1.1.

Specific Requirements by Use. Except as otherwise provided in this Ordinance, when any building or structure is hereafter erected or structurally altered, or any building or structure hereafter erected is converted, accessory off-street parking spaces shall be provided as follows:

1.2.

Interpretation of Specific Requirements.

1.

The parking requirements above are in addition to space for storage of trucks or other vehicles used in connection with any use.

2.

The parking requirements in this article do not limit other parking requirements contained in the district regulations.

3.

The parking requirements in this article do not limit special requirements which may be imposed with planned unit developments, conditional uses, or special exceptions.

4.

Where fractional spaces result, the parking spaces required shall be construed to be the next highest whole number.

5.

Except as otherwise provided, the number of employees shall be compiled on the basis of the maximum number of persons employed on the premises at one time on an average day or average night, whichever is greater. Seasonal variations in employment may be recognized in determining an average day.

6.

The parking space requirements for a use not specifically listed in the chart shall be the same as for a listed use of similar characteristics of parking demand generation.

7.

In the case of mixed uses, uses with different parking requirements occupying the same building or premises, or in the case of joint use of a building or premises by more than one (1) use having the same parking requirements, the parking spaces required shall equal the sum of the requirements of the various uses computed separately, except that parking requirements for permitted accessory retail and service uses in a hotel, motel, or motor lodge containing fifty (50) or more dwelling units, may be reduced by the following percentages:

(a)

Retail sales, offices, service establishments—30%

(b)

Restaurants, cocktail lounges, night clubs and dining rooms—50%

(c)

Ballrooms, banquet hall, meeting rooms, auditoriums—70%

8.

Whenever a building or use is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need under the requirements of this Article for an increase in parking spaces of ten (10) percent or more, such additional spaces shall be provided on the basis of the change or enlargement. No additional spaces shall be required for the first change or enlargement which would result in an increase of spaces of less than ten (10) percent of those required before the change or enlargement, but this exception shall not apply to a series of changes or enlargements which together result in a need for an increase in parking space of ten (10) percent or more.

1.3.

Joint Use and Off-Site Facilities.

1.

All parking spaces required herein shall be located on the same lot with the building or use served, except that where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments, the required spaces may be located and maintained not to exceed three hundred (300) feet from an institutional building or other non-residential building served.

2.

Up to fifty (50) percent of the parking spaces required for (a) theatres, public auditoriums, bowling alleys, dance halls, and night clubs, and up to one hundred (100) percent of the parking spaces required for a church auditorium may be provided and used jointly by (b) banks, offices, retail stores, repair shops, service establishments, and similar uses not normally open, used, or operated during the same hours as those uses listed in (a), and up to one hundred (100) percent of parking spaces required for schools may be provided and used jointly by a church auditorium; provided, however, that written agreement thereto is properly executed and recorded as specified below.

3.

In any case, where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, such parking space shall be established by a recorded covenant or agreement as parking space to be used in conjunction with the principal use and shall be reserved as such through an encumbrance on the title of the property to be designated as required parking space, such encumbrance to be valid for the total period the use or uses for which the parking is needed are in existence.

1.4.

Design Standards.

1.

Minimum Area. For the purpose of these regulations, an off-street parking space is an all-weather surfaced area not in a street or alley and having an area of not less than two hundred (200) square feet, exclusive of driveways, permanently reserved for the temporary storage of one (1) vehicle and connected with a street or alley by a paved driveway which affords ingress for an automobile without requiring another automobile to be moved.

2.

Drainage and Maintenance. Off-street parking facilities shall be drained to eliminate standing water and prevent damage to abutting property and/or public streets and alleys and surfaced with erosion-resistant material in accordance with applicable county specifications. Off-street parking areas shall be maintained in a clean, orderly, and dust-free condition, at the expense of the owner or lessee and not used for the sale, repair, or dismantling or servicing of any vehicles, equipment, materials or supplies.

3.

Separation from Walkways and Streets. Off-street parking spaces shall be separated from walkways, sidewalks, streets, or alleys, by a wall, fence, or curbing or other approved protective device, or by distance so that vehicles cannot protrude over publicly owned area.

4.

Entrances and Exits. Location and design of entrances and exits shall be in accord with the requirements of applicable regulation and standards. In general, there shall not be more than one (1) entrance and one (1) exit, or one (1) combined entrance and exit along any one (1) street. Landscaping, curbing, or approved barriers shall be provided along lot boundaries to control entrance and exit of vehicles or pedestrians.

5.

Interior Drives. Interior drives shall be of adequate width to serve a particular design arrangement of parking spaces.

6.

Marking. Parking spaces in lots of more than ten (10) spaces shall be marked by painted lines or curbs or other means to indicate individual spaces. Signs or markers shall be used as necessary to ensure efficient traffic operation of the lot.

7.

Lighting. Adequate lighting shall be provided if off-street parking spaces are to be used at night. The lighting shall be arranged and installed to minimize glare on property in a residential district.

8.

Screening. When off-street parking areas for ten (10) or more automobiles are located closer than fifty (50) feet to a lot in a residential district, or to any lot upon which there is a dwelling as a permitted use under these regulations, and where such parking areas are not entirely screened visually from such lot by an intervening building or structure, a continuous, visual screen with a minimum height of six (6) feet shall be provided between the parking area and the said lot in a residential district or upon which there is a dwelling. Such screen may consist of a compact evergreen hedge or foliage screening or a louvered wall or fence.

(Ord. No. 2-2006, § 1, 3-14-06; Ord. No. 01-2012, 4-12-12)

2.1.

Specific Requirements by Use. Except as otherwise provided in this Ordinance, when any building is hereafter erected, or structurally altered to the extent of increasing the floor area by twenty-five (25) percent or more, or any building is hereafter converted, for the uses listed below, when such buildings contain the floor areas specified, accessory off-street loading spaces shall be provided as required below or as required in subsequent sections of this Article.

2.2.

Interpretation of Specific Requirements.

1.

The loading space requirements apply to all district but do not limit the special requirements which may be imposed in the district regulations.

2.

The loading space requirements in this article do not limit special requirements which may be imposed in connection with Conditional Uses or Special Exceptions.

3.

Under the provisions of Article 7, the Board of Zoning Appeals may waive or reduce the loading space requirements whenever the character of the use is such as to make unnecessary the full provision of loading facilities, where provision is made for community loading facilities, or where provisions of loading space requirements is impractical under certain conditions for uses which contain less than ten thousand (10,000) square feet of floor area.

2.3.

Mixed Uses in One Building. Where a building is used for more than one (1) use or for different uses, and where the floor area used for each use for which loading space is required is below the minimum for required loading spaces but the aggregate floor area used is greater than such minimum, then off-street loading space shall be provided as if the entire building were used for that use in the building for which the most spaces are required. In such cases, the Administrator may make reasonable requirements for the location of required loading spaces.

2.4.

Design Standards.

1.

Minimum Size. For the purpose of these regulations a loading space is a space within the main building or on the same lot, providing for the standing, loading, or unloading of trucks, having a minimum area of five hundred forty (540) square feet, minimum width of twelve (12) feet, a minimum depth of thirty-five (35) feet, and a vertical clearance of at least fourteen and one-half (14.5) feet.

2.

Loading Space for Funeral Homes. Loading spaces for a funeral home may be reduced in size to ten (10) by twenty-five (25) feet and vertical clearance reduced to eight (8) feet.

3.

Drainage and Maintenance. Off-street loading facilities shall be drained to eliminate standing water and prevent damage to abutting property and/or public streets and alleys and surfaced with erosion-resistant material in accordance with applicable specifications. Off-street loading areas shall be maintained in a clean, orderly, and dust-free condition at the expense of the owner or lessee and not used for the sale, repair, dismantling, or servicing of any vehicles, equipment, materials, or supplies.

4.

Entrances and Exits. Location and design of entrances and exits shall be in accord with applicable requirements of traffic regulations and standards. Where the entrance or exit of a building is designed for truck loading and unloading, such entrance or exit shall be designed to provide at least one (1) off-street loading space. Where an off-street loading space is to be approached directly from a major thoroughfare, necessary maneuvering space shall be provided on the lot.

3.1.

Sign Definitions. For the purpose of this section, certain terms and words pertaining to signs are hereby defined. The general rules of construction contained in Article 10 are applicable to these definitions.

1.

Sign. An identification, description, illustration, or device which is affixed to or represented directly or indirectly upon a building, structure, or land and which directs attention to a product, place, activity, person, institution, or business.

2.

Sign Area. That area within a line including the outer extremities of all letters, figures, characters, and delineations, or within a line including the outer extremities of the framework or background of the sign, whichever line includes the larger area. The support for the sign background, whether it be columns, a pylon, or a building or part thereof, shall not be included in the sign area. Only one (1) side of a double-faced sign shall be included in a computation of sign area; for other signs with more than one (1) face, each side shall be included in a computation of sign area. The area of a cylindrical sign shall be computed by multiplying one-half of a circumference by the height of the sign.

3.

Accessory Sign. A sign relating only to uses of the premises on which the sign is located, or products sold on the premises on which the sign is located, or indicating the name or address of a building or the occupants or management of a building on the premises where the sign is located.

4.

Detached Sign or Ground Sign. A sign not attached to or painted on a building, but which is affixed to the ground. A sign attached to a flat surface such as a fence or wall not a part of a building, shall be considered a detached sign.

5.

Double-Faced Sign. A sign with two (2) parallel, or nearly parallel, faces, back to back, and located not more than twenty-four (24) inches from each other.

6.

Flashing Sign. An illuminated sign on which the artificial or reflected light is not maintained stationary and constant in intensity and color at all times when in use. Any sign which revolves or moves, whether illuminated or not, shall be considered a flashing sign.

7.

Flat Sign or Wall Sign. Any sign attached to, and erected parallel to the face of, or erected or painted on the outside wall of a building and supported throughout its length by such wall or building and not extending more than eighteen (18) inches from the building wall.

8.

General Advertising Sign. Any sign which is not an accessory sign or which is not specifically limited to a special purpose by these regulations.

9.

Illuminated Sign. Any sign designed to give forth artificial light or designed to reflect light from one (1) or more sources of artificial light erected for the purpose of providing light for the sign.

10.

Indirectly Illuminated Sign. A sign which does not produce artificial light from within itself but which is opaque and backlighted or illuminated by spotlights or floodlights not a part of or attached to the sign itself, or a sign of translucent non-transparent material illuminated from within but with no exposed or exterior bulbs, tubes, or other light source.

11.

Marquee Sign. Any sign attached to or hung from a marquee. For the purpose of this Article, a marquee is a covered structure projecting from and supported by the building with independent roof and drainage provisions and which is erected over a doorway or doorways as protection against the weather.

12.

Projecting Sign. A sign which is attached to and projects more than eighteen (18) inches from the face of a wall of a building. The term projecting sign includes a marquee sign.

13.

Sign, Height. The vertical distance from the street grade or the average lot grade at the front setback line, whichever is greater, to the highest point of the sign.

14.

Billboard Sign. A sign used as an outdoor display for the purpose of advertising or promoting a business, service, activity or product which is not located, offered for sale or otherwise related to the use of the premises on which such sign is situated.

3.2.

General Requirements, All Signs. The following regulations apply generally to all signs and are in addition to the regulations contained elsewhere in this Ordinance.

1.

No sign unless herein excepted, shall be erected, constructed, posted, altered, maintained, or relocated, except as provided in this Article and in these regulations, until a permit has been issued by the Administrator. Before any permit is issued, an application especially provided by the Administrator shall be filed, together with three (3) sets of drawings and/or specifications (one (1) to be returned to the applicant) as may be necessary to fully advise and acquaint the Administrator which the location, construction, materials, manner of illuminating and/or securing or fastening, and number of signs applied for, and the wording of the sign or advertisement to be carried on the sign. All signs shall be erected on or before the expiration of six (6) months from the date of issuance of the permit; otherwise, the permit shall become null and void and a new permit shall be required. Each sign requiring a permit shall be clearly marked with the permit number and name of the person or firm placing the sign on the premises. Fees for sign permits shall be in accordance with the schedule adopted by ordinance, a copy of which is maintained in the office of the Administrator.

2.

Structural and safety features and electrical systems shall be in accordance with the requirements of the applicable codes and ordinances. No sign shall be approved for use unless it has been inspected by the department issuing the permit and is found to be in compliance with all the requirements of this Ordinance and applicable technical codes.

3.

The following signs are exempted from the provisions of these regulations and may be erected or constructed without a permit but in accordance with the structural and safety requirements of the Building Code:

(a)

Official traffic signs or sign structures and provisional warning signs or sign structures, when erected or required to be erected by a governmental agency, and temporary signs indicating danger.

(b)

Changing of the copy on a bulletin board, poster board, billboard, display encasement, or marquee.

(c)

Temporary non-illuminated signs, not more than six (6) square feet in area, advertising real estate for sale or lease or announcing contemplated improvements of real estate, and located on the premises, one (1) such sign for each street frontage.

(d)

Temporary non-illuminated signs not more than twenty (20) square feet in area, erected in connection with new construction work and displayed on the premises during such time as the actual construction work is in progress, one (1) such sign for each street frontage.

(e)

Non-illuminated signs, not exceeding ten (10) square feet in area with letters not exceeding one (1) foot in height, painted, stamped, perforated, or stitched on the surface area of an awning, canopy, roller curtain, or umbrella.

(f)

Non-illuminated signs warning trespassers or announcing property as posted.

(g)

Temporary non-illuminated portable signs, not exceeding six (6) square feet in area, in a business or industrial district, one (1) for each fifty (50) feet of street frontage.

(h)

Sign on a truck, bus, or other vehicle, while in use in the normal course of business. This section should not be interpreted to permit parking for display purposes of a vehicle to which signs are attached in a district where such signs are not permitted.

4.

The Administrator, upon application, as required in Section 3.2 of this Article, may issue temporary permits for the following signs and displays for a period of not exceeding thirty (30) days, when in his opinion, the use of such signs and displays would be in the public interest and would not result in damage to private property:

(a)

Signs advertising a special civic, cultural, or religious event such as a fair or exposition, play, concert or meeting, sponsored by a governmental or charitable organization.

(b)

Special decorative displays used for holidays, public demonstrations, or promotion for non-partisan civic purposes.

(c)

Special sales promotion displays in a district where such sales are permitted, including displays incidental to the opening of a new business.

5.

No flashing signs or exposed gas filled or illuminated tubing such as neon shall be permitted in any residential district.

6.

Applications for unusual signs or displays which give rise to questions of interpretation of these regulations may be referred by the Administrator to the Board of Zoning Appeals for the purpose of interpretation by the Board and recommendation for action on the application by the Administrator. If, in the opinion of the Board, the application is not adequately covered by these regulations, the Board may make recommendations for amendment of this Ordinance.

7.

No sign shall be constructed, erected, used, operated, or maintained which:

(a)

Displays intermittent lights resembling or seeming to resemble, the flashing lights customarily associated with danger or such as are customarily used by police, fire, or ambulance vehicles.

(b)

Is so located and so illuminated as to provide a background of colored lights blending with traffic signal lights to the extent of confusing a motorist when viewed from normal approaching position of a vehicle at a distance of twenty-five (25) to three hundred (300) feet.

8.

Permitted signs for a nonconforming business, commercial or industrial use in a residential district shall consist of those signs permitted in the B-1 Local Business District.

9.

Except as otherwise specifically provided in these regulations, all signs shall be subject to the provisions of Article 5 governing nonconforming uses.

10.

Except as otherwise provided, these regulations shall be interpreted to permit one (1) sign of each permitted type, in accordance with applicable regulations, for each street frontage, for each permitted use on the premises. For the purpose of this regulation, sign "types" are flat (or wall), detached, (or ground), projecting and marquee signs, or special purpose signs specifically listed in the district regulations.

11.

Except as otherwise provided, any sign may be a flat, detached, or projecting sign, and, except as otherwise provided, no detached sign shall exceed a height of fifteen (15) feet.

12.

Signs of permitted types and sign area may be placed on walls of buildings other than the front except on side or rear walls facing, and within one hundred (100) feet of, a residential district.

13.

Unless otherwise specified in these regulations, all signs shall comply with the yard requirements of the district in which they are located, provided that one (1) accessory sign may occupy required yards in a district where such sign is permitted by these regulations, if such sign is not more than fifty (50) square feet in area, and other requirements of these regulations are complied with.

14.

No sign, portable or otherwise, is to be placed or located to conflict with the vision clearance or other requirements of applicable traffic ordinances.

15.

No signs shall be attached to trees, utility poles, or any other unapproved supporting structure.

16.

The owner and/or tenant of the premises and the owner and/or erector of the sign shall be held responsible for any violation of these regulations. Where a sign has been erected in accordance with these regulations, the sign company shall be relieved of further responsibility under these regulations after final approval of the sign by the Administrator.

17.

All signs shall be maintained in good condition and appearance. After due notice has been given as provided below, the Administrator may cause to be removed any sign which shows gross neglect or becomes dilapidated.

18.

The Administrator shall remove or cause to be removed any sign erected or maintained in conflict with these regulations if the owner or lessee of either the site or the sign fails to correct the violation within thirty (30) days after receiving written notice of violation from the Administrator. Removal of a sign by the Administrator shall not affect any proceedings instituted prior to removal of such sign.

19.

Billboards existing before the adoption of this ordinance are exempted from this ordinance to the extent that they may be maintained or re-erected on the same site if destroyed or torn down as long as they are properly maintained. View billboards may not be erected.

(Ord. of 1-23-91)

Editor's note— At the city's request, the provisions for prohibited signs which are found in Chapter 21, streets and sidewalks, art. II, § 21-35 also apply to Appendix A, zoning ordinance, art. 6, § 3.

Cross reference— Prohibited signs, § 21-35

4.1.

Modification of Height Regulations.

1.

The height limitations of this Ordinance shall not apply to:

2.

Public and semi-public service buildings, hospitals, institutions, or schools, when permitted in a district, may be erected to a height not exceeding seventy-five (75) feet when the required side and rear yards are each increased by at least one (1) foot for each foot of additional building height above the height regulations for the district in which the building is located.

4.2.

Averaging Lot Area and Cluster Subdivisions.

1.

Averaging and Clustering Permitted. Averaging of lot areas for detached single-family dwellings or clustering of lots and provision of public or private common open space in a subdivision are permitted in any residential district by the terms of this Ordinance. Average lot area in a subdivision and minimum area and dimensions for any lot are specified herein. Use of a design which incorporates averaging or which includes common open space shall be at the option of the owner or his agent. These design alternatives are intended to encourage permanent reservation of open space and an efficient and improved use of the land to provide good building sites by taking advantage of topography and minimizing grading or destruction of natural vegetation. Plans shall not be approved where the clear purpose of the design is to subvert the purposes of these regulations by inclusion of excessively unbalanced distribution of land among lots or inclusion of open spaces which are inappropriately located or which will not contribute to the future amenity of the subdivision.

2.

Procedures - Site Plan Required. A preliminary site plan complying with the requirements of Article 11 and the rules of the Planning Commission adopted thereunder shall accompany an application for averaging lot areas or a permitted cluster subdivision under this Section. Procedures for review and decision shall be those specified for administrative site plan review under Article 10. In addition, the proposed development shall follow all applicable procedures, standards, and requirements. governing the subdivision of land.

3.

Minimum Project Area. The minimum area of the subdivision shall be sufficient to accommodate at least five (5) lots of minimum average area.

4.

Resubdivision. No resubdivision or sale by any means shall be permitted in a subdivision approved under this section, which resubdivision or sale would in any way create. a violation of this Ordinance.

5.

Floodplain and Water Areas. No more than thirty (30) percent of the required minimum area of any lot shall be located in a floodplain area and no part of the area of any lot shall be covered by any body of water except that no more than thirty (30) percent of the required minimum area of any lot may be covered by the waters of a lake, pond, or canal planned and approved as a part of and wholly within the subdivision.

6.

Reduction of Lot Area Lot Width and Yard Areas Permitted. Where proposed building site outlines are shown on an application for averaging lot area or cluster subdivision, the minimum lot area, lot width, lot depth, and yard dimensions shall be as follows provided that public water and sewer service are utilized in the R-R, R-1 and R-2 Residential Districts:

7.

Compatibility with Developed Properties. An average lot area or cluster subdivision shall be designed to promote harmonious relationships with surrounding adjacent and nearby developed properties and to this end may employ such design techniques as may be appropriate to a particular case, including coordination of yard dimensions, location of lots of various sizes, location of buildings with respect to project boundary lines, location of open spaces and maintenance of vegetation.

8.

Public Facilities and Open Spaces. Land or easements for public facilities or open space shall be dedicated, conveyed or granted in accordance with the requirements of this Article and laws and ordinances governing the subdivision of land.

9.

Maintenance of Common Ownership Properties. Provision shall be made for the designation, ownership, and maintenance of common ownership properties in accordance with the requirements of Article 7.

10.

Preservation of Landscape Amenities. The preservation of natural vegetation, and particularly mature trees, on steep slopes and in stream valleys, should be recognized as a primary design consideration in review and approval of an application under this section. Failure to exercise due care in maintenance of landscape amenities in accordance with approved plans shall be considered a violation of this Ordinance.

4.3.

Yards and Open Space Generally.

1.

Whenever a lot abuts upon a public alley, one-half of the alley width may be considered as a portion of the required yard.

2.

Every part of a required yard shall be open to the sky, except as authorized by this Article, and except ordinary projections of sills, belt courses, window air conditioning units, chimneys, cornices, and ornamental features which may project to a distance not to exceed four (4) feet into a required yard.

3.

Where permitted by district regulations, the Administrator may modify minimum yard requirements by up to fifty (50) percent where the average slope of the buildable area exceeds one and one-half (1.5) feet vertical for each ten (10) feet horizontal in order to achieve an appropriate site for a building to take advantage of geographical or geological features and minimize grading, rock excavation, or destruction of natural vegetation or to avoid a potentially unsafe location for a building or an accessory structure.

4.

More than one (1) main building may be located upon a lot or tract in the following instances:

(a)

Institutional buildings.

(b)

Public or semi-public buildings.

(c)

Multiple-family dwellings.

(d)

Commercial or industrial buildings.

(e)

Homes for the aged.

The provisions of this exception shall not be construed to allow the location or erection of any building or portion of a building outside of the buildable area of the lot.

5.

In the event that a lot is to be occupied by a group of two (2) or more related buildings to be used for residential purposes, there may be more than one (1) main building on the lot when such buildings are arranged around a court; provided, that said court between buildings that are parallel or within forty-five (45) degrees of being parallel, shall have a minimum width of thirty (30) feet for one-story buildings, forty (40) feet for two-story buildings and fifty (50) feet for buildings of three (3) stories or more, and in no case, may such buildings be closer to each other than fifteen (15) feet.

6.

Where a court is more than fifty (50) percent surrounded by a building, the minimum width of the court shall be at least thirty (30) feet for one-story building, forty (40) feet for two-story buildings, and fifty (50) feet for three-story buildings.

4.4.

Front Yards.

1.

Where an official line has been established for the future widening or opening of a street or major thoroughfare upon which a lot abuts, then the depth of a front or side yard shall be measured from such official line to the nearest line of the building. Where no official line is established, the right-of-way of any major thoroughfare, so designated on the Major Thoroughfare Plan shall be assumed to extend at least thirty (30) feet on each side of the center line of the existing right-of-way for the purpose of measuring front yards required by this Ordinance.

2.

On through lots, the required front yard shall be provided on each street.

3.

There shall be a front yard on each street side of a corner lot in any district; provided, however, that the buildable width of a lot of record at the time of passage of this Ordinance shall not be reduced to less than thirty (30) feet.

4.

Telephone booths and bus shelters, when permitted by district regulations, may be located in a required front yard.

5.

Open, unenclosed porches, platforms, or paved terraces, not covered by a roof or canopy and which do not extend above the level of the first floor of the building, may extend or project into the front yard not more than six (6) feet.

6.

Where the street frontage in a block, or within four hundred (400) feet of the lot in question, is partially built up, the minimum front yard for a new building shall be the average of the existing front yards on either side thereof in the same block with a variation of five (5) feet permitted; provided however, that no front yard in a residential district shall be less than twenty (20) feet or need be more than seventy-five (75) feet. Where forty (40) percent or more of the street frontage is improved with buildings that have no front yard, no front yard shall be required for the remainder of the street frontage.

4.5.

Side Yards.

1.

Open, unenclosed porches, platforms, or paved terraces, not covered by roof or canopy and which do not extend above the level of the first floor of the building, may extend or project into the side yard not more than six (6) feet.

2.

For the purpose of the side yard regulations, a group of business or industrial buildings separated by common or party walls shall be considered as one (1) building occupying one (1) lot.

3.

The minimum depth of side yards for schools, libraries, churches, community houses, and other public and semipublic buildings in residential districts shall be twenty-five (25) feet, except where a side yard is adjacent to a business or industrial district, in which case, the depth of that yard shall be as required in the district regulations for the district in which the building is located.

4.6.

Rear Yards. Open fire escapes, outside stairways and balconies, and the ordinary projections of chimneys and flues may project into the required rear yard for a distance of not more than five (5) feet, but only where the same are so placed as not to obstruct light and ventilation.

4.7.

Corner Visibility. No sign, telephone booth, bus shelter, fence, wall, hedge, planting, or other obstruction to vision, extending to a height in excess of three (3) feet above the established street grade, shall be erected, planted, or maintained within the area of a corner lot that is included between the lines of the intersecting streets and a straight line connecting them at [a] point twenty (20) feet distant from the intersection of the street lines.

4.8.

Accessory Buildings and Structures.

1.

Except as herein provided, no accessory building or structure shall project beyond a required yard line along any street.

2.

Permitted accessory storage of a boat, boat trailer or camp trailer shall not be conducted in a front yard.

3.

Accessory buildings which are not a part of the main building, although they may be connected by an open breezeway, may be constructed in a rear yard, provided such accessory building does not occupy more than thirty (30) percent of the area of the required rear yard and provided it is not located closer than five (5) feet to any lot line.

4.

Exception: Carports may be located beyond a required yard line along any street in front, side, and rear yards so long as the location of said carport satisfies the requirements of article 6, section 4.7 regarding corner visibility.

4.9.

Special Regulations for Two-Family Dwellings and Townhouses.

1.

Each dwelling unit of a two-family dwelling must comply with the minimum lot area per dwelling unit specified in the district regulations of Article 4.

2.

The dwelling units and individual lots of a two-family dwelling or town house may be sold separately if separate utilities systems are provided and if separate lots for all dwelling units in a building are created at the same time and in conformance with the Subdivision Regulations.

3.

The following regulations shall apply to townhouses in any district where townhouses are permitted.

(a)

The townhouse building shall comply with minimum lot requirements contained in the district regulations of Article 4, but each dwelling unit of a townhouse need not be located on a lot complying with minimum lot area and lot area per family requirements in the regulations, provided the average for all dwelling units in the building equals or exceeds the minimum requirements and provided no lot is created with lot area less than two thousand (2,000) square feet.

(b)

Lot frontage may be waived in accordance with an approved site plan and lot width measured at the building line, for individual dwelling units of a townhouse may be reduced to not less than eighteen (18) feet. Lot width for end units shall be adequate to provide required front and side yards.

(c)

For the purpose of the side yard regulations, a townhouse building shall be considered as one (1) building on one (1) lot with side yards required for end units only, in accordance with the district regulations of Article 4. Any side yard adjacent to the line of a lot occupied by a detached single-family dwelling or a lot in a single-family residential district shall not be less than twenty-five (25) feet.

(d)

No detached garage or carport or other detached accessory building shall be permitted on a lot occupied by a townhouse.

(e)

Unless otherwise restricted by a district regulation, not more than eight (8) dwelling units shall be included in any one (1) townhouse building group.

(f)

The facades of dwelling units in a townhouse shall be varied by changed front yards of not less than three (3) feet and variation in materials or design so that no more than three (3) abutting units will have the same front yard depth and the same or essentially the same architectural treatment of facades and roof lines.

(g)

Provision satisfactory to the Planning Commission and approved by the Town Attorney shall be made to assure that non-public areas for the common use and enjoyment of occupants of townhouses, but not in individual ownership by such occupants, shall be maintained in a satisfactory manner without expense to the general taxpayer.

(h)

Required off-street parking space of two (2) spaces per dwelling unit may be provided on the lot in the rear yard or within one hundred fifty (150) feet of the lot.

(i)

A site plan complying with the requirements of this Article shall accompany an application for approval of a townhouse development.

(Ord. of 1-23-91; Ord. No. 21-2017, 8-8-17)

The purpose of the special use permit procedure is to provide for certain uses which cannot be well adjusted to their environment in particular locations with full protection offered to surrounding properties by rigid application of the district regulations. These uses either have unusual characteristics or are generally of a public or semi-public character and are essential and desirable for the general convenience and welfare, but because of the nature of the use, the importance of relationship to the comprehensive plan under the state enabling statutes, thus facilitating coordination of the purpose of state planning statutes with those of state zoning enabling statutes. Reasonable conditions may be imposed on a special use to address community impacts and safeguards. A special use permit shall be approved only if it is found that:

A.

The use is compatible with the character and appearance of the surrounding properties and neighborhood in terms of building height, mass, location on the lot, and the design and location of parking, signage, lighting, and other outdoor activities or structures.

B.

The use is in conformance with the established district regulations relative to setback, yards, parking, signage, landscape screening, etc.

C.

The use does not create a demand on public utilities that exceeds the design capacity of these systems or decreases the quality of service to the surrounding neighborhood.

D.

The use does not generate excess traffic or parking issues on public streets that will create congestion or a dangerous traffic condition.

E.

The use does not generate excess noise that would be inappropriate for the neighborhood or adversely affect surrounding properties.

F.

The use furthers the intent of the comprehensive plan.

5.2

Outpatient Treatment Facilities for Alcoholism and Drug Addiction. Outpatient treatment facilities for alcoholism and drug addiction may be permitted by a special use permit subject to the following conditions:

A.

That the facility shall not be located closer than two thousand (2,000) feet (measured from property line) from any house of worship, day care center, public or private elementary or secondary education school, public park, public library, or residentially zoned property, except in unusual circumstances where mitigating conditions can be imposed to minimize adverse effects to residential uses;

B.

That the facility will be in substantial harmony with the area in which it is to be located;

C.

That the facility will not be injurious to adjoining property;

D.

That the facility will contribute to the economic vitality and promote the general welfare of the community;

E.

That the facility will not discourage or negate the use of surrounding property for use(s) permitted by right;

F.

In granting the special use permit, the planning commission, or town council may impose such reasonable and additional stipulations, conditions, or safeguards as, in its judgment, will enhance the siting of the proposed special exception.

(Ord. of 1-23-91; Ord. No. 01-2012, 4-12-12; Ord. No. 03-2020, 2-11-20)

6.1.

For the purposes of assuring careful use of difficult topography and good arrangement, appearance, function, and harmony with surroundings and adjacent uses and the objectives of the Comprehensive Plan, and compliance with the requirements of these regulations, site plans for the following major uses shall be submitted and reviewed in accordance with the requirements and procedures of Article 9:

1.

Uses permitted by approval by special use permit.

2.

Cluster subdivisions or subdivisions which average lot area.

3.

Planned housing developments.

4.

Mobile home parks or subdivisions.

5.

Multiple-family dwellings.

6.

Townhouses.

7.

Churches, temples, and synagogues.

8.

Drive-in facilities, all types.

9.

Automobile service stations.

10.

Hotels, motels, or motor lodges.

11.

Shopping centers.

12.

Business buildings, office buildings, commercial buildings, or industrial buildings, if such buildings are to contain more than five thousand (5,000) square feet of floor area.

13.

Any parking lot or parking facility which is to contain more than five (5) spaces.

14.

All uses which utilize common facilities such as entrances and exits, parking and loading facilities.

15.

Any use noted as subject to site plan review.

Unless specifically stated to the contrary, a use noted as subject to site plan review shall be subject to site plan review under the provisions of Article 9. Where a subdivision is also involved, the review of subdivision plans and site plans will be coordinated under the provision of Article 9 and the requirements of the subdivision regulations.

(Ord. of 1-23-91)

The intent of this section is to permit and regulate the operation of a bed and breakfast establishment in appropriate locations throughout the town in an effort to stimulate tourism. For the purposes of this chapter, bed and breakfast establishments shall not be considered a home occupation. A bed and breakfast establishment shall be subject to the following provisions and any additional conditions that may be specified by the authorizing body to minimize impact on surrounding properties:

A.

Bed and breakfast shall be permitted only in a residential dwelling.

B.

The property owner shall reside in the dwelling and operate the Bed and Breakfast or there shall be a designated manager who resides on the premises.

C.

A maximum of eight (8) rooms may be provided for guests.

D.

Any changes made to the exterior of the building shall be compatible with the residential architecture of the building and not detract from its appearance and function as a residence. Applicant shall submit a plan showing any proposed addition, new exterior door, stairs, lighting or outdoor space.

E.

Breakfast and other light meals may be served to overnight guests.

F.

Parking for guests shall be provided on site, or a combination of on and off-site parking, if sufficient parking is available off-site. One (1) space per room is required plus once space per employee on duty. A parking plan shall be submitted with the permit application. Additional landscape screening of parking areas may be required to minimize intrusion on adjacent residential properties.

G.

Signage for the bed and breakfast shall be limited to the following:

1.

Only one (1) sign for the establishment shall be erected on the property. One (1) additional directional sign for parking may be permitted on the premises.

2.

Sign shall be no larger than two (2) square feet and not lighted.

3.

Sign shall be attached to the wall of the building, porch, or ground mounted.

H.

Accessory use activities such as luncheons, tea, receptions, and private parties or events may be considered and specifically authorized by a special use permit. The following conditions shall be considered for accessory activities:

1.

Maximum number of persons that can be accommodated.

2.

Types, hours and frequency for indoor and outdoor activities or events.

3.

Provisions for controlling noise.

4.

Guest and overflow parking.

(Ord. No. 10-1998, § 1, 4-14-98; Ord. No. 01-2012, 4-12-12)

8.1.

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

Mobile home means a structure subject to federal and/or state regulation, which is transportable in one or more sections; is eight (8) body feet or more in width and forty (40) body feet or more in length in the traveling mode, or is three hundred twenty (320) or more square feet when erected on site; is built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. This definition includes manufactured buildings that are permanently affixed to the land and those that are not so fixed.

Office building means any structure designed for use as an office building, storage building, or other utilitarian use subject to federal and/or state regulation, which is transportable in one (1) or more sections; is eight (8) body feet or more in width and twenty (20) body feet or more in length in the traveling mode, or is three hundred twenty (320) or more square feet when erected on site; and is built on a permanent chassis, with or without a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. This definition includes manufactured buildings that are permanently affixed to the land and those that are not so fixed.

For the purposes of this section, mobile home park means a lot on which are located or which is arranged or equipped for the accommodation of two (2) or more mobile homes occupied for living purposes and not accessory to a farm, and shall include any building structure, tent, vehicle or enclosure used or intended for use as a part of the equipment for such park.

(Ord. No. 21-2017, 8-8-17)

State Law reference— Definitions pertaining to Manufactured Housing Construction and Safety Standards Law, Code of Virginia § 36-85.3.

8.2.

Parking mobile home outside of mobile home park; permit for temporary use of mobile home. It shall be unlawful for any person to park any mobile home or office building on any street, alley, or other public place or on any tract of land owned by any person, occupied or unoccupied, with the town, except within a mobile home park as established by or under the zoning regulations, approved by the health department; provided, that the temporary stopping or parking of a mobile home for no more than two (2) hours or in an emergency is permitted; provided further, a permit for the temporary use of a mobile home or office building may be issued by the building official upon approval by the town manager for advertising, educational, health, office, or storage purposes.

(Ord. No. 21-2017, 8-8-17)

Cross reference— Parking, ch. 12, art. 3.

8.3.

Parking or occupying mobile home on premises of occupied dwelling. No person shall park or occupy any mobile home or office building on the premises of an occupied dwelling or on any lot which is not part of the premises of any occupied dwelling, either of which is situated outside of a mobile home park approved by the health department; provided, however, that parking of only one (1) unoccupied mobile home or office building in an enclosed accessory private garage building in any district, as established by or under the zoning regulations, is permitted if no living quarters are maintained or business conducted in such mobile home while such mobile home is so parked, and no portion of said mobile home or office building is visible.

(Ord. No. 21-2017, 8-8-17)

(a)

Home occupations shall be permitted as specified in the district regulations and subject to the standards and conditions of this section.

(b)

All home occupations must comply with all town, state or federal regulations pertinent to the activity pursued, and the requirements of, or permission granted by, this section shall not be construed as an exemption from such regulations. All home occupations must be properly licensed in accordance with the business, professional and occupational licensing provisions of chapter 11 of this Code.

9.1.

Intent. In order to provide peace, quiet and domestic tranquility within all residential neighborhoods within the town, and in order to guarantee to all residents freedom from excessive noise, excessive traffic, nuisance, fire hazard and other possible effects of commercial uses being conducted in residential areas; and to permit residents of the town a broad choice in the use of their homes as a place of livelihood and the production or supplementing of personal and family income; and to establish criteria and development standards for home occupations conducted in all dwelling units, manufactured homes or mobile homes, the Big Stone Gap town council adopts the following provisions:

9.2.

Definition. A home occupation is an accessory use that is a lawful occupation, profession or activity that is clearly a customary, incidental and secondary use conducted within a residential dwelling unit (for purpose of section 8 only, the term dwelling unit also includes single-family attached or multi-family units, manufactured homes or mobile homes) by a member or members of the family who occupy the dwelling, and which does not alter the exterior of the property or affect the residential character of either the dwelling or the neighborhood.

9.3.

Performance Criteria.

(a)

Applications for a home occupation permit shall be evaluated and investigations conducted using the following criteria, which shall be incorporated as minimum conditions of approval.

(1)

A home occupation shall be incidental to the use of a dwelling unit for residential purposes.

No more than twenty (20) percent of the gross floor area of the dwelling unit may be used in connection with a home occupation or for storage purposes in connection with a home occupation. Gross floor area of a dwelling unit, in this instance, shall include the floor area of all heated and ventilated and thereby habitable rooms and areas within the dwelling unit including basements and habitable attic space.

(2)

On the premises, retail sales shall be prohibited except for the retail sales of products or goods produced or fabricated on the premises as a result of the home occupation.

(3)

The operation of any wholesale business, unless it is conducted entirely by mail and does not involve the sale, shipment or delivery of merchandise on the premises, is prohibited.

(4)

A member or members of the family permanently residing on the premises as well as additional persons who do not reside permanently on the premises may be employed in the home occupation; however, not more than one (1) person not residing permanently on the premises may work on the premises at any given time.

(5)

A home occupation shall not be open to the public at times earlier than 8:00 a.m. nor later than 10:00 p.m.

(6)

No more than four (4) people may avail themselves of the services provided by the home occupation use at a given dwelling unit at any given moment in time. Home occupations that attract customers, clients, or students to the premises for sales or services shall not be allowed in multi-family dwelling units.

(7)

No more than one (1) home occupation shall be permitted within any single dwelling unit.

(8)

A home occupation or any storage of goods, materials, or products connected with a home occupation shall be allowed in accessory structures or garages, attached or detached, provided that the gross floor area used for such uses does not exceed twenty (20) percent of the gross floor area of the principal building. No home occupation or storage of any goods, materials or products connected with a home occupation shall be allowed out-of-doors on the property or in accessory trailers. Samples of goods sold or job-related materials may be carried in vehicles used for business purposes.

(9)

There shall be no exterior indication of the home occupation or variation from the residential character of the principal building. There shall be no display of products visible in any manner from the outside of the principal building.

(10)

There shall be no deliveries to or from a home occupation with a commercial vehicle having a gross vehicle weight of more than fourteen thousand (14,000) pounds. Generally, delivery and pick up of materials and commodities to and from the premises by a commercial vehicle should not exceed two (2) trips per week.

(11)

No materials which decompose by detonation shall be allowed in conjunction with a home occupation.

(12)

Electrical, mechanical or other equipment that creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside the dwelling unit or that creates noise, vibration, smoke, dust, odors, or heat not normally associated with residential uses and that is detectable beyond the property lines or beyond the walls of the dwelling, if the unit is part of a single-family attached or multi-family structure, shall be prohibited. The judgment of the building official shall be considered decisive and final in this matter. Mechanical equipment used for purely domestic or hobby purposes is not prohibited.

(13)

There shall be no signs present on the property except for one (1) sign with a total area of not more than two (2) square feet that may indicate the occupants' name, address, and business, for example J. Smith—Accountant. Home occupation signs shall be installed in accordance with subsection 21-51(b)(9) of this Code. All other signs are permitted only in accordance with article 6, section 3 of this chapter.

(14)

The use shall not require additional off-street parking spaces for clients or customers of the home occupation. On-street parking of customers' or clients' vehicles shall not create safety hazards or unusual congestion. The occupant may park one (1) commercially licensed vehicle used in the business either off- or on-street overnight, so long as said vehicle does not have a gross vehicle weight of more than fourteen thousand (14,000) pounds (refer also to article 6, section 1 of this chapter).

(15)

The home occupation should not generate significantly greater traffic volumes than would normally be expected in a particular zoning district in which the home occupation is conducted.

(16)

No home occupation shall cause an increase in the demand for town services funded from the general fund of the annual budget such as garbage collection, street cleaning, etc. that exceed the average for residences in the immediate neighborhood.

9.4.

Persons with Disabilities.

(a)

Procedure. Persons with demonstrated disabilities may be permitted special consideration by the town manager or his designee. The applicant may request in writing a waiver of a portion of all of one (1) or more of the foregoing requirements. This special request shall be considered by the town manager or his designee within thirty (30) calendar days of the date the application is filed.

(b)

Notification. A permit shall not be issued until all adjacent property owners are notified of the request by the town manager or his designee in writing by first class mail.

(c)

Objection. If no person notified of the permit request objects in writing within ten (10) calendar days of the notice, the town manager or his designee may approve the permit without a hearing.

(d)

Appeal. If one (1) or more persons notified of the permit objects within ten (10) calendar days of the notice, the town manager or his designee shall refer the permit to the board of zoning appeals for public hearing. Likewise, a negative determination may be appealed by the permit applicant to the board of zoning appeals for a public hearing. The board of zoning appeals shall hear and decide the determination of the town manager or his designee in accordance with article 7, section 2 of this chapter and Code of Virginia, § 15.1-495.

9.5.

Nonconforming Home Occupations. A nonconforming home occupation is one which was lawfully established and maintained prior to the effective date of this section but is no longer allowed because of the application of this section or any amendment hereto.

9.6.

Procedure for Obtaining a Home Occupation Permit.

(a)

Application. Application for a home occupation permit shall be made to the town manager or his designee on a form provided by the town and shall be accompanied by the prevailing filing fee as established by town council. This request shall be considered by the town manager or his designee within thirty (30) calendar days of the date the application is filed.

(b)

Notification. A permit shall not be issued until all adjacent property owners are notified by the town manager or his designee of the request in writing by first class mail.

(c)

Objection. If no person notified of the permit request objects in writing within ten (10) calendar days of the notice, the town manager or his designee may approve the permit without a hearing.

(d)

Appeal. If one (1) or more persons notified of the permit objects within ten (10) calendar days of the notice, the town manager or his designee shall refer the permit to the board of zoning appeals for public hearing. Likewise, a negative determination may be appealed by the permit applicant to the board of zoning appeals for a public hearing. The board of zoning appeals shall hear and decide the determination of the town manager or his designee in accordance with article 7, section 2 of this chapter and Code of Virginia, § 15.1-495.

(e)

Scope. In cases where the town manager or his designee considers an application which requests special considerations as permitted by section 8-4, which are deemed to be outside of the scope of section 8-4, said application will be denied.

(f)

Time Limit. All home occupation permits shall be valid for a period of one (1) year from the initial date of approval.

(g)

Voiding of Permit. The town manager or his designee may void any home occupation permit for noncompliance with the criteria set forth in this section. Revocation may take place at any time prior to the expiration date of the permit. If the permit is revoked or is not renewed, it becomes null and void and said use shall be terminated.

(h)

Appeals. The decision of the town manager or his designee concerning approval or revocation shall be final unless a written appeal is filed with the board of zoning appeals within thirty (30) calendar days of the decision. An appeal must be filed in accordance with article 7, section 2 of this chapter and Code of Virginia, § 15.1-495.

(i)

Inspection. Home occupation applicants shall permit a reasonable inspection of the premises by the town manager or his designee to determine compliance with this section. Home occupations may be field-checked annually by town staff to determine compliance.

(j)

[Renewal.] Home occupation permits may be renewed annually provided there have not been any violations of the provisions of this chapter. Requests for renewals shall be submitted to the town manager or his designee in writing, accompanied by the prevailing renewal fee, as established by town council resolution, one (1) month prior to the expiration of the permit.

(Ord. No. 02-2020, 2-11-20)

Owing to their potential negative impact on the community, the treatment facilities, where allowed by the district, may be permitted by a special use permit according to the requirements of section 5 of this article.

(Ord. No. 03-2020, 2-11-20)