TOWN OF THE PLAINS, VIRGINIA
ZONING ORDINANCE
Whereas, by act of the General Assembly of Virginia as provided in Chapter 11, Article 8, Sections 15.1-486 through 15.1-498, Code of Virginia and amendments thereto, the governing body of any municipality may, by ordinance, divide the territory under its jurisdiction into districts of such number, shape and are as it may deem best suited to carry out 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 premises for agricultural, commercial, industrial, residential, flood plain, and other specific uses;
(b)The size, height, area, bulk, location, erection, construction, reconstruction, alteration, repair, maintenance, razing, or removal of structures;
(c)The area 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, including variations in the sizes of lots based on whether a public or community water supply or sewer system is available and used;
(d)The excavation or mining of soils or other natural resources.
Therefore, be it ordained by the Town Council of The Plains, Virginia, for the purpose of promoting the health, safety, and general welfare of the public and of further accomplishing the objectives of Section 15.1-486, that the following be adopted as the zoning ordinance of The Plains, Virginia, together with the accompanying map. This ordinance has been designed (a) to provide for adequate light, air, convenience of access, and safety from fire, flood, and other dangers; (b) to reduce or prevent congestion in the public streets; (c) to facilitate the creation of a convenient, attractive and harmonious community; (d) to facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, airports, and other public requirements; (e) to protect against destruction of or encroachment upon historic area; and (f) to protect against one (1) 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; and (g) to encourage economic development activities that provide desirable employment and enlarge the tax base.
ARTICLE 1 – DISTRICTS
For the purpose of this ordinance, the incorporated area of The Plains, Virginia is hereby divided into the following districts:
Residential DistrictR-1
Residential District R-2
Residential District R-3
Village Center General DistrictVC-1
Village Center Industrial DistrictVC-2
Light Industrial District M-1
ARTICLE 2 – RESIDENTIAL DISTRICT R-1
2.1 D.U./Acre
Statement of Intent: This district is composed of certain quiet, low-density residential areas plus certain open areas where similar residential development appears likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for family life where there are children, and to prohibit all activities of a commercial nature. To these ends, development is limited to relatively low concentration and permitted uses re limited basically to single –unit dwellings providing homes for the residents plus certain compatible uses by special use permit.
2-1USE REGULATIONS
Only one (1) main building and its accessory buildings may be erected on any lot or parcel of land In the Residential District R-1. Structures to be erected or land to be used shall be for the following purposes, and no other.
2-1.1Uses Permitted by Right:
-Single-family detached dwelling units.
-Accessory buildings as defined; however, garages or other accessory buildings such as carports, porches, and stoops attached to the main building shall be considered part of the main building. No accessory building may e closer than five (5) feet to any property line.
-Home gardening.
-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 sewer facilities.
-Sign es subject to Article 10.
2-1.2Uses Permitted by Special Use Permit. The following uses will be permitted upon authorization of Town Council, subject to Article 9, Section 3:
-Parks and playgrounds.
-Schools.
-Churches.
-Libraries.
-Nursing or convalescent homes.
-Keeping of livestock or poultry.
-Home occupations, as defined.
2-2AREA REGULATIONS
The minimum lot area for permitted uses shall be twenty thousand (20,000) square feet. The administrator may require a greater area if considered necessary by the health official.
2-3SETBACK REGULATIONS
Structures shall be located either: A) thirty-five (35) feet or more from any street right-of-way which is fifty (50) feet or greater in width, or sixty (60) feet or more from the center of any street right-of-way less than fifty (50) feet in width or B) at a distance which is the average of the setbacks of the main buildings located on the immediately adjacent lots. This shall be known as the “setback line.”
2-4FRONTAGE REGULATIONS
The minimum lot width at the setback line shall be seventy-five (75) feet or more.
2-5YARD REGULATIONS
2-5-1Side. The minimum side yard for each main structure shall be fifteen (15) feet.
2-5-2Rear. Each main structure shall have a rear yard of thirty-five (35) feet or more.
2-6HEIGHT REGULATIONS
Buildings may be erected up to thirty-five (35) feet in height from the lowest grade, except that:
2-6-1The height limit for dwellings may be increased up to forty-five (45) feet and up to three (3) stories provided each side yard is thirty (30) feet plus one (1) foot or more of side yard for each additional foot of building height over thirty-five (35) feet.
2-6-2A public or semi-public building such as a school, church, or library may b e erected to a height of forty-five (45) 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.
2-6-3Church spires, belfries, cupolas, municipal water towers, chimneys, flues, flagpoles, television antennae, and radio aerials may exceed the building height limit by fifteen (15) feet. Additional height requires approval as authorized by Article 9, Section 3. Parapet walls may be up to four (4) feet above the height of the building on which the walls rest.
2-6-4No accessory building which is within twenty (20) feet of any party lot line shall be more than one (1) story high. All accessory buildings shall be less than the main building in height.
2-7SPECIAL PROVISIONS FOR CORNER LOTS
2-7-1Of the two (2) sides of a corner lot, the front shall be deemed to be the shortest of the two (2) sides fronting on streets.
2-7-2The side yard on the side facing the side street shall be thirty-five (35) feet or more for both main and accessory building except as shown otherwise on setback map.
2-7-3For subdivisions platted after the enactment of this ordinance, each corner lot shall have a minimum width at the setback line of seventy-five (75) feet or more.
ARTICLE 3 – RESIDENTIAL DISTRICT R-2
2.9 D.U./Acre
Statement of Intent: This district is composed of certain low-to-medium concentrations of residential uses plus certain open areas where similar development appears likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage, insofar as compatible with the intensity of land use, a suitable environment for family life composed of an adult population with children. To these ends, development is limited to low-to-medium concentration and permitted uses are limited basically to single-unit- dwellings plus certain compatible uses by special uses permit.
3-1USE REGULATIONS
Only one(1) building and its accessory buildings may be erected on any lot or parcel of land in the Residential District R-2. Structures to be erected or land to be used shall be for the following purposes and no other.
3-1.1Uses Permitted by Right:
-Single family detached dwelling units.
-Off-street parking as required by this ordinance.
-Accessory buildings permitted as defined; however, garages or 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 five (5) feet to any property line.
-Public utilities: poles, lines, distribution transformers, pipes, meters, and other facilities necessary for the provision and maintenance of public utilities including water and sewerage systems.
-Signs subject to Article 10.
3-1.2Uses Permitted by Special Use Permit. The following uses will be permitted upon authorization of Town Council, subject to Article 9, Section 3.
-Schools
-Churches.
-Professional offices.
-Parks and playgrounds.
-Two-family dwellings (duplexes).
-Townhouses, maximum 4 units per gross acre.
-Libraries.
-Rooming and boarding houses.
-Home occupations, as defined.
-Swim and tennis clubs.
-Hospitals and clinics.
-Rest and convalescent homes.
-Clubs and lodges.
-Keeping of livestock or poultry.
3-2AREA REGULATIONS
The minimum lot area for single permitted uses shall be fifteen thousand (15,000) square feet, plus five thousand (5,000) square feet for each additional dwelling unit, not to exceed 4 dwelling units per gross acre.
3-3SETBACK REGULATIONS
Structures shall be located either: a) thirty-five (35) feet or more from any street right-of-way which is fifty (50) feet or greater in width, or sixty (60) feet or more from the center of any street right-of-way less than fifty (50) feet in width, or (b) at a distance which is the average of the setbacks of the main buildings located on the immediately adjacent lots provided that the setback is not less than ten (10) feet. This shall be known as the “setback line.”
3-4FRONTAGE REGULATIONS
For permitted uses, the minimum lot width at the setback line shall be seventy-five (75) feet or more.
3-5YARD REGULATIONS
3-5-1Side. The minimum side yard for each main structure shall be ten (10) feet.
3-5-2Rear. Each main structure shall have a rear yard of twenty-five (25) feet or more.
3-6HEIGHT REGULATIONS
Buildings may be erected up to thirty-five (35) feet in height from the lowest grade, except that:
3-6-1The height limit for dwellings may be increased up to forty-five (45) feet and up to three (3) stories provided each side yard is twenty (20) feet, plus one (1) foot or more of side yard for each additional foot of building height over thirty-five (35) feet.
3-6-2A public or semi-public building such as a school, church, or library 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 in height over thirty-five (35) feet.
3-6-3Church spires, belfries, cupolas, municipal water towers, chimneys, flues, flagpoles, television antennae, and radio aerials may exceed the building height limit by fifteen (15) feet. Additional height requires approval as authorized by Article 9, Section 3. Parapet walls may be up to four (4) feet above the height of the building on which the walls rest.
3-6-4Accessory buildings over one (1) story in height shall be at least ten (10) feet from any lot line. All accessory buildings shall be less than the main building in height.
3-7SPECIAL PROVISIONS FOR CORNER LOTS
3-7-1Of the two (2) sides of a corner lot, the front shall be deemed to be the shortest of the two (2) sides fronting on streets.
3-7-2The side yard on the side facing the side street shall be twenty-five (25) feet or more for both main and accessory building except as shown otherwise on setback map.
3-7-3For subdivisions platted after the enactment of this ordinance, each corner lot shall have a minimum width at the setback line of seventy-five (75) feet or more.
ARTICLE 4 – RESIDENTIAL DISTRICT R-3
4.4 D.U./Acre
Statement of Intent: This district is composed of certain medium concentrations of residential uses located between lower residential and commercial areas plus certain open areas where similar development seems likely to occur. The regulations of this district are designed to stabilize and protect the area while at the same time allowing compatible changes to occur in an effort to ensure that the use of these areas is economically feasible.
4-1USE REGULATIONS
In Residential District R-3, structures to be erected or land to be used shall be for one (1) or more of the following purposes, and no other.
4-1.1Uses Permitted by Right:
-Single-family detached dwelling units.
-Two-family dwelling units.
-Three-family dwelling units.
-Four-family dwelling units.
-Townhouses, maximum 8 units per gross acre.
-Rooming and boarding houses.
-Home occupations as defined, conducted by the occupant.
-Off-street parking as required by this ordinance.
-Accessory buildings permitted as defined; however, garages or 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 shall be closer than five (5) feet to any property line.
-Public utilities: poles, lines, distribution transformers, pipes, meters, and other facilities necessary for the provision and maintenance of public utilities including water and sewer facilities.
-Signs subject to Article 10.
4-1.2Uses Permitted by Special Use Permit. The following uses will be permitted upon authorization of Town Council, subject to Article 9, Section 3.
-Schools.
-Parks and playgrounds.
-Churches.
-Professional offices.
-Hospitals and clinics.
-Rest and Convalescent homes.
-Keeping of livestock or poultry.
4-2AREA REGULATIONS
The minimum lot area for permitted uses shall be ten thousand (10,000) square feet plus three thousand (3,000) square feet for each additional dwelling unit. The administrator may require greater area if considered necessary by the health official.
4-3SETBACK REGULATIONS
Structures shall be located either: a) thirty-five (35) feet or more from any street right-of-way which is fifty (50) feet or greater in width, or sixty (60) feet or more from the center of any street right-of-way less than fifty (50) feet in width, or b) at a distance which is the average of the setbacks of the main buildings located on the immediately adjacent lots. This shall be known as the “setback line.”
4-4FRONTAGE REGULATIONS
For permitted uses, the minimum lot width at the setback line shall be sixty (60) feet or more; and for each additional dwelling unit or lot width at the setback line.
4-5YARD REGULATIONS
4-5-1Side. The minimum side yard for each main structure shall be ten (10) feet.
4-5-2Rear. Each main structure shall have a rear yard of twenty-five (25) feet.
4-6HEIGHT REGULATIONS
Buildings may be erected up to thirty-five (35) feet in height from the lowest grade, except that:
4-6-1The height limit for structures may be increased up to forty-five (45) feet and up to three (3) stories provided each side yard is ten (10) feet, plus one (1) foot of side yard for each additional foot of building height over thirty-five (35) feet.
4-6-2A public or semi-public building such as a school, church, 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.
4-6-3Church spires, belfries, cupolas, monuments, municipal water towers, chimneys, flues, flagpoles, television antennae, and radio aerials may exceed the building height limit by fifteen (15) feet. Additional height requires approval as authorized by Article 9, Section 3. Parapet walls may be up to four (4) feet above the height of the building on which the walls rest.
4-7SPECIAL PROVISIONS FOR CORNER LOTS
4-7-1Of the two (2) sides of a corner lot, the front shall be deemed to be the shortest of the two (2) sides fronting on streets.
4-7-2The side yard on the side facing the side street shall be twenty (20) feet or more for both main and accessory building except as otherwise shown on the setback map.
ARTICLE 5 – VILLAGE CENTER GENERAL DISTRICT VC-1
Statement of Intent: This district provides primarily for the orderly development of the commercial area of The Plains. The district covers that portion of the community intended for the conduct of general business to which the public requires frequent access and is characterized by some heavy traffic and by noise and congestion of people and passenger vehicles.
5-1USE REGULATIONS
In Village Center General District VC-1, structures to be used shall be for one (1) or more of the following purposes, and no other.
5-1.1Uses Permitted by Right:
-Retail stores and shops, general stores (limited to five thousand (5,000) square feet of floor sales area or less).
-Professional offices.
-Bakeries.
-Drycleaners.
-Laundries.
-Wearing apparel stores.
-Churches.
-Banks and financial institutions.
-Theaters, assembly halls.
-Parks and playgrounds.
-Public buildings.
-Public utilities.
-Off-street parking as required by this ordinance.
-Non-fee parking lots.
-Signs subject to Article 10.
5-1.2Uses Permitted by Special Use Permit. The following uses will be permitted upon authorization of Town Council, subject to Article 9, Section 3.
-Restaurants.
-Service stations (with major repair under cover).
-Motels, hotels.
-Clubs, lodges.
-Commercial recreational facilities.
-Dwelling units, subject to all R-3 regulations.
-Schools.
5-2AREA REGULATIONS
None, except for permitted uses utilizing individual sewage disposal systems; the required area for any such use shall be approved by the health official.
5-3FRONTAGE AND YARD REGULATIONS
For permitted uses, the minimum side yard or rear yard adjoining or adjacent to a residential district shall be twenty-five (25) feet; and off-street parking shall be in accordance with the provisions contained herein.
5-4HEIGHT REGULATIONS
5-4-1Buildings may be erected up to forty-five (45) feet in height from the lowest grade.
5-4-2Church spires, belfries, cupolas, monuments, cooling towers, municipal water towers, chimneys, flues, flagpoles, television antennae, and radio aerials may exceed the building height limit by fifteen (15) feet. Additional height requires approval as authorized by Article 9, Section 3. Parapet walls may be up to four (4) feet above the height of the building on which the walls rest.
5-5REQUIREMENTS FOR PERMITTED USES
Before a building permit shall be issued or construction commenced on any permitted use in this district or a permit issued for a new one, detailed site 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 recommendations. Modification of the plans may be required. (See Site Plan Ordinance, Article 17.)