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:
-
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.
-
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.
-
Single-family
dwellings.
-
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.
-
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.
-
Churches,
provided that a plan of development approved by the
planning commission shall be required as set forth in
Article 7 of this Ordinance.
-
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.
-
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)
-
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.
-
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.
-
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.
-
Fire
stations and rescue squad facilities, provided that
a special use permit shall be required as set forth
in Article 8 of this Ordinance.
-
Cemeteries,
provided that a special use permit shall be required
as set forth in Article 8 of this Ordinance.
-
Fairgrounds,
provided that a special use permit shall be required
as set forth in Article 8 of this Ordinance.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
Home
occupations as defined in Article 11 of this Ordinance.
-
Home
businesses as defined in Article 11 of this Ordinance.
-
Lodging
units within single-family dwellings when such lodging
units are occupied by a total of not more than two (2)
persons.
-
Signs
as permitted by the provisions of Article 5 of this
Ordinance.
-
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):
-
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.
-
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):
-
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.
-
Side
yards. Side yards of not less than twenty (20) feet
shall be provided.
-
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:
-
Single-family
dwellings.
-
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.
-
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.
-
Churches,
provided that a plan of development approved by the
planning commission shall be required as set forth in
Article 7 of this Ordinance.
-
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.
-
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.
-
Propagation
and cultivation of crops, flowers, trees, and shrubs
which are not offered for sale on the premises.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
Home
occupations as defined in Article 11 of this Ordinance.
-
Lodging
units within single-family dwellings when such lodging
units are occupied by a total of not more than two (2)
persons.
-
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.
-
Signs
as permitted by the provisions of Article 5 of this
Ordinance.
-
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):
-
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.
-
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.
-
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.
-
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):
-
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.
-
Side
yards. Side yards of not less than fifteen (15)
feet shall be provided.
-
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:
-
Single-family
dwellings.
-
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.
-
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.
-
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.
-
Two-family
dwellings.
-
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.
-
Lodginghouses,
provided that a plan of development shall be required
as set forth in Article 7 of this Ordinance.
-
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.
-
Churches,
provided that a plan of development approved by the
planning commission shall be required as set forth in
Article 7 of this Ordinance.
-
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.
-
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.
-
Propagation
and cultivation of crops, flowers, trees, and shrubs
which are not offered for sale on the premises.
-
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.
-
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.
-
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.
-
Home
occupations as defined in Article 11 of this Ordinance.
-
Lodging
units within single-family dwellings when such lodging
units are occupied by a total of not more than two (2)
persons.
-
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.
-
Signs
as permitted by the provisions of Article 5 of this
Ordinance.
-
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):
-
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.
-
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.
-
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.
-
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.
-
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.
-
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):
-
Permitted
uses other than single-family attached dwellings shall
be located on lots of not less than fifty (50) feet
in width.
-
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):
-
Front
yard. There shall be a front yard of not less than
twenty-five (25) feet.
-
Side
yard. The following side yards shall be required:
-
Side
yards of not less than five (5) feet shall be provided
on lots devoted to single-family dwelling uses.
-
A
side yard of not less than ten (10) feet shall be
provided at each end of a row of single-family attached
dwellings.
-
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.
-
Rear
yard. There shall be a rear yard of not less than
twenty-five (25) feet.
-
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.
-
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.
-
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:
-
Automobile
service stations, auto service centers and self-service
gasoline stations.
-
Bakeries
where products are sold principally at retail on the
premises.
-
Banks,
savings and loan offices and similar financial service
offices.
-
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.
-
Churches
and other places of worship.
-
Dry
cleaning and laundering establishments.
-
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.
-
Fire
stations and rescue squad facilities.
-
Funeral
homes.
-
Garden
centers, plant nurseries and greenhouses.
-
Grocery
stores and specialty food and beverage stores.
-
Laundromats.
-
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.
-
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.
-
Office
supply, custom printing and photocopy establishments.
-
Offices,
including medical and dental offices and clinics.
-
Parking
areas serving uses permitted in this district.
-
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.
-
Post
offices and pickup stations for package mailing services.
-
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.
-
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.
-
Retail
stores and shops as defined in Article 11 of this Ordinance.
-
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.
-
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.
-
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.
-
Signs
as permitted by the provisions of Article 5 of this
Ordinance.
-
Tourist
homes.
-
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.
-
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.
-
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):
-
Front
yard. There shall be a front yard of not less than
thirty (30) feet.
-
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.
-
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:
-
Automobile
service stations, auto service centers, self-service
gasoline stations and self-service or automatic auto
wash facilities.
-
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.
-
Bakeries
where products are sold principally at retail on the
premises.
-
Banks,
savings and loan offices and similar financial service
offices.
-
Building
materials and supplies sales.
-
Churches
and other places of worship.
-
Contractors'
offices, shops and display rooms.
-
Dry
cleaning and laundering establishments.
-
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.
-
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.
-
Fire
stations and rescue squad facilities.
-
Funeral
homes.
-
Garden
centers, plant nurseries and greenhouses.
-
Grocery
stores and specialty food and beverage stores.
-
Hospitals.
-
Hotels
and motels.
-
Laundromats.
-
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.
-
Mechanical,
electrical, plumbing and heating supplies sales.
-
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.
-
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.
-
Office
supply, custom printing and photocopy establishments.
-
Offices,
including medical and dental offices and clinics.
-
Parking
areas.
-
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.
-
Post
offices and pickup stations for package mailing services.
-
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.
-
Restaurants
and other food service and catering establishments.
-
Retail
stores and shops as defined in Article 11 of this Ordinance.
-
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.
-
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.
-
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.
-
Signs
as permitted by the provisions of Article 5 of this
Ordinance.
-
Tourist
homes.
-
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.
-
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.
-
Veterinary
clinics and animal hospitals.
-
Vocational,
business and professional schools.
-
Wholesale
and distribution businesses, including warehouse and
storage facilities accessory thereto.
-
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):
-
Front
yard. There shall be a front yard of not less than
twenty (20) feet.
-
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.
-
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:
-
Outdoor
storage of building materials, supplies, equipment,
machinery, or wrecked or partially dismantled vehicles.
-
Outdoor
display or sales areas for vehicles or other products.
-
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:
-
Any
use or structure permitted in the B-2 General Business
District as set forth in section 4-5 of this Ordinance.
-
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.
-
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.
-
Blacksmith
shops.
-
Boat
building.
-
Cabinet,
upholstery, furniture and woodworking shops.
-
Cemeteries,
provided that a special use permit shall be required
as set forth in Article 8 of this Ordinance.
-
Circus,
carnival and fairgrounds, provided that a special use
permit shall be required as set forth in Article 8 of
this Ordinance.
-
Contractors'
equipment storage yards and rental of contractors' equipment.
-
Ice
manufacturing.
-
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.
-
Laboratories
and research facilities.
-
Machine
shops which do not utilize drop hammers or punch presses
exceeding forty-ton capacity.|
-
Manufacturing
and assembling of electronic equipment and parts, electrical
appliances, musical instruments, toys, novelties, medical
equipment and similar products.
-
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.
-
Manufacturing,
compounding, processing, packaging or treatment of bakery
goods, candy, cosmetics, dairy products, drugs, food
products, perfumes, pharmaceuticals, soaps, toiletries
and similar products.
-
Manufacturing
of pottery and ceramic products utilizing only clay
which has been pulverized elsewhere.
-
Monument
works and stone cutting.
-
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.
-
Propagation,
cultivation and sales of crops, flowers, trees and shrubs.
-
Refuse
collection and recycling collection centers for use
by the general public, when such centers are owned,
operated or leased by Wise County.
-
Sheet
metal fabrication.
-
Tire
recapping and retreading shops.
-
Truck
terminals.
-
Warehouse
and storage facilities.
-
Welding
shops.
-
Accessory
uses and structures.
-
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.
-
Underground
mining, provided that all mining activities are conducted
in accordance with applicable regulations of the state
department of mines, minerals and energy and pursuant
to permits or licenses issued by said department, where
applicable; and provided further that a plan of development
approved by the zoning administrator shall be required
as set forth in Article 7 of this Ordinance. No surface
structures accessory to such underground mining activities
shall be permitted.
4-6.3. Lot area and width requirements. There shall
be no minimum lot area or lot width requirements, except
that uses which are not served by public sewer and public
water systems shall be provided with such minimum lot area
as deemed necessary by the health official.
4-6.4.
Required yards. The following yards shall be required
in the M-1 Light Industrial Dist |