601.01. Intent of Single-Family Residential District R-1. This provides appropriate areas for low density single-family residential development and promotes a suitable residential environment with necessary community facilities and services. The district is intended to preserve the predominant character of established neighborhoods with relatively large lots and to afford protection from encroachment by potentially incompatible nonresidential and higher density residential uses. It is also intended for application in areas that are not fully developed, where agricultural activities or open areas remain and where public utilities are not yet provided or may not be provided in the future.

601.02. Permitted uses; by right.

a.

Accessory uses, provided the requirements of section 802 are met.

1.

Temporary family health care structures are subject to certification from a medical doctor stating the facility is needed for its intended use on an annual basis. No fee shall be required for a temporary family health care structure.

b.

Agriculture, provided the requirements of section 803 are met.

c.

Religious assembly.

d.

Home occupations provided that the requirements of section 807 are met.

e.

Libraries.

f.

Public parks.

g.

Single-family dwellings. Only one dwelling or dwelling unit is allowed per parcel in R-1 unless another section of the ordinance permits additional units through zoning approval, such as accessory dwelling units or temporary family health care structures.

h.

Yard sales, provided that they occur only during the daylight hours, that they do not continue for more than two consecutive days and that they are limited to three times a year per dwelling. Signs advertising the sale must be in accordance with section 816.

i.

Utilities, public.

601.03. Conditional uses. When after review of the application and public hearing thereon, in accordance with section 1002.03 herein, the council finds as a fact that a proposed use is consistent with the intent of this Land Development Ordinance and the land use plan, and is in the public interest, the following uses may be permitted:

a.

Accessory dwelling units.

b.

Cemeteries.

c.

Government facilities.

d.

Homestays.

e.

Kennels, provided that no enclosure containing animals and no storage of odor or dust producing substances shall be located within 200 feet of a property line, that the operation is conducted on a tract of land not less than five acres in area, and that the use is not objectionable by reason of odor, bright lights, or noise. The industrial performance standards in the M-1 District applicable adjacent to residential districts shall be used as a guide to determine whether characteristics of the use are objectionable.

f.

Private parks, playgrounds and other outdoor recreation, and open space areas, provided that the proposed use complies with the applicable ordinances and regulations of the town with regard to noise and lighting.

g.

Schools.

h.

Bed and breakfast lodging, provided that off-street parking be provided equal to one space for each lodging room (bedroom). Off-street parking shall not be provided within the front yard setback and such use shall be in keeping with the residential character of the neighborhood.

i.

Utilities, private.

601.04. Lot area, width, coverage, and frontage.

a.

The minimum lot area shall be 10,000 square feet.

b.

The minimum lot width at the setback line shall be 100 feet for lots with frontage on one public street and 125 feet for corner lots fronting on two or more public streets. 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.

c.

The maximum percentage of any lot that may be covered by the footprint of a building shall be 25 percent.

d.

The minimum lot frontage on a public street shall be 50 feet.

601.05. Maximum height restrictions.

a.

The maximum height of any building shall be 40 feet.

b.

Public and semi-public uses including uses similar in character to public places of worship, libraries, museums, schools, and courthouses may be erected to a maximum height of 50 feet, provided that for each foot of height over 40 feet in height, one additional foot of all yard setback distances shall be required.

c.

Chimneys, water, fire, radio and television towers, church spires, domes, or cupolas, cooling towers, elevator bulkheads, smokestacks, flag poles, silos, granaries, windmills, and similar structures and their necessary mechanical appurtenances may only be erected above the height limits herein established with the specific written approval of the zoning administrator. For structures exceeding 200 feet in height, prior written approval from the Federal Aviation Administration is also necessary.

601.06. Minimum yard setback requirements. The following minimum yard setback requirements from the lot or property line shall apply, unless a more restrictive setback is required for the dedication of an easement:

a.

The minimum front, side and rear yard setbacks shall be as follows:

Front: 25 feet.

Sides: ten feet.

Rear: 25 feet.

b.

Average setbacks exception: When the average of the front yard setback for existing primary structures on the same side of the street within 300 feet is less than 25 feet, the average shall be recognized as the minimum front yard setback. In determining the average setback, a vacant lot shall be considered to have a 25-foot front yard setback.

c.

Rear and side yard setbacks abutting public street rights-of-way shall be equal to the required front yard setback for the district.

d.

Balconies, stoops, stairs, open porches or decks, bay windows, and awnings are permitted to encroach into the front yard setback area no more than six feet; and the aforementioned as well as attached garages and carports, into the rear yard setback area no more than 14 feet.

(Ord. No. 24-2, 3-12-2024; Ord. No. 25-1, § 7, 1-14-2025)

602.01. Intent of Medium Density Residential District R-2. This district provides for higher-density single and two-family residential development, along with supportive civic uses. The regulations for this district are intended to protect the essential residential character of the district in areas where retail activity is curtailed and the neighborhoods are protected from the encroachment of commercial or industrial uses.

602.02. Permitted uses; by right.

a.

Accessory uses, provided the requirements of section 802 are met.

1.

Temporary family health care structures are subject to certification from a medical doctor stating the facility is needed for its intended use on an annual basis. No fee shall be required for a temporary family health care structure.

b.

Home occupations provided that the requirements of section 807 are met.

c.

Libraries.

d.

Public parks.

e.

Religious assembly.

f.

Single-family dwellings.

g.

Two-family dwellings.

h.

Yard sales, provided that they occur only during the daylight hours, that they do not continue for more than two consecutive days, and that they are limited to three times a year per dwelling. Signs advertising the sale must be in accordance with section 816.

i.

Utilities, public.

602.03. Conditional uses. When after review of the application and public hearing thereon, in accordance with section 1002.03, the council finds that a proposed use is consistent with the intent of this Land Development Ordinance and the land use plan, and is in the public interest, the following uses may be permitted:

a.

Accessory dwelling units.

b.

Bed and breakfast lodging, provided that off-street parking be provided equal to one space for each lodging room (bedroom). Off-street parking shall not be provided within the front yard setback and such use shall be in keeping with the residential character of the neighborhood.

c.

Cemeteries.

d.

Childcare centers, and family day care homes, provided that all licensing requirements of Code of Virginia, § 63.2-1701 are met, and that undue concentrations of these facilities at the block or neighborhood level are avoided.

e.

Government facilities.

f.

Group homes for children.

g.

Homes for adults, provided that the licensing requirements of Code of Virginia, § 63.2-1800 are met, and that undue concentrations of these facilities at the block or neighborhood level are avoided.

h.

Homestays.

i.

Private parks, playgrounds, and other outdoor recreation, and open space areas, provided that the proposed use complies with the applicable ordinances and regulations of the town with regard to noise and lighting.

j.

Schools.

k.

Utilities, private.

602.04. Lot area, width, coverage and frontage.

a.

The minimum lot area for single-family dwellings shall be 9,000 square feet.

b.

The minimum lot area for two-family dwellings shall be 12,000 square feet.

c.

The minimum lot width at the setback line for single-family dwellings shall be 75 feet for lots with frontage on one public street and 110 feet for corner lots fronting on two or more public streets. 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.

d.

The minimum lot width at the setback line for two-family dwellings shall be 100 feet for lots with frontage on one public street and 115 feet for corner lots fronting on two or more public streets. 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.

e.

The maximum percentage of any lot that may be covered by the footprint of a building shall be 25 percent for single-family dwellings or 30 percent for two-family dwellings.

f.

The minimum lot frontage on a public street shall be 50 feet.

602.05. Maximum height restrictions.

a.

The maximum height of any building shall be 40 feet.

b.

Public and semi-public uses including uses similar in character to public places of worship, libraries, museums, schools, and courthouses may be erected to a maximum height of 50 feet, provided that for each foot of height over 40 feet in height, one additional foot of all yard setback distances shall be required.

c.

Chimneys, water, fire, radio and television towers, church spires, domes, or cupolas, cooling towers, elevator bulkheads, smokestacks, flag poles, silos, granaries, windmills, and similar structures and their necessary mechanical appurtenances may only be erected above the height limits herein established with the specific written approval of the zoning administrator. For structures exceeding 200 feet in height, prior written approval from the Federal Aviation Administration is also necessary.

602.06. Minimum yard setback requirements. The following minimum yard setback requirements from the lot or property line shall apply, unless a more restrictive setback is required for the dedication of an easement:

a.

The minimum front, side and rear yard setbacks shall be as follows:

Front: 25 feet.

Sides: six feet.

Rear: 25 feet.

b.

Average setbacks exception: When the average of the front yard setback for existing primary structures on the same side of the street within 300 feet is less than 25 feet, the average shall be recognized as the minimum front yard setback. In determining the average setback, a vacant lot shall be considered to have a 25-foot front yard setback.

c.

Rear and side yard setbacks abutting public street rights-of-way shall be equal to the required front yard setback for the district.

d.

Balconies, stoops, stairs, open porches or decks, bay windows, and awnings are permitted to encroach into the front yard setback area no more than six feet; and the aforementioned as well as attached garages and carports, into the rear yard setback area no more than 14 feet.

e.

Uncovered parking lots and spaces, sidewalks and walkways, etc., shall have no minimum yard setback.

f.

Minimum yard setbacks for two-family dwellings, condominiums, townhouses, duplexes, and apartments shall not apply to common walls.

(Ord. No. 24-2, 3-12-2024)

603.01. Intent of High-Density Residential District R-3. This district provides for a variety of housing types at medium to high density on select sites to create a suitable residential environment for a variety of lifestyles and socio-economic needs. This district is intended to be applied to areas having convenient access and adequate services and facilities for residents with minimal impact on town streets and lower density neighborhoods.

603.02. Permitted uses; by right.

a.

Accessory uses, provided the requirements of section 802 are met.

1.

Temporary family health care structures are subject to certification from a medical doctor stating the facility is needed for its intended use on an annual basis. No fee shall be required for a temporary family health care structure.

b.

Bed and breakfast lodging, provided that off-street parking be provided equal to one space for each lodging room (bedroom). Off-street parking shall not be provided within the front yard setback and such use shall be in keeping with the character of the neighborhood.

c.

Religious assembly.

d.

Home occupations provided that the requirements of section 807 are met.

e.

Libraries.

f.

Multifamily, townhouse, and multifamily condominium developments of a density not exceeding 16 units per acre of a gross site area, provided the requirements of section 811 are met.

g.

Public parks.

h.

Single-family dwellings.

i.

Two-family dwellings.

j.

Yard sales, provided that they occur only during the daylight hours, that they do not continue for more than two consecutive days and that they are limited to three times a year per dwelling. Signs advertising the sale must be in accordance with section 816.

k.

Utilities, public.

603.03. Conditional uses. When after review of the application and public hearing thereon, in accordance with section 1002.03, the council finds that a proposed use is consistent with the intent of this Land Development Ordinance and the land use plan, and is in the public interest, the following uses may be permitted:

a.

Accessory dwelling units.

b.

Cemeteries.

c.

Childcare centers, and family day care homes, provided that all licensing requirements of Code of Virginia, § 63.2-1701 are met, and that undue concentrations of these facilities at the block or neighborhood level are avoided.

d.

Government facilities.

e.

Group homes for children.

f.

Homes for adults, provided that the licensing requirements of Code of Virginia, § 63.2-1800 are met, and that undue concentrations of these facilities at the block or neighborhood level are avoided.

g.

Homestays.

h.

Mobile home parks, provided a site plan is approved in accordance with the requirements of section 810.

i.

Offices.

j.

Private parks, playgrounds and other outdoor recreation, and open space areas, provided that the proposed use complies with the applicable ordinances and regulations of the town with regard to noise and lighting.

k.

Schools.

l.

Utilities, private.

603.04. Lot area, width, coverage, and frontage.

a.

The minimum lot area for single-family dwellings shall be 6,000 square feet.

b.

The minimum lot area for two-family dwellings shall be 9,000 square feet.

c.

The minimum lot width at the setback line for single-family dwellings shall be 50 feet for lots with frontage on one public street and 75 feet for corner lots fronting on two or more public streets. 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.

d.

The minimum lot width at the setback line for two-family dwellings shall be 65 feet for lots with frontage on one public street and 90 feet for corner lots fronting on two or more public streets. 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.

e.

The maximum percentage of any lot that may be covered by the footprint of a building shall be 40 percent.

f.

The minimum lot frontage on a public street shall be 50 feet.

g.

Lot area and lot width for multifamily, townhouse or condominium developments shall meet the requirements specified in section 811.

603.05. Maximum height restrictions.

a.

The maximum height of any building shall be 40 feet.

b.

Public and semi-public uses including uses similar in character to public places of worship, libraries, museums, schools, and courthouses may be erected to a maximum height of 50 feet, provided that for each foot of height over 40 feet in height, one additional foot of all yard setback distances shall be required.

c.

Chimneys, water, fire, radio and television towers, church spires, domes, or cupolas, cooling towers, elevator bulkheads, smokestacks, flag poles, silos, granaries, windmills, and similar structures and their necessary mechanical appurtenances may only be erected above the height limits herein established with the specific written approval of the zoning administrator. For structures exceeding 200 feet in height, prior written approval from the Federal Aviation Administration is also necessary.

603.06. Minimum yard setback requirements. The following minimum yard setback requirements from the lot or property line shall apply, unless a more restrictive setback is required for the dedication of an easement:

a.

The minimum front, side and rear yard setbacks shall be as follows:

Front: 25 feet.

Sides: six feet.

Rear: 25 feet.

b.

Average setbacks exception: When the average of the front yard setback for existing primary structures on the same side of the street within 300 feet is less than 25 feet, the average shall be recognized as the minimum front yard setback. In determining the average setback, a vacant lot shall be considered to have a 25-foot front yard setback.

c.

Rear and side yard setbacks abutting public street rights-of-way shall be equal to the required front yard setback for the district.

d.

Balconies, stoops, stairs, open porches or decks, bay windows, and awnings are permitted to encroach into the front yard setback area no more than six feet; and the aforementioned as well as attached garages and carports, into the rear yard setback area no more than 14 feet.

e.

Uncovered parking lots and spaces, sidewalks, and walkways, etc., shall have no minimum yard setback.

f.

Minimum yard setbacks for two-family dwellings, condominiums, townhouses, duplexes, and apartments shall not apply to common walls.

(Ord. No. 24-2, 3-12-2024)

604.01. Intent of Limited Professional District LP. The LP District is intended for residential uses and selected limited professional uses, and to serve as a transitional zone between commercial and residential districts. Through the use, building maintenance, landscaping and screening, LP uses are intended to be compatible with, and to protect the value of, surrounding residential properties.

604.02. Permitted uses; by right.

a.

Accessory uses, provided the requirements of section 802 are met.

1.

Temporary family health care structures are subject to certification from a medical doctor stating the facility is needed for its intended use on an annual basis. No fee shall be required for a temporary family health care structure.

b.

Bed and breakfast lodging.

c.

Religious assembly.

d.

Government facilities.

e.

Home occupations provided that the requirements of section 807 are met.

f.

Homestays.

g.

Libraries.

h.

Museums; art galleries; civic or cultural centers; and historic exhibits.

i.

Offices.

j.

Public parks.

k.

Single-family dwellings.

l.

Two-family dwellings.

m.

Yard sales, provided that they occur only during the daylight hours, that they do not continue for more than two consecutive days and that they are limited to three times a year per dwelling. Signs advertising the sale must be in accordance with section 816.

n.

Utilities, public.

604.03. Conditional uses. When, after review of the application and public hearing thereon, in accordance with section 1002.03, the council finds as a fact that a proposed use is consistent with the intent of this Land Development Ordinance and the land use plan, and is in the public interest, the following uses may be permitted:

a.

Accessory dwelling units.

b.

Childcare centers.

c.

Clinics and doctors offices.

d.

Eating establishments; establishments for sale of convenience goods and personal service; establishments other than those permitted as principal uses, provided that such uses shall be in connection with a principal use and shall, in combination, not occupy more than ten percent of the total floor area involved in the principal use.

e.

Funeral homes.

f.

Group homes for children.

g.

Homes for adults, provided that the licensing requirements of Code of Virginia, § 63.2-1800 are met, and that undue concentrations of these facilities at the block or neighborhood level are avoided.

h.

Lodges.

i.

Private parks, playgrounds and other outdoor recreation, and open space areas, provided that the proposed use complies with the applicable ordinances and regulations of the town with regard to noise and lighting.

j.

Schools.

k.

Private utilities.

604.04. Lot area, width, coverage, and frontage.

a.

The minimum lot area shall be 6,000 square feet.

b.

The minimum lot width at the setback line shall be 50 feet for lots with frontage on one public street and 75 feet for corner lots fronting on two or more public streets. 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.

c.

The maximum percentage of any lot that may be covered by the footprint of a building shall be 40 percent.

d.

The minimum lot frontage on a public street shall be 50 feet for all residential uses.

604.05. Maximum height restrictions.

a.

The maximum height of any building shall be 50 feet.

b.

Chimneys, water, fire, radio and television towers, church spires, domes, or cupolas, cooling towers, elevator bulkheads, smokestacks, flag poles, silos, granaries, windmills, and similar structures and their necessary mechanical appurtenances may only be erected above the height limits herein established with the specific written approval of the zoning administrator. For structures exceeding 200 feet in height, prior written approval from the Federal Aviation Administration is also necessary.

604.06. Minimum yard setback requirements. The following minimum yard setback requirements from the lot or property line shall apply, unless a more restrictive setback is required for the dedication of an easement:

a.

The minimum front, side and rear yard setbacks shall be as follows:

Front: ten feet.

Sides: six feet.

Rear: 15 feet.

b.

Average setbacks exception: When the average of the front yard setback for existing primary structures on the same side of the street within 300 feet is less than 25 feet, the average shall be recognized as the minimum front yard setback. In determining the average setback, a vacant lot shall be considered to have a 25-foot front yard setback.

c.

Rear and side yard setbacks abutting public street rights-of-way shall be equal to the required front yard setback for the district.

d.

Balconies, stoops, stairs, open porches or decks, bay windows, and awnings are permitted to encroach into the front yard setback area no more than six feet; and the aforementioned as well as attached garages and carports, into the rear yard setback area no more than 14 feet.

e.

Uncovered parking lots and spaces, sidewalks and walkways, etc., shall have no minimum yard setback.

f.

Minimum yard setbacks for two-family dwellings, condominiums, townhouses, duplexes, and apartments shall not apply to common walls.

(Ord. No. 24-2, 3-12-2024)

605.01. Intent of Limited Business District B-1. This district is designed to provide for a dense and vibrant mix of uses in Bedford's Centertown Central Business District, including retail, food service, offices, residential, and governmental uses. Centertown focuses on walkable streets that serve the daily needs of residents, and on attracting visitors and residents from a larger region.

605.02. Required conditions.

a.

All business servicing, storage or processing shall be conducted within a completely enclosed building except where the nature of the activity makes it impossible; except for displays on the premises; and except as provided for below. Outdoor displays shall contain no more than ten percent of the merchandise offered for sale on the premises.

b.

For retail and service uses, manufacturing, processing or treatment of materials, goods, or products shall occupy less than 40 percent of the floor area.

c.

No lot, building or structure shall be used in whole or in part for any industrial or manufacturing purpose; nor any processing or treatment of materials, goods or products except as specified herein.

d.

Light emitted from any use shall not exceed an illumination level of 0.1 footcandles at any lot line adjoining a residential district nor 1.0 footcandles at any other lot line; no light within 500 feet of a residential district and visible from that district shall exceed 150 footlamberts in brightness.

605.03. Permitted uses; by right.

a.

Accessory uses, provided the requirements of section 802 are met.

b.

Amusement enterprises.

c.

Art or photography studios.

d.

Bed and breakfast lodging provided that off-street parking be provided equal to one space for each lodging room (bedroom). Off-street parking shall not be provided within the front yard setback and such use shall be in keeping with the character of the neighborhood.

e.

Bus terminal facilities, excluding repairs and maintenance, with such attendant restaurant and retail facilities as are customarily incident to the operation thereof and which are primarily oriented to the needs of bus passengers.

f.

Childcare centers.

g.

Clinics and doctors' offices.

h.

Commercial retail.

i.

Commercial services.

j.

Eating establishments.

k.

Financial institutions.

l.

Funeral homes.

m.

Government facilities.

n.

Home occupations.

o.

Homestays.

p.

Hotels, provided that no hotel guest rooms shall occupy the ground or street level along the building's primary street frontage.

q.

Indoor sport facilities.

r.

Libraries.

s.

Lodges.

t.

Meeting and banquet rooms.

u.

Motor vehicle sales and their accessory uses, exclusive of gasoline sales service, which need not be enclosed, provided that any mechanical, tire or body repair must be conducted entirely within a structure which shall not have any opening, other than a stationary window within 100 feet of a residential district; that all vehicles on a used car lot must be in operating conditions at all times.

v.

Multifamily, townhouse, and multifamily condominium developments of a density not exceeding 16 units per acre of a gross site area, provided the requirements of section 811 are met.

w.

Museums, art galleries, civic or cultural centers, historic exhibits.

x.

Offices.

y.

Parking facilities, public or private

z.

Public parks.

aa.

Public utilities.

bb.

Religious assembly.

cc.

Residential uses of all floors in existing commercial structures (other than the front street level), as an ancillary use of such structure, provided that: such uses do not conflict with the commercial vitality of the B-1 zone; such residential units meet the minimum standards of the town; a distinct entrance and enclosed stairway to the upper level dwelling units is provided that is separate from all commercial uses occurring in the same building including, but not limited to sales, storage, and display; adequate parking is provided, either on the same lot, or in a location approved by the zoning administrator.

dd.

Schools.

ee.

Theaters, auditoriums, and performance venues.

ff.

Wineries, breweries, and distilleries.

605.04. Conditional uses. When after review of the application and public hearing thereon, in accordance with section 1002.03, the council finds as a fact that a proposed use is consistent with the intent of this Land Development Ordinance and the land use plan, and is in the public interest, the following uses may be permitted:

a.

Accessory dwelling units.

b.

Cemeteries.

c.

Commercial communications equipment.

d.

Emergency homeless shelters.

e.

Financial institutions, with drive through.

f.

Group homes for children.

g.

Homes for adults, provided that the licensing requirements of Code of Virginia, § 63.2-1800 are met, and that undue concentrations of these facilities at the block or neighborhood level are avoided.

h.

Manufacturing, custom.

i.

Open air market as permitted in section 814.

j.

Parking structures.

k.

Printing, bookbinding, and publishing.

l.

Satellite dishes, provided that the installation is approved by the zoning administrator. In the event that the use of such dish be discontinued, it shall be removed within 90 days.

m.

Single-family dwellings.

n.

Two-family dwellings.

o.

Utilities, private.

605.06. Lot area, width, coverage.

a.

The B-1 Zoning District shall have no minimum lot area or minimum lot width.

b.

The maximum percentage of any lot that may be covered by the footprint of a building shall be 100 percent.

c.

Lot area and lot width for multifamily, townhouse or condominium developments shall meet the requirements specified in section 811.

605.07. Maximum height restrictions.

a.

The maximum height of any building shall not be limited.

b.

Chimneys, water, fire, radio and television towers, church spires, domes, or cupolas, cooling towers, elevator bulkheads, smokestacks, flag poles, silos, granaries, windmills, and similar structures and their necessary mechanical appurtenances may only be erected above the height limits herein established with the specific written approval of the zoning administrator. For structures exceeding 200 feet in height, prior written approval from the Federal Aviation Administration is also necessary.

605.08. Minimum yard setback requirements. The following minimum yard setback requirements from the lot or property line shall apply, unless a more restrictive setback is required for the dedication of an easement:

a.

The minimum front, side and rear yard setbacks shall be as follows:

Front: four feet.

Sides: zero feet.

Rear: zero feet.

b.

When a parcel zoned B-1 abuts a residential district, the side and rear yard setback shall be equal to that of the adjacent residential district.

c.

Uncovered parking lots and spaces, sidewalks, and walkways, etc., shall have no minimum yard setback.

d.

Minimum yard setbacks for two-family dwellings, condominiums, townhouses, duplexes, and apartments shall not apply to common walls.

(Ord. No. 24-2, 3-12-2024)

606.01. Intent of General Business District B-2. This district is designed to accommodate a wide variety of highway and automobile-oriented business uses to which the public requires direct and frequent access, but which are not characterized by either constant, heavy truck traffic other than stocking and delivery of retail goods, or by any nuisance factors other than occasioned by incidental noise of congregation of people and passenger vehicles.

606.02. Required conditions.

a.

All business servicing, storage or processing shall be conducted within a completely enclosed building except where the nature of the activity makes it impossible.

b.

For retail and service uses, manufacturing, processing or treatment of materials, goods, or products shall occupy less than 70 percent of the floor area.

c.

No lot, building or structure shall be used in whole or in part for any industrial or manufacturing purpose; nor any processing or treatment of materials, goods or products except as specified therein. Storage shall be only for products which are sold at retail and on the premises.

d.

Light emitted from any use shall not exceed an illumination level of 0.1 footcandles at any lot line adjoining a residential district nor 1.0 footcandles at any other lot line; no light within 500 feet of a residential district and visible from that district shall exceed 150 footlamberts in brightness.

606.03. Permitted uses; by right.

a.

Accessory uses, provided the requirements of section 802 are met.

b.

Amusement enterprises.

c.

Art or photography studios.

d.

Automobile service stations, provided that:

1.

All operations shall be conducted within a building which shall not have an opening within 100 feet of a residential district other than a stationary window;

2.

There shall be no storage or placing of any parts or waste material outside such building;

3.

All vehicles located outside the building must be in operating conditions at all times;

4.

All drives, parking, and service areas shall be paved in addition to the other site requirements of section 804;

5.

All service and operation areas, other than customer parking, shall be screened from view from any abutting street in accordance with the standards set forth in section 705.03 c, such screening shall be required at all side and rear yards, and all other landscaping requirements of section 705.03 shall apply, notwithstanding the provisions of section 705.01; and

6.

Any towing may only be ancillary to the garage.

e.

Bed and breakfast lodging provided that off-street parking be provided equal to one space for each lodging room (bedroom). Off-street parking shall not be provided within the front yard setback and such use shall be in keeping with the character of the neighborhood.

f.

Bus terminal facilities, excluding repairs and maintenance, with such attendant restaurant and retail facilities as are customarily incident to the operation thereof and which are primarily oriented to the needs of bus passengers.

g.

Car washes, provided that a paved area sufficient to contain a number of vehicles equal to those required in section 806 shall be on the same lot for the storage of vehicles awaiting entrance to the washing process and that the curb breaks be limited to two in accordance with VDOT minimum standards of entrance.

h.

Childcare centers.

i.

Clinics and doctors' offices.

j.

Commercial retail.

k.

Commercial services.

l.

Eating establishments.

m.

Eating establishments, with drive through.

n.

Financial institutions.

o.

Financial institutions, with drive through.

p.

Funeral homes.

q.

Government facilities.

r.

Home occupations.

s.

Homestays.

t.

Hotels.

u.

Indoor sport facilities.

v.

Libraries.

w.

Lodges.

x.

Lumber and/or building materials sales, with supplies stored on site.

y.

Manufacturing, custom.

z.

Meeting and banquet rooms.

aa.

Motor vehicle sales and their accessory uses, exclusive of gasoline sales service, which need not be enclosed, provided that any mechanical, tire or body repair must be conducted entirely within a structure which shall not have any opening, other than a stationary window within 100 feet of a residential district; that all vehicles on a used car lot must be in operating conditions at all times.

bb.

Museums, art galleries, civic or cultural centers, historic exhibits.

cc.

Offices.

dd.

Parking facilities, public or private.

ee.

Plant nurseries.

ff.

Printing, bookbinding, and publishing.

gg.

Public parks.

hh.

Private parks, playgrounds and other outdoor recreation, and open space areas, provided that the proposed use complies with the applicable ordinances and regulations of the town with regard to noise and lighting.

ii.

Public utilities.

jj.

Rehabilitation facilities, provided that any associated commercial or industrial work or training programs comply with all requirements of similar uses in the same district.

kk.

Religious assembly.

ll.

Residential uses of all floors in existing commercial structures (other than the front street level), as an ancillary use of such structure, provided that: such uses do not conflict with the commercial vitality of the B-1 zone; such residential units meet the minimum standards of the town; a distinct entrance and enclosed stairway to the upper level dwelling units is provided that is separate from all commercial uses occurring in the same building including, but not limited to sales, storage, and display; adequate parking is provided, either on the same lot, or in a location approved by the zoning administrator.

mm.

Schools.

nn.

Theaters, auditoriums, and performance venues.

oo.

Veterinary hospital or animal shelter for small animals, provided that noise shall not exceed a level of 65 dBA-L2 at any lot line adjoining a residential district, nor a level of 75 dBA-110 at any other lot line; that no boarding of animals shall be permitted other than that necessitated by illness of the animal; that all exercise areas be completely fenced in and screened from casual view; and that, except for exercising, all activities shall be conducted completely within a building.

pp.

Wineries, breweries, and distilleries.

606.04. Conditional uses. When, after review of the application and public hearing thereon, in accordance with section 1002.03, the council finds that a proposed use is consistent with the intent of this Land Development Ordinance and the land use plan, and is in the public interest, the following uses may be permitted:

a.

Cemeteries.

b.

Commercial communications equipment.

c.

Data processing facilities.

d.

Emergency homeless shelters.

e.

Group homes for children.

f.

Homes for adults, provided that the licensing requirements of Code of Virginia, § 63.2-1800 are met, and that undue concentrations of these facilities at the block or neighborhood level are avoided.

g.

Hospital or nursing home.

h.

Kennels.

i.

Licensed group homes for children.

j.

Manufacturing, light.

k.

Mobile home parks, provided a site plan is approved in accordance with the requirements of section 810.

l.

Multifamily, townhouse, and multifamily condominium developments of a density not exceeding 16 units per acre of a gross site area, provided the requirements of section 811 are met.

m.

Pharmaceuticals, diagnostic testing and other laboratories.

n.

Tattoo parlors.

o.

Satellite dishes, provided that the installation is approved by the zoning administrator. In the event that the use of such dish be discontinued, it shall be removed within 90 days.

p.

Travel parks, subject to requirements of section 817.

q.

Warehousing, mini-storage or mini-warehouse units, provided that:

1.

They are not used in connection with retail or wholesale businesses on the same premises;

2.

The front setback shall be 25 feet with required landscaping;

3.

Side and rear setbacks shall be 20 feet; and

4.

Brick shall be required on all sides of units that will be visible from the public right-of-way of streets.

r.

Utilities, private.

606.05. Lot area, width, coverage, and frontage.

a.

The minimum lot area shall be 25,000 square feet.

b.

The minimum lot width at the setback line shall be 100 feet for lots with frontage on one public street and 125 feet for corner lots fronting on two or more public streets. 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.

c.

The maximum percentage of any lot that may be covered by the footprint of a building shall be 40 percent.

d.

Lot area and lot width for multifamily, townhouse or condominium developments shall meet the requirements specified in section 811.

606.06. Maximum height restrictions.

a.

The maximum height of any building shall be 50 feet.

b.

Chimneys, water, fire, radio and television towers, church spires, domes, or cupolas, cooling towers, elevator bulkheads, smokestacks, flag poles, silos, granaries, windmills, and similar structures and their necessary mechanical appurtenances may only be erected above the height limits herein established with the specific written approval of the zoning administrator. For structures exceeding 200 feet in height, prior written approval from the Federal Aviation Administration is also necessary.

606.07. Minimum yard setback requirements. The following minimum yard setback requirements from the lot or property line shall apply, unless a more restrictive setback is required for the dedication of an easement:

a.

The minimum front, side and rear yard setbacks shall be as follows:

Front: 25 feet.

Sides: 25 feet.

Rear: 25 feet.

b.

Balconies, stoops, stairs, open porches or decks, bay windows, and awnings are permitted to encroach into the front yard setback area no more than six feet; and the aforementioned as well as attached garages and carports, into the rear yard setback area no more than 14 feet.

c.

Uncovered parking lots and spaces, sidewalks and walkways, etc., shall have no minimum yard setback.

d.

Minimum yard setbacks for two-family dwellings, condominiums, townhouses, duplexes, and apartments shall not apply to common walls.

(Ord. No. 24-2, 3-12-2024; Ord. No. 25-1, § 3, 1-14-2025)

607.01. Intent of Commercial/Light Industry CLI. This district is a blend of commercial/business and light industrial uses. The permitted uses may require direct public access and light trucking for storage and/or delivery and is not intended for heavy manufacturing or employment.

607.02. Performance requirements. All uses shall meet the following requirements and conditions:

a.

All business, servicing, storage, or processing shall be conducted within a completely enclosed building except where the nature of the activity makes it impossible.

b.

The following uses are permitted, provided all operations are conducted in a building which shall not have any opening other than a stationary window within 100 feet of a residential district and which shall not store or otherwise maintain any parts or waste material outside such building.

c.

All industrial uses shall comply with the requirements of the Virginia State Air Pollution Control Laws.

d.

Applicants for permits may be required to furnish certification from a registered professional engineer indicating compliance with the following:

1.

The noise generated by the use shall not exceed a level of 65 dBA-L2 at any lot line adjoining a residential district, nor a level of 75 dBA-L10 at any lot adjoining commercial or industrial districts.

2.

Light emitted for any operation or activity shall not exceed an illumination level of 0.1 footcandles at any lot line adjoining a residential district, nor 1.0 footcandles at any lot line adjoining a commercial or industrial district; no light source with an intrinsic brightness level of 150 footlamberts or greater shall be located within 500 feet of any residential district from which such light would be visible; no light emitted from the operation or activity and visible from adjoining properties shall have an intrinsic brightness level exceeding 350 footcandles.

3.

Maximum vibration, as expressed in terms of the vector sum particle velocity as measured by a three component measuring system capable of simultaneous measurement of vibration in three mutually perpendicular directions, shall not exceed 0.1 inches per second at the lot line of the proposed use, 0.05 inches per second in any commercial district, and 0.02 inches per second in any residential district.

607.03. Permitted uses by right.

a.

Accessory uses.

b.

Automotive repair services, major.

c.

Amusement enterprises.

d.

Art or photography studios.

e.

Automobile service stations, provided that:

1.

All operations shall be conducted within a building which shall not have an opening within 100 feet of a residential district other than a stationary window;

2.

There shall be no storage or placing of any parts or waste material outside such building;

3.

All vehicles located outside the building must be in operating conditions at all times;

4.

All drives, parking, and service areas shall be paved in addition to the other site requirements of section 804;

5.

All service and operation areas, other than customer parking, shall be screened from view from any abutting street in accordance with the standards set forth in section 809; and

6.

Any towing may only be ancillary to the garage.

f.

Blacksmith shop, welding, or machine shop.

g.

Bottling plants or distribution operations.

h.

Building and contractor's storage and equipment yards when located entirely within a building or structure.

i.

Bus terminal facilities, excluding repairs and maintenance, with such attendant restaurant and retail facilities as are customarily incident to the operation thereof and which are primarily oriented to the needs of bus passengers.

j.

Car washes, provided that a paved area sufficient to contain a number of vehicles equal to those required in section 806 shall be on the same lot for the storage of vehicles awaiting entrance to the washing process and that the curb breaks be limited to two in accordance with VDOT minimum standards of entrance.

k.

Childcare centers.

l.

Clinics and doctors' offices.

m.

Commercial communications equipment.

n.

Funeral homes.

o.

Government facilities.

p.

Hydroponic agriculture.

q.

Indoor sport facilities.

r.

Libraries.

s.

Lumber and/or building materials sales, with supplies stored on site.

t.

Manufacturing, custom.

u.

Manufacturing, light.

v.

Motor vehicle sales.

w.

Museums, art galleries, civic or cultural centers, historic exhibits.

x.

Offices.

y.

Parking facilities, public or private.

z.

Pharmaceuticals, diagnostic testing and other laboratories.

aa.

Plant nurseries.

bb.

Printing, bookbinding, and publishing.

cc.

Public parks.

dd.

Rehabilitation facilities, provided that any associated commercial or industrial work or training programs comply with all requirements of similar uses in the same district.

ee.

Religious assembly.

ff.

Veterinary hospital or animal shelter for small animals, provided that noise shall not exceed a level of 65 dBA-L2 at any lot line adjoining a residential district, nor a level of 75 dBA-110 at any other lot line; that no boarding of animals shall be permitted other than that necessitated by illness of the animal; that all exercise areas be completely fenced in and screened from casual view; and that, except for exercising, all activities shall be conducted completely within a building.

gg.

Warehousing, mini-storage, or warehouse units totaling less than 15,000 square feet floor gross floor area, provided:

1.

The front setback shall be 25 feet with required landscaping;

2.

Side and rear setbacks shall be 20 feet; and

3.

Brick shall be required on all sides of units that will be visible from the public right-of-way of streets.

hh.

Winery, brewery, or distillery.

ii.

Utilities, public.

607.04. Conditional uses. When after review of the application and public hearing thereon in accordance with section 1002.03, the council finds that a proposed use is consistent with the intent of this Land Development Ordinance and the land use plan, and is in the public interest, the following uses may be permitted:

a.

Commercial retail.

b.

Commercial services.

c.

Data processing facilities.

d.

Eating establishments.

e.

Eating establishment, with drive through.

f.

Lodges.

g.

Private parks, playgrounds and other outdoor recreation, and open space areas, whether public or private; provided that the proposed use complies with the applicable ordinances and regulations of the town with regard to noise and lighting.

h.

Satellite dishes.

i.

Schools.

j.

Utilities, private.

607.05. Lot area, width, coverage, and frontage.

a.

The minimum lot area shall be 25,000 square feet.

b.

The minimum lot width at the setback line shall be 100 feet for lots with frontage on one public street and 125 feet for corner lots fronting on two or more public streets. 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.

c.

The maximum percentage of any lot that may be covered by the footprint of a building shall be 40 percent.

607.06. Maximum height restrictions.

a.

The maximum height of any building shall be 50 feet.

b.

Chimneys, water, fire, radio and television towers, church spires, domes, or cupolas, cooling towers, elevator bulkheads, smokestacks, flag poles, silos, granaries, windmills, and similar structures and their necessary mechanical appurtenances may only be erected above the height limits herein established with the specific written approval of the zoning administrator. For structures exceeding 200 feet in height, prior written approval from the Federal Aviation Administration is also necessary.

607.07. Minimum yard setback requirements. The following minimum yard setback requirements from the lot or property line shall apply, unless a more restrictive setback is required for the dedication of an easement:

a.

The minimum front, side and rear yard setbacks shall be as follows:

Front: 25 feet.

Sides: 25 feet.

Rear: 25 feet.

b.

Balconies, stoops, stairs, open porches or decks, bay windows, and awnings are permitted to encroach into the front yard setback area no more than six feet; and the aforementioned as well as attached garages and carports, into the rear yard setback area no more than 14 feet.

c.

Uncovered parking lots and spaces, sidewalks and walkways, etc., shall have no minimum yard setback.

(Ord. No. 24-2, 3-12-2024; Ord. No. 25-1, §§ 3, 11, 1-14-2025)

608.01. Intent of Manufacturing District M-1. It is the intent of this district to accommodate industrial uses that provide desirable employment, consistent with the goal of maintaining the town's high environmental quality. To this end, high performance requirements are established and additional protection from adverse environmental effects is provided for residential districts bordering the district. The district is protected against encroachment from commercial or residential uses.

608.02. Performance requirements. All uses shall meet the following requirements and conditions:

a.

All business, servicing, storage, or processing shall be conducted within a completely enclosed building except where the nature of the activity makes it impossible, as for example off-street loading and automobile parking for customers while on the premises; and except for storage yards.

b.

All permits issued for uses in the Manufacturing District M-1 shall include a provision specifying compliance with all applicable state and federal environmental laws and regulations; copies of required state and federal permits must be presented to the building official prior to the approval of site plans and issuance of building permits for manufacturing uses.

c.

Applicants for permits may be required to furnish certification from a registered professional engineer indicating compliance with the following:

1.

The noise generated by the use shall not exceed a level of 65 dBA-L2 at any lot line adjoining a residential district, nor a level of 75 dBA-L10 at any lot adjoining commercial or industrial districts.

2.

Light emitted for any operation or activity shall not exceed an illumination level of 0.1 footcandles at any lot line adjoining a residential district, nor 1.0 footcandles at any lot line adjoining a commercial or industrial district; no light source with an intrinsic brightness level of 150 footlamberts or greater shall be located within 500 feet of any residential district from which such light would be visible; no light emitted from the operation or activity and visible from adjoining properties shall have an intrinsic brightness level exceeding 350 footcandles.

3.

Maximum vibration, as expressed in terms of the vector sum particle velocity as measured by a three component measuring system capable of simultaneous measurement of vibration in three mutually perpendicular directions, shall not exceed 0.2 inches per second at the lot line of the proposed use, 0.1 inches per second in any commercial district, and 0.02 inches per second in any residential district.

608.03. Permitted uses by right.

a.

Accessory uses.

b.

Automotive repair services, major.

c.

Automobile service stations, provided that:

1.

All operations shall be conducted within a building which shall not have an opening within 100 feet of a residential district other than a stationary window;

2.

There shall be no storage or placing of any parts or waste material outside such building;

3.

All vehicles located outside the building must be in operating conditions at all times;

4.

All drives, parking, and service areas shall be paved in addition to the other site requirements of section 804;

5.

All service and operation areas, other than customer parking, shall be screened from view from any abutting street in accordance with the standards set forth in section 809; and

6.

Any towing may only be ancillary to the garage.

d.

Motor vehicle sales and their accessory uses which need not be enclosed, provided that any mechanical or body repair must be conducted entirely within a structure which shall not have any opening other than a stationary window within 100 feet of a residential district and that all vehicles on used car sales lots must be in operating condition at all times.

e.

Blacksmith shop, welding, or machine shop.

f.

Bottling plants or distribution operations.

g.

Building and contractor's storage and equipment yards when located entirely within a building or fenced-in area.

h.

Commercial communication equipment.

i.

Data processing facilities.

j.

Hydroponic agriculture.

k.

Indoor sport facilities.

l.

Kennels.

m.

Manufacturing, custom.

n.

Manufacturing, light.

o.

Manufacturing, heavy.

p.

Parking facilities, public or private.

q.

Pharmaceutical, diagnostic, testing, and other laboratories.

r.

Printing, bookbinding, and publishing.

s.

Public parks.

t.

Public sanitary or solid waste management facilities.

u.

Parking facilities, public or private.

v.

Transportation terminal facilities.

w.

Warehousing, mini-storage, or mini-warehouse units.

x.

Winery, brewery, or distillery.

y.

Utilities, public.

608.04. Prohibited uses. The following uses are prohibited:

a.

Junkyards.

b.

Any use involving explosive, highly inflammable, or highly radioactive material including but not limited to the following:

1.

Celluloid or pyroxylin manufacture, processing, or storage; or the manufacture or storage of any related explosive or highly inflammable cellulose product.

2.

Fireworks or explosive manufacture or storage in bulk.

3.

Acetylene gas and other gas manufacture on a commercial basis.

4.

Gas storage under a pressure exceeding 100 pounds per square inch in a quantity exceeding 200 cubic feet.

5.

Match manufacturing.

6.

Petroleum refining.

7.

Potash manufacture.

c.

The following manufacturing industries, as designated by the North American Industry Classification System (NAICS) subject to final approval by the Virginia Department of Environmental Quality (DEQ):

1.

Metal mining, including establishments primarily engaged in mining or developing mines.

2.

Mining and quarrying of nonmetallic minerals.

3.

Pulp mills.

4.

Paper mills.

5.

Paperboard mills.

608.05. Conditional uses. When after review of the application and public hearing thereon in accordance with section 1002.03, the council finds that a proposed use is consistent with the intent of this Land Development Ordinance and the land use plan, and is in the public interest, the following uses may be permitted:

a.

Car washes, provided that a paved area sufficient to contain a number of vehicles equal to those required in section 806 shall be on the same lot for the storage of vehicles awaiting entrance to the washing process and that the curb breaks be limited to two in accordance with VDOT minimum standards of entrance.

b.

Government facilities.

c.

Lumber and/or building materials sales, with supplies stored on site.

d.

Private parks, playgrounds and other outdoor recreation, and open space areas, whether public or private; provided that the proposed use complies with the applicable ordinances and regulations of the town with regard to noise and lighting.

e.

Satellite dishes.

f.

Veterinary hospital or animal shelter for small animals, provided that noise shall not exceed a level of 65 dBA-L2 at any lot line adjoining a residential district, nor a level of 75 dBA-110 at any other lot line; that no boarding of animals shall be permitted other than that necessitated by illness of the animal; that all exercise areas be completely fenced in and screened from casual view; and that, except for exercising, all activities shall be conducted completely within a building.

g.

Utilities, private.

608.06. Lot area, width, coverage, and frontage.

a.

The minimum lot area shall be 25,000 square feet.

b.

The minimum lot width at the setback line shall be 100 feet for lots with frontage on one public street and 125 feet for corner lots fronting on two or more public streets. 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.

c.

The maximum percentage of any lot that may be covered by the footprint of a building shall be 40 percent.

608.07. Maximum height restrictions.

a.

Maximum building height shall not be limited.

b.

For structures exceeding 200 feet in height, prior written approval from the Federal Aviation Administration is also necessary.

608.08. Minimum yard setback requirements. The following minimum yard setback requirements from the lot or property line shall apply, unless a more restrictive setback is required for the dedication of an easement:

a.

The minimum front, side and rear yard setbacks shall be as follows:

Front: 25 feet.

Sides: 25 feet.

Rear: 25 feet.

b.

Balconies, stoops, stairs, open porches or decks, bay windows, and awnings are permitted to encroach into the front yard setback area no more than six feet; and the aforementioned as well as attached garages and carports, into the rear yard setback area no more than 14 feet.

c.

Uncovered parking lots and spaces, sidewalks, and walkways, etc., shall have no minimum yard setback.

(Ord. No. 24-2, 3-12-2024; Ord. No. 25-1, §§ 3, 11, 1-14-2025)

609.01. Intent of Workplace Campus District WPC. The workplace campus district is intended to provide what is generally known as an industrial park for the location of environmentally clean light and medium manufacturing activities, warehousing, wholesale distribution, research and development, and office complexes. Certain uses of a commercial or business nature which serve the employees who work on site are incorporated as accessory uses in order to provide an attractive work environment.

609.02. Permitted uses by right.

a.

Accessory uses, including uses such as restaurants and limited retail shops, which serve the employees who work on site in order to provide an attractive work environment, provided that such accessory uses are located within the primary building and the square footage of such accessory uses does not exceed ten percent of the gross floor area.

b.

Amusement enterprises.

c.

Art or photography studios.

d.

Automobile service stations, provided that:

1.

All operations shall be conducted within a building which shall not have an opening within 100 feet of a residential district other than a stationary window;

2.

There shall be no storage or placing of any parts or waste material outside such building;

3.

All vehicles located outside the building must be in operating conditions at all times;

4.

All drives, parking, and service areas shall be paved in addition to the other site requirements of section 804;

5.

All service and operation areas, other than customer parking, shall be screened from view from any abutting street in accordance with the standards set forth in section 809; and

6.

Any towing may only be ancillary to the garage.

e.

Blacksmith shop, welding, or machine shop.

f.

Bottling plants or distribution operations.

g.

Building and contractor's storage and equipment yards when located entirely within a building or structure.

h.

Bus terminal facilities, excluding repairs and maintenance, with such attendant restaurant and retail facilities as are customarily incident to the operation thereof and which are primarily oriented to the needs of bus passengers.

i.

Car washes, provided that a paved area sufficient to contain a number of vehicles equal to those required in section 806 shall be on the same lot for the storage of vehicles awaiting entrance to the washing process and that the curb breaks be limited to two in accordance with VDOT minimum standards of entrance.

j.

Childcare centers.

k.

Clinics and doctors' offices.

l.

Commercial communications equipment.

m.

Data processing facilities.

n.

Funeral homes.

o.

Government facilities.

p.

Hydroponic agriculture.

q.

Indoor sport facilities.

r.

Libraries, provided that the requirements of section 705 are met.

s.

Lumber and/or building materials sales, with supplies stored on site.

t.

Manufacturing, custom.

u.

Manufacturing, light.

v.

Manufacturing, heavy.

w.

Meeting and banquet rooms.

x.

Motor vehicle sales.

y.

Museums, art galleries, civic or cultural centers, historic exhibits.

z.

Offices.

aa.

Parking facilities, public or private.

bb.

Pharmaceuticals, diagnostic testing and other laboratories.

cc.

Plant nurseries.

dd.

Printing, bookbinding, and publishing.

ee.

Public parks.

ff.

Public sanitary or solid waste management facilities.

gg.

Rehabilitation facilities, provided that any associated commercial or industrial work or training programs comply with all requirements of similar uses in the same district.

hh.

Religious assembly.

ii.

Transportation terminal facilities.

jj.

Veterinary hospital or animal shelter for small animals, provided that noise shall not exceed a level of 65 dBA-L2 at any lot line adjoining a residential district, nor a level of 75 dBA-110 at any other lot line; that no boarding of animals shall be permitted other than that necessitated by illness of the animal; that all exercise areas be completely fenced in and screened from casual view; and that, except for exercising, all activities shall be conducted completely within a building.

kk.

Warehousing, mini-storage, or warehouse units totaling less than 15,000 square feet floor gross floor area, provided:

1.

The front setback shall be 25 feet with required landscaping;

2.

Side and rear setbacks shall be 20 feet; and

3.

Brick shall be required on all sides of units that will be visible from the public right-of-way of streets.

ll.

Winery, brewery, or distillery.

mm.

Utilities, public.

609.03. Conditional uses. When after review of the application and public hearing thereon in accordance with section 1002.03, the council finds as a fact that a proposed use is consistent with the intent of this Land Development Ordinance and the land use plan, and is in the public interest, the following uses may be permitted:

a.

Automotive repair services, major.

b.

Lodges.

c.

Private parks, playgrounds and other outdoor recreation, and open space areas, whether public or private; provided that the proposed use complies with the applicable ordinances and regulations of the town with regard to noise and lighting.

d.

Satellite dishes.

e.

Schools.

f.

Utilities, private.

609.04. Lot area, width, coverage, and frontage.

a.

The minimum lot area shall be 25,000 square feet.

b.

The minimum lot width at the setback line shall be 100 feet for lots with frontage on one public street and 125 feet for corner lots fronting on two or more public streets. 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.

c.

The maximum percentage of any lot that may be covered by the footprint of a building shall be 50 percent.

609.05. Maximum height restrictions.

a.

Maximum building height shall not be limited.

b.

For structures exceeding 200 feet in height, prior written approval from the Federal Aviation Administration is also necessary.

609.06. Minimum yard setback requirements. The following minimum yard setback requirements from the lot or property line shall apply, unless a more restrictive setback is required for the dedication of an easement:

a.

The minimum front, side and rear yard setbacks shall be as follows:

Front: 25 feet.

Sides: 25 feet.

Rear: 25 feet.

b.

Balconies, stoops, stairs, open porches or decks, bay windows, and awnings are permitted to encroach into the front yard setback area no more than six feet; and the aforementioned as well as attached garages and carports, into the rear yard setback area no more than 14 feet.

c.

Uncovered parking lots and spaces, sidewalks and walkways, etc., shall have no minimum yard setback.

(Ord. No. 24-2, 3-12-2024; Ord. No. 25-1, §§ 3, 11, 1-14-2025)

610.01. Intent of Central Neighborhood Workplace District CNW. The Central Neighborhood Workplace District is intended to allow for a mixture of uses within historic industrial buildings in the central area of the town. A full range of uses from residential to industrial are incorporated in order to preserve historic structures and enhance their viability as employment and commercial service centers in a way that does not compromise the integrity of adjacent neighborhoods.

610.02. Permitted uses. The following uses are permitted:

a.

Accessory uses, provided the requirements of section 802 are met.

b.

Amusement enterprises.

c.

Art or photography studios.

d.

Automobile service stations, provided that:

1.

All operations shall be conducted within a building which shall not have an opening within 100 feet of a residential district other than a stationary window;

2.

There shall be no storage or placing of any parts or waste material outside such building;

3.

All vehicles located outside the building must be in operating conditions at all times;

4.

All drives, parking, and service areas shall be paved in addition to the other site requirements of section 804;

5.

All service and operation areas, other than customer parking, shall be screened from view from any abutting street in accordance with the standards set forth in section 809; and

6.

Any towing may only be ancillary to the garage.

e.

Bed and breakfast lodging provided that off-street parking be provided equal to one space for each lodging room (bedroom). Off-street parking shall not be provided within the front yard setback and such use shall be in keeping with the character of the neighborhood.

f.

Blacksmith shop, welding, or machine shop.

g.

Bottling plants or distribution operations

h.

Building and contractor's storage and equipment yards when located entirely within a building or structure.

i.

Bus terminal facilities, excluding repairs and maintenance, with such attendant restaurant and retail facilities as are customarily incident to the operation thereof and which are primarily oriented to the needs of bus passengers.

j.

Childcare centers.

k.

Clinics and doctors' offices.

l.

Commercial communications equipment.

m.

Commercial retail.

n.

Commercial services.

o.

Eating establishments.

p.

Financial institutions.

q.

Funeral homes.

r.

Government facilities.

s.

Home occupations.

t.

Homestays

u.

Hotels.

v.

Hydroponic agriculture.

w.

Indoor sport facilities.

x.

Libraries.

y.

Lodges.

z.

Manufacturing, custom.

aa.

Manufacturing, light.

bb.

Meeting and banquet rooms.

cc.

Motor vehicle sales and their accessory uses, exclusive of gasoline sales service, which need not be enclosed, provided that any mechanical, tire or body repair must be conducted entirely within a structure which shall not have any opening, other than a stationary window within 100 feet of a residential district; that all vehicles on a used car lot must be in operating conditions at all times.

dd.

Multifamily, townhouse, and multifamily condominium developments of a density not exceeding 16 units per acre of a gross site area, provided the requirements of section 811 are met.

ee.

Museums, art galleries, civic or cultural centers, historic exhibits.

ff.

Offices.

gg.

Parking facilities, public or private.

hh.

Pharmaceuticals, diagnostic testing, and other laboratories.

ii.

Plant nurseries.

jj.

Printing, bookbinding, and publishing.

kk.

Private parks, playgrounds and other outdoor recreation, and open space areas, whether public or private; provided that the proposed use complies with the applicable ordinances and regulations of the town with regard to noise and lighting.

ll.

Public parks.

mm.

Rehabilitation facilities, provided that any associated commercial or industrial work or training programs comply with all requirements of similar uses in the same district.

nn.

Religious assembly.

oo.

Residential uses of all floors in existing commercial structures (other than the front street level), as an ancillary use of such structure, provided that: such residential units meet the minimum standards of the town; a distinct entrance and enclosed stairway to the upper level dwelling units is provided that is separate from all commercial uses occurring in the same building including, but not limited to sales, storage, and display; adequate parking is provided, either on the same lot, or in a location approved by the zoning administrator.

pp.

Schools.

qq.

Theaters, auditoriums, and performance venues.

rr.

Transportation terminal facilities.

ss.

Veterinary hospital or animal shelter for small animals, provided that noise shall not exceed a level of 65 dBA-L2 at any lot line adjoining a residential district, nor a level of 75 dBA-110 at any other lot line; that no boarding of animals shall be permitted other than that necessitated by illness of the animal; that all exercise areas be completely fenced in and screened from casual view; and that, except for exercising, all activities shall be conducted completely within a building.

tt.

Warehousing, mini-storage, or warehouse units totaling less than 15,000 square feet floor gross floor area, provided:

1.

The front setback shall be 25 feet with required landscaping;

2.

Side and rear setbacks shall be 20 feet; and

3.

Brick shall be required on all sides of units that will be visible from the public right-of-way of streets.

uu.

Winery, brewery, or distillery.

vv.

Utilities, public.

610.03. Conditional uses. When after review of the application and public hearing thereon in accordance with section 1002.03, the council finds as a fact that a proposed use is consistent with the intent of this Land Development Ordinance and the land use plan, and is in the public interest, the following uses may be permitted:

a.

Automotive repair services, major.

b.

Car washes, provided that a paved area sufficient to contain a number of vehicles equal to those required in section 806 shall be on the same lot for the storage of vehicles awaiting entrance to the washing process and that the curb breaks be limited to two in accordance with VDOT minimum standards of entrance.

c.

Emergency homeless shelters.

d.

Financial institutions, with drive through.

e.

Group homes for children.

f.

Homes for adults, provided that the licensing requirements of Code of Virginia, § 63.2-1800 are met, and that undue concentrations of these facilities at the block or neighborhood level are avoided.

g.

Hospital or nursing home.

h.

Lumber and/or building materials sales, with supplies stored on site.

i.

Manufacturing, heavy.

j.

Open air market as permitted in section 908.

k.

Parking structures.

l.

Public sanitary or solid waste management facilities.

m.

Satellite dishes.

n.

Utilities, private.

610.04. Lot area, width, coverage.

a.

The CNW Zoning District shall have no minimum lot area or minimum lot width.

b.

The maximum percentage of any lot that may be covered by the footprint of a building shall be 100 percent.

c.

Lot area and lot width for multifamily, townhouse or condominium developments shall meet the requirements specified in section 811.

610.05. Maximum height restrictions.

a.

The maximum height of any building shall be limited to 50 feet.

b.

Chimneys, water, fire, radio and television towers, church spires, domes, or cupolas, cooling towers, elevator bulkheads, smokestacks, flag poles, silos, granaries, windmills, and similar structures and their necessary mechanical appurtenances may only be erected above the height limits herein established with the specific written approval of the zoning administrator. For structures exceeding 200 feet in height, prior written approval from the Federal Aviation Administration is also necessary.

610.06. Minimum yard setback requirements. The following minimum yard setback requirements from the lot or property line shall apply, unless a more restrictive setback is required for the dedication of an easement:

a.

The minimum front, side and rear yard setbacks shall be as follows:

Front: four feet.

Sides: zero feet.

Rear: zero feet.

b.

When a parcel zoned CNW abuts a residential district, the side and rear yard setback shall be equal to that of the adjacent residential district.

c.

Uncovered parking lots and spaces, sidewalks, and walkways, etc., shall have no minimum yard setback.

d.

Minimum yard setbacks for two-family dwellings, condominiums, townhouses, duplexes, and apartments shall not apply to common walls.

610.07. Design standards. The following design standards shall apply for all structures within the Central Neighborhood Workplace District:

a.

Building and street facades must extend parallel to frontage property lines.

b.

Unless contained within an on-site structure, off-street parking should be located to the rear of all buildings as allowed by existing site conditions.

c.

Hedges, garden walls or fences may be built on property lines or as the continuation of building walls. A garden wall, fence or hedge with a minimum height of three feet shall be installed along any street frontage adjacent to parking areas.

d.

Main pedestrian access to any building shall be from the street it faces. Secondary access may be provided from parking areas.

(Ord. No. 24-2, 3-12-2024; Ord. No. 25-1, §§ 3, 11, 1-14-2025)

611.01. Intent of Flood Hazard District FH. The primary purpose of this district is to preserve and protect lives and property in the floodplains of the town and to satisfy the United States Department of Housing and Urban Development and the state water control board requirements for full entry into the National Flood Insurance Program, upon adoption of the official flood hazard district map from an engineering study.

611.02. Statutory authorization and purpose. This Land Development Ordinance is adopted pursuant to the authority granted to localities by Code of Virginia § 15.2-2280. The purpose of these provisions is to prevent: the loss of life and property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:

a.

Regulating uses, activities, and development which, alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies;

b.

Restricting or prohibiting certain uses, activities, and development from locating within districts subject to flooding;

c.

Requiring all those uses, activities, and developments that do occur in flood-prone districts to be protected and/or floodproofed against flooding and flood damage; and

d.

Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards.

611.03. Applicability. These provisions shall apply to all privately and publicly owned lands within the jurisdiction of the Town of Bedford and identified as being floodprone.

611.04. Compliance and liability.

a.

No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this Land Development Ordinance and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this Land Development Ordinance.

b.

The degree of flood protection sought by the provisions of this Land Development Ordinance is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study, but does not imply total flood protection. Larger floods may occur on rare occasions. Flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This Land Development Ordinance does not imply that districts outside the floodplain district or land uses permitted within such district will be free from flooding or flood damages.

c.

Records of actions associated with administering this Land Development Ordinance shall be kept on file and maintained by the planning department.

d.

This Land Development Ordinance shall not create liability on the part of the Town of Bedford or any officer or employee thereof for any flood damages that result from reliance on this Land Development Ordinance or any administrative decision lawfully made thereunder.

611.05. Abrogation and greater restrictions. This Land Development Ordinance supersedes any ordinance currently in effect in flood-prone districts. Any ordinance, however, shall remain in full force and effect to the extent that its provisions are more restrictive.

611.06. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this Land Development Ordinance shall be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this Land Development Ordinance. The remaining portions shall remain in full force and effect; and for this purpose, the provisions of this Land Development Ordinance are hereby declared to be severable.

611.07. Penalty for violations. Any person who fails to comply with any of the requirements or provisions of this article or directions of the director of planning or any authorized employee of the Town of Bedford shall be guilty of a misdemeanor and subject to the penalties therefore.

In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this article. The imposition of a fine or penalty for any violation of, or noncompliance with, this article shall not excuse the violation or noncompliance or permit it to continue; and all such persons shall be required to correct or remedy such violations or noncompliances within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this article may be declared by the Town of Bedford to be a public nuisance and abatable as such. Flood insurance may be withheld from structures constructed in violation of this article.

611.08. Description of floodplain zoning districts.

a.

Basis of districts. The various floodplain districts shall include special flood hazard areas. The basis for the delineation of these districts shall be the flood insurance study (FIS) and the flood insurance rate maps (FIRM) for the Town of Bedford prepared by the Federal Emergency Management Agency, Federal Insurance Administration, dated September 29, 2010, and any subsequent revisions or amendments thereto.

The boundaries of the special flood hazard area and floodplain districts are established as shown on the flood insurance rate map which is declared to be a part of this Land Development Ordinance and which shall be kept on file at the planning department offices.

1.

The Floodway District is delineated, for purposes of this Land Development Ordinance, using the criterion that certain areas within the floodplain must be capable of carrying the waters of the 100-year flood without increasing the water surface elevation of that flood more than one foot at any point. The areas included in this district are specifically defined in the above-referenced flood insurance study and shown on the accompanying flood insurance rate map.

2.

The Special Floodplain District shall be those areas identified as an AE zone on the maps accompanying the Flood Insurance Study for which 100-year flood elevations have been provided.

3.

The Approximated Floodplain District shall be those areas identified as an A or A99 zone on the maps accompanying the flood insurance study. In these zones, no detailed flood profiles or elevations are provided, but the 100-year floodplain boundary has been approximated. For these areas, the 100-year flood elevations and floodway information from federal, state, and other acceptable sources shall be used, when available. Where the specific 100-year flood elevation cannot be determined for this area using other sources of data, such as the U.S. Army Corps of Engineers Flood Plain Information Reports, U.S. Geological Survey Flood-prone Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently-accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the governing body.

4.

The Shallow Flooding District shall be those areas identified as zone AO or AH on the maps accompanying the flood insurance study.

b.

Overlay concept.

1.

The floodplain districts described above shall be overlays to the existing underlying districts as shown on the official zoning ordinance map, and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions.

2.

If there is any conflict between the provisions or requirements of the floodplain districts and those of any underlying district, the more restrictive provisions and/or those pertaining to the floodplain districts shall apply.

3.

In the event any provision concerning a floodplain district is declared inapplicable as a result of any legislative or administrative actions or judicial decision, the basic underlying provisions shall remain applicable.

611.09. District boundary changes. The delineation of any of the floodplain districts may be revised by the Town of Bedford where natural or manmade changes have occurred and/or where more detailed studies have been conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency, or an individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration.

611.10. Interpretation of district boundaries. Initial interpretations of the boundaries of the floodplain districts shall be made by the zoning officer. Should a dispute arise concerning the boundaries of any of the districts, the board of zoning appeals shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the board and to submit his own technical evidence if he so desires.

611.11. Submitting technical data. A community's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, a community shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.

611.12. Permit and application requirements.

a.

Permit requirement. All uses, activities, and development occurring within any floodplain district, including placement of manufactured homes, shall be undertaken only upon the issuance of a zoning permit. Such development shall be undertaken only in strict compliance with the provisions of this Land Development Ordinance and with all other applicable codes and ordinances, as amended, such as the Virginia Uniform Statewide Building Code (VA USBC) and article XIII of the land development regulations. Prior to the issuance of any such permit, the zoning administrator shall require all applications to include compliance with all applicable state and federal laws and shall review all sites to assure they are reasonably safe from flooding. Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system.

b.

Site plans and permit applications. All applications for development within any floodplain district and all building permits issued for the floodplain shall incorporate the following information:

1.

The elevation of the base flood at the site.

2.

The elevation of the lowest floor (including basement).

3.

For structures to be floodproofed (nonresidential only), the elevation to which the structure will be floodproofed.

4.

Topographic information showing existing and proposed ground elevations.

611.13. General standards. The following provisions shall apply to all permits:

a.

New construction and substantial improvements shall be according to the VA USBC, and anchored to prevent flotation, collapse or lateral movement of the structure.

b.

Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state anchoring requirements for resisting wind forces.

c.

New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

d.

New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.

e.

Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

f.

New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

g.

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.

h.

On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.

In addition to provisions a.—h. above, in all special flood hazard areas, the additional provisions shall apply:

i.

Prior to any proposed alteration or relocation of any channels or of any watercourse, stream, etc., within this jurisdiction a permit shall be obtained from the U.S. Corps of Engineers, the Virginia Department of Environmental Quality, and the Virginia Marine Resources Commission (a joint permit application is available from any of these organizations). Furthermore, in riverine areas, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and the Federal Insurance Administrator.

j.

The flood-carrying capacity within an altered or relocated portion of any watercourse shall be maintained.

611.14. Specific standards. In all special flood hazard areas where base flood elevations have been provided in the flood insurance study or generated according to this Land Development Ordinance, the following provisions shall apply:

a.

Residential construction. New construction or substantial improvement of any residential structure (including manufactured homes) shall have the lowest floor, including basement, elevated to or above the base flood level.

b.

Nonresidential construction. New construction or substantial improvement of any commercial, industrial, or nonresidential building (or manufactured home) shall have the lowest floor, including basement, elevated to or above the base flood level. Buildings located in all A1-30, AE, and AH zones may be floodproofed in lieu of being elevated provided that all areas of the building components below the elevation corresponding to the BFE plus one foot are watertight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification, including the specific elevation (in relation to mean sea level) to which such structures are floodproofed, shall be maintained by (title of community administrator).

c.

Elevated buildings. Fully enclosed areas, of new construction or substantially improved structures, which are below the regulatory flood protection elevation shall:

1.

Not be designed or used for human habitation, but shall only be used for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator).

2.

Be constructed entirely of flood resistant materials below the regulatory flood protection elevation;

3.

Include, in zones A, AO, AE, and A1-30, measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet the following minimum design criteria:

(a)

Provide a minimum of two openings on different sides of each enclosed area subject to flooding.

(b)

The total net area of all openings must be at least one square inch for each square foot of enclosed area subject to flooding.

(c)

If a building has more than one enclosed area, each area must have openings to allow floodwaters to automatically enter and exit.

(d)

The bottom of all required openings shall be no higher than one foot above the adjacent grade.

(e)

Openings may be equipped with screens, louvers, or other opening coverings or devices, provided they permit the automatic flow of floodwaters in both directions.

(f)

Foundation enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires openings as outlined above.

d.

Standards for manufactured homes and recreational vehicles.

1.

All manufactured homes placed, or substantially improved, on individual lots or parcels, in expansions to existing manufactured home parks or subdivisions, in a new manufactured home park or subdivision or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood, must meet all the requirements for new construction found in section 8102. All recreational vehicles placed on sites must either:

(a)

Be on the site for fewer than 180 consecutive days;

(b)

Be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices and has no permanently attached additions); or

(c)

Meet all the requirements for manufactured homes in section 810.

611.15. Standards for the floodway district. The following provisions shall apply within the floodway district:

a.

Encroachments, including fill, new construction, substantial improvements and other developments are prohibited unless certification such as hydrologic and hydraulic analyses (with supporting technical data) is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently-accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the zoning administrator.

Development activities which increase the water surface elevation of the base flood may be allowed, provided that the developer or applicant first applies with the town's endorsement for a conditional flood insurance rate map and floodway revision and receives the approval of the Federal Emergency Management Agency.

c.

The placement of manufactured homes (mobile homes) is prohibited, except in an existing manufactured homes (mobile homes) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring, elevation, and encroachment standards are met.

611.16. Standards for the Special Floodplain District.

The following provisions shall apply within the Special Floodplain District:

Until a regulatory floodway is designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within the areas of special flood hazard, designated as zones A1-30 and AE on the flood insurance rate map, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the Town of Bedford.

Development activities in zones A1-30, AE, and AH, on the Town of Bedford's flood insurance rate map which increase the water surface elevation of the base flood by more than one foot may be allowed, provided that the developer or applicant first applies with the town's endorsement for a conditional flood insurance rate map revision, and receives the approval of the Federal Emergency Management Agency.

611.17. Standards for Approximated Floodplain. The following provisions shall apply with the Approximate Floodplain District:

The Approximated Floodplain District shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a 100-year floodplain boundary has been approximated. Such areas are shown as zone A on the maps accompanying the flood insurance study. For these areas, the 100-year flood elevations and floodway information from federal, state, and other acceptable sources shall be used, when available. Where the specific 100-year flood elevation cannot be determined for this area using other sources of data, such as the U.S. Army Corps of Engineers Floodplain Information Reports, U.S. Geological Survey Flood-Prone Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this elevation. For development proposed in the approximate floodplain the applicant must use technical methods that correctly reflect currently accepted technical concepts, such as point on boundary, high water marks, or hydrologic and hydraulic analyses. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the zoning administrator.

The zoning administrator reserves the right to require hydrologic and hydraulic analyses for any development.

When such base flood elevation data is utilized, the lowest floor shall be elevated to or above the base flood level. During the permitting process, the zoning administrator shall obtain:

a.

The elevation of the lowest floor (including the basement) of all new and substantially improved structures; and

b.

If the structure has been floodproofed in accordance with the requirements of this article, the elevation (in relation to mean sea level) to which the structure has been floodproofed.

611.18. Standards for the Shallow Flooding District. The following provisions shall apply within the Shallow Flooding District:

a.

All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to or above the flood depth specified on the flood insurance rate map, above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be elevated no less than one foot freeboard above the flood depth level above the highest adjacent grade. When a freeboard is included in the height of a structure, the flood insurance premiums may be cheaper.

b.

All new construction and substantial improvements of nonresidential structures shall:

1.

Have the lowest floor, including basement, elevated to or above the flood depth specified on the flood insurance rate map, above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be elevated no less than one foot freeboard above the flood depth level above the highest adjacent grade; or,

2.

Together with attendant utility and sanitary facilities be completely floodproofed to the specified flood level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

c.

Adequate drainage paths around structures on slopes shall be provided to guide floodwaters around and away from proposed structures.

611.19. Standards for subdivision proposals.

a.

All subdivision proposals shall be consistent with the need to minimize flood damage;

b.

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;

c.

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; and

d.

Base flood elevation data shall be provided for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed 50 lots or five acres, whichever is the lesser.

611.20. Variances: factors to be considered. Variances shall be issued only upon (i) a showing of good and sufficient cause; (ii) after the board of zoning appeals has determined that failure to grant the variance would result in exceptional hardship to the applicant; and (iii) after the board of zoning appeals has determined that the granting of such variance will not result in (a) unacceptable or prohibited increases in flood heights; (b) additional threats to public safety; (c) extraordinary public expense; and will not (d) create nuisances; (e) cause fraud or victimization of the public; or (f) conflict with local laws or ordinances.

While the granting of variances generally is limited to a lot size less than one-half acre, deviations from that limitation may occur. However, as the lot size increases beyond one-half acre, the technical justification required for issuing a variance increases. Variances may be issued by the board of zoning appeals for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the provisions of this section.

Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the criteria of this section are met, and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

In passing upon applications for variances, the board of zoning appeals shall satisfy all relevant factors and procedures specified in other sections of the zoning ordinance and consider the following additional factors:

a.

The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development, or activity within any floodway district that will cause any increase in the 100-year flood elevation.

b.

The danger that materials may be swept on to other lands or downstream to the injury of others.

c.

The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.

d.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.

e.

The importance of the services provided by the proposed facility to the community.

f.

The requirements of the facility for a waterfront location.

g.

The availability of alternative locations not subject to flooding for the proposed use.

h.

The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

i.

The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.

j.

The safety of access by ordinary and emergency vehicles to the property in time of flood.

k.

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.

l.

The historic nature of a structure. Variances for repair or rehabilitation of historic structures may be granted upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

m.

Such other factors which are relevant to the purposes of this Land Development Ordinance.

The board of zoning appeals may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters.

Variances shall be issued only after the board of zoning appeals has determined that the granting of such will not result in (a) unacceptable or prohibited increases in flood heights; (b) additional threats to public safety; (c) extraordinary public expense; and will not (d) create nuisances; (e) cause fraud or victimization of the public; or (f) conflict with local laws or ordinances.

Variances shall be issued only after the board of zoning appeals has determined that the variance will be the minimum required to provide relief.

The board of zoning appeals shall notify the applicant for a variance, in writing and signed by the zoning administrator, that the issuance of a variance to construct a structure below the 100-year flood elevation (a) increases the risks to life and property; and (b) will result in increased premium rates for flood insurance.

A record shall be maintained of the above notification as well as all variance actions, including justification for the issuance of the variances. Any variances that are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator.

611.21. Existing structures in floodplain areas. A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to the following conditions:

a.

Existing structures in the floodway area shall not be expanded or enlarged unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the proposed expansion would not result in any increase in the base flood elevation.

b.

Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in any floodplain areas to an extent or amount of less than 50 percent of its market value shall conform to the VA USBC.

c.

The modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use, regardless of its location in a floodplain area to an extent or amount of 50 percent or more of its market value shall be undertaken only in full compliance with this Land Development Ordinance and shall require the entire structure to conform to the VA USBC.

(Ord. No. 24-2, 3-12-2024; Ord. No. 25-1, § 4, 1-14-2025)

612.01. Intent. The Planned Mixed Development District (PMD) is intended to provide for the variety and flexibility in design necessary to promote the development of high quality, mixed-use, pedestrian-oriented neighborhoods that minimize traffic congestion, suburban sprawl, infrastructure costs and environmental impacts. Applying for rezoning to PMD is an alternative development path allowing developers to work directly with the town to propose creative approaches that would not fit within standard zoning districts.

Planned Mixed Development districts should encourage high quality development characteristics, including:

a.

Pedestrian orientation;

b.

Interconnected streets and transportation networks;

c.

Parks and open space amenities;

d.

Appropriately scaled buildings and spaces;

e.

High quality building and landscape designs;

f.

Mixture of uses and use types;

g.

Mixture of housing types and affordability; and

h.

Environmentally sensitive design.

An application is not required to include every characteristic of the mixed-use development district in order to be approved. Factors such as the size of the proposed district and surrounding uses may prevent the application from possessing every characteristic.

612.02. Applicability. The regulations of this section are intended to permit Planned Mixed Development districts in areas throughout the town, where developments in keeping with this Land Development Ordinance are submitted by property owners.

a.

Approval of an application for rezoning to the Planned Mixed Development District (PMD) shall be conditioned upon approval of a development master plan. The plan shall be submitted together with the application for a zoning amendment in accordance with the procedures contained in this Land Development Ordinance and shall be reviewed and recorded in accordance with applicable procedures set forth in this Land Development Ordinance.

b.

Applications for Planned Mixed Development shall include no less than five acres of contiguous land area.

612.03. Use and development standards. Planned Mixed Development may include a variety of land uses, building types, and densities that generally comply with the Town's adopted comprehensive plan, and that are compatible with existing uses adjacent to the proposed development.

a.

When appropriately located, a Planned Mixed Development may include a mix of residential, commercial, and other land uses. However, the land area occupied by commercial land uses shall not exceed 30 percent of the gross project area.

b.

The overall gross density of any Planned Mixed Development shall not exceed 16 dwelling units per acre.

c.

Uses, densities, building heights, setbacks, and other development features and requirements shall be specified in the ordinance approving the Planned Mixed Development and those specifications shall form the zoning requirements for the development. Subsequent changes to these requirements shall be approved in the same manner as the original application.

d.

Development criteria not stipulated in the approval ordinance shall be accomplished in accord with the relevant provisions of subdivision, zoning and other provisions of the Town Code.

612.04. Open space.

a.

Not less than 25 percent of the total land area of any Planned Mixed Development shall be devoted to open space, whether dedicated to public use or retained privately.

b.

Not less than 25 percent of the development's overall open space shall be made up on usable open space for active or passive recreational activities. Useable open space shall be exclusive of wetlands, resource protection areas, floodways, and areas with steep slopes.

612.05. Utilities.

a.

All Planned Mixed Developments shall be served by centralized public water and sewer utilities and shall be designed and constructed to meet applicable standards of water and sewer utility providers. The developer of any potential Planned Mixed Development shall meet with applicable utility providers to ensure the viability and capacity of water and sewer systems to support the proposed development prior to application for rezoning to PMD.

b.

All utilities within a planned unit development shall be placed underground except necessary above-ground appurtenances.

612.06. Design standards. Architectural and design criteria may be stipulated as a part of the approval ordinance, and shall comply, in the assessment of the zoning administrator, planning commission, and town council with the following standards:

a.

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

b.

Streets. Where appropriate, streets shall be extended to the development boundary to existing streets or to accommodate future, adjacent property development.

c.

Sidewalks. Sidewalks, multi-use paths, or other pedestrian accommodations shall be provided along both sides of all streets.

d.

Street lighting. Street lighting is required in all commercial and residential areas.

e.

Street trees. Regularly spaced street trees shall be required along all new streets within the development.

f.

Parking. Sufficient parking shall be provided to serve the proposed development. Parking shall be located predominantly to the side and/or rear of buildings. On-street parking shall be encouraged. Parking areas shall include interior landscaped parking lot islands as well as landscaping along the perimeter.

g.

Residential uses. Any Planned Mixed Development shall include a variety of residential types (i.e. single-family detached, town homes, multi-family unit, etc.)

h.

Building materials. High quality building materials that relate to the character of the Town of Bedford and to existing adjacent development shall be provided.

i.

Signs. Signs located on any building facade shall be compatible with the building's overall design.

j.

Orientation of buildings. The main entrance facade of buildings shall be oriented towards a public right-of-way.

k.

Natural features. Significant natural features shall be identified on the site plan and shall be retained to the maximum extent feasible in the provision and design of open space areas.

l.

Screening. Screening shall be required to conceal dumpsters, recycling receptacles, loading and service areas, outdoor storage, utility equipment, and the like from both on-site and off-site views using an appropriate combination of plants, fencing, and/or masonry walls.

612.07. Pre-application. Prior to applying for rezoning to the planned mixed development district, applicants are required to meet with town planning staff to review the proposed development and application requirements of this Land Development Ordinance. The purpose of such pre-application conference shall be to assist in bringing the application and material submitted therewith as nearly as possible into conformity with the regulations of this article and/or other regulations applying in the case, and/or to define specific variations from application of regulations which would otherwise apply which seem justified in view of equivalent service of public purposes of such regulations.

In the course of such pre-application conferences, any recommendations for changes shall be recorded in writing, and shall become part of the record in the case.

At the time of such pre-application conference, the zoning administrator may, at his or her sole election, expand, modify, or waive any application requirements of this Land Development Ordinance.

612.08. Application for rezoning. The applicant shall file an application for rezoning with the zoning administrator. The application shall consist of the following components, unless any specific component is waived with written justification by the zoning administrator as being unnecessary to the town's review of the project application.

a.

Narrative.

1.

A general statement of objectives to be achieved by the mixed-use development district including a description of the character of the proposed development and its compatibility with the town's comprehensive plan and existing development adjacent to the proposed site;

2.

A list of all adjacent property owners;

3.

Site development standards including, but not limited to uses, density, maximum heights, and setbacks;

4.

Utility requirements and implementation plan;

5.

Phased implementation plan;

6.

Comprehensive sign plan;

7.

Statements pertaining to any architectural and community design guidelines shall be submitted in sufficient detail to provide information on building designs, orientations, styles, lighting plans, landscaping plans etc.; and

8.

List of exceptions or variances from the requirements of the zoning chapter, if any are being requested.

b.

Existing conditions map.

1.

Topography, including steep slopes (>15 percent);

2.

Water features;

3.

Roadways;

4.

Structures;

5.

Tree lines;

6.

Major utilities;

7.

Significant environmental features; and

8.

Existing and proposed ownership of the site along with all adjacent property owners.

c.

Concept plan. The preliminary concept plan shall be of sufficient clarity and scale to accurately identify the location, nature, and character of the proposed Mixed-Use Development District. At a minimum, the preliminary concept plan shall include the following:

1.

Proposed layout of the development, including the general location of uses, types of uses, and density range of uses;

2.

Methods of access from existing state-maintained roads to proposed areas of development;

3.

General road alignments;

4.

General alignments of sidewalks, and pedestrian facilities;

5.

Proposed setbacks from adjacent uses;

6.

A general landscape plan including proposed landscaping in parking lot areas;

7.

A general water layout plan indicating the intended size and location of primary lines and the general location of fire hydrants;

8.

A general sanitary sewer layout indicating the size and location of primary lines and the location of any pump stations;

9.

A general plan showing the location and acreage of the active and passive recreation spaces, parks, and other public open areas; and

10.

Conceptual architectural renderings and information on planned building finishes and/or materials.

d.

Additional studies. The following assessments shall also be submitted if deemed by the zoning administrator to be necessary to review of the application:

1.

Environmental impact study. The environmental impact study should detail any project impacts on FEMA identified flood area and slopes greater than 15 percent and should provide a stormwater management plan detailing both the stormwater quantity and quality mitigation measures and best practices.

2.

Traffic study. A traffic study is required for all applications. The applicant shall meet with the zoning administrator to determine the required scope for a traffic study for the project. The zoning administrator shall approve the elements to be addressed in the study scope. Minimum requirements may include the following:

(a)

Existing traffic counts (a.m. and p.m. peak hour) at intersections to be identified by the town;

(b)

Trip generation estimates for the planned land uses within the proposed development, employing Institute of Transportation Engineers (ITE) methodologies;

(c)

Trip distribution and assignments to the existing road network of traffic projected for the development at full-buildout;

(d)

Estimates of background traffic growth on impacted streets and highways;

(e)

Analysis of future conditions;

(f)

Signal warrants analysis;

(g)

Statement of recommended transportation improvements to provide adequate levels of service for the traffic generated by the proposed project.

3.

School impact assessment.

4.

Economic impact assessment.

e.

The planning commission shall review the preliminary concept plan for the proposed mixed-use development district in light of the goals enumerated in the comprehensive plan, consider it at a scheduled public hearing, and forward its recommendation along with the preliminary concept plan to the town council for consideration. The town council shall hold a public hearing thereon, pursuant to public notice as required by the Code of Virginia. The plan approved by the town council shall constitute the final concept plan for the Mixed-Use Development District.

f.

Once the town council has approved the final concept plan, all accepted conditions and elements of the plan shall constitute binding requirements, enforceable by the zoning administrator.

g.

The applicant shall submit a final site plan to the zoning administrator within six months from the approval by the town council of a conceptual plan. The plan shall be in substantial conformance with the approved final concept plan. Such a final site plan may include one or more sections of the overall mixed-use development district, and shall meet all applicable federal, state, and town regulations.

612.09. Waivers and modifications. Where such sections of the zoning or subdivision ordinance outside of this article are deemed to be in conflict with the goals of the final concept plan, the rezoning application shall be considered a waiver or modification to these sections if specified in the final concept plan.

(Ord. No. 24-2, 3-12-2024)

613.01. Intent of Planned Memorial Park District PMPD. This district is intended to provide for the development of memorial parks which honor the memory and achievements of distinguished groups or individuals or significant events associated with them. It is also intended to provide for related memorial structures and activities. This district permits limited accessory uses to support convenient and effective public visitation of the memorial park site and provides for coordinated site development plans to assure protection of adjacent properties from the impacts of public access and development within the district. This zone is designed to allow flexibility in the planning and construction of the memorial park by allowing development in phases and by providing for administrative approval of minor modifications to the final master plan of development.

613.02. Permitted uses. The following uses are permitted in the Planned Memorial Park District PMPD; provided no such uses shall be permitted unless they are specifically included in the final master plan of development approved or amended in accordance with this zoning district.

a.

Memorial parks;

b.

Monuments;

c.

Promenades;

d.

Overlooks;

e.

Signs as specified in the sign regulations of this Land Development Ordinance;

f.

Underground utilities;

g.

Accessory uses which may include any of the following:

1.

Parking areas for use by visitors, patrons and employees, excluding parking structures;

2.

Exhibits or display of information to explain or interpret the events and people associated with the memorial;

3.

Buildings for the storage of site maintenance materials and equipment;

4.

Covered pavilions for group assembly;

5.

Administrative office space for the management of on-site activities;

6.

Public restrooms;

7.

Trails, walkways, bike paths and similar non-motor vehicle circulation facilities;

8.

Snack bars and vending machine areas not exceeding 120 square feet as accessory uses within a building;

9.

Sale or distribution of tourist goods directly related to the uses on-site such as literature and souvenirs, not exceeding 500 square feet, within a building.

613.03. Conditional uses when not approved in the original final master plan of development or rezoning request. The following uses shall be permitted in the Planned Memorial Park District if included in the final master plan of development. If such uses are not included in the final master plan of development, then if after review of the application and public hearing thereon, in accordance with the conditional use process as described in this Land Development Ordinance, the council finds as a fact that a proposed use is consistent with the intent of the ordinance, and is in the public interest, the following uses may be permitted:

a.

Cemeteries;

b.

Picnic areas;

c.

Parking structures;

d.

Snack bars for sale of food and beverages, exceeding 120 square feet, in a building or addition to a building, that has been previously approved for the site occupying less than 15 percent of the total floor area;

e.

Playgrounds facilities;

f.

Amphitheaters;

g.

Auditoriums, meeting and banquet rooms;

h.

Museums;

i.

Chapels;

j.

Noncommercial nurseries or greenhouses;

k.

Educational facilities related to the purpose and subject matter of the memorial;

l.

Residential dwelling as an accessory use for occupancy by caretakers, security or custodial employees only;

m.

Sale or distribution of tourist goods directly related to the uses on-site, exceeding 500 square feet, such as literature and souvenirs in a building or addition to a building and occupying less than ten percent of the total floor area.

613.04. Performance and design requirements, standards and conditions. The following design requirements and standards shall apply in the PMPD zone unless specifically modified in the final master plan of development or any amendment approved under the provisions of this zone:

a.

Storage within buildings:

All storage of materials and equipment shall be located within a completely enclosed building except where the nature of the material or equipment makes it impossible, and in such case it shall be screened from public view.

b.

Lighting:

1.

Light emitted from any use or structure shall not exceed an illumination level of 0.1 footcandles at any lot line adjoining a residential district, nor 0.5 footcandles at any other lot line. No light within 500 feet of a residential district and visible from that district shall exceed 100 footcandles in brightness.

2.

All on-site outdoor lighting, including parking lot lighting, shall have shielded fixtures which direct light to the structure being lit, downward, and shield adjacent properties and do not substantially light the night sky, except as otherwise approved in the final master plan of development.

3.

Use of flashing, revolving or intermittent exterior lighting shall be prohibited.

4.

All public walkways and roadways shall be illuminated to a level sufficient to provide safe pedestrian and motor vehicle travel.

c.

Access:

Motor vehicle access to the site shall be from a paved, public street. Entrances and street shall be constructed to the minimum requirements of [the] Town of Bedford and VDOT standards and regulations for subdivisions.

d.

Circulation:

1.

Motor vehicle circulation within the site shall be provided by internal roadways which may be publicly or privately owned, but which shall meet the design and construction standards for streets set forth in this Land Development Ordinance. Adequate provision shall be made for the ingress, egress, circulation and parking of large vehicles such as fire trucks, utility vehicles, delivery trucks and tour buses.

2.

Pedestrian circulation within the site shall be provided by suitable defined walkways and trails sufficient to allow safe and convenient pedestrian movement, separate from motor vehicles. Pedestrian and bicycle circulation shall be provided to serve all areas intended for public access. Connections for pedestrian and bicycle movement shall be provided at the motor vehicle entrances to the site, as well as at other appropriate entrances to the site that may be able to connect to other pedestrian and bicycle circulation routes elsewhere in the town.

e.

Parking, loading and vision clearance requirements:

Parking, loading, vision and clearance shall conform to the requirements as set forth in this Land Development Ordinance and in accordance with the occupancy load standards of the Uniform Statewide Building Code. In no case shall parking be less than 20 spaces per acre or one space per four occupants.

f.

Noise:

The noise generated by any use on the site including any amplified sound shall be in compliance with town ordinances or required permits.

g.

Public facilities and utilities:

All utility lines shall be placed underground. Water, sewer, sidewalk and drainage facilities shall comply with the standards for subdivisions of this Land Development Ordinance.

h.

Landscaping:

In addition to the general landscaping requirements as set forth in this Land Development Ordinance, landscaping in this district shall provide for:

1.

Ornamental landscape features that reinforce the memorial function of the site;

2.

Shade and windblocks for pedestrians and vehicles;

3.

Focal points for other site features including accessory uses;

4.

Visual reinforcement for circulation elements such as drives, parking areas, walkways and bikeways;

5.

Visual buffers between the site and adjacent properties and between on-site structures and functions;

6.

Visual screening such that all storage buildings, trash-related structures and areas, including dumpsters, are screened from public view. Trash bins, recycling bins and other such public facilities shall be for use only by on-site activities and shall be screened from view from on-site public access areas and from adjacent properties;

7.

Visual screening for all utility structures necessary to be aboveground to support such lines, such as electric distribution boxes, so that they are screened from view from on-site public access areas and from adjacent properties.

i.

Open space:

A minimum of 70 percent of the site must be preserved in permanent open space uses.

j.

Environmental design:

Existing features which would add value to the memorial site or to the town such as trees, watercourses and falls, vistas, historic spots, historic or architecturally significant buildings, and similar irreplaceable assets should be preserved, insofar as possible, through harmonious and careful design of the memorial.

613.05. Variances for Planned Memorial Park District. When approving a request for rezoning to a Planned Memorial Park District or in approving the PMPD final master plan of development or any amendment thereto, the town council may allow variances to the performance and design requirements, standards and conditions provided that no such change shall be granted which will have the effect of nullifying the intent and purpose of the remainder of this Land Development Ordinance or any other pertinent regulations or town ordinances.

613.06. Procedural requirements:

a.

Rezoning to PMPD.

Approval of an application for re-zoning to the Planned Memorial Park District shall be conditional upon approval of a final master plan of development for the district and shall constitute an amendment to the zoning ordinance:

1.

Applications for initial rezoning to PMPD. An application shall be submitted in the form of a request by the owner or owner's representative accompanied with a preliminary master plan of development. The preliminary master plan of development shall constitute proffers which when approved by town council, shall constitute conditions pursuant to the conditional zoning requirements as referenced in this Land Development Ordinance.

2.

Preliminary master plan of development. The preliminary master plan of development shall contain written and graphic information as required hereinafter. All information submitted shall be of sufficient clarity and scale to clearly and accurately identify the location, nature and character of the proposed district. The following information shall be included:

(a)

A legal description and plat showing the site boundaries, and existing street lines, lot lines, and easements.

(b)

Existing zoning, land use and ownership of each parcel proposed for the district.

(c)

A general statement of planning objectives to be achieved by the PMPD, including a description of the character of the proposed development, the existing and proposed ownership of the site, and objectives towards any specific manmade and natural characteristics located on the site.

(d)

A description and analysis of existing site conditions including information on topography, archeological and historic resources, natural watercourses, floodplains, unique natural features and tree cover areas.

(e)

A land use plan designating specific uses for the site, and establishing building and structure locations, including setback, height, building coverage and square footage and occupancy levels.

(f)

A circulation plan, including location of existing and proposed vehicular, pedestrian, bicycle, and other circulation facilities and location and general design of parking and loading facilities. General information on the vehicles per day, ownership and maintenance and proposed construction standards for these facilities should be included. A traffic impact analysis may be required by the administrator.

(g)

A public services, storm drainage management and utilities plan providing requirements for and provision of all utilities, sewers, and other facilities to serve the site.

(h)

An open space plan, including area proposed for passive and active recreational uses, natural and undisturbed areas, and buffer areas proposed around the perimeter of the site. Information on the specific design acreage and location of these areas and their ownership and maintenance should be included.

(i)

Generalized statements pertaining to any architectural and community design guidelines that have been adopted by the town and may be applicable to the site, shall be submitted in sufficient detail to provide information on building designs, orientations, styles, lighting plans, etc.

(j)

A development schedule indicating the location, extent and sequence of proposed development. Specific information on development of the open space uses shall be included. The development schedule may include a plan for coordinated phasing of the development of the site, including grading, utility installation, paving and construction of building and structures. Such phasing plan shall be included as part of the overall plan of development, and shall show the sequence of development activities, indicating which activities shall be done within the same time frame, and the relationships between phases.

(k)

All quantitative information needed to evaluate the preliminary master plan of development. The preliminary master plan of development shall be detailed enough to clearly indicate all proposed site development features, including but not limited to, uses, building and structure locations, building and structure approximate dimensions and footprints, square footage of buildings and structures, occupancy levels; designation of all streets, utilities, areas and facilities that will be dedicated to the town; and all those features pertaining to the requirements of this zoning district in sufficient detail for commission, town council and/or the zoning administrator to determine whether the requirements of this Land Development Ordinance have been met and for determining public service demands.

(l)

A generalized landscape plan with a schematic indicating the approximate location of the proposed plantings.

(m)

The preliminary plan of development shall specify any significant variances from the performance and design requirements, standards, and conditions that will be requested from town council as noted in this zone.

(n)

A plan for maintenance indicating responsibility for the maintenance (owner, foundation, etc.), the estimated staff and funding required, and the funding source upon completion.

(o)

A signage plan.

3.

The rezoning application and preliminary master plan of development shall be reviewed by the commission and approved by town council in accordance with the provisions for zoning amendments.

4.

Approval of the preliminary master plan of development shall constitute acceptance of the plan's provisions and concepts as proffers pursuant to this Land Development Ordinance. The plan approved by the town council shall constitute the final master plan of development for the PMPD. Once approved by the town council, the administrator shall authorize the revisions to the official zoning map to indicate the establishment of the PMPD.

b.

Revisions and changes to the final master plan of development.

1.

Major revisions to the final master plan of development shall be reviewed and approved following the procedures and requirements for conditional uses as addressed in this Land Development Ordinance. Major revisions include, but are not limited to, the following proposed changes:

(a)

The addition of new land uses or activities not found in the final master plan of development which constitute conditional uses in this zoning district;

(b)

The substantial relocation of uses or activities shown on the final master plan of development;

(c)

Substantial change in vehicular or pedestrian circulation or access;

(d)

Substantial change in grading or utility provisions;

(e)

Reduction in the approved open space, landscaping, or buffering;

(f)

Any other change that the zoning administrator finds is a major divergence from the final master plan of development.

2.

All revisions other than major revisions in the final master plan of development shall be considered minor amendments. The administrator, upon receipt of a written request of the owner, may approve such minor amendments. To be approved as a minor change, such request must show to the zoning administrator's satisfaction that the proposed change is in keeping with the intent of the town's land development regulations and the final master plan of development and will serve the public health and welfare.

(a)

If the administrator fails to act on a request as an amendment to the final master plan of development within 15 calendar days, it shall be considered disapproved unless the applicant and administrator agree to a request for extension to a specific date.

(b)

A request which is disapproved by the administrator shall be considered a major amendment and shall be subject to the approval process set forth in paragraph subsection 1 above.

c.

Site plan review for construction in PMPD zone.

1.

Following the approval of a final master plan of development, final site plans for any phase or component of the PMPD that involve construction of structures or facilities shall be submitted and approved prior to the issuance of a building or zoning permit and prior to commencement of construction. Site plans shall contain detailed building and landscape plans and all information required for zoning permits under this Land Development Ordinance.

2.

All site plans submitted for review shall be in compliance with the approved final master plan of development and approved amendments, with the applicable building codes and ordinances of the town, and with the design standards and the other provisions of this Land Development Ordinance.

3.

The zoning administrator periodically shall inspect the site and review all permits issued for the development in order to insure that the development schedule is complied with. The provision and construction of all streets and utility services must proceed at the same rate as the construction of buildings and facilities that will be open to the public. If the administrator finds that the construction of the streets and utilities have not been constructed in accordance with the development schedule set forth in the final master plan of development, he shall take appropriate action, including the issuance of a stop work order upon any buildings or facilities for which such streets or utilities are required, unless the developer provides a surety for all the public improvements.

4.

Unless a surety satisfactory to the town has been provided to guarantee completion of all streets, parking, sidewalks, utilities, soil stabilization, landscaping and any public improvements, no certificate of occupancy shall be issued and no phase of a memorial park shall be opened for use until they are completed.

5.

When there is a dedication of any right-of-way for streets, public utility easements, or other public areas and uses, the applicant shall submit a survey with the appropriate deed or deeds of dedication to the town for recording upon completion of the public improvements and prior to acceptance by the town.

(Ord. No. 24-2, 3-12-2024)

614.01. Intent of the Healthcare Establishment District (HE). The Healthcare Establishment District, HE has been designed to promote and preserve the delivery of comprehensive primary healthcare services within the community. Provision is made for the conduct of activity typically related to the provision of hospital services to which the public requires direct and frequent access. In particular, the district recognizes the historical and ongoing presence of Bedford Memorial Hospital at the intersection of Whitfield Drive and Oakwood Street and finds that its continued operation will promote the interests of general health, welfare, and property values within the community.

614.02. Permitted uses. Within the Healthcare Establishment District HE the following uses are permitted:

a.

All activities associated with the operation of Bedford Memorial Hospital, and the level of care it deems appropriate to provide within the proposed zone and to the community, including the following:

1.

Health clinics and doctor's offices.

2.

Adult care homes.

3.

Hospitals.

4.

Nursing or convalescent homes.

5.

Recreational facilities related to wellness and/or rehabilitation services.

6.

Hospice care.

7.

Central plants, parking decks, helipads, and other support facilities.

(Ord. No. 24-2, 3-12-2024)

615.01. Intent of the Special Corridor Overlay District SCOD. The Special Corridor Overlay District, SCOD is intended to maintain the long-term mobility of arterial roadways (such as Routes 122, 221, and 460); to limit access and the number of conflicts (thereby reducing the need for additional crossover locations and traffic signals); to promote improved pedestrian and vehicular circulation; to encourage land assembly and the most desirable use of land in accordance with the comprehensive plan; to promote architectural continuity; to encourage designs which produce a desirable relationship between individual buildings, the circulation systems and adjacent areas; and to permit a flexible response of development to the market. The district shall apply only to specific areas as determined by town council.

615.02. Access to arterial roads.

a.

For purposes of this Land Development Ordinance, the following routes are identified as arterial roads: U.S. Highway 460, Route 221, and Route 43.

b.

Any parcel or lot having frontage along an arterial road shall be permitted one direct access to that arterial unless the lot has other means of access to the arterial. If the lot has other means of access to the arterial, no direct access shall be permitted.

c.

At the time of plan submission and approval, if two or more parcels are placed under one ownership, control and/or maintenance, such assembly, shall be permitted one direct access to the arterial.

d.

Access to the arterial road shall be provided by a public street constructed to town standards, unless otherwise specified.

615.03. Permitted uses. All permitted uses allowed under the provisions of the underlying zoning district.

615.04. Connectivity required.

a.

All streets and sidewalks, existing and proposed, shall interconnect within a development and with adjoining development unless otherwise specified.

b.

Where applicable, street and sidewalk stubs shall be provided with development adjacent to open land to provide for future development. At such time that open land is developed, it shall be connected to the existing development at the point of the street and sidewalk stubs.

c.

All private drives, sidewalks, means of ingress and egress, and/or parking lots shall be interconnected with adjoining development. Where applicable, stubs shall be provided with development adjacent to open land to provide for future development. At such time that open land is developed, it shall be connected to the existing development at the point of drive, sidewalk, and/or point of ingress and egress stubs.

(Ord. No. 24-2, 3-12-2024)