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Building & Zoning – Zoning Ordinance - Article 4

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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 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 fifty (50) 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 fifty (50) feet, and provided further that there shall be a rear yard of not less than five (5) feet adjacent to any alley.

     4-6.5. 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.

     4-6.6. 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.

     4-6.7. Height limit. No building or structure shall exceed a height of fifty (50) feet, provided that additional height shall be permitted when all portions of buildings or structures in excess of fifty (50) feet in height are situated no closer to any front, side or rear property line than a distance equal to one (1) foot for each one (1) foot of total height of the building or structure (see Article 5 for supplementary height regulations).

     4-6.8. 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 M-1 Light Industrial District, except those for which a special use permit is required by the provisions of this article.

     4-6.9. Transitional Provision.  A special use permit as set forth in Article 7 of this Ordinance shall be required for all uses or structures in the M-1 Light Industrial District when such uses or structures are situated with 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 than one thousand (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. 

(Section 4-6.9 Added May 11, 2000) 

Sec. 4-7. M-2 Heavy Industrial District.

     4-7.1. Intent of district. Pursuant to the purposes of this Ordinance, the intent of the M-2 Heavy Industrial District is to provide appropriate locations for heavy industrial and manufacturing uses, as well as related service, support and business uses, which are not appropriately situated in the Light Industrial District and which may result in greater amounts of smoke, noise, odor or dust than typically associated with uses permitted in light industrial and business districts. The M-2 District is intended to accommodate those uses which, although not generally appropriate in other districts or in close proximity to residential, business or other industrial areas, are nonetheless important to the economic well-being of the County, provide desirable employment opportunities, enhance economic development potential and enlarge the tax base. The yard, separation, screening, special use and other requirements of the district are designed to promote compatibility of development and to provide protection for other uses and for the community as a whole.

     4-7.2. Permitted uses and structures. The following uses and structures shall be permitted in the M-2 Heavy Industrial District:

  1. Any use or structure permitted in the M-1 Light Industrial District as set forth in section 4-6 of this Ordinance.
     

  2. Asphalt mixing plants.
     

  3. Boiler shops.
     

  4. 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.
     

  5. Drilling and operation of oil, natural gas and methane gas wells, including well heads, gathering and transmission lines 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.
     

  6. Electric generating plants, provided that a special use permit shall be required as set forth in Article 8 of this Ordinance.
     

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

  8. Landfills which are owned and operated by Wise County, provided that a special use permit shall be required as set forth in Article 8 of this Ordinance.
     

  9. Machine shops with drop hammers or punch presses exceeding forty-ton rated capacity.
     

  10. Manufacturing, processing or storage of brick, concrete, cement, lime, gypsum, fertilizer or acids, provided that any use involving the manufacturing, processing or storage in bulk of acids, chemicals, explosives, fireworks, matches, petroleum products, fuel oil, propane, fertilizer, or similar items shall be permitted only after issuance of a special use permit as set forth in Article 8 of this Ordinance.
     

  11. Meat, poultry or fish processing or packaging; stockyards and livestock auction markets; slaughtering operations; fat grease or tallow refining or rendering; tanning, curing or storage of raw hides or skins; provided that a special use permit shall be required as set forth in Article 8 of this Ordinance.
     

  12. Mineral extraction and processing, including underground mining, surface mining, extraction and removal of coal, stone, gravel, and 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.
     

  13. Paper and pulp manufacturing or processing.
     

  14. Railroad yards and depots.
     

  15. Sawmills, planing mills and veneer mills.
     

  16. Wastewater treatment plants, provided that a special use permit shall be required as set forth in Article 8 of this Ordinance.
     

  17. Wood processing and wood preserving plants.
     

  18. Accessory uses and structures.

     4-7.3. 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.

     4-7.4. Required yards. The following yards shall be required in the M-2 Heavy Industrial District (see section 3-9 for provisions of 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 fifty (50) 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 fifty (50) feet, and provided further that there shall be a rear yard of not less than five (5) feet adjacent to any alley.

     4-7.5. 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 of sales areas for vehicles or other products.
     

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

     4-7.6. 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.

     4-7.7. Height limit. No building or structure shall exceed a height of fifty (50) feet, provided that additional height shall be permitted when all portions of buildings or structures in excess of fifty (50) feet in height are situated no closer to any front, side or rear property line than a distance equal to one (1) foot for each one (1) foot of total height of the building or structure (see Article 5 for supplementary height regulations).

     4-7.8. 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 M-2 Heavy Industrial District, except those uses and structures for which a special use permit is required by the provisions of this article. In the case of mining activities and structures for which permits are required to be issued by the state department of mines, minerals and energy, the process for review and approval of plans of development shall be as set forth in section 7-4.3 of this Ordinance.

     4-7.9. 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 M-2 Heavy Industrial 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 than one thousand (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.

Sec. 4-8. FP Floodplain Districts.

     4-8.1. Intent of districts. The intent of FP Floodplain Districts is to accomplish the purposes of the Wise County Flood Protection Ordinance as set forth in Ordinance No. 4-1980, adopted by the board of supervisors on August 14, 1980, and as thereafter amended.

     4-8.2. Application of districts. The FP Floodplain Districts shall be in addition to, and shall be construed to overlay, overlap and be superimposed on other zoning districts established by this Ordinance and shown on the official zoning district map. Any property lying within a Floodplain District shall also lie within and be subject to the regulations of one (1) or more of the other zoning districts established by this Ordinance, which districts shall be known as underlying districts.

     4-8.3. District regulations and boundaries. The regulations applicable within FP Floodplain Districts shall be as set forth in the Wise County Flood Protection Ordinance established by Ordinance No. 4-1980, adopted by the board of supervisors on August 14, 1980, and as thereafter amended. The regulations and other provisions of said ordinance and the flood boundary and floodway map prepared by the Federal Emergency Management Agency, revised December 15, 1989, and as thereafter amended, are hereby incorporated by reference and made a part of this Ordinance as though fully set forth herein.

Sec. 4-9. Lonesome Pine Airport Zoning District.

     4-9.1. Intent of district. The intent of the Lonesome Pine Airport Zoning District is to accomplish the purposes of the Wise County Lonesome Pine Airport Zoning Ordinance adopted on May 12, 1966, and as thereafter amended.

     4-9.2. Application of district. The Lonesome Pine Airport Zoning District shall be in addition to, and shall be construed to overlay, overlap and be superimposed on other zoning districts established by this Ordinance and shown on the official zoning district map. Any property lying within the Lonesome Pine Airport Zoning District shall also lie within and be subject to the regulations of one (1) or more of the other zoning districts established by this Ordinance, which districts shall be known as underlying districts.

     4-9.3. District regulations and boundaries. The regulations applicable within the Lonesome Pine Airport Zoning District shall be as set forth in the Wise County Lonesome Pine Airport Zoning Ordinance adopted on May 12, 1966, and as thereafter amended. The boundaries of said district shall be as shown on the Lonesome Pine airport zoning map dated September 30, 1965, and as thereafter amended. Said ordinance and map are hereby incorporated by reference and made a part of this Ordinance as though fully set forth herein. 

Sec. 4-10. Conservation and Recreation District.

  1. There is established an additional zoning district called the Conservation and Recreation District. The Conservation and Recreation District shall be in addition to, and shall be construed to overlay, overlap and be superimposed on other zoning districts established by the Wise County Zoning Ordinance and shown on the official zoning district map. Any property lying within a Conservation and Recreation District shall also lie within and be subject to the regulations of one (1) or more of the other zoning districts established by the zoning ordinance, which districts shall be known as underlying districts. The permitted uses listed for the Conservation and Recreation District shall replace and supersede the permitted uses listed for the underlying district, for that property lying within a Conservation and Recreation District and an underlying district. This district will be applied as an overlay to those areas of Wise County which are uniquely suited for conservation and recreation because of their natural features, association with the history of the area or potential to support development of recreational facilities which will serve the public welfare.
     

  2. The following uses and structures shall be permitted in the Conservation and Recreation District:
     

    1. Single-family dwellings;
       

    2. 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;
       

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

    4. 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;
       

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

    6. 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 for all uses and structures permitted by this paragraph;
       

    7. Natural and methane gas gathering and transmission lines, provided that a special use permit shall be required as set forth in Article 8 of this Ordinance;
       

    8. 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;
       

    9. 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;
       

    10. 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;
       

    11. Underground mining, provided that all mining activities are conducted in accordance with applicable regulations of the state department of mines, minerals and energy 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;
       

    12. 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;
       

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

    14. 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;
       

    15. Service businesses which provide services for recreational users, including rental of nonmotorized bicycles, nonmotorized boats, skiing equipment, and similar human-powered equipment; provided that a special use permit shall be required as set forth in Article 8 of this Ordinance;
       

    16. Outfitting and backcountry guide businesses which provide services or equipment for hiking, hunting, fishing, river rafting and floating, horseback trail riding or similar recreational pursuits provided that a special use permit shall be required as set forth in Article 8 of this Ordinance;
       

    17. Parking areas serving uses permitted in this district;
       

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

    19. Accessory uses and structures. 

(Section 4-10 Amend. of 2-11-93)

    
Sec. 4-11. PD-BT Planned Development - Business Technology District.

     4-11.1. Intent of District. Pursuant to the purposes of this Ordinance, the intent of the PD-BT Planned Development-Business Technology District is to encourage and provide for development of corporate office, light industrial and research centers in a park-like campus setting; and to attract office and technology based companies with high employment levels to the region. The district is intended to provide for a variety of business, office and compatible light industrial uses which are planned, developed and managed in a unified and coordinated development. The district is intended to encourage high quality development with greater levels of amenities and more efficient traffic flow, service and parking facilities than typically found in business and industrial areas that are developed on a lot-by-lot basis. Permitted uses in the district are intended to also allow for business and employee support functions grouped on freestanding sites or integrated within office buildings in order to provide necessary and convenient retail, personal and business services for occupants of the district. The district regulations are intended to promote an attractive and harmonious business environment that maximizes economic development opportunities for the County and the region, provides a desirable working environment, and respects the natural features of the site by preserving meaningful open space and vegetation.

     4-11.2. Procedures for Establishing a PD-BT District.

  1. Rezoning. Except as specifically modified by the provisions of this section, applications for rezoning property to a PD-BT District shall be submitted in the same manner and shall be reviewed and considered in the same manner as other applications to change the zoning classification of property by amendment to the Official Zoning District Map as set forth in Article 10 of this Ordinance. A master plan for the development of each PD-BT District shall be submitted by the applicant as part of the application for rezoning. Upon approval by the Board of Supervisors, the standards and requirements set forth in such master plan, together with the applicable requirements of this Ordinance, shall constitute the regulations applicable within the particular PD-BT District.
     

  2. Master plan. Every application for rezoning to a PD-BT District shall include a master plan for development of the site. The master plan shall consist of not less than the following written and graphic information, in such number as specified by policy of the Planning Commission, prepared in sufficient detail and scale and with sufficient clarity to accurately depict the nature and character of development proposed within the District:
     

    1. A plat, legal description of the property and verification of ownership or control by the applicant;
       

    2. Existing zoning, uses and structures on the subject site, and existing zoning and use of adjacent properties;
       

    3. An inventory of major site characteristics and natural features, including topography with contour intervals of five (5) feet or less, water courses, water bodies, floodplains, wetlands, wooded areas and other major vegetation features, and historic and archeological resources;
       

    4. Description of the proposed development, including its general character, the manner in which it satisfies the purposes and intent of the PD-BT District, means of preserving significant natural features and means of addressing potential impacts on the community and on public services;
       

    5. A land use plan for the site, showing generalized land uses with schematic typical site plans, access and circulation, general location and arrangement of buildings, parking areas, driveways, pedestrian routes, natural areas to be retained, buffers and open spaces and their functions and general character;
       

    6. Statements or graphic representations showing proposed development standards including minimum lot areas and widths, minimum yards and setbacks, maximum building heights, amount of floor area for each type of land use, numbers of parking spaces and percentage of open space, road width and improvement standards;
       

    7. General plans for public services, road access and utilities sufficient to show that necessary services, access and utilities are available or will be provided to serve the development;
       

    8. Statements and graphic representations of typical general character and architectural and design guidelines to be applicable within the development, including street and parking area design standards, landscaping, lighting and signage.
       

    9. Covenants and restrictions, including architectural and building materials guidelines, arrangements for an architectural review committee or other means of implementing such guidelines and for maintenance of open spaces and common areas shall be described in general in the master plan. Detailed covenants and restrictions shall be submitted for approval as to form by the County Attorney prior to or at the time of submittal of the first subdivision or plan of development.
       

    10. Development phasing schedule, including provisions for necessary infrastructure improvements;
       

    11. Such other information deemed necessary by the Zoning Administrator, Planning Commission or Board of Supervisors to establish that the proposed development complies with the general purposes or specific requirements of this Ordinance, including such additional information or analyses as may be necessary to evaluate potential impacts of the proposed development on the surrounding area and the County as a whole.
       

  3. Review and consideration of application. Prior to submission of the PD-BT District application and master plan, the applicant shall participate in at least one pre-application conference with the Zoning Administrator and such other officials as the Zoning Administrator deems appropriate.  The purpose of such conference is to discuss the proposed development in general and the application, review and approval process. Following formal submission of the application and master plan, review, consideration and action on the application shall be conducted in accordance with the provisions of this section and Article 10 of this Ordinance.

    Planning Commission action on the application shall include recommendations to the Board of Supervisors regarding the master plan, and the Commission may recommend modifications or changes to such master plan. The Board of Supervisors may consider further modifications or changes to the master plan after the Planning Commission makes its recommendation, provided such are referred to the Commission for comment before final action by the Board.
     

  4. Approval of subdivision and plans of development. Prior to any development pursuant to an approved PD-BT District, subdivision plats as normally required by the Subdivision Ordinance and plans of development as required by this Ordinance shall be submitted and approved. Subdivision plats and plans of development shall conform to the standards and requirements of the PD-BT District and the master plan approved in conjunction with the district.
     

  5. Modifications or amendments to approved master plan. Minor modifications to an approved PD-BT District master plan may be authorized by the Zoning Administrator when such modifications do not: alter the boundaries of the property; conflict with specific requirements of this Ordinance or any specific standards or requirements set forth in the approved master plan; significantly decrease the width or depth of any yard, setback or buffer area; significantly alter points of access to the property or the internal circulation system; significantly alter the arrangement of major site plan elements; or substantially change the general character, architectural treatment or design of elements of the plan.

    Changes in an approved PD-BT District master plan other than minor modifications as described above shall require formal amendment subject to the same procedures and requirements as a new application.
     

  6. Failure to submit plats or plans of development. Failure of an applicant to submit a subdivision plat or plan of development for a first phase of development pursuant to an approved PD-BT District within twenty-four (24) months of approval of the district shall cause the Board of Supervisors to initiate an ordinance to consider amending the Official Zoning District Map to rezone the property to the classification(s) existing at the time of initial approval of the PD-BT District.

     4-11.3  Permitted Uses and Structures.  The following uses and structures shall be permitted in the PD-BT District.  A plan of development as set forth in Article 7 of this Ordinance shall be required for all uses and structures in the PD-BT District.

  1. Business, professional and trade schools, but not involving instruction in repair or operation of internal combustion engines, motor vehicles, construction equipment or heavy machinery or similar vehicles or equipment.
     

  2. Fire Stations and rescue squads;
     

  3. Manufacturing, fabrication or assembly of electronic devices or components, small appliances, items pertaining to the medical and biotechnology industries, medical, dental or optical equipment, hardware, small parts and similar products;
     

  4. Office and business support services, including office supply, office equipment rental and repair, and computer, photocopy, fax, printing, mailing and clerical services;
     

  5. Office uses, including data processing and computer centers, internet commerce centers, customer service centers, telephone calling and relay centers, and corporate, business, general administration and professional offices, architectural and engineering services and other professional offices;
     

  6. Parking areas and parking structures as principal or accessory uses of property, when serving principal uses permitted in the district;
     

  7. Parks and non-commercial recreation facilities;
     

  8. Post offices, and package mailing services;
     

  9. Printing, publishing and photographic processing;
     

  10. Radio or television broadcasting stations and studios, recording studios and motion picture studios;
     

  11. Research, development, laboratory and testing facilities, including but not limited to facilities related to the electronic, medical and biotechnology industries, and including assembly, processing and prototype production activities accessory thereto;
     

  12. Rights-of-way, easements, and appurtenances necessary for the provision and maintenance of public utilities and transportation;
     

  13. Signs as permitted by subsection 4-10.4 of this Ordinance;
     

  14. Towers and appurtenances for wireless communications systems;

  15. The following uses, provided that no individual use listed below shall occupy more than eight thousand (8,000) square feet of floor area, and the total land area devoted to sites for such uses, including off-street parking and other accessory features, shall not exceed five (5) percent of the total land area of the district, not including land area devoted to public rights-of-way:
     

    1. Auto service centers, auto service stations, self-service gasoline stations and convenience stores with or without gasoline service;
       

    2. Banks and other financial services;
       

    3. Child care centers;
       

    4. Medical and dental offices and clinics;
       

    5. Personal service businesses, including barber shops, beauty salons, health spas, fitness centers, laundry and dry cleaning pick up stations, photography studios, shoe repair shops, tailor shops, watch and jewelry repair shops, travel agencies, and similar uses;
       

    6. Restaurants, and other food and beverage service establishments and catering establishments, but not including drive-up window service;
       

    7. Retail stores and shops and video rental stores;
       

  16. Accessory uses and structures.

     4-11.4. Permitted Signs. In addition to the regulations set forth in Article 5 of this Ordinance and applicable to signs in all districts, the following signs shall be permitted and the following sign regulations shall apply in the PD-BT District:

  1. Temporary signs as permitted in the A-RR, R-1 and R-2 Districts and set forth in subsection 5-2.2 of this Ordinance;
     

  2. Signs attached flat against a vertical surface of a main building, when such signs do not extend beyond the extremities of the surface of the building to which they are attached;
     

  3. Signs suspended from a covered vehicle driveway, covered walkway or covered entranceway to a building, when such signs do not exceed eight (8) square feet in area and are provided with an underclearance of not less than ten (10) feet;
     

  4. One freestanding sign along each street frontage of one hundred (100) feet or more in length, provided that:
     

    1. No freestanding sign shall exceed seventy-five (75) square feet in area;
       

    2. Freestanding signs shall be ground-mounted monument type, and shall not exceed six (6) feet in height;
       

    3. No freestanding sign shall be located within ten (10) feet of any feet of any street line, other property line or driveway intersecting a street;
       

  5. The aggregate area of all permanent signs located on a lot shall not exceed one and one-half (1.5) square foot for each lineal foot of lot frontage on a street. In the case of lots having more than one frontage on a street, the maximum permitted sign area shall be determined by the frontage having the greatest dimension;
     

  6. In addition to signs permitted on individual lots, one ground-mounted monument type sign not exceeding seventy-five (75) square feet in area and six (6) feet in height shall be permitted at each public street entrance to the district for purposes of identifying the planned development;
     

  7. Billboard signs, roof-mounted signs, animated signs and portable signs shall not be permitted;
     

  8. An overall signage program for each PD-BT District showing the types, general sizes and general design character of signs to be installed within the district shall be submitted prior to or at the time of submittal of the first plan of development for a site in the district.

     4-11.5. District Size. Each PD-BT District shall contain not less than fifty (50) acres of contiguous land area. Existing public streets shall not be included in calculating the minimum required land area. An area of any size may be added to an existing PD-BT District, provided such area is contiguous or situated directly across a public street from the existing district and is under the same control as the existing district. The procedure for expanding a PD-BT District shall be the same as for establishing the original district.

     4-11.6. Lot Area and Width Requirements. Minimum lot areas and lot widths for all uses within each PD-BT District shall be as specified in the master plan for the district, provided all other applicable standards and requirements of this section are met.

     4-11.7. Required Yards. The following yards shall be required in the PD-BT District: (See Article 5 for supplementary yard regulations.)

  1. Front yard. A front yard of not less than fifty (50) feet shall be provided along all street frontages of a lot, except that when no parking or other area for circulation of vehicles is located between a building and the street line, a landscaped front yard of not less than thirty (30) feet may be provided.
     

  2. Side yards. Side yards of not less than thirty (30) feet shall be provided, except that side yards of not less than fifty (50) feet shall be provided abutting property in an A-RR, R-1 or R-2 District.
     

  3. Rear yard. A rear yard of not less than thirty (30) feet shall be provided, except that a rear yard of not less than fifty (50) feet shall be provided abutting property in an A-RR, R-1 or R-2 District.
     

  4. Parking in required yards. Areas devoted to parking or circulation of vehicles, other than approved driveways from the street, shall not be located in required front yards. Except within perimeter buffers described in subsection 4-10.8, areas devoted to parking or circulation of vehicles may be located within required side and rear yards, provided a landscaped strip not less than ten (10) feet wide is provided along the lot line separating such parking or circulation area from the abutting lot.

     4-11.8. Additional Development Standards. The following development standards shall be applicable in the PD-BT District in addition to the standards set forth elsewhere in this Section:

  1. Open space. Not less than twenty (20) percent of each lot shall be devoted to open space, and not less than thirty (30) percent of the total area within a PD-BT District shall be devoted to open space. Required open space may landscaped yards and setbacks, landscaped areas within parking areas and any other area not covered by buildings or structures and not devoted to parking, streets, driveways or other area for vehicle circulation, but shall not include areas devoted to public street rights-of-way.

    Open space shall be arranged to form a continuous system which, in conjunction with walkways along streets, allows for pedestrian movement among building sites and between building sites and recreation or leisure areas intended for common use by occupants of the development.
     

  2. Landscaping along street frontages. Required yards along street frontages shall be landscaped with appropriate ground cover and shrubbery, and shall be planted with deciduous or evergreen trees having a caliper of not less than two (2) inches at the time of planting and at the rate of one (1) tree per fifty (50) feet of linear street frontage. Existing healthy trees with a caliper of ten (10) inches or greater measured two (2) feet above the ground level shall be preserved within such areas. Credit shall be given on a one for one basis for all healthy trees preserved within required landscaped yard areas. Landscaped yard areas may include means of pedestrian access and other pedestrian amenities.
     

  3. Landscaping within parking areas. Every parking area containing more than ten (10) parking spaces shall be provided with internal landscaped islands or other landscaped areas comprising not less than five (5) percent of the total parking area. Landscaped setback areas and peripheral landscaping shall not be included in calculating such area. Landscaped islands shall be not less than six (6) feet in width and placed in such a manner that not more than twelve (12) parking spaces are situated in a single continuous row. Parking area landscaping shall include deciduous trees as specified below, but may also consist of evergreen trees, shrubbery, vegetative ground cover, seasonal planting or combinations thereof.

    Deciduous trees having a caliper of not less than two (2) inches at the time of planting shall be provided within and on the immediate periphery of parking areas at a rate of not less than one tree for each ten (10) parking spaces within the parking area. Existing healthy trees retained within or immediately adjacent to a parking area may be counted toward satisfying the tree requirement.
     

  4. Perimeter buffers adjacent to A-RR, R-1 and R-2 Districts. Where a lot in a PD-BT District is contiguous to property in an A-RR, R-1 or R-2 District, a continuous buffer not less than fifty (50) feet in depth shall be provided. No building, structure, parking, loading or outside storage or service area shall be located within such buffer. Buffers shall contain visually opaque screening not less than six (6) feet in height consisting of continuous structural fences or walls or evergreen vegetative material, or combinations thereof. Earth berms may be used in conjunction with fences, walls or vegetative material to provide the required screening height. Structural or planted screening may be deleted where the buffer is maintained in a natural state, or supplemented with additional planting, and provides the required visual screening.

    The Board of Supervisors may, at the time of approval of a PD-BT District and the accompanying master plan, reduce this buffer requirement in a specific case if the contiguous property zoned A-RR, R-1 or R-2 is designated in the future land use plan for commercial or industrial use.
     

  5. Landscape plan. A landscape plan shall be submitted with the plan of development for each stage of development in a PD-BT District and shall show the manner in which the landscaping, screening, tree planting and buffer requirements of this subsection will be met. Such plan shall identify specific means by which existing trees to be preserved shall be protected with barriers during construction.
     

  6. Driveways. The detailed location and design of driveways shall be approved in conjunction with plans of development and in accordance with design standards and policies of the County and the Virginia Department of Transportation. The number of driveways from public streets shall be the minimum necessary to provide safe and efficient ingress and egress, and where multiple driveways are necessary to serve a site, they shall be located as far apart as practicable. Wherever possible, internal streets or service roads providing access to individual development sites and joint driveways serving abutting properties shall be utilized.
     

  7. Loading, service and outside storage areas. Areas for loading and unloading vehicles, service areas and facilities for trash collection shall not be located in front yards, and shall be located or screened so as not to be visible from any street. No outside storage of equipment, materials, supplies or products shall be permitted in any front or side yard. Outside storage areas may be provided to the rear of buildings when located or screened so as not to be visible from any street or adjacent property.
     

  8. Fencing. No chain link, wire mesh, barbed wire or similar fence material shall be utilized at any location visible from any street.
     

  9. Outdoor lighting. Parking areas intended for use during non-daylight hours shall be lighted. Outdoor lighting for parking areas and other purposes shall be located, directed or shielded so as not to shine directly or create glare on adjacent properties or streets. Outdoor lighting fixtures shall not exceed twenty (20) feet in height.

     4-11.9. Height Limit. No building or structure in a PD-BT District shall exceed a height of thirty-five (35) feet, provided that communications towers may be permitted to a greater height when the location and maximum height are specifically shown and approved as an element of a district master plan. In no case shall a communications tower be located less than one hundred fifty (150) feet from property in an A-RR, R-1 or R-2 District. (See Article 5 for supplementary height regulations.)  

(Section 4-11 Added May 11, 2000)

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