HomeMy WebLinkAbout2019-12Ordinance 2019-12
Ordinance Amending the Zoning Ordinance
for the
Town of Pulaski, Virginia
ADOPTED: December 3, 2019
EFFECTIVE: December 3, 2019
I, David N. Quesenberry, Clerk of the Council, of the Town of Pulaski Virginia, do
hereby certify that the forgoing Ordinance 2019-12, "Ordinance Amending the Zoning
Ordinance for the Town of Pulaski, Virginia" is a true and correct copy of the Ordinance
set out and adopted by the recorded vote of the Town Council of Pulaski, Virginia on
December 3, 2019.
David N. Quesenberry
Clerk of Council
Ordinance 2019-12
Ordinance Amending the Zoning Ordinance
for the
Town of Pulaski, Virginia
WHEREAS, the Town Council of the Town of Pulaski, Virginia determined that a review of the
Town Zoning Ordinance with respect to the definition of and location of medical and treatment
facilities within the Town was necessary to further the best interests of the community and to
bring the Town's zoning regulations and ordinances into conformity with currently accepted
zoning practices, statutory laws and court rulings from the state and national governments; and,
WHEREAS, following a review of the zoning ordinance, the Planning Commission conducted a
duly noticed public hearing on November 12, 2019, recommending that the Town Council
approve the proposed amendments to the Town of Pulaski Zoning Ordinance: and,
WHEREAS, the Town Council of the Town of Pulaski, Virginia conducted a public hearing on
December 3, 2019 receiving both the Planning Commission's recommendation and public
comments in reference to the proposed amendments to the Town of Pulaski Zoning Ordinance;
NOW, THEREFORE be it ORDAINED by the Town Council of the Town of Pulaski, Virginia,
sitting in regular session this 3rd day of December 2019 that the Zoning Ordinance of the Town
of Pulaski, adopted March 4, 2003 is hereby amended as shown in Attachment A -Ordinance
2019-12 affixed hereto and expressly made part of this ordinance.
This ordinance is effective upon adoption and is hereby adopted this 3rd day of December 2019
by the duly recorded vote of the Town Council of the Town of Pulaski, Virginia as follows:
Lane R. Penn
-Aye
Joseph K. Goodman
-Aye
Brooks R. Dawson
-Aye
G. Tyler Clontz
-Aye
Gregory C. East
-Aye
James A. Radcliffe
-Aye
TH N OF LASKI INIA
Y:
avid L. Clark
Mayor
ATTEST
avid N. Quesenberry
Clerk of Council 7
Attachment A -Ordinance 2019-12
Zoning Ordinance Section
District
Description of Amendment
4.1.2-2.3 (c)
Rural Residential
Delete term "medical clinic";
replace with term "heath center'
under Rural Residential Special
Exceptions.
4.2.2-2.2 (c)
R-1 Single Family Residential
Delete term "medical clinic";
District
replace with term "heath center'
under R-1 Special Exceptions.
4.3.4-1.6 (d)
R-2 Two Family Residential
Delete term "medical clinic";
District
replace with term "heath center"
under R-2 Special Exceptions.
4.4.2-2.9 (e)
R-3 Multi -Family Residential
Delete term "medical clinic";
District
replace with term "heath center'
under R-3 Special Exceptions.
4.8.2-2.1 (i)
B-1 Limited Business District
Delete term "medical clinic";
replace with term "heath center'
under B-1 Special Exceptions.
4.9.2-1.1 (q)
B-2 General Business District
Delete term (q) "medical offices"
from B-2 Permitted Uses.
4.9.2-2.2 (m)
B-2 General Business District
Delete term (m) "pain
management clinics"; add term
(m) "Towers more than 50 feet
in accordance with Section 5.2
of these regulations"
4.9.2-2.2 (n)
B-2 General Business District
Add term (n) "Hospital or health
center' to B-2 Special
Exceptions.
4.10.2-1.2 (s)
B-3 Central Business District
Delete item (s) "medical office"
under B-3 Permitted Uses.
Renumber uses from "s" to "cc".
4.10.2-2.1 (1)
B-3 Central Business District
Renumber "(1) for retail use and
services" in B-3 Special
Exception .
4.10.2-2.1 (m)
B-3 Central Business District
Add (m) "Hospital or health
Center' to B-3 Special
Exceptions.
Section 11.2
Definitions
Add definition for "hospital'.
Delete terms "chronic pain;
chronic nonmalignant pain;
controlled substances; hospital
special care; medical clinic;
outpatient mental health and
substance abuse clinic; pain;
pain management clinic; truck
terminal 2nd definition".
Attachment A -Ordinance 2019-12; Page 2 Amendment to Section 4.1.2-2.3 (c)
Town of Pulaski Zoning Ordinance
primary residence on the property. No structure shall be placed past the front
setback line or in the required front yard of a residence.
iii. All acreage used for the care and confinement for grazing animals permitted
under this ordinance shall be fenced with lawful fencing as defined in Code of
Virginia, 1950 as amended, §55-299 and in conformity with rulings on fencing
issued by the Virginia Board of Agriculture and Consumer Services.
3. Civic and Miscellaneous Uses.
a. Houses of Worship.
General standard:
i. No recreational facility shall be located closer than fifty (50) feet from any
residential lot.
b. Utility Service, Minor.
c. Towers less than 50 feet in accordance with Sec. 5.2 of these regulations.
SEC. 4.1.2-2 SPECIAL EXCEPTIONS
The following uses, subject to or limited by conditions, may be permitted by special exception in the
Rural Residential (RR) District:
1. Residential Uses.
a. Family day care homes {serving six (6) to twelve (12) children or adults}.
2. Agricultural Uses.
a. Special agriculture consisting of those intensive agricultural operations commonly
known as confinement operations where large numbers of animals or fowl are
confined to a relatively small space including such operations as hog, veal and poultry
pens or houses, feedlots for beef animals, hogs, sheep and other animals, and dairy
farming operations.
3. Commercial and Civic Uses.
a. Convalescent homes, nursing homes or assisted living facilities.
b. Utility Service, Major.
c. Hospital or ffiedieed elimieshealth center.
d. Schools.
e. Public Service facility
f. Public or private parks, recreation not including those which have been approved as
a part of subdivision plan.
g. Private club or lodges including recreational uses or facilities.
4. Miscellaneous Uses.
a. Cemeteries.
b. Columbarium.
c. Towers more than 50 feet in height in accordance with Sec. 5.2 of these regulations.
d. Stable for keeping of horses, ponies or other livestock as a business, provided that
any building for keeping of animals shall be located at least 100 feet from any side
Page 10
Attachment A -Ordinance 2019-12; Page 3 Amendment to Section 4.2.2-2.2 (c)
Town of Pulaski Zoning Ordinance
c. Hospital or health center.
d. Schools.
e. Public Service facility.
f. Private clubs and lodges including recreational uses or facilities.
3. Miscellaneous Uses.
a. Cemeteries.
b. Towers more than 50 feet in height in accordance with Sec. 5.2 of these regulations.
c. Columbarium.
SEC. 4.2.2-3 ACCESSORY USES
Uses and structures which are on the same lot and of a nature customarily incidental and subordinate to
the principal building structure or use. Uses and structures which are in keeping with the character of the
district.
1. Home occupations provided that a permit is obtained. This Ordinance uses a permit
approach to regulate home occupations. The use of permits is to ensure compatibility of
home occupations with surrounding residential uses. The Administrator may request advice
from the Planning Commission as appropriate.
2. Living quarters in the main structure of persons employed on the premises;
3. Recreational vehicles and trailers shall be stored away from public streets and are be
prohibited from occupancy;
4. Temporary buildings for uses incidental to construction work, such buildings shall be
removed within 15 days of the issuing of the Certificate of Occupancy or abandonment
of the construction work and shall not remain in the property for more than two (2) years.
5. No accessory building shall be constructed upon a lot for more than six months prior to
beginning construction of the main building and no accessory building shall be used for
more than six months unless the main building on the lot is also being used or unless the
main building is under construction. No accessory building shall be used as a dwelling.
6. Swimming pool associated with a private residence.
7. Temporary family health care structures as set forth in Code of Virginia 15.2-2292.1 as
follows:
a. Temporary family health care structures (i) for use by a caregiver in providing care
for a mentally or physically impaired person and (ii) on property owned or occupied
by the caregiver as his residence as a permitted accessory use in any single-family
residential zoning district on lots zoned for single-family detached dwellings. Such
structures shall not require a special use permit or be subjected to any other local
requirements beyond those imposed upon other authorized accessory structures,
except as otherwise provided in this section. Such structures shall comply with all
setback requirements that apply to the primary structure and with any maximum floor
area ratio limitations that may apply to the primary structure. Only one family health
care structure shall be allowed on a lot or parcel of land.
b. (For purposes of this section:
Page 16
Attachment A -Ordinance 2019-12; Page 4 Amendment to Section 4.3.4-1.6 (d)
Town of Pulaski Zoning Ordinance
C. Utility Service, Major.
d. Hospital or medieel elimi-ehealth center.
e. Schools, colleges, universities or pre-schools.
f. Radio, communications, or television transmission or receiving tower more than 50 feet
in height.
g. Private clubs and lodges including recreational uses or facilities.
h. Public Service facility.
7. Miscellaneous Uses.
a. Cemeteries
b. Columbarium.
c. Towers more than 50 feet in height in accordance with Sec. 5.2 of these regulations.
SEC.4.3.4-2 ACCESSORY USES
Uses and structures which are on the same lot and of a nature customarily incidental and subordinate to
the principal building structure or use. Uses and structures which are in keeping with the character of the
district.
1. Home occupations provided that a permit is obtained. This Ordinance uses a permit
approach to regulate home occupations. The use of permits is to ensure compatibility of
home occupations with surrounding residential uses. The Administrator may request advice
from the Planning Commission as appropriate.
2. Living quarters in the main structure for persons employed on the premises;
3. Recreational vehicles and trailers shall be stored away from public streets and are
prohibited from occupancy;
4. Satellite dish antenna not extending beyond the buildable area;
5. Temporary buildings for uses incidental to construction work. Such buildings shall be
removed within 15 days of the issuing of the Certificate of Occupancy or abandonment
of the construction work and shall not remain in the property for more than two (2) years.
b. No accessory building shall be constructed upon a lot for more than six months prior to
beginning construction of the main building and no accessory building shall be used for
more than six months unless the main building on the lot is also being used or unless the
main building is under construction. No accessory building shall be used as a dwelling.
7. Swimming pool associated with a private residence.
8. Temporary family health care structures as set forth in Code of Virginia 15.2-2292.1 as
follows:
a. Temporary family health care structures (i) for use by a caregiver in providing
care for a mentally or physically impaired person and (ii) on property owned
or occupied by the caregiver as his residence as a permitted accessory use in
any single-family residential zoning district on lots zoned for single-family
detached dwellings. Such structures shall not require a special use permit or
be subjected to any other local requirements beyond those imposed upon other
authorized accessory structures, except as otherwise provided in this section.
Pnae 21
Attachment A -Ordinance 2019-12; Page 5 Amendment to Section 4.4.2-2.9 (e)
Town of Pulaski Zoning Ordinance
b. Rooming and boarding houses.
9. Commercial and Civic Uses.
a. Administrative Services
b. Bed and breakfast facility.
c. Convalescent homes, rest homes, nursing homes or assisted living facilities.
d. Cultural Services.
e. Hospital or fnedical cliniehealth center.
f. Schools, colleges, universities or pre-schools.
g. Professional and business offices.
h. Public Service Facility.
i. Private clubs and lodges including recreational uses or facilities.
j. Guest houses, accessory storage, accessory off-street parking and loading spaces, and
accessory signs.
k. Keeping and boarding of horse, by therapeutic schools for minors, residential and non-
residential, for use in therapeutic programs.
10. Miscellaneous Uses.
a. Cemeteries.
b. Columbarium.
c. Towers with more than 50 feet in height in accordance with Sec. 5.2 of these regulations.
SEC. 4.4.2-3 ACCESSORY USES
Uses and structures which are on the same lot and of a nature customarily incidental and
subordinate to the principal building, structure or use. Uses and structures which are in keeping
with the character of the district.
1. Home occupations provided that a permit is obtained. This Ordinance uses a permit
approach to regulate home occupations. The use of permits is to ensure compatibility
of home occupations with surrounding residential uses. The Administrator may request
advice from the Planning Commission as appropriate.
2. Living quarters in the main structure for persons employed on the premises;
3. Recreational vehicles and trailers shall be stored away from public streets and are
prohibited from occupancy;
4. Temporary buildings for uses incidental to construction work. Such buildings shall be
removed within 15 days of the issuing of the Certificate of Occupancy or abandonment
of the construction work and shall not remain in the property for more than two (2) years.
5. No accessory building shall be constructed upon a lot for more than six months prior to
beginning construction of the main building and no accessory building shall be used for
more than six months unless the main building on the lot is also being used or unless the
main building is under construction. No accessory building shall be used as a dwelling.
6. Swimming pool associated with a private residence.
Page 28
Attachment A -Ordinance 2019-12; Page 6
Amendment to Section 4.8.2-2.1 (i)
Town of Pulaski Zoning Ordinance
f. Towers less than 50 feet in accordance with Sec. 5.2 of these regulations.
SEC. 4.8.2-2 SPECIAL EXCEPTIONS
The following uses, subject to or limited by conditions, may be permitted by special exception in the
Local Business district (B-1 ):
1. Commercial Uses
a. Animal hospitals or veterinary clinics, provided all activities are contained within
an enclosed building.
b. Wireless Telecommunication Facilities.
c. Brewpubs.
d. Convalescent homes, nursing homes and housing for the elderly and
handicapped.
e. Columbarium.
f. Microbrewery.
g. Micro -distillery.
h. Pet shops or animal grooming services, provided all activities are contained within
an enclosed building.
i. Hospitals or health center.
j. Hotels, motels or inns
k. Institutions, educational or philanthropic.
I. Restaurants with drive-through services and/or outdoor seating.
m. Private clubs and lodges, uses that operate for the benefit of members and not as
a business entity.
g. Mixed Use Buildings: Residential Dwelling as part of mixed use development.
n. Utility Services, Major.
o. Taxidermists.
p. Towers more than 50 feet in accordance with Sec. 5.8 of these regulations
q. Any legitimate retail use or services not prohibited in this zone but not falling within
the permitted uses and which by preponderance of evidence is shown to further
the interest of the Town of Pulaski. Significant consideration shall be given to the
health, comfort, well-being and quality of life of the citizens and must be found
consistent with the Comprehensive Plan.
SEC. 4.8.2-3 Accessory Uses
Uses and structures which are on the some lot and of a nature customarily incidental and
subordinate to the principal building structure or use. Uses and structures which are in keeping
with the character of the district.
1. Living quarters in main structure for persons employed on the premises.
2. Temporary buildings for uses incidental to construction work. Such buildings shall be removed
Page 63
Attachment A-Ordinance 2019-12; Page 7 Amendment to Section 4.9.2-1.1 (q)
Town of Pulaski Zoning Ordinance
m. GeneralOffices.
n. Green houses or nurseries.
o. Hotels, motels or inns.
p. Laundries, laundromats or dry-cleaning establishments.
I f�Aeelt--m;---��.
q•
r. Microbrewery.
s. Micro-distillery.
t. Mixed Use Buildings: Lodging facility and residential dwellings as part of the mixed use
development. Dwelling units are prohibited in the ground floor.
u. Monument sales establishments with incidental processing to order, but not including the
shaping of headstones.
v. Personal services.
w. Personal Storage�Mini-Warehouse.
General standards:
i The minimum lot size shall be 1 acre.
ii The minimum front yard setback shall be 30 feet.
iii No security fencing, security gate or other obstruction to vehicle access shall be
permitted in the required front yard setback or in any required landscape buffer.
iv All interior driveways shall be at least 26 feet wide when cubicles open onto one side
only and at least 35 feet wide when cubicles open onto both sides to accommodate
loading and unloading at individual cubicles. Adequate turning radii shall be
provided, where appropriate, for a 30 foot long single unit truck or moving van. All
driveways shall be paved.
v No door openings for any cubicle shall be constructed facing pny residentially zoned
property.
vi The following uses shall be prohibited:
• Auctions by tenants, commercial wholesale or retail sales, or miscellaneous or
garage sales.
• The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn
mowers, appliances or other similar equipment.
• The operation of power tools, spray-painting equipment, tpble saws, lathes,
compressors, welding equipment, kilns, or other similar equipment.
• The establishment of a transfer and storage business.
• The storage of flammable, highly combustible, explosive or hazardous
materials.
vii There shall be no outdoor storage of goods or materials of any type.
__ .__._ _ __ _ -- _ _ __---- –___.—
Page 68
Attachment A-Ordinance 2019-12; Page 8 Amendment to Section 4.9.2-2.2 (m) (n)
Town of Pulaski Zoning Ordinance
i. A minimum of 20 feet landscaping buffer along public right-of-way and 25 feet
landscaping strip when adjoining to residentiql zoning districts.
ii. The storage and�or display of manufactured homes in the perimeter landscaping
strip as required above (i) shall be prohibited.
iii. The storage of used manufactured homes on the premises which are not suitable
for occupancy shall be prohibited.
f. Parking Facility, surface and/or structure.
g. Towers less than 50 feet in accordance with Sec. 5.2 of these regulations.
SEC. 4.9.2-2 SPECIAL EXCEPTIONS
The following uses, subject to or limited by conditions, may be permitted by special exception in the in the
General Business district (B-2):
2. Commercial and Civic Uses:
a. Animal hospital or veterinary clinics, provided all activities are contained within an
enclosed building.
b. Pet shops, or animal grooming services, provided all activities are contained within an
enclosed building.
c. Recreational and amusement establishments such as billiard parlors or pool rooms,
bowling alleys, dance halls, theaters, electronic game centers, miniature golf courses, or
similar recreational establishments, indoor or outdoor.
d. Carnivpl, fairs or festivals and similar activities
e. Schools, colleges, universities or pre-schools.
f. Outdoor sales area or flea market
g. Utility Services, Major.
h. Radio and television stations and studios or recording studios.
i. Taxidermists.
j. Any legitimate retail use or services not prohibited in this zone but not falling within the
permitted uses and which by preponderance of evidence is shown to further the interest
of the Town of Pulaski. Significant consideration shall be given to the health, comfort,
well-being and quality of life for the citizens and must be found consistent with the
Comprehensive Plan.
k. Industry Type I.
I. Columbarium.
��
Page 71
Attachment A-Ordinance 2019-12; Page 9 Amendment to Section 4.9.2-2.2 (m) (n)
Town of Pulaski Zoning Ordinance
. ,
, , , , ,
, ,
m. -Towers more than 50 feet in accordance with Sec. 5.2 of these regulations.
n. Hospital or health center.
SEC 4.9.2-3 ACCESSORY USES
Uses and structures which are on the same lot and of a nature customarily incidental and
subordinate to the principal building, structure or use. Uses and structures which are in keeping
with the character of the district.
1. Accessory buildings and uses, including accessory storage of supplies and merchandise
normally carried in stock or used in connection with a permitted use, subject to applicable
district regulations.
2. Living quarters in main structure for persons employed on the premises.
3. Temporary buildings for uses incidental to construction work. Such buildings, shall be removed
upon completion or abandonment of the construction work; however, not to exceed a two (2)
year maximum.
4. Except for buildings accessory to a farm, no accessory building shall be constructed upon a
lot for more than six months prior to beginning construction of the main building and no
accessory building shall be used for more than six months unless the main building on the lot
is also being used or unless the main building is under construction. No accessory building shall
be used as a dwelling.
5. Swimming Pool associated with the development.
6. Private storage buildings 300 square feet or less.
SEC. 4.9.2-4 PROHIBITED USES
Any use not permitted by right, or as accessory use or by special exception shall be prohibited.
Sec. 4.9.3 Site Development Regulafions
The following are general development standards for the General Business District(B-2):
1. Minimum Lot Requirements.
a. Area: 10,000 square feet.
b. Frontage: 100 feet.
2. Minimum Setback Requirements.
a. Principal Structure:
i. Front: 25 feet.
ii. Side: 10 feet.
iii. Rear: 25 feet.
iv. Setbacks from all public streets shall be 25 feet
Page 72
Attachment A-Ordinance 2019-12; Page 10 Amendment to Section 4.10.2-1.2 (s)
Town of Pulaski Zoning Ordinance
iii. Off-street loading spaces which are provided for the delivery of materials,
merchandise, fuel oils or any similar accessory or product shall be located in a
manner on the site that completely separates these off-street loading areas from
customer parking areas and access drives and aisles.
iv. Vehicle storage on premises longer than forty-eight (48) hours shall be prohibited.
o. GeneralOffices.
p. Hotels, motels or inn.
q. Institutions, educational or philanthropic,
r. Laundries, laundromats or dry-cleaning establishments.
IAA__I:_..1 ..1L7__
�s_Microbrewery.
tr.t_Micro-d istillery.
+r.u.0utdoor Markets
ir:v. Personal service
�:w. Rentals of household items, tools and appliances.
�x. Repair services
��Retail sales and services
ere►:z. Restaurants, catering businesses, delicatessens or ice cream parlors, service of food
for consumption primarily on premises, including outdoor eating area.
�aa. Public Service Facility
e�bb. Seasonal sales
el�l:cc. Utility Services, Minor
3. Miscellaneous Uses
a. Houses of Worship
b. Parking Facility, surface and�or structure.
c. Towers less thpn 50 feet in accordance with Sec. 5.8 of these regulations
SEC. 4.10.2.2 SPECIAL EXCEPTIONS
The following uses, subject to or limited by conditions, may be permitted by special exception in the Central
Business District (B-3):
1. Commercial Uses:
a. Animal hospital or veterinary clinics, provided all activities are contained within pn
enclosed building.
b. Pet shops, or animal grooming services, provided all activities are contained within an
enclosed building.
c. Mixed Use Buildings. Lodging facility and multifamily dwellings as part of the mixed use
development. Dwelling units are prohibited in the ground floor.
d. Recreationpl qnd amusement establishments such as billiprd parlors or pool rooms, bowling
alleys, dance halls,theaters,electronic game centers or similar recreational establishments.
Page 76
Attachment A-Ordinance 2019-12; Page 11 Amendment to Section 4.10.2-2.1 (I)
Town of Pulaski Zoning Ordinance
e. Drive-through service for financial institutions and restaurants.
f. Radio and television stations and studios or recording studios. .
g. Taxidermists.
h. Industry Type 1
i. Columbarium.
j. Utility Services, Major
k. Towers more than 50 feet in accordance with Sec. 5.2 of these regulations.
I_Any legitimate retail use or services not prohibited in this zone but not falling within the
permitted uses and which by preponderance of evidence is shown to further the interest
of the Town of Pulaski. Significant consideration shall be given to the health,comfort, well-
being and quality of life of the citizens and must be found consistent with the
Comprehensive Plan.
�m.Hospital or health center.
SEC.4.10.2-3ACCESSORY USES
Uses and structures which are on the same lot and of a nature customarily incidental and subordinate to
the principal building structure or use. Uses and structures which qre in keeping with the character of the
district.
1. Living quarters in main structure for persons employed on the premises.
2. Temporary buildings for uses incidental to construction work. Such buildings, shall be removed
upon completion or abandonment of the construction work; however, not to exceed a two (2)
year maximum.
3. No accessory building shall be constructed upon a lot for more than six months prior to beginning
construction of the main building and no accessory building shall be used for more than six
months unless the main building on the lot is also being used or unless the main building is under
construction. No accessory building shall be used as a dwelling.
4. Swimming Pool associated with the development.
5. Private storage buildings 300 square feet or less.
SEC. 4.10.2-4 PROHIBITED USES
Any use not permitted by right, or ps accessory use or by special exception shall be prohibited.
Sec. 4.10.3 Site Development Regulations
The following pre generpl development standards for the Central Business District(B-3):
1. Minimum Setback Requirements.
a. Principal Structure:
i. Front: Five (5) feet.
ii. Side: zero (0) feet, except where a side yard abuts a public street, recorded
alley, or access easement, then there shall be a minimum side yard of five (5) feet.
When any side of a lot adjoins a low-density residential district, there shall be a
minimum side yard of ten (10) feet.
_ Page 77
Attachment A-Ordinance 2019-12; Page 12 Amendment to Section 4.10.2-2.1 (m)
Town of Pulaski Zoning Ordinance
e. Drive-through service for financial institutions and restaurants.
f. Radio and television stations and studios or recording studios. .
g. Taxidermists.
h. Industry Type 1
i. Columbarium.
j. Utility Services, Major
k. Towers more than 50 feet in accordance with Sec. 5.2 of these regulations.
1_Any legitimate retail use or services not prohibited in this zone but not falling within the
permitted uses and which by preponderance of evidence is shown to further the interest
of the Town of Pulaski. Significant consideration shall be given to the health,comfort, well-
being and quality of life of the citizens and must be found consistent with the
Comprehensive Plan.
�:m.Hospital or health center.
SEC.4.10.2-3ACCESSORY USES
Uses and structures which are on the same lot and of a nature customarily incidental and subordinate to
the principal building structure or use. Uses and structures which are in keeping with the character of the
district.
1. Living quarters in main structure for persons employed on the premises.
2. Temporary buildings for uses incidental to construction work. Such buildings, shall be removed
upon completion or abandonment of the construction work; however, not to exceed a two (2)
year maximum.
3. No accessory building shall be constructed upon a lot for more than six months prior to beginning
construction of the main building and no accessory building shall be used for more than six
months unless the main building on the lot is also being used or unless the main building is under
construction. No accessory building shall be used as a dwelling.
4. Swimming Pool associated with the development.
5. Private storage buildings 300 square feet or less.
SEC. 4.10.2-4 PROHIBITED USES
Any use not permitted by right, or as accessory use or by special exception shall be prohibited.
Sec. 4.10.3 Site Development Regulations
The following are general development standards for the Central Business District(B-3):
1. Minimum Setback Requirements.
a. Principal Structure:
i. Front: Five (5) feet.
ii. Side: zero (0) feet, except where a side yard abuts a public street, recorded
alley, or access easement, then there shall be a minimum side yard of five (5) feet.
When any side of p lot adjoins a low-density residential district, there shall be a
minimum side yard of ten (10) feet.
Page 77
Attachment A-Ordinance 2019-12; Page 13 Amendment to 11.2 Definitions
Town of Pulaski Zoning Ordinance
Building Permit. Is an approval statement signed by the Building Permit Office authorizing the construction,
alteration, reconstruction, repair, restoration, demolition or razing of all or part of a building.
Business Support Services - Establishments or places of business engaged in the sale, rental or repair of
office equipment, supplies and materials, or the provision of services used by office, professional and
service establishments. Typical uses include office equipment and supply firms, small business machine
repair shops, convenience printing and copying establishments, as well as temporary labor services.
Building Trade Services - This includes construction, plumbing, electrical, heating and air-conditioning,
landscaping, well drilling, and similar services. Outdoor storage is not permitted.
Caregiver. Means an adult who provides care for a mentally or physically impaired person within the
Commonwealth. A caregiver shall be either related by blood, marriage, or adoption to or the legally
appointed guardian of the mentplly or physically impaired person for whom he is caring.
Cemetery. Any land or structure used or intended to be used for the internment of human remains. The
sprinkling of ashes or their burial in a biodegradable container on church grounds or their placement in p
columbarium on church property shall not constitute the creation of a cemetery. No cemetery shpll be
established within 250 yards of any residence without the consent of the owner of the legal and equitable
title of the residence; provided that subject to the foregoing in the location for the proposed cemetery is
separated from any residence by a state highway, it may be established upon such location without the
consent of the owner of such residence if it be not less that 250 feet from the residence at its nearest point
thereto; provided such prohibition and restriction shall not apply where the tract of land intended for use
as a cemetery is separated from any residence by a state highway and not contains a public or private
burial ground and is not within the corporate limits of the town; and no cemetery shall be hereafter
established, and no burial made in any part of any cemetery, other that a municipal cemetery, located
within 300 yards of pny property owned by any city, town, or wqter company, upon which or a portion of
which are now located driven wells from which water is pumped or drawn from the ground in connection
with the public water supply. Further a plat shall be provided with the application for a special exception
for a burial within the aforesaid definition of cemetery and such plat shall be capable of being recorded
in the Circuit Court of the County of Pulaski, Virginia Clerk's Office before said special exception, if
approved, is effective.
Certificate of Appropriateness. Is a certificate or other statement indicating approval by the Administrator
or the Architectural Review Board as the case may require of plans for construction, alteration,
reconstruction, repair, restoration, relocation, demolitions or razing of a building or structure or part thereof
in a historic district.
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Clerk. The Clerk of the Circuit Court having jurisdiction in the Town of Pulaski.
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Attachment A-Ordinance 2019-12; Page 14 Amendment to 11.2 Definitions
Town of Pulaski Zoning Ordinance
Commission, The. The Town of Pulaski Planning Commission.
Contributing Properties. Are properties so designated on the inventory map of landmarks and contributing
properties which is adopted as part of this Ordinance, being generally those properties which by reason
of form, materials, architectural details and relation to surrounding properties contribute favorably to the
general character of the part of the Historic District in which they are located but which by reason of recent
age, lack of historic significance or other factors are not designated as historic landmarks under the criterip
of this Ordinance.
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Cluster Housing. A development design which places attached dwellings in close proximity to each other
with nearby spaces set out for the common use of the dwelling owners. (Ordinance 2006-07)
Columbarium. A sepulchral vault or other structure lined with recesses in the walls for the storage of
cinerary urns. A columbarium may be a free standing structure, part of another building such as a
mausoleum or house of worship, or mpy be a prefabricated structure brought in its entirety to a site.
Communify Center. Community entertainment, recreation, or meeting place operated by a non-profit
organization.
Common Elements. All portions of a cooperative other than the units.
Communication Station. A location not associated with another permitted use, where the public is offered
access to voice, data, and/or video information.
Conditional Use. (See Special Exception)
Conditional Zoning. The creation of a new zoning district for property to be used in a particular way as
the result of conditions proffered by the applicant which limit or qualify how the property may be used. In
order for the Town Council to accept the proffered conditions, the conditions proffered must give rise to
the need for the conditions, have a reasonable relationship to the rezoning, and not include a cash
contribution to the Town.
Condominium. A dwelling unit in an apartment building or residential development which is individually
owned, but in which the common areas are owned, controlled, and maintained through an organization
consisting of all individual owners.
Congregate Home. A facility serving as a home for the mentally ill, mentally retarded, developmentally
disabled, or as rest homes, homes for adults, or nursing homes, provided that all licensing requirements are
met.
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Attachment A-Ordinance 2019-12; Page 15 Amendment to 11.2 Definitions
Town of Pulaski Zoning Ordinance
p 24-hour basis, including respite and symptom management, to individuals requiring such care pursuant to
the orders of a physician. Such facilities with 16 or fewer beds are exempt from Certificate of Public Need
laws and regulations. Such facilities with more than 16 beds shall be licensed as a nursing facility or hospital
and shall be subject to Certificate of Public Need laws and regulations.
Hospital. "Hospital or health center" means any and all medical facilities and approaches thereto and
ap�urtenances thereof. Medical facilities shall include any and all facilities suitable for providing hospital
pnd medical care, includinq an� and all structures, buildings, improvements, additions, extensions,
replacements a�purtenances, lands, rights in Ipnds, franchises, machinery, equipment, furnishing,
landscaping„ a�proaches, roadwa�s and other facilities necessary or desirable in connection therewith or
incidental thereto (including, without limitation, hospitals, nursinq homes, assisted living facilities, continuinq
care facilities, self-care facilities, medical office facilities, clinics, out-patient surgical centers, alcohol,
substance abuse and drug treatment centers, laboratories�research facilities, sanitariums, hospices,facilities
for the residence or care of the elderlX, the handicapped or the chronically ill, residential facilities for
nurses, interns, and physicians and any other kind of facility for the diagnosis, treatment, rehpbilitption,
prevention, or �plliption of any human illness, injury, disorder, or disability), together with pll related and
s�� ortinq facilities and equi�ment necessary and desirable in connection therewith or incidentpl thereto,
or e uipment alone, including, without limitption, kitchen, laundry, laboratory, pharmaceutical,
administrative, communications, computer and recreational facilities and eaui ment, storage s�ace, mobile
medical facilities, vehicles and other eauipment necessary or desirable for the trpnsportation of inedical
eauiament or the transportation of pptients. , , ,
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Hotel. A building in which lodging, or board and lodging, are provided and offered to the public for
compensation and in which cooking facilities may be provided or in which lodging facilities are provided
primarily for travelers. The term "hotel'� includes the term "motel".
Household Waste. Means any waste material including garbage, trash and refuse derived from
households. Households include single, dual and multi-family residences, manufactured homes, recreational
vehicles, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and
day-use recreation areas. (9VAC20-130-10 Virginia Administrative Code).
Industry, Type I - Establishments engaged in the processing, manufacturing, compounding, assembly,
packaging, treatment or fabrication of materials and products, from processed or previously
manufactured materials. Type I Industry is capable of operation in such a manner as to control the
external effects of the manufacturing process, such as smoke, noise, soot, dirt, vibration, odor, etc. A
machine shop is included in this category. Also included is the manufacturing of apparel, electrical
appliances, electronic equipment, camera and photographic equipment, ceramic products, cosmetics and
toiletries, business machines, food, paper products (but not the manufacture of paper from pulpwood),
musical instruments, medical appliances, tools or hardware, plastic products (but not the processing of
raw materials), pharmaceuticals or optical goods, bicycles, and any other product of a similar nature or
requiring similpr production charpcteristics.
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Manufactured Home, Emergency. A manufactured home used temporarily for the period of reconstruction
or replacement of an uninhabitable dwelling lost or destroyed by fire, flood, or other act of nature, or
used temporarily as housing relief to victims of a federally declared disaster in accordance with the
provisions of this ordinqnce.
Manufactured Home Sales. Estpblishments primarily engaged in the display, retail sale, rental, and minor
repair of new and used manufactured homes, parts, and equipment.
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Mentally or physically impaired person. Means a person who is a resident of Virginia pnd who requires
assistance with two or more activities of daily living, as defined in § 63.2-2200, as certified in a writing
provided by a physician licensed by the Commonwealth.
Microbrewery. A brewery, which produces more than 500 but less than 10,000 barrels of beer per
year. Such facilities may include a tasting room or retail space to sell the products to patrons on site.
Microdistillery. A facility that typically produces and distributes alcoholic beverages or spirits as
defined within §4.1 -100, Code of Virginip distilled where production does not exceed 5,000 gallons
per year. Such facilities may include an on-site tasting room or retail space to sell the products to
patrons on site.
Mitro-Producers. microbrewery, or microdistillery, in which twenty-five (25) percent or more of the
facility�s production is sold directly to the consumer on-site, within a retail shop, bar, tasting room, tap-
room, restaurant, or other similar facility.
Mini Warehouse. A building or group of buildings divided into separate compartments used to meet the
temporary storage needs of small businesses, apartment dwellers, and other residential uses; and may
include refrigerated facilities.
Mobile/Manufactured Home. A structure subject to Federal Regulations, which is transportable in one or
more sections; is eight body feet or more in width and forty body feet or more in length in the travel 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.(
Section 36-85.1 1 of the Code of Virginia as amended). Such structure as defined herein (including any
structure originally built as a mobile�manufactured home as defined herein, regardless of whether
plumbing or electrical facilities have been removed) may be used only as a single family residence, and
may not be used as a storage building, accessory structure or for any other purpose except a temporary
mobile/manufactured office building.
Mobile/Manufactured Home Park. A site designed to accommodate two or more manufactured homes.
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Attachment A-Ordinance 2019-12; Page 17 Amendment to 11.2 Definitions
Town of Pulaski Zoning Ordinance
New Construction. For the purposes of determining insurance rates, structures for which the "start of
construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974,
whichever is later, and includes any subsequent improvements to such structures. For floodplain management
purposes, new construction means structures for which start of construction commenced on or after the
effective date of a floodplain management regulation adopted by the town and includes any subsequent
improvements to such structures.
Nonconforming Use. The otherwise legal use of a building or structure or of a tract of land that does not
conform to the use regulations of this Ordinance for the district in which it is located, either at the effective
date of this Ordinance or as a result of subsequent amendments to this Ordinance.
Nonconforming Lot. An otherwise legally platted lot that does not conform with the lot, area, yard, height,
lot coverage, or other area regulations of this Ordinance for the district in which it is located either at the
effective date of this Ordinance or as a result of subsequent pmendments to the Ordinance.
Nonconforming Structure. A building or structure that does not conform with the lot area, yard, height, lot
coverage, or other area regulations of this Ordinance, or is designed or intended for a use that does not
conform to the use regulations of this Ordinance, for the district in which it is located, either at the effective
date of this Ordinance or as a result of subsequent amendments to this Ordinance.
Non-legal staff of the governing body. Means any staff who is not in the office of attorney for the locality
or for the board who is appointed by special law or pursuant to §15.2-2214.(Reference to Code of Virginia)
Non-recyclables or heavy items. Items defined as old furniture; stoves; refrigerators; freezers; washers;
dryers; hot water heaters; air conditioners; scrap metal.
Nursing Home. Any facility or any identifiable component of any facility in which the primpry function is
the provision, on a continuing basis, of nursing services and health-related services for the treatment and
in-patient care of two or more unrelated individuals, including facilities known by vprying nomenclature or
designation such as convalescent homes, skilled care facilities, intermediate care facilities, extended care
facilities, and infirmaries.
Off-Street Parking Area. Space provided for vehicular parking outside the dedicated street right-of-way.
One Hundred Year Flood/Base Flood. Means the flood having a one percent chance of being equaled or
exceeded in any given year.
Open Space. An area that is intended to provide light and air, and is designed for either environmental,
scenic, or recreational purposes. Open space may include, but in not limited to, lawns, decorative plpntings,
walkways, active and passive recreation areas, playgrounds, fountains, swimming pools, wooded areas,
and water courses. Open spaces shall not be deemed to include driveways, parking lots, or other surfaces
not designed or intended for vehicular travel.
Operator. An individual entity licensed by the Town Council to operate a Drop Site.
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Attachment A-Ordinance 2019-12; Page 18 Amendment to 11.2 Definitions
Town of Pulaski Zoning Ordinance
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Parking Facility, Surface/Structure - Use of a site for surface parking or a parking structure unrelated to
a specific use which provides one or more parking spaces together with driveways, aisles, turning and
maneuvering areas, incorporated landscaped areas, and similar features meeting the requirements
established by this ordinance. This use type shall not include parking facilities accessory to a permitted
principal use.
Parking Space. An area consisting of a minimum of 10 x 20 feet.
Permanent Building. Means any structure having a roof supported by columns or walls, intended for the
shelter, housing or enclosure of persons, animals and chattel, that is designed to not be moveable either to,
or from its location on, real property.
Permanent Foundation. Footer and masonry foundation about the entire perimeter of the home.
Personal Services—An establishment which offers specialized goods and services purchased frequently
by the consumer. Included are barbershops, beauty shops, massage facilities, chiropractic clinics,
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Attachment A-Ordinance 2019-12; Page 19 Amendment to 11.2 Definitions
Town of Pulaski Zoning Ordinance
Temporary Use. A use established for a fixed period of time with the intent to discontinue such use upon
the expiration of the time period.
Townhouse. A one family dwelling in a row of at least three such units in which each unit has its own front
and rear access to the outside, no unit is located over another unit, and each unit is separpted from any
other unit by one or more common fire resistant walls.
Townhouse Development. One or more groups of townhouses, with accessory parking, open space, and
recreational and management facilities.
Transportation Terminal. A facility for loading, unloading, and interchange of passengers, baggage,
and incidental freight or package express between modes of ground transportation, including bus
terminals, railroad stations, and public transit facilities.
Tree. A woody perennial plant having a single main stem.
Truck Terminal. A building and/or area in which freight is handled, stored, or transferred and in which
all or part of a tractor-trailer is parked.
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Trutk Sfop. A structure built to accommodate tractor-trailers, large motor trucks, and commercial buses
with fuel,oil, and maintenance services; large parking areas and restaurants are also frequently associated
with truck stops.
Use, Accessory. A subordinate use, customarily incidental to and located upon the same lot occupied by
the main use.
Utility Services, Minor - Services which are necessary to support existing and future development within
the immediate vicinity and involve only minor structures. Including in this use type are distribution lines and
small facilities that are underground or overhead, such as transformers, relay and booster devices, and
well, water and sewer pump stations. Also included are all major utility services owned and/or operated
by the Town of Pulaski, or any major utility services which were in existence prior to the adoption of this
ordinance.
Ufility Services, Major - Services of a regional nature which normally entail the construction of new
buildings or structures such as generating plants and sources, electrical switching facilities and stations or
substations,water towers and tanks,community waste water treatment plants, and similar facilities. Included
in this definition are also electric, gas, and other utility trpnsmission lines of a regional npture that are not
otherwise reviewed and approved by the Virginia State Corporation Commission.
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