Highlighted below: 35 of 36 extracted standards. Sections and highlights carry their own anchors. The rest quote wording that differs from this rendering of the text.

ARTICLE I#

General Provisions#

§ 175-1 Old Town section.#

A. Because of the nature of our Town, the members of the Edinburg Planning Commission and the special Zoning Committee who worked on this chapter chose to include an Old Town section.

B. This area, referred to as the "Old Town" for the purposes of this chapter is described as follows: extending from and including the Edinburg Mill property to the Spring Hollow and from Stony Creek to the railroad track.

C. District regulations.

(1) Route 11 and Stony Creek Boulevard shall be zoned the depth of the lot from the obvious front for commercial as set forth in § 175-10.

(2) All remaining areas shall be zoned R-2 as set forth in § 175-8.

(3) Any lawful uses of land which, on the date of the adoption of this chapter, or as a result of subsequent amendments to this chapter, become nonconforming may continue to be used in the same nonconforming way by the present or any subsequent owners, so long as such use remains otherwise lawful, provided that whenever a nonconforming use of land has been discontinued for a period of two years, such use shall not thereafter be reestablished§, and any future use shall be in conformity with the provisions of this chapter, and further provided that any nonconforming use, if changed to a conforming use, shall not thereafter be changed back to any nonconforming use.

D. Special regulations.

(1) Structures located in Old Town shall be a minimum of two stories, not including the basement story§, and shall not exceed maximum heights as set forth in §§ 175-8 and 175-10.

(2) All new structures shall conform with the present structures around it. Structures shall be of complimentary design and construction to the style of architecture most prevalent in the Old Town area.§

§ 175-2 Definitions and word usage.#

A. Word usage.

(1) Words used in the present tense include the future tense, words used in the singular number include the plural number, and words in the plural number include the singular number unless the obvious construction of the wording indicates otherwise.

(2) The word "shall" is mandatory; may is permissive.

(3) Unless otherwise specified, all distances shall be measured horizontally and at right angles to the line in relation to which the distance is specified§.

(4) The word "building" includes the word "structure"; the word "lot" includes the words "plot" and "parcel."

(5) The word "used" shall be deemed also to include "erected," "reconstructed," "altered," "placed" or "moved."

(6) The terms "land use" and "use of land" shall be deemed also to include "building use" and "use of building."

(7) The word "state" means the Commonwealth of Virginia.

(8) The word "Town" means the Town of Edinburg, Virginia.

(9) The word "person" includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual.

(10) The word "approve" shall be considered to be followed by the words "or disapproved."

B. Specific terms. For the purpose of this chapter, certain words and terms are herein defined as follows:

ACCESS — A public or private right-of-way providing the ability to enter, approach or pass to and from one area to another area.

ACCESSORY BUILDING — A building subordinate to and located on the same lot with a main building, the use of which is clearly incidental to that of the main building or to the use of the land and which is not attached by any part of a common wall or roof to the main building.

ACCESSORY USE — A use of a building, lot or portion thereof which is customarily incidental and subordinate to the principal use of the main building or the lot. Swimming pools and tennis courts shall be considered accessory uses.§

ADMINISTRATOR — The official charged with the administration and enforcement of this chapter.

ALLEY — A public right-of-way which affords pedestrian access and a secondary means of vehicular access to the side or rear of abutting property.

ALL-WEATHER SURFACE — Crushed rock, gravel or similar surface.

AMENDMENT — A change in this chapter and/or the Zoning Map granted by the Town Council after review and comment by the Town Planning Commission and the required public hearing.

APARTMENT HOUSE — A multifamily structure originally intended, arranged or designed to be occupied by three or more families each in an individual dwelling unit and living independently of each other. The number of families in permanent residence shall not exceed the number of dwellings provided. Entranceways through the structure to the units may be either common or separate, and each lot on which the building is located shall be held in single ownership, even though individual units may be sold in accordance with this chapter. Such term shall not include row house or townhouse.

ARCHITECT, REGISTERED — A licensed professional architect, registered in the Commonwealth of Virginia by the Department of Professional and Occupational Regulation as an architect. [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

AUTOMOBILE GRAVEYARD — See "junkyard."

AUTOMOBILE PARKING LOT, COMMERCIAL — A lot or portion thereof, other than automobile sales lot, held out or used for the storage or parking of six or more motor vehicles for a consideration, where service or repair facilities are not permitted. Such parking lot shall not be considered an accessory use nor shall it be used for the storage of dismantled or wrecked motor vehicles, parts thereof or junk.

AUTOMOBILE SALES LOT — A lot arranged, designed or used for the storage and display for sale of any new or used motor vehicle capable of independent operation or any type of temporary auto trailer and recreation vehicle, provided that the travel trailer and recreation vehicle is unoccupied, and where repair work is done wholly enclosed within a building. All vehicles to be sold must be operable, except for vehicles awaiting repair.

AUTOMOBILE SERVICE STATION — Any place of business with pumps and underground storage tanks, having as its purpose the servicing, at retail, of motor vehicles, but not including a paint or body shop, machine shop or vulcanizing shop.

BASEMENT — A story partly underground and having 50% or more of the total exterior wall area exposed. It shall not be occupied for residential purposes until the remainder of the building has been completed. A basement shall be counted as a story for the purpose of height requirements, unless otherwise stated in this chapter.§

BED-AND-BREAKFAST — A home occupation use of a single-family dwelling requiring a special use permit§, consisting of rooms maintained for the purpose of providing overnight sleeping accommodations and breakfast for paying guests, and subject to the provisions of § 175-20L. [Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

BLOCK — The property bound on all sides by one side of a street or a combination of street line, railroad right-of-way, unsubdivided land, river, live stream, streambed or any other barrier to the continuity of development.

BOARD — The Board of Zoning Appeals of the Town of Edinburg, Virginia.

BOARDINGHOUSE — A building where, for compensation, lodging and meals are provided for at least three and not more than 13 persons. A boardinghouse is to be distinguished from a hotel. No provisions shall be made by the owner for cooking in individual rooms or suites.

BUILDING — A structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of any person, animal or property of any kind.

BUILDING INSPECTOR — An official designated by the County of Shenandoah to be responsible for certifying building inspection.

BUILDING, MAIN — A building in which the principal use of the lot is conducted.

CARPORT — Any space outside a building and either attached thereto or freestanding, wholly or partly covered by a roof and used for the shelter of a parked motor vehicle. A carport shall have no enclosure, other than the wall of the building it is attached to and one other wall, exclusive of open screens. When freestanding, carports shall be treated as accessory buildings subject to all applicable provisions of the underlying zoning district§ in which the carport is located. [Added 8-11-2009]

CELLAR — A portion of a building having less than 50% of the total exterior wall area exposed. All portions of the total exterior wall area exposed shall be counted for the purpose of height requirements but shall not be considered a story.

CEMETERY — A place of burial of the human dead or remains of human dead.

CIRCUIT COURT — The Circuit Court of Shenandoah County, Virginia.

CLINIC — An establishment where human patients who are not lodged overnight are admitted for examination or treatment by physicians or dentists.

CLUB (PRIVATE) — Those associations or organizations of a fraternal or social nature not operated or maintained for profit. This shall not include a nightclub or other institution operated as a business.

COMMISSION — See "Planning Commission."

COMMON OPEN SPACE — An open tract, or parcel of land owned in undivided interest, not devoted to structures but directly related, and adjunct to a development, as herein provided.

COMPREHENSIVE PLAN — The Comprehensive Plan of the Town of Edinburg, Virginia.

CONVALESCENT HOME — See "nursing home."

COUNTY — Shenandoah County, Virginia.

COVERAGE, BUILDING OR LOT — Percentage of the total lot area which may be occupied by all buildings or located under projections from buildings. Parking areas or patios constructed at ground level shall not be included in the calculation of coverage.§

DECK — Any open structure, terrace, or patio built on grade or elevated, whether attached or detached from the main building on a lot. When a privacy fence constructed in accordance with the provisions set forth in § 175-13 exists at the property line of a lot, a noncombustible terrace or patio may be built to the inside of said fence. Deck construction shall be located no closer than five feet to a privacy fence.§ The floor of an elevated deck built adjacent to a privacy fence shall not be visible above the top of the fence. It is permissible for the railing of an elevated deck to be visible above a privacy fence. When a privacy fence does not exist along a lot line, a deck, terrace or patio shall not be built closer than five feet to any side or rear adjacent lot lines§ or closer than 10 feet to any side or rear street line.§ No permanent roof structures, other than open lattice pergola type structures, shall be permitted on any deck, terrace or patio.§ [Added 8-11-2009]

DENSITY — The number of dwelling units permitted on one acre of land specified herein.

DEVELOPMENT — The process of erecting or causing to be erected buildings or structures on a lot.

DISTRICT — A portion of the Town of Edinburg within which, on a uniform basis, only certain uses of land and buildings are permitted as set forth in this chapter and within which certain lot areas and other uniform requirements are established.

DRIVE-IN EATING ESTABLISHMENT — Any place or premises used for sale, dispensing or serving food, refreshments or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages in motor vehicles on the premises; a refreshment stand; a fast food or primarily carry-out establishment. Food may also be eaten inside.

DRIVEWAY — A space or area providing access specifically designated and reserved on a lot for the movement of vehicles from one lot to another or from a lot to a public street.

DUPLEX — A two-family residential structure, with each unit having its own exterior entrance and its own kitchen and bath facilities; the residential units may be arranged one above the other or be semidetached.

DWELLING — A building or portion thereof which is used or intended to be used exclusively for residential purposes and contains one or more dwelling units. A dwelling shall be constructed in accordance with the Uniform Statewide Building Code.§ [Amended 8-12-1998]

DWELLING UNIT — One room, or rooms connected together, constituting a separate independent housekeeping establishment for owner occupancy or rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities. Each dwelling unit shall be constructed in accordance with the requirements of the Uniform Statewide Building Code. [Amended 12-12-2018]

DWELLING, ATTACHED — A dwelling having any portion of each of two walls in common with adjoining dwellings.

DWELLING, DETACHED — A dwelling which is entirely freestanding on a lot.

DWELLING, MULTIFAMILY — A structure originally arranged or designed to be composed of three or more dwelling units, with the number of families in residence not exceeding the number of dwelling units provided.

DWELLING, SEMIDETACHED — One of two buildings, arranged or designed as dwellings located on abutting walls without openings, and with each building having a separate lot.

DWELLING, SINGLE-FAMILY — A residential dwelling unit other than a mobile home, designed for and occupied by one family.

DWELLING, TEMPORARY — A portable dwelling not necessarily attached to a permanent foundation. These units shall be used only as specified herein.

DWELLING, TWO-FAMILY — A residential building containing not more than two dwelling units within the single building, with such units arranged one above the other or side by side, and such structure designed for occupancy by not more than two families.

EASEMENT — A grant by a property owner of the use of his land, or a portion thereof, by another party for a specific purpose. The initial property owner in the agreement may be compensated for the use of his property.

ENGINEER, REGISTERED — A licensed professional engineer, registered in the Commonwealth of Virginia by the Department of Professional and Occupational Regulation as an engineer. [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

FAMILY — One person, or a group of two or more persons, living together and occupying a dwelling unit, or part of a dwelling unit, as a separate housekeeping unit.

FAST-FOOD ESTABLISHMENT — See "drive-in eating establishment."

FENCE — A barrier, usually made of posts and wire, boards or masonry, intended to prevent escape or intrusion or to make a boundary. Trees, shrubbery or other foliage does not constitute a fence under this definition.

FLOODPLAIN — Sections of land which are subject to periodic flooding and inundation as defined or approved by the Department of Housing and Urban Development. [1]

FLOOR AREA — The floor area of a building or buildings is the sum of the gross horizontal areas of the floors of all buildings on the lot, such area to be measured from the exterior faces of exterior walls. Floor area shall include the area of basements when used for residential, commercial or industrial purposes but not include a basement or portion of a basement used for storage or housing of mechanical or central heating equipment.§

FRONTAGE — Lot width at the setback line.

FUNERAL PARLOR, FUNERAL HOME or MORTUARY — An establishment used for human funeral services, which must include facilities on the premises for embalming and may or may not include facilities for the performance of autopsies, other surgical procedures or cremation. [Amended 8-12-1998]

GARAGE, COMMUNAL — A garage used for the storage of vehicles for occupants of lots in the same or adjacent block or blocks.

GARAGE, PRIVATE — An accessory building used for the storage of vehicles by the occupants of a lot on which such building is located.

GARAGE, PUBLIC — An accessory building, portion of a principal building or principal buildings used only for the storage of four or more vehicles by other than only those occupants of a lot on which such a building is located.

GARDEN APARTMENT HOUSE — A multifamily dwelling, not exceeding three stories in height, containing three or more separate dwelling units, having either common or separate entranceways on a lot held in single ownership having yards in common, but which may also have other joint facilities and services. The term "garden apartment house" shall not be construed to include row house or townhouse.

GOVERNING BODY — The Town Council of Edinburg, Virginia.

HARD SURFACE — Concrete, black top, macadam or similar surface.

HEALTH OFFICIAL (OFFICER) — The Director of the Shenandoah County Department of Health, or his designated deputy, or a representative of the Virginia Department of Health.

HEIGHT OF BUILDING — The vertical distance from the established grade of the center of the front of the building to the highest point of the roof surface of a flat roof, to the deckline for a mansard roof, and to mean height level between the eaves and ridge for hip, gable and gambrel roofs.

HOME OCCUPATION — Any occupation within a dwelling and clearly incidental thereto carried on by a member or members of the family residing on the premises, provided that no person not a resident on the premises is employed§, no stock is kept or commodities sold§, no mechanical equipment is used except that which is normally used for purely domestic or household purposes§, no advertising sign is displayed other than a name plate not exceeding two square feet in area on each face of said plate§, and there is no exterior evidence that the building is being used for any purpose other than a dwelling§, and there is no motor vehicle regularly operated from the premises that carries advertising§. [Amended 8-12-1998]

HOTEL — A building designed or occupied as the temporary abiding place for 14 or more individuals who are, for compensation, lodged, with or without meals, and in which no provision is made for cooking in individual rooms or suites.

JUNKYARD — An establishment or place of business which is maintained, operated or used for storing, keeping, buying or selling junk or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills.

LAUNDROMAT — A building or part thereof where clothes or other household articles are washed or dry cleaned in self-service, coin-operated machines with a capacity for washing not exceeding 25 pounds dry weight and where such washed clothes and articles may also be dried or ironed, and no delivery service is provided in connection therewith.

LAUNDRY — A building, or part thereof, other than a laundromat, where clothes and other articles are washed, dried and ironed or dry cleaned, as a service to others.

LODGE (PRIVATE) — See "club (private)."

LOT — A parcel of land occupied or to be occupied by a building and its accessory buildings or by a use and its accessory uses, together with such open spaces as are required under the provisions of this chapter, having at least the minimum area required by this chapter for a lot in the zone in which such lot is situated and having its principal frontage on a street which has been approved by the Town as acceptable into the Town street system.

LOT DEPTH — The average of the horizontal distances between front and rear lines of a lot measured perpendicular to the street line.

LOT OF RECORD — A lot which has been recorded in the office of the Clerk of the Circuit Court of Shenandoah County, Virginia.

LOT, CORNER — A lot abutting on two or more streets at their intersection.

LOT, INTERIOR — Any lot other than a corner lot.

LOT, THROUGH (DOUBLE FRONTAGE) — A lot, other than a corner lot, which has a frontage on two streets.

LOT, WIDTH OF — The horizontal distance between the side lines of a lot measured along the building setback lines.

MANEUVERING SPACE — An area directly related to required parking areas, designed to permit easy vehicular movement. Maneuvering space shall not be considered as part of any required parking space or loading space.

MANUFACTURE and/or MANUFACTURING — The processing and/or converting of raw, unfinished materials or products, or either of them, into articles or substances of different character, or for use for a different purpose.

MODULAR UNIT — A factory-fabricated transportable building designed to be used by itself or to be incorporated with similar units at a building site into a modular structure. The term is intended to apply to major assemblies, and does not include prefabricated panels, trusses, plumbing trees and other prefabricated subelements incorporated into a structure, and containing independent cooking and sleeping facilities and containing not less than 800 square feet of residential floor area§. Such units shall meet the requirements of the Uniform Statewide Building Code.

MOTEL — An establishment consisting of a group of living or sleeping accommodations with bathroom and closet space, located on a single lot, and designed for use by transient automobile tourists and each unit having its own parking space.

NONCONFORMING ACTIVITY (USE) — The otherwise legal use of a building, structure or tract of land that does not conform to the use regulations of this chapter for the district in which it is located either at the effective date of this chapter or as a result of subsequent amendments to this chapter.

NONCONFORMING LOT — An otherwise legally platted lot that does not conform to the minimum area or width requirements of this chapter for the district in which it is located at the effective date of this chapter or as a result of subsequent amendments to this chapter.

NONCONFORMING STRUCTURE — An otherwise legal building or structure that does not conform with the lot area, yard, height, lot coverage or other area regulations of this chapter, or is designed or intended for use that does not conform to the use regulations of this chapter for the district in which it is located either at the effective date of this chapter or as a result of subsequent amendments to this chapter.

NONPROFIT ORGANIZATION — An organization or group whose charter prohibits profit-making endeavors and which enjoys tax-exemption privileges.

NURSING HOME (CONVALESCENT HOME, REST HOME) — A place containing beds for two or more patients, established to render live-in and/or nursing care for chronic or convalescent patients and which is properly licensed by the state, but not including child-care homes or facilities for the care of drug addicts, alcoholics or other patients requiring extensive and/or intensive care that is normally provided in a general hospital or other specialized hospitals. Such terms shall include group homes serving developmentally disabled persons. [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

OFF-STREET PARKING AREA — Space provided for vehicular parking outside the dedicated street right-of-way.

OPEN SPACE — A portion of the same lot or a portion of a subdivision which is landscaped with shrubs, planted with grass or developed and maintained for recreation purposes, excluding that portion of the lot or subdivision which is utilized for off-street parking purposes. This may include, but is not limited to, squares, greens, neighborhood parks and linear environmental corridors. [Added 12-12-2006]

OPEN SPACE, USABLE LANDSCAPED — That space on the same lot and contiguous to the principal building or buildings, except as herein noted, which is either landscaped with shrubs or planted grass or is developed and maintained for recreation purposes, and excludes that portion of the lot which is utilized for off-street parking purposes.

§ 175-3 Definitions disputes.#

In case of any dispute over the meaning of a word, phrase or sentence, whether defined herein or not, the Zoning Administrator is hereby authorized to make a definitive determination thereof, being guided by the purposes and intent of this chapter as set forth herein; provided, however, that an appeal may be taken from any such determination as provided in Article VII.

§ 175-4 Zoning Map.#

A. Official Zoning Map. The Town of Edinburg is hereby divided into zones or districts as shown on the Official Zoning Map, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be part of this chapter, together with all future notations, references and amendments.[1]

[1] Editor's Note: The Zoning Map is on file in the office of the Town Clerk.

B. Identification of Official Zoning Map. The Official Zoning Map shall be identified by the signatures of the Town Council and attested to by the Clerk of the body, together with the date of the adoption of this chapter.

C. Changing the Official Zoning Map.

(1) If, in accordance with the provisions of this chapter and the Code of the Commonwealth of Virginia, changes are made in district boundaries or other matters portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map promptly after the amendment has been approved by the Town Council.

(2) No changes or any nature shall be made on the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this chapter or any state law, if applicable. All changes shall be noted on the Official Zoning Map by date with a brief description of the nature of the change. Such change shall also be accurately reflected in the minutes of the Town Council meeting at which the change is adopted.

D. Location of Official Zoning Map. The Official Zoning Map shall be located in a public place, as designated by the Council, and shall be the final authority as to the current zoning status of land and water areas in the Town, regardless of unofficial copies which may have been made or published from time to time.

E. Replacement of Official Zoning Map.

(1) In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the Town Council may, by resolution, adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Map may correct drafting or other errors or omissions in the prior Zoning Map, but no such correction shall have the effect of amending the original Official Zoning Map or subsequent amendment thereof. The new Official Zoning Map shall be identified by the signatures of the Town Council, attested to by the Clerk of that body, and bearing the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted __________ as part of the Zoning Ordinance of the Town of Edinburg, Virginia."

(2) Unless the prior Official Zoning Map has been lost or has been totally destroyed, the prior map or any parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendments.

§ 175-5 Zoning districts.#

For the purpose of this chapter, the incorporated area of the Town of Edinburg, Virginia, is hereby divided into the following districts:

District	Designation
Residential District	R-1
Residential District	R-2
Residential District	R-3
General Commercial District	C
Industrial District	I
Institutional, Parks and Recreation	—

§ 175-6 Interpretation.#

Unless district boundary lines are fixed by dimensions or otherwise clearly shown or described, and where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Map, the following rules shall apply:

A. Where district boundaries are indicated as approximately following or being at right angles to the center lines of streets, highways, alleys or railroad main tracks or existing lot lines, such center lines or lines at right angles to such center lines, as the case may be, shall be construed to be such boundaries.

B. Where a district boundary is indicated to follow a river, creek or branch or other body of water, said boundary shall be construed to follow the center line at low water or at the limits of the jurisdiction of said Town, and in the event of change in the shoreline, such boundary shall be construed as moving with the actual shoreline.

C. If no distance, angle, curvature, description or other means is given to determine a boundary line accurately and the foregoing provisions do not apply, the same shall be determined by the use of the scale shown on said Zoning Map.

D. In case of dispute, application may be made to the Board of Zoning Appeals in accordance with this chapter which Board shall then determine such boundary.

E. Where a lot extends through two districts, the zoning district that affects the obvious front of said lot is in effect.

ARTICLE I#

General Provisions#

§ 175-1 Old Town section.

A. Because of the nature of our Town, the members of the Edinburg Planning Commission and the special Zoning Committee who worked on this chapter chose to include an Old Town section.

C. District regulations.

(1) Route 11 and Stony Creek Boulevard shall be zoned the depth of the lot from the obvious front for commercial as set forth in § 175-10.

(2) All remaining areas shall be zoned R-2 as set forth in § 175-8.

(3) Any lawful uses of land which, on the date of the adoption of this chapter, or as a result of subsequent amendments to this chapter, become nonconforming may continue to be used in the same nonconforming way by the present or any subsequent owners, so long as such use remains otherwise lawful, provided that whenever a nonconforming use of land has been discontinued for a period of two years, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this chapter, and further provided that any nonconforming use, if changed to a conforming use, shall not thereafter be changed back to any nonconforming use.

D. Special regulations.

(1) Structures located in Old Town shall be a minimum of two stories, not including the basement story, and shall not exceed maximum heights as set forth in §§ 175-8 and 175-10.

§ 175-2 Definitions and word usage.

A. Word usage.

(2) The word "shall" is mandatory; may is permissive.

(3) Unless otherwise specified, all distances shall be measured horizontally and at right angles to the line in relation to which the distance is specified.