Chapter 18.70


18.70.010    General description.

18.70.020    Uses.

18.70.030    Buildings and improvements.

18.70.040    Area regulations.

18.70.050    Procedure.

18.70.060    Existing businesses and projects under construction.

18.70.070    Creation of B-4 district advisory board.

18.70.080    Building permit required.

18.70.010 General description.

The B-4 cultural and recreational planned business district is intended to promote and permit the development of businesses within certain areas of the city which will be in harmony with the special cultural and recreational uses of the property within the district. Within the district, the location of the buildings, design of buildings, parking areas, and screening, either natural or as designed, shall be controlled in such a manner that the uses will be compatible with each other and be harmonious so as to be nondetrimental to the existing cultural and recreational uses within the district, or to other property within the district developed hereunder. This chapter should not be interpreted as mandating nor attempting to mandate any particular style or architecture or development, but, for the public welfare, is intended to provide for orderly and harmonious development to preserve the character of the district and enhance the value of the property herein. (Zoning ordinance Art. 4, § 11).

18.70.020 Uses.

Subject to the provisions of SCC 18.70.030 providing for review of plans, etc., the following uses are permitted:

(1) Uses Permitted.

(a) Banks.

(b) Bakeries employing not more than five persons and when products are sold only at retail on the premises.

(c) Custom dressmaking, millinery, tailoring, or similar retail trades employing not more than five persons on the premises.

(d) Drug store.

(e) Eating and drinking establishments, including restaurants and tea rooms; provided, no drive-in service shall be permitted.

(f) Motels, hotels, and bed and breakfast establishments.

(g) Offices, business and professional only.

(h) Accessory buildings and uses customarily incidental to permitted uses not otherwise prohibited in this district which comply with Chapter 18.110 SCC.

(i) Specialty shops catering to local and tourist markets.

(j) Art galleries, museums, tourist centers, community centers, libraries, and similar types of uses intended to promote cultural and/or recreational resources.

(k) Co-location of telecommunication antenna and related equipment as regulated in SCC 18.185.020(4).

(2) Uses Permitted on Review.

(a) Any other business use, not specifically set forth above, considered compatible with the above and the cultural and/or recreational use of the district.

(b) Automobile service establishments, including gasoline service stations and automatic car-washing establishments.

(c) Food stores, fruit or vegetables stands.

(3) General Restriction of Use. No wholesale or jobbing shall be carried on, and no merchandise shall be stored other than that to be sold at retail on the premises; provided, further, that not more than 30 percent of the floor area of any building shall be devoted to reserve stock storage purposes incidental to such primary use. (Zoning ordinance Art. 4, § 11).

18.70.030 Buildings and improvements.

Within the B-4 cultural and recreational planned business district, no building or structure shall be erected, altered or expanded, nor shall the premises, including parking and landscaping, be altered or expanded, until the same has been reviewed by the planning commission and approved by city council as contained in Chapter 18.210 SCC and unless the following conditions have been complied with.

There shall have been filed with the planning commission a written application for recommendation to and approval of the city council of a contemplated use within said district, which application shall be accompanied with the following information:

(1) A plot plan indicating the location of present and proposed buildings, driveways, parking lots, landscaping, screening, and other necessary uses.

(2) Preliminary architectural plans for the proposed building or buildings.

(3) A description of the business operations proposed in sufficient detail to indicate the effects of those operations in producing excessive auto or traffic congestion or problems of noise, glare, odor, fire, or safety hazards, or other factors detrimental to the health, safety, and welfare of the area.

(4) Engineering or architectural plans for the handling of any of the problems of the type outlined in subsection (3) of this section including the handling of storm water and sewers, and necessary plans for the controlling of smoke or other nuisances such as those enumerated under subsection (3) of this section.

(5) An overall signage plan, including drawings, for the proposed development.

(6) Any other information the planning commission or city council may need to adequately consider the effect that the proposed uses may have upon the area, and/or the cost of providing municipal services to the area.

Notwithstanding the foregoing, the provisions of this section and the provisions of SCC 18.70.050 shall not be applicable to any portion of a B-4 district that is subject to the provisions of review applicable under Chapter 18.85 SCC, now or hereafter adopted as a part of this title, nor shall the B-4 district advisory board created in SCC 18.70.070 have any duties or powers with respect to such area, the review procedures of the historic preservation zoning ordinance to stand in lieu of the provisions set forth herein. (Zoning ordinance Art. 4, § 11).

18.70.040 Area regulations.

(1) Lot Area. The minimum lot size shall be sufficient for compliance with all provisions of this district, including but not limited to adequate emergency access, screening required, parking requirements, health and safety requirements, and to enhance and maintain the character of the district.

(2) Front Lot Line. No structure shall be built closer than 35 feet of the front lot line of the lot.

(3) Lot Width, Side Yards, and Rear Yard. No minimum lot width is required and no side or rear yard requirements, except to comply with subsection (1) of this section.

(4) Height Restriction. No building or structures of any type shall be erected within the district that exceed 35 feet in height above the average finished ground elevation adjacent to the front of such building or structure; provided, however, that the city council may, because of unique topographical features, permit a greater maximum height in order to promote the orderly and harmonious development of the district.

(5) Parking. Off-street parking shall be as regulated by Chapter 18.125 SCC. Notwithstanding the foregoing, the planning commission may recommend and council may approve a lesser requirement due to the special nature of the district.

(6) Off-Street Loading and Unloading. Off-street loading and unloading shall be as required by Chapter 18.135 SCC.

(7) Signs.

(a) For each individual business, one wall sign attached to the building having a maximum area of one and one-half square feet for each linear foot of building frontage occupied by a single permitted use.

(b) For each individual business, one freestanding sign for each street frontage, which sign shall not exceed 30 square feet, nor exceed the height of 30 feet.

(c) Signs permitted in SCC 18.140.060.

(d) All other regulations of Chapter 18.115 SCC, as applicable, shall apply. (Zoning ordinance Art. 4, § 11).

18.70.050 Procedure.

(1) All applications made hereunder shall be in accordance with Chapter 18.210 SCC, except as specifically modified herein. The application shall contain the documents required by SCC 18.70.030. The senior planner shall obtain written comments on the proposed application from the fire department, health department, director of public works, recreation department, and building official and submit these with the application. The plot plan shall be prepared by and have the seal of an architect or engineer duly registered to practice in the state of Virginia. The application will not be deemed to be received until all the documentation set forth above has been filed with the senior planner.

(2) Upon receipt of the application, the senior planner shall follow the procedures set forth in Chapter 18.210 SCC, to ensure that the advertisement and notification requirements of that chapter are met, to effect the necessary public hearings before the planning commission and city council.

(3) The senior planner shall also obtain written comments upon the application from the B-4 district advisory board for presentation to the planning commission at or prior to the public hearing to be held upon the application.

(4) After the recommendation of the planning commission upon the application, the senior planner shall ensure that advertisement of the public hearing before city council upon the application is accomplished in accordance with this title.

(5) Following the public hearing before city council, city council shall indicate its approval or denial of the application. All approved plans, conditions, restrictions, and rules made a part of the approval of council shall constitute certification on the part of the applicant that the proposed use shall conform to such use and regulations.

(6) Notwithstanding the provisions of SCC 18.210.070, all applications made hereunder shall be decided within 90 days of the date of application and the applicant shall be provided with a written notice of approval or denial. (Ord. 2017-03. Zoning ordinance Art. 4, § 11).

18.70.060 Existing businesses and projects under construction.

Businesses in existence or projects under construction (pursuant to the authority of the zoning law applicable to the area at the beginning of such construction) within an area subsequently zoned under this B-4 classification shall not be subject to the requirements hereof unless an alteration or expansion of such use of construction is later requested. (Zoning ordinance Art. 4, § 11).

18.70.070 Creation of B-4 district advisory board.

There is created hereby a B-4 district advisory board whose membership, term of office, and duties are as follows:

(1) The B-4 district advisory board shall be composed of seven members appointed by the city council.

(2) Of the members, at least one shall be appointed from a list suggested by the Historic Staunton Foundation; at least one from a list suggested by the Museum of American Frontier Culture; at least one from a list suggested by the tourist advisory board; at least one from a list suggested by the Augusta County Historical Society; and at least one shall be a graduate from an accredited school of architecture. A graduate from a certified school of architecture appointed from a list suggested by any one of the organizations set forth above shall be deemed to satisfy both requirements hereunder.

(3) Of the members of the B-4 district advisory board, first appointed, two shall be appointed for a term of one year, two for a term of two years, two for a term of three years, and one for a term of four years. Thereafter, members shall be appointed for terms of four years respectively. Any member, at the discretion of the city council, may be reappointed for a full term. No members shall serve for more than two consecutive four-year terms.

(4) Vacancies in the B-4 district advisory board shall be filled for the unexpired term in the manner in which original appointments are required to be made.

(5) All members of the B-4 district advisory board shall serve as such without compensation.

(6) The B-4 district advisory board, once constituted, shall hold an organizational meeting and elect a chairman and vice chairman, who shall serve as such for one year or until their successor is elected. The chairman shall convene meetings of the B-4 district advisory board (or the vice chairman in his absence) at such times and places as are necessary to perform the duties of the board.

(7) The B-4 district advisory board shall review the documents presented with the application for a use hereunder and shall consider, among other things, the general design of the buildings and structures, which shall be harmonious and compatible with the special cultural and recreational features of the B-4 district involved and shall make recommendations with respect thereto to the planning commission and/or the city council at or prior to the public hearings scheduled with respect to such application. (Zoning ordinance Art. 4, § 11).

18.70.080 Building permit required.

Before a building or structure is constructed or any improvement made within this B-4 district, a building permit shall be obtained from the building official. (Zoning ordinance Art. 4, § 11).