Alleghany County Unincorporated, VA Zoning Ordinance#

ARTICLE I — IN GENERAL#

ARTICLE II — APPLICATION OF REGULATIONS#

ARTICLE III — ESTABLISHMENT OF DISTRICTS#

ARTICLE IV — AGRICULTURAL-RURAL RESIDENTIAL AR#

ARTICLE V — RESIDENTIAL DISTRICT R-1#

Sec. 66-131. — Statement of intent.#R-1

The R-1 residential district is composed of areas in which the principal use of land is for single-family dwellings. Therefore, in the R-1 district the specific intent of this article is to encourage the construction of and the continued use of the land for single-family dwellings, to prohibit commercial and industrial use of the land and to prohibit any other use which would substantially interfere with development or continuation of single-family dwellings in the district and to discourage any use that would generate traffic on minor streets other than normal traffic to serve residences on those streets.

Sec. 66-132. — Acceptable uses.#

In residential district R-1, structures to be erected or land to be used shall be for one or more of the following:

1. Single-family dwellings, as defined. (Amdmt. No. O-02-8, 10-1-02)
2. Churches.
3. Schools.
4. Public recreation areas. (Ord. No. 00-3, 8-1-00)
5. Accessory uses 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 feet to any side or rear property line.§ No accessory building may be located within the main structure's front setback.§ (Amdmt. No. 92-5, 7-15-92)
6. Public utilities and facilities. (Amdmt. No. O-99-11, 9-7-99)
7. Home occupations, Type II. (Amdmt. No. O-02-2, 2-19-02)
8. Public water and sewer systems. (Amdmt. No. O-99-11, 9-7-99)
9. Group homes, as defined. (Code of Virginia § 15.2-2291(A)) (Amdmt. No. O-02-8, 10-1-02)
10. Solar generation facilities, small. (Amdmt. No. O-21-10, 8-3-21)

Sec. 66-133. — Uses permitted by special exception.#

In the R-1 residential district, uses permitted by special exception shall be as follows:

1. Garage apartments. (Amdmt. No. 90-3, 4-18-90)
2. Family day care home. (Amdmt. No. 92-5, 7-15-92)

Sec. 66-134. — Uses permitted by special use permit.#

In the R-1 residential district, uses permitted by special use permit shall be as follows:

1. Public safety facilities serving the neighborhood, such as fire and rescue stations.
2. Senior/elderly housing facility.
3. Solar generation facilities, agricultural. (Amdmt. No. O-21-10, 8-3-21)

(Amdmt. No. 93-4, 8-17-93; Amdmt. No. O-09-3, 5-19-09)

Sec. 66-135. — Minimum lot area.#

(a) In the R-1 residential district, the minimum lot area shall be 10,000 square feet for lots utilizing both public water and sewage disposal systems. For lots containing more than one use or structure, excluding accessory structures, the minimum lot area shall be an additional 10,000 square feet per use or structure.§ (Amdmt. No. 90-3, 4-18-90; Amdmt. No. O-02-2, 2-19-02)

(b) For lots utilizing either a public water system or a public sewer system, the minimum lot area shall be 15,000 square feet. The health official and the zoning administrator may require a greater area if considered necessary by soil and site conditions.§ For lots containing more than one use or structure, excluding accessory structures, the minimum lot area shall be an additional 15,000 square feet per use or structure. (Amdmt. No. 98-1, 4-21-98; Amdmt. No. O-02-2, 2-19-02)

(c) For lots utilizing individual water and sewage disposal systems, the minimum lot area shall be 20,000 square feet. The health official and the zoning administrator may require a greater area if considered necessary by soil and site conditions. For lots containing more than one use or structure, excluding accessory structures, the minimum lot area shall be an additional 20,000 square feet per use or structure. (Amdmt. No. 98-1, 4-21-98; Amdmt. No. O-02-2, 2-19-02)

(d) Lots for other uses shall be not less than one acre (43,560 square feet) in size.§ For acceptable uses served by an individual sewage disposal system, the required area for any such use shall be approved by the health official.§ The health official and the zoning administrator may require a greater area if considered necessary by soil and site conditions.

Sec. 66-136. — Front yard setbacks.#

In the R-1 residential district, buildings shall be located 40 feet or more from any street or road right-of-way, which is 50 feet or greater in width, or 65 feet or more from the centerline of any street or road right-of-way less than 50 feet in width§, except that signs advertising the sale or rent of premises may be erected up to the property line.§ This shall be known as the setback line. (Amdmt. No. O-02-8, 10-1-02)

Sec. 66-137. — Frontage.#

In the R-1 residential zoning district, the minimum frontage of a lot or parcel at the front yard setback line shall be at least 100 feet. (Amdmt. No. O-02-8, 10-1-02)

Sec. 66-138. — Yard setbacks.#

(a) Side yard. The minimum side yard setback for each main structure or use in the R-1 residential district shall be ten feet, and the total width of the two required side yards shall be 25 feet or more. (Amdmt. No. O-02-8, 10-1-02)

(b) Rear yard. Each main building or use shall have a rear yard setback of 25 feet or more. (Amdmt. No. O-02-8, 10-1-02)

(c) Distance between structures. Where more than one main structure or use is permitted on the same lot, there shall be a minimum of 25 feet separation between building or use§ and shall meet the required minimum setbacks for the front, side, and rear yards for a R-1 zone district. (Amdmt. No. O-02-8, 10-1-02)

Sec. 66-139. — Corner lot setbacks.#

(a) In the R-1 residential district, the side yard setback on the side facing an improved side street shall be equal to the front setback for the district in which the lot is located.§

(b) On corner lots, as defined under article XXI of this chapter, for the term "lot, corner," in subdivisions of record prior to May 1965, the setback, as defined in this article, shall be required only from the street line deemed to be the street upon which the lot fronts. The distance by which a structure must be separated from the street line along the longest side of the lot shall be not less than the minimum side yard required by the district regulations. (Amdmt. No. 92-5, 7-15-92; Amdmt. No. 93-4, 8-17-93; Amdmt. No. O-02-8, 10-1-02)

ARTICLE VI — RESIDENTIAL DISTRICT R-2#

ARTICLE VII — RESIDENTIAL PLANNED UNIT DEVELOPMENT R-PUD2#

ARTICLE VIII — BUSINESS DISTRICT B-1#

ARTICLE IX — BUSINESS DISTRICT B-2#

ARTICLE X — INDUSTRIAL DISTRICT M-1#

ARTICLE XI — FLOODPLAIN DISTRICT#

ARTICLE XII — MISCELLANEOUS OVERLAY DISTRICTS#

ARTICLE XIII — NONCONFORMING USES#

ARTICLE XIV — MOBILE/MANUFACTURED HOMES#

ARTICLE XV — ADMINISTRATION AND ENFORCEMENT#

ARTICLE XVI — PROVISIONS FOR APPEAL#

ARTICLE XVII — VIOLATIONS AND PENALTIES#

ARTICLE XVIII — AMENDMENTS#

ARTICLE XIX — GENERAL PROVISIONS#

ARTICLE XX — INTENSIVE LIVESTOCK, DAIRY OR POULTRY FACILITIES#

ARTICLE XXI — DEFINITIONS#

ARTICLE XXII — COMMUNICATION TOWERS#

ARTICLE XXIII — OFF-STREET PARKING REQUIREMENTS#

ARTICLE XXIV — SMALL WIND ENERGY SYSTEMS#

ARTICLE XXV — SOLAR ENERGY SYSTEM#

Summary Table: R-1 District Dimensional Standards#