THE TOWN OF
Date:
PREAMBLE
Section 1 TITLE AND DEFINITIONS
The regulations contained in the following Articles constitute the "Zoning Ordinance of
Section 2 PURPOSE AND INTENT
These regulations are promulgated for the specific and implied purposes as set forth in Article 9, Chapter 22, Title 15.2 of the 1950 Code of Virginia, as amended, including the implementation of the adopted Comprehensive Plan, and the goals contained therein. Further, the governing body of the Town of Washington, Virginia has found that the public necessity, convenience, general welfare, and good zoning practice have required that this amended zoning ordinance of
Section 3 MINIMUM REQUIREMENTS
In interpreting and applying the provisions of this ordinance, said provisions shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity, or general welfare. It is not the intent of this ordinance to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this ordinance imposes a greater restriction upon the use and dimensions of buildings or premises, or requires larger open space than is required by other ordinances, rules, regulations or by easements, covenants or agreements, the provisions of this ordinance shall govern, except where expressly qualified in the Articles that follow.
ARTICLE 1
CREATION OF ZONING DISTRICTS
1-1 No uses, practices, and structures may be employed or constructed within the Town of Washington except those which are specifically permitted by this Ordinance within any Zoning District, either as non-conforming uses or structures, "by right", or by Special Use Permit. There are hereby created four zoning districts within the Town as follows:
1-1-1 VILLAGE RESIDENTIAL (VR)
1-1-2 VILLAGE MIXED USE (VM)
1-1-3 VILLAGE SERVICES (VS)
1-1-4 RURAL RESIDENTIAL (RR)
1-2 The areas of the Town which comprise each of the districts referred to in 1-1-1, 1-1-2, 1-1-3, and 1-1-4 above are as set forth on the map attached hereto and made a part hereof, or as shown on any properly amended map subsequent to this amendment.
1-3-1 The following uses are permitted by right in every zoning district (Commercial, Craft and Office uses shall submit a Development Plan in accordance with Article II):
a. Single-family residences
b. Non-commercial beekeeping
c. Orchards, gardens & vineyards
d. Making of cider and/or wine
e. Keeping of no more than three dogs per dwelling unit
1-3-2 VILLAGE RESIDENTIAL
a. Temporary signs and non-commercial signs no larger than six square feet
1-3-3 VILLAGE MIXED USE
a. Temporary signs and non-commercial signs no larger than six square feet, and signs for permitted commercial use no larger than 15 square feet
b. Retail uses of less than 1000 square feet in an existing retail space
c. Craft occupations in an existing retail space
1-3-4 VILLAGE SERVICES
a. Temporary signs and non-commercial signs no larger than six square feet, and signs for permitted commercial uses no larger than 15 square feet
b. Retail uses of less than 1000 square feet in an existing retail space
c. Craft occupations in an existing retail space
d. Public buildings for offices, courtrooms, meeting rooms, jails
e. Offices in buildings of not more than two stories above ground with not more than 1000 square feet on the ground floor
1-3-5 RURAL RESIDENTIAL
a. Temporary signs and non-commercial signs no larger than six square feet, and signs for permitted commercial uses no larger than 15 square feet
b.
Agricultural and forestry uses and structures, including the keeping of farm animals, except swine, and except for structures exceeding 200 square feet for the commercial raising of poultry.
1-4 USES BY SPECIAL PERMIT
The following uses shall be permitted subject to all the other requirements of this ordinance, including the General Standards of 6-1-1 and the Additional Standards of Section 6-1-2, only upon obtaining a Special Use Permit from the Town Governing Body as provided in Article 6.
All uses requiring a Special Use Permit shall be governed by the requirements of Article II and Article VI, and applicants shall prepare and submit a development plan.
1-4-1 The following uses may be permitted by Special Use Permit in every zoning district:
a. Two family residences
b. Public utilities
c. Schools, parks and/or playgrounds
d.
Accessory apartment
e. Setback exception
f. Height exception
g. Package sewage treatment plants
h. Adaptive re-use of existing structures
i. Sewage treatment facilities and accessory buildings
j. Amplified external music or sound.
a. Bed and Breakfast establishments
1-4-3 VILLAGE MIXED USE
a. Multi-family dwelling
b. Museums
c. A retail use of less than 1,000 square feet in a structure converted from non-retail use(s), or in a new structure constructed with retail use of less than 1,000 square feet on an un-developed lot.
d. Retail uses greater than 1000 square feet in an existing retail location
e. Bed and Breakfast establishments
f. Hotels and restaurants
g. Houses of Worship
h. Commercial signs larger than 15 square feet
i. Public libraries
1-4-4 VILLAGE SERVICES
a. Retail uses of greater than 1000 square feet in an existing retail location
b.
A retail use of less than 1,000 square feet in a structure converted from non-retail use(s), or in a new structure constructed for retail use of less than 1,000 square feet on an un-developed lot.
c. Bed and Breakfast establishments
d. Clubs and lodges civic, fraternal, or patriotic, with bona fide membership
e. Hotels
f. Restaurants
g. Museums
h. Houses of Worship
i. Offices in buildings of not more than two stories above ground and not more than 1600 square feet on the ground floor
j. Commercial signs larger than 15 square feet
k. Craft occupations in other than existing retail space
l. Public libraries
1-4-5 RURAL RESIDENTIAL
a. Home industries
b. Utilities
c. Agricultural production, packing, processing and storage
d. Houses of worship
e. Public libraries
f. Bed and Breakfast establishments
g. Commercial signs larger than 15 square feet
h. Wayside markets
i. Commercial beekeeping
1-5 GENERAL PROVISIONS APPLICABLE TO ALL DISTRICTS
1-5-1 Public fairs may be permitted for defined times with such conditions as the Town Governing Body may require or impose by resolution of the Town Governing Body, upon a determination by a majority of the members that:
a. Adequate insurance or like surety is in place to handle any liability attaching to the Town's residents
b. The fair/carnival/event is in the best interests of the Town of Washington residents and businesses
c. No unreasonable imposition on business and residents of the area will result
d. Adequate public services exist to serve the expected attendees, and
e. Provisions are in place to handle clean up and replacement of any damaged Town property.
1-5-2.1 The Governing Body may renew, or alter the terms of, or cancel for good cause,
a previously issued Special Use Permit, even if such use is not presently allowed
in that district, but it may not expand such use unless the provisions
of this ordinance, as amended, allow such expansion.
1-5-3 SIGNS
a. No signs will be allowed with interior illumination of any sort whatsoever.
b. For a single commercial enterprise, the total area of all signs, to exclude service or directional signs, daily signs, and political signs, shall not exceed twenty-five square feet.
c. No sign shall be erected on the roof of any structure, nor may any sign protrude above the lower edge of a roof, except by Special Use Permit. Signs that are placed on, project onto, or are suspended over a public right-of-way may be subject to the regulations of the Virginia Department of Transportation, and may not impede the passage of vehicular and/or pedestrian traffic.
d. All signs, other than political signs, and signs described in "e" below, shall be subject to the Town's Historic District Ordinance.
e. All signs mandated by the Building Code or the American with Disabilities Act (ADA) or other Federal or State legislation, shall be exempt from these regulations to the extent mandated by law. Signs related to parking or traffic control shall comply, where possible, with standards in use by the Virginia Department of Transportation.
1-5-4 Properties currently and wholly owned by the Town of Washington shall be exempt from the provisions of this Ordinance for any use or purpose made of them by the Governing Body. Properties owned by the Town but let to any other governmental entity or private individual or group for a term of more than seven days shall comply with the provisions of this Ordinance.
1-5-5 No external amplified sound or music shall be allowed in any district except by Special Use Permit.
ARTICLE II
2-1 Where uses are permitted under the terms of this ordinance by right, by special use permit or otherwise, the following requirements shall be observed unless waived by the Governing Body.
2-1-1 Public Utilities (other than existing overhead wires, poles, and guys, and other than those overhead wires and guys which are subsequently allowed by Special Use Permit), parking lots abutting residential uses, non-portable outside heating and air-conditioning equipment, fuel tanks, satellite dishes, and more than one inoperable motor vehicle on a lot must be planned to be screened, from view from any public highway or from adjoining property by natural vegetation or such other method. These plans should be approved by the Architectural Review Board.
2-1-2 Prior to the issuance of any building permit for any non-residential facility, a detailed plan of development shall be submitted to the Administrator. Development plans shall be prepared to a scale of one-inch equals one hundred feet or larger, the sheet or sheets shall be no larger than 24 inches by 36 inches. Six clearly legible blue or black line copies of a development shall be submitted to the Administrator.
2-1-3 REQUIRED INFORMATION: Every such plan shall contain the following information:
a. Location, type, and size of vehicular entrance to the site
b. All off-street parking, loading spaces and walkways, indicating type of surfacing, size, angle or stalls, width of aisles and a specific schedule showing the number of parking spaces provided and the number required in accordance with Article 5
c. Number of floors, floor area, height and location of each building and proposed general use for each building
d. All existing and proposed water and sewer and drainage facilities, indicating all pipe sizes, types and grades
e. In cases of new construction or exterior alteration of existing construction, proposed finished grading by contours supplemented where necessary by spot elevations
f. All horizontal dimensions shown on the site plan shall be in feet and decimals of a foot to be closest to 1/10 of a foot
2-1-4 PROCEDURE FOR PREPARATION, PROCESSING AND DECISION
a. All development plans which are appropriately submitted and conform to standards and requirements set forth in this ordinance shall be approved by the Administrator after having been reviewed and recommended for approval, relative to:
1. The location and design of vehicular entrances and exits in relation to streets giving access to the site and in relation to pedestrian traffic
2. The concurrence of the Virginia Department Of Transportation for the location and design of the vehicular entrances and exits to and from state maintained streets and highways
3. Location and adequacy of automobile parking areas
4. Adequate provision for traffic circulation and control within the site and providing access to adjoining property
5. Compliance with the requirements of this ordinance for setbacks and screening
6. Adequacy of drainage, water supply, fire protection and sanitary sewer facilities, and, when required, proper provision to minimize pollution of the streams, or air
7. Compliance with any applicable established design criteria, construction standards and specifications for all improvements required by a duly adopted resolution by the Town governing body
b. The Virginia Department of Health, or its agents, must approve the development plan for sewage disposal facilities.
c. Any person aggrieved by any decision of the Administrator may, within 30 days of such decision appeal to and have a determination made by the Board of Zoning Appeals pursuant to Article VII this ordinance. Any applicant or adjoining property owner who is aggrieved by a decision of the Town Governing Body may appeal to the Circuit Court of Rappahannock County in accordance with Article VII of this ordinance.
d. Approval of a development plan submitted under the provisions of this ordinance shall expire one year after the date of such approval unless building permits have been obtained for construction in accordance therewith. The applicant may be given a single one-year extension upon written request to the Administrator made within 90 days before the expiration of the approved development plan. The Administrator shall acknowledge the request and shall make a decision regarding the requested extension within 35 days after receipt of the request. An extension may be given for good cause shown by the applicant.
e. No permit shall be issued for any structure in any area covered by the development plan that is required under the provisions of this ordinance, except in conformity to such development plan that has been duly approved.
f. Upon satisfactory completion of the installation of required improvements as shown on the approved development plan or a section thereof, the developer shall submit to the Administrator six certified copies of an "as built" development plan one week prior to anticipated occupancy of any building, for the review and approval for conformity with the approved development plan by the appropriate Town Officials as designated in this section.
a. Any development plan may be revised in the same manner as originally approved.
b. Any requirement of this article may be waived by the Administrator or the Governing Body in specific cases where such requirement is found to be unreasonable and such waiver will not adversely affect the purposes of this article.
c.
The Town governing body, by resolution, may establish or change from time to time a schedule of fees for the examination and approval of development plans and the inspection of all required improvements included in such plans. Such fee shall be payable to the Treasurer of the Town of
Any person, whether as owner, lessee, principal, agent, employer or otherwise, who violates any of the provisions of this ordinance or permits any such violation or fails to comply with any of the requirements hereof or who erects any building or uses any building or any land prior to the approval of an "as built" development plan by the Administrator, shall be guilty of a misdemeanor and upon conviction thereof, shall be subject to a fine of not less than $10 nor more than $1,000. If the violation is uncorrected at the time of 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 reprove 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 $10 nor more than $1,500 per Section 15.2-2286 A.5 of the 1950 Code of Virginia, as amended.
These penalties shall be in addition to the remedies set forth in Article VII.
ARTICLE III
3-1 CONTINUATION
3-1-1
If at the time of enactment of this ordinance in 1982 and the enactment of any amendments thereto any legal activity is being pursued, or any lot or structure is legally utilized in a manner or for a purpose which does not conform to the provisions of this ordinance, such manner of use or purpose may be continued as herein provided.
3-2 REPAIRS AND MAINTENANCE
On any building devoted in whole or in part to any non-conforming use, work may be done on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing provided that there will be no increase in the cubic content of the structure as it existed at the time of passage or amendment of this ordinance. Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting the public safety upon order of such official; however, no structural alterations may be made to a non-conforming building that will in any way make the setback of such building less than that required by the provisions of this ordinance.
3-3 CHANGES IN ZONING DISTRICT BOUNDARIES
Whenever the boundaries of a zoning district are changed, any uses of land or buildings that become non-conforming as a result of such change shall become subject to the provisions of this Article.
3-4 EXPANSION OR ENLARGEMENT
3-5 RESTORATION OR REPLACEMENT
3-5-1 A non-conforming building or a building in which a non-conforming use is conducted that is destroyed or damaged by any casualty may be restored, up to its original size, within two years after such destruction or damage, if approved by the appropriate Town authorities. In extenuating circumstances, the two-year period may be extended by Town Council.
3-6 NON-CONFORMING LOTS
The BZA may consider granting a variance to these requirements only if adjacent lots are under separate ownership on the effective date of this ordinance, or the lots have been legally approved and recorded prior to 1986.
3-7 NON-CONFORMING STRUCTURES
Structures which are non-conforming by reason of not meeting minimum yard requirements may be expanded in a minimum yard area where the addition encroaches on such yard a distance equal to or less than did the structure on the effective date of this ordinance.
4-1
It shall be unlawful for a mobile home to be stored, placed, or parked, on any property in the Town of
4-2 Travel trailers and recreational vehicles not being used as dwellings for habitation may be stored or kept within the Town, so long as no more than one such travel trailer or recreational vehicle is stored or kept on a lot.
4-3
It shall be unlawful for mobile homes, travel trailers, recreational vehicles, or temporary structures to be used as a dwelling, living quarters, storage facility, or place of business in the Town of
ARTICLE V
5-1 AREA, SETBACK, HEIGHT AND DENSITY REGULATIONS
The minimum lot area setback & height requirements for permitted uses shall be:
VR VMU VS RR
(In acres):
*The
Density: No more than one dwelling per lot
Front Yard: The setbacks shall be 45' from the centerline of the road on Route 622, Route 626, Route 628, Route 522, and Route 211 unless reduced by Special Use Permit. On all other roads, the setback shall be 35' from the centerline of the road unless reduced by Special Use Permit. In cases where a property is served by a private right-of-way, measurements shall be taken from the property line that constitutes the front property line.
Side Yard: 15' 15' 15' 15'
Rear Yard: 30' 30' 30' 30'
Height: 35' 35' 35' 35'
5-2 ADDITIONAL YARD REGULATIONS
5-3 ADDITIONAL HEIGHT REGULATIONS
5-3-2 A public building, church, or library may be erected to a height of 45' from grade without recourse to a height exception, provided that required front, side and rear yards shall be increased one foot for each foot in height over 35'.
5-4 ACCESSORY STRUCTURES
5-5 SPECIAL PROVISIONS FOR CORNER LOTS
5-6 BUILDING PERMITS
5-6-5 No Buil