§ 154.2.126 GENERAL REGULATIONS FOR RESIDENTIAL USES.
   In addition to the regulations included in these tables, this section provides regulations which supplement those in the tables.
   (A)   Height. The maximum height for any dwelling structure shall be as defined in Appendix B except where elevation is required for compliance with Chapter 159 Floodplain Management. Height shall be measured as the vertical distance from the average finished grade at the building line to the top of the highest roof beam of a flat roof or to the peak of pitched or hip roofs or a mansard roof.
   (B)   Off-street parking. Off-street parking shall be provided for the permitted uses in accordance with §§ 154.2.205 et seq.
   (C)   Single- and double-wide manufactured homes. Single- and double-wide manufactured homes shall be permitted as indicated in Appendix A, Residential Uses. All such homes must comply with all applicable local, state, and federal regulations.
   (D)   Use of existing non-residential buildings. When a townhouse, row house, duplex, multi-family attached dwelling unit, and/or dwelling unit in a mixed-use structure is not otherwise allowed in a zoning district as either by-right or with a special use permit, as identified in Appendix A, Use Regulations, of Chapter 154.2, or as identified in Appendix A, Use Regulations, of Appendix D, 2000 Zoning Code, or is precluded by maximum density limits for a zoning district, as identified in Appendix B, Densities, Lot Sizes and Dimensions, of Chapter 154.2, or as identified in Appendices E and F of Appendix D, 2000 Zoning Code, such uses shall be allowed to be established, with the issuance of a special use permit, in existing non-residential buildings subject to the following standards:
      (1)   Prohibited zoning districts. Dwelling units as authorized and created under this section shall not be allowed in the Conservation, Existing Industrial, or Working Waterfront zoning districts.
      (2)   Existing building used. The proposed residential dwelling unit(s) shall make use of a building or portion which is no less than ten years old as of the date of application for a special use permit, as authorized. Such buildings may be renovated and additions of up to 25% of the existing square footage are permitted.
      (3)   Multiple uses. In addition to proposed residential dwelling units, buildings utilized may be used for other non-residential uses as allowed per Appendix A of Chapter 154.2 and/or Appendix A of Appendix D.
      (4)   Number of units/density. No more than one residential dwelling unit may be established subject to this section without meeting the requirements of § 154.2.108 (D)(2). Regardless, units created subject to this section shall not be subject to density limits as identified in Appendix B, Densities, Lot Sizes and Dimensions, of Chapter 154.2, or as identified in Appendices E and F of Appendix D, 2000 Zoning Code, or otherwise subject to a density limit or maximum number of units, except that the maximum number of units created in any individual building shall be limited to eight units in all districts other than Waterfront Village - Waterfront Commercial District (WV-WC), Town Edge - Commercial General District (TE-CG), or Commercial District (C-1), or as such density or maximum number of units may be further limited by conditions imposed on a special use permit.
      (5)   Short-term rentals. Dwelling units established subject to this section shall not be used as short-term rentals; such prohibition may be imposed through conditions applied to any special use permit issued pursuant to this section.
      (6)   Parking. Parking shall comply with applicable requirements contained in § 154.2.205 thru § 154.2.213 of the zoning ordinance (i.e., "OFF-STREET PARKING AND LOADING").
      (7)   Impervious surfaces and open space requirements. Except where necessary to provide additional parking to meet off-street parking requirements, no new impervious surfaces, including but not limited to accessory structures, building additions, or driveways, may be created that would result in a construction footprint (including the existing building) greater than 60% of the site. Open space must be maintained in accordance with the requirements in this chapter.
      (8)   Utilities. All water and wastewater systems serving dwelling units shall meet Northampton County, Virginia Dept. of Health (VDH) and Virginia Department of Environmental Quality (DEQ) requirements.
      (9)   Lighting. All lighting in conjunction with proposed dwelling units shall be proposed in conjunction with the special use permit process and subject to review, approval, and any conditions imposed.
(Ord. passed 4-12-2016; Ord. passed 4-9-2024)