ARTICLE II. GENERAL
REGULATIONS
DIVISION 8. HOME OCCUPATIONS
Sec. 24.1-283. Home occupations permitted by
special use permit.
The board may authorize, by special
use permit issued in accordance with all applicable procedural requirements as set forth
in article I, the following and materially similar types of home occupations subject to
the specified conditions:
(a) Home occupations permitted under section 24.1-282 which generate a
parking demand for three (3) or more parking spaces, and those
occupations permitted under section 24.1-282(b) in residential districts other than those
specified.
(b) Home occupations with on-premises retail sales, or personal
services, or customer/client contact.
(1) Uses which may be authorized under this section shall include
barber and beauty shops, antique shops, bicycle rental, rental of rooms for nontransient
use, day care for more than six (6) children, in-home professional offices with customer
or client contact, firearms sales, and other materially similar activities and land uses
involving on-premises retail sales, customer contact, and personal services. These
provisions shall also apply to catering operations conducted in accordance with section
29.5 of the Rules and Regulations of the Board of Health of the Commonwealth of Virginia
provided, however, that food preparation that is conducted from
the structure's standard residential kitchen for off-premises sale
and consumption and that does not involve any on-site customer
contact or non-resident employees shall not be deemed to require a
special use permit.
(2) All public contact related to such use shall be limited to the
period between 8:00 a.m. and 8:00 p.m., Monday through Saturday, unless otherwise
specified by the board.
(3) Off-street parking shall be
provided in accordance with the applicable standards established
in article VI for business and commercial uses. Such spaces shall
be in addition to those otherwise required for the residential use
of the property, and shall be no less than ten feet (10') from any property line, unless on an existing driveway, and shall be effectively
screened from view of adjacent properties and street rights-of-way by landscaping
supplemented, if necessary, by fencing.
(4) The type and extent of items to be
displayed, stored or sold, or personal services to be offered on the premises shall be
specifically stipulated by the board in authorizing any such use permit. In no case shall
the area devoted to sales, storage, display or conduct of such home occupation exceed
twenty-five percent (25%) of the floor area of the residence or such smaller area as may
be stipulated by the board.
(5) Such use shall comply with all applicable requirements for home
occupations as established in section 24.1-281 of this chapter.
(c) Small contracting businesses operated as home occupations in the
RC, RR and WCI district.
(1) For the purpose of this section, small contracting businesses shall
be deemed to include businesses engaged in construction and repair of buildings;
installation and servicing of heating, cooling and electrical equipment, flooring,
painting, plumbing, roofing and tiling; landscaping; and other such uses deemed by the
zoning administrator to be similar in terms of type, scale and impact. This section shall
not be construed to necessitate a use permit for offices of such businesses as authorized
and conducted in accordance with the provisions established in sections 24.1-281 and
24.1-282 nor shall this section be construed to provide opportunities for business
operations which involve on-site manufacturing of products or materials utilized in the
conduct of such business.
(2) All structures, parking and loading areas, and storage areas
associated with such use shall be located at least one hundred feet (100') [30m] from any
lot line. Such setback and buffer area shall be landscaped and fenced in order to provide
immediately a Type 50 transitional buffer.
(3) Not more than two (2)
vehicles and pieces of equipment associated with the operation of a business shall be
operated from the site or stored there overnight, unless a greater number is deemed
appropriate and is authorized by the board of supervisors in conjunction with
consideration of a special use permit application. Small transportable equipment including
lawn mowers; chain saws; power hand tools; table, band or radial arm saws; and similar
items shall not be included in such a determination.
(4) Unless otherwise stipulated by the board in granting a special use
permit, the areas covered by all structures used primarily in connection with such uses
shall not exceed a total of one thousand five hundred (1,500) square feet [135m2].
(5) Unless otherwise stipulated by the board in granting a special use
permit, the area covered by any outdoor storage associated with such use shall not exceed
a total of one thousand (1,000) square feet [90m2].
(6) All parking, loading and storage associated with such use shall be
screened effectively from view from adjacent properties by landscaping and appropriate
wooden or masonry fencing materials.
(7) The board shall find and determine that the proposed small
contracting business is not likely to generate traffic, including commercial delivery
vehicles, in greater volume than would normally be expected in the district in which it is
located.
(8) The board shall find and determine that the proposed small
contracting business is not likely to create noise, dust, vibration, odor, smoke, glare,
electrical interference, fire hazard or any other hazard or nuisance to any greater or
more frequent extent than would normally be expected in the district in which it is
located.
(d) Docking workboats and off-loading seafood in RR and RC districts.
(1) Such uses may be authorized only on property which is classified RC
or RR. The docking of workboats and the conduct of a waterman's operation shall be limited
to occupants of the premises.
(2) No admission, dockage, or wharfage fees shall be charged.
(3) On-premises wholesale or retail sale of seafood shall be
prohibited.
(4) Outdoor storage of goods, equipment, or materials (other than the
workboat itself) shall be limited to a total of one thousand (1,000) square feet [90m2]
and shall not be located in any front or side yard, or within twenty feet (20') [6m] of
any property line. Any equipment or storage located on the property shall be screened from
view from all public streets and adjacent properties by a landscaped buffer area
supplemented, if determined necessary by the zoning administrator or the board at the time
of permit approval, by masonry or wooden fencing material. In its approval of a special
use permit, the board may limit outdoor storage to less than one thousand (1,000) square
feet [90m2] or may require a setback greater than twenty feet (20') [6m] if
deemed necessary based on the characteristics of the subject site or its surroundings.
(5) Repair of workboats shall be limited to routine maintenance, which
may include:
a. minor tune-ups;
b. change of oil and filters;
c. washdown and drainage of workboats;
d. winterizing (draining lines, etc.);
e. other customary routine repairs or maintenance.
(6) All federal, state and local requirements for docking facilities
shall be met and the necessary permits obtained prior to the issuance of a building permit
for docks, piers, or boat houses.
(7) The workboats and seafood unloading operations shall be conducted
in such a manner as to prevent potentially offensive odors from being produced. No
overnight storage of seafood waste shall be permitted on the property.
(8) Any outdoor or security lighting shall be shielded so that glare is
not directed onto adjacent property.
(9) The number of workboats docked at the property shall not exceed the
capacity of the pier or boat house. The "rafting" of boats shall not be
permitted.
(10) No heavy trucks shall be permitted to operate from the property.
(11) Any demand for parking generated by the conduct of such use shall
be accommodated off the street.
(12) No bulk fuel storage in excess of twenty-five (25) gallons [95l]
for dispensing into a workboat shall be permitted. The storage and utilization of toxic
substances shall be limited to types and quantities that would customarily be utilized or
stored for residential use. Any storage or utilization of combustible, toxic, or flammable
substances shall be in accordance with the National Fire Prevention Code.
(13) The board shall, on a case-by-case basis, review and impose such
other conditions as it deems necessary and appropriate to assure that the use will be
compatible with, and will not adversely impact, adjoining properties and the environment
of the area. Such conditions and restrictions may include:
a. hours of operation;
b. number of workboats permitted to use the private residential pier or
dock;
c. a requirement to prepare a water quality impact assessment;
d. additional screening or landscaping requirements for outdoor storage
areas and equipment.
(e) Home occupations with non-resident employees.
(1) All home occupation categories whether permitted as a matter of
right or by special use permit under section 24.1-282 and 24.1-283 may be authorized under
this section to include one (1) or more non-resident employees. The allowable number of
non-resident employees shall be specified in the use permit approval.
(2) Evaluation of this allowance shall be based on the general
provisions of section 24.1-281 and applicable requirements as set forth in section
24.1-283.
(3) The term of any use permit issued under the provisions of
this section shall be for two (2) years or such other specific
time period (either lesser or greater) as may be deemed
appropriate by the board. Nothing in this section shall be
construed to prevent the operator of the home occupation from
applying for a new permit prior to or after expiration of the
initial permit. Requests for an extension of the non-resident
employee term shall be processed as a minor amendment which
shall require only review and authorization by board resolution,
provided that the request is accompanied by written statements
from the owners of each of the properties abut-ting the subject
property indicating that they have no objection to continuation
of the non-resident employee authorization. In the event such
statements of approval cannot be provided by the applicant, the
request for an extension shall be required to be submitted and
processed as if it were an original application for a Special
Use Permit.
(f) Enlargement or expansion of permitted home occupations.
(1) The board may authorize by special use permit issued in accordance
with the procedures stipulated in article I, enlargements or expansion of home occupations
permitted in sections 24.1-282 and 24.1-283.
(2) The board shall find that the overall spirit and intent of section
24.1-281 will not be violated by the issuance of a special use permit authorizing an
enlargement or expansion and may attach any conditions deemed necessary to ensure such
compliance.
(Ord.
No. 05-13(R), 5/17/05; Ord No. 08-17(R), 03/17/09
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