Accessory buildings shall meet the standards of the underlying zoning district, including yards and height regulations unless otherwise specified in this chapter.

Accessory buildings are not permitted in front of primary structures regardless of setbacks.

Accessory buildings shall not exceed 40% of the gross floor area of the main structure.

Shall not be erected in the Old and Historic District without a certificate of appropriateness awarded by the Historic Preservation and Review Board.

Portable storage containers used as permanent storage located outside of a fully enclosed building or structure in a district other than a residential district or planned unit development and visible from adjacent properties or highways must be buffered in compliance with Article VIII, Community Design Standards.

Portable storage containers located outside of a fully enclosed building or structure in a residential district or the planned unit development district are subject to the following:

An accessory dwelling unit is allowed only as accessory to a single-family detached dwelling.

Only one accessory dwelling is permitted per parcel unless approved by a special use permit.

Such structures shall comply with all dimensional standards that apply to the primary structure.

An accessory dwelling unit shall not be subdivided or otherwise segregated in ownership from the main single-family dwelling unit.

A manufactured home or recreational vehicle, travel trailer, camper, or similar structure shall not be used as an accessory dwelling unit.

The floor area of an accessory dwelling unit shall be no more than 800 square feet in finished floor area. Additional square footage may be approved through a special use permit.

Purpose. It is a purpose of this chapter to regulate sexually oriented businesses in order to promote the health, safety, and general welfare of the citizens of the Town and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the Town. The requirements of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.

Findings. Based on evidence of the adverse secondary effects of adult uses, and on findings, interpretations, and narrowing constructions incorporated in numerous legal cases, it is recognized that:

Measurements of distance. All distances specified in this section shall be measured from the property line of one use to another. The distance between an adult use and a residentially zoned district shall be measured from the property line of the use to the nearest point of the boundary line of the residentially zoned district.

No adult store may be established within 1,000 feet of any other adult store in any zoning district.

No adult store may be established within 750 feet of a residential zoned district, educational facility, religious assembly, public park and recreation area, public use, or day-care center as defined in this chapter.

The establishment of an adult store as referred to herein shall include the opening of such store as a new store, the relocation of such store, the enlargement of such store in either scope or area, or the conversion, in whole or part, of an existing business into an adult store.

No adult store shall display adult media, depictions of specified sexual activities or specified anatomical areas in its window, or in a manner visible from the street, highway, or public sidewalk, or the property of others. Window areas shall remain transparent.

Signs may not include graphic or pictorial depiction of material available on the premises.

Allowed without a permit. Domestic farm animals shall be an allowed accessory to a residential use without a permit, subject to the following standards (all other situations shall require a permit):

Allowed with a permit. A permit may be issued to allow domestic farm animals on residentially zoned property which contains less than three acres, subject to the following standards:

Any agriculture, intensive use shall meet the following minimum requirements:

Applicability. This section applies only to the events and activities and does not apply to the agricultural operation itself.

Agritourism shall comply with the following general standards:

No portion of the use, excluding required screening and landscape buffers, shall be located within 100 feet of a residential district or structure containing a dwelling unit.

All repairs and maintenance of vehicles, including parts installation, shall be performed within a completely enclosed building.

No exterior display of new or used automobile parts shall be permitted.

Outdoor storage of new or used parts, including temporary on-site storage of vehicles awaiting, repair, service, or removal, as an accessory use, where permitted, shall be subject to the use requirements of this article.

No vehicle or equipment displays shall be located within a required yard, fire lane, travel way, sidewalk, or landscaped area.

All vehicles for sale shall be parked in a striped parking space or a vehicle display pad.

The vehicle display pad may be elevated not more than two feet above grade level.

No vehicle or other similar items shall be displayed on the top of a building.

Outdoor displays shall be limited to the vehicles being sold, rented, or leased on the property. No other display of any other goods or merchandise shall be permitted.

All accessory vehicle maintenance or service shall be conducted within a completely enclosed building and subject to the use requirements in Section 7-2-7, Automobile repair service.

All vehicles must be operational.

Outdoor storage, including temporary on-site storage of vehicles awaiting repair, service, or removal, as an accessory use, where permitted, shall be subject to the use requirements of this article.

A bed-and-breakfast is allowed as a special use only as accessory to a single-family detached dwelling and must be occupied by the owner/operator during operation.

The operator shall hold a valid business license from the Town and, where applicable, a permit from the Department of Health.

Every room occupied for sleeping purposes shall comply with Uniform Statewide Building Code.[1]

Signage must comply with the signage regulations of this chapter.

Guest rooms shall not have cooking facilities.

The maximum stay for a guest shall be 30 consecutive days.

Bed-and-breakfast establishments are permitted to provide transient accommodations. Food services in connection with the use shall be limited to meals provided to guests taking lodging at the facility. Restaurant service open to the general public is a separate use, permitted according to the district regulations. Additional activities, including receptions, parties, and other events, are not permitted unless specifically authorized by the special use permit.

The minimum required area for the use shall be three acres.

No more than one permanent residence shall be allowed in a campground, which shall only be occupied by the owner or manager.

The camping area shall comply with all sanitary and other requirements prescribed by law or regulations.

All bulk solid waste receptacles shall be maintained in a clean condition. Such receptacles shall be enclosed on all four sides to shield it from public view or from unauthorized access. The owner of the premises benefitted by a bulk solid waste receptacle shall maintain the screening in workable and effective condition.

Main campground roads shall be paved or treated to prevent dust.

Each camping site shall also have one parking space, with minimum dimensions of 10 feet by 20 feet.

Each site shall be marked to be readily identifiable and easily readable from the park or camp road.

Patrons in campgrounds may stay no longer than 14 nights in any thirty-day period or 45 nights in any one calendar year.

Retail sales for the convenience of campground tenants are permitted. Items are limited to food, concessions, recreational supplies, personal care items, and other items clearly supportive of campground tenants' needs.

The sale and/or storage of recreational vehicles that are not occupied nightly is strictly prohibited.

The overall design shall evidence a reasonable effort to preserve the natural amenities of the site.

Accessory structures or recreation facilities, washrooms, swimming pools, game courts, and the like shall not be located closer than 100 feet to any campground boundary or closer than 200 feet to any lot in a residential district.

Standards for all car washes.

Automatic car washes. The following standards shall be followed in development of site plans for automatic car washes or buildings using production line methods with a chain conveyor, blower, steam cleaning device, or other mechanical device:

Self-service car washes. The following standards shall be followed in development of site plans for coin-operated, self-service car washes not necessarily requiring an attendant:

The general purpose of the cottage housing development standards are as follows:

Application process and design review. The application and review process are pursuant to Article III, Permits and Applications.

Development regulations.

Existing nonconforming structures.

Maximum building height is 25 feet.

Variations in building design. Cottage housing development structures shall provide variety and visual interest by using a combination of building elements, features and treatments in cottages as well as garages.

Covered main entry porches. All residences in cottage housing developments shall be provided with a covered main entry porch to create a private outdoor space protected from the weather and provide a transition from the interior private residential space to the semi-private outdoor space.

Floor area. Structures in cottage housing developments shall be designed to be single story or single story plus a loft.

Setbacks. Exterior lot line building setbacks in cottage housing developments shall be the same as the underlying zoning district unless a variance is approved by the Planning Commission as part of the SUP.

Building separation. Structures within cottage housing developments shall observe minimum setbacks from other cottage housing development structures to avoid overcrowding the site and to maintain a sense of privacy within the cottages themselves.

Common open space. For the purposes of cottage housing, "common open space" shall be the central space that may be used by all occupants of the cottage housing development. Open space that is commonly owned by all members of a cottage housing development is an important feature of any site design. It is intended that the open space be adequately sized and centrally located with individual cottage entrances oriented towards the open space.

Private open space. Each residential unit in a cottage housing development shall be provided an area of private open space. The private open space shall separate the main entrance to the cottage from the common open space to create a sense of privacy to create a small but pleasant private yard area. The private open space may be separated from the common open space with a small hedge, picket fence, or other similar visual separation to create a sense of separate ownership.

Off-street parking. Off-street parking shall be located and designed to be less visible from frontage streets than the cottages themselves. Off-street parking shall be designed to maintain a pedestrian character for the overall cottage housing development. Clustering parking to the side or rear of a cottage project will most often best accomplish these goals. However, on a site-specific basis, design solutions other than clustering may be found to meet this objective through the alternative design process. Parking areas shall be attractively landscaped to screen parking from adjacent properties and public rights-of-way and shall meet applicable parking lot landscape standards.

Exterior lighting and heating/cooling equipment. Cottage housing developments should be designed to minimize light and noise impacts both within the development and to adjacent properties.

Street facing facades. The street-facing facades of cottages in a cottage housing development will contribute to the neighborhood by including attractive design details such as windows, changes in materials, and views of front doors or porches. The main entries of some cottages will be visible from the adjacent streets to provide a visual pedestrian connection with the surrounding neighborhood.

Ownership and residual use of cottages. All cottage housing developments shall be developed as residential condominiums, pursuant to the provisions found in Code of Virginia, Title 55, Ch. 4.2 et seq., known commonly as the "Condominium Act."[1] Appropriate documentation of formal legal ownership of the development shall be recorded with the Commonwealth of Virginia, the Washington County Circuit Court Clerk, and the Tax Assessor's Office.

Access to public streets or other public ways shall be provided from at least two points at all times. Such means of access shall be kept clear at all times. The Administrator may modify the number of required accesses.

The sale of goods or services from a window or other exterior opening in a facility shall not be permitted unless such window or opening is at least 20 feet from any property line.

The parking area of any drive-through facility shall be adequately illuminated. Such illumination shall be in conformance with the regulations set forth in Article VIII, Community Design Standards.

Stacking spaces shall not interfere with the travel way traffic or designated parking spaces.

A minimum of six stacking spaces shall be located behind the order speaker and four stacking spaces shall be located between the order speaker and the pickup window.

The manufactured home shall comply with the Virginia Manufactured Housing Construction and Safety Standards Law.[1]

The manufactured home dwelling shall be placed on a permanent foundation and shall comply with the requirements of the Virginia Uniform Statewide Building Code,[2] including skirting requirements.

Two or more manufactured home dwellings shall not be joined or connected together as one dwelling, nor shall any accessory building be attached to a manufactured home dwelling. This does not prohibit manufactured home dwellings designed and manufactured as multisection homes.

Spacing between buildings. Groups of multifamily dwellings located on the same property shall be considered as one building for the purpose of determining front, side, and rear yard requirements. The entire group as a unit shall require one front yard, two side yards, and one rear yard as specified in the appropriate district. However, structures shall be located according to the following standards to maximize efficient use of land and still provide adequate open space between them:

Pedestrian access. Pedestrian access shall be provided with a dustless surface to all common area elements, including mail kiosks, parking lots, refuse collection areas, recreational amenities and to adjoining properties and along public roadways.

Roads and private pavement. All roads and private pavement shall have concrete curb and gutter.

Screening of mechanical equipment and refuse collection. Whether ground level or rooftop, any refuse collection or mechanical equipment visible from adjacent property or roads shall either be integrated into the architectural treatment of the building or screened from view in accordance with Article VIII, Community Design Standards.

Placement. No more than eight adjoined townhouse units may be constructed in a single row.

Architectural treatment of townhouses. The facades of each unit of a townhouse structure shall be varied by changing front yard depth and utilizing variations in materials or design, so that no more than four abutting townhouse units have the same front yard depth or the same or essentially the same architectural treatment of facades and rooflines. These requirements shall not apply in the Old and Historic District.

Vehicular access. Each townhouse unit shall have unencumbered access from a dedicated public street. A shared driveway or existing private street may be allowed serving all townhouses in a development from one entrance, provided that the use and maintenance of such shared driveway or existing private street by all owners is required and that the use and maintenance of such shared driveway or existing private street is protected by deed covenants or restrictions.

Pedestrian access. Pedestrian access shall be provided with a dustless surface to all common area elements, including mail kiosks, parking lots, refuse collection areas, recreational amenities and to adjoining properties and along public roadways.

Roads and private pavement. All roads and private pavement shall have concrete curb and gutter.

Landscaping and buffer. Landscaping shall be installed as required in Article VIII, Community Design Standards.

Screening of mechanical equipment and refuse collection. Whether ground level or rooftop, any refuse collection or mechanical equipment visible from adjacent property or roads shall either be integrated into the architectural treatment of the building or screened from view in accordance with Article VIII, Community Design Standards.

Open space and amenities. In any townhouse project resulting in the creation of any open space and amenities thereon, broadly defined, the maintenance and upkeep of such areas and elements shall be provided for by an arrangement acceptable to the Town and in compliance with this article or applicable state statutes.

No equipment displays shall be located within a required yard.

No elevated equipment display shall be permitted.

No display shall be on top of a building or structure.

Outdoor displays shall be limited to the equipment being sold, rented, or leased on the property. No other display of any other goods or merchandise shall be permitted.

All accessory maintenance or service shall be conducted within a completely enclosed building and subject to the use requirements of this article.

All equipment must be operational.

Outdoor storage as an accessory use, where permitted, shall not exceed 30% of the total site area and shall be subject to the use requirements of this article.

Such structures shall comply with all yard requirements that apply to the primary structure.

Only one family health care structure shall be allowed on a lot or parcel of land.

The structure shall be no more than 300 gross square feet and shall comply with all applicable provisions of the Industrialized Building Safety Law (§ 36-70 et seq.), and the Uniform Statewide Building Code (§ 36-97 et seq.).

Prior to installing a temporary family health care structure, a permit must be obtained from the Town and associated fees paid.

Any family health care structure shall comply with all applicable requirements of the Virginia Department of Health.

No signage shall be permitted on the exterior of the structure or anywhere on the property.

Any temporary family health care structure shall be removed within 60 days of the date on which the temporary family health care structure was last occupied by a mentally or physically impaired family member receiving services or assistance.

The Town may revoke the permit if the permit holder violates any provision of this section.

Applicants shall demonstrate sufficient traffic circulation, parking, and will contain a similar design and massing to neighborhood structures.

Entrances to the site shall be minimized and located in a manner promoting safe and efficient traffic circulation while minimizing the impact on the surrounding neighborhood.

In cases where there is no existing curb, gutter or sidewalk along the street or streets from which the gasoline station shall take access, the developer shall at his own expense construct the necessary curb, gutter and sidewalk according to the specifications of the Town.

Any canopy over the fuel pumps shall have the same roof shape and exterior materials as the primary structure.

Buildings shall be set back at least 40 feet from the street right-of-way line and at least 10 feet from any other property line.

The site shall be screened in accordance with the regulations set forth in Article VIII, Community Design Standards.

No delivery tanker shall be allowed to park on public right-of-way during gasoline delivery, nor shall any hose be permitted on the public right-of-way.

In cases where a hillside must be graded for construction, suitable protection for the hillside must be provided for slopes in accordance with the Town's erosion and sediment control standards.[1]

Lighting shall be provided in accordance with the regulations as set forth in Article VIII, Community Design Standards.

The standards for home occupations included in this section are intended to insure compatibility with other permitted uses and with the residential character of the neighborhood. Unless the home occupation requires a SUP, all property owners wishing to carry on a home occupation shall obtain written permission from the Town of Abingdon Community Development Department.

Home occupation, Category A.

Home occupation, Category B.

Home occupation, Category C.

No portion of the use, excluding required screening and landscape buffers, shall be located within:

All exterior runs, play areas, or arenas shall be designed with a minimum six-foot-high opaque screen from adjacent lot lines and street rights-of-way.

Kennels must be kept free of waste on a regular basis to minimize impacts of odor and reduce propagation of pests.

Minimum size. A manufactured home park shall consist of three or more contiguous acres.

Minimum space area. Each manufactured home space shall consist of 4,500 square feet or more and shall have a width of 45 feet or more, which shall front on a public or private street.

Minimum yards. Manufactured homes and other structures shall be located 25 feet or more from any public street right-of-way that is 50 feet or greater in width or 50 feet or more from the center line of any street right-of-way less than 50 feet in width. Manufactured homes and other structures above surface shall be set back at least 10 feet from the right-of-way of internal private streets.

Yard regulations. Manufactured home spaces shall have a minimum side and rear yards of 10 feet. No structures above surface shall be a located within the minimum yard area.

Manufactured home placement. Manufactured homes shall be placed in designated pad sites and shall not obstruct any road, private pavement, sidewalk, or public utility easement.

Utilities. All manufactured home parks shall be provided with central water system and sewer system, approved by the Virginia Health Department, and all manufactured homes within a manufactured home park shall be required to hook up to such systems. Each manufactured home space shall be provided with electrical service installed in accordance with the National Electrical Code.

Public areas. A minimum of 500 square feet per manufactured home space of recreational area shall be provided in common area on the site. Fifty percent of the required area shall be outside of floodplains and have a slope of not more than 10%. Sufficient recreation facilities such as playground equipment, playfields and courts, picnic tables, and benches, as deemed appropriate at time of plan review, shall be installed within the required recreation area. Recreational facilities shall be designed, constructed and maintained to be safe for users. All required safety fall zones and surfacing standards shall be met. The size and shape of each recreation area shall be adequate for the intended use.

Service areas and accessory uses. Centrally located service buildings may provide common laundry facilities, office space for management and accessory uses customarily incidental to the operation and maintenance of a manufactured home park.

Access. Manufactured home parks shall have access to a paved public street. The design and construction of the interior street system shall be sufficient to adequately serve the size and density of the development. All interior streets shall conform and be constructed to the specification of the Town of Abingdon streets standard.

Floodplain. No manufactured home site shall extend into a floodplain.

Refuse storage. An acceptable garbage and refuse collection program and temporary storage system shall be provided, with such program and physical system subject to final plan approval.

Dwelling units shall be allowed by-right on the second floor or any higher floor.

Dwelling units occupying the first floor of any structure shall only be allowed under the following circumstances:

Mobile vendors must obtain a Town mobile vending permit and a business license from the Town of Abingdon.

Mobile restaurants must maintain a valid health permit issued by the Virginia Department of Health.

No music shall be played that is audible outside of the vehicle unless a noise permit has been applied and approved from the Town of Abingdon.

Mobile vending vehicles shall not block:

A mobile vendor may operate between 6:00 a.m. and 9:00 p.m. Sunday to Thursday and between 6:00 a.m. to 11:00 p.m. Friday and Saturday (including set up and break down) on any one day at any single location, except during national holidays and Town events during which a mobile vendor may operate between 6:00 a.m. and 12:00 a.m. midnight. The vehicle and all accessory structures shall be removed each day.

No signs may be displayed, except:

Trash receptacles shall be provided, and all trash, refuse, or recyclables generated by the use shall be removed from the site by the operator at the end of the business day.

No liquid wastes shall be discharged from a mobile restaurant.

No mobile vendor shall locate within 100 feet of the entrance to a business that sells similar product (determined by measuring from the edge of the mobile vendor to the main public entrance of the brick-and-mortar establishment) unless permission by the owner of the brick-and-mortar establishment is provided.

No mobile vendor shall locate within 100 feet of a single-family or two-family residential use.

The operation of the mobile vendor or use of a generator should be no louder than 50 dBA at 100 feet away. Excessive complaints about vehicle or generator noise will be grounds for the Administrator to require that the mobile vendor change location on the site or move to another property.

Mobile vending shall occur within a movable licensed vehicle. Mobile vending cannot occur in a nonmotorized structure (detached flatbed, truck beds, tractor trailers, semitruck trailers or other structures).

Each stand for the retail sale of holiday goods, including fireworks, shall obtain a zoning permit by the Administrator prior to setup and sales.

Each stand shall be permitted for a period not to exceed 60 consecutive days.

No more than four permits shall be issued for the same lot during a calendar year.

No permit shall be issued to an applicant unless and until at least 30 consecutive days after a permit issued to that applicant for the same or an adjacent lot or parcel has expired.

The outdoor sales stand or display shall setback at least 15 feet from any public right-of-way and outside any required landscape buffer.

Parking shall be supplied on the site of the primary use and not along the public right-of-way.

Outdoor storage areas shall be screened by a solid wall or fence, including solid entrance and exit gates, not less than six feet nor more than 10 feet in height. All fences and walls shall have a uniform and durable character and shall be properly maintained.

When fences and walls are adjacent to business or residential districts, a landscaped buffer must be provided to break visibility of the fence in accordance with Article VIII, Division 2, of this chapter.

Outdoor storage shall be located on the side or rear of the main structure and screened from view from any adjacent roadway.

No wall or fence screening a storage area shall encroach into a sight distance triangle.

Parts, materials, and equipment stored in a storage area shall not be stacked higher than the screening wall or fence.

No outdoor storage shall be located within 50 feet of a residential district.

No motor vehicle work shall be permitted in association with a parking facility except under emergency service work.

Parking shall be the principal use of all parking facilities. Spaces may be rented for parking, but no other business of any kind shall be conducted in the structure or lot, except Town-sanctioned outdoor markets or permitted mobile vending.

A rail, fence, wall, or other continuous barricade of no less than three feet tall to retain all cars completely within the property shall be provided except at exit or access driveways; provided, however, that screening shall be provided on each side of a parking area which abuts upon any residential district or use or faces across a street, alley or place from any lot in a residential district or use. Screening shall be in conformance with the regulations set forth in Article VIII, Community Design Standards.

Any outdoor activity area, swimming pool, ball field, or court that adjoins a residential lot line shall include screening and buffering in accordance with Article VIII, Community Design Standards.

Where nighttime lighting is proposed, it shall be set to automatically extinguish during park closure. If games/events are extended beyond normal park hours, lighting shall extinguish one hour after last game/event of the day. In addition to the screening and buffering required in Article VIII, large evergreen trees shall be required to appropriately screen and protect against light trespass of any adjoining residences.

The active recreational area, including but not limited to swimming pools, ball fields, or courts, shall not be located closer than 50 feet to any property line.

No structure and no storage of lumber, logs, chips, or timber shall be located closer than 100 feet to any lot line.

No saw, planer, chipper, conveyor, chute, or other like machinery shall be located closer than 200 feet to any dwelling not located on the same property.

No sawing, planing, chipping, or other operation, or other processing machinery shall be conducted between 8:00 p.m. and 7:00 a.m. No loading or unloading or processing of wood products shall occur between 12:00 midnight and 7:00 a.m.

All timbering and milling operations, including reforestation or restoration and disposal of timber stumps, sawdust, and other debris, shall be conducted in accordance with Title 10.1 of the Code of Virginia, and the regulation of the Virginia Department of Forestry.

The following general standards shall apply to all shopping centers:

The following definitions shall apply as used in this section:

Registration and other requirements.

The registration form shall include the following information:

The registration shall be valid January 1 (or from whatever date the registration first occurs) through December 31 of the calendar year and shall be renewed annually.

Signage shall be no more than four square feet in area.

Registration may be revoked if more than three substantiated complaints are received within a twelve-month period.

Any short-term rental business in violation of this chapter, including operation without registering, is subject to all relevant penalties as set forth by the Town.

The physical and aesthetic impact of required off-street parking shall not be detrimental to the existing character of the house and lot or to the surrounding neighborhood.

The unit shall meet all applicable building codes.

Use regulations.

Registration suspension or cancellation.

Penalty. It shall be unlawful to operate a short-term rental:

Intent.

Compliance.

Grid-tied system. No grid-tied system shall be installed until evidence has been given as part of the application that the owner has been approved by the utility company to install the system.

Height limits.

Setbacks. The solar energy facility shall comply with all setback requirements of the district in which it is located.

Landscaping and screening. Landscaping and screening shall be provided for ground mounted solar to block visibility of the panel(s) and ancillary equipment from adjacent properties. All landscaping and screening shall be in accordance with Article VIII, Community Design Standards, of this chapter.

Design standards.

Liability insurance. The owner shall provide proof of adequate liability insurance for a medium-solar facility prior to beginning construction and before the issuance of any permits.

Decommission and reclamation.

Decommission and reclamation plan.

Intent.

Compliance.

Height limits.

Setbacks. The solar energy facility shall comply with all setback requirements of the district in which it is located.

Landscaping and screening. Landscaping and screening shall be provided for ground mounted solar to block visibility of the panel(s) and ancillary equipment from adjacent properties. All landscaping and screening shall be in accordance with Article VIII, Community Design Standards, of this chapter.

Design standards.

Decommission.

The lot shall be a minimum of five acres.

Any buildings, barns, pens, and areas for the keeping of animals or animal waste storage shall be located at least 200 feet from any residential district lot line and any existing dwelling unit not located on the same parcel.

Any buildings, barns, pens, and areas for the keeping of animals or animal waste storage shall be located at least 100 feet from any adjacent lot line not within a residential district.

Any buildings for the keeping of animals shall be located at least 100 feet from any highway or other right-of-way for passage.

Riding surfaces shall be covered and maintained with a substance to minimize dust and erosion.

Fencing and other means of animal confinement shall be maintained at all times.

Pens, stalls, and grazing areas shall be maintained in a sanitary manner.

Any buildings, barns, pens, and areas for the keeping of animals or animal waste storage shall be located at least 200 feet from any residential district lot line and any existing dwelling unit not located on the same property.

Any buildings, barns, pens, and areas for the keeping of animals or animal waste storage shall be located at least 100 feet from any adjacent lot line not within in a residential district.

Any buildings for the keeping of animals shall be located at least 100 feet from any highway or other right-of-way for passage.

Riding surfaces shall be covered and maintained with a substance to minimize dust and erosion.

Fencing and other means of animal confinement shall be maintained at all times.

Pens, stalls, and grazing areas shall be maintained in a sanitary manner.

Temporary construction trailers and temporary buildings, used in conjunction with construction work only and not for residential occupancy, may be permitted in any district during the period construction work is in progress.

All yard requirements of the district for a principal structure in which the temporary building or construction trailer is located shall be met.

A temporary permit is issued for a period of 12 months only upon showing by the applicant of a valid and approved building permit for a dwelling or a commercial, industrial, or public structure or development, public facility or public utility. Such temporary permit may be renewed for a maximum of an additional 12 months only if the applicant satisfactorily demonstrates to the Administrator that unavoidable circumstances caused a delay in the construction.

For utility uses requiring a structure, not including public water and sewer lines and appurtenances, service lines to consumers, water towers, and aboveground and below ground cables, wires or pipes where such uses are located in easements:

Any treatment rooms, cages, pens, or kennels shall be maintained within a completely enclosed soundproof building.

Such hospital or clinic shall be operated in such a way as to produce no objectionable noise or odors outside its walls.

Any associated commercial kennel is considered a separate use and must follow the commercial kennel permissions and use standards.

The standards of this section apply whenever a special use permit is sought for a broadcasting or communications tower, as this use is defined in the definitions of this chapter. Any wireless communication antenna which meets the definition of an "administrative review-eligible project" as defined in the Code of Virginia, § 15.2-2316.3, is considered a "utility service, minor" by this article and is not subject to the provisions of this section.

General standards:

No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of Town Council that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna shall consist of any of the following:

The maximum height of any broadcasting and communication tower shall be made a condition of the special use permit. Exceptions provided when included in a church steeple, bell tower, water tower, light pole, or other similar architecturally compatible structure.

Towers and equipment attached to existing structures shall not extend more than 25 feet beyond the existing structure and must be designed to be architecturally compatible.

Broadcasting or communication towers shall conform with each of the following minimum yard requirements:

More than one tower may be permitted on a lot provided all yard requirements have been met.

All broadcasting or communication facilities shall be designed, structurally, electrically, and in other respects, to accommodate both the applicant's antennas and comparable antennas for at least three additional users if the tower is over 100 feet in height, or for at least two additional user if the tower is over 60 feet in height.

Proposed towers and antennas shall meet the following design requirements:

Replacement. Existing towers in place as of the date of adoption of this article may be replaced without the need for an SUP, subject only to administrative site plan, zoning permit, building permit, and other applicable approvals if the following are met:

Towers shall be illuminated as required by the Federal Communications Commission (FCC), but no lighting shall be incorporated if not required by the FCC, other than essential security lighting. Site lighting shall be full cutoff and directed downward. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower.

A buffer yard shall be provided surrounding the facility. The special use permit application shall include a landscape plan showing the locations, species, and size at planting for the landscaping proposed. Evergreens shall have an initial height and spacing sufficient to provide immediate screening of the accessory ground mounted equipment or structures.

Signage on site shall be limited to company name with contact information, no trespassing or safety signs to be positioned on the fence surrounding the facility. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.

No new or existing telecommunication service shall interfere with public safety communications. Before the introduction of new service or changes in existing service, telecommunication providers shall notify the Town at least 10 calendar days in advance of such changes and allow the Town to monitor interference levels during the testing process.

There shall be no outdoor storage associated with the facility.

A bond, whose amount shall be approved by the Administrator shall be required to assure the removal of an abandoned telecommunication facility. All towers and associated facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the Administrator. In the event that a tower is not removed within six months of the cessation of operations at a site, the tower and associated facilities may be removed by the Town, utilizing the bond and any remaining costs of removal assessed against the owner of the tower or the landowner.

Applications requirements. In addition to the outlined special use permit requirements outlined in Article III, Permits and Applications, of this chapter, the following are also required with broadcasting and communication tower requests:

Procedures and process.

In accordance with Code of Virginia, § 15.2-2316.4, small cell facilities shall be permitted by right in all zoning districts subject to the following general performance standards.

A permit application approval shall not be unreasonably conditioned, withheld, or delayed.

An applicant may voluntarily submit, and staff may accept, any conditions that address potential visual or aesthetic effects resulting from the placement of small cell facilities.

The submission of a permit application shall represent a wireless services provider's or wireless infrastructure provider's notification of the Town as required by Code of Virginia, § 15.2-2316.4(A).

Must be located at least 2,000 linear feet from the property line of any public or private school (pre-K through Grade 12); and

Must be located at least 2,000 linear feet from the property line of an existing recreational substances use (both retail, off-site and retail, on-site); and

Hours of operation shall be limited to 8:00 a.m. to 8:00 p.m., Monday through Sunday; and

Are not allowed in the Old and Historic District or Historic Entrance Corridor Overlay District; and

May be permitted as a special use in parcels zoned B-2 unless visible from the Historic Entrance Corridor Overlay District road segments of Main Street and Cummings Street; and

Are permitted by right in M-1 (Limited Industrial) zones; and

This zoning restriction does not apply to grocery stores, gas stations or pharmacies where greater than 75% of sales are nonrecreational substances.

Recreational substances include the following:

Prohibited: