(a)

The standards contained in the district regulations in article III shall apply to all of the following use types listed in article IV, unless specifically modified and/or superseded by the use and design standards below.

(b)

The standards listed as general standards in article IV shall apply in all districts in which the use type is permitted by right or permitted subject to approval of a special use permit, as indicated in article III, district regulations.

(c)

Where a specific zoning district is indicated, the standards listed in article IV shall apply to that zoning district, in addition to any general standards listed for that use.

(Ord. of 10-11-2011(3), § 2)

(a)

The standards listed below must be adhered to at all times for each of the following residential use types.

(b)

Where possible, all reasonable efforts should be made so that residential units are designed with the front side of such unit facing the front property line, public road, or accessway on which its lot fronts.

(Ord. of 10-11-2011(3), § 2)

(a)

Intent. Accessory apartments afford an opportunity for the development of small dwelling units designed to meet the housing needs of single persons, persons with fixed or limited income, and/or extended families who live or desire to live with a degree of privacy and independence. Accessory apartments provide a degree of flexibility for homeowners with changing economic conditions and/or family structure, while providing reasonable protection for existing property values and neighborhood character.

(b)

General standards.

(1)

An accessory apartment shall only be considered as an accessory use to a detached single-family dwelling and no accessory apartment shall be located in any structure other than the principal structure on the lot, unless a special use permit is approved for the accessory apartment.

(2)

Except in situations specifically intended for multi-family residential units, only one accessory apartment shall be allowed on any one lot or parcel, and the owner of the property shall reside on the premises, and only members of the owner's family shall reside in the accessory apartment.

(3)

No new exterior entrances to an accessory apartment within a detached single-family dwelling shall be allowed. Access to the accessory apartment must be through an existing exterior entrance.

(4)

Upon completion of the construction, the accessory apartment shall not contain more than 50 percent of the finished floor area of the principal dwelling unit located on the same lot, but in no case shall the accessory apartment exceed 1,000 square feet.

(Ord. of 10-11-2011(3), § 2)

(a)

Intent. The purpose of the home occupation provisions of this division is to allow for home occupations that are compatible with the residential character of the neighborhood in which they are located. These provisions recognize that certain small-scaled commercial activities may be appropriate accessory uses on residential properties. The character and scale of such commercial activities must be subordinate and incidental to the principal use of the premises for dwelling purposes. The provisions contained in this division shall supersede any provisions to the contrary found elsewhere in this chapter.

(b)

Permit procedures. Home occupations complying with the criteria established in section 86-454 shall be considered minor in character and permitted by right. The zoning administrator may issue a zoning permit for such uses upon application and evidence of payment of the appropriate business license tax. So long as the business remains in compliance with the criteria set forth in subsection 86-454(d), it may continue to operate. Evidence of continued compliance shall be certified annually to the town clerk in such manner as the clerk may require.

(c)

Permitted home occupations include the following uses and those with similar land use characteristics:

(1)

Professional offices, including offices for a physician, dentist, lawyer, engineer, architect, accountant, salesperson, real estate agent, insurance agent, or other similar occupation.

(2)

Personal service establishments (other than tattoo parlors and body piercing establishments), photographers, or other similar occupations.

(3)

Instructional service businesses, including music instruction, academic tutoring, or other similar occupations limited to no more than two pupils at one time.

(4)

Home craft businesses, including pottery, model making, weaving, dressmaking, furniture making, and artists and sculptors or other similar occupations, provided such products are made using machinery or equipment which is customary for purely domestic household purposes.

(5)

Business offices, including offices for building trades, provided that the conduct of any phase of the trade on the property is prohibited.

(6)

Managing, processing, and filling of orders from in-home parties for a specialized product sales business distributed by mail order or other delivery service excluding general retail sales of the products from the site.

(d)

Criteria for home occupations. Uses classified as home occupations shall be permitted in all zoning districts which allow single-family residences. The following regulations shall apply to all home occupations:

(1)

No person other than family members residing on the premises and one non-family member shall be engaged in such occupation.

(2)

A home occupation or combination of home occupations may be conducted in either the primary residence on a parcel or in a detached accessory building on that parcel but not both. The home occupation shall be clearly incidental and subordinate to the primary use or accessory use of the dwelling. Not more than 25 percent of the gross floor area of the dwelling or 25 percent of the floor area of a detached accessory building shall be used in conjunction with the home occupation or combination of home occupations.

(3)

There shall be no change in the outside appearance of the dwelling or structure and surrounding property. No display of goods or business-related items of any kind shall be visible from the street or from adjoining property. The use of colors, materials, construction, lighting, or other means inconsistent with a residential use shall be prohibited.

(4)

No automotive or other vehicle repair shall be permitted as a home occupation.

(5)

There shall be no outside display, specifically including signs, or storage of equipment or materials associated with the home occupation. No more than one vehicle with the business name on it may be parked so as to be visible from the street or from adjoining property and no vehicle which is to be parked so as to be visible from the street or from adjoining property may contain signage in excess of ten square feet for the entire vehicle.

(6)

No traffic shall be generated by a home occupation or combination of home occupations in greater volumes than would normally be expected in a residential neighborhood.

(7)

No installation or use of mechanical or electrical equipment is permitted which could endanger surrounding persons or property or which can be heard outside of the dwelling unit. No toxic, explosive, flammable, radioactive, or other hazardous materials used in conjunction with the home occupation shall be used, sold, or stored on the site. The sale of firearms as a home occupation shall be prohibited.

(8)

No on-site use, parking or storage of vans with a length in excess of 20 feet, tractor trailers, or heavy equipment, such as construction equipment, used in connection with the home occupation is permitted.

(9)

No home occupation shall produce noise, obnoxious odors, vibrations, glare, fumes, or electric interferences detectable to normal sensory perception beyond the property line; nor shall such home occupation produce electric emissions or signals which interfere with normal radio and television reception in the surrounding neighborhood.

(10)

A home occupation shall comply with all applicable local, state or federal regulations.

(11)

Parking generated by the conduct of such home occupation shall be on-premises, off-street and in designated driveway areas.

(12)

Other than standard delivery services, such as UPS and FedEx, the home occupation shall not involve the commercial delivery of materials or products to or from the premises.

(13)

No illegal discharges of any materials, fluids or gases will be permitted to enter the sewer system or storm-drain system.

(14)

There shall be no sale of goods or products not produced on the premises, except that the sale of products in connection with a service which service is the principal business being conducted on the premises shall be permitted; and except that orders previously made by telephone or at a sales party may be filled on the premises.

(15)

No activity in conjunction with a home occupation shall adversely impact any neighboring property owners.

(Ord. of 10-11-2011(3), § 2; Ord. of 8-10-2021(2), § 1)

(a)

General standards.

(1)

Additions to manufactured homes. No permanent or semi-permanent structure shall be affixed to any class B manufactured home or to any class C mobile home.

(Ord. of 10-11-2011(3), § 2)

(a)

Intent. These regulations are adopted in recognition that temporary emergency housing options may be necessitated by fire, flood, or other unforeseen and sudden acts of nature.

(b)

General standards.

(1)

The administrator may authorize the emergency use of a manufactured home on a lot if the building official certifies that the permanent dwelling on the lot has been lost or destroyed by a fire, flood, or other unforeseen and sudden act of nature, and as a result is uninhabitable.

(2)

Only one emergency manufactured home shall be permitted on any lot of record. It shall be located on the same lot as the destroyed dwelling, and must be occupied only by the person, persons, or family, whose dwelling was destroyed.

(3)

The emergency manufactured home shall be less than 19 feet in width.

(4)

To the extent feasible, the emergency manufactured home shall meet all setback and yard requirements for the district in which it is located. It shall be anchored and stabilized in accordance with the provisions of the Virginia Uniform Statewide Building Code.

(5)

The emergency manufactured home is considered to be a temporary use and must be removed as soon as reconstruction or replacement of the uninhabitable dwelling is complete, or within a 12-month period of its placement on the site, whichever is sooner. A one time extension of up to six additional months may be granted by the administrator if substantial reconstruction of the destroyed dwelling has occurred, and work has, and is continuing to progress. A final certificate of zoning compliance for the reconstructed dwelling shall not be issued until the emergency manufactured home is removed from the site.

(c)

Federal disasters. Where the President of the United States has declared a federal disaster, the administrator, upon consent of the town manager, may authorize the placement of temporary manufactured homes supplied by the Federal Emergency Management Agency (FEMA) to disaster victims who lost their homes. In such cases, all zoning and building code requirements shall be waived in favor of FEMA standards. The period for temporary placement of manufactured homes shall be 12 months, unless FEMA authorizes an extension for an additional 12 months.

(Ord. of 10-11-2011(3), § 2)

The following regulations shall apply to all manufactured homes in a manufactured home park as defined by section 86-32 whether existing as nonconforming uses or as permitted uses:

(1)

Screening. Manufactured home parks shall be enclosed with an approved fence or planted hedge, not less than seven feet in height and without openings to adjoining property other than entrances and exits to streets or public spaces.

(2)

Area; minimum lot area. The minimum area for an individual manufactured home lot shall be a minimum area of 5,000 square feet.

(3)

Width; minimum lot width. The minimum average width for each manufactured home lot shall be 50 feet.

(4)

Percentage of lot coverage. The maximum area that shall be covered, including patios and accessory buildings, is 30 percent of the allocated space area.

(5)

Minimum distance between mobile homes. No manufactured home shall be placed within 25 feet of another.

(6)

Setback. All mobile homes shall be set back a minimum distance of 25 feet from any boundary line or street right-of-way.

(7)

Water supply. An approved water supply system shall be installed with an individual water tap and connection for each mobile home lot to supply running water for all sanitary and washing fixtures, drinking and domestic purposes as required by the plumbing code. Connections to individual units shall be arranged to prevent backsiphoning into the main system. Lines shall be of sufficient depth to prevent freezing and shall be insulated above ground.

(8)

Sewerage facilities. All waste or wastewater from a manufactured home shall empty into a public system or a state department of health approved sewage disposal system. Lines shall be completely underground except where under the mobile home.

(9)

Additions to manufactured homes. No permanent or semi-permanent structure shall be affixed to any manufactured home as an addition to such manufactured home when located in a manufactured home park, nor shall any accessory structure be permitted on any lot or in any manufactured home park except those accessory structures allowed by this article and a structure to house an office. If an office structure is provided, its construction shall comply with all applicable laws and ordinances. The prohibition against any addition or accessory to a manufactured home shall not apply to a canopy or awning designed for use with a manufactured home, nor to any expansion unit of accessory structures specifically made for manufactured homes.

(Ord. of 10-11-2011(3), § 2)

(a)

Intent. The following minimum standards are intended to accommodate multi-family dwellings that contain more than three units, ensuring adequate separation and other design characteristics to create a safe and healthy residential environment while protecting less intensive adjoining uses.

(b)

General standards.

(1)

Additional setbacks in the form of a buffer yard shall be required in accordance with section 86-573, where the property adjoins an R-1 zoning district.

(2)

Each multi-family building shall be separated by 40 feet between facing living areas. This separation may be reduced to 20 feet when both multi-family buildings contain facing windowless walls.

(3)

Where buildings are placed at right angles (90 degrees) to one another and both interior walls are windowless, the minimum separation of buildings shall be 20 feet.

(4)

Minimum common open space and recreational areas required:

a.

Ten percent of the total lot area for parcels up to five acres; and

b.

Twenty percent of the total lot area for parcels over five acres.

(5)

Minimum standards for open space and recreational areas required below:

a.

Shall be in addition to any buffer yard required in section 86-573 of this chapter;

b.

Shall be in addition to and not be located in any required front, side or rear yard setback;

c.

Shall have a minimum width of 50 feet or more, except that areas with a minimum width of at least 20 feet or more shall be counted as open space provided such areas contain facilities such as, but not limited to, bikeways, exercise trails, tot lots, gazebos, picnic tables, etc.;

d.

Shall not include proposed street rights-of-way, open parking areas, driveways, or sites reserved for other specific uses; and

e.

Shall be of an appropriate nature and location to serve the residents of the multi-family development.

(6)

Provisions must be made for vehicular access and turn around for regularly scheduled service vehicles such as trash collection.

(7)

Secondary access to a local residential street may be permitted by the administrator only in cases where there are overriding factors of health or safety for residents or where the arrangement and condition of local streets are such that the projected increase in traffic will not substantially affect the use and enjoyment of the street by residents.

(8)

All lots shall have frontage on a public street or access thereto by common dedicated right-of-way within 300 feet.

(9)

When the main utility lines servicing the multi-family dwellings are run across common property or any other property not owned by the town, the developer shall provide a 15-foot easement for these lines.

(10)

Common areas for condominiums shall be maintained by and be the responsibility of the developer/owner in the case of a multi-family apartment building and/or the unit owner's association in the case of condominiums.

(11)

All multi-family developments shall be served by public sewer and water.

(Ord. of 10-11-2011(3), § 2)

(a)

Intent. The following provisions are intended to offer greater flexibility by providing a variety of housing options that meet the changing needs and demands of the public. The standards below are intended to accommodate new developments of attached single-family dwellings, as well as to allow attached single-family dwellings as in-fill development on scattered sites in existing residential areas.

(b)

General standards within a common development.

(1)

The minimum lot size, frontage and front and rear yard setbacks required in the district regulations may be reduced up to 20 percent, however the normal front, rear, and side yard setback requirement must be maintained adjacent to any lot or public street or right-of-way not within the common development; or not otherwise designated for zero lot line use. The 20 percent road frontage reduction does not apply to parcels with frontage in a cul-de-sac bulb.

(2)

Minimum side yard opposite the common lot line between two attached dwellings: Ten feet.

(3)

Maximum building coverage: 40 percent of the lot.

(4)

A copy of the approved subdivision plat shall be submitted to the administrator. The administrator shall make the appropriate notation on the official zoning map that the affected lots have been approved for attached dwellings.

(Ord. of 10-11-2011(3), § 2)

(a)

Intent. It is the intent of this section that in accordance with Code of Virginia, § 15.2-2292.1, that temporary family health care structures be allowed as an accessory use in any single-family residential zoning district on lots zoned for single-family detached dwellings provided that the following design standards below are met.

(b)

General standards.

(1)

The structure shall have a maximum of one resident occupant, who shall be a mentally or physically impaired person as defined in section 86-21.

(2)

The structure shall not exceed 300 square feet in gross floor area.

(3)

The structure shall comply with all applicable provisions of the Industrialized Building Safety Law and the Uniform Statewide Building Code.

(4)

Placement on a permanent foundation shall not be required or permitted.

(5)

Only one such structure shall be permitted on a lot.

(6)

The structure shall comply with all setback requirements applicable to principal structures in the district in which located and with all applicable lot coverage requirements.

(7)

Such structure shall be connected to all necessary public and/or private utilities and shall comply with all applicable requirements of the Virginia Department of Health.

(8)

No signage advertising or otherwise promoting the existence of the structure shall be permitted either on the exterior of the temporary family health care structure or elsewhere on the property.

(9)

Prior to placement of such a structure on a residential property, the property owner shall obtain a zoning permit. The zoning administrator shall require submittal of a sketch plan and such other documentation as deemed necessary to ensure compliance with the standards set forth herein.

(10)

Any temporary family health care structure installed pursuant to this section shall be removed within 30 days of the occurrence of the mentally or physically impaired person no longer receiving or no longer needing the assistance of a caregiver as defined in Code of Virginia, § 15.2-2292.1 and in section 86-32 of this chapter.

(11)

On an annual basis, at least 30 days prior to the anniversary date of the initial permit issuance, the caregiver shall be required to provide evidence of compliance with the terms of this section and to grant the zoning administrator the opportunity to conduct an inspection of the property and the structure at a time mutually acceptable to the caregiver and the town staff.

(Ord. of 10-11-2011(3), § 2)

(a)

Intent. It is the intent of this section that townhouses be allowed in areas where they may be located near other compatible types of housing. The purpose of the following design standards is to ensure the efficient, economical, and convenient use of land and open space.

(b)

General standards.

(1)

All townhouse developments shall be served by public sewer and water.

(2)

The facades of townhouses in a group shall be varied by changed front yards and variations in design so that no more than four abutting townhouses will have the same front yard setback and the same or essentially the same architectural treatment of facades and roof lines.

(3)

The minimum separation between any building containing a group of five or more townhouse units shall be 40 feet from any other townhouse building. The minimum separation between any buildings containing a group of four or less townhouse units shall be 20 feet from any other building containing a group of four or fewer townhouses.

(4)

If common areas are provided for townhouses which are not contained in lots or streets conveyed to individual owners, such common areas shall be maintained by and be the sole responsibility of the developer or owner of the townhouse development until such time as the developer or owner conveys the property to the homeowner's association.

(5)

When the main utility lines servicing the townhouse units are run across common property or any other property not owned by the town, the developer shall provide a 15-foot easement for these lines.

(6)

Only one yard, either the front yard or the rear yard, or in the case of an end unit, the side yard, shall be improved with a driveway or other impermeable surface intended for the storage of motor vehicles or for access to a garage, or other parking areas.

(7)

The maximum building and lot coverage requirements applying to townhouses shall be computed for the site of the entire development.

(8)

All lots shall have frontage on a public street or access thereto by common dedicated right-of-way within 300 feet.

(9)

Provisions shall be made for vehicular access and turn around for regularly scheduled service vehicles such as trash collection.

(10)

A side yard setback of 20 feet shall be provided for each end residence in any group of townhouses adjoining a property boundary of the development, or a street right-of-way, private drive, parking area or walkway intended for the common use of townhouse occupants.

(11)

When a townhouse development adjoins a single-family dwelling, a type C buffer yard as described more fully in section 86-573 shall be provided.

(12)

Maximum gross density: 12 townhouse units per acre.

(13)

Maximum number in a group or block of townhouses: Eight townhouse units.

(Ord. of 10-11-2011(3), § 2)

(a)

Intent. The following minimum standards are intended to apply to residential units located in the second-story (and floors above the second-story) of commercial buildings typically in the downtown revitalization overlay (DRO) district.

(b)

General standards.

(1)

Laws: Owners and tenants of the residence(s) shall comply with all local, state, and federal laws.

(2)

Occupancy: Individual units shall only be used as single-family residences and shall contain no more than three bedrooms. The total occupancy per unit shall not exceed two tenants per bedroom.

(3)

Parking: Parking for tenants is restricted to the lots listed in section 74-163 of the Town Code, except between the hours of 8:00 a.m. and 6:00 p.m. when parking will be enforced as posted. (This provision does not apply to tenants of properties zoned C-2).

(4)

Facade displays: All displays must be properly secured in a safe manner. Flags and banners may not exceed 32 square feet and must not impede business on the lower floors or pedestrian traffic on the sidewalk. No exterior laundry lines are permitted outside the windows.

(5)

Window/HVAC Units: Outside units shall not face Main Street or Broad Street.

(6)

All multi-family developments shall be served by public sewer and water.

(Ord. of 10-11-2011(3), § 2)

The standards listed below must be adhered to at all times for each of the following civic use types.

(Ord. of 10-11-2011(3), § 2)

(a)

General standards:

(1)

Minimum parcel size: Ten acres.

(2)

No internment shall occur within 25 feet of the property line.

(b)

Any cemetery associated with a local place of religious assembly shall be exempt from the general standards above and from the necessity of obtaining a special use permit provided the following:

(1)

The owners of any residence located within 250 yards, excluding residences separated by a public street, consent in writing to the proposed cemetery.

(2)

The cemetery is located at least 300 yards from any private well or any public property containing a well used in connection with a public water supply.

(3)

The location is legally recorded and, in the opinion of the administrator, sufficiently documented to adequately inform prospective and future property owners of the presence and location of such cemetery.

(Ord. of 10-11-2011(3), § 2)

(a)

General standards:

(1)

When a club adjoins a residential use type, a type C buffer yard in accordance with section 86-573 shall be provided along the property line which adjoins the residential use type.

(Ord. of 10-11-2011(3), § 2)

(a)

General standards:

(1)

Any outdoor activity area, swimming pool, ball field, or court which adjoins a residential use type shall be landscaped with one row of small evergreen trees in accordance with section 86-573 along the property line adjoining the residential use type. Where nighttime lighting of such areas is proposed, large evergreen trees shall be required.

(Ord. of 10-11-2011(3), § 2)

(a)

General standards:

(1)

Any outdoor activity area, swimming pool, ball field, or court which adjoins a residential use type shall be landscaped with one row of small evergreen trees in accordance with section 86-573 along the property line adjoining the residential use type. Where night-time lighting of such areas is proposed, large evergreen trees shall be required.

(2)

Any area constructed in conjunction with an educational facility intended for the overnight storage of buses, trucks, or large equipment or vehicles which adjoins a residential use type shall be landscaped with a minimum six-foot high screen and one row of small evergreen trees in accordance with section 86-573 along the property line adjoining the residential use type. Where night-time lighting of such areas is proposed a minimum six-foot high screen and large evergreen trees shall be provided along the property line adjoining the residential use type.

(Ord. of 10-11-2011(3), § 2)

(a)

General standards:

(1)

Any outdoor activity area, ball field or court, or stadium which adjoins a residential use type shall be landscaped with a minimum of one row of small evergreen trees in accordance with section 86-573 along the property line adjoining the residential use type. Where night-time lighting of such areas is proposed, large evergreen trees shall be required.

(2)

Any area constructed in conjunction with an educational facility intended for the overnight storage of buses, trucks, or large equipment which residential use type shall be landscaped with minimum of one row of small evergreen trees in accordance with section 86-573 along the property line adjoining the residential use type. Where night-time lighting of such areas is proposed large evergreen adjoins a residential use type shall provide type C buffer yard as specified in section 86-573 of this chapter.

(Ord. of 10-11-2011(3), § 2)

(a)

General standards:

(1)

Family day care homes, where applicable, shall comply with the minimum standards for family day care homes established by the Virginia Department of Social Services, as may be amended.

(2)

When a license is required, a copy of the license to operate a family day care home, approved by the Virginia Department of Social Services, shall be presented to the administrator prior to the issuance of a business license or certificate of zoning compliance to operate a family day care home.

(Ord. of 10-11-2011(3), § 2)

(a)

General standards:

(1)

Any outdoor activity area, ball field or court, or stadium which adjoins a residential use type shall be landscaped with a minimum of one row of small evergreen trees in accordance with section 86-573 along the property line adjoining the residential use type. Where night-time lighting of such areas is proposed large evergreen trees shall be required.

(Ord. of 10-11-2011(3), § 2)

(a)

General standards:

(1)

Any outdoor activity area, swimming pool, ball field or court which adjoins a residential use type shall be landscaped with a minimum of one row of small evergreen trees in accordance with section 86-573 along the property line adjoining the residential use type. Where night-time lighting of such areas is proposed large evergreen trees shall be required.

(2)

When a place of religious assembly adjoins a residential use type, a type C buffer yard in accordance with section 86-573 shall be provided between the parking area(s) and the residential use type.

(Ord. of 10-11-2011(3), § 2)

When a safety service establishment adjoins a residential use type, a type C buffer yard in accordance with section 86-573 shall be provided along the property line which adjoins the residential use type.

(Ord. of 10-11-2011(3), § 2)

(a)

General standards:

(1)

In considering an application for a special use permit, the planning commission and town council shall consider the justification for the location of the proposed utility service and any alternative locations which may be available.

(2)

The minimum district lot size may be reduced as part of approval of the special use permit provided all setback and yard requirements are met and all other dimensional requirements are achieved.

(3)

The height limitation contained in each district may be increased as part of the approval of the special use permit.

(4)

No major utility service shall be located within 100 feet of an existing residence.

(5)

Except in the M district or except during construction of the utility facility in any district, outdoor storage of materials and equipment shall be prohibited in association with a major utility service, unless specifically requested and approved as part of the special use permit. In the M district outdoor storage areas shall comply with the screening provisions contained in section 86-573.

(6)

Buildings and facilities shall be designed and constructed to be compatible with the surrounding area, so that such facilities will not adversely impact nearby properties.

(7)

Type C screening and buffering consistent with section 86-573 of this chapter shall be required, unless modified as a part of an approved special use permit.

(Ord. of 10-11-2011(3), § 2)

(a)

No building which has been used as a residence at any time prior to the effective date of this ordinance [from which this section is derived] shall be permitted to be used as a non-profit facility.

(b)

All activities conducted within the building or anywhere on the property shall be consistent with the purposes stated in the charter of the non-profit organization.

(c)

No outside storage of equipment or materials.

(d)

All parking shall be off-street with the maximum number of vehicles to be determined by the zoning administrator in consultation with the planning commission and provided for in the special use permit.

(e)

Signage shall comply with the following requirements:

(1)

Lighting may be internal or external. Internal lighting must not be so bright as to distract passing motorists and no light therefrom will carry on to adjacent properties. External lighting must be directed entirely on the sign structure and no light therefrom will carry on to adjacent properties.

(2)

All lighting must be on a timer so that it goes off by 9:00 p.m. each evening.

(3)

All lighting must be approved by the zoning administrator prior to installation.

(4)

Identification signs: 24 square feet maximum.

(5)

Temporary banners shall not exceed 40 square feet.

(Ord. of 8-8-2017(3), § 1)

(a)

All activities conducted within the building or anywhere on the property shall be consistent with the purposes stated in the charter of the organization operating the food bank.

(b)

No outside storage of equipment or materials.

(c)

All parking shall be off-street with the maximum number of vehicles to be determined by the zoning administrator and in the case of the C-2 district in consultation with the planning commission and provided for in the special use permit.

(d)

Signage shall comply with the following requirements:

(1)

Lighting may be internal or external. Internal lighting must not be so bright as to distract passing motorists and no light therefrom will carry on to adjacent properties. External lighting must be directed entirely on the sign structure and no light therefrom will carry on to adjacent properties.

(2)

All lighting must be on a timer so that it goes off by 9:00 p.m. each evening.

(3)

All lighting must be approved by the zoning administrator prior to installation.

(4)

Identification signs: Twenty-four square feet maximum.

(5)

Temporary banners shall not exceed 40 square feet.

(Ord. of 5-14-2019(5), § 1)

(a)

No building which has been used as a residence at any time prior to the effective date of this ordinance [from which this section is derived] shall be permitted to be used as a personal service business.

(b)

No tattoo parlors or body piercing establishments shall be permitted.

(c)

There shall be no outside display other than one unlighted sign not to exceed four square feet, or storage of equipment or materials associated with the business.

(d)

No more than one vehicle with the business name on it may be parked so as to be visible from the street or from adjoining property and no vehicle which is to be parked so as to be visible from the street or from adjoining property may contain signage in excess of ten square feet for the entire vehicle.

(e)

All parking shall be off-street with the maximum number of vehicles to be determined by the zoning administrator in consultation with the planning commission and provided for in the special use permit.

(Ord. of 8-8-2017(4), § 1)

The standards listed below must be adhered to at all times for each of the following commercial use types.

(Ord. of 10-11-2011(3), § 2)

(a)

General standards:

(1)

Sexually explicit material shall not be displayed in the windows of adult businesses. Further, all adult merchandise in adult uses as defined in section 86-32, shall not be visible from any point outside the establishment.

(2)

Signs or attention-getting devices for the business shall not contain any words or graphics depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in section 86-22.

(3)

All off-street parking areas of the adult use shall be illuminated from dusk to closing. Adequate lighting shall also be provided for all entrances and exits serving the adult use, and all areas of the establishment where the adult use is conducted, except for the private rooms of an adult motel or the movie viewing areas in an adult movie theater. "Adequate lighting" means sufficient lighting for clear visual and security camera surveillance.

(4)

No adult use shall be located within 500 feet from any building being used as a dwelling or any residential zoning district.

(5)

No adult use shall be located within 500 feet of any day care center, educational facility, primary/secondary, educational facility, college/university, nursing home, assisted living facility, public park and recreation area, cultural service, religious assembly, hotel/motel/motor lodge, or any other adult use.

(Ord. of 10-11-2011(3), § 2)

(a)

General standards:

(1)

Outdoor vehicle display areas in conjunction with automobile sales shall be constructed of the same materials required for off-street parking areas.

(2)

The storage and/or display of motor vehicles in the parking area planting strip required by section 86-577 shall be prohibited.

(3)

Exterior display or storage of new or used automobile parts is prohibited.

(4)

Body and fender repair services are permitted as an accessory use provided:

a.

The area devoted to such services does not exceed 20 percent of the gross floor area.

b.

The repair facilities are at least 150 feet from any adjoining residential district.

c.

Any spray painting takes place within a structure designed for that purpose and approved by the Altavista Fire and EMS Department.

d.

Any vehicle awaiting body repair or painting, or missing major mechanical or body parts, or substantially damaged shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least 100 feet from any adjoining residential district.

(Ord. of 10-11-2011(3), § 2)

(a)

General standards:

(1)

Outdoor display areas in conjunction with automobile sales shall be constructed of the same materials required as required for off-street parking areas.

(2)

The storage and/or display of motor vehicles in the parking area planting strip required by section 86-577 shall be prohibited.

(3)

Exterior display or storage of new or used automobile parts is prohibited.

(4)

Any vehicle which is missing major mechanical or body parts or has been substantially damaged shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least 100 feet from any adjoining residential district.

(Ord. of 10-11-2011(3), § 2)

(a)

General standards:

(1)

All vehicles stored on the premises shall be placed in a storage yard fully screened from public view and shall be set back at least 100 feet from any adjoining residential district.

(2)

Body and fender repair services shall be subject to the following:

a.

The repair facilities are at least 150 feet from any adjoining residential district.

b.

Any spray painting takes place within a structure designed for that purpose and approved by the Altavista Fire and EMS Department.

(3)

Exterior display or storage of new or used automobile parts is prohibited.

(Ord. of 10-11-2011(3), § 2)

(a)

General standards:

(1)

Exterior display or storage of new or used automobile parts is prohibited.

(2)

Equipment and vehicles stored on the premises shall be behind the front building line or at least 35 feet from the public right-of-way, whichever is greater.

(Ord. of 10-11-2011(3), § 2)

(a)

General standards.

(1)

The owner or owner's immediate family or, with the written permission of the owner, tenant leasing the entire home shall reside on the same parcel occupied by the bed and breakfast establishment.

(2)

No more than five guest sleeping rooms shall be utilized for a bed and breakfast establishment. The maximum number of guest occupants shall not exceed 16 guests. These limits may be exceeded provided the special use permit approved by town council provides for it.

(3)

Any building constructed, enlarged or modified to accommodate a bed and breakfast shall maintain the appearance of a single-family residence.

(4)

Guests may stay no more than 30 consecutive nights in any one calendar year.

(5)

Meals shall be provided only to overnight guests and no cooking shall be permitted in guest rooms.

(6)

Required parking areas for guests and employees shall be provided on-site.

(Ord. of 10-11-2011(3), § 2; Ord. of 5-9-2017(8), § 1)

(a)

General standards:

(1)

All new car wash facilities, whether conveyor operated or self service, shall be equipped with a water recycling system for at least 80 percent of water used.

(Ord. of 10-11-2011(3), § 2)

(a)

General standards:

(1)

The storage and/or display of goods and materials in the parking area planting strip required by section 86-577 shall be prohibited.

(Ord. of 10-11-2011(3), § 2)

(a)

General standards:

(1)

All day care centers shall comply with the minimum standards for day care centers established by the Virginia Department of Social Services, as may be amended, unless specifically exempt from those minimum standards.

(2)

A zoning permit to operate a day care center shall be approved provided that a license to operate a day care center from the Virginia Department of Social Services is approved prior to beginning operation of the center. Failure to maintain a valid license approved by the Virginia Department of Social Services shall be considered a violation of this chapter.

(Ord. of 10-11-2011(3), § 2)

(a)

General standards:

(1)

The storage and/or display of goods and materials in the parking area planting strip required by section 86-577 shall be prohibited.

(Ord. of 10-11-2011(3), § 2)

(a)

General standards:

(1)

The storage and/or display of goods and materials in the parking area planting strip required by section 86-577 shall be prohibited.

(Ord. of 10-11-2011(3), § 2)

(a)

Standards for all gasoline stations.

(1)

All parking on the premises shall occur in designated and marked parking spaces in accordance with the following provisions:

a.

Parking spaces shall not be provided for large over-the-road tractor-trailer type trucks.

b.

Loading zones providing for temporary standing of trucks while loading or unloading shall not accommodate more than two trucks.

c.

Signs and pavement and curb markings shall be installed to prevent parking other than where specifically permitted and designated on the site.

d.

No over-the-road-trucks shall remain on the premises for greater than four hours, unless that vehicle is actually under repair.

e.

No more than two pumps capable of fueling large over-the-road trucks shall be provided. Such pumps shall be separated from non over-the-road truck pumps.

(2)

The site plan shall detail the physical methods to be employed on the premises to ensure that no hazardous or petroleum-based products are permitted to infiltrate into groundwater or surface water resources and that all federal, state and local requirements are fully satisfied.

(3)

All car wash facilities shall be equipped with a water recycling system for at least eighty percent of the water used.

(4)

Fire extinguishers and fire lanes in types, numbers and locations approved by the fire chief shall be provided and shown on the site plan.

(b)

Standards for gasoline stations in the C-1 zone.

(1)

All fuel dispensers shall be located at least 50 feet from the property line of any abutting residentially zoned lot.

(2)

The following standards shall apply for any canopy over a gas pump island:

a.

Such canopy shall have a maximum clear, unobstructed height to its underside not to exceed 14 feet six inches and a maximum overall height not to exceed 16 feet six inches.

b.

The vertical dimension of the fascia of such canopy shall not exceed two feet.

c.

There shall be no illumination of any portion of the fascia of the canopy. Any lighting fixtures or sources of light that are a part of the underside of the canopy shall be recessed into the underside of the canopy so as not to protrude below the canopy ceiling. All such lighting associated with the canopy shall be directed downward toward the pump islands and shall not be directed outward or away from the site.

d.

Signs attached to or on such canopy shall not be illuminated and shall not extend beyond the ends of the fascia of the canopy to which or on which they are attached.

e.

All canopies shall be set back at least 20 feet from the right-of-way.

(Ord. of 10-11-2011(3), § 2)

(a)

General standards:

(1)

The property owner shall grant written permission for the itinerant merchant to conduct business on his property.

(2)

Only one itinerant merchant per property is allowed at any one time.

(3)

The treasurer shall issue each itinerant merchant only one business license per calendar year pursuant to the Town Code, and 30 consecutive days shall be the maximum time for each transient use per calendar year.

(4)

Any time period for which a merchant receives a business license shall be counted in consecutive days.

(5)

Temporary offices, trailers, tents, or trucks are permitted, provided they do not disrupt traffic flow on the property or interfere with visibility for vehicle access to the site or vehicle movements on the site.

(6)

All business activities shall take place on private property.

(7)

Signage and lighting shall comply with the provisions of this chapter.

(8)

A concept plan showing the location of all activities shall be submitted to and approved by the administrator before a business license is issued.

(9)

All fixtures, equipment or any other structural elements of the business shall be immediately removed from the site once the license expires.

(Ord. of 10-11-2011(3), § 2)

(a)

General standards:

(1)

Each commercial kennel shall install and operate a kennel silencer.

(2)

Animal waste shall be disposed of in a manner acceptable to the health department.

(3)

Crematoria or land burial of animals in association with a commercial kennel shall be prohibited.

(4)

All outdoor runs, training areas and pens associated with a commercial kennel shall be set back a minimum of 100 feet from any property line.

(Ord. of 10-11-2011(3), § 2)

(a)

It shall be lawful for any person to keep on premises owned and occupied by him or her for such owner's personal use not more than six female chickens such chickens to be kept not less than 30 feet from any dwelling other than the owner's dwelling and 20 feet from any property line. Such chickens shall be kept in the rear yard of the lot, meaning the portion of the lot between the rear line of the main dwelling and the rear line of the lot extending the full width of the lot.

(b)

Such chickens within the town shall be provided with and kept within an enclosed secure area not to exceed 120 square feet, hereinafter known as the pen, at all times. Pens shall include a coop (enclosed structure) containing a minimum of two square feet per chicken and an open run area containing a minimum of eight square feet per chicken. The coop shall not exceed eight feet in height. Pre-manufactured coops and pens may be made from any material. Otherwise, the following materials may not be used to construct coops and pens: Tarps, plastic, fabric, rubber, paper, cardboard, or other non-traditional building materials.

It shall be the duty of such owner to maintain such coop and pen at all times in a safe, clean and sanitary condition, free of excrement and other unsanitary or offensive substances, liquids or odors, and so as not to constitute a hazard to the health or safety of any person or to become a nuisance.

(c)

The outdoor harvesting (slaughtering) of any chicken is prohibited.

(d)

Prior to locating such chickens on his or her property, such owner shall obtain a permit from the town on forms provided by the town. Newly issued permits will run from the date of issuance to December 31 and shall be renewed annually on January 1 thereafter. There shall be no fee for the issuance of such permit.

(e)

Violation of any provision of this section shall constitute a Class 4 misdemeanor and each day in violation after notification in writing shall constitute a separate offense.

(Ord. of 4-20-2016(7), § 1)

(a)

Minimum contiguous fenced acreage is five acres with a minimum of two fenced acres per horse.

(b)

Horses must be stabled or penned no closer than 300 feet of the residence of any other person and such horses may be permitted to graze no closer than 100 feet from the residence or any other person.

(c)

Owner shall keep the pasture and barn cleaned so as to prevent accumulation of manure.

(d)

By special use permit, town council may place such other conditions upon such keeping and grazing of horses deemed necessary to prevent the creation of a nuisance and/or disturbance to the reasonable peace and comfort of neighboring residents as well as other requirements per the special use permit process.

(Ord. of 11-13-2018(4))

(a)

General standards:

(1)

The storage and/or display of manufactured homes in the parking area planting strip required by section 86-577 shall be prohibited.

(2)

The storage of manufactured homes on the premises which are not suitable for occupancy shall be prohibited.

(Ord. of 10-11-2011(3), § 2)

(a)

General standards:

(1)

The minimum front yard setback shall be 35 feet.

(2)

No security fencing, security gate or other obstruction to vehicle access shall be permitted in the required front yard setback or in any buffer yard required pursuant to section 86-573.

(3)

All interior driveways shall be at least 26 feet wide when cubicles open onto one side only and at least 30 feet wide when cubicles open onto both sides to accommodate loading and unloading at individual cubicles. Adequate turning radiuses shall be provided, where appropriate, for a 30-foot long single unit truck or moving van. All driveways and any other vehicle use or storage area shall be constructed of a hard surface such as asphalt bituminous concrete.

(4)

No door openings for any cubicle shall be constructed facing any residentially zoned property. If openings for cubicles face property not zoned residential, or face public rights-of-way, buffer and landscape standards may be required as determined by the zoning administrator.

(5)

The following uses shall be prohibited:

a.

The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or other similar equipment.

b.

The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment.

c.

The storage of flammable, highly combustible, explosive or hazardous materials shall be prohibited.

(6)

Outdoor storage areas shall be used for the storage of motor vehicles, trailers, and recreational vehicles only. All outdoor storage areas shall be thoroughly screened from adjoining properties.

(7)

Accommodations for a live-in manager's quarters shall be permitted.

(Ord. of 10-11-2011(3), § 2; Ord. of 7-22-2025)

(a)

General standards:

(1)

The storage and/or display of recreational vehicles in the parking area planting strip required by section 86-577 shall be prohibited.

(2)

Any recreational vehicle which is missing major mechanical or body parts or has been substantially damaged shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least 100 feet from any adjoining residential district.

(Ord. of 10-11-2011(3), § 2)

(a)

Any buildings or individual leasable tenant spaces at which retail sales are conducted in the C-1 local commercial district must not be in excess of 3,000 gross square feet.

(b)

Any buildings or individual leasable tenant spaces at which retail sales are conducted that are in excess of 3,000 gross square feet must be located in the C-2 general commercial district.

(c)

The following regulations apply to all retail establishments constructed or expanded so as to exceed 50,000 square feet in gross floor area:

(1)

The retail establishment shall meet the minimum parking requirements set out in section 86-566.

(2)

Areas devoted to parking shall not exceed a maximum of one parking space per 180 square feet of gross floor area unless the applicant provides an independent study showing the need for a greater number of spaces. Such study shall be based on the Institute of Transportation Engineers (ITE) Manual or other accepted documented engineering standards. Based on the content and findings of this study, the planning commission may determine that a specific number of additional parking spaces is warranted and approve the same.

(3)

All corrals for the temporary collection of shopping carts and all shopping cart storage areas shall be designated on preliminary and final site plans.

(4)

Outdoor vendors and vending machines shall be located only in areas designated for such purposes on the preliminary and final plans. Vending machines shall be flush with established principal building lines and shall be screened from view from all public rights-of-way.

(Ord. of 10-11-2011(3), § 2)

(a)

Mobile restaurants in the R-1 and R-2 districts may operate only when sponsored for a specific event by a church or other non-profit organization holding an exemption letter from the Internal Revenue Service and with prior approval by designated town staff. The mobile restaurant shall obtain a temporary mobile restaurant permit and provide evidence of such sponsorship including a description of the event and duration thereof. Mobile restaurants shall be subject to all of the requirements of subsections (b) and (c) below as they are applicable.

(b)

Requirements for mobile restaurants.

(1)

Mobile restaurants must obtain a mobile restaurant permit. The permit shall not be transferable to a new owner of the unit. The permit is valid for 12 months - January to December. The permit fee shall be as stated in the Town of Altavista Master List, Rate Fees and Charges. (Initial recommended fee - $25.00 with business license $25.00 total is $50.00 to be placed in master list).

(2)

Mobile restaurants must maintain a valid business license issued by the town and a valid health permit issued by the Virginia Department of Health. These must be displayed at all times the restaurant is open for service.

(3)

Mobile restaurants shall be required to collect and remit the Town of Altavista Meals Tax as provided in town Code section 70-41, et seq.

(c)

General standards.

(1)

A mobile restaurant may operate on private property but must obtain written permission from the property owner and provide when seeking a zoning permit. The mobile restaurant owner must give the town prior notice of when they will be operating in the town limits.

(2)

No items shall be sold other than food and non-alcoholic beverages and items incidental to food and its consumption.

(3)

No music shall be played that is audible outside of the vehicle.

(4)

Mobile restaurant vehicles must park in locations or areas as approved in the mobile restaurant permit, and shall not block (i) the main entry drive aisles or affect pedestrian or vehicular circulation overall, (ii) other access to loading areas, or (iii) emergency access and fire lanes. The mobile restaurant must also be positioned at least 15 feet away from street intersections, driveway entrances, alleys, fire hydrants and handicapped parking spaces.

(5)

A mobile restaurant may operate between 7:00 a.m. and 9:00 p.m. No mobile restaurant shall operate past 9:00 p.m. A mobile restaurant and all materials associated with the business shall be removed from the location by 9:30 p.m. each day.

(6)

When open for business, the mobile restaurant operator, or his or her designee, must be present at all time, except in cases of an emergency.

(7)

No outdoor seating shall be permitted. If space is available, one covered table is permitted to provide condiments to patrons.

(8)

Temporary A-frame or T-frame signs may be displayed only when the mobile restaurant is open. The size of these signs is per section 86-641(a)(3). Signs may be displayed permanently affixed to the vehicle. No signs intended to move with air/wind shall be allowed (such as streamers, sails or wings or feather flags).

(9)

Trash receptacles shall be provided by and at the mobile restaurant and all trash, refuse, or recyclables generated by the use shall be properly disposed of in them. Trash, refuse or recyclables must be removed with the mobile unit and may not be placed in any public receptacle or public trash can on a street or public dumpster.

(10)

No liquid wastes shall be discharged from the mobile restaurant.

(11)

No mobile restaurant shall locate within 50 feet of a business that sells food for consumption (determined by measuring from the edge of the mobile restaurant to the restaurant's foundation) unless permission of the restaurant owner is provided in writing. This standard shall not apply when an established, active restaurant is closed or outside its normal operating hours or when the mobile restaurant is part of a town sanctioned event.

(12)

No mobile restaurant shall locate within 50 feet of a single-family or multi-family residential structure (determined by measuring from the edge of the mobile restaurant to the edge of the structure).

(13)

Mobile restaurant vehicles may be otherwise limited by the town depending on the location or other details of the mobile restaurant permit application.

(14)

A mobile restaurant may operate on public property at any town sanctioned event, including, but not limited to the First Saturday Trade Lot, Uncle Billy's Day, TGIF, Annual Harvest Jubilee & Wine Festival, and AOT's Food Truck Rally.

(15)

The operation of the mobile restaurant or use of a generator may not be loud enough to be plainly audible at a distance of 100 feet from the mobile restaurant. Excessive complaints about vehicle or generator noise will be grounds for the zoning administrator to require that the mobile restaurant vendor change location on the site, to move to another property or the permit may be revoked at that location.

(16)

Mobile restaurant permit may be revoked by the zoning administrator at any time due to the failure of the property owner or operator of the mobile restaurant permit to observe all requirements for the operation of mobile restaurants. Notice of revocation shall be made in writing to address of record for mobile restaurant permit holder. Any person aggrieved by such notice may appeal the revocation to the board of zoning appeals.

(Ord. of 12-11-2018(5))

(a)

Noise level. All weddings and events shall adhere to the Town of Altavista Ordinances and would require a permit issued by the town.

(b)

Structural requirements. The facility shall meet all requirements of the Virginia Statewide Building Code and meet any environmental health requirements for sewage disposal and water supply.

(c)

Parking. All parking surfaces are not required to be paved. The number of parking spaces required will be based on the size of the structure.

(d)

Screening. The entire perimeter of the facility and area associated with the use shall be screened from adjoining properties by a buffer yard as set forth in section 86-573.

(e)

Signs. Signs shall be permitted as provided in article V of this chapter 86.

(Ord. of 7-9-2019(2), § 1)

(a)

Definitions.

Operator, as used in this section, means the proprietor of any dwelling, lodging, or sleeping accommodations offered as a short-term rental, whether in the capacity of the owner, lessee, sublessee, mortgage in possession, licensee, or any other possessory capacity.

(b)

Short-term rental approval.

(1)

Prior to using a dwelling as a short-term rental, the operator shall obtain a special use permit for the unit.

(2)

The operator of a short-term rental must obtain a business license prior to operating or advertising the property for short-term rental. The operator must collect and remit the town's transient lodging tax and other applicable fees as specified in chapter 70 entitled "Taxation."

(3)

On or before May 1 of each year, the operator shall register the address of any dwelling unit to be used for short-term rental with the zoning administrator. This requirement shall not apply to persons who are exempt pursuant to Code of Virginia, § 15.2-983(B)(2), as amended.

(4)

Every operator filing registration forms with the zoning administrator shall pay an initial registration fee and an annual renewal fee as listed in the town's most current master list of fees, rates and charges.

(c)

General standards.

(1)

A short-term rental may only provide short-term occupancy services for compensation for guests including lodging, packaged food and beverages, and other incidental items typically found within a residence. The short-term rental must not prepare food or beverages or unrelated services for compensation.

(2)

Accessory structures shall not be used or occupied for short-term rentals and only one short-term rental shall be permitted on any lot in a residential zoning district.

(3)

If the operator of a short-term rental does not live within 30 miles of the town, he/she must designate on the application for a business license a responsible local agent to contact in case of emergencies.

(4)

Any building offered for use as a short-term rental shall meet the requirements of the Virginia Uniform Statewide Building Code with a certificate of occupancy for each dwelling unit.

(5)

The minimum short-term rental contract shall be 24 hours.

(6)

The maximum number of adult occupants in a dwelling unit offered for short-term rental shall not exceed four unrelated individuals with at least one being 18 years of age or older.

(7)

Short-term rental parking shall be provided that is adequate for all guests and shall be in driveways or other parking areas associated with the property and designed and built to be parking areas. Parking of guest vehicles in or along rights-of-way is prohibited.

(8)

Signs for short-term rentals shall be permitted in all residential districts.

a.

Signs shall not be illuminated.

b.

The maximum number of signs per residential lot is one.

c.

Sign shall not exceed three square feet.

d.

The location of the sign placement must be approved by the administrator prior to construction or placement.

(9)

Events, including luncheons, banquets, parties, weddings, meetings, fund raising, commercial or advertising activities, and any gathering of persons other than the authorized guests for similar activities, whether for direct or indirect compensation, are prohibited in association with any short-term rental.

(10)

Three violations of state or local laws, ordinances or regulations for a property offered for short-term rental and directly related to the short-term rental shall result in the use no longer being permitted.

(11)

Notwithstanding any other provision of this Code, failure to comply with this subsection, including registration requirement, will result in a $500.00 penalty per property violation. Until such a time that the operator pays the penalty, the property may not be offered as a short-term rental.

(12)

The owner of a dwelling used for short-term rental shall give the town, or its duly authorized agent, written consent to inspect any dwelling used for short-term rental to ascertain compliance with all state or local laws, ordinances, or regulations on 48 hours' notice to the owner given by text or e-mail.

(Ord. of 3-12-2024(6))

(a)

Definitions. The following words, terms and phrases when used in this article shall have the meanings indicated:

(1)

Pet means [a] dog or cat.

(b)

General standards.

(1)

Indoor pet boarding activities must be in a completely enclosed building.

(2)

Facility shall comply with all local or state regulations when a pet is boarded, or under the care, custody or subject to the actions of the operator. All shots that are required by the town, county or state shall be recorded by the operator.

(3)

Facility, and its surrounding environs, shall be maintained in a clean and sanitary condition and free from any accumulation of dirt, mud, fecal matter, or debris. Provisions shall be made so that cleaning and disinfecting of pet housing facilities, including runs, cages, pens, and kennels, shall occur daily—even when the facility is closed.

(4)

Facility shall not have noise emitting from the building that violates the standards of the town noise ordinance found at subsection 34-1(5) at any hour.

(5)

Facility shall be sufficiently heated and cooled to protect the pets contained therein from temperatures to which they are not normally acclimatized.

(6)

Facility shall be adequately ventilated to reasonably ensure the health of pets contained therein and to assist in the removal of foul and obnoxious odors.

(7)

Facility shall provide adequate fire safety protection to include fully operational fire suppression systems or devices and functional smoke detectors.

(8)

Facility shall contain a drainage system which shall be connected to a sanitary sewer system which conforms to the standards of the Town of Altavista.

(9)

Facility shall contain a means of disposal of pet waste in compliance with generally accepted standards for commercial pet waste removal.

(10)

The number of animals kept at facility shall be based upon the space available to meet each pet's needs, i.e. sanitary, noise, ventilation, feeding, recreation, enrichment, and temperature, in accordance with commonly accepted practice.

(11)

Facility shall have no outdoor pet related activity including pet runs, exercise areas, display areas, sunning areas, or swimming areas or other similar activities.

(12)

No outdoor enclosures shall be allowed adjacent to or as part of an indoor pet boarding facility.

(13)

Pet breeding or reproduction activities are prohibited.

(14)

Indoor pet boarding cannot be operated in any building or structure containing a residential use type and must be located a minimum of 100 feet from any adjacent residential use types.

(Ord. of 5-14-2024(5))

The standards listed below must be adhered to at all times for each of the following industrial use types.

(Ord. of 10-11-2011(3), § 2)

(a)

General standards:

(1)

All materials stored on the premises shall be placed in a storage yard. The storage yard shall be fully screened from surrounding views in accordance with section 86-573 and shall be set back at least 100 feet from any adjoining residential district.

(Ord. of 10-11-2011(3), § 2)

(a)

General standards:

(1)

All activities associated with a custom manufacturing establishment, other than loading and unloading, shall be conducted within an enclosed building.

(Ord. of 10-11-2011(3), § 2)

(a)

General standards:

(1)

Where receptacles for recyclable materials are located outside of a building, they shall be located so as to not disrupt or interfere with on site traffic circulation, required fire lanes or required parking or stacking areas.

(2)

A specific circulation pattern shall be established to provide safe and easy access to recycling receptacles. Adequate space shall be provided for the unloading of recyclable materials.

(3)

A regular schedule for picking up recycled materials shall be established and maintained.

(4)

The site shall be maintained free of litter.

(5)

Where receptacles for recyclable materials are located outside of a building, they shall be screened from public view in accordance with section 86-573.

(Ord. of 10-11-2011(3), § 2)

The standards listed below must be adhered to at all times for each of the following miscellaneous use types.

(Ord. of 10-11-2011(3), § 2)

(a)

General standards:

(1)

An amateur radio tower shall be considered an accessory structure and shall comply with the minimum setback requirements for the respective zoning district.

(2)

The minimum setback requirement from the base of the tower to any residential structure on an adjoining lot shall be at least equal to 40 percent of the height of the tower, measured from the closest structural member of the tower (excluding guy wires). Guy lines shall be exempt from the minimum setback requirements in side and rear yards for the respective zoning district, but shall comply with the setback requirements for the front yard.

(3)

More than one tower shall be permitted provided all setback requirements have been met.

(4)

Towers shall be illuminated as required by the Federal Aviation Administration (FAA) and the Federal Communications Commission (FCC), but no lighting shall be incorporated if not required by either agency.

(b)

In all residential, commercial and industrial zoning districts where amateur radio towers are permitted the following additional standards shall apply:

(1)

The maximum height permitted for an amateur radio tower shall be 75 feet. Any tower which exceeds this height may be permitted only after obtaining a special use permit in accordance with section 86-7 of this chapter and the additional criteria established under subsection (c) for such permits below.

(c)

Where a special use permit is requested, the following criteria shall be considered:

(1)

In accordance with the FCC's Memorandum Opinion and Order in PRB-1 also known as "Amateur Radio Preemption," 101 FCC2d 952 (1985), local regulation of amateur radio towers shall consider the following:

a.

The FCC, in regulating and licensing amateur radio stations and operators, is operating under basic federal objectives which preempt certain local regulations which preclude amateur communications;

b.

Restrictions on the placement, screening, or height of towers based on health, safety or aesthetic considerations must reasonably accommodate amateur communications.

c.

Restrictions must represent the minimum practicable regulation to accomplish the purpose of the district in which the tower is proposed.

(2)

The specific height of the amateur radio tower shall be set and established as a condition of the special use permit.

(Ord. of 10-11-2011(3), § 2)

(a)

General standards:

(1)

Surface parking facilities containing 15 or more spaces shall include landscaped medians, peninsulas or planter islands. Such landscaped areas shall constitute no less than ten percent of the total paved area. They shall be planned, designed and located to channel traffic flow, facilitate storm water management, and define and separate parking areas and aisles. Each landscaped area shall be planted with a deciduous tree with a minimum caliper of one inch at the time of planting in accordance with section 86-581.

(Ord. of 10-11-2011(3), § 2)

The design standards contained herein shall apply only to satellite dish antennae which are in excess of one meter in diameter or diagonal measurement.

(1)

General standards:

a.

Accessory structure. Satellite dishes are considered to be an accessory structure and must meet setbacks accordingly. No satellite dishes may be constructed on a self-supporting pole or other structure in the front yard. All satellite dishes attached to residences must be properly affixed and secured by proper mountings.

b.

Location. No more than two satellite antennas not exceeding six feet in diameter may be erected or installed on any one building lot in the town regardless of the zoning district in which it is located. Any such antenna shall be located only in the rear yard of such lot no closer than five feet to any side or rear lot line, nor less than ten feet from the rear of a main building; provided, however, that in lieu of any such antenna in a rear yard, one satellite antenna four feet or less in diameter may be suitably mounted to the roof area of a building.

c.

Corner lot. No satellite antenna on any corner lot shall be constructed or mounted neither forward of the building line of any adjoining lot nor closer than five feet to the side of such adjoining lot.

d.

Height limitation. No satellite antenna mounted in any such yard shall exceed 16 feet measured vertically from the highest point of the signal receiving apparatus, when positioned for operation, to the bottom of the base which supports the satellite antenna except any antenna which pursuant to this section, may be located and suitably mounted to the roof of a building.

e.

Ground mounting. Satellite antennas shall be ground mounted at ground level pursuant to all requirements of the Virginia Uniform Statewide Building Code after securing the proper building permits, and sufficiently secured to withstand a 75 mph wind; except such antenna four feet or less in diameter which is otherwise permitted by the section to be mounted to the roof of a building. All electrical cable will be buried in accordance with the applicable provisions of the building code.

f.

Screening. All ground-mounted satellite antennas over four feet in diameter shall be screened from adjoining properties by a wooden or masonry fence of six feet in height or by a living screen of coniferous plantings four feet in height minimum on planting planted five feet on center and of a variety which will mature to a height at least equal to the height of the antenna at its highest point as measured pursuant to this section. All such fences or plantings shall be installed at the time the antenna is installed and shall be fully and properly maintained during such time as the antenna being screened shall remain in such location.

(Ord. of 10-11-2011(3), § 2; Ord. of 1-14-2014(7), § 1)

(a)

General standards: Towers must comply with all standards in article VI.

(Ord. of 10-11-2011(3), § 2)

(a)

Intent. The intent of the development standards of this division are to allow for the use and enjoyment of an aviation facility-private in the R-1 low-density residential district ensuring adequate separation and other design characteristics to maintain a safe and healthy residential environment.

(b)

General standards.

(1)

That the use shall be an accessory use only to a principle residential use whether by occupancy or tenancy.

(2)

That a "No Objection" or "Conditional" airport determination issued by the Federal Aviation Administration after owner application under Title 14, Chapter 1, Subchapter I, Part 157 (Notice of Construction, Alteration, Activation, and Deactivation of Airports) has been obtained.

(3)

That proper registration documentation issued by the Federal Aviation Administration has been obtained for each personal aircraft intended to be utilized at the aviation facility.

(4)

That runway requirements for each aircraft intended to be utilized at aviation facility have been obtained.

(5)

That satisfactory evidence can be provided that the proposed landing area at the aviation facility is sufficient in length and width to accommodate aircraft intended to be utilized.

(6)

That satisfactory documentation can be provided that the applicant has secured, by ownership or tenancy, no less than 15 contiguous acres on which the private aviation facility is purposed.

(7)

That it can be demonstrated that a minimum clear zone of 500 feet from the end of all runways can be provided and that the clear zone is adjacent to the landing area and secured by ownership or tenancy.

(8)

That it can be satisfactorily demonstrated that the landing area or any building or structure intended to be used to shelter, cover, or store private aircraft is not located within 100 feet of any property line adjacent to residential use.

(Ord. of 2-13-2024(1); Ord. of 2-13-2024(2))

Editor's note— Ordinances enacted Feb. 13, 2024 set out identical provisions as § 86-463 and 86-546. At the editor's discretion, these provisions have been included herein as § 86-546.

(a)

General standards.

(1)

Donation bins shall be considered accessory structures and shall comply with the minimum setback requirements for the respective zoning district.

(2)

No more than two individual donation bins shall be permitted on any property by right. Donation bins in excess of two shall require approval by special use permit.

(3)

Donation bins shall not be allowed on public property.

(4)

The footprint of individual containers may not exceed 20 square feet and the height of containers shall not exceed six feet.

(5)

Donation bin placement shall not reduce minimum parking requirements of the principal use.

(6)

Donation bins may be used for the collection of clothing and miscellaneous household items. Hazardous materials are strictly prohibited in donation bins.

(7)

Containers must be labeled with the name and contact information of the organization or entity responsible for the donation bin.

(8)

Containers must be properly maintained and kept in an orderly manner. Any instances of overfilled bins, litter, or items intended for donation left outside the container shall constitute a violation of this section.

(9)

Donation bins that are found to be in violation may be subject to removal by the town. Costs associated with removal, including an administrative fee as outlined in the master list, will be charged to and payable by the container owner(s).

(Ord. of 3-11-2025(2), § 3)

(a)

Generally. As defined in section 86-22, accessory uses and structures may be associated with principal use types. Principal uses which are allowed by right or by special use permit may include accessory uses and activities, provided such accessory uses and activities are subordinate and incidental to the principal use, and provided they are designed with the intent and provisions of this chapter.

(Ord. of 10-11-2011(3), § 2)

(None)

(Ord. of 10-11-2011(3), § 2)

(a)

Residential use types may include the following accessory uses, activities or structures on the same site or lot:

(1)

Private garages and parking for the principal use.

(2)

Recreational activities and uses used by residents, including structures necessary for such uses.

(3)

Playhouses, gazebos, incidental household storage buildings, swimming pools, and other similar accessory structures.

(4)

Home gardens as defined by section 86-32.

(5)

Other uses and activities necessarily and customarily associated with purpose and function of residential use types, as determined by the administrator.

(6)

Construction office or trailer associated with active construction on a site. A construction office or trailer shall be removed from an active construction site within 30 days of issuance of the final certificate of occupancy for the project.

(7)

Sales trailer associated with active construction on a site. A sales trailer shall be removed from an active site within 30 days of issuance of the final certificate of occupancy for the permanent sales office for the project.

(8)

Amateur radio towers in accordance with the standards in section 86-542.

(9)

Satellite dishes in accordance with the standards in section 86-544.

(Ord. of 10-11-2011(3), § 2)

(a)

Civic use types may include the following accessory uses, activities or structures on the same site or lot:

(1)

Parking for the principal use.

(2)

Accessory dwellings commonly associated with or necessitated by the location and operation of the principal use.

(3)

Food services operated incidental to the principal use and operated primarily for the convenience of employees, residents or users of the principal use. Typical examples include cafeterias, and dining halls.

(4)

Convenience commercial facilities clearly incidental to the principal use and operated primarily for the convenience of employees, residents, and users of the principal use. Typical examples include museum gift shops, college bookstores, or snack bars clearly incidental to the principal use.

(5)

Other uses and activities necessarily and customarily associated with purpose or function of civic use types, as determined by the administrator.

(6)

A construction office or trailer associated with active construction on a site. A construction office or trailer shall be removed from an active construction site within 30 days of issuance of the final certificate of occupancy for the project.

(Ord. of 10-11-2011(3), § 2)

(a)

Office use types may include the following accessory uses, activities or structures on the same site or lot:

(1)

Parking for the principal use.

(2)

Recreational facilities available only to the employees of the office use type.

(3)

Day care facilities available only to the employees of the office use type.

(4)

Other uses and activities necessarily and customarily associated with purpose or function of office use types, as determined by the administrator.

(5)

One accessory dwelling unit occupied by employees responsible for the security of the use.

(6)

A construction office or trailer associated with active construction on a site. A construction office or trailer shall be removed from an active construction site within 30 days of issuance of the final certificate of occupancy for the project.

(Ord. of 10-11-2011(3), § 2)

Commercial use types may include the following accessory uses, activities or structures on the same site or lot:

(1)

Parking for the principal use.

(2)

Accessory storage buildings or areas.

(3)

One accessory dwelling unit occupied by employees responsible for the security of the use.

(4)

Other uses and activities necessarily and customarily associated with purpose or function of commercial use types, as determined by the administrator.

(5)

Construction office or trailer associated with active construction on a site. A construction office or trailer shall be removed from an active construction site within 30 days of issuance of the final certificate of occupancy for the project.

(6)

Donation bins.

(Ord. of 10-11-2011(3), § 2; Ord. of 3-11-2025(2), § 4)

Industrial use types may include the following accessory uses, activities or structures on the same site or lot:

(1)

Parking for the principal use.

(2)

Recreational facilities available only to the employees of the industrial use type.

(3)

Day care facilities available only to the employees of the industrial use type.

(4)

Cafeterias and sandwich shops available only to the employees of the industrial use type.

(5)

Incidental retail sale of goods associated with the industrial use type, provided the square footage does not exceed ten percent of the gross floor area or 3,000 square feet, whichever is less.

(6)

One accessory dwelling unit occupied by employees responsible for the security of the use.

(7)

Other uses and activities necessarily and customarily associated with purpose or function of industrial use types, as determined by the administrator.

(8)

A construction office or trailer associated with active construction on a site. A construction office or trailer shall be removed from an active construction site within 30 days of issuance of the final certificate of occupancy for the project.

(Ord. of 10-11-2011(3), § 2)

(a)

Off-street parking areas shall be provided prior to the issuance of a certificate of occupancy for any main building or expansion of an existing building, or the use thereof changed to a more intensive use.

(b)

Exception to off-street parking requirement in the central business district. The off-street parking requirement contained in this section shall not apply to any business in the central business district which property is located within a 200-foot radius of any public parking lot.

(Ord. of 10-11-2011(3), § 2; Ord. of 7-13-2021(3), § 1)

(a)

Stacking spaces shall be provided for any use having a drive-thru facility or areas having a drop-off and pick up areas. The following general standards shall apply:

(1)

Stacking spaces shall not impede on and off-site traffic movements, shall not cross or pass through off-street parking areas, and shall not create potentially unsafe conditions.

(2)

Drive-thru lanes shall be separated from off-street parking areas. Individual lanes shall be striped, marked, or otherwise delineated.

(3)

Each stacking space shall be a minimum of eight feet by 20 feet.

(b)

Stacking spaces shall be provided as follows:

(1)

Financial institutions shall provide four stacking spaces for the first drive-thru window, and two stacking spaces for each additional window.

(2)

Car washes shall provide three stacking spaces per bay or stall.

(3)

Restaurants shall provide six stacking spaces per drive-through window, measured from the order station.

(4)

All other uses containing drive-thru facilities shall provide a minimum of three stacking spaces for each window.

(Ord. of 10-11-2011(3), § 2)

(a)

General standards for satellite parking.

(1)

Number. If the number of off-street parking spaces required by this article cannot reasonably be provided on the same lot where the principal use associated with these parking spaces is located, then spaces may be provided on adjacent or nearby lots in accordance with the provisions of this section.

(2)

Location. Satellite parking spaces, other than those intended for employee use, shall be located within 600 feet of a public entrance of a principal building housing the use associated with such parking.

(3)

Condition. Property owners who obtain satellite parking spaces in accordance with this section shall not be held accountable for ensuring that the satellite parking areas from which they obtain their spaces satisfy the design requirements of this article, however, satellite parking spaces are required to comply with all of the requirements of this article.

(4)

Agreement. Persons intending to take advantage of this provision are required to demonstrate that an enforceable agreement exists between the parties who intend to share the satellite parking.

(b)

General standards for shared parking. One parking area may contain required spaces for several different uses, but the required space assigned to one use may not be credited to any other use. Persons intending to take advantage of this provision are required to demonstrate that an enforceable agreement exists between the parties who intend to share the parking.

(Ord. of 10-11-2011(3), § 2)

(a)

Whenever the normal operation of any development requires that goods, merchandise, or equipment be routinely delivered to or shipped from that development, a sufficient off-street loading and unloading area, located at the rear, side, or end of the business, must be provided and in accordance with this section to accommodate the delivery or shipment operations in a safe and convenient manner.

(b)

The loading and unloading area must be of sufficient size to accommodate the numbers and types of vehicles.

(c)

Loading and unloading areas shall be located and designed that the vehicles intended to use them can:

(1)

Maneuver safely and conveniently to and from a public right-of-way, and

(2)

Complete the loading and unloading operations without obstructing or interfering with any public right-of-way or any parking space or parking lot aisle.

(d)

Multiple businesses on a single zoning lot or within the same business or group of businesses may share loading and unloading spaces.

(Ord. of 10-11-2011(3), § 2)

(a)

General standards for vehicular parking areas.

(1)

Safety in relation to streets. Every off-street vehicular parking area shall be designed so it has access to a public street without impeding vehicular movement in that street. These parking areas, other than for single-family units and duplexes on local or minor streets, shall be designed so that vehicles exit such areas without backing onto a public street.

(2)

Pedestrian safety. Vehicular parking areas shall be designed so that vehicles can proceed without posing a significant danger to pedestrians or other vehicles.

(3)

Drainage. Except where the town determines that adequate capacity in the storm drainage system to which the site is draining exists and is willing to accept the increased volume in runoff, no vehicle parking area shall be constructed in such a manner that a significant volume of surface water from the lot will be drained onto public streets or buildings. No vehicle parking area shall be constructed in such a manner that as to increase the quantity or decrease the quality of the runoff to adjacent lots.

(4)

Setback. No part of any vehicle parking area other than the driveway entrance or exit shall be within four feet of any right-of-way line or public sidewalk, which is adjacent to the street right-of-way.

(5)

Disabled parking. Site plans, as required by division 6, (below), shall provide for parking spaces reserved for the disabled. The number of spaces provided shall be as required by the Virginia Uniform Statewide Building Code. Such spaces shall be included in the total calculation of the total number of spaces required by this article.

(6)

Bike racks and motorcycle pads. The number of spaces required by this article may be reduced by one space for each bicycle rack for five or more bicycles and each motorcycle pad for two or more motorcycles, which are provided up to a total of five percent of the required number of spaces.

(7)

Marking and maintenance. Parking stalls in paved parking areas shall be clearly marked. Vehicular parking areas shall be properly maintained in all respects.

(8)

Vehicles in working condition. All off-street parking facilities shall be used solely for the parking of vehicles in operating condition. No motor vehicle repair work except emergency service, no storage of merchandise, and no motor vehicles for sale, shall be permitted on any required vehicle parking area.

(b)

Parking stall and aisle dimensions.

(1)

Normal. A required off-street parking space or stall shall include a rectangular area with a length of at least 18 feet and a width of at least nine feet, exclusive of access drives or aisles, ramps, columns, or office or work areas. Such space shall have a vertical clearance of at least six and one-half feet. Aisles shall be not less than 22 feet for 90 degree parking, nor less than 18 feet for 60-degree parking, nor less than 16 feet for 45-degree parking. Angles shall be measured between centerline of the parking space and centerline of the aisle. For parallel parking, the length of the space shall be increased an additional four feet and the width shall be decreased by one foot.

(c)

Parking standards.

(1)

All parking areas and/or sales display/service areas shall be maintained on all weather surface of gravel, surface treating, concrete or asphalt. Any newly constructed parking areas required to contain ten or more spaces shall be surface treated or paved with concrete or asphalt.

(2)

Parking areas when required for three or more vehicles shall have individual spaces adequately designated. Single-family residential uses are exempt in all zoning districts.

(3)

Each space shall have access to a street and shall be so arranged that any vehicle may be moved without moving another.

(4)

Spaces shall be arranged so that no maneuvering directly incidental to entering or leaving a parking space shall be on any public road.

(5)

Parking lots used only for occasional use, less than two days per week, shall be exempt for the surfacing requirements.

(6)

Any stacking lanes shall be surfaced to the same standards as the paved parking area with which they are associated.

(Ord. of 10-11-2011(3), § 2)

Schedule A.

The following table contains minimum parking requirements for uses with elements having different functions or operating characteristics. The administrator shall consider and decide the minimum parking required for uses containing a mixture of these elements:

Schedule B.

Specific minimum requirements shall be determined administratively by the zoning administrator in consultation with the planning commission, based on requirements for similar uses, location of the proposed use, expected demand, and traffic generated by proposed use.

(Ord. of 10-11-2011(3), § 2; Ord. of 3-14-2023(3), § 1)

It is the intent of these provisions to promote the public health, safety and welfare by reducing common conflicts associated with incompatible abutting land uses. It is also the intent of these provisions to promote the protection of the natural environment through plantings that absorb gaseous emissions and improve air and water quality. These requirements seek to ease transition among different uses by reducing noise, glare, dust and overcrowding, redirecting emissions, confining litter, maintaining property values, protecting neighborhood character, promoting visual harmony, restricting passage, promoting peaceful enjoyment and privacy and enhancing the natural environment. Furthermore, the requirements seek to encourage innovation in landscape and architectural design.

(Ord. of 10-11-2011(3), § 2)

These provisions shall apply to all developments requiring a site plan as specified by this chapter. All required landscaped plans shall be prepared by either a landscape architect, a professional planner, or other professional knowledgeable of plant materials and landscape design.

(Ord. of 10-11-2011(3), § 2)

(a)

Buffer yards containing specified screening and plantings shall be required between zoning districts of different intensities as shown in table 1. For each required buffer type, the developer of the site shall choose which option to install.

(b)

Required buffer yards shall be located such that they provide a visual and physical barrier between abutting zoning districts of different intensities and shall buffer and screen all exterior storage, service, refuse, maintenance, repair, processing, salvage, parking, and other similar areas. No use of the site may be extended into or beyond the required buffer yard.

(c)

Required buffer yards shall not be located on any portion of any existing or dedicated public or private street or right-of-way, shall not obstruct the visibility of traffic circulation, and shall not interfere with the use of adjoining properties.

TABLE 1—Buffer Yard Types

Notes:

1. An asterisk (*) in table 1 means that no buffer yard is required.

2. Buffer yard and screening requirements within a proposed PUD zoning district shall be determined as a part of the PUD approval process. For standards for buffer yard planting and screening see section 86-574 below.

(d)

Required buffer yards, including screening and plantings shall be in place at the time of any occupancy or use of the property.

(e)

The buffer yard shall be reserved solely for screening and plantings, except for required pedestrian or vehicular access driveways to the property, passive recreation areas, or pedestrian or bicycle trails, which can be accommodated in a manner that preserve the intended screening between different zoning districts. In no case shall any portion of a required buffer yard be used for parking, service, refuse, storage, maintenance, or any other use that impairs the intended buffer function.

(f)

The property owner or lessee shall have the responsibility to continuously maintain the required buffer yards, screening and plantings so that they continue to meet the specified standards and intent of this section. All materials shall present an attractive appearance and be of durable construction.

(Ord. of 10-11-2011(3), § 2)

(a)

Plantings required by this section shall be provided in accordance with the following standards:

(1)

Where required, all evergreen shrubs shall have a minimum height of at least 24 inches at the time of planting and an ultimate height of six feet or more. One such shrub shall be planted for each three linear feet of buffer yard. Evergreen shrubs that meet these standards include various types of hollies, yews, and junipers.

(2)

Where required, each small evergreen tree shall have a minimum height of at least six feet at time of planting and an ultimate height of fifteen feet or greater. One such tree shall be planted for each five linear feet of buffer yard. Small evergreen trees that meet these standards include various types of pines, hollies, upright arborvitae and junipers.

(3)

Where required, each large evergreen tree shall have a minimum height of at least eight feet at the time of planting and an ultimate height of 50 feet or greater. One such tree shall be planted for each 15 linear feet of buffer yard. Large evergreen trees that meet these standards include various types of pines, firs and hemlocks.

(4)

Existing evergreen trees and shrubs which meet the requirements of this section may be counted as contributing to total planting requirements.

(5)

All portions of buffer yard areas not containing plantings shall be seeded with lawn grass of other approved vegetative ground cover.

(6)

No landscaping plantings shall be located in easements, wherever possible.

(b)

Screening required by this section shall be provided in accordance with the following standards:

(1)

All screening shall be: visually opaque, constructed of a durable material, installed within the required buffer yard, and continuously maintained.

(2)

Acceptable screening materials shall include stockade fences, decorative masonry walls, brick walls, and earth berms. Alternate materials may be approved, if in the opinion of the administrator, their characteristic and design meet the intent and standards of this section.

(Ord. of 10-11-2011(3), § 2)

(a)

Any exterior area used for storage, service, maintenance, repair, processing, manufacturing, fabrication, salvage, refuse disposal, or other similar use that is visible from a public street right-of-way, shall be screened with a buffer yard, screening and plantings meeting type A standards listed in this section, and shall be provided in a manner which screens the use from view. Any area so used shall also be similarly screened from view of adjoining residences and businesses.

(b)

All commercial and industrial use types shall screen from surrounding views all articles and materials being stored, maintained, repaired, processed, dismantled or salvaged.

(c)

All dumpsters and refuse storage areas shall be screened on all sides per the regulations contained in section 62-43 of the Town Code.

(Ord. of 10-11-2011(3), § 2)

Where any area used for active outdoor recreation use, playground, tennis courts, swimming pool, or other similar use is located in a residential district, such use shall be screened from any adjoining residences with buffer yards, screening and plantings meetings type B standards listed in this section.

(Ord. of 10-11-2011(3), § 2)

(a)

When a new, expanded, or reconfigured parking area is required or proposed adjacent to a public street right-of-way, a landscaped planting strip shall be established between the parking area and the adjacent street right-of-way. This required landscaped planting strip shall have a minimum width of eight feet, if the depth of any portion of the parking area is 60 feet or less when measured at a right angle to the street right-of-way. The width of the required landscaped planting strip shall be increased by one foot for each additional five-foot depth of parking area provided. No required landscaped planting strip shall be required to exceed a width of 50 feet. Landscape strips adjacent to other property lines shall be a minimum of five feet.

(b)

Within the required landscaped planting area, one deciduous tree shall be planted for each 320 square feet of landscaped area. All shade trees shall have a minimum caliper of two inches at the time of planting. Lower limbs shall be removed to a clear trunk height of six feet as tree growth allows. Smaller ornamental or flowering trees may be used with the permission of the administrator. When used, these trees may retain their lower limbs, but must be planted with consideration of visibility and traffic flow.

(c)

When buffer yards as specified in this section are not required, an eight-foot wide landscaped planting strip shall be provided between all parking areas and adjacent properties. Within the required landscaped planting area, one deciduous tree shall be planted for each 160 square feet of landscaped area. All shade trees shall have a minimum caliper of two inches at the time of planting. Lower limbs shall be removed to a clear trunk height of six feet as tree growth allows. Smaller ornamental or flowering trees may be used with the permission of the administrator. When used, these trees may retain their lower limbs, but must be planted with consideration of visibility and traffic flow.

(Ord. of 10-11-2011(3), § 2)

In cases where quality woodland exists, the retention and preservation of existing trees between the parking area and the adjoining right-of-way or property is encouraged.

(Ord. of 10-11-2011(3), § 2)

(a)

The following minimum standards for interior parking area landscaping shall be met for all new, expanded or reconfigured parking areas:

(1)

At least one deciduous shade tree shall be installed for every ten parking spaces provided. All shade trees shall have a minimum caliper of two inches at the time of planting. Lower limbs shall be removed to a clear trunk height of six feet as tree growth allows. Smaller ornamental or flowering trees may be used with the permission of the administrator. When used, these trees may retain their lower limbs, but must be planted with consideration of visibility and traffic flow.

(2)

A continuous landscape strip shall be installed between every four rows of parking. This strip shall be a minimum of eight feet in width to accommodate required trees and shrubs.

(3)

Large planting islands (greater than 200 square feet) shall be located throughout the parking area at the end of parking rows. Eighty percent of these islands shall be planted with shade trees, low shrubs and/or ground cover.

(4)

Planting islands, with a minimum width of nine feet and a minimum depth of 18 feet, shall be provided between every 15 parking spaces to avoid long rows of parked cars. One deciduous shade tree, minimum two inches caliper at time of planting, shall be provided within each of these planting islands.

(5)

Within the interior of the parking area, landscaping shall be used to delineate vehicular and pedestrian circulation patterns, improve stormwater quality and promote stormwater management objectives. Clear and legible signs and other techniques shall be used to further direct the flow of both vehicular and pedestrian traffic within the parking area.

(Ord. of 10-11-2011(3), § 2)

(a)

Deciduous urban shade trees with ground cover or low shrubs shall be the primary landscape material. Tall shrubs or low-branching trees that will restrict visibility shall be avoided.

(b)

For planting islands that are parallel to parking spaces, islands shall be a minimum of nine feet wide and trees set back a sufficient distance to allow car doors to open.

(c)

For planting islands that are perpendicular to parking spaces, islands shall be a minimum of eight feet wide to allow for overhang of parked cars. If parking is only on one side of the island, an eight-foot width is still required.

(Ord. of 10-11-2011(3), § 2)

(a)

The owner, tenant and their agents, if any, shall jointly and severally, be responsible for the maintenance of all required and provided landscaping in good condition so as to present a healthy, neat and orderly appearance. All landscaped areas shall be kept free from refuse and debris.

(b)

All landscaped areas shall be provided with a readily available water supply.

(c)

All required or provided trees, shrubs, ground covers and other plant materials must be replaced during the first opportune planting season if they die or become unhealthy because of accidents, drainage problems, disease or other causes.

(d)

Trees shall not be trimmed or topped so that advertisement signs may be visible. Trees shall instead be allowed to grow and at the appropriate time, the crown may be lifted.

(e)

An adequate maintenance surety for two consecutive growing seasons shall be required after a project is completed.

(Ord. of 10-11-2011(3), § 2)

(a)

The requirements of this section shall be applied equally to all similarly classified and situated properties but may be modified or waived by the administrator where the intent of this section is preserved and where the proposed developments of the new use meets any of the following guidelines:

(1)

Natural land characteristics and/or existing vegetation would achieve the same intent of this section, provided such natural features are maintained and not modified by the development or use of the site;

(2)

Innovative landscape design, staggering of planting, screenings or architectural design would achieve the intent of this section;

(3)

The amount of required buffer yard would occupy more than 15 percent of the total lot, parcel of land or development site, and proportional increases of planting and screening are added which are determined by the administrator to offset any reductions of the required buffer yard, or

(4)

The subject uses are separated by an alley, public utility right-of-way, water body or other physical separation. In such case, the width of the separating feature may replace the buffer yard requirements on a foot-for-foot basis, provided the intent of the applicable screening and planting requirements is met. Where such separating feature is wider than the applicable buffer yard requirements, one row of the applicable planting requirements may be waived for every five feet of separation in excess of the required buffer yard; provided, however, that a minimum of one row of plantings or screening may be required.

(5)

When property lines abut an adjacent jurisdiction, the administrator shall determine the specific screening and buffering requirements along the property lines after consideration of the zoning designation and/or land use of the adjacent property. Requirements shall not exceed those that would be required for similarly situated property within the town.

(6)

If site characteristics do not permit the compliance with these parking lot landscaping regulations and the requirements of this chapter, then the planning commission shall, at applicant's request, determine which standards apply to the site.

(7)

The location and design of any required landscaped area may be modified by the administrator to achieve local stormwater management and/or water quality objectives.

(Ord. of 10-11-2011(3), § 2)

When buffering, screening or planting requirements are required by a conditional rezoning, or a special use permit approved after the effective date of this chapter, and such requirements are in conflict with the requirements contained herein, the more restrictive requirements shall apply.

(Ord. of 10-11-2011(3), § 2)

(a)

Adequate lighting shall be provided for vehicle parking areas that are used at night. All exterior site lighting fixtures shall be designed located and arranged so as not to direct glare on adjoining streets or residential properties. All exterior fixtures shall be shielded so that light is directed towards the ground only.

(b)

Except for publicly owned fixtures, no freestanding light fixture shall exceed 18 feet in height above grade.

(c)

Lighting shall not interfere with the use of nearby properties or the safe use of public streets. Lighting intensity at the property line of any civic, office, commercial, or industrial use type shall not exceed one foot-candle.

(Ord. of 10-11-2011(3), § 2)

A sketch plan shall be submitted, prior to the approval of a zoning permit, for any new or expanded use or development not requiring a site plan. Sketch plans shall be legibly drawn and shall clearly indicate the area, shape and dimensions of the property proposed for development. All existing easements, natural water courses, and existing and proposed improvements shall also be shown on the plan. The plan shall clearly indicate the minimum distances between existing and proposed uses and all property lines. Proposed access to the property shall also be shown.

(Ord. of 10-11-2011(3), § 2)

(a)

The lot area and yards required for any use or structure shall be permanently maintained, and shall not be counted as the required lot area or yards for any other use or structure.

(b)

Required yards shall remain free of all uses or structures except for the following:

(1)

Fences, walls and landscaping shall be allowed in yards provided that sight triangles are maintained per section 86-599 below. Driveways and parking areas shall also be allowed.

(2)

Patios and steps shall be allowed within all required setback areas. Decks shall comply with the following setback requirements:

a.

Minimum side yard: Five feet.

b.

Minimum rear yard: Ten feet.

(3)

Accessory structures shall be allowed in accordance with the regulations for such structures.

(c)

Height limitations contained in this chapter shall not apply to church spires, belfries, residential chimneys, flag poles, or residential television antennae.

(Ord. of 10-11-2011(3), § 2)

The minimum lot frontage on the arc of a cul-de-sac shall be no less than 30 feet in all zoning districts.

(Ord. of 10-11-2011(3), § 2)

(a)

Flag lots, shall have a minimum lot frontage as defined in this chapter.

(b)

The creation of irregular lots, as defined in this chapter, shall be prohibited. No lot shall be platted or modified pursuant to the town's subdivision ordinance that due to its unusual geometric shape, results in the creation of an irregular lot.

(Ord. of 10-11-2011(3), § 2)

Only one single-family detached dwelling shall be permitted on any lot.

(Ord. of 10-11-2011(3), § 2)

Well lots, tank lots, stormwater detention area lots, utility pumping station lots, and similar types of public utility lots may be created in compliance with the terms of this chapter and the subdivision ordinance, notwithstanding the frontage, width, area, and other design standards for lots found in article III of this chapter. Any such lot proposed for platting, shall be clearly designated on a subdivision plat reviewed and approved by the town. This plat shall contain notations and covenants that clearly restrict the use of the lot for the above cited purposes. Further, the plat shall clearly indicate that no employment shall be allowed at these lots except for the routine and necessary maintenance of the public facilities.

(Ord. of 10-11-2011(3), § 2)

Of the two sides of a corner lot, the front of the lot shall be deemed to be the shorter of the two sides fronting on streets.

(Ord. of 10-11-2011(3), § 2)

(a)

To promote visibility for pedestrians and the operators of motor vehicles, a clear sight triangle shall be established at the intersecting right-of-ways of any two public streets. The legs of this sight triangle shall be 25 feet in length. They shall begin at the point of intersection of the two street right-of-ways, and shall extend 25 feet along each right-of-way line. The triangle shall be formed by connecting the endpoints of these two lines.

(b)

Within this sight triangle nothing in excess of three feet in height shall be constructed, placed, or permanently parked. In addition, no vegetative plantings within the triangle shall be allowed to grow to a height of greater than three feet.

(Ord. of 10-11-2011(3), § 2)

(a)

Except as stipulated in section 86-599 (above), fences may be constructed in any location, on any lot. The maximum height of a fence shall not exceed seven feet in the side and rear yard.

(b)

On any lot, fences located in front of the building line shall not exceed 42 inches in height. No solid/privacy or chain link or other wire type fencing shall be permitted in the front yard.

(Ord. of 10-11-2011(3), § 2)

(a)

A subdivision plat shall be submitted to the town for any new residential, commercial or industrial condominium development, including the conversion of any existing development to the condominium form of ownership. This plat shall meet all standards for subdivision plats. Plats shall be reviewed by the administrator who shall approve the plat provided it meets the provisions of this chapter and the town subdivision ordinance.

(b)

An approved owners' association shall be established for all condominium projects having individually owned structures or units, and common areas and facilities. The purpose of this association is for the provision of upkeep and maintenance of the common areas, roads and facilities. The administrator shall review the provisions of the association to ensure compliance with this section.

(Ord. of 10-11-2011(3), § 2)

(a)

Storage containers and buildings shall be considered accessory structures and shall be located in accordance with the standards for accessory structures as described in article III of this chapter.

(b)

No vehicle, truck body, manufactured home, mobile home, bus, trailer, recreational vehicle, shipping container, portable storage unit, or similar equipment shall be used as a storage container of building in any zoning district, except that:

(1)

Temporary mobile storage containers designed for site delivery and pickup may be placed and used on any residentially or commercially zoned property for a period not to exceed 45 days per calendar year. Such a container may be placed in the front yard of a residentially zoned property only if it is not possible to locate it elsewhere on the property.

(2)

Commercial and industrial use types may use shipping containers for storage provided that:

a.

All containers are maintained in suitable condition and be free of rust, deterioration, graffiti, etc.

b.

All containers are placed in an approved location that does not utilize existing parking spaces, fire lines, etc.

c.

All containers are placed in the rear of the property where feasible and shielded from public views.

d.

Such containers shall not be allowed for more than 90 consecutive days in any one-year period.

(Ord. of 10-11-2011(3), § 2)

(a)

The parking or storage of recreational vehicles as defined in section 86-22 shall not obstruct the public sidewalk or protrude into the public right-of-way.

(b)

Recreational vehicles shall be properly registered, licensed, and in working condition when stored or parked on any lot within any zoning district.

(c)

Recreational vehicles shall not be used for habitation purposes in any zoning district and shall not be connected to any private or public utilities for onsite consumption.

(d)

Recreational vehicles may not be parked in the area between the front wall of the main structure and the street passing the lot except in a driveway provided they are located not less than 15 feet from the edge of the pavement of the street passing the lot.

(e)

Recreational vehicles that are parked in rear or side yard spaces shall adhere to the district setback regulations for accessory structures.

(f)

The owner of a recreational vehicle must also be the owner or tenant of the property on which the vehicle is parked or stored.

(g)

The owner or tenant of a lot may not rent recreational vehicle parking spaces to offsite owners.

(Ord. of 3-11-2025(1))

(a)

The purpose of this section is to provide for the submission of appropriate site plans and to enable adequate opportunity for administrative review of such to ensure compliance with the provisions of this chapter.

(b)

A site plan shall be required and shall be submitted to the town for each of the following:

(1)

All new development in every zoning district except for single-family and duplex dwellings.

(2)

The conversion of any single-family or duplex dwelling to any other use or to a higher intensity residential use.

(3)

Additions or modifications to buildings or sites, except single-family and duplex dwellings, if the addition or modification results in a 2,500 square foot or greater increase in impervious surface area of the site.

(4)

The conversion of any property from fee simple ownership to a condominium form of ownership.

(c)

All required site plans shall be prepared and sealed by a professional engineer, architect, landscape architect, or land surveyor B, who is registered by the Commonwealth of Virginia.

(d)

A sketch plan that meets the standards contained in section 86-592 shall be required for all uses or development not requiring a site plan and may be prepared by any professional or landowner, or landowner's designee.

(Ord. of 10-11-2011(3), § 2)

At the discretion of the administrator, a preliminary site plan applicant shall schedule a pre-application conference with the administrator. The purpose of the pre-application conference is to informally review the proposed preliminary site plan to determine any issues and concerns that may emerge as part of the formal review of the site plan. The administrator's and other staff comments on the proposed preliminary site plan shall be informal, and shall not constitute a formal action on the application. Also, the time period for preliminary site plan approval shall not commence until after the pre-application conference, when the applicant files, and the town accepts, a completed preliminary site plan application.

(Ord. of 10-11-2011(3), § 2)

(a)

The administrator shall establish town procedures for preliminary site plan review and approval.

(b)

The administrator shall coordinate the town review of any preliminary site plan submitted in accordance with town administrative procedures, and shall have the authority to request opinions or decisions from other town departments, agencies or authorities of the Commonwealth of Virginia, or from other persons as may from time to time be consulted.

(c)

Complete sets of preliminary site plans shall be submitted for review. The town shall establish procedures for the collection of a site plan fee and the administrator shall establish the number of complete sets of plans the applicant shall submit.

(d)

Applicants for preliminary site plan approval shall submit a preliminary site plan to the administrator for review and approval prior to preparing a final site plan. The preliminary site plan shall show the general location of all existing and proposed land uses and site features. The administrator shall prepare a checklist of the minimum information and format that is to be required on a preliminary site plan and the applicant shall provide all information required by the checklist.

(e)

The town staff shall review the preliminary site plan and shall advise the applicant whether or not the features and uses shown on the preliminary site plan conform to the provisions of this chapter and any other applicable town ordinance and requirements. If the features and uses shown on the preliminary site plan conform to the provisions of this chapter, the administrator shall refer the preliminary plan to the planning commission for its review and approval. If the features and uses shown on the preliminary site plan do not conform to the provisions of this chapter, the administrator shall advise the applicant in writing, and shall advise the applicant on what changes to the preliminary site plan are necessary prior to referral to the planning commission.

(f)

The planning commission shall review, and approve or disapprove, any complete preliminary site plan submitted for its review within 60 days of the filing of the plan with the planning commission and the planning commission's acceptance of the plan. If the planning commission disapproves a preliminary plan, it shall notify the applicant of what changes must be made on the preliminary site plan before re-submittal to the planning commission for approval. If a plan must be reviewed by a state agency or other public authority, approval or denial shall occur within 45 days from the date of receipt of any agency response.

(Ord. of 10-11-2011(3), § 2)

(a)

Every final site plan shall be submitted in accordance with the requirements of this chapter. The final site plan shall show the location of all existing and proposed land uses and site features. The zoning administrator shall prepare a checklist of the minimum information and format that is to be required, and the applicant shall provide all information required by the checklist to ensure conformance with town ordinances and standards. Plans which lack required information shall be deemed to be incomplete and shall be denied by the zoning administrator or his designees within five working days after initial submission. The developer may request reinstatement of review.

(b)

A final site plan shall be submitted for approval within one year of the approved preliminary site plan. Thereafter, the preliminary site plan shall expire.

(c)

A final site plan fee shall be submitted by the applicant in accordance with the town's adopted fee schedule. If such a plan is rejected or not approved by the zoning administrator, the applicant need not submit an additional fee upon the first resubmittal of the plan. However, for a second or subsequent resubmittal, the applicant shall pay a resubmittal fee in accordance with the town's adopted fee schedule.

(Ord. of 10-11-2011(3), § 2)

(a)

Final site plans shall be prepared on such materials and format as the zoning administrator may specify, with the number of copies that he prescribes.

(b)

The final site plan shall reflect all those elements approved on the preliminary site plan. In addition, it shall include those specific construction plans and other technical information as determined by the zoning administrator, and it shall provide for all improvements required pursuant to this code or other applicable laws.

(Ord. of 10-11-2011(3), § 2)

(a)

The zoning administrator shall have the administrative authority to establish town standards and procedures for final site plan review and approval and shall have the authority to request opinions or decisions from other town departments, agencies or authorities of the Commonwealth of Virginia or from other persons as may from time to time be consulted.

(b)

Complete sets of final site plans and other information shall be submitted on approved media for review. The zoning administrator shall establish the number of complete sets of plans and other information the applicant shall submit.

(c)

The zoning administrator shall review, and approve or disapprove, any complete final site plan submitted for its review within 60 days of the filing of the final site plan with him and his acceptance of the plan. If a plan must be reviewed by a state agency or other public authority, approval or denial shall occur within 45 days from the date of receipt of any agency response.

(d)

Approval of the final site plan pursuant to the provisions of this chapter shall expire five years from the date of approval in accordance with Code of Virginia, § 15.2-2261, unless building and/or zoning permits have been obtained for the development.

(e)

No building or zoning permit shall be issued by any town official for any building, structure or use depicted on a required final site plan, until such time as the plan is approved by the zoning administrator.

(f)

No change, revision, or erasure shall be made on any pending or approved final site plan, nor on any accompanying information where approval has been endorsed on the plan or sheets, unless authorization for such changes is granted in writing by the zoning administrator prior to approving the change.

(Ord. of 10-11-2011(3), § 2)

(a) Any improvement or dedication required by this chapter or any other ordinance of the town shall be made at the sole cost of the property owner unless other agreements have been reached between him, the town, and/or any other governmental agency. In the town's sole discretion, the town may require payment equivalent to the cost of required improvements rather than actual construction of said improvements. In such cases, the town shall provide the required improvements within a specified time period.

(b) Prior to the approval of a final site plan, the applicant shall execute a development agreement to construct required or proposed improvements located within public rights-of-way or easements, or any such improvement connected to any public facility.

(c) Proposed lot sizes, buildings or uses shall conform to the provisions of this chapter. Nonconforming lots of record, buildings or uses may be developed in accordance with article VII (non-conforming uses) of this chapter.

(d) All off-street parking areas, travel lanes and access driveways shall be designed, located and constructed in accordance with sections 86-561—86-566 of this chapter.

(e) Wastewater (sanitary) and water utilities shall be required and conform to chapter 78 of the Town Code and applicable town standards and specifications, as determined by the director of public works.

(f) Drainage and stormwater management facilities shall be required and conform to chapter 78 of the Town Code, and applicable town standards and specifications as determined by the director of public works.

(g) Proposed private, exterior site lighting shall be designed and implemented in accordance with section 86-591 of this chapter.

(h) Required buffer yards, screening and/or landscaping shall be designed and implemented in accordance with section 86-573 of this chapter.

(i) All private signage shall be designed and implemented in accordance with article V of this chapter.

(j) Fire protection facilities and emergency access provisions shall be required and conform to the applicable fire code and standards.

(k) Private bridges, retaining walls, handrails and other structures shall conform to the Uniform Statewide Building Code as determined by the building official.

(l) Police protection facilities and provisions shall conform to town safety codes and standards as determined by the police chief or his designee.

(m) Private wastewater and water systems shall conform to regulations promulgated by the Virginia Department of Health.

(n) Transportation facilities shall be required and conform to applicable standards and specifications of the town as determined by the director of public works.

(o) Traffic control measures and devices shall be required and conform to applicable standards of the town as determined by the director of public works.

(p) Highway and street illumination shall be required and conform to applicable standards and specifications of the town as determined by the zoning administrator.

(q) Rights-of-way for roads, streets, alleys and other facilities for public use (e.g., utilities and park areas), and easements necessary for their construction and maintenance, shall be dedicated to the town, or proof thereof shall be required to develop or use property.

(r) Private solid waste and recycling facilities, HVAC equipment and other mechanical systems shall be screened in accordance with section 86-575 of this chapter and section 62-43 of the Town Code.

(s) Private receptacles or dumpsters for collection and disposal of solid waste and recycling shall be located on paved pads of sufficient size to accommodate loading and unloading.

(t) A phase I environmental site assessment shall be required when the development involves any land disturbance for any residential subdivision, assembly, day care, group home, recreation, school, library or similar use where exposure to contaminated soils or water would pose a threat to the public health, safety or welfare. The phase I environmental site assessment shall conform to ASTM E1527-05 and subsequent revisions. Where deemed necessary, the director of public works or his designee may require a phase II environmental site assessment in accordance with ASTM E1903-97(2002) and subsequent revisions. The phase I and phase II reports shall include recommendations to address any and all environmental conditions of the property adverse to the public health, safety and welfare, including contaminated soil, surface water or groundwater. If a phase I and/or phase II environmental site assessment has been previously submitted to the town for the same property, such environmental site assessment may suffice.

(Ord. of 10-11-2011(3), § 2)

It shall be a violation of this zoning ordinance for any person to construct or structurally alter any building or structure or to develop or modify land for which a site plan is required, except in accordance with an approved final site plan.

(Ord. of 10-11-2011(3), § 2)

(a)

The developer shall provide adequate supervision on the site during the installation of all required improvements and shall have a responsible superintendent or foreman, together with one set of approved plans and specifications, available at the site at all times when work is being performed.

(b)

Any excavation, grading or other disturbance within the town right-of-way will only be allowed as a part of a continuous, timely operation toward completion of the entire improvement shown on the approved final site plans.

(Ord. of 10-11-2011(3), § 2)

(a)

Inspections may be made by the zoning administrator, or designee and other agencies, both on site and off site, to ensure general conformance of the construction with the requirements of the approved final site plan.

(b)

In the event that inspection reveals that the construction does not conform to the requirements of the approved final site plan or if inspections made find that unapproved materials or substandard workmanship are being used, or if the zoning administrator finds that a hazard to public safety exists, he shall stop the work from proceeding by providing verbal and written directions to stop work until any public safety hazard or noncompliance is remedied, such written notice shall be hand carried and mailed by certified letter to either the developer or his superintendent.

(c)

The developer shall request that a final inspection be made by the zoning administrator or his designee.

(Ord. of 10-11-2011(3), § 2)

Where a final site plan is required under this zoning ordinance for the construction or structural alteration of any building or structure, or the development or modification of any land, no building permit shall be issued for such activity until the required final site plan has been approved.

(Ord. of 10-11-2011(3), § 2)