September 6, 2007 - Land Development Regulations

CITY OF BUENA VISTA
PUBLIC HEARING

Notice is hereby given pursuant to Section 15.2-2204 of the Code of Virginia and the City's Land Development Regulations (Regulations) that the Buena Vista City Council and Planning Commission will be holding joint public hearings on September 6, 2007, starting at 6:00 PM or shortly thereafter and each public hearing to immediately follow the previous public hearing to receive public comment on amending 310.00 (Light Manufacturing), 611.00 General Manufacturing), 1103.00 (Penalties), 506.00 (Single Large Buildings) and amending the Zoning map to reflect changes in the City's Land Development Regulations.

The Hearings will be held in the Council Chambers located within the Municipal Building, 2039 Sycamore Avenue. Any questions regarding this matter should be directed to Robert Luke, Zoning Administrator/Planner, 261-3164.

All interested parties are urged to attend the public hearing at which time they will be given the opportunity to provide testimony regarding this matter.

A copy of the proposed changes are on file in the City Manager's Office,
2039 Sycamore Avenue, and is available for review from 8:30 AM to 5:00 PM, Monday - Friday.

Sensory accommodations are available upon a 5 working day notice to the City Manager's Office.

By Order of the Buena Vista Planning Commission Robert Luke Zoning Administrator/Planner



TIME: 7:05 PM
610.00 LIGHT MANUFACTURING DISTRICT (LM)

610.01 Intent of Light Manufacturing District (LM). The intent of the (LM)
Light Manufacturing District is to establish and preserve areas within the city that are suitable for business and light manufacturing uses that provide desirable employment consistent with the goal of maintaining environmental quality. The LM District is designed to permit a wide variety of manufacturing, business, industrial and warehouse uses and activities that occur primarily within enclosed structures, with minimal or no environmental impacts associated with smoke, odor and noise.

610.02 Permitted Uses. Within the Light Manufacturing District (LM) the
following uses are permitted:

610.02-1 Establishments engaged in the processing, manufacturing,
compounding, assembly, packaging, treatment or fabrication of materials and products, from processed or previously manufactured materials. These establishments are capable of operation in such a manner as to control the external effects of the assembly of 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 similar production characteristics.

610.02-2 Automobile painting, upholstering, repairing, rebuilding,
reconditioning, body and fender work, truck repairing or overhauling, tire retreading or recapping;

610.02-3 Laboratories-pharmaceutical and/or medical;

610.02-4 Manufacture, compounding, processing, packaging or treatment
of such products as bakery goods, candy, dairy products, and food products;

610.02-5 Cabinets, furniture and upholstery shops

610.02-6 Monumental stone works;

610.02-7 Public service or storage buildings;

610.02-8 Public utilities;

610.02-9 Public water and sewage systems;

610.02-10 Animal hospital, kennels;

610.02-11 Wholesale business, storage warehouses;

610.02-12 Equipment sales and rental;

610.02-13 Laundries, dry cleaning and clothes dying establishments;

610.02-14 Newspaper offices;

610.02-15 Printing shops, including gravure, lithographic, flexographic, screen, digital, and other similar forms of printing;

610.02-16 Business and professional office;

610.02-17 Radio and television broadcasting studios;

610.02-18 Call centers; data centers;

610.02-19 Parking garages and lots;

610.02-20 Picture frame manufacturing and assembling;

610.02-21 Self-storage Facility. Also referred to as a mini-storage facility. A facility consisting of individual storage spaces available for rent to the general public.

610.03 Conditional Use. When after review of an application and hearing thereon, in accordance with Article 8 herein, the following uses may be permitted:

610.03-1 Building material sales yards, plumbing supplies storage;

610.03-2 Coal and wood yards, lumber yards, feed and seed stores;

610.03-3 Contractor's equipment storage yards or plants, or rental of equipment commonly used by contractors,

610.02-4 Commercial radio, television, and communication towers along with related buildings and equipment provided the requirements of Article 13 are met; (Added by Council 11/13/97)

610.03-5 Retail stores and shops;

610.03-6 Public buildings and properties of a cultural, administrative, or service type;

610.03-7 Museums;

610.03-8 Art galleries;

610.03-9 Other uses of the same general character and compatible with the foregoing permitted and conditional uses.

610.04 Accessory Uses. Where a lot is devoted to a permitted principal use, customary accessory uses and structures are authorized. The following rules are applicable:

610.04-1 Temporary buildings for uses incidental to construction work, such buildings shall be removed upon completion or abandonment of the construction work;

610.04-2 Signs as provided for in Article 7;

601.04-3 Existing structures to include towers, power towers, water tanks, telephone poles, commercial buildings and rooftops, may be used to affix commercial radio, television, and communication antennas provided the requirements of Article 13 are met. (Added by Council 11/13/97)

610.05 Requirements for Permitted Uses.

610.05-1 Before a building permit shall be issued or construction commenced on any permitted use in this district, or a permit issued for a new use, the plans, in sufficient detail to show the operations and processes, shall be submitted to the Zoning Administrator for study. The Administrator may refer these plans to the Planning Commission for recommendation. Modifications of the plans may be required;

610.05-2 All permitted and conditional uses are subject to the lighting regulations contained in Appendix F.

610.05-3 All permitted and conditional uses are subject to the size restrictions set forth in Section 506.00 of the city's land Development Regulations.

610.05-4 Sufficient area shall be provided to: (a) adequately screen permitted uses from adjacent business and residential districts; and (b) for off-street parking of vehicles incidental to the industry, its employees, and clients;

610.05-5 Automobile graveyards and junkyards in existence at the time of the adoption of this Ordinance are to be considered as nonconforming uses. They shall be allowed up to three (3) years after adoption of this Ordinance in which to be completely screened, on any side open to view from a public road, the operation of use;

610.05-6 The Administrator shall act on any application received within thirty (30) days after receiving the application. If formal notice in writing is given to the applicant, the time for action may be extended for a thirty (30) day period. Failure on the part of the administrator to act on the application within the established time limit shall be deemed to constitute approval of the application.

TIME: IMMEDIATELY FOLLOWING THE LIGHT MANUFACTURING DISTRICT (GM) (610) PUBLIC HEARING

611.0 GENERAL MANUFACTURING DISTRICT (GM)

611.01 Intent of the General Manufacturing District (GM) The primary purpose of this district is to establish and preserve areas within the city that are suitable for business and industrial operations, which may create some nuisance, and which are not properly associated with, nor particularly compatible with residential, institutional, and commercial service establishments. This district allows a variety of industrial and warehouse uses. Manufacturing activities and uses within this district occur primarily with the enclosed structures, but uses have significant storage needs.

611.02 Uses Within the General Manufacturing District (GM) the following uses are permitted:

611.02-1 All uses permitted in the Light Manufacturing District (LM) except, Animal hospitals, kennels, laundries, dry cleaning and clothes dying establishments; newspaper offices; business and professional offices; radio and television broadcasting studios; parking garages and lots;

611.02-2 Enterprises in which goods are generally mass produced from raw material on a larger scale through use of an assembly line or similar process, usually for sale to wholesalers or other industrial or manufacturing uses. Included in this use type are industries involved in processing and/or refining raw materials such as rubber, wood or wood pulp, forging, casting, melting, refining, extruding, rolling, drawing, and/or alloying ferrous metals, and the production of large durable goods such as automobiles and manufactured homes.

611.02.-3 Automobile assembling;

611.02-4 Building materials sales yards, plumbing supplies storage;

611.02-5 Coal and wood yards, lumber yards, feed and seed stores

611.02-6 Contractors' equipment storage yards and plants, or rental of equipment commonly used by contractors;

611.02-7 Boat building;

611.02-8 Sawmills and planning mills;

611.02-9 Brick manufacturing;

611.02-10 Off-street parking as required by this Ordinance;

611.02-11 Signs s provided in Article 7;

611.02-12 Self-Storage Facility Also referred to as a mini-storage facility. A facility consisting of individual storage spaces available for rent to the general public

611.03 Conditional Uses. When after review of an application and hearing thereon, in accordance with Article 8 herein, the following uses may be permitted:

611.03-1 Manufacture or production of aluminum;

611.03-2 Airports;

611.03-3 Truck terminals;

611.03-4 Sand and gravel operations;

611.03-5 Mining operations;

611.03-6 Petroleum storage;

611. 03-7 Junk yards and automobile graveyards in accordance with the provisions in Article 7;

611.03-8 Manufacture, production, or processing of asphalt.

611.03-9 Commercial radio, television, and communication towers along with related buildings and equipment provided the requirements of Article 13 are met; (Added by Council 11/13/97)

611.03-10 Other uses of the same general character and compatible with the foregoing permitted and conditional uses.

611.04 Requirements for Permitted Uses

611.04-1 Before a building permit shall be issued or construction commenced on any permitted use in this district, or a permit issued for a new use, the plans, in sufficient detail to show the operations and processes, shall be submitted to the Zoning Administrator for study. The Administrator may refer these plans to the Planning Commission for recommendation. Modifications of the plans may be required;

611.04-2 Final grading and site finishing are required on parcels where uses are permitted in this district. The execution of this requirement must take into consideration traffic hazards.

611.04-3 All permitted and conditional uses are subject to the lighting regulations contained in Appendix F.

611.04-4.1 All permitted and conditional uses are subject to the size restrictions set forth in Section 506 of the city's Land Development Regulations.

611.04-4 The Administrator shall act on any application received within thirty (30) days after receiving the application. If formal notice in writing is given to the applicant, the time for action may be extended for a thirty (30) day period. Failure on the part of the Administrator to act on the application within the established time limit shall be deemed to constitute approval of the application.

611.05 Accessory Uses. Where a lot is devoted to a permitted principal use, customary accessory uses and structures are authorized. The following rules are applicable: (Added by Council 11/13/97)

611.05-1 Existing structures to include towers, power towers, water tanks, telephone poles, commercial buildings and rooftops, may be used to affix commercial radio, television, and communication antennas provided the requirements of Article 13 are met.\

TIME IMMEDIATELY FOLLOWING THE GENERAL MANUFACTURING DISTRICT (611) PUBLIC HEARING

1103.0 PENALTIES

Any violation, by any person, firm or corporation, whether as principal agent, employee, or otherwise, of the provisions of these regulations shall be a misdemeanor punishable by a fine of not less than $10 or more than $1000. If the violation remains uncorrected at the time of conviction, the court shall order the violator to abate or remedy the violation in compliance with the zoning ordinance, within a time period established by the court. Failure to remove or abate a zoning violation, within the specified time period shall constitute a separate misdemeanor offense punishable by a fine of not less than $10 nor more than $1000, and any failure to remove or abate a zoning violation during any succeeding 10-day period shall constitute a separate misdemeanor offense foe each 10-day period, punishable by a fine of not less than $100 nor more than $1500.

TIME: IMMEDIATELY FOLLOWING 1103.00 PENALTIES PUBLIC HEARING
Section 506.00 Buildings meeting or exceeding the size limits set forth below must receive a conditional use permit in accordance with Article 8 of these regulations prior to construction:


DISTRICT SQUARE FEET
LOW DENSITY RESIDENTIAL DISTRICT R-1 10,000 SQUARE FEET
RESIDENTIAL DISTRICT R-2 10,000 SQUARE FEET
RESIDENTIAL DISTRICT R-3 10,000 SQUARE FEET
MEDIUM DENSITY RESIDENTIAL DISTRICT R-4 10,000 SQUARE FEET
RESIDENTIAL DISTRICT R-5 10,000 SQUARE FEET
MIXED BUSINESS MB 10,000 SQUARE FEET
INSTITUTIONAL DISTRICT INST 25,000 SQUARE FEET
GENERAL BUSINESS DISTRICT B-1 50,000 SQUARE FEET
PLANNED BUSINESS DISTRICT B-2 50,000 SQUARE FEET
LIGHT MANUFACTURING DISTRICT LM 200,000 SQUARE FEET
GENERAL MANUFACTURING DISTRICT GM 300,000 SQUARE FEET


506.01 Multiple buildings in connections with a common commercial enterprise shall be treated as a single building for the purposes of the size limitations contained herein, regardless of whether such buildings are on a common lot or owned by a common owner.

506.02 "Commercial enterprise" as used in this section shall mean any person or entity, or combinations of persons or entities, engaged in a common business, industrial, or commercial undertaking. For purposes of this section, residential uses shall not be considered commercial enterprise.

506.03
PUBLIC HEARING IMMEDIATELY FOLLOWING THE SIZE LIMITS PUBLIC HEARING AMENDING THE MAP TO REFLECT, The Enderly Heights area change from C-1 to R-2. A school is a permitted use in Residential, R-2 and is not a permitted use in the present zoning of C-1 Conservation District.

The LIGHT MANUFACTURING - (LM) DISTRICT as shown on the map The GENERAL MANUFACTURING - GM district as shown on the map City owned property (along Route 501 South) to PUD District Along 501 South to LIGHT MANUFACTURING - (LM) as shown on the map Buffer along Residential (R-2) to CONSERVATION (C-1) as shown on the map Buffer along City Boundary line (501 South) to CONSERVATION (C-1) as shown on map