(1)

In the measurement of lot width, the front shall be deemed to be the shorter of the two sides of a corner lot facing streets. Note: Lot area and width requirements for townhouses are located in section 24-477. The E-1 and M-1 Districts do not allow residential development.

(2)

Area requirements in this section are subject to the approval of the health department, and in special circumstances larger lot areas may be required by the health department.

(Zoning Ord. 2003, § 18.1-801)

(a)

Agricultural uses. The maximum lot coverage for agricultural uses shall adhere to the following requirements:

(b)

Residential uses.

(1)

The maximum lot coverage for residential uses shall adhere to the following requirements:

(2)

Does not apply to lots of record as described in section 24-11(1).

(c)

Commercial, industrial and other uses. There is no maximum lot coverage for commercial, industrial and other uses, except as provided herein in special circumstances and/or as may be required by the town council, commission and/or board of appeals.

(Zoning Ord. 2003, § 18.1-802)

No building shall hereafter be erected, constructed or altered so as to exceed the height limit specified in the regulations herein for the district in which it is located. Except as provided herein, the maximum height restrictions and other uses within the districts shall be as follows:

(1)

No building shall hereafter be erected, constructed or altered so as to exceed the height limit specified in the regulations herein for the district in which it is located.

(2)

Except as provided herein, the maximum height restrictions for residential and other uses within the districts shall be as follows:

(3)

The method determining the height of a building or sign is described in section 24-2.

(4)

Chimneys, water and fire towers, church spires, domes, cupolas, cooling towers, roof signs, elevator bulkheads, smokestacks, flag poles, silos, granaries, windmills, oil derricks and similar structures and their necessary mechanical appurtenances may be erected above the height limits herein established except for those structures exceeding 200 feet in height, where prior written approval from the Federal Aviation Administration is necessary. Wireless communication facilities, including antennas and towers, are subject the requirements of article XI of this chapter.

(Zoning Ord. 2003, § 18.1-803)

(a)

Within the district herein defined, the following minimum yard requirements shall apply:

(b)

The minimum side yard shall be 15 feet on corner lots and ten feet on other lots, except that no building or structure shall be erected within 25 feet of a residentially zoned lot.

(c)

No minimum requirement except that no building or structure shall be erected within 25 feet of a residentially zoned lot.

(d)

The front yard setback requirement for any lot in the A-1 Agricultural District, R-1 Limited Residential District, R-2 General Residential District, R-3 High-Density Residential District, or R-4 Manufactured Home District shall be reduced when 50 percent or more of the building lots on the same side of the street within the same block are improved with buildings, and no building on that same side of the street within the same block shall be required to have a front yard setback greater than the average front yard setback of the existing buildings on the same side of the street. However, when there are buildings on the lots on both sides of the lot, the required front yard setback for that lot shall not be greater than the average of the front yard setbacks of the buildings on such adjacent lots. The sideline of a building on a corner lot shall not be a factor in these calculations. For the purposes of this section, the term "block" shall be defined as the area between the next adjacent street intersection or 500 feet of the lot in question, whichever is less, on both sides of the lot in question. A property owner shall be responsible for providing the appropriate documentation to support the reduction in front yard setback requirement prior to issuance of a zoning certificate.

(Zoning Ord. 2003, § 18.1-804)

Note—Refer to section 24-11(b)(2) for language regarding setback requirements for destroyed buildings.

Whenever there shall be plans in existence, surveyed and approved by either the state department of highways and transportation or by the town council, upon recommendation of the commission, may require additional front, side or rear yard setbacks for any new construction or for any structures altered or remodeled adjacent to the future planned right-of-way in order to preserve and protect the right-of-way for such proposed street or highway widening.

(Zoning Ord. 2003, § 18.1-805)

An industrial use shall be permanently screened from all adjoining residential districts by a wall, fence, evergreen hedge and/or other suitable enclosure of minimum height of seven feet at the original elevation of the property line.

(Zoning Ord. 2003, § 18.1-707.1.03)

No shrubs, plants, hedges, fence, wall marquee, or other obstruction, except vehicles lawfully parked, located on the real estate owned by any landowner or occupied by any tenant, shall obscure the vision of operators of motor vehicles utilizing an intersection. None of the above obstructions, obscuring vision, shall exceed 2½ feet in height above the extended plane of the nearest edge of the hard surface or gravel surface, of the street or road nearest to the obstruction at the intersection of a street, road, or railroad line.

(Zoning Ord. 2003, § 18.1-604)

The minimum distance between buildings shall be as required by the uniform statewide building code.

(Zoning Ord. 2003, § 18.1-605)

(a)

Intent. Special requirements are designed for accessory and temporary buildings to ensure ample access for emergency vehicles, maintain the effectiveness of rear and side yard requirements and ensure accessory structures remain secondary in function to the main building.

(b)

Accessory buildings. The location of accessory buildings and uses in residential districts must meet the following restrictions:

(1)

Where an accessory building is attached to the main building, a substantial part of one wall of the accessory building shall be an integral part of the main building or such accessory building shall be attached to the main building in a substantial manner by a roof, and therefore such attached accessory building shall comply in all respects with the requirements applicable to the main building.

(2)

A detached accessory building shall not be closer than 15 feet to the main building or rear lot line. Accessory building shall not be closer to a lot line than the setback line for side yards for the district in which the lot is located. Additionally, no building housing livestock shall be placed within 200 feet of a lot line located within or abutting any residential or business district.

(3)

A detached accessory building, not more than two stories in height, may be constructed on not more than 30 percent of the rear yard.

(4)

No detached accessory building may be located in the front yard of a lot.

(5)

Radio and television antennas, satellite dishes with a dish area larger than four square feet, solar panels, windmills and similar accessory uses shall be permitted as accessory uses, provided they conform to all appropriate yard and height requirements for the district in which the lot is located. The installation of a satellite dish antenna shall be permitted in accordance with the uniform statewide building code.

(c)

Temporary buildings. Temporary buildings may be permitted in any district when used in conjunction with the construction work only but shall be removed immediately upon completion of construction.

(Zoning Ord. 2003, § 18.1-901)

(a)

Intent. Special requirements are imposed on automobile service stations because of the potential dangers and nuisances caused by high traffic volume, repair of machinery and flammable products.

(b)

Location. The building and service area (to include all automotive maintenance, cleaning and pumping of gasoline) shall not be within 100 feet of any residential lot or any property containing a school, public playground, church, hospital, public library or institution for children or dependents.

(c)

Site requirements. An automobile service station shall have a minimum frontage of 120 feet and minimum area of 12,000 square feet. All buildings shall be set back 40 feet from the right-of-way line of any road or street right-of-way lines. All canopies shall be set back 25 feet from all road or street right-of-way lines.

(d)

Access to site. All ingress and egress to and from public streets and alleys at the automobile service station shall meet the specifications of Code of Virginia, § 33.2-241, as amended, and the minimum standards of entrances to state highways and be approved by the resident engineer prior to the approval of the site plan.

(e)

Gasoline pump islands. All gasoline pump islands shall be set back at least 25 feet from the road or street right-of-way line. Where pump islands are constructed perpendicular to the right-of-way line, the pump island shall be set back at least 30 feet from the road or street right-of-way line.

(f)

Off-street parking. A minimum of four off-street parking spaces are required with an additional off-street parking space for each automobile service bay.

(g)

Other site improvements. In addition to the above requirements, the following additional site improvements shall be required:

(1)

Exterior lighting shall be arranged so that it is deflected away from adjacent properties.

(2)

All drives, parking, traffic and storage and service areas shall be surface treated, blacktop or concrete.

(Zoning Ord. 2003, § 18.1-902)

(a)

Intent. It is recognized that home occupations provide valuable services while providing income for town residents. The regulations in this section seek to prevent conflict of the home occupation with the surrounding residential areas and to ensure that the home occupation maintains a secondary posture to the main residential use.

(b)

General requirements. Home occupations meeting the following general requirements shall be allowed as accessory uses in all residences:

(1)

The operator must be the owner of the property on which the home occupation is to be located or must have written approval of the owner of the property if the applicant is a tenant.

(2)

The home occupation shall be operated only by the members of the family residing on the premises and no article or service shall be sold nor offered for sale except as may be made by members of the immediate family residing on the premises.

(3)

The home occupation shall not generate excessive traffic nor produce obnoxious odors, glare, noise, vibration, electrical disturbance, radio activity or other conditions detrimental to the character of the surrounding area.

(c)

Special requirements.

(1)

The home occupation within the main building shall not occupy more than 25 percent, or 500 square feet, whichever is smaller, of the floor area within the main building.

(2)

A home occupation may be located in an accessory building to the main dwelling that is no larger than one-third area size of the main dwelling, located in the rear yard, and meeting all requirements in section 24-472.

(d)

Expiration. A zoning certificate for home occupations shall expire under the following conditions:

(1)

Whenever the operator ceases to occupy the premises for which the home occupation certificate was issued, and no subsequent occupant of such premises shall engage in any home occupation until he shall have been issued a new certificate after proper application.

(2)

Whenever the holder of such a certificate fails to exercise the same for any period of 12 consecutive months.

(Zoning Ord. 2003, § 18.1-905)

All multifamily, herein defined as three or more dwelling units contained in one building, shall meet the following special requirements. These requirements shall apply to any structure of similar use, physical structure and character, regardless of the type of ownership.

(1)

Multifamily development utilities and streets. All multifamily developments shall meet the following minimum requirements for utilities and streets:

a.

All units shall be connected to water and sewage systems that are constructed in accordance with the specifications of the town council after recommendation by the town planning commission and taking into consideration the requirements of the state health department, the statewide building code, and health, safety, and welfare of the citizens of the town.

b.

All units shall have such fire protection systems and fixtures constructed in accordance with the specifications of town council, after recommendation of the town planning commission, upon taking into consideration the requirements of the statewide building code and the health, safety, and welfare of the citizens of the town.

c.

All road entrances shall be constructed in accordance with state department of transportation standards, except that the planning commission shall have the authority to relieve specific requirements for any good cause which shall not involve cost considerations.

(2)

Amenities. All multifamily developments shall meet the following minimum requirements for open space, recreation and other amenities:

a.

Open space areas, excluding those portions of the multifamily development occupied by multifamily dwellings, accessory buildings, driveways, or parking areas, and including outdoor recreation areas, shall meet the following requirements:

1.

Provision shall be made for common open space such that one percent of the gross area of the site shall be devoted to common open space for each dwelling unit per acre of density. For example, if the density of the development is eight units per acre, at least eight percent of the development shall be devoted to common open space. Common open space shall not include areas included in minimum yard area requirements; however, no common open space shall be required in the CBD Central Business District.

2.

In multifamily developments of over 150 units in size, provision shall be made for adequate supervision of recreational areas.

3.

Tot lots and swimming areas shall be adequately enclosed, and all recreational areas shall be located away from the concentrations of vehicular traffic.

b.

Fencing or vegetative screening shall be provided to a height of six feet and of such a density that no part of the development shall be visible to a casual observer on any side of the development abutting any yard of a residential or nonresidential structure, provided that where natural features such as topography or natural vegetation are preserved and prevent the development from being casually visible from adjoining properties, the board of appeals may waive requirements for screening. Fencing where required shall be maintained in a safe condition, shall be painted, and shall be kept in good repair.

c.

Paved common walks of a width of at least five feet shall be provided on at least one side of all streets, and wherever concentrations of pedestrian traffic can be expected, as between recreational facilities, walks may be incorporated into the street curb. Walk grades shall not exceed ten percent; lights shall be provided sufficiently to illuminate steps.

(Zoning Ord. 2003, § 18.1-906)

(a)

Intent. Large developments can strain town resources and negatively impact adjacent areas and are therefore subject to special review. Areas of special concern include traffic impact, water and sewer service, fire protection, generation of noise, and aesthetics.

(b)

Applicability. For the purposes of this section, the term "large-scale development" means a building or group of buildings under one ownership or control and containing more than 60,000 square feet of floor area, regardless of use, in agricultural, residential and commercial districts. Large-scale developments are subject to the issuance of a special use permit in the following districts:

(1)

A-1 Agricultural District.

(2)

R-1 Limited Residential District.

(3)

R-2 General Residential District.

(4)

T-1 Transitional Use Zone District.

(5)

R-3 High Density Residential District.

(6)

R-4 Manufactured Home District.

(7)

B-1 Light Commercial District.

(8)

CBD Central Business District.

(9)

B-2 General Commercial District.

(c)

Building and construction setback. All buildings in a large-scale development shall have minimum setback of 75 feet from the right-of-way of arterial highways, such as U.S. 60 and U.S. 29. All buildings will have a setback of 25 feet from other street right-of-way lines, or property lines, unless adjacent to a residential district, then the setback shall be 75 feet.

(d)

Screening and landscaping.

(1)

A large-scale development shall be permanently screened from adjacent residential areas by a wall, fence, evergreen hedge and/or other suitable enclosure of minimum height of seven feet at the original elevation of the property line. A landscaped area at least ten feet in depth, exclusive of sidewalks, must be provided along street frontage and must be located between the curbline and a line parallel to and 20 feet inside the property line; other landscaping and/or screening may be required.

(2)

All mechanical equipment, including mechanical equipment mounted on a roof, shall be screened.

(Zoning Ord. 2003, § 18.1-909)

(a)

Minimum lot area, lot width and yard requirements. Townhouse lots for sale shall adhere to the following minimum requirements:

(1)

Lot area: Each townhouse shall be located on a lot of not less than 1,200 square feet in area. However, there shall be no special yard requirement for townhouse lots in the Central Business District CBD.

(2)

Unit width: A minimum width of 16 feet per lot shall be maintained.

(3)

Front yard: There shall be a minimum ten-foot front yard (area between front door and front of lot, or parking area, or other common area).

(4)

Side yard: There shall be a side yard of not less than 16 feet in width at each end of a group of units (not to be shared between units).

(5)

Rear yard: There shall be a rear yard with a depth of not less than 25 feet for each unit (not to be shared between units).

(b)

Development perimeter yard requirements. Each townhouse development shall have a perimeter yard on the rear and side property lines of the total site equal to at least 25 feet except where the development is within or abuts an R-1 or R-2 Residential District, in which case the perimeter yard shall be at least 50 feet. The required development perimeter yard may include the side and rear yards required for each townhouse. The required front yard for the zoning district in which the development is located shall apply for the townhouse development along the front property line of the total site which may include the required front yard for each townhouse.

(c)

Height restrictions. Height shall be no more than 40 feet measured from the average level of the ground adjacent to the front exterior wall.

(d)

Maximum lot coverage. The maximum lot coverage for interior townhouse lots for sale shall be 50 percent and for end and/or corner lots shall be 40 percent.

(e)

Common areas. Each townhouse development shall provide at least ten percent of the development site for areas of common use which includes such uses as parking, walkways, streets not dedicated to the state department of transportation, recreation facilities, picnic areas, refuse collection, utility easements, and similar activities. The following minimum requirements for common areas shall be adhered to:

(1)

Off-street parking shall meet the requirements set forth in division 2 of article VIII of this chapter and section 24-539. Required parking spaces shall be provided within the perimeter of the townhouse development and no farther than 200 feet from the facilities served. Off-street parking shall be designed to produce the minimum possible interference with pedestrian circulation within the townhouse development.

(2)

Tot lots and swimming areas shall be adequately enclosed, and all recreational areas shall be located away from the concentrations of vehicular traffic.

(3)

Fencing or vegetative screening shall be provided to a height of six feet and of such a density that no part of the development shall be visible to a casual observer on any side of the development abutting any yard of a residential or nonresidential structure, provided that, where natural features such as topography or natural vegetation are preserved and prevent the development from being casually visible from adjoining properties, the board of appeals may waive requirements for screening. Fencing, where required, shall be maintained in a safe condition, shall be painted, and shall be kept in good repair.

(4)

Paved common walks of a width of at least five feet shall be provided from each dwelling unit to common areas within the townhouse development, and wherever concentrations of pedestrian traffic can be expected, as between recreational facilities, walks may be incorporated into the street curb. Walk grades shall not exceed ten percent; lights shall be provided sufficiently to illuminate steps.

(f)

Preservation and maintenance of common areas. All common areas shall be preserved for their intended purpose as expressed in the approved subdivision plat. The preservation and maintenance of all common areas within the townhouse development shall be in accordance with the following requirements:

(1)

All deeds shall include appropriate restrictions to ensure that common areas are permanently preserved according to the subdivision plat. The deed restrictions shall run with the land and be for the benefit of present as well as future property owners and shall contain a prohibition against partition.

(2)

All common areas shall be specifically included in the development schedule and be constructed and fully improved by the developer.

(3)

All common areas shall be placed in the ownership and control of a nonprofit association capable of providing adequate maintenance.

(4)

The developer shall establish a nonprofit association, corporation, trust or foundation of all individuals or corporations owning property within the townhouse development to ensure the maintenance of common areas. Said organization shall conform to the following requirements:

a.

The developer must establish the organization prior to the sale of any lot or property and shall relinquish control of said organization when voted upon by the membership of the organization.

b.

Membership in the organization shall be mandatory for all property owners, present and future, within the townhouse development and said organization shall not discriminate in its members or shareholders.

c.

The organization shall manage all common areas within the townhouse development, shall provide for the maintenance, administration and operation of said land improvements and shall secure adequate liability insurance on the common areas.

d.

The organization shall conform to the Condominium Act, Code of Virginia, § 55.1-1900 et seq.

(g)

Streets and utilities. All streets and utilities within the townhouse development shall meet the following requirements:

(1)

The traffic circulation pattern, the street dimensions, curbs and gutters, if provided, and curb cuts shall meet the specifications of the state department of transportation and Code of Virginia §§ 33.2-240 and 33.2-241, and the minimum standards of the entrances to state highways and be approved by the resident engineer prior to the approval of the site plan.

(2)

All dwelling units shall be connected to the town water and sewerage systems.

(3)

The site storm drainage system shall drain to any existing natural drainage system. On-site retention of stormwaters is encouraged, provided that it is in compliance with requirements of the sediment basin design standards of the Erosion and Sediment Control Handbook. All storm drainage facilities shall meet the requirements of the health department.

(4)

All utilities shall be underground.

(h)

Subdivision plat and site plan requirements. In addition to the subdivision plat requirements herein, the submittal of the subdivision plat that includes townhouses lots shall be accompanied by a special site plan for the townhouse development only as provided for article XI of this chapter.

(Zoning Ord. 2003, § 18.1-912)

(a)

Intent. The town recognizes that the operation of large-scale confined animal feeding facilities can have a substantial adverse impact on the quality of life for property owners in nearby areas thereby requiring standards and guidelines for their siting and operation. It is the intent of this section to promote economic development and to preserve farmland by providing for the continued security of the town's rural residential/agricultural environs by encouraging limited, orderly and responsible growth of livestock, dairy and poultry industry.

(b)

Definitions. The following words, terms and phrases, when used in this subsection, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Animal unit means a unit of measurement for any animal feeding operation calculated by adding the following numbers: the number of slaughter and feeder cattle multiplied by 1.0, plus the number of mature dairy cattle multiplied by 1.4, plus the number of swine weighing over 25 kilograms (approximately 55 pounds) multiplied by 0.4, plus the number of sheep multiplied by 0.1, (9VAC25-31-10 of the Virginia Administrative Code) or 1,000 pounds of live weight of any other given livestock species or any combination of other livestock species (7 CFR 1466.3).

Confined livestock facility means a livestock facility that stables, confines, feeds, or maintains animals for a total of 45 days or more in any 12-month period and does not sustain crops, vegetation, forage growth, or post-harvest residues within the confined area in the normal growing season over any portion of the confinement facility (7 CFR 1466.3).

(c)

Uses allowed subject to special use approval.

(1)

Residential, mixed use or industrial districts. Confined livestock facilities of more than 50 animal units or keeping of more than two animal units per acre shall not be permitted in any residential, mixed use or industrial district.

(2)

Agricultural districts. Confined livestock facilities with more than 100 animals regardless of sex, age or weight or more than 50 animal units or keeping more than two animal units per acre in all agricultural districts are subject to special use approval. In no event shall any one confined livestock operation be permitted to have more than 299 animal units in any agricultural district.

(d)

Application requirements for confined livestock facilities. All applications for a special use approval in connection with a confined livestock facility shall include the following:

(1)

Other approvals. The applicant shall provide certifications that all required state and federal permits and approvals have been granted along with the request for approval of the confined livestock facility. Such certifications shall include a nutrient management plan issued by the state department of conservation and recreation or other appropriate agency. If off-site disposal is part of the nutrient management plan, the applicant shall provide written documentation of an agreement with the receiver of the wastes produced at the confined livestock facility. Such documentation shall specify the duration of the agreement and the nature of the application or use of the wastes.

(2)

Documentation. The applicant shall supply a site plan and other materials, as deemed appropriate by the zoning administrator, to document the proposed facilities. The applicant shall supply a survey, prepared by a land surveyor or engineer licensed by the commonwealth, of the entire parcel of land upon which the confined livestock facility is proposed to be situated. The survey shall show that the proposed confined livestock facility meets all applicable separation requirements by showing the direction and distance to the nearest applicable feature.

(3)

Well data. The applicant shall supply baseline well water data from all adjoining property owners with a water supply well. In the event an adjoining owner refuses permission for a well water test, the applicant shall provide a documentary record of its request to perform the test and the property owner's refusal to grant permission. The applicant shall submit with the data a correlated list of the names and addresses of the adjoining property owners and a map noting tested well locations. At a minimum, the well testing shall address the following:

(4)

Applicant. The applicant for all permits must be a resident of the town and the property owner.

(5)

Fees. Any costs associated with review of the application by the town by an engineer of any of the above-required information shall be paid by the applicant.

(e)

Separation requirements for confined livestock facilities. All structures and wastewater treatment facilities associated with confined livestock facilities shall meet the following minimum separation distances in addition to all setback and yard requirements found elsewhere in this chapter:

(1)

1,500 feet from any house not located on the property owned by the applicant.

(2)

1,000 feet from a residential zoning district.

(3)

2,500 feet from a public place such as a college, school, courthouse, library or church.

(4)

1,000 feet from a perennial stream as indicated on the 7.5-minute USGS topographic survey maps.

(5)

1,000 feet from a state-maintained road and not visible from a state-maintained road.

(f)

Required findings for confined livestock facilities. Prior to approving any application for a special use approval which would allow a confined livestock facility, the town council shall be satisfied that the odors generated by the proposed facilities will not be objectionable to any resident or business operator located either inside or outside the corporate limits of the town.

(Zoning Ord. 2003, § 18.1-916)

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Adult bookstore means an establishment having a substantial or significant portion of its stock-in-trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or related to specified sexual activities or specified anatomical areas, or an establishment with a segment or section devoted to the sale or display of such material.

Adult entertainment establishment means any regulated use such as an adult bookstore, adult motion picture theater, cabaret, massage parlor, drug paraphernalia store, adult video tape stores, strip lounges.

Adult motion picture theater means an enclosed building with a capacity of one to more than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to specified sexual activities or specified anatomical areas for observation by patrons.

Drug paraphernalia store means any retail store selling paraphernalia commonly related to the use of any drug or narcotic of which the sale, use or possession of is subject to the provisions of the Drug Control Act (Code of Virginia, § 54.1-3400 et seq.), including, but not limited to, water pipes, pipe screens, hashish pipes, roach clips, coke spoons, bongs, and marijuana cigarette rolling paper.

Massage parlor means any place where manipulation of body tissues for any purpose is conducted and the owners and employees are not a physician, chiropractor, osteopath, naturopath or physical therapist duly licensed by the commonwealth, nor a massage therapist certified by the state board of nursing.

Specified anatomical areas means areas which include less than completely and opaquely covered human genitals, pubic region, buttocks, female breasts below a point immediately above the top of the areola, and human male genitals in a discernible turgid state, even if completely and opaquely covered.

Specified sexual activities means activities which include human genitals in a state of sexual stimulation or arousal, acts of human masturbation, sexual intercourse or sodomy, and fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.

Strip lounge means an adult club, lounge, restaurant, or similar place which features topless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers exhibiting specified anatomical areas or performing specified sexual activities.

(b)

Standards. Any adult entertainment establishment, including adult bookstores, adult motion picture theaters, stores selling sex implements, and/or selling or renting pornographic movies with a rating more restrictive than "R", clubs, bars, lounges and the like where dancers perform nude or partially nude resulting in the display of specified anatomical areas, massage parlors, drug paraphernalia stores, and the like shall be subject to the following standards:

(1)

No adult entertainment establishments shall be permitted:

a.

Within two miles of any other existing adult entertainment establishment; and

b.

Within 1,000 feet of any existing residential use or residentially zoned district, or any of the following uses:

1.

Churches, monasteries, chapels, synagogues or convents;

2.

Public and private schools, up to and including the 12th grade, and their adjunct play areas, and colleges;

3.

Public playgrounds, community swimming pools, public parks and public libraries.

For the purpose of spacing, distances shall be measured from all property lines of any parcel or district.

(2)

Signs and other visible messages.

a.

Signs.

1.

Sign messages shall be limited to verbal description of material or services available on the premises.

2.

Sign messages may not include any graphic or pictorial depiction of material or services available on the premises.

3.

Sign shall meet all additional requirements contained in this chapter.

b.

Other visible messages. Messages which are visible or intended to be visible from outside the property (such as on or within doors or windows) shall not display materials, items, publications, pictures, films, or printed material available on the premises; or pictures, films, or live presentations of persons performing or services offered on the premises.

(Zoning Ord. 2003, § 18.1-918)

Manufactured houses that are on a permanent foundation and on individual lots are permitted in the A-1 district.

State Law reference— Mandatory provisions, Code of Virginia, § 15.2-2290(A).

(a)

A residential facility in which no more than eight individuals with mental illness, intellectual disability, or developmental disabilities reside, with one or more resident or nonresident staff persons, shall be considered as residential occupancy by a single family. For the purposes of this subsection, mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in Code of Virginia, § 54.1-3401. No conditions more restrictive than those imposed on residences occupied by persons related by blood, marriage, or adoption shall be imposed on such facility. For purposes of this subsection, the term "residential facility" means any group home or other residential facility for which the state department of behavioral health and developmental services is the licensing authority.

(b)

A residential facility in which no more than eight aged, infirmed or disabled persons reside, with one or more resident counselors or other staff persons, shall be considered as residential occupancy by a single family. No conditions more restrictive than those imposed on residences occupied by persons related by blood, marriage, or adoption shall be imposed on such facility. For purposes of this subsection, the term "residential facility" means any assisted living facility or residential facility in which aged, infirm or disabled persons reside with one or more resident counselors or other staff persons and for which the state department of social services is the licensing authority.

State Law reference— Similar provisions, Code of Virginia, § 15.2-2291.

A family day home, as defined in Code of Virginia, § 22.1-289.02, serving one through four children, exclusive of the provider's own children and any children who reside in the home, shall be considered as residential occupancy by a single family. No conditions more restrictive than those imposed on residences occupied by persons related by blood, marriage, or adoption shall be imposed upon such a home. Nothing in this section shall apply to any county or city which is subject to Code of Virginia § 15.2-741 or 15.2-914.

State Law reference— Similar provisions, Code of Virginia, § 15.2-2292(A).

(a)

Temporary family health care structures for use by a caregiver in providing care for a mentally or physically impaired person and on property owned or occupied by the caregiver as his residence shall be considered a permitted accessory use in any single-family residential zoning district on lots zoned for single-family detached dwellings. Such structures shall not require a special use permit or be subjected to any other local requirements beyond those imposed upon other authorized accessory structures, except as otherwise provided in this section. Such structures shall comply with all setback requirements that apply to the primary structure and with any maximum floor area ratio limitations that may apply to the primary structure. Only one family health care structure shall be allowed on a lot or parcel of land.

(b)

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Caregiver means an adult who provides care for a mentally or physically impaired person within the commonwealth. A caregiver shall be either related by blood, marriage, or adoption to or the legally appointed guardian of the mentally or physically impaired person for whom he is caring.

Mentally orphysically impaired person means a person who is a resident of the state and who requires assistance with two or more activities of daily living, as defined in Code of Virginia, § 63.2-2200, as certified in a writing provided by a physician licensed by the Commonwealth.

Temporary family health care structure means a transportable residential structure, providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person, that is primarily assembled at a location other than its site of installation; is limited to one occupant who shall be the mentally or physically impaired person or, in the case of a married couple, two occupants, one of whom is a mentally or physically impaired person, and the other requires assistance with one or more activities of daily living as defined in Code of Virginia, § 63.2-2200, as certified in writing by a physician licensed in the Commonwealth; has no more than 300 gross square feet; and complies with applicable provisions of the Industrialized Building Safety Law (Code of Virginia, § 6-70 et seq.) and the Uniform Statewide Building Code (Code of Virginia, § 36-97 et seq.). Placing the temporary family health care structure on a permanent foundation shall not be required or permitted.

(c)

Any person proposing to install a temporary family health care structure shall first obtain a permit from the town council, for which the town may charge a fee. The town may not withhold such permit if the applicant provides sufficient proof of compliance with this section. The applicant shall provide evidence of compliance with this section on an annual basis as long as the temporary family health care structure remains on the property. Such evidence may involve the inspection by the town of the temporary family health care structure at reasonable times convenient to the caregiver, not limited to any annual compliance confirmation.

(d)

Any temporary family health care structure installed pursuant to this section may be required to connect to any water, sewer, and electric utilities that are serving the primary residence on the property and shall comply with all applicable requirements of the state department of health.

(e)

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.

(f)

Any temporary family health care structure installed pursuant to this section shall be removed within 60 days of the date on which the temporary family health care structure was last occupied by a mentally or physically impaired person receiving services or in need of the assistance provided for in this section.

(g)

The town council, or the zoning administrator on its behalf, may revoke the permit granted pursuant to subsection (c) of this section if the permit holder violates any provision of this section. Additionally, the town council may seek injunctive relief or other appropriate actions or proceedings in the circuit court of that locality to ensure compliance with this section. The zoning administrator is vested with all necessary authority on behalf of the town council to ensure compliance with this section.

State Law reference— Similar provisions, Code of Virginia, § 15.2-2292.1.

All lighting facilities shall be arranged so that light is directed downward, and not horizontally or at adjacent properties, with special care to as to not negatively impact residential areas.

(Zoning Ord. 2003, § 18.1-921)

Short-term rentals are allowed as a special use permit in multiple districts. Where allowed by SUP, the process includes an additional application and management plan that addresses key components of short-term rentals.

(1)

Short-term rentals require a short-term rental application.

(2)

All applications must include an annual management plan which shall be updated annually upon the registration date. The registration fee is set annually with the adopted budget and other fees.

(3)

Short-term rentals require posting of rules on the premises for guests to include notice of property lines with available property to be used with the rental, no parking on the street, and only within designated parking areas, and quiet hours.

(Ord. No. 240410C, 4-10-2024)

(a)

Every use or building instituted, constructed, erected, enlarged or structurally altered shall provide off-street parking and loading facilities in accordance with the provisions of this article.

(b)

Such off-street parking and loading facilities shall be maintained as approved and continued as long as the main use is continued.

(c)

No owner or operator of any structure affected by this article shall discontinue, change or dispense with the required parking and loading facilities without establishing alternative vehicular parking and loading facilities which meet the requirements of this article.

(d)

No person shall utilize any building or use any parcel of land without providing the off-street parking and loading facilities as required by this article, except when a building or use is legally nonconforming as to required parking.

(e)

When a permitted use is legally nonconforming as to required parking, and said use is enlarged, additional parking shall be required only on the basis of the enlargement of the permitted use. The additional parking shall meet all applicable requirements of this article.

(f)

In lieu of compliance with the regular parking regulations contained in this article, property owners may submit a parking master plan for approval as a special use permit.

(Zoning Ord. 2003, § 18.1-602.01)

The off-street parking facilities required by this article shall be located on the same lot or parcel of land that they are intended to serve. Where practical difficulties prevent such location or where the public safety or the public convenience would be better served by an alternate location, the planning commission may authorize the alternate or cooperative location as a part of a site plan approval. Any authorization shall be subject to the following:

(1)

An alternate location provides parking only for the use in question.

(2)

A cooperative location provides parking for two or more uses and shall have combined parking spaces equal to the sum required for the separate uses.

(3)

Such parking spaces shall be conveniently and safely accessible to pedestrians.

(4)

All such parking spaces shall be on property zoned properly for the use or uses which require the parking spaces.

(5)

The right to use such property for parking shall be established by deed, easement, lease or similar recorded covenant or agreement; shall be approved as to form and content by the town attorney; shall be recorded in the clerk's office of the circuit court of the county so as to ensure the availability of such spaces for a minimum time period of at least five years.

(6)

Should such off-street parking spaces become unavailable for use at some future time, an equal number of parking spaces shall be constructed and provided on either the primary site or by another off-site arrangement meeting the requirements of this chapter. Failure to provide or construct such replacement parking spaces within 90 days from the date on which the use of the previously available off-street spaces was terminated shall be a violation of this chapter.

(7)

For churches and other permanent buildings used for religious worship, alternate or cooperative parking agreements may be approved that do not provide exclusive parking rights, provided that such agreement provides adequate parking at appropriate times to meet the parking needs of the church or other permanent building used for religious worship.

(Zoning Ord. 2003, § 18.1-602.02)

(a)

Parallel spaces shall have minimum dimensions of eight feet by 22 feet.

(b)

All other parking spaces shall have minimum dimensions of nine feet by 18 feet, except as follows:

(1)

Spaces in a parking garage shall have minimum dimensions of 8½ feet by 18 feet.

(2)

The planning commission, as a part of the site plan review process, may approve spaces with minimum dimensions of 8½ feet by 18 feet for vehicle storage lots for automobile dealers, overflow parking areas and other low turnover parking facilities.

(c)

Overhang over landscape areas shall not be counted toward the minimum dimensions stated above.

(Zoning Ord. 2003, § 18.1-602.03)

Every parking space shall afford satisfactory ingress and egress for a motor vehicle without requiring another motor vehicle to be moved, except for parking spaces for single-family detached, duplex and townhouse dwellings where the parking spaces are located on the same lot as the dwelling unit.

(Zoning Ord. 2003, § 18.1-602.04)

(a)

Parking spaces and driveways for single-family dwelling units shall be constructed of gravel, compacted stone, concrete, asphalt, brick or paving stones.

(b)

Parking spaces and driveways for other than single-family dwelling units shall be constructed of concrete, asphalt, brick or paving stones.

(Zoning Ord. 2003, § 18.1-602.04.1)

In calculating the number of required parking spaces, the following rules shall govern:

(1)

The term "floor area" means the gross floor area of the specific use, measured from the exterior faces of exterior walls or from the centerline of walls separating two attached buildings. Unless otherwise specified, the term "floor area" shall include associated corridors, utility rooms and storage space.

(2)

When the units of measurements determining the number of required parking spaces results in the requirement of a fractional space, any fraction less than one-half shall be disregarded, and fractions of one-half or over one-half shall require one additional parking space.

(3)

The parking space requirement for a use not specifically mentioned shall be the same as required for a use of similar nature, as determined by the zoning administrator.

(4)

In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.

(Zoning Ord. 2003, § 18.1-602.05)

The off-street parking required by this article shall be provided and maintained on the basis of the following table, except as otherwise provided in this article:

(Zoning Ord. 2003, § 18.1-602.06)

(a)

In lieu of compliance with the regular parking regulations contained in this section, property owners may submit a parking master plan. The master plan shall be considered by the planning commission who shall have the authority to adjust the number of parking spaces required for a development if such is properly justified by the property owner.

(b)

The parking master plan shall be prepared by a qualified professional traffic consultant and, in addition to the normal special use permit criteria, shall address the following:

(1)

Anticipated average and peak demand and how this is addressed by the parking master plan.

(2)

Location of existing and proposed parking lots.

(3)

Location of existing and proposed on-street parking.

(4)

Pedestrian circulation.

(5)

Mass transit facilities provided.

The planning commission may, at its discretion and at the applicant's expense, employ a qualified professional traffic consultant to evaluate the parking master plan, and to make recommendations as to what, if any, modifications should be made to the plan.

(c)

The parking plan shall include an area map at a scale of not less than one inch equals 100 feet, showing the location of:

(1)

Major traffic generators.

(2)

Existing and proposed parking lots, including number and size of spaces and any existing or proposed limitation on use of the parking lots.

(3)

Existing and proposed on-street parking.

(4)

Pedestrian circulation system.

(5)

Mass transit circulation system.

(6)

Geographic area to be served by the parking master plan.

(d)

The parking master plan shall include a written description of all uses to be served by the plan, a table listing the floor areas devoted to the various types of uses, and a comparison of the parking plan with the parking normally required by this article.

(e)

The master parking plan, when approved, shall be valid only for the types of uses specifically listed in the approved plan. Any changes in types of uses, or modification of parking provided, shall require reapproval. However, minor changes may be approved by the zoning administrator or, at his option, referred to the planning commission for consideration at a regular meeting. A change shall be considered minor if it:

(1)

Does not change the general character of the approved master parking plan.

(2)

Does not reduce the number of parking spaces provided.

(3)

Does not increase the floor areas devoted to the various types of uses as specified in the approved master parking plan.

(4)

Does not adversely affect the development or use of adjacent properties and surrounding neighborhoods.

(Zoning Ord. 2003, § 18.1-602.07)

(a)

Consistent with the purpose of this chapter, the town council and planning commission desire to preserve and enhance downtown Amherst. As such, the role of downtown Amherst, as a desired location for community activities and local businesses, will be encouraged.

(b)

To encourage the use of older buildings in the downtown area, no off-street parking will be required in the case of a change in use of a building that is more than 30 years old and in the CBD Central Business District. However, this relief shall not apply when calculating the parking required for any new building footprint.

(Zoning Ord. 2003, § 18.1-602.08)

Off-street loading and unloading spaces shall be provided as hereinafter required by this chapter.

(1)

Spaces designated for off-street loading shall not be counted toward the required number of off-street parking spaces.

(2)

Off-street loading spaces shall be located so that there is sufficient room for the turning and maneuvering of vehicles using said spaces.

(3)

Access to off-street loading spaces shall not be across required off-street parking spaces.

(Zoning Ord. 2003, § 18.1-603)

Each off-street loading space shall have minimum dimensions of 14 feet in height, 12 feet in width, and 50 feet in length. However, upon sufficient demonstration that a particular loading space will be used exclusively by shorter trucks, the zoning administrator may reduce the minimum length accordingly to as little as 25 feet.

(Zoning Ord. 2003, § 18.1-603.01)

Each required off-street loading space shall have direct access to a street or alley or have a driveway which offers satisfactory ingress and egress for trucks and which shall meet the requirements of Code of Virginia § 33.1-198, as amended, and the minimum standards of entrances to state highways and be approved by the resident engineer prior to the final approval of the site plan.

(Zoning Ord. 2003, § 18.1-603.02)

There shall be provided for each hospital, hotel, commercial, or industrial building, or similar use requiring the receipt or distribution of materials or merchandise and having a floor area of more than 10,000 square feet, at least one off-street loading space for each 25,000 square feet of floor space or fraction thereof, but not less than two. Such space shall be so located as not to hinder the free movement of pedestrians and vehicles over a sidewalk, street or alley.

(Zoning Ord. 2003, § 18.1-603.03)

There shall be provided for each hospital, hotel, commercial, or industrial building requiring receipt or distribution of materials or merchandise and having a floor area of less than 10,000 square feet sufficient off-street loading space (not necessarily a full space if shared by an adjacent establishment) so located as not to hinder the free movement of pedestrians and vehicles over a sidewalk, street or alley.

(Zoning Ord. 2003, § 18.1-603.04)

There shall be provided sufficient space to accommodate the maximum number of buses or trucks to be stored or to be loaded at the terminal at any one time.

(Zoning Ord. 2003, § 18.1-603.05)

All required off-street loading spaces shall be located on the same lot as the building which they are intended to serve, or on an adjacent lot when shared with the use occupying an adjacent lot.

(Zoning Ord. 2003, § 18.1-603.06)

Area reserved for off-street loading in accordance with the requirements of this article shall not be reduced in area or changed to any other use unless the use which is served is discontinued or modified, except where equivalent loading space is provided and is approved by the zoning administrator.

(Zoning Ord. 2003, § 18.1-603.07)