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Home My WebLink About1963-08-22AUGUST 22, 1963 A MEETING OF THE BOARD OF COUNTY SUPERVISORS, ADdOURNED FROM AUGUST 15, 1963, WAS HELD AT 10:00 A.M. ON THIS DATE IN THE COUNTy OFFICE BUILDING. PRESENT= MESSRS. JOHN ~. WILLIAMS, EDGAR N. GARNETT, H. ASHBY HARRIS, GEORGE C. PALMER, II, M. Y. SUTBERLAND, JR. AND ROBERT THRAVES. ABSENT: NONE. OFFICERS PRESENT: COUNTY EXECUTIVE~ ASST. COUNTY EXECUTIVE AND COMMONWEALTH/S ATTORNEY. THE CHAIRMANfCALLED FOR PUBLIC HEARING IN ACCORDANCE WITH THE FOLLOWING NOTICE WHICH WAS~PUB- LISHED IN THE DAILY PROGRESS ON AUGUST 6 AND AUGUST 13, 1963: "PURSUANT TO SECTIONS 15-961.4 AN~ 15-968.7, CODE OF VIRGINIA., AS AMENDED, NOTICE IS HEREBY GIVEN THAT THE BOARD OF COUNTY SUPERVISORS OF ALSEMARLE COUNTY, VIRGINIA, PROPOSES FOR ADOPTION AN ORDINANCE DIVIDING THE UNINCORPORATED PORTIONS OF THE COUNTY INTO ZONING DISTRICTS REGULATING: (A) THE USE OF LAND, STRUCTURE$~ BUILDINGS, AND OTHER PREMISES IN CERTAIN PORTIONS OF THE COUNTY. (B) THE SIZE, HEIGHT, AREA, ERECTION, LOCATION AND ALTERATIONS OF STRUCTURES. (C) THE SIZE OF LOTS IN CERTAIN PORTIONS OF THE COUNTY. A MEETING SHALL BE HELD ON THURSDAY, AUGUST 22, 1963, AT 10:00 AiM. FOR THE PURPOSE OF HEARING THE VIEWS OF THE PUBLIC. ANY PERSON DESIRING TO MAKE HIS VIEWS KNOWN SHOULD COME F~RTH'AT THE APPOINTED TIME AND BE HEARD. COPIES OF THE PROPOSED ORDINANCE MAY BE OBTAINED AND THE ZONING MAP MAY BE VIEWE~ IN THE OFFICE OF THE COUNTY EXECUTIVE, ROOM 109, COUNTY OFFICE BUILDING, CHARLOTTESVILLE. BY ORDER OF THE BOARD OF COUNTY SUPERVISORS.n THE PROPOSED ORDINANCE WAS READ BEFORE THE MEETING IN ITS ENTIRETY AFTER WHICH THE CHAIRMAN CALLED FOR DISCUSSION. COMMUNICATIONS WERE RECEIVED FROM MR. ROBERT D. BRUGH AND MRS. KATHARINE R. YORK WITH REGARD TO CERTAIN SECTIONS OF THE COUNTY AND AFTER CONSIDERATION WERE MADE A PART OF THE PERMANENT FILE WITH REGARD TO THIS ORDINANCE. PETITION WAS' ALSO PRESENTED BY MISS ELLEN HASH, SlBNED BY SEVERAL LAND OWNERS ON MONTICELLO MOUNTAIN, SAID PETITION ALSO BEING FILED AFTER DUE CONSIDERATION. PERSONS FROM THE PUBLIC PRESENTING QUESTIONS WITH REGARD TO CERTAIN SECTIONS OF THE PROPOSED ORDINANCE INCLUDED MR. ROBERT MUSSELMAN~ MR. W. e. CHRISTIAN, MR. FARLEY Cox AND OTHERS WHO DID NOT GIVE THEIR NAMES. ALL POINTS BROUGHT OUT BY THOSE PRESENT WERE DISCUSSED AND CERTAIN AMENDMENTS WERE MADE BY THE BOARD TO THE ORDINANCE AS PRESENTED BY THE COUNTY PLANNING COMMISSION. ON MOTION OF MR. HARRIS, SECONDED BY MR. GARNETT, THE ORDINANCE, AS AMENDE~ AT THIS MEETING, WAS ADOPTED AND THE CLERK WAS DIRECTED TO rO~WABD CERTIFIED COPY OF SAME TO THE JUDGE OF THE CIRCUIT COURT WITH THE REQUEST THAT THE SAME BE PLACED ON THE NOVEMBER BALLOT AND W~S ALSO DIRECTED TO PUBLISH SAME IN ACCORDANCE WITH LAW. THE MOTION CARRIED THE FOLLOWING VOTE:- AYES - MESSRS. ~ILL!AMS, GARNETT, HARRIS, PALMER, SUTHERLAND AND THRAVES. NAYS - NONE. ALBEMARLE COUNTY ZONI~ ORDINANCE: AUTHORITY ~HEREAS, BYrACT OF THE GENERAL ASSEMBLY OF VIRGINIA AS ~ OVIDED IN CHAPTER 28, ARTICLE 8, SECTIONS 15- 968.12, CODE OF.VIRGINIA 1950 AND AMENDMENTS THERETO, THE GOVERNING BODY OF ANY COUNTY OR MUNICIPALITY MAY, BY ORDINANCE, DIVIDE THE TERRt~O~Y ~UN~[~ ~IT$~.~J~RLS~i~TION INTO DISTRICTS OF SUCH NUMBER~ SHAPE AND AREA AS IT MAY DEEM BEST SUITED TO CARRY O~T THE PURPOSES OF THIS ARTICLE, AND iN EACH DISTRICT IT MAY REGULATE~ RESTRICT, PERMIT, PROHIBIT, AND DETERMINE THE FOLLOWING: (A) THE USE OF LAND, BUILDINGS, STRUCTURES, AND OTHER EREMiSES FOR AGRtOULTUREAL, COMMERCIAL, INDUS; TRIAL, RESiDENTiAL, AND OTHER SPECIFIC USES; (B) THE SIZE, HEIGHT, AREA, BULK, LOCATION~ ERECTION, CONSTRUCTION, RECONSTRUOTION~ ALTERATION, REPAIR, MAINTENANCE, RAXlNG, OR REMOVAL OF STRUCTURES; (C) THE AREAS AND DIMENSIONS OF LAND~ WATER, AND AIR SPACE TO BE OCCUPIED BY BUILDINGS, STRUCTURES AND USES~ AND OF COURTS~ YARDS~ AND OTHER OPEN SPACES TO BE LEFT UNOCCUPIED BY USES AND STRUCTURES, iNCLUD- ING VARIATIONS iN THE SIZE~ OF LOTS BASED ON WHETHER A PUBLIC OR COMMUNITY WATER SUPPLY OR SEWER SYSTEM IS AVAILABLE AND USED; (D) THE EXCAVATION OR MINING O~ SOIL OR OTHER NATURAL RESOURCES,~ THEREFORE, BE IT ORDAINDED, BY THE GOVERNING BODY OF ALBEMARLE COUNTY, VIRGINIA, FOR THE PURPOSE OF PROMOTING THE HEALTH, SAFETY, OR GENERAL WEL~FARE OF THE PUBLIC AND OF FURTHER AccOMPLISHING THE OBdECT- IVES OF SECTION 15-961, THAT THE FOLLOWING BE ADOPTED AS THE ZONING ORDINANCE OF ALBEMARLE COUNTY, VIRGINIA, TOGETHER WITH THE ACCOMPANYING MAP. THIS ORDINANCE HAS BEEN DESIGNED (1:) TO PROVIDE FOR ADeqUATE LIGHT, AIR, CONVENIENCE OF ACCESS, AND SAFETY FROM FIRE~ FLOOD~ AND OTHER DANGERS; (2) TO ~. ~u¢ o~.~l~ ~v~rrT~? (~ TG FACILITATE THE CREATION OF A CONVENIENT. DISASTER EVACUATION, CIVIL DEFENSE, TRANSPORTATION, WATER, SEWERAGE, SCHOOLS, PARKS, FORESTS, PEAYGROUND~ RECREATIONAL FACILITIES, AIRPORTS, AND OTHER PUBLIC REQUIREMENTS; (5) TO PROTECT AGAINST DESTRUCTION OF OR ENCROACHMENT UPON HISTORIC AREAS, AND (6) TO PROTECT ONE OR MORE OF THE FOLLOWING: OVERCROWDING OF LAND, UNDUE DENSITY OF POPULATION IN RELATION TO THE COMMUNITY FACILITIES EXISTING OR AVAILABLE, OB- STRUCTION OF LIGHT AND AIR, DANGER AND CONGESTION IN TRAVEL AND TRABSPORTATION OR LOSS OF LIFE, HEALTH, OR PROPERTY FROM FLEE, FLOOD, PANIC, OR OTHER DANGERS. ARTICLE I - DISTRICTS FOR THE PURPOSE OF THIS ORDINANCE, THE UNINCORPORATED AREAS OF ALBEMARLE COUNTY, VIRGINIA, ARE HEREBY DIVIDED INTO THE FOLLOWING DISTRICTS= AGRICULTURAL, LIMITED, A-1 AGRICULTURAL, RESTRICTED, A-lA AGRICULTURAL, GENERAL, RESIDENTIAL, RESTRICTED~ RESIDENTIAL, LIMITED, R-2 RESIDENTIAL, GENERAL, BUSINESS, LIMITED, B,1 BUSINESS, GENERAL, B-2 ~)NDUSTRIAL, ~M[~ED~ INDUSTRIAL, GENERAL, ~.-2 ARTICLE 2 - AGRICULTURAL, LIMITED, DISTRICT, A-t STATEMENT OF INTENT THIS DISTRICT IS DESIGNED PRIMARILY TO ACCOMODATE FARMING AND KINDRED RURAL OCCUPATIONS. ~HILE THE BASIC AIM IS TO PRESERVE AND PROMOTE THIS.UTILIZATION OF THE LAND, THE USES PERMITTED ARE BROAD ENOUGH TO ALLOW DEVELOPMENT OF RESIDENTIAL AREAS AS IT IS RECOGNIZED THAT CERTAIN DESIRABLE RURAL AREAS MAY LOGICALLY BE EXPECTED TO DEVELOP IN THIS MANNER. IT IS THE INTENT, HOWEVER, TO DISCOURAGE THE RANDOM SCATTERING OF RESIDENTIAL, COMMERCIAL, OR INDUSTRIAL USES IN THIS TYPE OF DISTRICT. 2-1. USES PER, IT[ED IN AGRICULTURAL DISTRICT A-l, STRUCTURES TO BE ERECTED AND LAND TO BE USED ~ALL BE FOR ONE OR MORE OF THE FOLLOWING: 2-1-1. AGRICULTURE ~-!-~o GENERAL FARMING 2-1-3. DA~YtNG 2-1-A. FORESTRY 2-1-5. CONSERVATION AND PRESERVATION AREAS ~--1--~. PARKS AND PLAYGROUNDS 2-1-?. SINGLE FAMILY DWELLINGS 2-1-8. MULTIFAMILY DWELLINGS (NO MORE THAN FOUR (~) DWELLING UNITS) 2-1-9. CHURCHES AND ADdUNCT CEMETERIES 2-1-10. LODGES, COUNTRY CLUBS AND COMMUNITY CENTERS 2-1-11. EDUCATION INSTITUTIONS 2-1-12. GOLF COURSES, (UNLIGHTED) 2--1-1~. PUBLIC UTILITIES: POLES, LINES, TRANSFORMERS, DISTRIBUTION SUBSTATIONS, PIPES, METERS, AND OTHEI FACILITIES NECESSARY FOR THE PROVISION AND MAINTENANCE OF PUBLIC UTILITIES, INCLUDING WATER AN~ SEWAGE FACILITIES. BOOSTER AND RELAY STATIONS, TRANSMISSION LINES AND TOWERS REQUIRE A CON- DITIONAL USE PERMIT. 2-1-1A. HOME OCCUPATIONS. 2-1-15. BUSINESS SIGNS: NOT MORE THAN TWENTY (20) sqUARE FEET IN AREA; TOP OF SIGN NOT MORE THAN FIF- TEEN (15) FEET ABOVE GROUND; (NO BLINKING, FLASHING, COLOR CHANGING, OR NEON LIGHTING) 2-1-16. CHURCH SIGNS, HOME OCCUPATION SIGNS, AND IDENTIFICATION SIGNS. 2-1-17. SAWMILLS~ TEMPORARY 2-1-18. GRAVEYARDS, FAMILY 2-1-19. HORSE SHOW GROUNDS, TEMPORARY 2-1-20. THE FOLLOWING USES ALLOWED WITH A CONDITIONAL USE PERMIT ONLY: 2-1-20 (1) AIRPORTS 2-1-20 (2) AUTOMOBILE GARAGE 2-1-20-(3) BEAUTY AND BARBER SHOPS 2-1-20 (A) CEMETERIES 2-1-20 (5) FRUIT PACKING PLANTS, COMMERCIAL 2-1-20 (6) GENERAL ADVERTISING: SIGNS NOT MORE THAN TWENTY (~0) SQUARE FEET IN AREA; TOP OF SIGN NOT MORE THAN FIFTEEN (1~) FEET ABOVE GROUND; (NO BLINKING, FLASHING, COLOR CHANGING, OR NEON LIGHTING). 2-1-20 (9) HoG FARMS 2-1-20 (10) PLANING MILLS 2-1-20 (1t) PROFESSIONAL SHOPS 2-1-20 (12) RESTAURANTS 2-1-20 (13) SAWMILLS, PERMANENT 2-1-20 (lA) TRAILER HOME PARKS OR-CAMP 2-1-20 (15) ATHLETIC FIELDS 2-1-20 (16) HORSE SHOW GROUNDS 2-1-20 (17) BOAT MARINAS 2-1 AREA REGULATIONS LOT AREA~ FRONTAGE~ AND SETBACK REQUIREMENTS FOR THIS DISTRICT SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF THE COUNTY SUBDIVISION ORDINANCE° PERMITS AND CERTIFICATE OF OCCUPANCY 2~3r,1. BUILDINGS OR STRUCTURES SHALL BE STARTED, RECONSTRUCTED, ENLARGED OR ALTERED ONLY AFTER A BUILDING PERMIT HAS BEEN OBTAINED FROM THE ADMINISTRATOR; PROVIDED, HOWEVER, ANY BUILDING~ STRUCTURE) OR ALTERATION COSTING LESS THAN $500°00 IN MATERIALS AND LABOR, WHETHER SAME ARE GIVEN OR PURCHASED, SHALL NOT REQUIRE A PERMIT. 2-3-2. A CERTIFICATE OF OCCUPANCY SHALL BE OBTAINED BEFORE THE USE OF LAND OR BUILDING MAY BE ESTABLISHED OR CHANGED. WHEN SUCH CERTIFICATE IS GRANTED BY THE ADMINISTRATOR~ IT SHALL STATE THAT THE BUILDING OR USE COMPLIES WITH THE PROVISIONS OF THE ORDINANCE. A SIMILAR CERTIFICATE SHALL BE ISSUED FOR THE PURPOSE OF RENEWING~ CHANGING~ OR ALTERING A NONCONFORM- ING USE. WHEN AN APPLICATION FOR A BUILDING PERMIT IS MADE~ A CERTIFICATE OF OCCUPANCY SHAL BE APPLIED FOR CONCURRENTLY. 2-4. CONDITIONAL USE PERMIT THE LOCATION OF USES ALLOWED IN THIS DISTRICT WHICH REQUIRES A'CONDITIONAL USE PERMIT SHALL BE SUBJECT TO SUCH CONDITIONS AS THE GOVERNING BODY DEEMS NECESSARY TO CARRY OUT THE INTENT OF THIS ORDINANCE~ SUCH CONDITIONS SHALL CONFORM WITH PROVISIONS SET FORTH tN SECTION 12-7 OF THIS ORDINANCE. ARTICLE 2A - AGRICULTURAL, RESTRICTED~ DISTRICT~ A_IA STATEMENT OF INTENT THE PRIMARY PURPOSE OF THIS DISTRICT IS TO ENCOURAGE AND FACILITATE EXISTING AND FUTURE FARMING OPERA- TIONS AND RELATED ACTIVITIES. 1N ORDER TO DISCOURAGE THE RANDOM SCATTERING OF RESIDENTIAL DEVELOPMENT~ THE MINIMUM LOT SIZE SHALL BE THREE (3) ACRES. 2A-1 . USES PREMI TTED ~N AGRICULTURAL DISTRICT A-lA, STRUCTURES TO BE ERECTED AN9 LAND TO BE USED SHALL BE FOR ONE OR MORE OF THE FOLLOWING: 2A-1-1. 2A-1-2. 2A-1-3. 2A-1-4. 2A-1-5. 2A-1-6. 2A-1-7 o 2A-1-8. 2A-1-9. 2A-1-10. 2A-1-11. 2A-1-12. 2A-1-13. 2A-1-14. 2A-1-15. 2A-1-16. 2A-1-1'7. 2A-1-18. 2A-1-19. 2A-1-20. 2A-1-20 (1) 2A-1-20. (2). 2A-1-20 (3) 2A-1-20 (4.) 2A-1-20 (5) 2A-1-20 (6) 2A-1-20 (?) 2A-1-20 (8) 2A-1-20 (9) 2A-1-20 (10) AGRICULTURE GENERAL FARMING DAIRYING FORESTRY CONSERVATION AND PRESERVATION AREAS PARKS AN9 PbAYGROUNDS SINGLE FAMILY DWELLINGS MULTIFAM!LY DWELLINGS~ (NOT MORE THAN 4 DWELLING UNITS) 0HURCHES AND ADJUNCT CEMETERIES LODGES, COUNTRY CLUBS AND COMMUNITY CENTERS EDUCATION INSTITUTIONS GOLF COURSES (UNLIGHTED)' PUBLIC UTILITIES: POEES~ LINES~ TRANSFORMERS~ DISTRIBUTION SUBSTATIONS~ PIPES~ METERS, AND OTHER FACILITIES NECESSARY FOR THE PROVISION AND MAINTENANCE OF PUBLIC UTILITIES~ INCLUDING WATER AND SEWAGE FACILITIES. BOOSTER AND RELAY STATIONS~ TRANSMISSION LINES AND TOWERS RE-- QUIRE A CONDITIONAL USE PERMIT. BUSINESS, HOME OCCUPATION~ AND DIRECTIONAL SIGNS,: NOT MORE THAN TWENTY (20) S~UARE FEET IN AREA; TOP OF SIGN NOT MORE THAN FIFTEEN (15) FEET ABOVE GROUND; (NO BLINKING~ FLASHING~ COLOt CHANGING, OR NEON LIGHTING.) CHURCH SIGNS AND IDENTIFICATION SIGNS HOME OCCUPATIONS SAWMILLS, TEMPORARY GRAVEYARDS~ FAMILY HORSE SHOW GROUNDS~ TEMPORARY THE FOLLOWING USES ALLOWED WITH A CONDITIONAL USE PERMIT ONLY: AIRPORTS AUTOMOBILE GARAGES CEMETERIES FRUIT PACKING PLANTS GENERAL STORES GIFT~ CRAFT) AND ANTIQUE SHOPS PLANING MILLS PROFESSIONAL SHOPS RESTAURANTS SAWMILLS~ PERMANENT 2A-1-20 (11~ ATHLETIC FIELDS 2A-1-20 (12) HORSE SHOW GROUNDS, PERMANENT 2A-2 AREA REGULATIONS 2A-3. SETBACK REGULAT I ONS STRUCTURES SHALL BE LOCATED AT LEAST FIFTY (50) FEET FROM ANY STREET OR ROAD RIGHT OF WAY, THIS SHALL BE KNOWN AS THE "SETBACK LINE". 2A-4. 3A-4-1. 2A-4-2. 2A-5. PERMITS AND CERTIFICATE OF OCCUPANCY BUILDINGS OR STRUCTURES SHALL BE STARTED, RECONSTRUCTED,.ENLARGED, OR'ALTERED ONLY AFTER A BUILDING PERMIT HAS BEEN OBTAINED FROM THE ADMINISTRATOR, PROVIDED, HOWEVER~ ANY BUILDING, STRUCTURE, OR ALTERATION COSTING LESS THAN $500.00 IN MATERIALS AND LABOR~ WHETHER SAME ARE GIVEN OR PURCHASED, SHALL NOT REQUIRE A PERMIT. A CERTIFICATE OF OCCUPANCY SHALL BE OBTAINED BEFORE THE USE OF LAND OR BUILDING MAV BE ES- TABLISHED OR CHANGED. WHEN SUCH CERTIFICATE IS GRANTED BY THE ADMINISTRATOR, IT SHALL STATE THAT THE BUILDING OR USE COMPLIES WITH THE PROVISIONS OF THE ORDINANCE. A SIMILAR CERTIFICATE SHALL BE ISSUED FOR THE PURPOSE OF RENEWING~ CHANGING, OR ALTERING A NONCON- FORMING USE. WHEN AN APPLICATION FOR A BUILDING PERMIT IS MADE, A CERTIFICATE OF OCCUPANCY SHALL BE APPLIED FOR CONCURRENTLY. CONDITIONAL USE PERMIT THE LOCATION OF USES ALLOWED IN THIS DISTRICT WHICH REQUIRES A CONDITIONAL USE PERMIT SHALL BE SUBdECT TO SUCH CONDITIONS AS THE GOVERNING BODY DEEMS NECESSARY TO CARRY OUT THE INTEN3 OF THIS ORDINANCE~ SUCH CONDITIONS SHALL CONFORM WITH PROVISIONS SET FORTH IN SECTION 12-? OF THIS ORDINANCE. ARTICLE 3- AGRICULTURAL, GENERAL, DISTRICT, A-2. STATEMENT OF iNTENT THIS DISTRICT INCLUDES THE MAdOR PORTIONS OF THE COUNTY WHICH ARE OCCUPIED BY OPEN SPACES~ SUCH AS FORESTS~ PARKS, FARMS, LAKES, AND MOUNTAINS. THIS DISTRICT IS ESTABLISHED FOR THE PURPOSE OF FACILITAT- ING EXISTING AND FUTURE FARMING OPERATIONS, CONSERVATION AREAS~ BUSINESS, AND RESIDENCES. 'THIS DISTRI~3 IS INTENDED TO ALLOW THE UNRESTRICTED USE OF THE LAND. 3-1 o USES PERMITTED IN THIS DISTRICT ALL USES AND STRUCTURES ARE PERMITTED INSOFAR AS THEY DO NOT CONFLICT WITF OTHER COUNTY AND STATE REGULATIONS. 312. AREA REGULATIONS LOT SIZE, FRONTAGE, AND SETBACK REQUIREMENTS SHALL GONFORM TO THE PROVISIONS SET FORTH IN THE COUNTY SUBDIVISION ORDINANCE. 3-3 · PERMITS AND CERTIFICATE OF OCCUPANCY 3-3-1. BUILDINGS OR STRUCTURES SHALL BE STARTED, RECONSTRUCTED~ ENLARGED, OR ALTERED ONLY AFTER A PERMIT HAS BEEN OBTAINED FROM THE ADMINISTRATOR; PROVIDED, HOWEVER~ ANY BUILDING, STRUCTURE OR ALTERATION COSTING LESS THAN $500.00 IN MATERIALS AND LABOR~ WHETHER PURCHASED OR NOT, -SMALL NOT REQUIRE A PERMIT. ART I CL.E THE REGULATIONS FOR T qUIET, LOW-DENSITY~ Rt THE INTENTION TO ENCOI ACTIVITIES OF A COMMEt 4-1. USE REGUI IN RESIDi OR MORE 4-~-1. SINGLE F 4-1-2. Two FAMII 4-1-3. SCHOOLS 4-1-4. CHURCHES 4-1-5. PARKS AN: 4-1-6. OFF-STEEl 4-1-7. ACCESSOR' CARPORTS MAIN BUll 4-1-8, PUBLIC U' OTHER FA{ WATER AN~ WITH A C{ 4-1~9. BUSINESS 4-1-10. DIRECT~OI 4-1'-11. CHURCH al 4-1-12. ~OLF COUI 4-2. AREA REGi THE LOT' Al 4-3. SETBACK STRUCTUR SHALL BE 4-4. FRONTAGE THE MINI~ - RESIDENTIAL, RESTRICTED, DISTRICT, R-1 STATEMENT OF INTENT S DISTRICT ARE DESIGNED TO STABILIZE AND PROTECT THE CHARACTERISTICS OF CERTAIN ~SIDENTIAL AREAS AND OTHER AREAS LIKELY TO BE DEVELOPED IN A SIMILAR MANNER. IT I ~RACE AND PROMOTE A SUITABLE ENVIRONMENT FOR FAMILY LIVING AND TO PROHIBIT ALL tCIAL NATURE. NO HOME OCCUPATIONS ARE PERMITTED. _ATIONS ~NTIAL DISTRICT R-l, STRUCTURE8 TO BE ERECTED OR LAND TO BE USED, SHALL BE FOR ONE )F THE FOLLOWING USES= ~MILY DWELLINGS .Y DWELLINGS ) PLAYGROUNDS ~T PARKING AS REQUIRED BY THIS ORDINANCE BUILDINGS AS DEFINED~ PROVlDED~ GARAGES OR OTHER ACCESSORY BUILDINGS~ SUCH AS PORCHES, AND STOOPS ATTACHED TO THE MAIN BUILDING SHALL BE CONSIDERED PART OF THE DING. NO ACCESSORY BUILDING MAY BE CLOSER THAN ONE (1) FOOT TO ANY PROPERTY LINE. ILITIES= POLES, LINES, TRANSFORMERS, DISTRIBUTION SUBSTATIONS, PIPES, METERS, AN~ ILITIES NECESSARY FOR THE PROVISION AND MAINTENANCE OF PUBLIC UTILITIES, INCLUDING , SEWAGE FACILITIES. TRANSMISSION SUBSTATIONS AND TRANSMISSION LINES ARE PERMITTE~ NDITIONAL USE PERMIT. SIGNS: ONLY TO ADVERTISE SALE OR RENT OF THE PREMISES UPON WHICH ERECTED. IAL SIGNS= NOT MORE THAN SIX (6) SQUARE FEET IN AREA )LLETIN BOARDS AND IDENTIFICATION SIGNS ISES (UNLIGHTED) )LATIONS lEA FOR PERMITTED USES SHALL SE AT LEAST 40,000 SQUARE FEET. I'EGULATIONS :S SHALL BE LOCATED AT LEAST FIFTY (50) FEET FROM ANY STREET. RIGHT OF WAY. THIS KNOWN AS THE "SETBACK LINE". REGULATIONS lMM LOT WIDTH AT THE SETBACK LINE SHALL BE ONE HUNDRED AND FIFTY (150) FEET OR M5-1. 4-5-2. 4-6. 4-6-1. 4-6-2. 4-8. 4-8-1. 4-8-2. 4-8-3. 4-9. 4-10. YARD REGULATIONS SIDE - THE MINIMUM SIDE YARD OF EACH MAIN STRUCTURE SHALL BE FIFTEEN (15) FEET OR MORE. ~EAB - EACH MAIN STRUCTURE SHALL HAVE A REAR YARD OF THIRTY-FIVE (35) FEET OR MORE. HEIGHT REGULATIONS BUILDINGS OR STRUCTURES MAY BE ERECTED UP TO THIRTY-FIVE (35) FEET IN HEIGHT EXCEPT THAT: BUILDINGS AND STRUCTURE8 MAY BE CONSTRUCTED TO A GREATER HEIGHT PROVIDED THAT ALL REQUIRE[ FRONT~ SIDE~ AND REAR YARDS SHALL BE INCREASED ONE (1) FOOT FOR EACH FOOT IN HEIGHT OVER THIRTY-FIVE (35) FEET. CHURCH SPIRES, BELFRIES, CUPOLAS, MONUMENTS, WATER TOWERS, UTILITY LINES~ CHI'MEEYS~ FLUES FLAGPOLES, TELEVISION ANTENNA AND RADIO AERIALS ARE EXEMETo SPECIAL PROVISIONS FOR CORNER LOTS OF THE TWO SIDES OF A CORNER LOT, THE FRONT SHALL BE DEEMED TO BE THE SHORTER OF THE TWo SIDES FRONTING ON STREETS. FOR SUBDIVISIONS PLATTED AFTER THE ENACTMENT OF THIS ORDINANCE, EACH CORNER LOT SHALL HAV A MINIMUM WIDT~ AT THE SETBACK LINE OF ONE HUNDRED TWENTY-FIVE (125) FEET OR MORE. PERMITS BUILDINGS OR STRUCTURES SHALL BE STARTED~ RECONSTRUCTED, ENLARGED, OR ALTERED ONLY AFTER A BUILDING PERMIT HAS BEEN OBTAINED FROM THE ADMINISTRATOR. THE COMMISSION MAY REQUEST A REVIEW OF THE PERMIT ISSUED BY THE ADMINISTRATOR IN ORDER TO DETERMINE IF THE CONTEMPLATED USE IS IN ACCORDANCE WITH PROVISIONS APPLYING TO THE DIS- TRICT IN WHICH THE CONSTRUCTION LIES. EACH APPLICATION FOR A PERMIT SHALL BE ACCOMPANIES BY TWO (2) COPIES OF A DRAWING CON- TAINING THE FOLLOWING INFORMATION: THE SIZE AND SHAPE OF THE PARCEL OF LAND ON WHICH THE PROPOSED BUt'LDING IS TO BE CONSTRUCTED. (B) THE NATURE OF THE PROPOSED USE OF THE BUILDING OR LAND. THE LOCATION OF SUCH BUILDING OR USE WITH RESPECT TO THE PROPERTY LINES OF SAID PARCEL OF LAND AND WITH RESPECT TO THE RIGHT OF WAY OF ANY STREET OR HIGHWAY A[~- dOINING SAID PARCEL OF LAND. ANY OTHER INFORMATION WHICH THE ADMINISTRATOR MAY DEEM NECESSARY TO EVIDENCE CON- FORMITY WITH' THE PROVISIONS OF THIS ORDINANCE. SUCH DRAWING NEED NOT BE MADE BY A CERTIFIED ENGINEER OR SURVEYOR. IF THE PROPOSED BUILDING OR USE IS 'IN CONFORMITY WITH THE PROVISIONS OF THIS ORDINANCE, A PERMIT SHALL BE ISSUED TO THE APPLICANT BY THE ADMINISTRATOR. ONE COPY OF THE DRAWING SHALL BE RETURNED TO THE APPLICANT WITH THE PERMIT. CERTIFICATE OF OCCUPANCY A CERTIFICATE OF OCCUPANCY SHALL BE OBTAINED BEFORE THE USE OF LAND OR BUILDINGS MAY BE CHAN~ED OR A BUILDING MAY BE STURCTURALLV ALTERED. WHEN SUCH PERMIT IS GRANTED BY THE ADMINISTRATOR IT SHALL STATE THAT THE B~iLDING OR PROPOSED USE COMPLIES WITH THE PRO- VISIONS OF THE ORGINANCEo A SIMILAR CERTIFICATE SHALL BE ISSUED FOR THE PURPOSE OF RE- NEWING, CHANGING, OR ALTERING A NONCONFORMING USE. WHEN AN APPLICATION FOR A ZONING PER- MIT IS MADE, · CERTIFICATE OF OCCUPANCY SHALL BE APPLIED FOR CONCURRENTLY. CONDITIONAL USE PERMIT THE LOCATION OF USES ALLOWED IN THiS DISTRICT WHICH REQUIRES A CONDITIONAL USE PERMIT SHALL BE SUBJECT TO SUCH CONDITIONS AS THE GOVERNING BODY DEEMS NECESSARY TO CARRY OUR TH INTENT OF THIS ORDINANCE; SUCH CONDITIONS SHALL CONFORM WITH PROVISIONS SET FORTH IN SECTION 12-7 OF THIS ORDINANCE. ARTICLE 5 - RESIDENTIAL, LIMITED, DISTRICT R-2 STATEMENT OF INTENT IT 18 THE INTENTION THAT THIS DISTRICT SHALL PROVIDE FOR HOMES LOCATED ON SMALLER LOTS, ESSENTIALLY THE SAME ADVANTAGES FOR LIVING AS IN THE R-1 TYPE OF DISTRICT. LIKE THE LATTER, IT SHALL BE CREATED FOR LOW'DENSITY AREAS AND OTHER AREAS LIKELY TO BE DEVELOPED IN A SIMILAR MANNER. LIKEWISE, THE USES PERMITTED ARE THE SAME AS THOSE OF THE R--1 DISTRICT. BECAUSE OF THE SMALLER LOT SIZE PERMISSIBLE~ THE REGULATIONS GOVERNING LOT AREA AND RELATED SPECIFICATIONS NECESSARILY DIFFER FROM THOSE OF THE R-1 DISTRICT AND ARE IN ACCORDANCE WITH THE COUNTY SUBDIVISION ORDINANCE. NO HOME OCCUPATIONS ARE PERMITTE! 5-1 o USE REGULATIONS 5-1-1. 5-1'2, 5-1-3. 5-1-4. 5-1-5. 5-1-6. 5-1-7. 5-1-8. SINGLE FAMILY DWELLINGS TWO FAMILY DWELLINGS CHURCHES WITH ADJUNCT CEMETERIES PARKS AND PLAYGROUNDS SCHOOLS OFF--STREET PARKING, AS REQUIRED BY THIS ORDINANCE ACCESSORY BUILDINGS AS DEFINED, HOWEVER, GARAGES OR OTHER ACCESSORY BUILDINGS, SUCH AS CARPORTS, PORCHES~ AND STOOPS ATTA'CHED TO THE MAIN BUILDING SHALL BE CONSIDERED PART OF THE MAIN BUILDING, NO ACCESSORY BUILDING MAY BE CLOSER THAN ONE (1) FOOT TO ANY PROPERTY LINE. PUBLIC UTILITIES= POLES, LINES, DISTRIBUTION SUBSTATIONS, PIPES, METERS, AND OTHER FACILI. TIES NECESSARY FOR THE PROVISION AND MAINTENANCE OF PUBLIC UTILITIES~ INCLUDING WATER AND SEWAGE FACILITIES. TRANSMISSION SUBSTATIONS AND TRANSMISSION LINES ARE PERMITTED WITH A 5-1-10. DIRECTION SIGNS: NOT MORE THAN'S-I-~!':,(6),.,Sq.UARE FEET IN AREA 5-1-11. CHURCH BULLETIN BOARDS AND IDENTIFICATION SIGNS 5-1-12. GOLF COARSES (UNLIGHTED) 5-2. LOT AND AREA REGULATIONS THE MINIMUM LOT AREA FOR PERMITTED USES SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF THE ALBEMARLE COUNTY SUBDIVISION ORDINANCE. 5-3. SETBACK REGULATIONS THE SETBACK LINE FOR STRUCTURES SHALL BE IN ACCORDANCE WITH THE COUNTY SUBDIVISION ORDINANCiEo 5-4. FRONTAGE REGULATIONS THE MINIMUM LOT WIDTH AT THE SETBACK LINE SHALL BE IN ACCORDANCE WITH THE COUNTV SUBDIVlSI( ORDINANCE. 5-5. YARD REGULATIONS 5-5-1. SiDE = THE MINIMUM SIDE YARD FOR EACH MAIN STRUCTURE SHALL BE TEN (10) FEET OR MORE. 5-5-2. REAR - EACH MAIN STRUCTURE SHALLHAVE A REAR YARD OF THIRTY-FIVE (35) FEET, HEIGHT REGULATIONS BUILDINGS OR STRUCTURES MAY BE ERECTED UP TO THIRTY--FIVE (35) FEET IN HEIGHT EXCEPT THAT: 5-6-1. BUILDINGS AND STRUCTURES MAY BE CONSTRUCTED TO A GREATER HEIGHT PROVIDED THAT ALL REQUIRED FRONT, SIDE, AND REAR YARDS SHALL BE INCREASED ONE (1) FOOT FOR EACH FOOT IN HEIGHT OVER THIRTY--FIVE (35) FEET. 5-6--2. CHURCH SPIRES~ BELFRIES~ CUPOLAS~ MONUMENTS~ WATER TOWERS~ UTILITY LINES~ CHIMNEYS~ FLUES~ FLAGPOLES, TELEVISION ANTENNA AND RADIO AERIALS ARE EXEMPT. 5~?. PERil TS. 5-?-1. No EXTERIOR OF A BUILDING OR STRUCTURE SHALL BE STARTED~ RECONSTRUCTED~ ENLARGED~ OR ALTERED UNTIL A BUILDING PERMIT HAS BEEN OBTAINED FROM THE ADMINISTRATOR. 5-?-2. THE COMMISSION MAY REQUEST A REVIEW OF THE PERMIT ISSUED BY THE ADMINISTRATOR IN ORDER TO DETERMINE IF THE CONTEMPLATED USE IS IN ACCORDANCE WITH PROVISION APPLYING TO THE DISTRICT IN WHICH THE CONSTRUCTION LIES. 5-?-3. EACH APPLICATION FOR A PERMIT SHALL BE ACCOMPANIES BY TOW (2) COPIES OF A DRAWING CONTAINtNC THE FOLLOWING INFORMATION: (A) THE SIZE AND SHAPE OF THE'PARCEL OF LAND ON WHICH THE PROPOSE~ BUILDING IS TO BE CON- STRUCTED. (B) THE NATURE OF THE PROPOSED USE OF THE BUILDING OR LAND. (C) THE LOCATION OF SUCH BUILDING OR USE WITH RESPECT TO THE PROPERTY LINES OF SAID PARCEL OF LAND AND WITH RESPECT TO THE RIGHT OF WAY OF ANY STREET OR HIGHWAY ADdOtNING SAID PARCEL OF ~AND. (D) ANY OTHER INFORMATION WHICH THE ADMINISTRATOR MAY DEEM NECESSARY TO EVIDENCE CONFORMI WITH THE PROVISIONS OF THIS ORDINANCE. SUCH DRAWING NEED NOT BE MADE BY A CERTIFIED ENGINEER OR SURVEYOR. IF THE PROPOSED BUILDI OR USE IS IN CONFORMITY WITH THE PROVISIONS OF THIS ORDINANCE~ A PERMIT SHALL BE ISSUED ~ THE APPLICANT BY THE ADMINISTRATOR. ONE COPY OF THE DRA~ING SHALL BE RETURNED TO THE APPLICANT WITH THE PERMIT, 5-8. CERTIFICATE OF OCCUPANCY A CERTIFICATE OF OCCUPANCY SHALL BE OBTAINED BEFORE THE USE OF LAND OR BUILDINGS MAY BE CHANGED OR A BUILDING MAY BE STRUCTURALLY ALTERED. ~HEN SUCH PERMIT IS GRANTED BY THE ADMINISTRATOR~ IT SHALL BTATE THAT THE BUILDING OR PROPOSED USE COMPLIES WITH THE PRO- VISIONS OF THE ORDINANCE. A SIMILAR CERTIFICATE SHALL BE ISSUED FOR THE PURPOSE OF RENEW- ING~ CHANGING~ OR ALTERING A NONCONFORMING USE. ~HEN AN APPLICATION FOR A ZONING PERMIT IS MADE~ A CERTIFICATE OF OCCUPANCY SHALL BE APPLIED FOR CONCURRENTLY. 5-9. CONDITIONAL USE PERMIT THE LOCATION OF USES ALLOWED IN THIS DISTRICT WHICH SHALL REQUIRE A CONDITIONAL USE PERMIT SHALL BE SUBdECT TO SUCH CONDITIONS AS THE GOVERNING BODY DEEMS NECESSARY TO CARRY OUT THE INTENT OF THIS ORDINANCE. SUCH CONDITIONS SHALL CONFORM WITH PROVISIONS SET FORTH IN SECTION 12-? OF THIS ORDINANCE, ARTICLE 6 - RESIDENTIAL, GENERAL~ DISTRICT R-3= STATEMENT OF INTENT THIS DISTRICT IS COMPOSED OF MEDIUM TO HIGH CONCENTRATIONS OF RESIDENTIAL USES~ QRDINARILY LOCATED AD-- dACENT TO COMMERCIAL AREAS~ PLUS CERTAIN OPEN SPACES WHERE SIMILAR DEVELOPMENT APPEARS LIKELY TO OCCUR. THE REGULATIONS FOR THIS DISTRICT ARE DESIGNED TO STABILIZE AND PROTECT ITS ESSENTIAL CHARACTERISTICS~ TO PROMOTE A SUITABLE ENVIRONMENT FOR FAMILY LIFE~ AND TO PERMIT CERTAIN COMMERCIAL USES OF A CHARACTER UNLIKELY TO DEVELOP GENERAL CONCENTRATIONS OF TRAFFIC~ CROWDS~ AND MAdOR OUTDOOR ADVERTISING. TO THESE ENDS~ RETAIL ACTIVITY IS LIMITED AND THIS DISTRICT IS PROTECTED AGAINST ENCROACHMENT OF GENERAL COMMERCIAL OR INDUSTRIAL USES. ALL RESIDENTIAL STRUCTURES FOR BOTH PERMANENT AND TRANSIENT OCCUPANCY~ INCLUDING INSTITUTIONS~ ARE PERMITTED PLUS STRUCTURES FOR COMMERCIAL USES CONFORMING TO THE PATTERN OF THE DISTRICT. THIS DISTRICT IS NOT COMPLETELY RESIDENTIAL AS IT INCLUDES PUBLIC AND SEMIPUBLIC~ INSTI- TUTIONAL~ AND OTHER RELATED USES. IT IS~ HOWEVER~ BASICALLY RESIDENTIAL IN CHARACTER~ AND~ AS SUCH~ SHOULD NOT BE SPOTTED WITH COMMERCIAL AND INDUSTRIAL USES. 6-1-1. 6-1-2, 6-1-3, 6-1-4. 6-1-5. 6-1-6. 6-1-7. 6-1-8. 6-1-9. 6-1-10. 6-1-11. 6-1-12. 6-1-13. 6-1-14. 6-1 ;-15. (:,-,.1-1¢o 6-1-17. 6-1-18. 6-1~-19. 6-1-20. 6-1-21. (>-1-22. 6-1-23. 6-2 6--3. 6--5. 6-5-1. 6-5-2. 6-6. 6-6-1, 6-6-2. 6-6-3. 6;,6-4. 6--7. 6--8, 6-8-1. 6-8-2 6-8-3. SINGLE FAMILY DWELLINGS TWO FAMILY DWELLINGS MULTIFAMILY DWELLINGS ROOMING AND BOARDING HOUSES TOURIST HOMES SCHOOLS CHURCHES AND ADdUNCT CEMETERIES REST HOMES GENERAL HOSPITALS WITH A CONDITIONAL USE PERMIT CLUBS AND LODGES PARKS AND PEAYGROUNDS PROFESSIONAL OFFICES HOME OCCUPATIONS TRAILER PARKS, WITH CONDITIONAL USE PERMIT OFF-STRET PARKING AS REQUIRED BY THIS ORDINANCE ACCESSORY BUILDINGS PERMITTED AS DEFINED, HOWEVER, GARAGES AND OTHER ACCESSORY STRUCTURES, SUCH AS CARPORTS~ PORCHES AND STOOPS, ATTACHED TO THE MAIN BUILDING, SHALL BE CONSIDERED PART OF THE MAIN BUILDING. NO ACCESSORY BUILDING MAY BE CLOSER THAN ONE (1) FOOT TO ANY PROPERTY LINE. PUBLIC UTILITIES: POLES, LINES~ DISTRIBUTION SUBSTATIONS, PIPES~ METERS~ AND OTHER FAClLITtl NECESSARY FOR THE PROVISION ~ND MAINTENANCE OF PUBLIC UTILITIES~ INCLUDING WATER AND SEWAGE FACILITIES. TRANSMISSION SUBSTATIONS AND TRANSMISSION LINES ARE PERMITTED WITH A CONDITION~ USE ~ RMIT. BUSINESS SIGNS: ONLY TO ADVERTISE ON PREMISE BUSINESS; NOT MORE THAN SIX (6) SQUARE FEET IN AREA; NO FLASHING~ BLINKING, COLOR CHANGING, OR NEON LIGHTING. DIRECTIONAL SIGNS= NOT MORE THAN SIX (6) SQUARE FEET IN AREA. CHURCH BULLETIN BOARDS AND IDENTIFICATION SIGNS. HOME OCCUPATION SIGNS= NOT MORE THAN SIX (6) SQUARE FEET IN AREA; NO FLASHING~ BLINKING~ COLOR CHANGING~ OR NEON LIGHTING. TRAILERS, INDIVIDUAL GOLF COURSES (UNLIGHTED) AREA REGULATIONS LOT SIZES REQUIRED IN THIS DISTRICT SHALL BE IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN THE COUNTY SUBDIVISION ORDINANCE. S~BACK REGULATIONS THE SETBACK LINE FOR STRUCTURES SHALL BE IN ACCORDANCE WITH THE COUNTY SUBDIVISION ORDINANC FRONTAGE REGULATIONS MINIMUM LOT WIDTH AT THE BUILDING SETBACK LINE SHALL BE IN ACCORDANCE WITH THE COUNTY SUB- DIVISION ORDINANCE. YARD REGULATIONS ~IDE -- THE MINIMUM SIDE YARD-FOR EACH MAIN STRUCTURE SHALL BE TEN (~) FEET OR MORE. REAR - EACH MAIN STRUCTURE SHALL HAVE A REAR YARD OF TWENTY-FIVE (2~) FEET OR MORE. HEIGHT REGULATIONS BUILDINGS AND STRUCTURES MAY BE ERECTED UP TO THIRTY-FIVE (35) FEET IN HEIGHT FROM GRADE EXCEPT THAT: BUILDINGS AND STRUCTURES MAY BE ERECTED TO A GREATER HEIGHT PROVIDED THAT ALL SIDE AND REAR YARD REQUIREMENTS ARE: (1) DOUBLED AND (2) INCREASED ONE (1) FOOT FOR EACH FeOT IN HEIGHT OVER THIRTY-FIVE (35) FEET. A PUBLIC OR SEMIPUBLIC BUILDING SUCH AS SCHOOLS, CHURCHES~ LIBRARY OR HOSPITAL MAY BE ERECTED TO A HEIGHT OF SIXTY (60) FEET FROM GRADE PROVIDED THAT REQUIRED FRONT~ SIDE, AND REAR YARDS SHALL BE INCREASED ONE (1) FOOT FOR EACH FOOT IN HEIGHT OVER THIRTY-FIVE (35) FEET. CHURCH SPIRES~ BELFRIES~ CUPOLAS~ MONUMENTS, WATER TOWERS~ CHIMNEYS, FLUE8~ FLAGPOLES~ TELEi VISION ANTENNAE AND RADIO AERIALS ARE EXEMPT. NO ACCESSORY BUILDING WHICH iS WITHIN TEN (10) FEET OF ANY PARTY LOT LINE SHALL BE MORE THAN ONE (1) STORY HIGH. SPECIAL PROVISIONS FOR CORNER LOTS OF THE TWO SIDES OF A CORNER, THE FRON SHALL BE DEEMED TO BE THE SHORTER OF THE TWO SIDES FRONTING ON STREETS. PERMITS BUILDINGS OR STRUCTURES SHALL BE STARTED~ RECONSTRUCTED~ ENLARGED, OR ALTERED ONLY AFTER A BUILDING PERMIT HAS BEEN OBTAINED FROM THE ADMINISTRATOR'. THE COMMISSION MAY REQUEST A REVIEW OF THE PERMIT ISSUED BY THE ADMINISTRATOR IN ORDER TO DETERMINE IF THE CONTEMPLATED USE IS' IN ACCORDANCE WITH PROVISIONS APPLYING TO THE DISTRICT IN WHICH THE CONSTRUCTION LIES. EACH APPLICATION FOR A PERMIT SHALL BE ACCOMPANIED BY TWO (2) COPIES OF A DRAWING CONTA~NIN( THE FOLLOWING INFORMATION: (A) THE SIZE AND SHAPE OF THE PARCEL OF LAND ON WHICH THE PROPOSED BUILDING tS TO BE CON- STRUCTED. (B) THE NATURE OF THE PROPOSED USE OF THE BUILDING OR LAND. (C) THE LOCATION OF SUCH BUILDING OR USE WITH RESPECT TO THE PROPERTY LINES OF SAID PARCEL OF LAND AND WITH RESPECT TO THE RIGHT OF WAY OF ANY STREET OR HIGHWAY ADdOINING SAID PARCEL OF LAND. 6--9 o SUCH DRAWING NEED NOT BE MADEBY A C.ERTIFIED ENGINEER OR SURVEYOR. IF THE PROPOSED BUILDING OR USE IS IN CONFORMITY'WITHTHE PROVISIONS OF THIS ORDINANCE~ A PERMIT SHALL BE ISSUED TO THE APPLICANT BY THE ADMINISTRATOR. ONE COPY OF THE DRAWING SHALL BE RETURNED TO THE APPLICANT WITH THE PERMIT. CERTIFICATE OF OCCUPANCY A CERTIFICATE OF OCCUPANCY SHALL BE OBTAINED BEFORE THE USE OF LAND OR BUILDING MAY BE CHANGED OR A BUILDING MAY BE STRUCTURALLY ALTERED. WHEN SUCH PERMIT IS GRANTED BY THE ADMINISTRATOR~ IT SHALL STATE THAT THE BUILDING OR PROPOSED USE COMPLIES WtTH THE PRO- VISIONS OF THE ORGINANCE, A SIMILAR CERTIFICATE SHALL BE ISSUED FOR THE PUBPOSE OF RENEWlNG~ CHANGING~ OR ALTERING A NONCONFORMING USE, WHEN AN APPLICATION FOR A ZONING PERMIT IS MADE~ A CERTIFICATE OF OCCUPANCY SHALL BE APPLIED FOR CONCURRENTLY° 6-10. CONDITIONAL USE PERMIT THE LOCATION OF USES ALLOWED IN THIS DISTRICT WHICH SHALL REQUIRE A CONDITIONAL USE PERMI, SHALL BE SUBdECT TO SUCH CONDITIONS AS THE GOVERNING BODY DEEMS NECESSARY TO CARRY OUT TH! INTENT OF THIS ORDINANCE. SUCH CONDITIONS SHALL CONFORM WITH PROVISIONS SET FORTH IN I1 SECTION 12-7 OF THIS ORDINANCE. ARTICLE ?- BUSINESS, LIMITED, DISTRICT B-1. STATEMENT OF INTENT THE PRIMARY PURPOSE OF THIS DISTRICT IS TO PROVIDE LIMITED COMMERCIAL ACTIVITIES THAT ARE NECESSARY FOR DAY--TO--DAY OPERATION OF NORMAL HOUSEHOLD. SUCH DISTRICT SHOULD NOT BE LOCATED SO AS TO CREATE TRAFFIC OR PARKINCT~ROBLEMS FOR NEIGHBORING RESIDENTIAL DISTRICTS~ OR DAMAGE AESTHETIC RO REAL PROPERTY VALUES IN NEIGHBORING RESIDENTIAL DISTRICT. 7-1 . USE REGULATIONS IN BUSINESS DISTRICT B-i~ STRUCTURES TO BE ERECTED OR LAND TO BE USED~ SHALL BE FOR ONE OR MORE OF THE FOLLOWING USES= 7-1-1. 7-1-2. 7-1-3. 7-1-4. 7-1-5. 7-1-6. 7-1-7. 7-1-8. 7-1-9. 7-1-10. 7-1-11. 7-1-12. 7-1-13. 7-1-14. 7-1-1 5. 7-1-16. GROCERY STORES BAKE SHOPS DRUG STORES LAUNDRY PICK-UP AND DELIVERY STATIONS LAUNDRIES~ COIN-OPERATED BARBER AND BEAUTY SHOPS GIFT SHOPS SPECIALIZED CLOTHING SHOPS OFF--STREET PARKING AS REQUIRED BY THIS ORDINANCE PUBLIC UTILITIES: POLES~ LINES~ DISTRIBUTION TRANSFORMERS~ PIPES~ METERS~ AND OTHER FACILITIES~ NECESSARY-FOR THE PROVISION AND MAINTENANCE OF PUBLIC UTILITIES~ INCLUDING WATER AND SEWAGE FACILITIES. BUSINESS SIGNS: ONLY TO ADVERTISE ON PREMISES BUSINESS; NOT MORE THAN TWENTY (20) SQUARE FEET IN AREA; NO SLINKING~ FLASHING~ COLOR CHANGING~ OR NEON LIGHTING. _DIRECTIONAL SIGNS: NOT MORE THAN SIX (6) SQUARE FEET IN AREA. IDENTIFICATION SIGNS HOME OCCUPATION SIGNS= NOT MORE THAN SIX (6) SQUARE FEET IN AREA; NO BLINKING~ FLASHING~ OR NEON LIGHTING. DELICATESSENS HOME OCCUPATIONS 7--2. AREA REGULATIONS NONE~ EXCEPT FOR PERMITTED USES UTILIZING INDIVIDUAL WATER SUPPLY OR SEWAGE DISPOSAL SYSTEMS; THE REQUIRED AREA FOR ANY SUCH CASE SHALL BE APPROVED BY THE HEALTH OFFICIAL AND A GREATER AREA MAY BE REQUIRED BY THE ADMINISTRATOR IF CONSIDERED NECESSARY BY THE HEALTH OFFICIAL, 7--3 · FRONTAGE AND YARD REGULATIONS NO MINIMUM FRONT OR YARD REGULATIONS ARE IMPOSED EXCEPT THAT: 7-3-1 WBENEWER SUCH DISTRICT ADdOINS A RESIDENTIAL DISTRICT~ A BUFFER AREA OF AT LEAST FIFTV (50) FEET IN WIDTH MUST BE MAINTAINED FROM THE NEAREST EXTERIOR BUILDING WALL TO THE BOUNDARY OF THE RESIDENTIAL DISTRICT; SUCH BUFFER AREA SHALL INCLUDE ADEQUATE EVERGREEN GROWTH TO SHIELD SUCH BUILDING FROM NORMAL VIEW FROM SUCH DISTRICT. 7-4. HEIGHT REGULATIONS 7--5. STRUCTURES MAY BE ERECTED UP TO THIRTY-FIVE (35) FEET IN HEIGHT FROM-GRADE, PERMITS 7-5-1. BUILDINGS OR STRUCTURE8 SHALL-BE ST-A~TED~ RECONSTRUCTED~ ENLARGED~ OR ALTERED ONLY AFTER A BUILDING PERMIT HAS BEEN OBTAINED FROM THE ADMINISTRATOR. 7-5-2. THE COMMISSION MAY REQUEST A REVIEW OF THE PERMIT ISSUED BY THE ADMINISTRATOR IN ORDER TO DETERMINE IF THE CONTEMPLATED USE IS IN ACCORDANCE WITH PROVISIONS APPLYING TO THE DISTRICT IN WHICH THE CONSTRUCTION LIES. 7-5-3. EACH APPLICATION FOR A PERMIT SHALL BE ACCOMPANIED BY TWO (2) COPIES OF A DRAWING CONTAIN- ING THE FOLLOWING INFORMATION: IA) THE SIZE AND SHAPE OF THE PARCEL OF LAND ON WHICH THE PROPOSED BUILDING IS TO BE CONSTRUCTED. (BI (C) THE NATURE OF THE PROPOSED USE OF THE BUILDING OR LAND. THE LOCATION OF SUCH BUILDING OR USE WITH RESPECT ~ THE PROPERTY LINES OF SAID PAR- CEL OF LAND AND WITH RESPECT TO THE RIGHT OF WAY OF ANY STREET OR HIGHWAY ADJOINING SAID PARCEL OF LAND. SUCH DRAW. lNG NEED NOT BE MADE BY A CERTIFIED ENGINEER OR SURVEYOR. IF THE PROPOSED BUILD- lNG OR USE IS IN CONFORMITY WI?H THE PROVISIONS OF THIS ORDINANCE, A PERMIT SHALL BE ISSUER TO THE APPLICANT BY THE ADMINISTRATOR. ONE COPY OF THE DRAWING SHALL BE RETURNED TO THE APPLICANT WITH THE PERMIT. CERTIFICATE OF OCCUPANCY A CERTIFICATE OF OCCUPANCY SHALL BE OBTAINED BEFORE THE USE OF LAND OR BUILDINGS MAY BE CHANGED OR A BUILDING MAY BE STRUCTRUALLY ALTERED. WHEN SUCH PERMIT IS GRATED B~ THE ADMINISTRATOR IT SHALL STATE THAT THE BUILDING OR PROPOSED USE COMPLIES WITH THE PROVISIONE OF THE ORDINANCE. A SIMILAR CERTIFICATE SHALL BE ISSUED FOR THE PURPOSE OF RENEWlNG~ CHANGING, OR ALTERING A NONCONFORMING USE· WHEN AN APPLICATION FOR A ZONING PERMIT MADE~ A CERTIFICATE OF OCCUPANCY SHALL BE APPLIED FOR CONCURRENTLY. 7-7. CONDITIONAL USE PERMIT THE LOCATION OF USES ALLOWED IN THIS DISTRICT WHICH SHALL REQUIRE A CONDITIONAL USE PERMIT SHALL BE SUBdECT TO SUCH CONDITIONS AS THE GOVERNING BODY DEEMS NECESSARY TO CARRY OUT THE INTENT OF THIS ORDINANCE. SUCH CONDITIONS SHALL CONFORM WITH PROVISIONS SET FORTH IN SECTION 12-7 OF THIS ORDINANCE. ARTICLE 8 - BUSINESS~ GENERAL, DISTRICT, B-2 ~7~TEMENT OF INTENT THIS DISTRICT APPLIES TO AN AREA DEVOTED OR LIKELY TO BE DEVOTED PREDONIMANTLY~ IF NOT EXCLUSIVELY~ TO GENERAL BUSINESS ACTIVITIES OF A WIDE VARIETY. THE REGULATIONS GOVERNING IT ARE DESIGNED TO FACILITATE DIRECT AND FREQUENT ACCESS FOR THE PUBLIC AND TO KEEP AT A MINIMUM ANY OBdECTIONABLE FEATURES WHICH NECESSARILY ARISE FROM THE CONDUCT OF CERTAIN TYPES OF BUSINESS. 8-1 · USE REGULAT I ONS IN BUSINESS DISTRICT B-2, ANY STRUCTURE OR USE ALLOWED IN BUSINESS DISTRICT B-1 IS PER- MITTED AS WELL AS ONE OR MORE OF THE FOLLOWING USES: 8-1-1. 8-1-2. 8-1-3. 8-1-4. 8-1-5. 8-1-6. 8-1 ",-'7. 8-1-8. 8-1-9, 8-1-10. 8-1-11. 8-1-12. 8-1-13. 8-1-14. 8-1-15 · 8-1-16, 8-1-17. 8-1-18. 8-1-19. 8-1-20 · 8-1-21 · 8-1-22. 8-1-23. 8-1-24. 8-1-25. 8-1-26. 8-1-27. 8-i-28. 8-1-29. 8-1-3O. 8-1-31. RETAIL FOOD STORES BAKERIES DRY CLEANERS LA~NDRIES WEARING APPAREL STORES DRUG STORES BARBER AND BEAUTY SHOPS AUTO AND HOME APPLIANCE SERVICES THEATRES, ASSEMBLY HALLS HOTELS AND MOTELS OFFICE BUILDINGS CHURCHES LIBRARIES HOSPITALS~ GENERAL FUNERAL HOMES BANKS NEWSPAPER AND PRINTING PRESSES SERVICE STATIONS AND GARAGES CLUBS AND LODGES AUTO SALES AND SERVICES LUMBER AND BUILDING SUPPLY PLUMBING AND ELECTRICAL SUPPLY WHOLESALE AND PROCESSING NOT OBdECTIONABLE BECAUSE OF DUST~ NOISE, OR'ODORS WITH A CON~ DITIONAL USE PERMIT RESTAURANTS AND DELICATESSENS MACHINERY SALES AND SERVICES PUBLIC UTILITIES OFF-STREET PARKING AS REQUIRED BY THIS ORDINANCE PUBLIC BILLIARD PARLORS AND POOL ROOMS~ BOWLING ALLEYS~ DANCE HALLS~-AND SIMILAR FORMS OF PUBLIC AMUSEMENTS ONLY AFTER A PUBLIC HEARING SHALL HAVE BEEN HELD BY THE GOVERNING BODY ON AN APPLICATION SUBMITTED TO THE BODY FOR SUCH USE. THE GOVERNING BODY MAY REQUEST THAT THE COMMISSION SUBMIT A RECOMMENDATION TO THEM CONCERNING SUCH USE APPLICATIONS· ~N AP- PROVING ANY SUCH APPLICATION~ THE GOVERNING BODY MAY ESTABLISH SUCH SPECIAL REQUIREMENTS AND REGULATIONS FOR THE PROTECTION OF ADdACENT PROPERTY~ SET-THE HOURS OF OPERATION~ AND MAKE REQUIREMENTS AS THEY MAY DEEM ~ECESSARY IN THE PUBLIC INTEREST, BUSINESS SIGNS. GENERAL ADVERTISING; NO SIGN SHALL BE GREATER IN HEIGHT THAN THIRTY (30) FEET FROM GROUND LEVEL OR GREATER IN HEIGHT THAN THE HAVE LINE OF THE ROOF OF THE MAIN BUILDING LOCATED ON THE PREMISES ~PON WHICH SAID SIGN IS ERECTED~ WHICHEVER IS GREATER· No BLINKING~ FLASHING. OR COLOR CHANGING LIGHTS ARE PERMITTED. LOCATION SIGNS· 8-2. AREA REGULATIONS NONE~ EXCEPT FOR PERMITTED USES UTILIZING INDIVIDUAL SEWAGE DISPOSAL SYSTEMS; THE REQUIRED AREA FOR ANY SUCH USE ~ALL BE APPROVED BY THE HEALTH OFFICIAL. THE ADMINISTRATOR MAY RE- qUIRE A GREATER AREA IF CONSIDERED NECESSARY BY THE HEALTH OFFICIAL. 8-'3 SETBACK REGULATIONS STRUCTURES SHALL BE LOCATED THIRTY-FIVE (3~) FEET OR MORE FROM THE CENTER LINE OF ANY STREET RIGHT OF WAY~ EXCEPT THAT SIGNS MAY BE ERECTED UP TO THE PROPERTY LINE. THIS SHALL BE KNOWN AS THE ttSETBACK LINEfl. FRONTAGE OR YARD REGULATIONS 8-4-1. NO MINIMUM FRONT OR YARD REGULATIONS ARE IMPOSED IN THIS DISTRICT EXCEPT THAT: ~HENEVER SUCH DtSTRIOT ADdO'INS. A RESIDENTIAL DlSTRIOT~ A BUFFER AREA OF AT LEAST FIFTY (50 FEET IN WIDTH MUST BE MAINTAINED FROM THE NEAREST EXTERIOR BUILDING WALL TO THE BOUNDARY OF THE RESIDENTIAL DISTRICT. SUCH BUFFER AREA SHALL INCLUDE ADEQUATE EVERGREEN GROWTH TO 8--5. P RRM I TS 8-5-1. BUILDINGS OR STRUCTURES SHALL BE STARTED, RECONSTRUCTED, ENLARGED OR ALTERED ONLY AFTER A BUILDING PERMIT HAS BEEN OBTAINED FROM THE ADMINISTRATOR. 8-5-2. THE COMMISSION MAY REQUEST A REVIEW OF THE PERMIT ISSUED BY THE ADMINISTRATOR IN ORDER TO DETERMINE IF THE COMTEMPLATED USE IS IN ACCORDANCE WITH PROVISIONS APPLYING TO THE DIS-. TRtCT IN WHICH THE CONSTRUCTION LIES. 8-5-3. EACH APPLICATION FOR A PERMIT SHALL BE ACCOMPANIED BY TWO (2) COPIES OF A DRAWING CON~AIN- lNG THE FOLLOWING INFORMATION: THE SIZE AND SHAPE OF THE PARCEL OF LAND ON WHICH THE PROPOSED BUILDING IS TO BE CONSTRUCTED. (B) THE NATURE OF THE PROPOSED USE OF THE BUILDING OR LAND. (c) THE LOCATION OF SUCH BUILDING OR USE WITH RESPECT TO THE PROPERTY LINES OF SAID PAR- CEL OF LAND AND WITH RESPECT TO THE RIGHT OF WAY OF ANY STREET OR HIGHWAY ADdOINING SAID PARCEL OF LAND. (D) ANY OTHER INFORMATION WHICH THE ADMINISTRATOR MAY DEEM NECESSARY TO EVIDENCE CONfOR- MITY WITH THE PROVISIONS OF THIS ORDINANCE. SUCH DRAWING NEED NOT BE MADE BY A CERTIFIED ENGINEER OR SURVEYOR. IF THE PROPOSED BUILDING OR USE IS IN CONFORMITY WITH THE PROVISIONS OF THIS ORDINANCE~ A PBRMIT SHALL BE ISSUED TO THE APPLICANT BY THE ADMINISTRATOR. ONE COPY OF THE DRAWING SHALL BE RETURNED TO THE APPLICANT WITH THE PERMIT. 8-6. CERTIFICATE OF OCCUPANCY A CERTIFICATE OF OOCUPANCY SHALL BE OBTAINED BEFORE THE USE OF LAND OR BUILDINGS MAY BE CHANGED OR A BUILDING MAY BE STRUCTURALLY ALTERED. WHEI~UCH PERMIT IS GRANTED BY THE ADMINISTRATOR, IT SHALL STATE THAT THE BUILDING OR PROPOSED USE COMPLIES WITH THE PRO- VISIONS OF THE ORDINANCE. A SIMILAR CERTIFICATE SHALL BE ISSUED FOR THE PURPOSE OF RE- NEWING, CHANGING~ OR ALTERING A NONCONFORMING USE. WHEN AN APPLICATION FOR A ZONING PERMIT IS MADE, A CERTIFICATE OF OCCUPANCY SHALL BE APPLIED FOR CONCURRENTLY. 8-7. CONDITIONAL USE PERMIT THE LOCATION OF USES ALLOWED IN THIS DISTRICT WHICH SHALL REQUIRE A CONDITIONAL USE PER- MiT SHALL BE SUBdECT TO SUCH CONDITIONS AS THE GOVERNING BODY DEEMS NECESSARY TO CARRY OUt THE INTENT OF THIS ORDINANCE~ SUCH CONDITIONS SHALL CONFORM WITH PROVISIONS SET FORTH IN SECTION 12-7 OF THIS ORDINANCE. ARTICLE 9 - INDUSTRIAL, LIMITED, DISTRICT M-1 ~ATEMENT OF INTENT THE PRIMARY PURPOSE OF THIS DISTRICT IS TO PERMIT CERTAIN INDUSTRIES, WHICH DO NOT DETRACT FROM THE GENERAL DESIRABILITY OF THE COMMUNITY, TO LOCATE IN ANY AREA ADdACENT TO AGRICULTURAL~ RESIDENTIAL, AND COMMERCIAL USES. STRICT lIMITATIONS ON~ HEIGHT CE BUILDINGS, HORSEPOWER, HEATING FUMES~ ODORS, AND/OR NOISES ARE IMPOSED TO PROTECT AND FOST~ NEARBY RESIDENTIAL AREAS. ~AXlMUM USE SHALL BE MADE OF LAND-. SOAPING AND SCREENING TO IMPROVE THE APPEARANCE OF THIS AREA. 9-1 o USE REGULATIONS IN INDUSTRIAL DISTRICT ~-1~ ANY STRUCTURE TO BE ERECTED OR LAND TO BE USED SHALL BE FOR ONE OR MORE OF THE FOLLOWING USES= 9-1-1. 9-1-2. 9-1-3. 9-1-4. 9-1-5. 9-1-8. 9'~-9. 9-1-10. 9-1-1 ~. 9-1-12. 9-1-13 o 9-1-14. 9-1-1 5 · 9-1.1 6. 9-1 '17. 9-1-18. 9-1-19. 9-1-20. 9-1-21. 9-1-22. ASSEMBLY OF ELECTRICAL APPLIANCES, ELECTRONIC INSTRUMENTS AND DEVICES, RADIOS AND PHON~- GRAPHS. ALSO THE MANUFACTURING OF SMALL PARTS SUCH AS COILS, CONDENSERS, TRANSFORMERS~ AND CRYSTAL HOLDERS. AUTOMOBILE ASSEMBLING, PAINTING, UPHOLSTERING~ REPAIRING, REBUILDING, BODY AND FENDER WORK, TRUCK REPAIRING OR OVERHAULING~ TIRE RETREADING OR RECAPPING, OR BATTERY MANUFACTURE. BLACKSMITH SHOP, WELDING OR MACHINE SHOP, EXCLUDING PUNCH PRESSES EXCEEDING FORTY TON RATED CAPACITY AND DROP HAMMERS. LABORATORIES - PHARMACEUTICALS, MEDICAL AND/OR RESEARCH. ~ MANUFACTURE~ COMPOUNDING, PROCESSING~ PACKAGING OR TREATMENT OF SUCH PRODUCTS AS BAKERY ~OO~S~ CANDV, COSMETICS, DAIRY PRODUCTS~ DRUGS, PERFUMES~ PHARMACEUTICALS, PERFUMED TOILE SOAP~ TOILETRIES~ AND FOOD PRODUCTS. MANUFACTURE~ COMP~UNDING~ ASSEMBLING OR TREATMENT OF ARTICLES OF MERCHAN~iSE FROM THE FOLLOWING PREVIOUSLY PREPARED MATERIALS= BONE, CELLOPHANE, CANVAS, CLOTH~ CORK~ FEATHERS FEET, FIBER~ FUR, GLASS~ HAIR~ HORN, LEATHER, PAPER~ PLASTIC, PRECIOUS OR SEMIPRECIOUS METALS OR STONE, SHELL, STRAW~ TEXTILES~ TOBACCO~ WOOD, YARD, AND~tNT. MANUFACTURE OF POTTERY AND FIGURINES OR OTHER SIMILAR CERAMIC PRODUCTS~ USING ~NLY PRE- VIOUSLY PULVERIZED CLAY~ AND KILNS FIRED ONLY BY ELECTRICITY OR GAS. ~ANUFACTURE OF MUSICAL INSTRUMENTS, TOYB~ NOVELTIES, AND RUBBER AND METAL STAMPS. BUILDING MATERIAL SALES YARDS~ PLUMBING SUPPLIES STORAGE. COAL AND WOOD YARDS~ LUMBER YARDS~ FEED AND SEED STORES. CONTRAC'DRSt EQUIPMENT STORAGE YARDS OR PLANT, OR RENTAL OF EQUIPMENT COMMONLY USED BY CONTRACTORS. CABINETS~ FURNITURE, AND UPHOLSTERY SHOPS. BOAT BUILDING MONUMENTAL STONE WORKS VETERINARY OR DOG OR CAT HOSPITALS, KENNELS. AIRPORTS WITH CONDITIONAL USE PERMIT WHOLESALE BUSINESSES~ STORAGE WAREHOUSES OFF-STREET PARKING AS REQUIRED BY THIS ORDINANCE PUBLIC UTILITY GENERATING~ BOOSTER OR RELAY STATIONS, TRANSE~RMER SUBSTATtONS~ TRANS- MISSION LINES AND TOWERS~ AN~ OTHER FACILITIES FOR THE PROVISION AND MAINTENANCE OF PUB- LIC UTILITIES~ INCLUDING RAILROADS AND FACILITIES~ AN9 WATER AND SEWERAGE INSTALLATIONS. ~USINESS SIGNS GENERAL ADVERTISING SIGNS LOCATION S~GNS 9-2-1. 9-2-2. 9-2-3. 9-2-4. 9-2-5. 9-2-6. 9--3 · 9--4 · 9--5 · 9--6. 9--7 · 9-7-1. 9-7-2. 9-7-3 9~8. BEFORE A BUILDING PERMIT SHALL BE ISSdED OR CONSTRUCTION COMMENCED ON ANY PERMITTED USE IN THIS DISTRICT, OR A PERMIT ISSUED FOR A NEW USE. THE PLANS~ IN SUFFICIENT DETAIL TO SHOW THE OPERATIONS AND PROCESSES~ SHALL BE SUBMITTED TO THE ZOBING ADMINISTRATOR FOR STUDY. THE ADMINISTRATOR MAY REFER THESE PLANS TO, HE PLANNING COMMISSION FOR THEIR RECOMMENDATION. MODIFICATIONS OF THE PLANS MAY BE REQUIRED. PERMITTED USES SHALL BE CONDUCTED WITHIN A GOMPLETELY ENCLOSED BUILDING OR WITHIN AN AREA ENCLOSED ON ALL SIDES BY A MASONRY WALL~ A UNIFORMLY PAINTED SOLID BOARD FENCE~ OR EVER-- GREEN HEDGE SIX (6) FEET IN HEIGHT. PUBLIC UTILITIESy THE LOADING AND UNLOADING OF VEHICLE~ AND SIGNS REQUIRING UNOBSTRUCTED VIEW MAY BE EXEMPT FROM THIS PROVISION. THIS EXEMPTION DOES NOT INCLUDE STORING OF ANY MATERIALS. NO LANDSCAPING SHALL BE ALLOWED IN ANY MANNER THAT WILL TEND TO'CREATE TRAFFIC HAZARDS. SUFFICIENT AREA SHALL BE PROVIDED (1) TO ADEQUATELY SCREEN PERMITTED USES FROM ADdACENT BUSINESS AND RESIDENTIAL DISTRICTS~ AND (2) FOR OFF-STREET PARKING OF VEHICLES INCIDENTAL TO THE INDUSTRY~ ITS EMPLOYEES AND CLIENTS. AUTOMOBILE GRAVEYARDS AND dUNKYARDS IN EXISTENCE AT THE TIME OF THE ADOPTION OF THIS ORDINANCE ARE TO BE CONSIDERED AS NONCONFORMING USES. THEY SHALL BE ALLOWED UP TO THREE (3) YEARS AFTER ADOPTION OF THIS ORDINANCE IN WHICH TO COMPLETELY SOREEN~ ON ANY SIDE OPEN TO VIEW FROM A PUBLIC ROAD~ THE OPERATION OR USE BY A MASONRY WALL~ A UNIFORMLY PAINTED SOLID BOARD FENCE~ OR AN EVERGREEN HEDGE SIX (6~ FEET IN HEIGHT. THE ADMINISTRATOR SHALL ACT ON ANY APPLICATION RECEIVED W~THIN TWENTY (20) DAYS AFTER RE- CEIVING THE APPLICATION. IF FORMAL NOTICE IN WRITING IS GIVEN TO THE APPLtCANT~ THE TIME FOR ACT~ION MAY BE EXTENDED FOR A TWENTY (20) DAY PERIOD. FAILURE ON THE PART OF THE AD- MINISTRATOR TO ACT ON THE APPLICATION WITHIN THE ESTABLISHED TIME LIMIT SHALL BE DEEMED TO CONSTITUTE APPROVAL OF THE APPLICATION. AREA REGULATIONS FOR PERMITTED USES UTILIZING INDIVIDUAL SEWAGE DISPOSAL SYSTEMS~ THE REQUIRED AREA FOR ANY SUCH USE SHALL BE APPROVED BY THE HEALTH OFFICIAL. THE ADMINISTRATOR MAY REQUIRE A GREATER AREA IF CONSIDERED NECESSARY BV THE ~EALTH OFFICIAL. SETBACK REGULATIONS BUILDINGS SHALL BE LOCATED TEN (10) FEET OR MORE FROM ANY STREET RIGHT OF WAY WHICH IS NIFTY (50) FEET OR GREATER IN WIDTH~ OR THIRTY-FIVE (35) FEET OR MORE-FROM THE CENTER LINE OF ANY STREET RIGHT OF WAY LESS THAN FIFTY (50) FEET IN WIDTH EXCEPT THAT SIGNS ADVERTISING SALE OR RENT OF PREMISES MAY BE ERECTED UP TO THE PROPERTY LINE. THIS SHALL BE KNOWN AS THE "SETBAC LINE~. FRONTAGE AND YARD REGULATIONS FOR PERMITTE~ USES THE MINIMUM SIDE YARD ADdOINING OR ADdACENT TO ~ RESIDENTIAL DISTRICT SHALL BE SUFFICIENT TO ALLOW A BUFFER AREA AT LEAST FIFTY (50) FEET IN WIDTH FROM THE NEAREST EXTERIOR BUILDING WALL TO THE BOUNDARY OF THE RESIDENTIAL DISTRICTS~ SUCH B~FFER AREA SHALL INCLUDE ADEQUATE EVERGREEN GROWTH TO SHIELD SUCH BUILDING OR BUILDINGS FROM NORMAL VIEW FROM SUCH DISTRICT. COVERAGE REGULATIONS BUILDINGS OR GROUPS OF BUILDINGS WITH THEIR ACCESSORY BUILDINGS MAY COVER NOT MORE THAN SEVENTY PERCENT (70%) OF THE AREA OF THE LOT. PERMITS BUILDINGS OR STRUCTURES SHALL BE STARTED~ RECONSTRUCTED~ ENLARGED OR ALTERED ONLY AFTER A PERMIT HAS BEEN OBTAINED FROM THE ADMINISTRATOR~ THE COMMISSION MAY REQUEST A REVIEW OF THE PERMIT ISSUED BY THE ADMINISTRATOR IN ORDER TO DETERMINE IF THE CONTEMPLATED USE IS IN ACCORDANCE WI~H PROVISIONS APPLYING TO THE DISTRICT IN WHICH THE CONSTRUCTION LIES. EACH APPLICATION FOR A PERMIT SHALL BE AOCOMPANIED BY TWO (2) COPIES OF A DRAWING CONTAININ( THE FOLLOWING INFORMATION= (A) THE SIZE AND SHAPE OF THE PARCEL OF LAND ON WHICH THE PROPOSED BUILDING IS TO BE CONSTRUCTED. (BI THE NATURE OF THE PROPOSED USE OF THE BUILDING OR LAND. (c) THE LOCATION OF S~CH BUILDING OR USE WITH RESPECT TO THE PROPERTY LINES OF SAID PARCEL OF LAND AND WITH RESPECT TO THE RIGHT OF WAY OF ANY STREET OR HIGHWAY ADdOINING SAID PARCEL OF~_AND. (D) ANY OTHER INFORMATION WHICH THE ADMINISTRATOR MAY DEEM NECESSARY TO EVIDENCE ~NFORMITY WITH THE PROVISIONS OF THIS ORDINANCE. SUCH DRAWING NEED NOT BE MADE BY A CERTTFIED ENGINEER OR SURVEYOR. IF THE PROPOSED BUILDING OR USE IS IN CONFORMITY WITH THE PROVISIONS OF THIS ORDINANCE~ A P~RMIT SHALL BE ISSUED TO THE APPLICANT BY THE ADMINISTRATOR. ONE COPY OF THE DRAWING SHALL BE RETURNED TO THE APPLI- CANT WITH THE PERMIT. CERTIFICATE OF OCCUPANCY A CERTIFICATE OF OCCUPANCY SHALL BE OBTAINED BEFORE THE USE OF LAND OR BUILDINGS MAY BE CHANGED OR A BUILDING MAY BE STRUCTURALLY ALTERED. ~HEN SUCH PERMIT IS GRANTED BY THE ADMINISTRATOR~ IT SHALL STATE THAT THE BUILDING OR PROPOSED USE COMPLIES WITH THE PROVISIONS OF THE ORDINANCE. A SIMILAR CERTIFICATE 8HALL .BE ISSUED FOR THE PURPOSE OF RENEWING~ CHANGING~ OR ALTERING A NONCONFORMING USE. ~HEN AN APPLICATION FOR A ZONING PERMIT IS MADE~ A CERTIFICATE OF OCCUPANCY SHALL BE APPLIED FOR CONCURRENTLY. 9-9. OONDITIONAL USE PERMIT THE LOCATION OF USES ALLOWED IN TH!I!S iDi~'STRICT WHICH SHALL REQUIRE A CONDITIONAL USE PERMIT SHALL BE SUBdECT TO SUCH CONDITIONS AS THE GOVERNING BODY DEEMS. NECESSARY TO CARRY OUT THE INTENT OF THIS ORDINANCE; SUCH CONDITIONS SHALL CONFORM WITH THE PROVISIONS SET FORTH IN SECTION 12-7 OF THIS ORDINANCE. ARTICLE 10 - INDUSTRIAL, GENERAL, DISTRICT M...2 STATEMENT OF INTENT THE PRIMARY PURPOSE OF THIS DISTRICT IS TO ESTABLISH AN AREA WHERE THE PRINCIPAL USE OF LAND IS FOR HEAVY COMMERCIAL AND INDUSTRIAL OPERATIONS, WHICH MAY CREATE NUISANCES AND WHICH ARE NOT PROPERLY AS- SOCIATED OR COMPATIBLE WITH RESIDENTIAL~ INSTITUTIONAL, AND NEIGHBORING COMMERCIAL SERVICE ESTABLISH- MENTS. IT I$ THE INTENT TO DISCOURAGE ALL OTHER USES IN THIS DISTRICT AND ENCOURAGE DISCONTINUANCE OF EXISTING USES WHICH WOULD NOT BE PERMITTED AS NEW USES, 10-1. USE REGULATIONS IN INDUSTRIAL DISTRICT I~..1, ANY STRUCTURE OR USE ALLOWED IN INDUSTRIAL DISTRICT M-l, IS PERMITTED ~S WELL AS ANY OF THE FOLLOWING USES: 10-1-1. 10-1-2. 10-1-3. I 0-1 -A. 10-1-5, I 0-1-6. 10-1-7. 10-1-8. 10-1-9, 10-1-10, 10-1-11. 10-1-12. 10-1-13. 10-1 ~l.t,.. I 0-1-15 · 10-1-16. 10-1-17. 1 O-1-18 .= lO-T-19, 10-1-20. 10-1-21. 10-1-22, I 0-1-23. 1 O- 1-2,4.. 10-1-25. 1 o-1-26. 10-2. TRUOK TERMINALS SAND AND GRAVEL OPERATIONS WITH CONDITIONAL USE PERMIT CRUSHED STONE OPERATIONS WITH CONDITIONAL USE PERMIT WOOD PRESERVING OPERATIONS ABATTOIRS ACID MANUFACTURE 0EMENT, LIME, BYPSUM MANUFACTURE FERTILIZER MANUFACTURE PETROLEUM REFINING, INCLUDING BY-PRODUCTS PETROLEUM STORAGE ASPHALT MIXING PLANT SAWMIII.~ AND PLANING MILLS PAPER AND PULP MANUFACTURE BRICK MANUFACTURE BIOLER SHOPS JUNK STORAGE (SCREENED) MEAT, POULTRY AND FISH PROCESSING OFF-STREET PARKING AS REQUIRED BY THIS ORDINANCE PUBLIC UTILITIES CONSERVATION AREAS GAME PRESERVES ACCESSORY USES AS DEFINED BUSINESS SIGNS GENERAL ADVERTISING SIGNS LOCATION SIGNS TRAILERS, INDIVIDUAL REQUIREMENTS FOR PERMITTED USES BEFORE A BUILDING PERMIT SHALL BE ISSUED OR- CONSTRUCTION COMMENCED ON ANY PERMITTED USES IN THIS DISTRICT, OR A PERMIT ISSUED FOR A NEW USE~ THE PLANS, IN SUFFICIENT DETAIL TO SHOW THE OPERATIONS AND PROCESSES SHALL BE SUBMITTED TO THE ZONING ADMINISTRATOR FOR STUDY THE ADMINISTRATOR MAY REFER THESE PLANS TO THE PLANNING COMMISSION FOR THEIR RECOMMENDATION MODIFICATIONS OF THE PLANS MAY BE REQUIRED. 10-2-2. 10-2-3. 10-~-/+. 10-2-5. 10-2-6. 10./+. PERMITTED USES SHALL BE CONDUCTED WHOLLY WITHIN A COMPLETELY ENCLOSED BUILDING OR WITHIN Ak AREA ENCLOSED ON ALL SIDES BY A SOLID MASONRY WALL, A UNIFORMLY PAINTED SOLID BOARD FENCE, OR BY AN EVERGREEN HEDGE SlX (6) FEET IN HEIGHT. PUBLIC UTILITIES AND SIGNS REQUIRING NATURAL AIR CIRCULATION, UNOBSTRUCTED VIEW, OR OTHER TECHBICAL CONSIDERATION NECESSARY FOR PROPER OPERATION MAY BE EXEMPT FROM THIS PROVISION. THiS EXCEPTION DOES NOT INCLUDE STORIN OF ANY MATERIALS. No LANDSCAPING SHALL BE ALLOWED IN ANY MANNER THAT WILL TEND TO CREATE TRAFFIC HAZARDS. SUFFICIENT AREA SHALL BE PROVIDED (1) TO ADEQUATELY SCREEN PERMITTED USES FROM ADGACENT BUSINESS AND RESIDENTIAL DISTRICTS AND (2) FOR OFF-STREET PARKING OF VEHICLES INCIDENTAL TO THE INDUSTRY, ITS EMPLOYEES AND CLIENTS. AUTOMOBILE GRAVEYARDS AND dUNKYARDS IN EXISTENCE AT THE TIME OF THE ADOPTION OF THIS ORDI- NANCE ARE TO BE CONSIDERED AS NONCONFORMING USES. THEY SHALL BE ALLOWED UP TO THREE (3) YEARS AFTER ADOPTION OF THIS ORDINANCE IN WHICH TO COMPLETELY SCREEN~ ON ANY SIDE OPEN TO VIEW FROM A PUBLIC ROAD, THE OPERATION OR USE BY A MASONRY WALL, A UNIFORMLY PAINTED SOLID BOARD FENCE~ OR AN EVERGREEN HEDGE SIX (6) FEET IN HEIGHT. THE ADMINISTRATOR SHALL ACT ON ANY APPLICATION RECEIVED WITHIN THIRTY (30) DAYS AFTER RE- CEIVING THE APPLICATION. ~F FORMAL NOTICE IN WRITING IS GIVEN TO THE APPLICANT, THE TIME FOR ACTION MAY BE EXTENDED FOR A TEN (10) DAY PERIOD. FAILURE ON THE PART OF THE ADMINIS- TRATOR TO ACT ON THE APPLICATION WITHIN THE ESTABLISHED TIME LIMIT SHALL BE DEEMED TO CONSTITUTE APPROVAL OF THE APPLICATION. AREA REGULATIONS FOR PERMITTED UTILIZING SEWAGE AND/OR WASTE DISPOSAL SYSTEMSI THE REQUIRED AREA FOR ANY SUC USE SHALL BE APPROVED BY THE HEALTH OFFICIAL'. THE ADMINISTRATOR MAY REQUIRE A GREATER AREA IF CONSIDERED NECESSARY BY THE HEALTH OFFICIAL. SETBACK REGULATIONS BUILDINGS SHALL BE LOCATED TEN (1) FEET OR MORE FROM ANY STREET RIGHT OF WAY WHICH IS FIFTY (50) FEET OR GREATER IN WIDTH, OR THIRTY--FIVE (35) FEET OR MORE FROM THE CENTER LINE OF ANY STREET RIGHT OF WAY LESS THAN FIFTY (50) FEET IN WIDTH, EXCEPT THAT SIGNS ADVERTISING SALE OR RENT OF PREMISES MAY BE ERECTED UP TO THE PROPERTY LINE. THIS SHALL BE KNOWN AS THE "SETBACK LINE". 10-5. FRONTAGE AND YARD REGULATIONS NEAREST EXTERIOR WALL TO THE BOUNDARY OF THE RESIDENTIAL DISTRICTS. SUCH SUFFER AREA SHALL INCLUDI ADEQUATE EVERGREEN GROWTH TO SHIELD SUCH BUILDING OR BUILDINGS FROM NORMAL VIEW FROM SUCH DISTRICT. 10-6. COVERAGE REGULATIONS BUILDINGS OR GROUPS OF BUILDINGS WITH THE ACCESSSORY BUILDINGS MAY COVER NOT MORE THAN SEVENTY (70) PERCENT OF THE AREA OF THE LOT. 10-7. PERMITS 10-?-1. BUILDINGS OR STRUCTURES SHALL BE STARTED, RECONSTRUCTED~ ENLARGED OR ALTERED ONLY AFTER A PERMIT HAS BEEN OBTAINED FROM THE ADMINISTRATOR. 10-7-2. 10-7-3. THE COMMISSION MAY REQUEST A REVIEW OF THE PERMIT ISSUED OY THE ADMINISTRATOR IN ORDER TO DETERMINE IF THE CONTEMPLATED USE IS IN ACCORDANCE WITH PROVISIONS APPLYING TO THE DIS- TRICT IN WHICH THE CONSTRUCTION LIES. EACH APPLICATION FOR A PERMIT SHALL BE ACCOMPANIED BY TWO (2) COPIES OF A DRAWING CONTAIN- ING THE FOLLOWING INFORMATION= (A) THE SIZE AND SHAPE OF BBE PARCEL OF LAND ON WHICH THE PROPOSED BUILDING IS TO BE CONSTRUCTED. (B) THE NATURE OF THE PROPOSED USE OF THE BUILDING OR LAND. (C) THE LOCATION OF SUCH BUILDING OR USE WITH RESPECT TO THE PROPERTY LINES OF SAID PARCEl OF LAND AND WITH RESPECT TO THE RIGHT OF WAY OF ANY STREET OR HIGHWAY ADdOINING SAID PARCEl OF LAND. (D) ANY OTHER INFORMATION WHICH THE ADMINISTRATOR MAY DEEM NECESSARY TO EVIDENOE CON- FORMITY WITH THE PROVISIONS OF THIS ORDINANCE. SUCH DRAWING NEED NOT BE MADE BY A CERTIFIED ENGINEER OR SURVEYOR. IF THE PROPOSED BUILD-- lNG OR USE IS IN CONFORMITY WITH THE PROVISIONS OF THIS ORDINANCE~ A PERMIT SHALL BE ISSUE; TO THE ~PLICANT BY THE ADMINISTRATOR. ONE COPY OF THE DRAWING SHALL BE RETURNED TO THE A~PLICANT WITH THE PERMIT. 10-8. CERTIFICATE OF OCCUPANCY A CERTIFICATE OF OCCUPANCY SHALL BE OBTAINED BEFORE T~E USE OF LAND oR BUILDINGS MAY BE CHANGED OR A BUILDING MAY BE STRUCTURALLY ALTERED. WHEN SUCH PERMIT. IS GRANTED BY THE ADMINISTRATOR~ IT SHALL STATE THAT THE BUILDING OR PROPOSED USE COMPLIES WITH THE PROVISIONS OF THIS ORDINANCE. A SIMILAR CERTIFICATE SHALL BE ISSUED FOR THE PUEPOSE OF RENEWING~ CHANGING~ OR ALTERING A NONCONFORMING USE. WHEN AN APPLICATION FOR ZONING PERMIT IS MADE~ A CERTIFICATE OF OCCUPANCY SHALL BE APPLIED FOR CONCURRENTLY. 10-9. CONDITIONAL USE PERMIT THE LOCATION OF USES ALLOWED IN THIS DISTRICT WHICH SHALL REQUIRE A 0ONDITIONAL USE PERMIT SHALL BE SUBdECT TO SUCH CONDITIONS AS THE GOVERNING BODY DEEMS NECESSARY TO CARRY OUT THE INTENT OF THIS ORDINANCE. SUCH CONDITIONS SHALL CONFORM WITH PROVISIONS SET FORTH IN SECTION 12-7 OF THIS ORDINANCE. _ ABTIOLE 11 - NONCONFORMING-USES AND STRUCTURES 11-1. CONTINUATION : 11-1-1. ANY ACTIVITY WHICH IS BEING PURSUED LEGALLY AT THE TIME OF THE ENACTMENT OF THIS ORDINANCE ANY USE OF ANY LOT OR STRUCTURE WHICH IS LEGAL AT SUCH TIME BUT WHICH BECAUSE OF MANNER OF USE OR PURPOSE DOES NOT CONFORM TO THE PROVISIONS OF THIS ORDINANCE~ MAY BE CONTINUED AS HEREIN PROVIDED~ EXCEPT THAT ADVERTISING STRUCTURES WHICH BECOME NONCONFORMING BECAUSEE OF A RE-ZONING MUST BE REMOVED WITHIN THIRTY-SlX (~6) MONTHS. 11-1-2. 1 1-1-3. IF THERE OCCURS ANY CHANGE IN TITLE~ POSSESSION OR RENEWAL OF A LEASE OF ANY SUCH LOT OR STRUCTURE~ THE USE EXISTING MAY BE CONTINUED. ANY AOTIVITY~ PERMANENT OR SEASONAL~ NONCONFORMING TO THE PROVISIONS CE THIS ORDINANCE~ IS PRESUMED TO BE ABANDONED IF THE PROPERTY IS NON-INCOME PRODUCING TO THE FEE SIMPLE TITLE HOLDER FOR A PERIOD OF THANE (~) YEARS~ AND ANY SUBSEQUENT USE SHALL CONFORM TO THE RE- QUIREMENTS OF THIS ORDINANCE. 11-1-4. WHENEVER A NONCONFORMING LOT~ STRUCTURE~ OR ACTIVITY HAS BEEN CHANGED TO A MORE LIMITED NONCONFORMING USE~ SUCH EXISTING USE MAY BE CHANGED ONLY TO AN EVEN MORE LIMITED USE. 11-2. PERMITS 1 1-2-1. A PERMIT AND A CERTIFICATE OF OCCUPANCY SHALL BE OBTAINED FOR EACH NONCONFORMING USE WITH- IN SIXTY (60) DAYS AFTER THE ADOPTION OF THIS ORDINANCE. 1 1-2-2 SUCH ~RMITS SHALL BE ISSUED PROMPTLY UPON THE WRITTEN REQUEST OF THE OWNER OR OPERATOR RESPONSIBLE FOR A NONCONFORMING USE. 11-2-3. THE CONSTRUCTION OR USE OF A NONCONFORMING BUILDING OR THE USE OF LAND AREA FOR WHICH A BUILDING PERMIT WAS ISSUED LEGALLY PRIOR TO THE ADOPTION OF THIS ORDINANCE MAY PROCEED~ PROVIDED SUCH BUILDING IS COMPLETED WITHIN TWO (2) YEARS OR SUCH USE OF LAND IS ESTAB- LISHED WITHIN THIRTY (~0) DAYS AFTER THE EFFECTIVE DATE OF THIS ORDINANCE. 1 1-3. REPAIRS AND MAINTENANCE ON ANY BUILDING DEVOTED IN WHOLE OR IN PART To'Ny NONCONFORMING USE~ WORK MAY BE DONE ON ORDINARY REPAIRS OR ON REPAIR OR REPLACEMENT OF NON-BEARING WALLS~ FIXTURES~ W~RfNG OR PLUMBING~ TO SUCH EXTENT THAT THE STRUCTURE IS KEPT IN A USABLE CONDITION. NOTHING IN THIS ORDINANCE SHALL BE DEEMED TO PREVENT THE STRENGTHENING OR RESTORING TO A SAFE CONDITION OF ANY STRUCTURE OR PART THERDF DECLARED TO BE UNSAFE BY ANY OFFICIAL CHARGED WITH PROMOTING PUBLIC SAFETY~ UPON OR9ER OF SUCH OFFICIAL. 11-5. 11-5-1. tl-5-2. 11-6. 11-7. 11=?-1. 11-7-2. 11-7-3. 11-7-4. 11~7-5. 12-1. 12-2. 12-3. la-3-1. 12-3-2. la-3-3. 12-3-4. 12-3-5. 12-3-6. 12-3-7. 12-3-8. 12-3-9. 12-3-10. WHENEVER THE BOUNDARIES OF A DISTRICT ~E CHANGED~ ANY USES OF LAND OR BUILDINGS WHICH BE- COME NONCONFORMING AS A RESULT OF SUCH CHANGE SHALL BECOME SUBdECT TO' THE PROVISIONS OF THIS ARTICLE. EXPANSION AND ENLARGEMENT OF STRUCTURES ANY EXTENSION OR ENLARGEMENT OF A NONCONFORMING STRUCTURE SHALL BE IN CONFORMITY WITH THE PROVISIONS OF THIS ORDINANCE; PROVlDED~ HOWEVER~ THAT A NONCONFORMING STRUCTURE MAY BE ENLARGED IN GROUND FLOOR SPACE IN AN AMOUNT NOT EXCEEDING THIRTY (30) PERCENT OF THE GROUN~ FLOOR SPACE EXISTING AT THE TIME OF THE ADOPTION ~ THIS ORDINANCE. A NONCONFORMING ACTIVITY MAY BE EXTENDED THROUGHOUT ANY PART OF A STRUCTURE WHICH WAS ARRANGED OR DESIGNED FOR SUCH ACTIVITY AT THE TIME OF ENACTMENT OF THIS ORDINANCE. NONCONFORMING LOTS ANY LOT OF RECORD AT THE TIME OF THE ADOPTION OF THIS ORDINANCE WHICH IS LESS IN AREA OR WIDTH THAN THE MINIMUM REQUIRED BY THIS ORDINANCE MAY BE USED WHEN THE REQUIREMENTS OF THE BOARD OF ZONING AFFEALS REGARDING SETBAOKS~ SIDE AND REAR YARDS ARE MET. RESTORATION AND REPLACEMENT IF A NONCONFORMING 8USINESS~ ENTERPRISE~ OR ACTIVITY t8 DESTROYED, DAMAGED~ OR OTHERWISE MADE INOPERABLE IN ANY MANNER TO THE EXTENT THAT THE COST OF REPLACEMENT OR RESTORATION TO ITS CONDITION BEFORE THE OCCURANCE SHALL EXCEED SEVENTY-FIVE PERCENT (75%) OF THE COST OF REPLACEMENT OR RECONSTRUCTION OF THE ENTIRE BUSINESS, ENTERPRISE~ OR ACTIVITY, IT SHALL BE RESTORED ONLY IN COMPLIANCE WITH THE REQUIREMENTS OF THIS ORDINANCE. IF A NONCONFORMING STRUCTURE IS DESTROYED OR DAMAGED IN ANY MANNER TO THE EXTENT THAT THE COST OF RESTORATION TO I~ CONDITION BEFORE THE OCCURANCE SHALL EXCEED SEVENTY-FIVE ~RCENT (75%) OF THE COST OF CONSTRUCTING THE ENTIRE STRUCTURE~ IT SHALt~E RESTORED ONLY IN COM- PLIANCE WITH THE REQUIREMENTS OF THIS ORDINANCE. WHEN A NONCONFORMING BUSINESS~ ENTERPRISE, OR ~HER ACTIVITY OR A NONCONFORMING STRUCTURE IS DAMAGED LESS THAN SEVENTY-FIVE PERCENT (?5%) OF THE COST OF REPLAOING~ RECONSTRUCTING OR RESTORING THE ENTIRE BUSINESS) ENTERPRISEj ACTIVITY OR STRUOTURE~ IT MAY BE REPLACED, REPAIRED OR RESTORED; PROVlDED~ HOWEVERj ANY SUCH REPLACEMENT~ REPAIR OR RESTORATION IS STARTED WITHIN TWELVE (12) MONTHS AND COMPLETED WITHIN TWO (2) YEARS FROM THE DATE OF PARTIAL DESCTRUCTION. ONLY THE COST OF THE STRUCTURE SHALL BE INCLUDED IN THE DETERMINATION OF COST OF RESTORA- TION FOR ANY STRUCTURE OR ACTIVITY DEVOTED TO A NONCONFORMING USE. IF A NONCONFORMING STRUCTURE BE A RESIDENCE OR A FARM STR~CTURE~ A SIMILAR STRUCTURE MAY BE REBUILT REGARDLESS OF THE PERCENTAGE OF DESTRUCTION. ARTICLE 12 - GENERAL PROVISIONS USES 'NOT'PROVIDF~ FOR IN IF/ANY DISTRICT ESTABLISHED UNDER THIS ORDINANCE, A USE IS NOT SPECIFICALLY PERMITTE~, AND AN APPLICATION IS MADE BY A PROPERTY OWNER OR HIS DESIGNATED REPRESENTATIVE TO THE ADMINIS- TRATOR FOR SUCH USE~ THE ADMINISTRATOR SHALL REFER THE APPLICATION TO THE PLANNING COMMIS- SION WHICH SHALL MAKE ITS RECOMMENDATIONS TO THE GOVERNING BODY WITHIN THIRTY (30) DAYS. IF~THE APPLICATION IS APPROVED BY THE GOVERNING BODY~ THE ORDINANCE SHALL BE AMENDED TO LIST THAT USE AS A PERMITTED USE IN THAT DISTRICT ~ENCEFORTHo ~IDENING OF HIGHWAYS AND STREETS WHENEVER THERE SHALL BE PLANS IN EXISTENCE~ APPROVED BY EITHER THE STATE DEPARTMENT OF HIG~ WAYS OR BY THE GOVERNING BODY FOR THE WIDENING OF ANY STREET OR HIGHWAY) THE COMMISSION MAY RECOMMEND ADDITIONAL FRONT YARD SETBACKS FOR ANY NEW CONSTRUCTION OR FOR ANY STRUCTURES ALTERED OR REMODELED ADdACENT TO THE FUTURE PLANNED RIGHT OF WAY IN ORDER TO PRESERVE AND PROTECT THE RIGHT OF WAY FOR SUCH PROPOSED STREET OR HIGHWAY WIDENING. MINIMUM OFF-STREET PARKING IN ALL DISTRICTS EXCEPT AGRICULTURAL GENERAL DISTRICT A-2~ OFF-STREET PARKING I<SHALL BE PROVIDED FOR STANDARD SIZE AUTOMOBILES AS FOLLOWS: FOR EACH DWELLING UNIT IN A NEW BUILDING OR EACH DWELLING UNIT ADDED IN THE CASE OF EN- LARGEMENT OF AN EXISTING BUILDING, ONE (1) PARKING SPACE. FOR TOURIST HOMES, MOTELS~ TOURIST COURTS, MOTEL HOTELS~ AND APARTMENT MOTELS~ ONE (1) PARKING SPACE FOR EACH INDIVIDUAL SLEEPING ROOM. FOR HOSPITALS, AT LEAST ONE (1) PARKING SPACE FOR EACH TWO (2) BED CAPACITY. FOR DRIVE-IN RESTAURANTS~ AT LEAST TEN (~) SPACES. FOR DENTAI.~ND MEDICAL CLINICS, AT LEAST TEN (10) PARKING SPACES~ WITH THREE (3) ADDITIONAL SPACES FOR EACH DOCTORtS OFFICE IN EXCESS OF THREE. FOR MORTUARIES~ AT LEAST THIRTY (30) PARKING SPACES. FOR LIQUOR STORES~ AT LEAST THIRTY (30) PARKING SPACES. FOR RETAIL STORES SELLING ~IRECT TO THE PUBLtC~ AT LEAST ONE (1) PARKING SPACE FOR EACH ONE.HUNDRED (100) SQUARE FEET OF RETAIL FLOOR SPACE IN THE BUILDING. FOR OTHER COMMERCIAL BUILDINGS NOT LISTED ABOVE HEREAFER ERECTED, CONVERTED, OR STRUCTEUAL- LY ALTERED SHALL PROVIDE ONE (1) PARKING SPACE FOR EACH ONE HUNDRED (100) SQUARE FEET OF BUS, NESS FLOOR SPACE IN THE BUILDING. IN ALL INSTANCES ADEQUATE PROVISION SHALL BE MADE FOR ACCESS TO AND FROM REQUIRED PARKING SPACES. 12-4. 12-5. 12-5-1. 12-5-2. 12-5-3. 12-6. 12-6-1. 12-6-2. 12-6-3. 12-6-4. 12-6-5. 12-6-6. 12-7. 12-'7-1. 13-1. 13-2. PERMANENT TRAILER PARKS THE LOCATION OF TRAILER PARKS IN DISTRICTS SPECIFICALLY ALLOWED BY THIS ORDINANCE SHALL RE- qUIRE IN ADDITION TO A BUILDING PERMIT AND CERTIFICATE OF OCCUPANCY~ A CONDITIONAL USE PERMIT ISSUED BY THE GOVERNING BODY. SUCH PARKS AND THE OPERATORS THEROF SHALL COMPLY WITH THE PROVISIONS OF THE ALBEMARLE COUNTY TRAILER COURT ORDINANCE. TEP;fPORARY TRAILER PARKS CONDITIONAL USE PERMITS FOR TEMPORARY TRAILER PARKS MAY BE ISSUED BY THE GOVERNING BODY~ SUBJECT TO THE FOLLOWING CONDITIONS= THE LOCATION OF A TEMPORARY TRAILER PARK I~IECESSARY FOR THE HOUSING OF WORKERS EM- PLOYED ON AN DNDUSTRIAL~ HIGHWAY OR OTHER PROJECT. THAT THE PARK BE CERTIFIED AS BEING ESSENTIAL BY THE INDUSTRY~ STATE HIGHWAY DEPARTMENT~ OR PERSON~ FIRM~ OR CORPORATION IN CHARGE OF THE PROJECT. THAT PARKS AND THE OPERATORS THEREOF SHALL COMPLY WITH THE PROVISIONS OF THE ALBEMARLE COUNTY TRAILER COURT ORDINBNCE. SPEO I AL EXCEPT IONS THE BOARD OF ZONING APPEALS MAY~ UPON APPLICATION~ GRANT A SPECIAL EXCEPTION TO THE REGU- LATIONS OF THE DISTRICTS SET FORTH IN THIS ORDINANCE; PROVlDED~ HOWEVER~ ALL EXCEPTIONS GRANTED SHALL BY THEIR DESIGN~ CONSTRUCTION~ AND OPERATION ADHERE TO THE FOLLOWING PROVISIONS: SHALL ADEQUATELY SAFEGUARD THE HEALTH~ SAFETY~ AND WELFARE OF THE OCCUPANTS OF ADdOINING AND SURROUNDING PROPERTY. SHALL NOT 'IMPAIR AN ADEQUATE SUPPLY OF LIGHT AND AIR TO ADdACENT PROPERTY. SHALL NOT INCREASE CONGESTION IN THE PUBLIC STREETS NOR DANGER OF FIRE OR OTHER HAZARDS. SHALL NOT DIMINISH OR IMPAIR ESTABLISHED PROPERTY VALUES IN SURROUNDING AREAS. SHALL OBSBRVE THE SPIRIT OF THE ORDINANCE IN SUCH ~NNER THAT SUBSTANTIAL JUSTICE IS DONE. ANY SPECIAL EXCEPTION GRANTED BY THE BOARD OF ZONING APPEALS SHALL BE CONSIDERED CANCELLED IF THE APPLICANT DOES NOT AVAIL HIMSELF OF THE PRIVILEGE WITHIN NINETY (90) DAYS FROM THE DATE OF ISSUANCE OF THE EXCEPTION. CONDITIONAL USE PERMIT No CONDITIONAL USE PERMIT SHALL BE ISSUED BY THE GOVERNING BODY UNTIL A PUBLIC HEARING IS HELD. NOTIFICATION OF SUCH HEARING SHALL BE. POSTED ON THE PROPERTY IN qUESTION BY SIGN NOT LESS THAN EIGHT ($) INCHES BY TWELVE (12) INCHES AND BY NOTICE IN A NEWSPAPER OF GENERAL CIRCULATION IN THE ~.~)UNTY OF ALBEMARLE AT LEAST FIVE (5) AND NOT MORE THAN TEN (10) DAYS PRIOR TO THE HEARING. SUCH NOTICE SHALL GIVE THE TIME AND PLACE OF THE HEARING AND CLEARLY STATE THE USE TO BE MADE OF THE PROPERTY. IN DETERMINING CONDITIONS TO BE tMPOSED~ THE GOVERNING BODY SHALL TAKE INTO CONSIDERATION THE INTENT OF THIS ORDINANCE AND MAY IMPOSE REASONABLE CONDITIONS THAT: (A) ABATE OR RESTRICT NOISE~ SMOKE~ DUST~ OR OTHER ELEMENTS THAT MAY AFFECT SURROUNDING PROPERTY; (B) ESTABLISH SETBACK~ 81DE~ AND FRONT YARD REQUIREMENTS NECESSARY FOR ORDERLY EXPANSION AND TO PREVENT TRAFFIC CONGESTION; (C) PROVIDE FOR ADEQUATE PARKING AND INGRESS AND EGRESS TO PUBLIC STREETS OR ROADS; (D) PROVIDE ADJOINING PROPERTY WITH A BUFFER OR SHIELD ~OM VIEW OF THE PROPOSED USE IF SUCH USE IS CONSIDERED TO BE DETRIMENTAL TO ADJOINING PROPERTY; (D) TEND TO PREVENT SUCH USE FROM CHANGING THE CHARACTER AND ESTABLISHED PATTERN OF DEVELOPMENT OF THE COMMUNITYL ARTICLE 13 - PROVISIONS FOR APPEAL BOARD OF ZONING APPEALS - APPOINTMENT AND POWERS A BCARD OF ZONING APPEALS CONSISTING or FIVE (5) MEMBERS SHALL BE APPOINTED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 15-968.8~ CODE OF VIBGINIA 1950 AS AMENDED~ AND SHALL HAVE SUCH POWERS AND DUTIES AB SET FORTH IN SECTION 15-968,9, CODE OF VIRGINIA 1950 AS AMENDED. ANY MEMBER OF THE BOARD SHALL BE DISQUALIFIED TO ACT UPON A MATTER BEFORE THE BOARD WITH RESPECT TO PROPERTY IN WHICH THE MEMBER HAS AN INTEREST. RULES AND REGULATIONS THE BOARD OF ZONING APPEALS SHALL ADOPT SUCH RULES AND REGULATIONS AS IT MAY DEEM NECESSAR3 TO CARRY OUT THE DUTIES IMPOSED BY THIS ORDINANCE. THE MEETING OF THE BOARD SHALL BE HELD AT THE CALL OF ITS CHAIRMAN OR AT SUCH TIMES AS A qUORUM OF THE BOARD MAY DETERMINE. THE BOARD SHALL CHOOSE ANNUALLY ITS OWN CHAIRMAN AND VICE CHAIRMAN WHO SHALL ACT IN THE ABSENCE OF THE CHAIRMAN. THE CHAIRMAN~ OR~ IN HIS ABSENCE~ THE ACTING CHAIRMAN~ MAY ADMINISTER OATHS AND COMPEL THE ATTENDANCE OF WITNESSES. THE BOARD SHALL KEEP MINUTES OF ITS PRO-- CEEDINGS~ SHOWING THE VOTE OF EACH MEMBER UPON EACH qUESTION~ OR IF ABSENT OR FAILING TO VOTE~ INDICATING SUCH FACT. ALL RECORDS OF OFFICIAL ACTIONS SHALL BECOME PART OF THE PER- MANENT RECORDS OF TH/ BOARD. ALL MEETINGS OF THE BOARD SHALL BE OPEN TO THE PUBLIC. A ~UORUM SHALL BE AT LEAST THREE (3) MEMBERS. A FAVORABLE VOTE OF THREE (3) MEMBERS OF THE BOARD SHALL BE NECESSARY TO REVERSE ANY ORDER~ REqUIREMENT~ DECISION~ OR DETERMINATION OF ANY ADMINISTRATIVE OFFICIAL OR TO DECIDE IN FAVOR OF THE APPLICANT ON ANY MATTER WHICH COMES BEFORE THE BOARD. 13-3. APPEAL TO THE BOARD OF ZONING APPEALS 13-4. 13-4-1. 13-4-2. 13-5. 13-6. 13-6-1, 13-6-2. 13-6-3. 13-6-4. 13-6-5. 14-1 · 14-2. 1 5-1. 16-1. 16-2. APPEAL TO THE BOARD MAY BE TAKEN BY ANY PERSON AGGRIEVED OR BY ANY OFFICER~ DEPARTMENT~ BOARD OR BUREAU OF THE COUNTY AFFECTED BY ANY DECISION OF THE ZONING ADMINISTRATOR. SUCH APPEAL SHALL BE TAKEN WITHIN THIRTY (30) DAYS AFTER THE DECISION APPEALED FROM BY FILING WITH THE ZONING ADMINISTRATOR~ AND WITH THE BOARD~ A NOTICE OF APPEAL SPECIFYING THE GROUNDS THEREOF. THE ZONING ADMINISTRATOR SHALL FORTHWITH TRANSMIT TO THE BOARD ALL THE PAPERS CON- STITUTING THE RECORD UPON WHICH THE ACTION APPEALED FROM WAS TAKEN. AN APPEAL SHALL STAY ALL PROCEEDINGS IN FURTHERANCE OF THE ACTION APPEALED FROM UNLESS THE ZONING ADMINI:STRATOR CERTIFIES TO THE BOARD THAT BY REASON OF FACTS STATED IN THE CERTIF1CATE~ A STAY WOULD IN HIS OPINION~ CAUSE IMMINENT PERIL TO LIFE OR PROPERTY~ IN WHICH CASE PROCEEDINGS SHALL NOT BE STAYED-OTHERWISE THAN BY A RESTRAINING ORDER GRANTED BY THE BOARD OR BY A COURT OF RECORE ON APPLICATION AND ON NOTICE OF THE ZONING ADMINISTRATOR AND-FOR GOOD CAUSE SHOWN. APPEAL PROCEDURE APPEALS SHALL BE MAILED OR PRESENTED TO THE BOARD OF ZONING APPEALS C./O THE ZONING ADMINIS- TRATOR~ AND A COPY OF THE APPEAL MAILED OR PRESENTED TO THE SECRETARY OF THE PLANNING COMMISSION. APPEALS REQUIRING AN' ADVERTISED PUBLIC HEARING SHALL BE ACCOMPANIED BY A TWENTY DOLLAR~; ($20.00) DEPOSIT TO DEFRAY COST THEREOF. PUBLIC HEARING. THE BOARD SHALL FIX A REASONABLE TIME FOR THE HEARING OF AN APPLICATION OR APPEAL~ GiVE PUBLIC NOTICE THEREOF AS WELL AS DUE NOTICE TO THE PARTIES IN INTEREST~ AND DECIDE THE SAME WITHIN SIXTY (60) DAYS. IN EXERCISING frs POWERS~ THE BOARD MAY REVERSE OR AFFIRM~ WHOLLY OR PARTLY~ OR MAY MODIFY THE ORDER~ REqUIREMENT~ DECISION~ OR DETERMINATION APPEALED FROM. THE CONCURRING VOTE OF THREE (3) MEMBERS SHALL BE NECESSARY TO REVERSE ANY ORDER~ REqUIREMENT~ DECISION~ OR DETERMINATION OF AN ADMINISTRATIVE OFFICER OR TO DECIDE IN FAVOR OF THE APPLICANT ON ANY MATTER UPON WHICH IT IS REQUIRED TO PASS UNDER THE ORDINANCE OR TO EFFECT ANY VARIANCE FROM THIS ORDINANCE. DECISION OF BOARD OF ZONING APPEALS. ANY PERSON OR PERSONS dOINTLY OR SEVERALLY AGGREIVED BY ANY DECISION OF THE BOARDOF ZONING APPEALS~ OR ANY TAXPAYER OR ANY OFFICER~ DEPARTMENT~ BOARD~ OR BUREAU OF THE COUNTY ~Y PRESENT TO THE CIRCUIT COURT OF THE COUNTY A PETITION SPECIFYING THE GROUNDS ON WHICH AGBRIEVED WITHIN THIRTY (30) DAYS AFTER THE FILING CE THE DECISION IN THE OFFICE OF THE BOAFD. UPON THE PRESENTATION OF SUCH PETITION~ THE COURT SHALL ALLOW A WRIT OF CERTIORARI TO REVlE~ THE DECISION OF THE BOARD OF ZONING APPEALS AND SHALL PRESCRIBE THEREIN THE TIME WITHIN WHICH A RETURN THERETO MUST BE MADE AND SERVED UPON THE RELATORtS ATTORNEY~ WHICH SHALL NOT BE LESS THA~N TEN (10) DAYS A~D MAY BE EXTENDED BY THE COURT. THE ALLOWANCE OF THE WRIT SHALL NOT STAY PROCEEDINGS UPON THE DECISION APPEALED FROM BUT THE COURT MAY~ ON APPLICATIO~i ON NOTICE ~e THE BOARD AND ON DUE CAUSE SHOWN~ GRANT AFL, RAINING ORDER. THE BOARD OF. ZONING APPEALS SHALL NOT BE REQUIRED TO RETURN THE ORIGINAL PAPERS ACTED UPON BY IT~ BUT .IT SHALL BE SUFFICIENT TO RETURN CERTIFIED OR SWORN COPIES THEREOF OR SUCH PORTIONS THEREOF AS MAY BE CALLED BY SUCH WRIT. THE RETURN SHALL SET FORTH CONCISELY SUCH OTHER FACTS AS MAY BE PERTINENT AND MATERIAL TO SHOW THE GROUNDS OF THE DECISION APPEALED FROM AND SHALL BE VERIFIED. IF, UPON THE ~ARING~ IT SHALL APPEAR TO THE COURT THAT TESTIMONY IS NECESSARY FOR THE PROPEF DISPOSITON OF THE MATTER~ IT MAY TAKE EVIDENCE OR APPOINT A COMMISSIONER TO TAKE SUCH EVI- DENCE AS IT MAY DIRECT AND REPORT THE SAME TO THE COURT WITH HIS FINDINGS OF FACT AND CON~ CLUSI~ON8 OF LAW~ WHICH SHALL CONSTITUTE A PART OF THE PROCEEDINGS UPON WHICH THE DETERMINA- TION OF THE COURT SHALL BE MADE. THE COURT MAY REVERSE OR AFFIRM) WHOLLY OR PARTLY~ OR MAY MODIFY THE DECISION BROUGHT UP FOR REVIEW. COST SHALL NOT BE ALLOWED AGAINST THE BOARD UNLESS-IT SHALL APPEAR TO THE COURT THAT IT ACTED IN BAD FAITH OR WITH MALICE IN MAKING THE DECISION APPEALED FROM. ARTICLE 14 - VIOLATION AND PENALTY ALL DEPARTMENTS~ OFFICIALS~ AND PUBLIC EMPLOYEES OF THIS dURISDIOTION WHICH ARE VESTED W~ THE DUTY OR AUTHORITY TO ISSUE PERMITS OR LICENSES SHALL cONFoRM TO THE' PROVISIONS OF THIS ORDINANCE. THEY SHALL ISSUE PERMITS FOR USES~ BUILDINGS~ OR PURPOSES ONLY WHEN SUCH PERMIT~ ARE IN HARMONY WITH THE PROVISIONS OF THIS ORDINANCE. ANY PERMIT~ IF ISSUED IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE~ SHALL BE NULL AND VOID. ANY PERSON~ FIRM OR CORPORATION~ WHETHER AS PRINCIPAL~ AGENT~ EMPLOYED OR OTHERWISE~ VIOLAT- ING~ CAUSING OR PERMITTING THE VIOLATION OF ANY OF THE PROVISIONS OF THIS ORDINANCE SHALL BE GUILTY OF A MISDEMEANOR AND~ UPON CONVlCTION~ THEREOF~ MAY BE FINED UP TO TWO HUNDRED FIFTY DOLLARS (~250~O0). SUCH PERSON~ FIRM OR CORPORATION SHALL BE DEEMED TO BE GUILTY OF A SEPARATE OFFENSE FOR EACH AND EVERY DAY DURING WHICH ANY PORTION OF ANY VIOLATION OF THIS ORDINANCE IS COMMITTED~ CONTINUED~ OR PERMITTED BY SUCH PERSON~ FIRM~ OR CORPORATION AND SHALL BE PUNISHABLE AS HEREIN PROVIDED. ARTICLE 15 - AMENDMENTS THE REGULATIONS~ RESTRICTIONS~ AND BOUNDARIES ESTABLISHED IN THIS ORDINANCE MAY FROM TIME TO TIME BE AMENDED~ SUPPLEMENTED~ CHANGED~ MODIFIED~ OR REPEALED AS PROVIDED BY THE STATUTE~ OF VlRGINIA~ AS THE SAME NOW PROVIDE OR IS HEREAFTER AMENDED. ARTICLE 16 - ADMINISTRATION AND INTERPRETATION THIS ORDINANCE SHALL BE ENFORCED BY AN ADMINISTRATOR WHO SHALL BE APPOINTED BY ~ E GOVERBIN{ BODY TO SERVE AT ITS PLEASURE. NOTHING CONTAINED HEREIN SHALL REQUIRE ANY CHANGE IN THE PLANS OR CONSTRUCTION OF ANY BUILD- ING OR STRUCTURE FOR WHICH A BUILDING PERMIT WAS GRANTED PRIOR TO THE EFFECTIVE DATE OF THE ORDINANCE. HOWEVER~ SUCH CONSTRUCTION MUST COMMENCE WITHIN THIRTY (30) DAYS AFTER THIS ORDINANCE BECOMES EFFECTIVE. IF CONSTRUCTION IS DISCONTINUED FOR A PERIOD OF SIX (6) MONTHS OR MORE~ FURTHER CONSTRUCTION SHALL BE IN CONFORMITY WITH THE PROVISIONS OF THIS ORDINANCE FOR THE DISTRICT IN WHICH THE OPERATION IS LOCATED· DESCRIBED, AND WHERE UNCERTAINTY EXISTS WITH RESPECT TO THE BOUNDARIES OF ANY OF THE AFORE- SAID DISTRICTS AS SHOWN ON THE ZONING MAP, THE FOLLOWING RULES SHALL APPLY: 16-3-1. WHERE SUCH DISTRICT BOUNDARIES ARE INDICATED AS APPROXIMATELY FOLLOWING OR BEING AT RIGHT ANGLES TO THE CENTER LINES OF STREETS, HIGHWAYS, ALLEYS, OR RAILROAD MAIN TRACKS, SUCH CENTER LINES OR LINES AT RIGHT ANGLES TO SUCH CENTER LINES SHALL BE CONSTRUED TO BE SUCH BOUNDARIES, AS THE CASE MAY BE. 16-3-2. WHERE A DISTRICT BOUNDARY IS iNDICATED TO FOLLOW A RIVER, CREEK, OR BRANCH OR OTHER BODY OF WATER, SAID BOUNDARY SHALL BE CONSTRUED TO FOLLOW THE CENTER LINE AT LOW WATER OR AT THE LIMIT OF THE dURISDICTION, AND IN THE EVENT OF N~.~,URAL CHANGE IN THE SHORELINE, SUCH BOUNDARY SHALL BE CONSTRUED AS MOVING WITH THE ACTUAL SHORELINE. 16-3-3. IF NO DISTANCE, ANGLE, CURVATURE DESCRIPTION OR OTHER MEANS IS GIVEN TO DETERMINE A BOUNDARY LINE ACCURATELY AND THE FOREGOING PROVISIONS DO NOT APPLY, THE SAME SHALL BE DETERMINED BY THE USE OF THE SCALE SHOWN ON SAID ZONING MAP. IN CASE OF SUBSEQUENT DISPUTE, THE MATTER SHALL BE REFERRED TO THE BOARD OF ZONING APPEALS WHICH SHALL DETERMINE THE BOUNDARY. ARTICLE 17 - DEFINITIONS FOR THE PURPOSE OF THIS ORDINANCE, CERTAIN WORDS AND TERMS ARE DEFINED AS FOLLOWS= WORDS USED IN THE PRESENT TENSE INCLUDE THE FUTURE. WORDS IN THE SINGULAR INCLUDE THE PLURAL, AND 'THE PLURAL INCLUDES THE SINGULAR. 17-1 ABATTOIR: A COMMERCIAL SEAUGHTER HOUSE. 17-2. ACCESSORY USE OR STRUCTURE: A SUBORDINATE USE OR STRUCTURE CUSTOMARILY INCIDENTAL TO AND LOCATED UPON THE SAME LOT OCCUPIED BY THE MAIN USE OR BUILDING. 17-3, ACREAGE: A PARCEL OF LAND, REGARDLESS OF AREA, DESCRIBED BY METES AND~BOUNDS WHICH IS NOT A NUMBERED LOT ON ANY RECORDED SUBDIVISON PLAT. 17-4. ADMINISTRATOR, THE: THE OFFICIAL CHARGED BY THE GOVERNING BODY WITH THE ENFORCEMENT OF THE ZONING ORDINANCE. 17-5. AGRICULTURE: THE TILLING OF THE SOIL, THE RAISING OF CROPS, HORTICULTURE, FORESTRY, AND GARDENING, INCLUDING THE KEEPING OF ANIMALS AND FOWL, AND INCLUDING ANY AGRICULTUR[L INDUSTRY OR BUSINESS, SUCH AS FRUIT PACKING PLANTS, DAIRIES OR SIMILAR USE. 17-6. ALLEY: A THOROUGHFARE WHICH AFFORDS ONLY SECONDARY MEANS OF ACCESS TO ABUTTING PROPERTY. 17-7. 17-8. ALTERATION= iANY CHANGE IN THE TOTAL FLOOR AREA, USE OR EX[EBNAL APPEARANCE OF AN EXISTING STRUCTURE. APARTMENT HOUSE: A BUILDING USED OR INTENDED TO BE USED AS THE RESIDENCE OF THREE (3) OR MORE FAMILIES OR INDIVIDUALS LIVING INDEPENDENTLY OF EACH OTHER. 17-9. AUTOMC)BILE GRAVEYARD: ANY LOT OR PLACE WHICH IS EXPOSED TO THE WEATHER UPON WHICH MORE THA FIVE (5) MOTOR VEHICLES OF ANY KIND, INCAPABLE OF BEING OPERATED, ARE PLACED. 17-10. 17-11. BASEMENT: (SEE CELLAR~ BOARDING HOUSE: A BUILDING WHERE, FOR COMPENSATION, LODGING AND MEALS ARE PROVIDED FOR AT LEAST FIVE (5~ AND UP TO FOURTEEN (14) PERSONS. 17~11A. BOAT MARINA: A PLACE, ESTABLISHMENT OR LOCATION USED FOR THE SALE, STORAGE~ SERVICE, OR DOCKING OF BOATS AND APPURTENANCES. 17-12. BUILDING: ANY STRUCTURE HAVING A ROOF SUPPORTED BY COLUMNS OR WALLS, FOR THE HOUSING OR ENCLOSURE OF PERSONS, ANIMALS, OR CHATTELS. 17-13. BUILDING, ACCESSORY: A SUBORDINATE STRUCTURE CUSTOMARILY INCIDENTAL TO AND LOCATED UPON THE SAME LOT OCCUPIED BY THE MAIN STRUCTURE. NO SUCH ACCESSORY STRUCTURESSHALL BE USED FOR HOUSEKEEPING PURPOSES. 17-14. BUILDING, HEIGHT OF: THE VERTICAL DISTANCE MEASURED FROM THE LEVEL OF THE CURB OR THE ES- CURB GRADE OPPOSITE THE MIDDLE OF THE FRONT OF TH/ STRUCTURE TO THE HIGHEST POINT OF THE ROOF IF A FLAT ROOF; TO THE DECK LINE OF A MANSARD ROOF; OR TO THE MEAN HEIGHT LEVEL BETWEE~ TH/ EAVES AND RIDGE OF A GABLE, HIP, OR GAMBREL ROOF. FOR BUILDINGS SET BACK FROM THE STR/E .LINE, THE HEIGHT SHALL BE MEASURED FROM THE AVERAGE ELEVATION OF THE GROUND SURFACE ALONG THE FRONT OF THE BUILDING. 17-15. 17-16. 17-17. 17-18. 17-19. 17-20. 17-21. 17-22. 17-23. BUILDING, MAIN= THE PRINCIPAL STRUCTURE OR ONE OF THE PRINCIPAL BUILDINGS.ON A LOT, OR THE BUILDING OR ONE OF THE PRINCIPAL BUILDINGS HOUSING THE PRINCIPAL USE ON THE LOT. BUSINESS FLOOR SPACE= THE FLOOR SPACE USED FOR DISPAY, STORAGE~ OR OPERATION BY A BUSINESS FIRM, ENTERPRISE, OR ACTIVITY WHETHER FBEQUENTED BY THE PUBLIC OR NOT. CELLAR OR BASEMENT= A STORY HAVING MORE THAN ONE-HALF (1/2) OF ITS HEIGHT BELOW GRADE AND WHICH MAY NOT BE OCCUPIED FOR DWELLING PURPOSES. CEMETERY= A PRIVATELY OR CHURCH OWNED AND/OR OPERATED PLACE FOR BURIAL OF THE DEAD WHERE LOTS ARE SOLD AND PERPETUAL CARE OF THE GRAVES IS FURNISHE~o COMMISSION, THE: THE PLANNING COMMISSION OF ALBEMARLE COUNTY, VIRGINIA. DAIRY: A COMMERCIAL ESTABLISHMENT.FOR THE PROCESSING AND SALE OF DAIRY PRODUCTS. DISTRICT: DISTRICTS AS REFERRED TO IN SECTION 15-968, CODE OF VIRGINIA 1950 AS AMENDED. D~ELLING= ANY STRUCTURE WHICH IS DESIGNED FOR USE FOR RESIDENTIAL PURPOSES, EXCEPT HOTELS, BOARDING HOUSES, LODGING HOUSES, TOURIST CABINS, APARTMENTS, AND AUTOMOBILE TRAILERS. DWELLING, MULTIPLE-FAMILY= A STRUCTURE ARRANGED OR ~ESIGNED TO BE OCCUPIED BY MORE THAN ONE (1) FAMILY, OR INDIVIDUALS LIVING INDE~ NDENTLY OF EACH OTHER. ~ I1~ T~-FAMII ¥~ A ~TRUCTURE ARRANGED OR DESIGNED TO BE OCCUPIED BY TWO (2) FAMILIES, 17-25. 17-26 o 17-27. t 7-28 17¢--29. 17-30. 17--31. 17-32. 17=33. 17-34 o 17-35. 1 ~-36. 17-37 17-38. 17-39 · 17-41. 17-42 · 17-43. 17-44. 17-45. 17-46. 17-47. 17-48. 17-49. 17-5O. 17-51. DWELLING, SINGLE-FAMILY: A STRUCTURE' ARRANGED OR DESIGNED TO BE OCCUPIED BY ONE (1) FAMILY, THE STRUCTURE HAVING ONLY ONE (1) DWELLING UNIT. DWELLING UNIT: ONE OR MORE ROOMS IN A DWELLING DESIGNED FOR LIVING OR SLEEPING PURPOSES. DUMP HEAB (TRASH PILE): ANY AREA OF ONE HUNDRED (100) SQUARE FEET OR MORE LYING WITHIN ONE THOUSAND (1~000) FEET OF A STATE HIGHWAY, A RESIDENCE, A DAIRY BARN, OR FOOD HANDLING ES- TABLISHMENT, WHERE TRASH, GARBAGE OR OTHER WASTE OR SCRAP MATERIAL IS UNLAWFUULY DUMPED OR DEPOSITED WITHOUT BEING COVERED BY A SANITARY FILL. FAMILY: ONE OR MORE PERSONS OCCUPYING A PREMISE AND LIVING IN A $1BGLE DWELLING UNIT, AS DISTINGUISHED FROM AN UNRELATED GROUP OCCUPYING A BOARD NG HOUSE, LODGE HOUSE, TOURISE HOME OR MOTEL· FRONTAGE: THE MINIMUM WIDTH OF A LOT MEASURED FROM ONE SIDE LINE TO THE OTHER ALONG A STRAIGHT LINE ON WHICH NO POINT SHALL BE FARTHER AWAY FROM THE STREET UPON WHICH THE LOT FRONTS THAN THE BUILDING SETBACK LINE AS BEFINED AND REQUIRED HEREIN. GARAGE, PRIVATE: ACCESSORY BUILDING DESIGNED OR USED FOR THE STORAGE OF AUTOMOBILES OWNED A~D USED BY THE OCCUPANTS OF THE BUILDING TO WHICH It IS ACCESSORY. GARAGE, PUBLIC: A BUILDING OR PORTION THEROF, OTHER THAN A PRIVATE GARAGE, DESIGNED OR USE] FOR SERVICING, REPAIRING~ EQUIPPING, RENTING, SELLING~ OR STORING MOTOR-DRIVEN VEHICLES· GENERAL STORE, COUNTRY: A SINGLE STORE, WHICH OFFERS FOR SALE PRIMARILY MOST or THE FOLLOW- iNG ARTICLES: BREAD, MILK, CHEESE, CANNED AND BOTTLED FOODS AND DRINKS, TOBACCO PRODUCTS, CANDY, PAPERS AND MAGAZlNES~ AND GENERAL HARDWARE ARTICLES. GASOLINE MAY ALSO BE OFFERED FOR SALE BUT ONLY AS A SECONDARY ACTIVITY OF A COUNTRY GENERAL STORE. GOLF COURSE: ANY GOLF COURSE, PUBLICLY OR PRIVATELY OWNED~ ON WHICH THE GAME OF GOLF IS PLAYED, INCLUDING ACCESSORY USES AND BUILDINGS CUSTOMARY THERETO, BUT EXCLUDING GOLF DRIVING RANGES AS DEFINED HEREIN. GOLF DRIVING RANGE= A LIMITED AREA ON WHICH GOLF PLAYERS DRIVE GOLF BALLS FROM A CENTRAL DRIVING GOVERNING BODY: THE GOVERNING BODY OF ALBEMARLE COUNTY, VIRGINIA. GRAVEYARD: A PLACE FOR BURIAL OF THE DEAD, WHICH HAS BEEN SET ASIDE AND MAINTAINED BY A FAMILY, CONSI~ING OF ONE OR MORE GRAVES. GUEST ROOM: A ROOM WHICH IS INTENDED, ARRANGED, OR DESIGNED TO BE OCCUPIED, OR WHICH IS OCCUPIED~ BY ONE OR MORE GUESTS PAYING DIRECT OR INDIRECT COMPENSATION THEREFOR, BUT IN WHICH NO PROVISION IS MADE FOR COOKING. DORMITORIES ARE EXCLUDED. HISTORICAL AREA= As DEFINED ON THE ZONING MAP IN WHICH THE PROVISIONS OF THE ORDINANCE APPLY FOR PROTECTION OF A HISTORICAL HERITAGE. HOG FARM, COMMERCIAL: A FARM WHERE THE PRIMARY ACTIVITY IS THE KEEPING, FEEDtNG~ AND RAI.81NG OF HOGS FOR SALE OR RESALE. HOME GARDEN: A GARDEN IN A RESIDENTIAL DISTRICT FOR THE PRODUCTION OF VEGETABLES, FRUITS~ AND FLOWERS GENERALLY FOR USE AND/OR CONSUMPTION BY THE OCCUPANTS OF THE PREMISES. HOME OCCUPATION: AN OCCUPATION CARRIED ON BY THE OCCUPANT OF A DWELLING AS A SECONDARY USE IN CONNECTION WITH WHICH THERE IS NO DISPLAY, AND NOT MORE THAN TWO (2) ARE-EMPLOYED OTHER THAN MEMBERS OF THE FAMILY RESIDING ON THE PREMISES, SUCH AS THE' RENTAL OF ROOMS TO TOUR~ST~ THE PREPARATION OF FOOD PRODUCTS FOR SALE, AND SIMILAR ACTIVITIES. PROFESSIONAL OFFICES SUCH AS REAL ESTATE~ INSURANCE, MEDICAL, DENTAL~ LEGAL, ENGINEERING, AND ARCHITECTURAL OFFICES CONDUCTED WITHIN A DWELLING BY THE OCCUPANT SHALL BE CONSIDERED HOME OCCUPATION· HOSPITAL= AN INSTITUTION RENDERING MEDICAL, SURGICAL, OBSTETRICAL, OR CONVALESCENT CARE~ INCLUDING NURSING HOMES, HOMES FOR THE AGED, AND SANATORIUMS. HOSPITAL-SPECIAL CARE= A SPECIAL CARE HOSPITAL SHALL MEAN AN INSTITUTION RENDERING CARE PRIMARILY FOR MENTAL OR FEEBLE-MINDED PATIENTS, ALCOHOLICS, OR DRUG ADDICTS. HOTEL: A BUILDING DESIGNED OR OCCUPIED AS THE ABIDING PLACE FOR FOURTEEN (14) OR MORE INDIVIDUALS WHO ARE, FOR COMPENSATION LODGED~ WITH OR WITHOUT MEALS~ AND IN WHICH PROVISlON~ ARE NOT GENERALLY MADE FOR COOKING IN INDIVIDUAL ROOMS OR SUITES. dUNK YARD: THE USE OF ANY AREA or LAND LYING WITHIN ONE HUNDRED (100) FEET OF A STATE HIGH- WAY OR THE USE OF MORE THAN TWO HUNDRED (200) SQUARE FEET OF LAND AREA IN ANY LOGATION FOR THE STORAGE, KEEPING~ ABANDONMENT OF dUNK INCLUDING 8CRAP METALS OR OTHER SCRAP MATERIALS. THE TERM "dUNK YARD" SHALL INCLUDE THE TERM ~AUTOMOBILE GRAVEYARD", SECTION ~3, CODE OF VIRGINIA 1950 AS AMENDED. EENNEL: A PLACE PREPARED TO HOUSE, BOARD, BREED~ HANDLE, OR OTHERWISE KEEP OR CARE FOR SMALL ANIMALS FOR SALE OR IN RETURN FOR COMPENSATION. LIVESTOCK MARKET: A COMMERCIAL ESTABLISHMENT WHEREIN LIVESTOCK IS COLLECTED FOR SALE AND AUCTIONED OFF· LOT: A PARCEL OF LAND OCCUPIED OR TO BE OCCUPIED BY A MAIN STRUCTURE OR GROUP OF MAIN STRUCTURES AND ACCESSORY STRUCTURES~ TOGETHER WITH SUCH YARDS, OPEN SPACES, LOT WIDTH AND LOT AREAS AS ARE REQUIRED BY THIS ORDINANCE, AND HAVING FRONTAGE UPON A STREET, EITHER ~OWN ON A PLAT OF RECORD OR CONSIDERED AS A UNIT OF PROPERTY AND DESCRIBED BY METES AND BOUNDS. LOT, CORNER: A LOT ABUTTING ON TWO (2) OR MORE STREETS AT THEIR INTERSECTION· OF THE TWO (2) SIDES OF A CORNER LOT~ THE FRONT SHALL BE DEEMED TO BE THE SHORTER OF THE TWO (2) SIDES FRONTING ON STREETS. LOT, DEPTH OF: THE AVERAGE HORIZONTAL DISTANCE BETWEEN THE FRONT AND REAR LOT LINES. LOT, DOUBLE FRONTAGE: AN INTERIOR LOT HAVING FRONTAGE ON TWO (2) STREETS. 17-53. 17-54. 17-55. 17-56. 17-57. 17-58. 17-59. 17-60. 17-¢1. 17v62. 17-63, 17-64. 17-65. 17-66. 17-67. 17-68. 17-69. 17-70. 17-71. 17-72. 17-72-2. 17-72-3. 17-72~4. 17-72-5. ?7-73. LOT,'WlDTH OF: THE AVERAGE HORIZONTAL DISTANCE BETWEEN SIDE LOT LINES. LOT OF RECORD: A LOT WHICH HAS BEEN RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT. MANUFACTURE AND/OR MANUFACTURING: THE PROCESSING AND/OR CONVERTING OF RAW, UNFINISHED MATERIALS, OR PRODUCTS OR EITHER OF THEM INTO ARTICLES OR SUBSTANCES OF DIFFERENT CHARACTER, OR FOR USE FOR A DIFFERENT PURPOSE. MOBILE HOME: (SEE TRAILERS). MOBILE HOME PARK OR SUBDIVISION: (SEE 'TRAILER PARK). NONCONFORMING LOT: AN OTHERWISE LEGALLY PLATTED LOT THAT DOES NOT CONFORM TO THE MINIMUM AREA OR WIDTH REQUIREMENTS OF THIS ORDINANCE FOR THE DISTRIOT IN WHICH IT IS LOCATED EITHER AT THE EFFECTIVE DATE OF THIS ORDINANCE OR AS A RESULT OF SUBSEQUENT AMENDMENTS TO THE ORDINANCE. NONCONFORMING ACTIVITY: THE OTHERWISE LEGAL USE OF A BUILDING OR STRUCTURE OR OF A TRACT OF LAND THAT DOES NOT CONFORM TO THE USE REGULATIONS OF THIS ORDINANCE FOR THE DISTRICT IN WHICH IT IS LOCATED, EITHER AT THE EFFECTIVE DATE OF THIS ORDINANCE OR AS A RESULT OF SUBSEQUENT. AMENDMENTS TO THE ORDINANCE. NONCONFORMING STRUCTURE: AN OTHERWISE LEGAL BUILDING OR STRUCTURE THAT DOES NOT CONFORM WITH THE LOT AREA, YARD~ HEIGHT, LOT COVERAGE, OR OTHER AREA REGULATIONS OF THIS ORDINANCE~ OR IS DESIGNED OR INTENDED FOR A USE THAT DOES NOT CONFORM TO THE USE REGULATIONS OF THIS ORDINANCE OF THE DISTRICT IN WHICH IT IS LOCATED, EITHER AT THE EFFECTIVE DATE OF THIS ORDINANCE OR AS A RESULT OF SUBSEQUENT AMENDMENTS TO THE ORDINANCE. OFF-STREET PARKING AREA: SPACE PROVIDED FOR VEHICULAR PARKING OUTSIDE THE DEDICATED STREET RIGHT OF WAY. PARKING SPACE: A SPACE OF SUFFICIENT SIZE TO PARK ONE (1) STANDARD SIZE AUTOMOBILE. PEN: A SMALL ENCLOSURE USED FOR THE CONCENTRATED CONFINEMENT AND HOUSING OF ANIMALS OR POULTRY; A PLACE FOR FEEDING AND FATTENING OF ANIMALS; A COOP. PUBLIC WATER AND SEWER SYSTEMS: A WATER OR SEWER SYSTEM OWNED AND OPERATED BY A MUNlClPALIT' OR COUNTY OR OWNED AND OPERATED BY A PRIVATE INDIVIDUAL OR A CORPORATION APPROVED BY THE GOVERNING BODY. REQUIRED OPEN SPACE: ANy SEACE REQUIRED IN ANY FRONT, SIDE, OR REAR YARD. RESTAURANT: ANY BUILDING IN WHICH, FOR COMPENSATION, FOOD OR BEVERAGES ARE DISPENSED FOR CONSUMPTION ON THE PREMISES, INCLUDING AMONG OTHER ESTABLISHMENTS, CAFES, TEA ROOMS, DRIVE- INS, CONFECTIONERY SHOPS OR REFRESHMENT STANDS. RETAIL STORES AND SHOPS: BUILDINGS FOR DISPLAY AND SALE OF MERCHANDISE AT RETAIL OR FOR THE RENDERING OF PERSONAL SERVICES (BUT SPECIFICALLY EXCLUSIVE OF CO~L, WOOD, AND LUMBER YARDS), SUCH AS THE FOLLOWING WHICH WILL SERVE AS ILLUSTRATIONt DRUG STORE, NEWSSTAND, FOOD STORE, CANDY SHOP, MILK DISPENSARY, DRYGOODS AND NOTIONS STORE, ANTIQUE STORE AND GIFT SHOP, HARD- WARE STORE, HOUSEHOLD APPLIANCE STORE, FURNITURE STORE, FLORt. ST, OPTICIAN, MUSIC AND RADIO STORE, TAILOR SHOP, BARBER SHOP~ AND BEAUTY SHOP. ROAD: (SEE STREET). SAWM~;ELS, TEI~PORARY: A PORTABLE SAWMILL LOCATSD ON PRIVATE PROPERTY FOE THE PROCESSING OF TIMBER CUT ONLY FROM THAT PROPERTY, FROM PROPERTY IMMEDIATELY CONTIGUOUS AND ADdACENT THERETO OR INCIDENTAL PROCESSING OF TIMBER TRANSPORTED FROM OTHER PROPERTY. SAWMILL~ P~BMANENT: A SAWMILL PERMANENTLY LOCATED FOR THE PURPOSE OF PROCESSING ~MBER FROM THE PROPERTY ON WHICH LOCATED, FROM ADdOINING PROPERTY, OR FROM OTHER PROPERTIES REMOVED FROM THE SAWMILL OR ITS ENVIRONS WITHOUT REGARD 'TO POINT OF ORIGINATION. SUCH MILL MAY OR MAY NOT BE HELD OUT FOR THE PROCESSING OF TIMBER BOUGHT OR SOLD ON A PRICE BASIS. SETBACK: THE MINIMUM DISTANCE BY WHICH ANY BUILDING OR STRUCTURE MUST BE SEPARATED FROM THE FRONT LOT LINE. SIGN: ANY DISPEAY OF ANY LETTERS, WORDS, NUMERALS, FIGURES~ DEVICES~ EMBLEMS, PICTURES, OR ANY PARTS OR COMBINATIONS THEREOF, BY ANY MEANS WHEREBY THE SAME ARE MADE VISIBLE FOR THE PURPOSE OF MAKING ANYTHING KNOWN, WHETHER SUCH DISPLAY BE MADE ON, ATTACHED TO, OR AS A PART OF A STRUCTURE, SURFACE OR ANY OTHER THING, INCLUDING, BUT NOT LIMITED TO, THE GROUND, ANY ROCK, TREE~ OR OTHER NATURAL OBdECT, WHICH DISPLAY IS VISIBLE BEYOND THE BOUNDARIES OF THE PARCEL OF LAND ON WHICH THE SAME IS MADE. A DISPLAY OF LESS THAN ONE (1) S~UARE FOOT IN AREA iS EXCLUDED FROM THIS DEFINITION. BUSINESS. A SIGN WHICH DIRECTS ATTENTION TO A PRODUCT, COMMODITY OR SERVICE AVAILABLE ON THE PREMISES. HOME 0CCUPATI.ON. A SIGN DIRECTING ATTENTION TO A PRODUCT, COMMONDITY, OR SERVICE AVAILABLE ON-THE PREMISES, BUT WHICH PRODUCT~ COMMODITY, OR SERVICE CLEARLY INVOLVES A SECONDARY USE OF THE DWELLING. GENERAL.'ADVERT1SIN~. A SIGN WHICH DIRECTS ATTENTION TO A PRODUCT, COMMODITY~ OR SERVICE NOT AVAILABLE ON THE PREMISES. LOOATI~. A SIGN WHICH DIRECTS ATTENTION TO THE APPROXIMATE LOCATION OF AN ESTABLISHMENT FROM WHICH THE ADVERTISED PRODUCT OR SERVICE MAY BE OBTAINED. DIRECTIONAL. A DIRECTIONAL SIGN IS ONE (ONE END OF WHICH MAY BE POINTED~ OR ON WHICH AN ARROW MAY BE PAINTED, INDICATING THE DIRECTION TO WHICH ATTENTION IS CALLED) GIVING THE NAME ONLY OF THE FARM~ OR BUSINESS RESPONSIBLE FOR THE ERECTION OF SAME. SIGN STRUCTURE: INCLUDES THE SUPPORTS, UPRIGHTS, BRACING, AND FRAMEWORK OF ANY STRUCTURE~ BE IT SINGLE-FACED, DOUBLE--FACED, V-TYPE, OR OTHERWISE, EXHIBITING A SIGN. 17-74. 17-75. 17-76. 17-77. 17-78. 17-79 1 ?-81. 17-82 17-83. 17~84. D 17-85. 77-86. 17-87. 17-88. 17-89 o 17-89-1. 17-89-2. 17-89-3. 18-1. 18-2. 18-3. 18-4. SIGN, TEMPORARY: A SIGN APPLYING TO A SEASONAL OR OTHER BRIEF ACTIVITY SUCH AS, BUT NOT LIMITED TO, SUMMER CAMPS, HORSE SHOWS, AUCTIONS OR SALE OF LAND. TEMPORARY SIGNS SHALL CONFORM IN SIZE AND TYPE TO DIRECTIONAL SIGNS. STORE: (SEE RETAIL STORES AND SHOPS.) STORY: THAT PORTION OF A BUILDING, INCLUDED BETWEEN THE SURFACE OF ANY FLOOR AND THE SUR- FACE OF THE FLOOR NEXT ABOVE IT. IF THERE BE NO FLOOR ABOVE IT, THE SPACE BETWEEN THE FLOOR AND .THE~CEILING NEXT ABOVE IT. STORY, HALF: ^ SPACE UNDER A SLOPING ROOF, WHICH HAS THE LINE OF INTERSECTION OF ROOF DECKING AND WELL FACF~OT MORE THAN THREE (3) FEET ABOVE THE TOP FLOOR LEVEL, AND IN WHICH SPACE NOT MORE THAN TWO-THIRDS (2/3) OF THE FLOOR AREA IS FINISHED OFF FOR USE. STREET, BGAD: A PUBLIC THOROUGHFARE WHICH AFFORDS PRINCIPAL MEANS OF ACCESS TO ABUTTING PROPERTY. STREET LINE: THE DIVIDING LINE BETWEEN A STREET OR ROAD RIGHT OF WAY AND THE CONTIGUOUS PROPERTY.. STRUCTURE: ANYTHING CONSTRUCTED OR ERECTED, THE USE OF WHICH REQUIRED PERMANENT LOCATION ON THE GROUND, OR ATTACHMENT TO SOMETHING HAVING A PERMANENT LOCATION ON THE GROUND. THIS INCLUDES, AMONG OTHER THINGS, DWELLINGS, BUILDINGS, SIGNS, ETC.! TOURIST COURT, AUTO COURT, NDTEL, AUTEL, CABINS, OR MOTOR LODGE= ONE OR MORE BUILDINGS CON- TAINING INDIVIDUAL SLEEPING ROOMS, DESIGNED FOR OR USED TEMPORARILY BY AUTOMOBILE TOURISTS OR TRANSIENTS, WITH GARAGE OR PARKING SPACE CONVENIENTLY LOCATED TO EACH UNIT. COOKING FACILITIES MAY BE PROVIDED FOR EACH UNIT. TOURIST HOME: A DWELLING WHERE ONLY LODGING IS PROVIDED FOR COMPENSATION FOR UP TO FOURTEEN (14) PERSONS (IN CONTRADISTINCTION TO HOTELS AND BOARDING HOUSES) AND OPEN TO TRANSIENTS. TRAILER= A TRAILER IS A SINGLE FAMILY DWELLING DESIGNED FOR TRANSPORTATION, AFTER FABRICA- TION, ON STREETS AND HIGHWAYS ON ITS OWN WHEELS OR ON FLATBEDS OR ~HER TRAILERS AND ARRIVING AT THE SITE WHERE IT IS TO BE OCCUPIED AS A DWELLING COMPLETE AND READY FOR OCCUPANCY, EXCEPT FOR MINOR AND INCIDENTAL UNPACKING AND ASSEMBLY OPERATION~ LOCATION ON dACKS OR PERMANENT FOUNDATIONS, CONNECTION TO UTILITIES AND THE-LIKE. TRAILER HOME PARKS OR CAMP: ANY SITE, LOT, FIELD, OR TRACT OF LAND UPON WHICH IS LOCATED TWO OR MORE TRAILERS OR WHICH IS HELD OUT FOR THE LOCATION OF ANY TRAILER, AND SHALL INCLUDE ANY BUILDING, STRUCTURE, TENT, VEHICLE, OR ENCLOSURE USED OR INTENDED FOR USE AS A PART OF THE EQUIPMENT OF ANY SUCH PARK OR CAMP. TRAVEL TRAILER: A MOBILE UNIT LESS THAN TWENTY-NINE (29) FEET IN LENGTH AND LESS THAN FOUR THOUSAND F~VE HUNDRED (4,500) POUNDS IN WEIGHT WHICH IS DESIGNED FOR HUMAN HABITATION. USE, ACCESSORY: A SUBORDINATE USE, CUSTOMARILY INCIDENTAL TO AND LOCATED UPON THE SAME LOT OCCUPIED BY THE MAIN USE. VARIANCE: A VARIANCE IS A RELAXATION OF THE TERMS OF THE ZONING ORDINANCE WHERE SUCH VARIANCE WILL NOT BE CONTRARY TO THE PUBLIC INTEREST AND WHERE, OWING TO CONDITIONS PECULIAR TO THE PROPERTY AND NOT THE RESULT OF THE ACTIONS OF THE APPLICANT, A LITERAL ENFORCEMENT OF THE ORDINANCB WOULD RESULT IN UNNECESSARY AND UNDUE HARDSHIP. AS USED iN THIS ORDINANCE, A VARIANCE IS AUTHORIZED ONLY FOR HEIGHT, AREA, AND SIZE OF STRUCTURE OR SIZE OF YARDS AND OPEN SPACES; ESTABLISHMENT OR EXPANSION OF A USE OTHERWISE PROHfBtTED SHALL NOT BE ALLOWED BY VARIANCE; NOR SHALL A VARIANCE BE GRANTED BECAUSE OF THE PRESENCE OF NONCONFORMITIES IN THE ZONING DIVISION OR DISTRICT OR ADdOINING ZONING DIVISIONS OR DISTRICTS. WAYSIDE STAND, ROADSIDE STAND, WAYSIDE MARKET: ANY STRUCTURE OR LAND USED FOR THE SALE OF AGRICULTURAL OR HORTICULTURAL PRODUCE, LIVESTOCK, OR MERCHANDISE PRODUCED BY THE OWNER OR HiS FAMILY ON THEIR FARM. YARD: AN OPEN SPACE ON A LOT L:QTHER THAN A COURT, UNOCCUPIED AND UNOBSTRUCTED FROM THE GROUND UPWARD, EXCEPT AS OTHERWISE PROVIDED HEREIN. FRONT. AN OPEN SAPCE ON THE SAME LOT AS A BUILDING BETWEEN THE FRONT LINE OF THE BUILDING E~'~USIVE OF STEPS) AND THE FRONT LOT OR STREET LINE, AND EXTENDING ACROSS THE FULL WIDTH OF THE LOT. REAR. AN OPEN, UNOCCUPIED SPACE ON THE SAME LOT AS A BUILDING BETWEEN THE REAR LINE OF THE BUILDING (EXCLUSIVE OF STEPS) AND THE REAR LINE OF THE LOT, AND EXTENDING THE FULL WIDTH OF THE LOT. SIDE. AN OPEN, UNOCCUPIED SPACE ON THE SAME LOT AS A BUILDING BETWEEN THE SIDE LINE OF THE BUILDING (EXCLUSIVE OF STEPS) AND THE SIDE LINE OF THE LOT, AND EX~ENDI'NG FROM THE FRONT YARD LINE TO THE REAR YARD LINE. EFFECTIVE DATE THE EFFECTIVE DATE OF THIS ORDINANCE SHALL BE FROM AND AFTER ITS PASSAGE AND LEGAL APPLICA- TION, AND ITS PROVISIONS SHALL BE IN FORCE THEREAFTER UNTIL REPEALED. SEV ERAB I L I TY SHOULD ANY SECTION OR PROVISION OF THIS ORDINANCE BE DECIDED BY THE COURTS TO BE UNCONSTITU- TIONAL OR INVALID, SUCH DECISION SHALL NOT AFFECT THE VALIDITY OF THE ORDINANCE AS A WHOLE~ OR ANY PART THEREOF OTHER THAN THE PART SO HELD TO BE UNCONSTITUTIONAL OR INVALID. CONFLICTING ORDINANCES ALL CONFLICTING ORDINANCES OR PARTS THEREOF WHICH ARE INCONSISTENT WITH THE PROVISIONS OF ·HIS ORDINANCE ARE HERESY REPEALED. A CERTIFIE~ COPY OF THE FOREGOING ZONING ORDINANCE OF ALBEMARLE COUNTY, VIRGINIA, SHALL BE FILED tN THE OFFICE OF THE ZONING ADMINISTRATOR OF ALBEMARLE COUNTY, AND THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ALBEMARLE COUNTY, VIRGINIA. A RECORDED VOTE TAKEN 'ON THEFOREGOING ORDINANCE RESULTED AS FOLLOWS: AYES: JOHN Wo '~ILLIAMS~ EDGAR N. GARNETT, H. ASHBY HARRIS, GEORGE C. PALMER~'II~ Mo ¥, SUTHERLAND~ JR. AND ROBERT THRAVESo T G 0 U N Mounlfdir G R E E N E ~- oWhife H hool 70NIN~ DISTriCT S AGRICULTURAL, LIMITE D A-I AGR CULTURAL, RESTRICTED A-la RESiDENTiAL, RESTRICTE %' R- I ~ ~ RESIDENTIAL; LIM TED R-~' \ RESIDENTIAL, GENERAL mBUSiNESS,LIMITED B-I BUSINESS,GENERAL B-2 [] INDUSTRIAL,GENERAL M-2 SEE INSERT OF CHARLOTTESVILLE / I il)' )tisville ,,5 ALBEMARLE COUNT SGALE OF MILES S $ 4 0 DIViStON OF INDUSTRIAL DEVE AND PLANNtNG · " .... .'-".'- '-'""''"''''''"""'"'""'" ...... .'-'-'-'-'.'. I I~~.. ' ''~' "'" . '~ ' "' ~" .' . '~' .'. '.'.'. ' . ' .' . '.' . ' . ' .' .'. '.'. ' . ' .' lJ.: .'.:.:':':'.'.'.'.'.'.' . Jm I I m I .. iI · .,,.5 ..,, .:.: ======================================================================= ' !,..~. ~:, -, ,.., .,, lC, ========================================================= ,'-..."L., ,,~;.;-..~- ~2.:.'- .:.:.:.:.:.:.:.:.:.:.:..-.........-...-.-.-.... ,.~., , .,'. ~.,..,,-..~ . 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'"" '"~. :.. ..... :, ...... . ....... ......... ...... -...:.:.:...-.: ......... ~.i~.:.:.:..~ . . , , ., .... ,.,,~..,, ........ ... , ~- ,~ .......... .............. ....... ~.%..:.:._..:...:.:.:.:~...:.:.?:.~.,' \ / N ',~ o...i N ',. NN in X\x' "N Xx~x, ' I- ,,,~ , lil L. LJ I'-- ILl N 0 MR. PALMER STATED THAT HE FELT THE BOARD SHOULD CONSIDER THE APPOINTMENT OF A TAX STUDY COMMITTEE AS REQUESTED AT TH/ AUGUST 15TH MEETING AND THAT HE FELT SUCH COMMITTEE SHOULD GIVE CONSIDERA- TION TO THE ENTIRE FINANCIAL STRUCTURE OF THE COUNTY. ON MOTION OF MR. PALMER, SECONDED BY MR. HARRIS, THE CHAIRMAN WAS REQUESTED TO APPOINT SUCH A COMMITTEE. MR. WILLIAMS APPOINTED TH/ FOLLOWING PERSONS - MR. ~RtGHT HARRISON, MR. H. A. HADEN, MRo WILLIAM TREVILLtAM, MR. WILLIAM ROSKWOOD, MR. CLAUDE JESSUPI AND MR. EMERSON SPIES. HE THEN ASKED THAT EACH MEMBER OF THE BOARD APPOINT ONE PERSON FROM HIS RESPEC- TIVE DISTRICT TO THIS COMMITTEE. THE FOLLOWING PERSONS WERE NAMED= MR. WILLIAM GREEN, CHARLOTTESVILLE DI~RICT~ MR. HUNTER FAULCONER, IVY DISTRICT; MR. TEVIS MICHIE, RIVANNA DISTRICT; MR. EDWIN V. SMITH, SAMUEL MILLER DISTRICT; MR. PRESCOTT CARTER, SCOTTSVlLLE DISTRICT; AND MR. PERCY ABELL, WHITE HALL DISTRICT. PLAT WAS RECEIVED ON BLOCK F-F, FARMINGTON, AS PREPARED BY MR. AMOS R. SWEET AND APPROVED BY THE CITY AND COUNTY PLANNING COMMISSION, NOTATION THEREON AS TO SUBSTANDARD ROADS. ON MOTION OF MR. PALMER, SECONDED BY MR. GARNETT, THIS PLAT WAS APPROVED AND THE CHAIRMAN AND CLERK WERE AUTHORIZED TO SIGN SAME ON BEHALF OF THIS BOARD. PLAT WAS RECEIVED ON LOT 1, PARCEL C, CARRSBROOK SUBDIVISION, AS PREPARED BY MR. WI.LLIAM ROUDABUSH AN~ APPROVED BY THE COUNTY AND CITY PLANNING COMMISSIONS. ON MOTION OF MR. GARNETT, SECONDED BY MR. PALMER~ THIS PLAT WAS APPROVED AND THE CHAIRMAN AND CLERK WERE AUTHORIZE~ TO SIGN SAME ON BEHALF OF THIS BOARD. DEED~ IN LIEU OF PLAT, WAS RECEIVED ON TRANSFER OF 18-FT. STRIP OF LAND FROM TEORA 0. AND JULIUS Ho CRAIG TO CALVIN Fo AND RUBY P. CANODY, LOCATED SOUTH OF BATESVlLLE, AS APPROVED BY THE COUNTY PLANNING COMMISSION. ON MOTION OF MR.. GARNETT, SECONDED BY MR. HARRIS, THIS ~EED WAS APPROVED AND THE CHAIRMAN AN9 CLERK WERE AUTHORIZED TO SIGN SAME ON BEHALF OF THIS BOARD. REQUEST WAS RECEIVED FROM THE SHERIFF FOR AN ADDITIONAL ALLOWANCE OF ~00.00 FOR TELEPHONE AND TELEGRAPH EXPENSE OF HIS OFFICE FOR THE REMAINDER OF THE CALENDAR YEAR DUE TO THE FACT THAT HE UNDERESTIMATED THIS ITEM IN MAKING HIS ORIGINAL REQUEST TO THE COMPENSATION BOARD. ON MOTION OF MR. / HARRIS, SECONDED BY MR. PALMER, THE FOLLOWING RESOLUTION WAS UNANIMOUSLY ADOPTED: BE IT RESOLVED BY THE BOAR~ OF COUNTY SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA, THAT THE STATE COMPENSATION BOARD BE AND IS HEREBY REQUESTED TO PARTI- CIPATE IN ITS PROPORTIONATE SHARE OF AN ADDITIONAL ALLOWANCE OF $~00.00 FOR TELE- PHONE AND TELEGRAPH EXPENSE IN THE OFFICE OF THE SHERIFF FOR THE REMAINDER OF THE CALENDAR YEAR 1963. COMMUNICATION WAS RECEIVED FROM THE STATE COMPENSATION BOARD ADVISING OF THE APPROVAL OF CERTAIN SALARY INCREMENTS IN THE DEPARTMENT OF FINANCE, EFFECTIVE AUGUS$ 1~ 196}, SUBdECT TO CONCURRENCl ON MOTION OF MR. ~ARNETT, SECONDED BY MR. HARRIS~ THE FOLLOWING RESOLUTION WAS UNANIMOUE BY THIS BOARD. LY ADOPTED: BE *rT RESOLVED BY THE BOARD OF COUNTY SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA, THAT THE FOLLOWING INCREASES IN ANNUAL RATE OF COMPENSATION FOR CERTAIN EMPLOYEES IN THE DEPARTMENT OF FINANCE BE AND THE SAME ARE HERESY APPROVED, EFFEC- TIVE AUGUST 1, 196~ AND THAT THE STATE COMPENSATION BOARD BE AND IS HEREBY REQUESTE~ TO PARTICIPATE IN ITS PROPORTIONATE SHARE OF SAME= KAYE DENBY, CLERK .... FROM $~,000.00 TO CHARLOTTE PARDUE, ~LERK o . . FROM ~,600.00 TO HILDA [[f~)RRIS, CLERK .... FROM ~2,?00.00 TO $~,000.00 JUNE T. MOON, CLERK .... FROM $~,300.00 TO $5,~80o00 VA. H. CASSIDY, BOOK~EEP;R . o FROM ~STELLE NEHER, CLERK . . . FROM ~,600o00 TO ALICE GUTSHALL, CLERK . . . FROM $3,120.00 TO $3,240.00 DOROTHY SPROUSE, CLERK . o . FROM $3,~60.00 TO $~)~0o00 EXTRA OFFICE HELP ....... FROM $5,000°00 TO $5,120.00 THE COUNTY EXECUTIVE A~VlSED THAT HE HAD DETERMINED THAT FUN~S WOULD BE AVAILABLE FOR FEASIBI STUDY ON BERKELEY SUBDIVISION, THE COST OF WHICH WAS ESTIMATED AT ~500o00. IT WAS SUGGESTED THAT CARRSBROOK AN~ NORTHFIELDS SUBDIVISIONS BE INCLUDED IN SUCH STUDY. AFTER CONSIDERABLE DISCUSSION OF TH TY THE REGULAR SEPTEMBER MEETING AND INSTRUCTING THE COUNTY EXECUTIVE TO CONTACT THE ENGINEERS TO DETERMINE THE ADDITIONAL COST WHICH WOULD BE INVOLVED IN INCLUDING THE LATTER TWO SUBDIVISIONS IN SAID FEASIBILITY STUDY. MR. ROBERT MUSSELMAN, ATTORNEY, APPEARED WITH REGARD TO T HE STATUS OF ASSESSMENTS NOW BEING MADE IN THE GENERAL RE-ASSESSMENT OF REAL ESTATE. HE SAID A NUMBER OF PERSONS IN THE COUNTY HAVE QUESTIONED THIS RE-ASSESSMENT AS TO IT8 CONFORMITY WITH CONSTITUTIONAL REQUIREMENTS. HE REQUESTED THE BOARD TO UNDERTAKE A PROGRAM TO GIVE THE PUBLIC INFORMATION WHICH WOULD INDICATE THAT A EAIR ASSESSMENT IS BEING MADE. AFTER MUCH DISCUSSION OF THIS MATTER, THE CHAIRMAN REQUESTED THAT THE LEGISLATIVE COMMITTEE MEET WITH MR. MUSSELMAN WITH REGARD TO THIS MATTER. CLAIMS AGAINST THE COUNTY AMOUNTING TO SI&3,86&,/*2 WERE PRESENTED, EXAMINED AND ALLOWED, AND CERTIFIED TO THE DIRECTOR OF FINANCE F~PAYMENT AND CHARGED AGAINST THE FOLLOWING FUNDS: GENERAL OPERATING FUND SCHOOL OPERATING FUND DOG TAX FUND CROZET SANITARY DISTRICT FUND VIRGINIA PUBLIC ASSISTANCE FUND CENTRAL F~RE DISTR~OT FUND $ 38,023.25 /.1,830. ~1 618.45 12,220.71 21,165.39 6.oo COMMONWEALTH OF VIRGINIA CURRENT CREDIT ACCT. ,,, 30t00~01 TOTAL ~143,864.42 ON MOTION~ THE MEETING ADdOURNED. ~' CHA I RMAN / / /