After May 4, 1978, all structures and uses shall be established on lots so that the lot fronts on an existing street or on an improved right-of-way to the town's specifications.

Through ATC Section 17-37 Town Council may grant an exception for newly created lots for cottage courts zoned RIn and industrial parks zoned M-1 or M-2.

Town Council may grant an exception to the requirement for lot frontage on an existing street or on an improved right-of-way, per ATC Section 21-251, if the following requirements have been met:

1. The granting of the exception will not be detrimental to the public safety, health or welfare or injurious or detrimental to other property; and
   
2. Because (of) the particular physical surroundings, shape or topographical conditions of the specific property involved, a unique hardship exists that is not shared by surrounding properties; and
   
3. The property is not adjacent to a proposed roadway as shown in the Town Transportation Plan, or proposed roadway in an adjacent site development plan; and
   
4. Access to site must be located in a private deeded easement and connect to an existing public roadway; and
   
5. Access shall be limited to only one (1) residential unit.
   In granting this exception, the Town Council may recommend such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of this chapter.Recommended conditions include:
   1. If public water is available, location of the proposed residential structure shall be within 1,000 feet of an existing fire hydrant.
      
   2. Establish easily identifiable entrances with street address numbers.
      
   3. Driveway width of 14 feet for access of fire and emergency vehicles.
      
   4. Construction of access drive will meet engineering requirements with respect to matters of land clearing, erosion and sediment control, wetlands, or other regulatory matters as determined by the Director of Public Works.
      
   5. Adequate easements shall be provided for all utilities as deemed necessary by the reviewing agency.
      

A petition for any exception shall be submitted in writing to the zoning administrator. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.

1. Certain architectural features. Sills, belt courses, bay windows, cornices, eaves, roof overhangs, chimneys, pilasters and similar architectural features of a building may project into required yards not more than two (2) feet.
   
2. Uncovered decks, patios, steps, and landings. Uncovered decks, patios, steps, landings, and other similar building features may project into required yards, provided that such features do not exceed a height of thirty (30) inches above the adjacent natural ground level, except for railings, and provided that no such feature shall extend into a required yard more than one-half (1/2) the required yard depth or width. Covered building projections, and projections exceeding thirty (30) inches in height shall be subject to all yard requirements unless specifically exempted by this section.
   
3. Unenclosed porches. Unenclosed porches as defined in ATC chapter 21, article I may project into required front yards a distance of not more than ten (10) feet.
   
4. Unenclosed carports. Unenclosed carports as defined in ATC chapter 21, article I may project into required side yards a distance of not more than five (5) feet.
   
5. Fire escapes. Unenclosed, except for lattice, and uncovered fire escapes may project into required side and rear yards a distance of not more than five (5) feet.

1. Purpose. The purpose of this provision is to prohibit the planting of shrubbery or low trees or the construction of solid fences, walls, signs or other structures that would block the visibility of on-coming vehicles to motorists at a street intersection. This provision shall not be applicable to public utility poles, official street signs, fire hydrants and other appurtenances installed by a governmental agency for public safety purposes, or to tree trunks which do not materially impair visibility, and shall not be construed to require the removal of any mature trees existing at the effective date of this provision.
2. Visibility triangle. On a corner lot in any district other than a Central Business District, nothing that would materially obstruct the vision of operators of motor vehicles shall be erected, placed, planted or allowed to grow between the heights of three (3) feet and eight (8) feet above the grade of the intersection of the center lines of the adjacent intersecting streets within the following described area:
   A triangular shaped area on the ground bounded on two (2) sides by the street lines abutting the lot, and bounded on the third side by a line joining points on said street lines twenty (20) feet from the point of their intersection.

1. Applicability of height regulations. The height regulations set forth in this chapter shall not apply to church spires, belfries, cupolas, barns or silos used for agriculture or feed storage or mixing, water or cooling towers, accessory antennas, ventilators, chimneys, flues, solar energy equipment or similar appurtenances or mechanical structures attached to a building and not intended for human occupancy and containing no signs or other advertising. Parapet walls may exceed the height limit applicable in a district by not more than four (4) feet. The maximum height to which flagpoles may be erected is equal to the maximum height of the tallest building on the property in which it is located or thirty-five (35) feet from grade, whichever is greater.
   
2. Height of accessory buildings. No accessory building shall exceed the height of the main building on the lot, nor shall any accessory building exceed fifteen (15) feet in height when located within any portion of a side or rear yard that would be required for a main building on the lot.

1. The following requirements apply to use and storage of major recreational equipment or vehicles in a residential district:
   1. Shall not be parked on any street in a residential district.
   2. No more than one may be located in the front yard on a residential lot at a time and shall adhere to the requirements of Sec. 21-199.1.
   3. At no time shall it obstruct site distance as determined by the Zoning Administrator.”
   4. Inoperable vehicles are regulated by Sec. 10-37 Open Storage of Inoperative Vehicles On Residential, Commercial, And Agricultural Property.

1. Because many older single-family homes are larger and represent sizable maintenance and energy costs for single family, it is the concern of the town that restriction to only single-family use may foster inadequate maintenance or abandonment. The possible consequences of this trend may be a general appearance of blight which, if allowed to proceed, could erode the social stability of a neighborhood. Based upon the above, some areas are regarded as conducive for limited use for bed and breakfast purposes; but only after approval of a conditional use permit to minimize any adverse impact of such operation upon the neighborhood.
   
2. In addition to other requirements that may be imposed upon the operation of a bed and breakfast use, the following requirements shall be met:
   
   1. The use of the property for a bed and breakfast shall clearly be accessory to the use of the property as a single-family dwelling;
      
   2. The structure shall be a minimum of two thousand five hundred (2,500) square feet, excluding garages or accessory buildings; the minimum lot size shall be thirty thousand (30,000) square feet or have minimum twenty-five-foot side yard and one-hundred-foot rear yard setbacks;
      
   3. Off-street parking shall be provided at the rate of one space for each bedroom within the building; all required parking spaces shall be hard-surfaced;
      
   4. A conditional use permit for a bed and breakfast use shall be voided upon the sale or transfer of the property ownership;
      
   5. The property in question must be the principle residence of the owner. Said owner-occupant shall be the record owner of no less than fifty (50) percent interest of the property in question;
      
   6. Each operator shall keep a list of the names of all persons staying at the bed and breakfast operation. Such list shall be available for inspection by town officials at any time;
      
   7. The maximum stay for any occupants of bed and breakfast operations shall be fourteen (14) days;
      
   8. The structure shall remain a residential structure; and
      
   9. Signs not exceeding one square foot with a standard logo identifying the bed and breakfast use shall be permitted.

1. In all zoning districts, subject to the provisions contained herein, satellite television antenna shall be located only in the rear yard of any lot, but not closer than five (5) feet from any property line.
   
2. In the R-1, R-2, R-3 and R-4, R-5, RO-1, B-1D and the B-1 Districts, if usable satellite signals cannot be received by locating the antenna in the rear yard of the property, such antenna may be placed in the side or front yard or on the roof of the dwelling structure, provided that a conditional use permit is obtained prior to such installation. Such permit shall be issued by the town council upon a showing by the applicant that usable satellite signals are not receivable from the rear yard. Normal fees for application for a conditional use permit shall apply.
   
3. In the R-1, R-2, R-3, R-4, R-5, RO-1, B-1D and the B-1 zoning districts, a satellite television antenna shall not exceed a total area of ten (10) square feet, and a ground mounted satellite television antenna shall not exceed twenty (20) feet in height, including any platform or structure upon which said antenna is mounted or affixed. If usable satellite signals cannot be obtained from an antenna installed in compliance with the height requirement imposed by this paragraph, such antenna may be installed at a greater height, provided that a conditional use permit is obtained prior to such installation. Such permit shall be issued by the town council upon a showing by the applicant that installation at a height greater than twenty (20) feet is necessary for the reception of usable satellite signals. Normal application fees for a conditional use permit shall apply.
   
4. In the B-2, B-4, M-1, POB, PSC and PUD districts, satellite dishes may be installed as long as they are within the building envelope and do not exceed the height requirement of the district. The antenna should be located in a manner that would reduce the visibility from any public street. A satellite antenna that is larger than ten (10) square feet will require a conditional use permit.
   
5. Satellite television antennas shall be located and designed to reduce visual impact from surrounding properties at street level and from public streets.

The following provisions shall apply to accessory apartments in all districts in which they are permitted by the use regulations set forth in this chapter.

1. An accessory apartment is a self-contained residential unit with a separate entrance. The private entrance may be either an exterior door leading directly outside or a door to a common vestibule shared with the main house. A self-contained unit must include a bathroom and kitchen facilities.
   
2. An accessory apartment may be located either in the principal dwelling or in an accessory building, provided such accessory building shall conform with the requirements of this chapter. The minimum lot area required for the construction of a new accessory apartment building shall be:
   1. One acre in a RR-1 District.
   2. Thirty thousand (30,000) square feet in an R-1 District.
   3. Eighteen thousand (18,000) square feet in an R-2 District.
   4. Sixteen thousand (16,000) square feet in an R-3 or R-4 District.
3. There shall be no more than one accessory apartment permitted per one-family building lot.
4. The owner(s) of the principal residence shall occupy at least one of the dwelling units, except for bona fide temporary absences.
5. The design and size of the accessory apartment shall conform to all applicable standards in the health, building and other codes.
6. For accessory apartments located within a single-family house, the apartment shall be designed so that, to the degree reasonably feasible, the appearance of the building remains that of a one-family residence. In general, any new entrances shall be located on the side or in the rear of the building, and any additions shall not increase the square footage of the original house by more than ten (10) percent.
7. The accessory apartment shall be no more than twenty-five (25) percent gross floor area of the dwelling unit existing prior to establishing the accessory apartment.
8. The owner(s) shall eliminate any nuisance or noxious use of the property. A nuisance shall constitute three (3) legitimate notices from the Ashland Police which are caused by actions of the tenant or guest(s) of the tenant.
9. A certificate of use and occupancy and zoning approval shall be obtained at the time of any new lease agreement. A copy of the certificate of use and occupancy and confirmation of building code compliance shall be filed with the zoning administrator by the applicant.
10. In the event that the property is sold, the conditional use permit for the accessory apartment shall be valid only for one year from the date of sale or until the date of review of the permit, for that amount of time which remains on the permit, whichever first occurs. If the new owner wishes to continue the accessory apartment use, a new permit application shall be filed for consideration by the town council.
11. Any other appropriate or more stringent conditions deemed necessary to protect the public health, safety and welfare, and the single-family character of the neighborhood may be imposed by the town council in conjunction with approval of the conditional use permit.

The following provisions shall apply to home occupations in all districts in which they are permitted by the use regulations set forth in this chapter:

1. No person other than a member of the family residing on the premises shall be employed on the premises in the conduct of the home occupation.
   
2. The home occupation shall not occupy a total area greater than the equivalent of twenty (20) percent of the floor area of the main building or more than four hundred (400) square feet, whichever is less, and in no case shall an area greater than fifty (50) percent) of the floor area of any accessory building be occupied by a home occupation.
   
3. There shall be no signs, other than specifically permitted by ATC article XX of this chapter, and no displays or alterations to the exterior of the building that would distinguish it as being devoted to any nondwelling use.
   
4. There shall be no group instruction or assembly, no housing of persons for compensation, and no more than a total of one visitation at a time by clients or customers. Any visitation by vendors or delivery vans related to the home occupation shall be limited to one per day. There shall be no repair of vehicles, no other vehicles visiting the premises other than passenger vehicles, and no product offered for sale on the premises.
   
5. There shall be no equipment, process or activity conducted that generates any noise, vibration, odor, fumes, glare or electrical interference detectable to the normal senses beyond the dwelling in which the home occupation is conducted.

The standards shall apply to all outdoor lighting provided for uses that are subject to the site plan requirements of ATC article XVII of this chapter or require a building or electrical permit and are located on non-single family residentially zoned property, unless specifically exempted herein. In addition, all outdoor lighting shall comply with the standards and guidelines contained in the Development Guidelines Handbook. Lighting standards shall be indicated in sufficient detail to determine compliance with the provisions of this section. (See ATC chapter 21, article XX for sign lighting provisions). 

1. Nonconforming uses. Any existing luminaire or lighting installation used for outdoor lighting in any zoning district that does not presently comply with the requirements of this section will be considered a non-conforming use. Except as set forth in sections (b) and (c), such nonconforming uses may be continued.
   
2. Criteria requiring compliance with certain sections or removal. Any nonconforming luminaire or light installation existing on any zoning lot must comply with the requirements of sections (d), (e), (f), (g), (h), and (i) or must be removed within 30 days if any of the following criteria are met:
   
   1. The height or location of the luminaire is changed; or
      
   2. The supporting structure for the luminaire is changed or replaced except if it is part of a parking lot lighting installation consisting of an array of three (3) or more identical luminaires and poles or supporting structures; or
      
   3. The luminaire is producing glare that is deemed by the town to create a hazard or nuisance.
      
3. Criteria requiring full compliance or complete removal. In the event any of the following criteria are met:
   
   1. A cumulative total of twenty-five (25) percent or more of the non-conforming luminaires or their supporting structures are changed, replaced (excluding routine maintenance and bulb replacement of equal light output), or relocated; or
      
   2. A principal structure on said zoning lot is expanded by an amount equal to or greater than twenty-five (25) percent of the total square footage of the structure immediately prior to such expansion.
      
4. Lighting intensity and fixture height. The intensity of outdoor lighting shall be no greater than shown on the approved site plan, and in no case greater than one-half ( ½) footcandles above background lighting at the property line. Outdoor lighting fixtures shall not exceed twenty (20) feet in height.
   
5. Outdoor dynamic display. The luminance for any outdoor dynamic display shall not exceed 5000 Nits during daylight hours or 150 Nits at all other times. Brightness must be measured from the brightest element of the sign's face. The applicant shall provide written certification from the sign manufacturer that the light intensity has been factory pre-set so that it will not exceed the luminance levels for day and night.
   
6. Light to be confined to the premises. All lighting used to illuminate outdoor areas shall be located, directed or shielded so as not to shine directly or create glare on adjacent properties or streets, and so as to confine all direct light rays entirely within the boundaries of the property on which they are located. All lighting visible from streets and from properties in RR-1 and residential districts shall be of a sharp cut-off design in a fixed position which orients the light downward and prevents glare, and all lighting of parking areas and drives shall be confined within such area. Lighting of outdoor features shall be provided with deflector shields to accomplish the intent of these provisions.
   
7. Reduction to minimum level necessary for security. All exterior lighting shall be reduced to the minimum level of intensity necessary for security purposes during the nonbusiness hours of all business and industrial uses.
   
8. Prohibited outdoor lighting. The following outdoor lighting applications are prohibited in all zoning districts:
   
   1. The use of laser light source;
      
   2. The use of flickering, flashing, blinking, scrolling, or rotating lights and any illumination that changes intensity;
      
   3. The use of upward directed lighting, except as otherwise permitted herein;
      
   4. The use of searchlights;
      
   5. Any luminaire creating glare that is deemed by the Town to create a hazard or nuisance.
      
9. Exempt outdoor lighting. The following outdoor lighting applications are exempt from all requirements of this section:
   
   1. Underwater lighting used for the illumination of swimming pools and fountain;
      
   2. Lighting required by county, state, or federal law;
      
   3. Temporary lighting used for holiday decoration;
      
   4. Portable lighting temporarily used for maintenance or repair that is not deemed by the town to create a hazard or nuisance;
      
   5. Emergency lighting used by police, firefighting, emergency management, or medical personnel at their discretion as long as the emergency exists;
      
   6. Lighting approved by the town for temporary events such as carnivals, circuses, festivals, picnics, fairs, civic events, and exhibitions; and
      
   7. Temporary lighting required for road construction or other public improvements.
      
10. Plan submission. For subdivision and land-development applications where outdoor lighting is required or proposed, lighting plans shall be submitted to the town for review and approval as set forth in ATC Article XVII of this chapter.
    
11. Post-approval alterations. Post-approval alterations to lighting plans or intended substitutions for approved lighting equipment shall be submitted to the town for review and approval, with all plan submission requirements set forth within this section, prior to installation.
    
12. Right of inspection. The town shall have the right to conduct a post-installation inspection to verify compliance with the requirements of this section and, if appropriate, to require remedial action at the expense of the applicant.
    
13. Exceptions to lighting standards. Exceptions to the standards within this section may be granted for athletic field lighting in the Higher Education HE District, with a conditional use permit for each individual athletic field, subject to the following criteria:
    
    1. An outdoor luminaire, or system of outdoor luminaires, required for an athletic facility cannot reasonably comply with the standard and provide sufficient illumination of the facility for its safe use, as determined by recommended practices adopted by the Illuminating Engineering Society of North America for that type of facility and activity, or other evidence if a recommended practice is not applicable.
       
    2. Sufficient renderings, including, but not limited to, photometric drawings, luminaire cutsheets, and renderings depicting the impact of the proposed lighting, shall be provided with the application.
       
14. Exceptions. The planning director may grant administrative exceptions only in cases where it is demonstrated that unusual practical difficulties exist on the subject property; therefore, making the full requirements of this section impractical to implement fully. An administrative exception shall not exceed five (5) percent of the overall site lighting requirements. An administrative exception shall not be available or applicable for the following outdoor lighting ordinance requirements:
    
    1. The type of lighting fixtures used;
       
    2. The light trespass requirements;
       
    3. The full cut-off requirement;
       
    4. The installed height of a freestanding fixture;
    5. An after-the-fact exception request or to correct a zoning violation. 

Exceptions to installed height of a fixture may only be granted for building-mounted lighting located on B-2 or M-1 zoned property.

Exceptions may be made to this section to allow for pedestrian scaled lighting in the public right-of-way for security purposes. Exceptions may be granted when the applicant or property owner submits, in writing to the planning director, a request for an exception from this section, and when the planning director finds such exception is necessary to alleviate safety and security concerns. No exception shall be granted for any light fixture that creates glare on adjacent properties or is not of a full cut-off design.

1. Intent: It is recognized that there are some uses which, because of their very nature, have serious objectionable operational characteristics particularly when several of them are concentrated under certain circumstances or located in direct proximity to residential neighborhoods, thereby having a deleterious affect upon the adjacent areas. Special regulations of these uses is necessary to ensure that these adverse affects will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations are itemized in this section. The primary control or regulation is for the purpose of preventing the concentration or location of these uses in a manner that would create such adverse affects.
   
2. Location and extent: No more than one adult use shall be permitted in any building subject to:
   
   1. Except as in (d) below, no adult use or structure shall be located less than five hundred (500) feet from any residential district boundary or from any existing church, park, recreational facility, school or day care center.
      
   2. Except as in (d) below, all off-street parking spaces serving adult uses shall be located at least three hundred (300) feet from the nearest residential district boundary.
      
   3. Except as in (d) below, such use shall not be located within one thousand (1,000) feet of another such use.
      
   4. The town council may waive the locational provisions in (a), (b) and (c) above under certain circumstances if the following findings are made that:
      
      1. The proposed uses will not be contrary to the public interest or be injurious to nearby properties, and that the spirit and intent of this chapter will be observed.
         
      2. The establishment of an adult use in the area would not be possible without such waiver.
         
      3. The establishment of an adult use will not be contrary or detrimental to any program of neighborhood conservation or renewal in adjacent residential areas; and
         
      4. All applicable regulations of the ordinance and special conditions attached to the use permit will be observed.

1. Ground and roof mounted mechanical equipment, which does not include solar energy equipment, shall be screened from view from a public street or other public place, from adjacent lots in a residential district, and from an adjacent lot containing a residential use, by one or more of the following:
   
   1. An element of the building;
      
   2. A separate, permanently installed screen or solid structure harmonizing with the building in material, color, size and shape that does not extend more than twelve (12) inches above the height of such equipment; or
      
   3. A landscape buffer.
      
      1. Roof mounted equipment penthouses and mechanical equipment shall be set back from the front wall of the building one (1) foot for each one (1) foot of height above the roof level.
         
      2. This section shall not apply to heat pumps and air conditioning units for single-family dwellings when the equipment is located in side or rear yards.
      3. ATC chapter 21, Article XVIII, nonconforming uses and features, ATC section 21-193 shall govern the status of existing equipment that is nonconforming.
2. Town Council may grant an exception to the requirement that roof mounted mechanical equipment shall be screened from view from a public street or other public place, per ATC Section 21-168, if the property is industrially zoned and not located adjacent to one of the following roadways:
   
   1. Route 1/Washington Highway
      
   2. Hill Carter Parkway
      
   3. Route 54/England Street
      
   4. Maple Street
      
   5. Ashcake Road
   6. Interstate 95.

A petition for any exception shall be submitted in writing to the zoning administrator. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.

1. Gas station canopies must be in scale with the main structure and shall not exceed the maximum height of the main structure approved by the zoning administrator. The maximum height at the base of the canopy shall not exceed fifteen (15) feet. Pitched roofs are strongly encouraged.
2. Architectural features that help to blend in the station with the surrounding area shall be utilized. Architectural details on the cornice shall not be internally illuminated, and ceiling lighting must be flush-mounted.
3. All exterior lighting shall be of a style compatible with the surrounding area and preferably of the shoebox style as recommended in the design guidelines.
4. All lighting fixtures in the gas station canopy that illuminate the gas pumps and building must be completely recessed.

Any person seeking to install a temporary family health care structure, as defined in ATC Article I of this chapter, shall comply with the following:

1. Obtain a permit from the department of codes compliance, for which a fee of one hundred dollars ($100.00) will be charged and paid in full prior to the issuance of the permit.
   
2. A permit for a temporary family health care structure shall not be issued unless compliance with the following is demonstrated:
   
   1. That the structure in which temporary care will be provided is primarily assembled at a location other than the site of installation.
      
   2. That the structure is limited to one (1) occupant who shall be the mentally or physically impaired person.
      
   3. That the structure has no more than three hundred (300) gross square feet.
      
   4. That the structure meets all requirements applicable to accessory structures.
      
   5. That the structure complies with applicable provisions of the Industrialized Building Safety Law (Va. Code § 36-70 et seq.) and the Uniform Statewide Building Code
      (§ 36-97 et seq.).
      
   6. That the structure is not placed on a permanent foundation.
      
   7. That the structure is connected to water, sewer, and electric utilities that are serving the primary residence on the property.
      
   8. That the structure is located within the rear yard of an existing dwelling. Such structures shall not be permitted in any front or side yards.
      
   9. That the structure is in compliance with all applicable Virginia Department of Health requirements.
      
3. The applicant and the landowner, if different from the applicant, of the temporary health care structure shall provide a written report showing compliance with this section, annually, to the zoning administrator.
   
4. No signage, advertising, or otherwise promoting the existence of the structure shall be permitted either on the exterior of the temporary health care structure or elsewhere.
   
5. Only one (1) temporary family health care structure shall be permitted on a lot or parcel of land.
   
6. Any temporary family healthcare structure installed pursuant to this section shall be removed within thirty (30) days from the date the mentally or physically impaired person is no longer receiving or is no longer in need of the assistance provided for in this section.
   
7. The zoning administrator may revoke the permit granted pursuant to this section if the permit holder violates any provision of this section.

1. If in any district established under this chapter, a use is not specifically permitted and an application is made by a property owner to the zoning administrator for such use, the administrator shall refer the application to the planning commission. The planning commission shall make its recommendations to the town council within 60 days as to whether to amend this chapter to allow the unrestricted use in that district; to amend this chapter to allow the use with a conditional use permit; to amend this chapter by rezoning the district and thereby allow the use; or to deny the use in that district. The planning commission may hold a separate public hearing or a joint public hearing, as provided by law, with the town council.
2. If after 60 days no public hearing has been set or no recommendation has been made, the town council may assume that the planning commission concurs with the applicant.

1. Structural Requirements. Telecommunication towers and related facilities shall be designed and constructed as follows: 
   
   1. Telecommunications towers shall be constructed with a galvanized steel finish or similar material and shall, to the extent practicable, use materials, colors and textures so as to reduce visual obtrusiveness.
      
   2. Satellite dish and microwave dish antennas attached to telecommunications towers shall not exceed six (6) feet in diameter and shall be of a neutral, non-reflective color with no logos.
      
   3. Whenever practicable, telecommunications towers shall include features that will camouflage the telecommunications tower so as to blend in with the natural setting and the built environment. Camouflaging includes, but is not limited to, design and construction so that the telecommunications tower appears to be a flag pole, silo or other agricultural building, or other landscape feature.
      
   4. Prior to the use of a telecommunications tower or related facility, the owner of the tower or facility shall have obtained approval of the structural integrity by a registered professional engineer licensed in the state and a copy of such report shall be filed at the time of site plan review.
      
   5. All telecommunications towers and related facilities shall be located, designed and operated in a manner that meets all requirements of the Federal Communications Commission and the Federal Aviation Administration and does not create a hazard for the Hanover County Airport for existing, future or planned airspaces.
      
2. Lighting. The following lighting requirements shall be in addition to any lighting requirements set forth in Sec. 21-266:
   
   1. Telecommunications towers and facilities that are otherwise permitted by right shall not be permitted if lighting, beacons, or other safety devices are required by the Federal Communications Commission, the Federal Aviation Administration, or any other governing agency.
      
   2. Telecommunications towers and related facilities that are allowed with a conditional use permit may be permitted if lighting beacons or other safety devices are required; however, if lighting is required, the owner of the telecommunications tower or related facility shall submit a lighting plan at the time of site plan review which shall include the available lighting alternatives. As part of site plan approval, the town shall approve the design that would cause the least disturbance to the surrounding views and have the least impact on neighboring properties.
      
3. Setbacks. Where a telecommunications tower is camouflaged as provided in Sec. 21-278.a(3), above, the setback requirements shall be the same as those applicable to other buildings or structures in the district in which the telecommunications tower is located. In all other instances, the following additional setback requirements shall apply:
   
   1. The minimum setback from the boundary of the property on which the telecommunications tower or facility is located shall be equal to one hundred ten (110) percent of the "fall-zone" as certified by a licensed engineer; should the "fall-zone" be equal to the height of the telecommunications tower or related facility, the minimum setback shall be equal to one hundred ten (110) percent of the height of the tower.
      
   2. The minimum setback from existing off-site dwellings shall be as follows:
      
      1. For telecommunications towers and related facilities that exceed fifty (50) feet in height but do not exceed one hundred (100) feet in height, the minimum setback shall be two hundred (200) feet;
         
      2. For telecommunications towers and related facilities that exceed one hundred (100) feet in height, the minimum setback shall be three hundred (300) feet.
         
   3. The minimum setback from public rights-of-way shall be as follows:
      
      1. For telecommunications towers and related facilities that exceed fifty (50) feet in height but do not exceed one hundred (100) feet in height, the minimum setback shall be fifty (50) feet;
         
      2. For telecommunications towers and related facilities that exceed one hundred (100) feet in height, the minimum setback shall be seventy-five (75) feet.
         
   4. The minimum setback requirements set forth in subsections (2) and (3), above, may be satisfied if:
      
      1. The applicant can demonstrate that the telecommunications tower or related facility is located within an existing wooded area and the height of the tower or facility is not more than ten (10) feet above tree line (as observed from a public right-of-way or boundary of the property on which the tower or facility is to be constructed), and
         
      2. The property owner records a no-disturbance perimeter easement with a minimum of twenty-five (25) feet on all sides of the compound containing the telecommunications tower or related facility.
         
         The no-disturbance perimeter easement shall provide that disturbance of the wooded area surrounding the proposed telecommunications tower or related facility; however, the no-disturbance perimeter easement shall permit a single means of access to a telecommunications tower or related facility, provided the means of access is located so as to minimize visibility of the tower or facility from neighboring residences and public rights-of way.
         
4. Signs prohibited. No advertising of any type may be placed on a telecommunications tower or related facility, except that a sign shall be required displaying the name, registration number, and emergency contact number of the tower owner. The sign shall not exceed four (4) square feet in size and shall be located on the security fence or other approved location.
   
5. Security. All related facilities shall be located, fenced or otherwise secured in a manner that prevents unauthorized access. At the time of site plan review, the owner of the property or the tower shall submit specifications on the security for the telecommunications tower or related facility, which shall demonstrate measures to ensure that:
   
   1. All antennas, towers and other supporting structures, including guy wires, are inaccessible to individuals and constructed or shielded in such a manner that they cannot be climbed or run into; and
      
   2. Transmitters and telecommunications control points are installed such that they are readily accessible only to persons authorized to operate or service them.
      
6. Landscaping and screening requirements. All equipment and facilities related to a telecommunications tower shall be screened in accordance with Sec. 21-236. Screening shall not be required if the equipment and facilities are located within an enclosed structure or are visually obstructed from the public right-of-way or from neighboring properties by existing vegetation or other structures on site. An applicant who proposes to use existing vegetation to screen the equipment and facilities shall record an easement providing that the vegetation shall remain. At the time of site plan review, the owner shall submit a landscaping plan showing existing vegetation and a screening plan for the equipment and facilities. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible.
   
7. Removal of abandoned, unsafe, or unused telecommunications towers and related facilities.
   
   1. Any telecommunications tower or related facility found to be defective or unsafe shall be repaired to meet federal, state, and local safety standards or removed within six (6) months at the expense of the owner of the property or the telecommunications tower or related facility.
      
   2. Any telecommunications tower or related facility that is not operated for a continuous period of eighteen (18) months shall be considered abandoned, and the owner of the telecommunications facility or related structure shall remove the tower or facility within ninety (90) days of receipt of notice from the town that the tower or facility must be removed. Removal includes the removal of the antennas, telecommunications towers and related facilities, fence footers, underground cables and support buildings. Any buildings and foundations may remain with the approval of the owner of the property on which the telecommunications tower or related facility is located.
      
   3. If there are two (2) or more users of a single telecommunications tower or related facility, then this provision shall not become effective until all users cease using the telecommunications tower or related facility.
      
8. Additional requirements for telecommunications facilities permitted with a conditional use permit. An application for a conditional use permit to allow the construction of a telecommunications tower or related facility shall be accompanied by a report containing the information set forth in this section. The report shall be signed and certified by a licensed professional engineer registered in the commonwealth. The report shall include the following:
   
   1. A statement, with supporting documentation, demonstrating that existing telecommunications facilities or alternative telecommunications structures cannot physically accommodate the proposed antenna or array or technical evidence that existing telecommunications facilities or alternative telecommunications structures cannot be utilized to achieve reasonable coverage objectives. Copies of written requests and responses for shared use shall be provided.
      
   2. An inventory of the applicant's existing sites that are located within the county or within five (5) miles of the county border, including specific information about the location, height, and design of each tower.
      
   3. On the submitted proposed conceptual plan:
      
      1. Site topography and topography within a four hundred (400)-foot radius of the proposed tower;
         
      2. A scaled elevation view, including tree line heights; and
         
      3. Supporting drawings, calculations, and other documentation showing the location and dimensions of all improvements, radio frequency coverage, tower height, setbacks, parking, security fencing, landscaping, proposed ingress and egress, and adjacent uses, including proximity to residential uses.
         
   4. For telecommunications towers that are proposed to exceed one hundred (100) feet in height, certification that the proposed telecommunications tower and related facility are compatible for a minimum of three (3) additional users including the primary user and information demonstrating that antennas, telecommunications towers, and telecommunications facilities for possible co-locator antennas are no higher than required to accommodate the additional users. The report shall include a statement signed by the individual applicant or a responsible officer of a corporate applicant, as appropriate, setting forth the applicant's willingness to co-locate on other company's telecommunications towers and the applicant's willingness to accept other users on its telecommunications tower or related facility.
      
   5. Design standards for the proposed telecommunications tower and related facility, with particular reference to design characteristics that have the effect of reducing or eliminating the visual impact from neighboring properties and rights-of way.
      
   6. Photographs from the site showing adjoining properties and other relevant views and simulated photographic image of the proposed telecommunications tower and related facility from neighboring properties and rights-of-way.
      
   7. Documentation that demonstrates the need for the telecommunications tower or related facility to provide service primarily within the town.
      
   8. Name, address and phone number of the person preparing the report.
      
   9. Location of the nearest existing off-site residential structure.
      
   10. Location, size and height of all structures on the property which is the subject of the application.
       
   11. Type, locations and dimensions of all proposed and existing landscaping, and fencing.
       
   12. The design of the telecommunications tower or related facility, including the specific type of support structure that will be used and the design, type, location, size, height and configuration of all existing and proposed antennas and other equipment.
       
   13. The frequency, modulation and class of service of radio or other transmitting equipment, including certification that the proposed telecommunications tower or related facility will not interfere with the county's emergency public safety communications system or existing telecommunications devices.
       
   14. Transmission and maximum effective radiated power of antennas and arrays to be located on the telecommunications tower.
       
   15. Direction of maximum lobes and associated radiation of the antennas and arrays to be located on the telecommunications tower.
       
   16. Certification that nonionizing electromagnetic radiation (NIER) levels at the proposed site are within the threshold levels adopted by the FCC.
       
   17. A copy of the FCC license applicable for the use of telecommunications towers or related facilities.
       
   18. Certification that a topographic study and analysis and an environmental impact analysis have been conducted and that the site is adequate to ensure the stability of the proposed telecommunications tower or related facility. The environmental impact analysis shall identify all historic structures or sites that may be impacted by the proposed telecommunications tower or related facility and shall include an assessment of the impact that the proposed telecommunications tower or related facility will have on agricultural and forestal resources and wildlife habitats.
       
   19. Propagation studies of the proposed site and all adjoining planned, proposed, in-service or existing sites.
       
9. Site plan required; submission of obstruction survey after construction.
   
   1. Prior to the construction of any telecommunications tower or related facility, a site plan shall be prepared and submitted for review and approval in accordance with the requirements of ATC chapter 21, Article XVII; the site plan shall provide adequate information to demonstrate that the proposed telecommunications tower or related facility complies with all requirements of this section.
      
   2. An obstruction survey shall be submitted within thirty (30) days of completion of the telecommunications tower or related facility; if the telecommunications tower or related facility is in operation prior to the expiration of that thirty (30)-day period, the survey shall be submitted on the day that operation begins. The obstruction survey must meet the Accuracy Code '2C' as defined in Appendix 2 of FAA Order 8260.19C CHG 3 dated July 14, 2003, or the latest change.
      
10. Interference with public safety communications systems prohibited. Telecommunications transmissions from any telecommunications tower or related facility shall not interfere with the emergency public safety communications system operated by the county or any communications system operated by the federal, state or county government.
    
11. Owner or operator to maintain adequate insurance.
    
    1. The owner of property on which a telecommunications tower or other facility or the operator of the telecommunications tower or related facility shall secure and at all times maintain public liability insurance for personal injuries, death and property damage, and umbrella insurance coverage.
       
    2. The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the commonwealth.
       
    3. The insurance policies shall contain an endorsement obligating the insurance company to furnish the county with at least thirty (30) days prior written notice in advance of the cancellation of the insurance.
       
    4. Renewal or replacement policies or certificates shall be delivered to the county at least fifteen (15) days before the expiration of the insurance that such policies are to renew or replace.
       
    5. Prior to construction of a permitted telecommunications tower or related facility, the owner of the property on which the telecommunications tower or facility is located or the operator of the telecommunications tower or related facility shall deliver to the town a copy of each of the policies or certificates representing the insurance as required in subsection (1), above.

The purpose of this Article is to establish policies and procedures for the placement of small cell wireless facilities and associated utility poles in rights-of-way within the Town’s jurisdiction, which will provide public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the Town rights-of-way and the Town as a whole. In enacting this Chapter, the Town is establishing uniform standards to address issues presented by small wireless facilities, including without limitation, to:

1. Limit interference with the use of  streets, sidewalks, alleys, parkways, public utilities, public views, certain Town corridors, and other public ways and places;
   
2. Limit the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;
   
3. Limit interference with the facilities and operations of facilities lawfully located in rights-of-way or public property;
   
4. Limit environmental damage, including damage to trees;
   
5. Respect the character of the neighborhoods in which facilities are installed.

1. The installation of a small cell facility by a wireless services provider or wireless infrastructure provider on an existing structure may be permitted on any lot in any zoning district subject to approval by the Zoning Administrator of a small cell facility zoning permit and compliance with the provisions below.
   
   
2. The provider must demonstrate that each small cell facility complies with the following:
   
   1.  Each antenna is located inside an enclosure of no more than six (6) cubic feet in volume, or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six (6) cubic feet; and 
      
      
   2. All other wireless equipment associated with the facility has a cumulative volume of no more than twenty-eight (28) cubic feet or such higher limit as is established by the Federal Communication Commission.  
      
3. The following types of associated equipment are not included in the equipment volume calculation: electric meter, concealment, telecommunications demarcation boxes, backup power systems, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.
   
   
4. Before installing any small cell facility, the provider must obtain an approved zoning permit for each facility. The applicant must complete an application for each zoning permit request on forms provided by the Town of Ashland and must file completed forms with the Zoning Administrator. A single application may include up to thirty-five (35) permit requests. The application form may require certification by the applicant that the small cell facility will not materially interfere with or degrade any existing public safety communications system.
   
   Each permit request must include the specific location of each proposed small cell facility including specific identification of the existing structure on which the facility will be installed, specifications showing the size of the antennas and associated equipment of each small cell facility, and a statement from the owner of the existing structure consenting to co-location of the small cell facility on the structure.
   
   The application shall be approved or disapproved within 60 days of receipt of the complete application. Within 10 days after receipt of an application and a valid electronic mail address for the applicant, the applicant shall be notified by electronic mail whether the application is incomplete and specify any missing information; otherwise, the application shall be deemed complete. Any disapproval of the application shall be in writing and accompanied by an explanation for the disapproval. The 60-day period may be extended by the Town of Ashland in writing for a period not to exceed an additional 30 days. The application shall be deemed approved if the Town of Ashland fails to act within the initial 60 days or an extended 30-day period.
   
   The fees for processing applications shall be as follows: 
   1. $100 each for up to five small cell facilities on a permit application; and
      
      
   2. $50 for each additional small cell facility on a permit application.
      
      
5. A  small  cell facility installed by  a  wireless  services  provider  or  wireless infrastructure provider on an existing structure shall be permitted, provided that the wireless services provider or wireless infrastructure provider (i) has permission from the owner of the structure to co-locate equipment on that structure and (ii) notifies the Town of Ashland 
   
   
6. The Town of Ashland may disapprove a proposed location or installation of a small cell facility only for the following reasons: 
   1.  Materially interferes with the safe operation of traffic control equipment; or
      
      
   2. Materially  interferes  with  sight  lines  or  clear  zones  for  transportation  or pedestrians; or
      
      
   3. Materially interferes with compliance with the Americans with Disabilities Act or similar federal or state standards regarding pedestrian access or movement; or
      
      
   4. Fails to comply with reasonable and nondiscriminatory spacing requirements that apply to other communications service providers and electric utilities in the ROW and that concern the location of ground-mounted equipment and new Utility Poles. Such spacing requirements shall not prevent a small wireless facility from serving any location; or
      
      
   5. Potential interference with other pre-existing communications facilities or with future communications facilities that have already been designed and planned for a specific location or that have been reserved for future public safety communications facilities; or
      
      
   6. Materially interferes with public safety or other critical public service needs; or
      
      
   7. Conflicts with an applicable local ordinance adopted pursuant to § 15.2-2306, or pursuant to local charter on a historic property that is not eligible for the review process established under 54 U.S.C. § 306108.
      
7. Nothing shall prohibit an applicant from voluntarily submitting, and the Town of Ashland from accepting, any conditions that otherwise address potential visual or aesthetic effects resulting from the placement of small cell facilities.
   
   
8. The installation,  placement,  maintenance, or replacement of micro-wireless facilities that are suspended on cables or lines that are strung between existing utility poles in compliance with national safety codes shall be exempt from locality-imposed permitting requirements and fees. For the purposes of this provision, a micro-wireless facility is a small cell facility that is no greater than twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height, and that has an exterior antenna, if any, no more than eleven (1l) inches in length. 
   1. A  small  cell  facility  must  be  removed  by  the  wireless  services  provider  or wireless infrastructure provider that installed the facility or is otherwise responsible  for  the  facility  within  120  days  after  the  owner  of  the  existing structure withdraws or revokes its consent for co-location of such facility; the owner of the existing structure removes the existing structure; or such facility is no longer in use, in which case it will be deemed abandoned and must be removed by such provider on that basis.
      
      
   2. Installation, modification or collocation for which a permit is granted pursuant to this section shall be completed within one year after the permit issuance date unless the Town and the applicant agree to extend this period or a delay is caused by the lack of commercial power or communications facilities at the site.
      

a. General standards. The keeping of chickens is permitted as an accessory use in residentially zoned districts, subject to the following conditions:

1. Chickens are defined as domestic female laying hens. Roosters are prohibited.
2. No more than six (6) chickens shall be allowed.

3. Chickens shall not be allowed to roam outside of the property on which they are being kept. Chickens shall be provided a secure, enclosed coop. The materials used for coops shall be uniform and maintained in good condition. All areas associated with the keeping of chickens shall be cleaned and kept free of waste on a regular basis. Waste associated with the keeping of chickens shall be disposed of in an appropriate waste disposal container that is periodically removed from the site.

4. The property owner shall ensure that no odor is discernable on any neighboring property.

5. All coops shall be deemed accessory structures and shall be at five (5) feet from any rear or side property line. Coops shall not be permitted in front yards.

b. Administration & Enforcement. The requirements of this section shall be enforced by the zoning administrator. Violations of this section shall constitute a class 3 misdemeanor. Each day that a violation continues shall constitute a separate offense.”

1. Persons wishing to keep chickens must file an application with the Department of Planning and Community Development. The application shall include a sketch of the property, showing the area where the chickens will be housed, including the type(s) and size(s) of enclosures in which the chickens will be kept. The sketch must show property dimensions and setbacks from all property lines. Upon receipt of the application, an inspection of the property will be scheduled with the applicant. Once the site and enclosures have been inspected and approved by the zoning administrator, a permit will be issued. The zoning administrator shall inspect the site prior to the approval of the application and may on an annual basis thereafter.
2. Violations of this section may subject the owner to revocation of the permit; failure to obtain and maintain a permit shall constitute a zoning violation.

3. The provisions of this section shall be enforced by the Zoning Administrator.

4. Any person violating any of the provisions of this section shall be deemed guilty of a class 3 misdemeanor. Each day a violation continues shall constitute a separate offense.