Definitions and general rules of interpretation
contained in this Article shall apply throughout this chapter, unless
a specific meaning to the contrary is prescribed elsewhere in this
chapter. Terms not defined herein shall be interpreted according to
such normal dictionary meaning or customary usage as is appropriate
to the context. The following general rules shall apply throughout
this chapter as they are appropriate to the context.
A.
The word "shall" is mandatory, and the word "may"
is permissive.
B.
The present tense includes the future tense, the singular
number includes the plural, and the plural number includes the singular.
C.
The words "used" or "occupied" include the words "intended,
designed or arranged to be used or occupied."
D.
The words "building" or "structure" include any part
thereof, and the word "building" includes the word "structure."
E.
The word "lot" includes the words "part" and "parcel."
F.
The word "land" includes the words "water" and "marsh."
G.
All references to public officials, agencies and bodies
are those of the Town of Hillsville, Virginia.
As used in this chapter, the following terms
shall have the meanings indicated:
An activity or structure that is customarily associated with
and is appropriately incidental and subordinate to a principal activity
and/or structure and located on the same lot, except as provided for
under the provisions of accessory off-street parking.
Any activity or structure that is customarily associated
with and is appropriately incidental and subordinate to the cultivation,
breeding or maintenance of hay, grasses and other feed products; forest
products; horses, cattle, sheep, goats and poultry; and greenhouses.
A public way intended to provide only secondary vehicular
access to abutting properties.
Any lot or place which is exposed to the weather upon which
more than five unlicensed motor vehicles of any kind, incapable of
being operated, are placed.
Establishments for the primary purpose of servicing, cleaning,
repairing, selling or renting motor vehicles, and including auto service
stations and self-service gasoline stations.
The bottom floor of a building which is more than 12 inches
but not more than one-half ( 1/2) of its height below average
level of the adjoining ground [as distinguished from a cellar, which
is more than one-half ( 1/2) below such level].
A structure, either temporary or permanent, having a roof
or other covering and designed or used for the shelter or enclosure
of persons, animals or property of any kind.
The vertical distance from the highest point on a structure,
excepting any chimney or antenna on a building, to the average ground
level of the grade where the walls or other structural elements intersect
the ground.
Describes the size of buildings or other structures and their
relationship to each other, to open areas and to lot lines, therefore
including:
The size (including height and floor area) of
buildings or other structures.
The area of the lot upon which a residential
building is located, and the number of dwelling units within each
building in relation to the area of the lot.
The location of exterior walls of buildings
or other structures in relation to lot lines, to other walls of the
same building or to other structures.
All open areas relating to buildings or other
structures and their relationship thereto.
See "basement."
An establishment where persons are given medical, surgical
or dental treatment, with no patients lodged overnight.
Structure or location where knowledge is taught.
Any use other than a utility facility, as defined in this
Article, operated by a governmental agency, public authority or nonprofit
organization and intended for the purpose of providing services to
the general public.
Refers to a building or other structure having a roof and
separated on all sides from the adjacent open area or from other buildings
or other structures by exterior walls or party walls, pierced only
by windows or entrance and exit doors normally provided for persons,
goods or vehicles.
A use specified in this chapter as permitted in a particular district only upon approval of a conditional use permit by the Town Council in accordance with the provisions of Article XVI of this chapter. "Conditional use" shall mean the same as special exception, as defined in § 15.1-430, Code of Virginia 1950, as amended.
Any establishment involved in the sale of materials for the
erection of structures.
The mean of the elevations of the side lot lines extended
to the street line.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, the placement
of mobile homes, streets and other paving, utilities, filling, grading,
excavation, mining, dredging or drilling operations.
A dwelling unit located within a building in which the principal
activity is a retail, office, personal service or other permitted
commercial use, when such dwelling unit is located above, below or
to the rear of ground floor space devoted to such commercial use and
when the total amount of floor area of the building devoted to such
dwelling units does not exceed the amount of floor area devoted to
other permitted uses.
A single-family dwelling unit that is constructed basically
as a conventionally built wood frame house except it is built at a
factory and is transported to the site on which it will be permanently
located. The modular home may not have a permanent steel chassis.
A building containing three or more dwelling units. The term
includes cooperative apartments, condominiums and the like. For purposes
of these regulations, regardless of how rental units are equipped,
any multifamily dwelling in which units are available for rental partly
on a monthly basis and partly for a shorter time period, but with
less than 30% of the living units under the same ownership or management
on the same lot being occupied on a less-than-monthly basis, shall
be considered as a semitransient residential activity.
A dwelling unit located within a structure in which the principal
activity is a commercial, professional or general personal service
activity.
A building which is completely separated from any other principal
building and which contains a dwelling unit for occupancy by only
one family. A "single-family detached dwelling" shall include a group
home or a family day home, as defined in this Article.
A detached residential building containing two dwelling units,
designed for occupancy by not more than two families.
A room or rooms connected together, constituting a separate
independent housekeeping establishment for one family only, for owner
occupancy or for rental, lease or other occupancy on a weekly or longer
basis, physically separated from any other rooms or dwelling units
and containing independent cooking and sleeping facilities.
An individual or a group of two or more persons related by
blood, marriage or adoption, together with not more than three additional
persons not related by blood, marriage or adoption, living together
as a single housekeeping unit.
A facility as defined in § 63.1-195, Code of Virginia,
and which is operated for the purpose of providing care for not more
than five children separated from their parents or guardians during
a portion of the day, exclusive of the provider's own children and
any children who reside in the home.
Banks and savings and loan institutions.
A general and temporary inundation of normally dry land areas.
A one-hundred-year flood is a flood that, on the average, is likely
to occur once every 100 years (i.e., that has a one-percent chance
of occurring each year, although the flood may occur in any year.)
The total of the gross areas of all floors, including usable
basements and cellars, below the roof and within the outer surface
of the main walls of principal or accessory buildings or the center
lines of party walls separating such buildings or portions thereof,
but excluding the following:
Areas used for off-street parking spaces or
loading berths, driveways and maneuvering aisles relating thereto
required in this chapter.
In the case of nonresidential facilities: arcades,
porticoes and similar open areas which are located at or near street
level, which are accessible to the general public and which are not
designed or used as sales, display, storage, service or production
areas.
A residential facility in which not more than eight mentally
ill, mentally retarded or other developmentally disabled persons reside,
with one or more resident counselors or other staff persons, the purpose
of such facility being to provide to its occupants the benefits of
normal residential surroundings to achieve optimal assimilation into
the community. The term "group home" shall include family care homes,
foster homes and other residential facilities for which the Virginia
Department of Mental Health, Mental Retardation and Substance Abuse
Services, is the licensing authority, but shall not include residential
treatment centers or other facilities, the principal purpose of which
is to provide emergency shelter or to provide diagnostic or treatment
services for persons currently suffering illegal use of or addiction
to a controlled substance as defined in § 54.1-3401, Code
of Virginia.
An occupation conducted in a dwelling unit, provided that:
Only one person other than members of the family
residing on the premises shall be engaged in such occupation.
The use of the dwelling unit for the home occupation
shall be clearly incidental and subordinate to its use for residential
purposes by its occupants, and not more than 25% of the floor area
of the dwelling unit shall be used in the conduct of the home occupation.
There shall be no change in the outside appearance
of the building or premises, or other visible evidence of the conduct
of such home occupation other than one sign, not exceeding four square
foot in area, nonilluminated, and mounted flat against the wall of
the principal building.
No home occupation shall be conducted in any
accessory building.
There shall be no group instruction or group
assembly, no housing of persons for compensation, no repair of vehicles
or internal combustion engines and no product offered for sale on
the premises, and beauty shops, barbershops and similar personal service
businesses shall not be considered "home occupations."
No traffic shall be generated by such home occupation
in greater volumes than would normally be expected in a residential
neighborhood, and any need for parking generated by the conduct of
such home occupation shall be met off the street and other than in
a required front yard.
No equipment or process shall be used in such
home occupation which creates noise, vibration, glare, fumes, odors
or electrical interference detectable to the normal senses off the
lot, if the occupation is conducted in a single-family dwelling, or
outside the dwelling unit if conducted in other than a single-family
dwelling.
An institution rendering medical, surgical, obstetrical or
convalescent care, including nursing homes, homes for the aged and
sanatoriums.
Changes or replacements in the nonstructural
parts of a building or other structure without limitations to the
following examples:
Alteration of interior partitions to improve
livability in a nonconforming residential building, provided that
no additional dwelling units are created.
A minor addition to the exterior of a residential
building, such as an open porch.
Alterations of interior non-load-bearing partitions
in all other types of buildings or other structures.
Replacement of or minor changes in capacity
of utility pipes, ducts or conduits.
Changes or replacements in the structural parts
of a building or other structure, limited to the following examples
or others of similar character or extent:
The use of any area of land lying within 100 feet of a state
highway or the use of more than 200 square feet of land area in any
location for the storage, keeping or abandonment of junk, including
scrap metals or other scrap materials. This term includes the term
"automobile graveyard."
A place prepared to house, board, breed, handle or otherwise
keep or care for dogs, cats or other small animals for sale or in
return for compensation.
The planting and maintenance of trees, shrubs, lawns and
other ground cover or materials, provided that terraces, fountains,
retaining walls, street furniture, sculptures or other art objects
and similar accessory features may be included as "landscaping" if
integrally designed.
A building primarily used to store and allow access to books,
films, maps and other educational material.
A parcel of land of at least sufficient size to meet minimum
zoning requirements for use, coverage and area and to provide such
yards and other spaces as required by this chapter. A "lot" shall
have frontage on an approved public street and shall either be shown
on a plat of record or be considered as a unit of property described
by metes and bounds.
The entire area of a lot.
That portion of a lot which, when viewed directly from above,
would be covered by a building or any part of a building.
The front of a lot shall be the portion nearest the street.
For the purposes of determining yard requirements on corner lots and
through lots, all sides of a lot adjacent to streets shall be considered
"frontage," and yards shall be provided as indicated in this chapter.
A line marking the boundary of a lot.
A lot which is part of a subdivision recorded in the Clerk's
office of the Circuit Court, or a lot whose existence, location and
dimensions have been legally recorded or registered in a deed prior
to the enactment of this chapter.
The diagram (Figure 1) which follows illustrates terminology
used in this chapter with reference to corner lots, interior lots,
reversed frontage lots and through lots:
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In this diagram:
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A = CORNER LOT — A lot located
at the intersection of two or more streets. A lot abutting on a curved
street or streets shall be considered a "corner lot" if straight lines
drawn from the foremost points of the side lot lines to the foremost
points of the lot meet at an interior angle of less than 135º.
See lots marked A (1) in the diagram.
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B = INTERIOR LOT — A lot other
than a corner lot with only one frontage on a street.
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C = THROUGH LOT — A lot other
than a corner lot with frontage on more than one street. Through lots
abutting two streets may be referred to as double frontage lots.
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D = REVERSED FRONTAGE LOT — A
lot on which the frontage is at right angles or approximately right
angles (interior angle less than 135º to the general pattern
in the area.) A reversed frontage lot may also be a corner lot (A-D
in the diagram), an interior lot (B-D) or a through lot (C-D).
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Any structure complying with the federal manufactured housing
construction and safety standards, 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 a site; is built on a permanent chassis; is designed
to be used for dwelling purposes by one family, with or without a
permanent foundation, when connected to the required utilities; and
which includes the plumbing, heating, air-conditioning and electrical
systems to be utilized in the structure.
LIGHT INDUSTRIALEstablishment in which goods are produced without the use of a machine shop or the chemical processing of materials. Light industrial activities include but are not limited to the assembly, completion and/or packaging of small items of component parts such as assembly and sewing of garments or other types of assembly, bottling of beverages or packaging of completed items. Specifically excluded are uses which would be classified as hazardous industries.
HEAVY INDUSTRIALEstablishments in which goods are generally mass produced from raw materials on a large scale through use of an assembly line, usually for sale to wholesalers or other industrial or manufacturing uses. Included in this use type are industries involved in processing and/or refining raw materials such as chemicals, rubber, wood or wood pulp, forging, casting, melting, refining, extruding, rolling, drawing and/or alloying ferrous metals, dyeing operations and the manufacture of large durable goods such as furniture, autos, manufactured homes or other motor vehicles. Specifically excluded are uses which would be classified as hazardous industries.
"Manufactured home," as defined in this Article.
An area where 10 or more mobile homes or trailers can be
and are intended to be parked, designed or intended to be used as
temporary or permanent living facilities for two or more families.
A plot of ground within a mobile home park, designed to accommodate
one mobile home, and which has water, sewer and electricity available
at the space.
That part of an individual mobile home space which has been
reserved for the placement of the mobile home.
A detached, manufactured unit with a permanent steel chassis
arriving at the site where it is to be used for commercial, professional,
office or general personal service use as a complete unit ready for
occupancy except for minor or incidental unpacking and assembly operations,
location of foundation supports, connections to utilities and the
like; excluding mobile home dwelling and travel trailer.
A building that is manufactured off-site and is transported to the site on which it will be permanently located. It is constructed basically as a conventionally built structure and meets the state requirements for industrialized building unit. The use of the modular unit is restricted within each zoning district to only those uses listed in Article VIII as either a permitted use or a conditional use.
The same as "transient lodging."
NONCONFORMING BUILDINGA building having one or more nonconforming features.
NONCONFORMING FEATUREA feature of a use, as distinguished from the use itself, or a feature of a building, which feature was lawfully existing at the effective date of this chapter or subsequent amendment thereto, and does not conform with the requirements established by this chapter or any amendment thereto. Features of uses or buildings shall be construed to include density, lot area, lot dimensions, yards, open spaces, height, bulk, number of occupants, screening, landscaping, lighting and off-street parking and loading requirements. A building having any such nonconforming feature may be referred to as a nonconforming building.
NONCONFORMING SIGNA sign which was lawfully existing at the effective date of this chapter or subsequent amendment thereto and which does not conform with the area, height, location, placement, type, number or other regulation pertaining to signs set forth in this chapter or subsequent amendment thereto.
NONCONFORMING USEA principal or accessory use of land or of a building, which use was lawfully existing at the effective date of this chapter or subsequent amendment thereto and is not a permitted use under the provisions of this chapter or any amendment thereto.
Structure or location where services or rites are held showing
reverence for a deity.
An activity which fulfills a primary function of an establishment,
institution, household or other entity.
A building which contains the principal activity or use.
Swimming pools, tennis courts and other outdoor recreation
facilities for use primarily by the lot owner.
An area designated for the disposal of solid waste by members
of the general public, operated with a permit granted by and pursuant
to the laws and regulations of the Commonwealth of Virginia and other
applicable authorities.
[Added 5-10-2004]
For purposes of this chapter, "major recreational equipment"
includes boats and boat trailers, travel trailers, tent trailers,
pickup campers or coaches (designed to be mounted on automotive vehicles),
motorized dwellings and the like.
That portion of a lot that is required by the specific district
regulation to be open from the ground to the sky and may contain only
explicitly listed obstructions.
A building or part of a building containing one or more dwelling
units or rooming units, including single-family or two-family houses,
multiple dwellings, boarding or rooming houses or apartment hotels.
However, "residences" do not include:
Such transient accommodations as hotels, motels,
tourist homes or similar establishments.
Dormitories, fraternity or sorority houses,
monasteries, convents or similar establishments containing group living
or sleeping accommodations.
Nursing, rest homes or other sleeping or living
accommodations in community facility buildings or portions of buildings
used for community facilities.
That part of a mixed building used for any nonresidential
purposes, except where such are uses accessory to residential uses.
The A-1 Agricultural/Residential District, the R-1 Medium-Density
Residential District, the R-2 Multifamily Residential District and
the MHP Mobile Home Park Residential District established by this
chapter.
An establishment where food is ordered, prepared and served
for pay.
Buildings for display and retail sale of merchandise or for
the rendering of personal services (but specifically exclusive of
coal, wood and lumber yards), such as the following examples: drugstores,
newsstands, food stores, candy shops, dry goods and notions stores,
antique stores and gift shops, hardware stores, household appliance
stores, furniture stores, optician, music or radio stores, tailor
shops, bakery shops and beauty shops.
An establishment where lodging is provided for compensation
partly on a monthly or longer basis and partly for a shorter time
period, but with less than 30% of the living units under the same
ownership or management on the same lot being occupied on a less than
monthly basis; but excluding institutional living arrangements involving
the provision of specific kinds of forced residences, such as nursing
homes, orphanages, asylums and prisons.
A line running parallel to the street which establishes the
minimum distance the principal building must be setback from the street
line.
Any writing (including letter, word or numeral);
pictorial presentation (including illustration or decoration); emblem
(including device, symbol or trademark); flag (including banner or
pennant); or any other figure of similar character, which:
A sign shall include writing, representation
or other figure of similar character within a building only when illuminated
and located within a window.
The area of a sign area shall consist of the
area occupied by the message portion of the sign, together with all
other elements that form an integral part of the display, including
background, borders and structural trim. The area of a double-faced
sign shall be the area of the largest single face, provided that the
interior angle formed by the two faces does not exceed 30º.
A sign identifying the nature of activity and other pertinent
information for any community facility activity.
A sign indicating pertinent information regarding property
for sale, lease or rent.
An accessory sign which indicates the name and/or address
of the occupant or a permitted home occupation.
A portion of a building between the surface of any floor
and the surface of the floor next above it or, if there is not floor
above it, the space between such floor and the ceiling next above
it, provided that the following shall not be deemed a "story":
A basement or cellar if the finished floor level
directly above it is not more than six feet above the average adjoining
elevation of finished grade.
An attic or similar space under a gable, hip
or gambrel roof, the wall plates or any exterior walls of which are
not more than two feet above the floor of such space.
A publicly maintained right-of-way, other than an alley,
which affords a primary means of access to abutting property. The
word "street" shall include the words "road," "highway" and "thoroughfare."
The property line which bounds the right-of-way set aside
for use as a street. Where sidewalks exist and the location of the
property line is questioned, the edge of the sidewalk farthest from
the traveled street shall be considered as the "street line."
Anything constructed or erected, the use of which requires
a permanent location on the ground or attachment to something having
a permanent location on the ground. This includes but is not limited
to buildings, towers, smokestacks and overhead transmission lines.
A building or a group of buildings in which sleeping accommodations
are offered to the public and intended primarily for rental to transients
with daily charge.
A travel trailer, pickup camper, converted bus, tent-trailer,
tent or similar device used for temporary portable housing or a unit
which:
The purpose for which land or water or a structure thereon
is designed, arranged and intended to be occupied or utilized or for
which it is occupied or maintained.
A written permit issued by the Zoning Administrator required
before occupying or commencing to use any building or other structure
or any lot.
Any use that is under control of a unit of general purpose
government or governmental agency.
Any use of land or water and facilities provided for the
enjoyment of the general public.
Any structure involved in the transport of electricity, water,
sewage or broadcasting.
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 that such variance is
not contrary to the intended spirit and purpose of this chapter and
would result in substantial justice being done.
A completely enclosed structure to be used for the purpose
of storing industrial or commercial goods; an industrial or commercial
warehouse. The following restrictions apply to this type of warehouse:
[Added 6-14-2004]
This warehouse must be located in Industrial
Zoning District.
Units shall be arranged such that loading and
unloading of goods is performed entirely off of public streets and
rights-of-way.
The warehouse is used primarily for the purpose
of supporting industrial operation by storing industrial goods.
Could be used as distribution warehouse.
Paved drive and parking required. Heavy-duty
pavement required where freight trucks travel.
A completely enclosed structure to be used for the purpose
of storing wares, merchandise, or personal goods; not considered an
industrial warehouse. The following restrictions apply to this type
of warehouse:
[Added 6-14-2004]
Located in General Commercial and Core Commercial
Zoning Districts.
[Amended 2-11-2013]
While individual units may be individually or
commercially leased, individual units cannot be used as a means for
operating an individual business.
The structure shall not contain fewer than 10
units.
The maximum size per unit is 500 square feet
of floor area.
Each unit must be self-contained with a door.
No products are to be stored in public view. Outside storage of items
is prohibited.
Units shall be arranged such that loading and
unloading of goods is performed entirely off of public streets and
rights-of-way.
Off-street parking must be supplied at a rate
of one space per 500 square feet of total warehouse area.
Each unit must contain a means of ingress and
egress separate from another unit.
While a sign advertising the structure as a
whole will be allowed, no individual advertising signs are allowed.
Storage of hazardous, toxic, explosive, or illegal
materials is prohibited.
Paved drive and parking required.
Any establishment involved with the sale of merchandise to
retail establishments.
An open space on the same lot with a principal building,
open, unoccupied and unobstructed by buildings from the ground to
the sky except as otherwise provided in this chapter. The measurement
of a yard shall be construed as the minimum horizontal distance between
the lot lines and any part of the building, such as roof overhang.
A yard extending along the full length of a front lot line.
In the case of a corner lot, a yard of at least the full depth required
for a front yard in these regulations, and extending along the full
length of a street line shall be considered a "front yard." At least
two such yards shall be designated for each corner lot; at least one
such yard shall be designated for each through lot.
A yard extending for the full length of a rear lot line.
A yard extending along a side lot line from the required
front yard to the required rear yard. In the case of a corner lot,
any yard which abuts a street line and which is not designated a front
yard shall be considered a "side yard." In the case of a through lot,
side yards shall extend between the required front yards.
A written permit issued by the Zoning Administrator which
is required before commencing any construction, reconstruction, alteration
of any building or other structure or before establishing, extending
or changing any activity or use on any lot.
