.
     

  7. Cemeteries, provided that a special use permit shall be required as set forth in Article 8 of this Ordinance.
     

  8. Circus, carnival and fairgrounds, provided that a special use permit shall be required as set forth in Article 8 of this Ordinance.
     

  9. Contractors' equipment storage yards and rental of contractors' equipment.
     

  10. Ice manufacturing.
     

  11. Kennels, including outdoor kennels, operated independent of other uses or in conjunction with veterinary clinics or animal hospitals, subject to the provisions of subsections 4-6.5 and 4-6.6 of this article.
     

  12. Laboratories and research facilities.
     

  13. Machine shops which do not utilize drop hammers or punch presses exceeding forty-ton capacity.|
     

  14. Manufacturing and assembling of electronic equipment and parts, electrical appliances, musical instruments, toys, novelties, medical equipment and similar products.
     

  15. Manufacturing, compounding, assembling, treatment, or packaging of products derived from the following materials, when such materials are refined or initially processed or prepared elsewhere: Bone, canvas, cellophane, cloth, cork, feathers, felt, fibers, fur, glass, hair, horn, leather, metals, paint, paper, plastic, rubber, shells, stone, straw, textiles, tobacco and wood.
     

  16. Manufacturing, compounding, processing, packaging or treatment of bakery goods, candy, cosmetics, dairy products, drugs, food products, perfumes, pharmaceuticals, soaps, toiletries and similar products.
     

  17. Manufacturing of pottery and ceramic products utilizing only clay which has been pulverized elsewhere.
     

  18. Monument works and stone cutting.
     

  19. Petroleum, fuel oil or propane storage for purposes of distribution, provided that a special use permit shall be required as set forth in Article 8 of this Ordinance.
     

  20. Propagation, cultivation and sales of crops, flowers, trees and shrubs.
     

  21. Refuse collection and recycling collection centers for use by the general public, when such centers are owned, operated or leased by Wise County.
     

  22. Sheet metal fabrication.
     

  23. Tire recapping and retreading shops.
     

  24. Truck terminals.
     

  25. Warehouse and storage facilities.
     

  26. Welding shops.
     

  27. Accessory uses and structures.
     

  28. Natural and methane gas gathering and transmission lines, provided that a plan of development approved by the zoning administrator shall be required as set forth in Article 7 of this Ordinance.
     

  29. Underground mining, provided that all mining activities are conducted in accordance with applicable regulations of the state department of mines, minerals and energy and pursuant to permits or licenses issued by said department, where applicable; and provided further that a plan of development approved by the zoning administrator shall be required as set forth in Article 7 of this Ordinance. No surface structures accessory to such underground mining activities shall be permitted.

     4-6.3. Lot area and width requirements. There shall be no minimum lot area or lot width requirements, except that uses which are not served by public sewer and public water systems shall be provided with such minimum lot area as deemed necessary by the health official.

 

4-6.4. Required yards. The following yards shall be required in the M-1 Light Industrial Dist