As used in this chapter, the following terms shall have the meanings indicated:
- 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.
- A parcel of land, regardless of area, described by metes and bounds, which is not a numbered lot on any recorded subdivision plat.
- ADDRESS SIGNS
- A sign displaying only the assigned address of a property or building that is attached to a building or sign structure or part thereof. An address sign shall not be included in the maximum permissible sign area of the district in which it is located.
- The official charged with the enforcement of this chapter. He may be any appointed or elected official who is by formal resolution designated to the position by the governing body. He may serve with or without compensation as determined by the governing body.
- The tilling of the soil, the raising of crops, horticulture, forestry and gardening, including the keeping of animals and fowl, and including any agricultural industry or business such as fruit packing plants, dairies or similar uses.
- Any change in the total floor area, use, adaptability or external appearance of any existing structure.
- APARTMENT HOUSE
- A building used or intended to be used as the residence of three or more families living independently of each other.
- AUTOMOBILE GRAVEYARD
- Any lot or place which is exposed to the weather and upon which more than five motor vehicles of any kind, incapable of being operated, and for which it would not be economically practical to make operative, are placed, located or found. The movement or rearrangement of vehicles within an existing lot or facility does not render this definition inapplicable.
- A permanent rooflike structure that projects from the wall of a building, covered with any material designed and intended for protection from the weather or as a decorative embellishment, including those types which can be retraced, folded, or collapsed against the face of the supporting building.
- A sign consisting of a piece of fabric or other durable material, other than a flag or pennant, used to advertise a business, service, product, goods, special promotion, activity or event.
- A story having part but not more than 1/2 of its height below grade. A basement shall be counted as a story for the purpose of height regulations if it is used for business purposes or for dwelling purposes by other than a janitor employed on the premises.
- Any exterior sign or advertising structure or portion thereof, including any sign painted directly on any exterior wall, roof, or part of a building or other object, displaying any information other than the name and occupation of the user of the premises or the nature of the business conducted thereon or the products sold, manufactured, processed or available thereon.
- A dwelling where, for compensation, lodging and meals are provided for up to 14 persons, and where there are adequate bathroom facilities.
- An area of land, including natural vegetation, evergreen landscaping, fencing or a combination of fencing, earthen berms and landscaping.
- Any structure having a roof supported by columns or walls, for the housing or enclosure of persons, animals or chattels.
- BUILDING, ACCESSORY
- A subordinate structure customarily incidental to and located upon the same lot occupied by the main structure. No such accessory structure shall be used for housekeeping purposes.
- BUILDING, HEIGHT OF
- The vertical distance measured from the level of the curb or the established curb grade opposite the middle of the front of the structure to the highest point of the roof, to the deckline of a mansard roof or to the mean height level between the eaves and ridge of a gable, hip or gambrel roof. For buildings set back from the street line, the height shall be measured from the average elevation of the ground surface along the front of the building.
- 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.
- BUILDING-MOUNTED SIGN
- A permanently attached sign erected or painted on the outside wall, window, or door of a building.
- Trunk diameter measured six inches from the ground. If the caliper is greater than four inches, the measurement shall be taken 12 inches from the ground.
- The placement of a landscape island so that each end of a parking bay or parking row has a landscape island at each end.
- A story having more than 1/2 of its height below grade and which may not be occupied for dwelling purposes.
- CHANGEABLE COPY SIGN
- A sign, or part of a sign, with copy that can be changed by manual, mechanical, or electronic means. Copy shall not change more than once every eight seconds on any sign.
- CINDERBLOCK, UNADORNED
- A concrete masonry block lacking decorative embellishments on the face side.
- CLUB or LODGE
- A group of people associated for a common purpose, which meets regularly and is nonprofit, or the local chapter or hall of a fraternal organization.
- The Planning Commission of the Town of Appomattox.
- COMMUNITY EVENT
- A religious, fraternal, social, cultural, historic, recreational, educational or other event that is generally open to the public and serves significant segments of the community.
- CONSTRUCTION SIGN
- A temporary sign that notifies the public of a specific building or development under construction or reconstruction or to be constructed or reconstructed within the next three months. The sign may also identify the architect, contractor, subcontractor and/or material supplier participating in construction on the property on which the sign is located.
- A commercial establishment for the manufacture and sale of milk products.
- DECORATIVE FENCING
- Fencing such as wrought iron, split rail, wood board, aluminum or masonry or the equivalent as determined by the Zoning Administrator. Chain-link fence or unadorned cinderblock shall not be considered decorative fencing.
- DIRECTIONAL SIGN
- An on-premises sign whose message is exclusively limited to guiding the circulation of pedestrian or vehicular traffic, such as "enter," "exit," or "one-way."
- Districts as referred to in the Code of Virginia, § 15.2-2280.
- Any structure which is designed for use for residential purposes,
except hotels, boardinghouses, lodging houses, tourist cabins, automobile
trailers, motels, rooming houses, mobile homes, and manufactured homes.[Amended 5-13-2019]
- DWELLING, MULTIPLE-FAMILY
- A dwelling arranged or designed to be occupied by more than
one family.[Amended 5-13-2019]
- DWELLING, SINGLE-FAMILY
- A dwelling arranged or designed to be occupied by one family,
the structure having only one dwelling unit.[Amended 5-13-2019]
- DWELLING UNIT
- One or more rooms in a dwelling designed for living or sleeping purposes and having at least one kitchen and one or more bathrooms.
- EVERGREEN TREE
- A tree that grows to a mature height of at least 20 feet and has foliage that persists and stays green throughout the year.
- One or more persons occupying a dwelling unit as a single nonprofit housekeeping unit, who are living together as a bona fide, stable and committed living unit, being a traditional family unit or the functional equivalent thereof, exhibiting the generic character of a traditional family.
- Any fabric or any other material attached to or designed to be flown from a flagpole or similar device.
- A freestanding structure or a structure attached to a building or the roof of a building for the sole purpose of displaying flags.
- FLASHING SIGN
- A sign which involves motion or rotation of any part of the structure, moving reflective disks, running animation, or displays an intermittent light or lights. Signs which display an on-premises message changed by electronic means or remote control, programmed or sequenced to change no more than once every six seconds, shall not be considered a flashing sign.
- FREESTANDING SIGN
- A non-movable sign supported by structures or supports in or upon the ground and not attached to a building.
- The minimum width of a lot measured from one side lot line to the other along a straight line on which no point shall be closer to the street upon which the lot fronts than the building setback line as defined and required in this chapter.
- GARAGE, PRIVATE
- An accessory building designed or used for the storage of not more than three automobiles owned and used by the occupants of the building to which it is accessory. On a lot occupied by a multiple-unit dwelling, the private garage may be designed and used for the storage of 1 1/2 times as many automobiles as there are dwelling units.
- GARAGE, PUBLIC
- A building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, renting, selling or storing motor-driven vehicles.
- Any logo, emblem, insignia, or text, formed by writing, drawing, painting or engraving.
- GROUND COVER
- Any evergreen or broadleaf plant that does not generally attain a mature height of more than one foot, characterized by a growth habit in which the plant spreads across the ground to connect with other similar plants forming a continuous vegetative cover on the ground. Sod and seeding shall be considered an appropriate ground cover.
- HEIGHT OF SIGN
- The distance to the topmost extent of the sign structure when measured from and perpendicular to the elevation of the edge of pavement of the closest adjacent roadway on which the sign is located.
- HISTORICAL AREA
- As indicated on the Zoning Map to which the provisions of this chapter apply for protection of an historical heritage.
- 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 and employing no one other than members of the family residing on the premises, such as the rental of rooms to tourists, the preparation of food products for sale and similar activities, and professional offices such as medical, dental, legal, engineering and architectural conducted within a dwelling by the occupant.
- HOME OCCUPATION SIGN
- A sign not exceeding two square feet in area and three feet in height which directs attention to a product, commodity or service available on the premises, but which commodity or service is clearly a secondary use of the dwelling.
- An institution rendering medical, surgical, obstetrical or convalescent care, including nursing homes, homes for the aged and sanatoriums, but in all cases excluding facilities for the mentally ill or those addicted to drugs or alcohol.
- A building occupied as the more or less temporary abiding place for 14 or more individuals who are, for compensation, lodged, with or without meals, and in which provision is not generally made for cooking in individual rooms or suites.
- IDENTIFICATION SIGN
- A sign which is permanently attached to or painted on a building and contains only the building name (example: the "Court Street Professional Building"). Identification signs shall not be included in the maximum permissible sign area of the district in which they are located.
- ILLUMINATED SIGN
- A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.
- INFLATABLE ITEM
- Any item that is capable of being expanded by air, water or other means that exceeds 24 inches in diameter, used to advertise a business, service, product, goods, special promotion, activity or event.
- INOPERABLE, JUNK OR SCRAP MOTOR VEHICLE
- A motor vehicle whose condition is such that it is economically impractical to make it operative, or which creates a nuisance or a safety or health hazard.
- An establishment or place of business which is maintained, operated or used for storing, keeping, buying or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills.
- A place prepared to house, board, breed, handle or otherwise keep or care for dogs for sale or in return for compensation.
- LANDSCAPE ISLAND
- An area containing required landscaping and not less than 162 square feet for a parking row and 324 square feet for a parking bay.
- Any emblem used as a symbol of an organization or residential or nonresidential community. A logo may include a graphic, text, or both.
- 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 widths and lot areas as are required by this chapter, and having frontage upon a street, either shown on a plat of record or considered as a unit of property and described by metes and bounds.
- LOT, DEPTH OF
- The average horizontal distance between the front and rear lot lines.
- LOT, DOUBLE FRONTAGE
- An interior lot having frontage on two streets.
- LOT, INTERIOR
- Any lot other than a corner lot.
- LOT OF RECORD
- A lot which has been recorded in the Clerk's office of the Circuit Court.
- LOT, WIDTH OF
- The average horizontal distance between side lot lines.
- MANUFACTURED HOME
- A structure subject to federal regulation which is transportable in one or more sections; is eight body feet or more in width and 40 body feet or more in length in the traveling mode, or is 320 or more square feet when erected on site; is built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air-conditioning and electrical systems contained in the structure.
- MANUFACTURE; 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
- A unit originally designed as a living unit and also designed for transportation, after fabrication, on streets and highways on its own wheels or on a flatbed or other trailer 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 of jacks or permanent foundations, connection to utilities and the like. The term "mobile home" does not include travel trailers nor does it necessarily include modular housing.
- MOBILE HOME, DOUBLE-WIDE
- A mobile home built in two sections on a permanent or removable chassis, and when erected on site, has its tongue, wheels and axles removed; is affixed to a permanent perimeter foundation or skirt; is attached to public water and sewer as required by this Code; and must meet all other requirements of a single-family dwelling.
- MOBILE HOME LOT
- A parcel of land within the boundaries of a mobile home park provided for the placement of a single-wide or double-wide mobile home and the exclusive use of its occupants.
- MOBILE HOME PARK
- Any area of five acres or more designed to accommodate 25 or more mobile homes intended for immediate residential use where residence is in mobile homes exclusively. A mobile home park may include a rental office but may not include mobile home sales.
- MODIFIED SIGN
- A sign that is allowed to deviate from the standards set forth in the Zoning Chapter pursuant to a conditional use permit issued by Town Council.
- MONUMENT SIGN
- A permanent structure built on grade in which the sign and the structure are an integral part of one another, not a pole- or pylon-mounted sign.
- A protective covering, usually of organic matter, placed around plants to prevent evaporation, root freezing and weed growth.
- A painting fresco or mosaic applied to a wall for the sole purposes of decoration or artistic expression. A mural is not considered a sign unless it includes words or graphics that advertise the products or service of any entity.
- NEON TUBING
- A vacuum-tight transparent tube, not exceeding one inch in diameter, containing, but not limited to, neon, argon, helium, xenon, or krypton that produces light when connected to an electrical current.
- 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 chapter for the district in which it is located, either on April 23, 1969, or as a result of subsequent amendments to this chapter.
- NONCONFORMING LOT
- An otherwise legally platted lot that does not conform to the minimum area or width requirements of this chapter for the district in which it is located, either on April 23, 1969, or as a result of subsequent amendments to this chapter.
- 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 chapter or is designed or intended for a use that does not conform to the use regulations of this chapter for the district in which it is located, either on April 23, 1969, or as a result of subsequent amendments to this chapter.
- OFF-SITE DIRECTIONAL SIGN
- A sign that directs traffic to a site other than the site on which the sign is located.
- OFF-STREET PARKING AREA
- Space provided for vehicular parking outside the dedicated street right-of-way.
- OPINION SIGN
- A sign which does not advertise products, goods, businesses, or services and which expresses an opinion or other point of view.
- ORNAMENTAL TREE
- A deciduous tree that grows to a mature height of less than 30 feet with flowering or other distinguishing characteristics.
- PARAPET WALL
- A wall that extends above the top of a flat roof or flat portion of a roof.
- PARKING BAY
- Two parking rows abutting one another.
- PARKING ROW
- One single line of parking spaces.
- Any lightweight plastic, fabric or other similar material, whether or not containing copy suspended from a rope, wire, or string, usually in series and designed to move in the wind.
- PERMANENT SIGN
- Any sign attached to the ground or any structure, intended to exist for the life of the structure or use and which cannot be removed without involving any structural or support changes.
- POLE-MOUNTED SIGN
- A sign which is mounted on one freestanding pole or similar support.
- POLITICAL SIGN
- A temporary sign promoting the candidacy of a person running for a governmental office or promoting a position on an issue to be voted on at a government election.
- PORTABLE SIGN
- A sign which is movable without involving any structural or support changes and which is not permanently attached to the ground or a structure or which is not an integral part of a building to which it is accessory. This category includes, but is not limited to, an A-frame sign, a sign attached to or placed on a vehicle, which is used primarily for the purpose of display, and similar devices used to attract attention. This shall not include bumper stickers or identification signs directly applied to or painted on vehicles identifying the owner of the vehicle, a business name, logo or emblem.
- PROJECTING SIGN
- A sign which is attached to and projects at an angle and extends more than 15 inches from the face of the wall of a building.
- PUBLIC WATER AND SEWER SYSTEMS
- A water or sewer system owned and operated by a municipality or county, or owned and operated by a private individual or a corporation approved by the governing body and properly licensed by the state corporation commission, and subject to special regulations as set forth in this chapter.
- PYLON SIGN
- A sign which is mounted on two freestanding poles or similar supports.
- REAL ESTATE SIGN
- A temporary sign used to offer property for sale, lease, rent and/or development or to advertise an open house.
- To materially alter the existing use or condition of a property. Routine repairs and maintenance shall not be considered redevelopment.
- The replacement of a sign face, regardless of change in copy, of equal size to the original, without altering the sign box, sign frame or sign structure.
- REQUIRED OPEN SPACE
- Any space required in any front, side or rear yard.
- Any building in which, for compensation, food or beverages are dispensed for consumption on the premises, including, among other establishments, cafes, tea rooms, confectionery shops or refreshment stands.
- RESTAURANT, DRIVE-IN
- An establishment from which, for compensation, food or beverages are dispensed for consumption within automobiles or informal facilities on the premises.
- RETAIL STORES AND SHOPS
- Buildings for the display and sale of merchandise at retail or for the rendering of personal services (but specifically exclusive of coal, wood, and lumberyards), such as the following which will serve as illustration: drugstore, newsstand, food store, candy shop, milk dispensary, dry goods and notions store, antique store and gift shop, hardware store, household appliance store, furniture store, florist, optician, music and radio store, tailor shop, barbershop and beauty shop.
- A permanent, large, loose angular stone generally used for erosion and sediment control in concentrated high-velocity flow areas.
- ROAD FRONTAGE
- The number of linear feet of a property which front on a public street, private street or internal access road.
- ROOF SIGN
- A sign installed or constructed upon or above a roof.
- SANDWICH BOARD
- A temporary sign used to inform the public of the list of entrees, dishes, foods, entertainment or products available in a business.
- A method of visually shielding or obscuring items such as a structure, receptacle, parking area, equipment or stormwater management pond with densely planted landscaping, or a combination of landscaping, berms, solid fences and/or walls.
- The minimum distance by which any building or structure shall be separated from the front lot line.
- SHADE TREE
- A deciduous tree that grows to be more than 30 feet at maturity and that is planted chiefly to provide shade from sunlight.
- A woody plant, deciduous or evergreen, that generally exhibits several erect, spreading stems with a bushy appearance and that grows to a height of no more than 15 feet.
- SHRUB EQUIVALENT
- The substitution of lesser-height shrubs in greater numbers for one taller shrub. Shrub equivalents shall be permitted only where specifically provided within this chapter, and the total combined height of the lesser-height shrubs shall be equal to the height of the one taller shrub for which they are substituted.
- SIGHT DISTANCE TRIANGLE
- A triangular-shaped area located on both sides of the intersection of a driveway with a public roadway, designed and maintained to allow for a clear line of sight, and being a straight line with unobstructed view measured 50 feet along the edge of pavement lines from their points of junction and being three feet above the pavement edge.
- Any writing (including letter, work or numeral), pictorial representation (including illustration or decoration), emblem (including device, symbol, logo, or trademark) or any other figure or graphic of similar character for the purpose of communicating information to the public which is:
- A. Attached to a structure, painted on or in any other manner represented on a building, other structures or natural object;
- B. Used to announce, direct attention to, or advertise;
- C. Visible from the outside of a building. A sign shall include writing, pictorial representation, emblem or any other figure of similar character within a building when located less than 12 inches away from the inside face of an exterior window pane, and located less than 12 inches away from the inside of an exterior window pane; and
- D. Accessory to the permitted uses in the zoning district.
- SIGN BASE
- The area below any writing, pictorial representation, emblem or any other figure of similar character on a sign face. This shall include solid bases, poles, supports, uprights, skirts and/or enclosures.
- SIGN BOX
- A structure that encloses the sign face(s) and any internal illumination.
- SIGN FACE
- The area or display surface used for the message, not including the sign frame or sign structure.
- SIGN FRAME
- The enclosure and/or embellishment that surrounds the sign face.
- SIGN STRUCTURE
- An assembly of material used to support a sign face and/or sign frame.
- Any area of land where the surface deviates from the horizontal.
- See "retail stores and shops."
- That portion of a building, other than the basement, included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, then the space between the floor and the ceiling next above it.
- Any long narrow strip of cloth, paper, plastic or other material.
- STREET LINE
- The dividing line between a street or road right-of-way and the contiguous property.
- STREET or ROAD
- A public thoroughfare which affords principal means of access to abutting property.
- Anything constructed or erected, the use of which requires 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.
- SURFACE AREA
- The entire aggregate area within a single continuous perimeter including the extreme limits of writing, pictorial representation, emblem, figure, graphic, or any figure of similar character. The sign base, box, frame, and/or structure shall not be considered the surface area of a sign unless there is writing or internal illumination on such sign components.
- TEMPORARY SIGN
- A sign designed or intended to be displayed for a limited period of time as indicated in the Zoning Chapter.
- An inappropriate practice of making heading cuts through a stem more than two years old that drastically reduces tree height, destroys tree architecture and results in discoloration, decay of the cut stem, or death of the tree.
- TOURIST COURT, AUTO COURT, MOTEL, AUTEL, CABINS, or MOTOR LODGE
- One or more buildings containing 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 14 persons (in contradistinction to hotels and boardinghouses) and which is open to transients.
- TRAVEL TRAILER
- A vehicle designed to provide temporary living quarters of such size or weight as not to require special highway movement permits when towed by a motor vehicle and having a gross trailer area less than 320 square feet. (See § 46.2-1900 of the Code of Virginia.)
- UNIFIED AND COORDINATED BUILDING-MOUNTED SIGNS
- Signs that are similar in construction technique, but not including font, or color.
- USE, ACCESSORY
- A subordinate use, customarily incidental to and located upon the same lot occupied by the main use.
- In the application of this chapter, a reasonable deviation from those provisions regulating the size or area of a lot or parcel of land, or the size, area, bulk or location of a building or structure when the strict application of this chapter would result in unnecessary or unreasonable hardship to the property owner, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the intended spirit and purpose of this chapter, and would result in substantial justice being done. The term "variance" shall not include a change in use which change shall be accomplished by a rezoning or by a conditional zoning.
- VILLAGE HOME
- Single-family residences distinguished by smaller area regulations. This type of residence is only allowed in the R-2 designated district, requires the specific landscaping or architectural treatment set forth in this section and a special use permit. The standards contained herein are designed to reduce noise transmission between residences, reduce visual intrusion and decrease the impact of smaller area requirements on adjacent properties.
- V-TYPE SIGN
- The placement of sign frames that would result in an angle between the sign frames. This definition shall not apply to monument signs placed on corner lots.
- WINDOW SIGN
- A sign attached to, applied directly to, or located within 12 inches from a door or window.
This chapter has been designed to:
Provide for adequate light, air, convenience of access, and safety from fire, flood, crime and other dangers;
Reduce or prevent congestion in the public streets;
Facilitate the creation of a convenient, attractive and harmonious community;
Facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports and other public requirements;
Protect against destruction of or encroachment upon historic areas;
Protect against one or more of the following: overcrowding of land; undue density of population in relation to the community facilities existing or available; obstruction of light and air; danger and congestion in travel and transportation; or loss of life, health or property from fire, flood, panic or other dangers;
Encourage economic development activities that provide desirable employment and enlarge the tax base;
Provide for the preservation of agricultural and forestal lands and other lands of significance for the protection of the natural environment;
Protect approach slopes and other safety areas of licensed airports, including United States government and military air facilities; and
Promote the creation and preservation of affordable housing suitable for meeting the current and future needs of the locality as well as a reasonable proportion of the current and future needs of the planning district within which the locality is situated.
State law reference: Purposes of zoning ordinances, Code of Virginia, § 15.2-2283.
For the purpose of this chapter, the Town is hereby divided into the following districts:
Residential, Limited, R-1.
Residential, Village Homes, R-2.
Residential, General, R-3.
Mobile Home Park, MHP-1.
Business, Less Intense Use, B-1.
Business, General, B-2.
Industrial, Limited, M-1.
Public Use District, P-1.
State law reference; Uniformity of regulations in each district, Code of Virginia, § 15.2-2283.
Unless district boundary lines are fixed by dimensions or otherwise clearly shown or described, and where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Map, the following rules shall apply:
Where 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.
Where a district boundary is indicated to follow a river, creek or branch or other body of water, such boundary shall be construed to follow the center line at low water or at the limit of the jurisdiction, and in the event of change in the shoreline, such boundary shall be construed as moving with the actual shoreline.
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 boundary line shall be determined by the use of the scale shown on the Zoning Map. In case of subsequent dispute, the matter shall be referred to the Board of Zoning Appeals which shall determine the boundary.
Whenever there shall be plans in existence, approved by either the State Department of Transportation 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 adjacent to the future planned right-of-way, in order to preserve and protect the right-of-way for such proposed street or highway widening.
No slaughterhouse shall be established, maintained or operated within the jurisdiction of the Town.
Any person, whether as principal, agent, employee or otherwise, violating, causing or permitting the violation of any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, may be fined not less than $10 nor more than $1,000. If the violation is uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in compliance with the Zoning Ordinance, within a time period established by the court. Failure to remove or abate a zoning violation within the specified time period shall constitute a separate misdemeanor offense punishable by a fine of not less than $10 nor more than $1,000, and any such failure during any succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-day period punishable by a fine of not less than $100 nor more than $1,500.
However, any conviction resulting from a violation of provisions regulating the number of unrelated persons in single-family residential dwellings shall be punishable by a fine of up to $2,000. Failure to abate the violation within the specified time period shall be punishable by a fine of up to $5,000, and any such failure during any succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-day period punishable by a fine of up to $7,500. However, no such fine shall accrue against an owner or managing agent of a single-family residential dwelling unit during the pendency of any legal action commenced by such owner or managing agent of such dwelling unit against a tenant to eliminate an overcrowding condition in accordance with Chapter 13 or Chapter 13.2 of Title 55, of the Code of Virginia, as applicable. A conviction resulting from a violation of provisions regulating the number of unrelated persons in single-family residential dwellings shall not be punishable by a jail term.
State law reference: Penalties for violation of zoning ordinance, Code of Virginia, § 15.2-2286.
In order to cover costs incurred by the governing body, the Planning Commission, the Board of Zoning Appeals, and the Zoning Administrator incidental to the review, hearing and reporting of the processing of applications for a zoning permit for a permitted use or a conditional use, a zoning amendment, an administrative review, a variance and a site plan, the following fees shall be required to accompany appropriate applications:
Permitted use. A fee of $75 is required for a zoning permit for a permitted use.
Conditional uses, zoning amendments, special exceptions, administrative reviews and variances or rezoning applications. Applications for conditional use permits and zoning amendments for consideration by the governing body and applications for administrative reviews, variances and other appropriate applications for consideration by the Board of Appeals shall be accompanied by a sum of $500 (includes advertising fee for hearings).
Site plans. An application for a zoning permit for a permitted use or conditional use, a zoning amendment, or a land disturbance permit which requires a site plan, shall be accompanied by a base fee in the amount of $100, plus $20 per acre or fraction thereof for all acres over one acre. Should additional review by a registered engineer be required, a fee equal to the amount of the engineering services rendered shall be assessed.
Erosion and sediment control fees for commercial/industrial/multifamily residential: $150 per acre; all others $75 per unit.