(a)

General Standards: The keeping of swine for commercial purposes shall be prohibited except in the Agricultural and Forestal District.

(b)

Rural Residential and Rural Residential II:

Minimum lot size: Two (2) acres.

(a)

General standards:

(1)

No more than one (1) farm employee dwelling for every twenty-five (25) acres of land, or portion thereof, in the agricultural use shall be permitted.

(2)

All farm employee housing shall comply with the setback requirements for a principal structure.

(a)

Creek Valley District standards: Forestry operations conducted in the Creek Valley District shall be conducted in accordance with a Timber Management Plan that has been approved by the Virginia Department of Forestry.

General standards:

(1)

Minimum lot size: Two (2) acres.

(2)

On lots of less than five (5) acres, no more than two (2) horses or ponies shall be permitted.

(3)

Stables and corrals shall comply with all the setback and minimum building separation requirements for accessory buildings.

(4)

Stables shall properly manage animal waste so as to not create a nuisance or health hazard to adjoining or nearby property owners.

General standards:

(1)

Front yard setback: Fifteen (15) feet from any public right-of-way, except twenty-five (25) feet from right-of-way of a collector road.

(2)

At least fifty (50) percent of the goods and/or merchandise shall be produced on the site of the stand, on adjoining contiguous property or on other properties owned or leased by the owner of the site on which the wayside stand is located.

(3)

Entrances and exits to roads shall be clearly delineated, shall be so located as to provide safe ingress and egress from roads, and shall be approved by the Town.

(4)

Maximum size: Two hundred (200) square feet.

(5)

A minimum of three (3) parking spaces shall be provided.

(a)

Generally:

(1)

Private kennels are permitted only on land included in the Agricultural and Forestal District.

(2)

A private kennel shall be permitted only when accessory to a single-family dwelling.

(3)

Exterior runs, pens and other confined areas designed to house four (4) or more animals shall be set back at least twenty-five (25) feet from any property line. For the purposes of this section, six-foot high architectural perimeter fencing of a yard shall not be considered a confined area, and is not subject to this setback requirement.

(a)

All accessory apartments subject to these Use and Design Standards shall be registered through the accessory apartment permit program pursuant to Zoning Ordinance § 1271 and meet all requirements in this section.

(b)

General standards:

(1)

Use and occupancy of each dwelling unit must comply with all applicable building code regulations.

(2)

The accessory apartment shall be clearly secondary and accessory to the primary dwelling unit as to location, height, square footage, floor area ratio, and building coverage and in keeping with the character of a single family neighborhood. The accessory apartment must be integrated into or be compatible with the primary structure using features such as roof lines, exterior materials, window patterning or exterior color.

(3)

No accessory apartment shall exceed twenty-eight (28) feet in height, or twenty (20) feet in height at the eaves at the setback line, or the highest point of the primary dwelling unit roof. Height shall be measured in accordance with Zoning Ordinance § 2301 and the measurement shall be taken at the adjoining grade of the front entrance for the primary structure and for the accessory apartment.

(4)

The accessory apartment shall have working smoke detectors in each room of the apartment. Carbon monoxide detectors are required with the use of gas heating or appliances.

(5)

The accessory apartment shall have an egress window in any sleeping area.

(6)

No commencement of use of an accessory apartment shall occur until the property owner has an approved accessory apartment permit from the Town of Blacksburg and any building permits have been issued for construction related to the accessory apartment and the work completed and approved by the Town.

(7)

The underlying zoning district development standards for lot coverage that apply to the primary dwelling shall also include the accessory apartment in the calculations of this standard.

(8)

Off-street parking is not required for the accessory apartment. If any parking is proposed, the parking shall be of a pervious surface such as pervious pavers, pervious concrete or other pervious material as approved by the Zoning Administrator.

(9)

Occupancy standards are set forth in the underlying zoning district regulations.

(c)

In addition to the general standards set forth above in paragraph (b), the following shall apply to interior (attached) accessory apartments:

(1)

The accessory apartment must be entirely contained within the primary structure or an addition in accordance with these regulations.

(2)

The gross floor area of the accessory apartment shall not exceed eighty (80) percent of the gross floor area of the primary structure in which it is located. In no case shall the maximum square footage exceed 1,000 square feet.

(3)

The square footage of the accessory apartment shall count in the calculation of floor area ratio.

(4)

Setbacks for the accessory apartment shall comply with setbacks for the zoning district.

(d)

In addition to the requirement set forth above in paragraph (b), the following requirements apply to detached (exterior) accessory apartments:

(1)

The gross floor area of the accessory apartment may not exceed eighty (80) percent of the gross floor area of the primary structure, or a maximum 1,000 square feet of gross floor area. For a garage apartment, the gross floor area includes the square footage of the garage.

(2)

The exterior accessory apartment shall be located behind the front building line of the primary structure in the side or rear yard.

(3)

The total footprint of all accessory structures (including sheds, detached garages, etc.) shall not exceed thirty (30) percent of the rear yard area. The rear yard area includes the distance from the back of the primary dwelling unit to the rear yard property line and the distance between the side property lines.

(4)

The square footage of the detached accessory apartment shall not count in the calculation of floor area ratio.

(5)

The setback requirements of the underlying zoning district shall be met on all public street frontages. However, if the accessory apartment is not located in a yard adjacent to a public right of way the minimum setbacks shall be as follows:

i.

Side yard: Seven and one half (7 1/2) feet.

ii.

Rear yard: Seven and one half (7 1/2) feet.

(6)

Patios, decks, and balconies for the accessory apartment shall not be located on either of the two sides of the accessory dwelling unit that are closest to adjoining property owners.

(e)

Incorporation of universal design standards.

To promote aging-in-place, housing for differently-abled individuals, and to create units that can serve the future housing needs of the owner, family members or renters, universal design features such as zero step entry, wider doorways and hallways, no step or low step showers and universal design door handles are encouraged in all accessory apartments.

(Ord. No. 1816, § 1, 4-11-17; Ord. No. 2022, § 1, 5-9-23)

(a)

Intent—Under certain unique circumstances a small-scaled commercial activity may be an appropriate use within a residential dwelling. The standards and procedure for establishing such uses are intended to limit the scope and nature of such uses and ensure compatibility with the adjoining properties.

(b)

General standards:

(1)

Home occupations shall be clearly incidental and secondary to the use of the dwelling for residential purposes and shall not change its character as a residence. The use of colors, materials, construction, lighting, or other means inconsistent with a residential use shall be prohibited.

(2)

No equipment or process shall be used in a home occupation which creates noise in excess of 60 dB(A) measured at the property line, or vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the premises or through common walls. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or through common walls.

(3)

There shall be no outside storage of goods, products, equipment, or other materials associated with the home occupation, nor shall these materials be stored inside an accessory structure. No toxic, explosive, flammable, radioactive, or other hazardous materials used in conjunction with the home occupation shall be used, sold, or stored on the site.

(4)

The maximum floor area permitted for a home occupation shall be twenty-five (25) percent of the finished floor area of the dwelling unit. Storage of goods or products shall not exceed five (5) percent of the finished floor area.

(5)

One (1) person who is not a permanent resident of the dwelling may be engaged or employed in the home occupation.

(6)

The street address of the home occupation may be used in advertisements.

(7)

No sign may be placed on the property advertising the home occupation.

(8)

The type and volume of traffic generated by a home occupation shall be consistent with the traffic generation characteristics of other dwellings in the area. In addition, the lot or property on which the home occupation is conducted shall not have any parking spaces added to it during the time the home occupation is being conducted.

(9)

The home occupation shall not increase demand on water, sewer, or garbage collection services to the extent that the combined demand for the dwelling and home occupation is significantly more than is normal to the use of the property for residential purposes.

(a)

Generally:

(1)

Except in the DC district, the minimum separation between each multifamily dwelling shall be twenty-five (25) feet.

(2)

Sidewalks shall connect each unit to the parking area serving that unit, to other units on-site, and to other buildings or uses on adjacent lots.

(3)

The street elevation of the residential buildings shall have at least one (1) street-oriented entrance, and contain the principal windows of the front unit.

(4)

All parking spaces shall be located behind the front building line. However, Town Council may grant a special exception as authorized by § 1112.

(5)

Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on the surrounding residential neighborhood.

(6)

Except in the Downtown Commercial District and the MXD District, for any development of twenty (20) or more bedrooms, a minimum of twenty (20) percent of the gross land area shall be reserved as open space. A specific recreational activity area or areas shall be developed and maintained for the residents of the development as part of this open space, as follows:

a.

The size, location, shape, slope, and condition of the land shall be suitable for a specific recreational activity.

b.

The amount of land devoted to recreation shall be a function of the population to be served. Consideration shall be given to the size of the development, number and characteristics of expected residents, proximity to other available recreational facilities, topography, and natural features on the site.

c.

Safety buffers shall be provided for users of recreational facilities and equipment using recognized engineering and recreation standards.

d.

Indoor recreational area may be used as a specific recreational activity area. The indoor recreational area shall count as a part of lot coverage, as regulated by the district standards.

(7)

The site development plan or the conditional use permit application shall contain a floor plan of the proposed multifamily dwellings, showing the location, size, and type of rooms proposed.

(8)

The use of alternative pavements, such as brick pavers or porous pavement is permitted. Courtyard style parking is permitted.

(9)

An approved owner's association shall be established for multiunit structures having individually-owned units and common open space and facilities, including but not limited to parking and streets. The charter of the owner's association shall contain provisions for maintenance of the common facilities and shall be subject to the approval of the Administrator. The Charter and covenants relating to maintenance of the common facilities shall be recorded prior to issuance of the certificate of zoning compliance.

(b)

Additional Standards in the OTR and R-5 zoning districts:

(1)

The minimum side setback for all new principal structures is twenty (20) feet.

(2)

A type B buffer yard as specified in Article V, Division 3 shall be provided when the lot is adjacent to property zoned R-4, R-5, OTR, PR, RR1, or RR2.

(3)

Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance.

(4)

For existing structures, no exterior changes may be made that are nonresidential in character. The architecture and historic character of structures in the OTR zoning district shall be retained.

(5)

The retention and use of existing structures that contribute to the character of the neighborhood shall be a consideration in the granting of a conditional use permit.

(6)

Newly constructed multifamily dwelling shall be residential in scale. Building height, massing, and size shall be compatible with adjacent residential development.

(c)

Additional standards in the DC zoning district:

(1)

The design of new structures containing multifamily dwellings should be in keeping with the character of the area of downtown in which they are to be located. The design should include a transition in height and scale to adjacent less intensive land uses. This is particularly important for new structures located on side streets and on sites that are abutting or across the street from existing one (1) and two-story single family homes. The Historic District Advisory Guidelines should be considered in the design of multifamily dwellings.

(2)

Off-street parking must be provided for bedrooms obtained through use of the density bonus in § 3142(c). Required parking is for the bonus bedrooms only and may be provided on-site or provided off-site within one-fourth (¼) mile walking distance of the site and secured through a lease agreement. Any area used for off-site parking may be leased on a yearly basis but the parking requirements must continue to be met throughout the life of the project; a letter demonstrating compliance with this requirement must be provided to the Zoning Administrator each year by July 1st. On-site parking must be located in the rear of the buildings.

(3)

In the DC district, courtyard parking is not allowed on the street frontage and may only occur in the rear yard behind buildings.

(4)

Durable building materials must be used and no vinyl siding is allowed on any façade visible from the public right-of-way. Vinyl siding is not in keeping with the character of the Downtown Commercial zoning district or the Blacksburg Historic Overlay District.

(Ord. No. 1215, § 34, 5-11-99; Ord. No. 1439, 4-10-07; Ord. No. 1513, § 1, 4-14-09; Ord. No. 1680, § 1, 5-14-13; Ord. No. 1770, § 1, 10-13-15)

(a)

Intent— The following provisions are intended to offer greater flexibility in providing a variety of housing options to meet the changing demands and needs of the public. The standards below are intended to accommodate new developments of attached single-family dwellings, as well as to allow attached single-family dwellings as in-fill development on scattered sites in existing residential areas. In addition, these standards are intended to insure that single-family attached units will be residential in scale, and compatible with surrounding residential development.

(b)

General standards:

(1)

Vertical stacking of attached units is not permitted.

(2)

A maximum of four (4) units may be attached.

(3)

The principal orientation of each residential building shall be parallel to the street it faces. The street elevation of each residential building shall have at least one (1) street oriented entrance, and contain the principal windows of the unit.

(4)

Public street frontage shall not be required for attached units.

(5)

District standards regarding building height and floor to area ratios shall apply to individual single-family attached units on a lot-by-lot basis.

(6)

All parking spaces shall be located behind the front building line except for individual driveways serving individual units. Shared driveways are encouraged, with the recordation of perpetual easements to provide for the use and maintenance of the shared driveway. Courtyard style parking is permitted, as is the use of alternative pavements, such as brick pavers or porous pavement.

(7)

For any development of five (5) or more single-family attached dwellings, a minimum of twenty (20) percent of the gross land area shall be reserved as open space. A specific recreational activity area or areas shall be developed and maintained for the residents of the development as part of this open space, as follows:

a.

The size, location, shape, slope, and condition of the land shall be suitable for a specific recreational activity.

b.

The amount of land devoted to recreation shall be a function of the population to be served. Consideration shall be given to the size of the development, number and characteristics of expected residents, proximity to other available recreational facilities, topography, and natural features on the site.

c.

Safety buffers shall be provided for users of recreational facilities and equipment using recognized engineering and recreation standards.

d.

Indoor recreational area may be used as a specific recreational activity area. The indoor recreational area shall count as a part of lot coverage, as regulated by the district standards.

(8)

Sidewalks shall connect each unit to the parking area serving that unit, to other units on-site, and to other buildings or uses on adjacent lots.

(9)

Trash dumpsters, trash containers, recycling containers, and mechanical equipment shall be screened per the requirements of Article V.

(10)

A subdivision plat shall be submitted with the site development plan or with the conditional use permit application, where individual attached units are to be constructed on individual lots. The subdivision plat shall meet the standards of the Subdivision Ordinance, except the dedication of park land shall not be required where twenty (20) percent open space is provided.

(11)

The final subdivision plat shall not be submitted for review until the foundation has been constructed.

(12)

All new buildings shall be residential in style and consistent in character with the surrounding neighborhood.

(c)

Additional standards in the RR1, RR2, OTR, and PR districts:

(1)

A maximum two (2) single-family attached buildings may be constructed adjacent to each other.

(2)

Minimum side setback for new construction of single-family attached units:

15 feet.

(3)

A type A buffer yard (see Article V) shall be required on any lot which abuts the R-4, R-5, OTR, PR, RR1, or RR2 zoning district.

(4)

The scale, massing, and building design should be compatible with the surrounding neighborhood. The structure shall be street-oriented with pedestrian entrances from the street. Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance.

(d)

Additional standards in the OTR district: The retention and use of existing structures that contribute to the character of the neighborhood shall be a consideration in the granting of a conditional use permit.

(e)

Additional standards in RR1 and RR2: Townhouses, two-family dwellings, and single-family attached combined shall constitute a maximum of fifty (50) percent of the dwelling units in any subdivision.

(Ord. No. 1184, adopted 6-9-98; Ord. No. 1415, § 14, 7-11-06; Ord. No. 1513, § 1, 4-14-09)

(a)

Intent. These standards are intended to minimize the potential conflicts between special housing and nearby residential uses, to insure that any residence used for special housing is used in a safe manner, and to provide for adequate parking and recreational facilities as required by the resident organization.

(b)

Standards in the Special Housing Overlay District:

(1)

Site development standards:

a.

Minimum lot size: Eight thousand five hundred (8,500) square feet

b.

Parking

1.

A minimum of one (1) space per resident plus one (1) space per ten (10) nonresident active members shall be provided. Parking must be provided off-street, behind the front building line, with an all-weather surface.

2.

Multiple student organizations may share one (1) parking area, under the following conditions, in addition to those contained in Article V, Division 2 [of this Appendix]:

Meetings and/or social events are not held on the same date;

The parking facilities must be within eight hundred (800) feet of each house;

3.

Safe and convenient pedestrian access must exist or be provided;

4.

The area must contain at least one (1) space for each bed available at both houses combined, plus one (1) space per ten (10) nonresident active members of the larger of the organizations sharing parking.

5.

Parking requirements may be reduced with an approved mass transit or alternative transit plan per Article V, Division 2 [of this Appendix].

c.

Location. The house must be located on a Blacksburg Transit bus route or within 0.5 mile of campus.

d.

Storage. There shall be no outside storage of bicycles or other equipment, except a bike rack is permitted behind the front building line.

e.

Solid Waste. A solid waste dumpster with appropriate screening shall be provided for the use of the occupants of the house. As an alternative, a trash enclosure may be provided, behind the front building line. Dumpsters may be clustered in a shared location to serve adjacent special housing uses. The special housing shall meet the requirements for commercial solid waste and commercial recycling of Chapter 22 of the Town Code.

f.

Screening. Architectural screening of brick or wood panel, at least six (6) feet in height shall be provided for any lot which abuts a single-family, single-family attached, two-family or townhome structure. The purpose of the architectural screening is to provide a visual barrier, as well as a noise barrier and physical obstacle between the properties, and the proposed design of the fence must accomplish these purposes. The architectural screening shall extend along the side yards from the front building line to the rear lot line, and along the rear lot line. Landscaping shall be provided adjacent to this screening on the exterior face.

g.

Recreation facilities. A specific recreational activity area or areas may be developed and maintained for the members of the organization. Any proposal for an outdoor recreational facility must be included in the conditional use permit application, or in the renewal request, or an application for conditional use permit amendment. The outdoor recreational facility should be designed to minimize the impacts upon adjacent properties, e.g. noise, lighting, and hours of operation. No overhead outdoor lighting shall be permitted for the illumination of an outdoor recreational facility.

h.

Outdoor furniture. Outdoor furniture shall be appropriate for such use. Indoor furniture, such as upholstered chairs and couches, shall not be used on porches, in yards, or other outside areas.

i.

Signs. An identification sign, attached to the residence, of a maximum size per the underlying district is permitted, with lighting directed toward the sign. The lighting shall not cause a glare onto adjacent properties or oncoming traffic. Any sign must be approved as an element of the conditional use permit.

(2)

Site Occupancy Standards:

a.

Maximum occupancy shall be in compliance with the Virginia Uniform Statewide Building Code for Existing Structures and the conditional use permit. The Town will conduct an annual inspection of the property to verify compliance.

b.

Building maintenance shall be in compliance with the Virginia Uniform statewide Building Code for Existing Structures. The Town will conduct an annual inspection of the property to verify compliance.

c.

The organization shall have a Resident Manager. The name of the Resident Manager shall be registered annually with the Planning and Building Department. This person, or his or her designee, must be present during social events held at the house. The name of any designee shall be registered with the Police Department prior to the event.

d.

The organization shall make a prompt and effective response to neighborhood complaints concerning lifestyle conflicts such as, but not limited to, excessive noise, accumulation of debris, public intoxication of members or guests, trespassing, and property damage. A "neighborhood relations committee," consisting of representatives from the organization the neighborhood, civic organizations, and the Town, shall be established to receive, investigate, and respond to such complaints. For fraternities and sororities, membership in the umbrella organization created by the Town, Virginia Tech, the Interfraternal Council, and the Panhellenic Council, will fulfill this requirement.

e.

The organization shall take effective measures to ensure that activities conducted at the residence are conducted in compliance with Town and Virginia laws, including, but not limited to, laws pertaining to under-age drinking, public drunkenness, excessive noise, weeds and debris, overcrowding, sexual assault, and anti-hazing rules.

f.

The architecture and historic character of structures in the Special Housing Zoning District shall be retained. The retention and use of existing structures that contribute to the character of the neighborhood shall be a consideration in the granting of a conditional use permit.

(Ord. No. 1339, § 16, 9-9-03; Ord. No. 1465, § 1(c), 2-12-08; Ord. No. 1513, § 1, 4-14-09)

(a)

Intent. It is the intent of this section that townhouses be allowed in areas where they are or may be appropriately intermingled with other compatible types of housing. The purpose of the following design standards is to ensure the efficient, economical, comfortable and convenient use of land and open space and serve the public purposes of zoning by providing an alternative to conventional arrangements of yards and buildable areas.

(b)

General standards:

(1)

Except in the DC District a maximum of eight (8) dwelling units may be constructed in a contiguous series of townhouses. No more than two (2) contiguous series shall be constructed adjacent to each other.

(2)

Proposals for facades and treatment of external materials shall be submitted as a condition of site plan approval. Townhouse design, scale, and building materials shall be single-family residential in appearance.

(3)

Except in the DC District, the minimum separation between any contiguous series of townhouse units shall be twenty (20) feet from any other contiguous series of townhouse units. The minimum separation between any contiguous series of townhouse units shall be forty (40) feet from any other adjacent principle structure. Zoning district setback requirements do not apply to individual townhouse lots. Setback requirements do apply to the lot or parcel from which the individual townhouse lots are subdivided.

(4)

Sidewalks shall connect each townhouse to the parking area serving that townhouse, to other buildings within the site, and to other buildings or uses on adjacent lots.

(5)

The principal orientation of all townhouses shall be the street or parking area on which the lot has frontage. There shall be at least one (1) entrance facing the street, and the principal windows of the townhouse shall also face this street.

(6)

Shared driveways are permitted, with the recordation of perpetual easements to provide for the use and maintenance of the shared driveway. Courtyard style parking is permitted. Only one (1) yard, either the front yard or the rear yard, or in the case of an end unit, the side yard, shall be improved with a driveway or parking spaces. All parking spaces shall be located behind the front building line. Town Council may grant a special exception to this requirement as authorized by § 1112.

(7)

Entrances to the townhouse development shall be minimized and designed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any adjacent residential neighborhood.

(8)

All accessory structures must be located behind the rear building line of the townhouse.

(9)

A subdivision plat shall be submitted with the site development plan or with the conditional use permit application, where individual attached units are to be constructed on individual lots. The subdivision plat shall meet the standards of the Subdivision Ordinance, except the dedication of park land shall not be required where twenty (20) percent open space is provided per subsection (11), below.

(10)

The final subdivision plat shall not be submitted for review until the foundation has been constructed.

(11)

Except in the MXD and DC Districts, for any development of five (5) or more townhouses a minimum of twenty (20) percent of the gross land area shall be reserved as open space for community recreation use. A specific recreational activity area or areas shall be developed and maintained for the residents of the development as part of this open space, as follows:

a.

The size, location, shape, slope, and condition of the land shall be suitable for a specific recreational activity.

b.

The amount of land devoted to recreation shall be a function of the population to be served. Consideration shall be given to the size of the development, number and characteristics of expected residents, proximity to other available recreational facilities, topography, and natural features on the site.

c.

Safety buffers shall be provided for users of recreational facilities and equipment using recognized engineering and recreation standards.

d.

Indoor recreational area may be used as a specific recreational activity area. The indoor recreational area shall count as a part of lot coverage, as regulated by the district standards.

(12)

The site development plan or the conditional use permit application shall contain a floor plan of the proposed townhouses, showing the location, size, and type of rooms proposed.

(13)

The floor to area ratio shall be computed as the gross floor area of all dwelling units to the parent parcel.

(14)

Front yard setbacks for adjacent units shall vary a minimum of three (3) feet and a maximum of eight (8) feet.

(15)

Public street frontage shall not be required for any lot of record platted for townhouse development.

(c)

Additional standards in the R-5 district:

(1)

Newly-constructed townhouses shall be residential in scale. Building height, massing and size shall be compatible with adjacent residential development.

(2)

Minimum side setback for new structures: Ten (10) feet.

(3)

A buffer yard of at least ten (10) feet shall be required on any lot which abuts the R-4, R-5, OTR, PR, RR1, or RR2 zoning district.

(4)

Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance.

(d)

Additional standards in the RR1 and RR2 zoning districts:

(1)

A maximum of four (4) dwelling units may be constructed in a contiguous series of townhouses. No more than two (2) contiguous series shall be constructed adjacent to each other.

(2)

Townhouse units shall constitute a maximum of twenty-five (25) percent of the dwellings in any subdivision.

(e)

Additional standards in the DC zoning district:

(1)

Townhouses shall be oriented to the street and the primary entrance shall be facing the street. Differentiation between the public sidewalk space and the townhouse is required and may be accomplished with one (1) or more of the following design elements:

a.

Variation in building articulation and setback in keeping with the character of the historic district; or

b.

Elevation of the entrance above or below sidewalk a minimum of two (2) feet and maximum of five (5) feet.

(2)

The ground floor space of the townhouses adjacent to the sidewalk/street must contain conditioned habitable living space and not consist solely of garage parking space for the residential unit.

(3)

Townhouse shall be setback no further than ten (10) feet from the street facing property line as measured from the back of the sidewalk.

(4)

No off-street parking or one (1) parking space per residential unit are the preferred design options in the DC district. Off-street parking, however, must be provided for bedrooms permitted by the density bonus in § 3142(c). Parking is required for the bonus bedrooms only and may be provided on-site or provided off-site within one-fourth (¼) mile walking distance of the site secured through a lease agreement. Any area used for off-site parking may be leased on a yearly basis but the parking requirements must continue to be met throughout the life of the project; a letter demonstrating compliance with this requirement must be provided to the Zoning Administrator each year by July 1st. On-site parking must be located in the rear of the buildings.

(5)

Individual driveways are not permitted. Multiple townhouses must share a common access drive. If parking is provided to multiple units through a common driveway, the driveway may be less than the standard width but in no case less than twelve (12) feet and subject to the Zoning Administrator's determination that the reduced width is still maneuverable and is appropriate to the urban setting of the development.

(6)

The Residential Infill Guidelines as referenced in the Comprehensive Plan and the Historic District Advisory Guidelines should be considered in the design of the townhouses. The design of new townhouse structures should be in keeping with the character of the area of downtown in which they are to be located. The design should include a transition in height and scale to adjacent less intensive land uses. This is particularly important for new structures located on side streets and on sites that are abutting or across the street from existing one (1) and two-story single family homes.

(7)

Durable building materials must be used and no vinyl siding is allowed on any façade visible from the public right-of-way. Vinyl siding is not in keeping with the character of the Downtown Commercial zoning district or the Blacksburg Historic Overlay District.

(Ord. No. 1215, § 34, 5-11-99; Ord. No. 1369, § 14, 10-12-04; Ord. No. 1439, 4-10-07; Ord. No. 1513, § 1, 4-14-09; Ord. No. 1680, § 1, 5-14-13; Ord. No. 1770, § 1, 10-13-15)

(a)

General standards:

(1)

Except in the MXD District, the principal orientation of each residential unit shall be parallel to the street it faces. The street elevation of each residential unit shall have at least one (1) street oriented entrance, and contain the principal windows of the unit.

(2)

All parking spaces shall be located behind the front building line. Town Council may grant a special exception to this requirement as authorized by Section 1112. Shared driveways are permitted, with the recordation of perpetual easements to provide for the use and maintenance of the shared driveway. Courtyard style parking is permitted, as is the use of alternative pavements, such as brick pavers or porous pavement.

(3)

Except in the MXD District, for any development of five (5) or more two-family attached dwellings, a minimum of twenty (20) percent of the gross land area shall be reserved as open space for community recreation use.

(4)

Sidewalks shall connect each unit to the parking area serving that unit, to other units on-site, and to other buildings or uses on adjacent lots.

(5)

Trash dumpsters, trash containers, recycling containers, and mechanical equipment shall be screened per the requirements of Article V.

(6)

A subdivision plat shall be submitted with the site development plan or with the Conditional Use Permit application, where individual attached units are to be constructed on individual lots. The subdivision plat shall meet the standards of the Subdivision Ordinance, except the dedication of park land shall not be required in the MXD District or when twenty (20) percent of the area is reserved as open space per subsection (3), above.

(7)

The final subdivision plat shall not be submitted for review until the foundation has been constructed. The final subdivision plat must be submitted within twelve (12) months of the approval of the preliminary plat.

(8)

The street elevation of the residential buildings shall have at least one (1) street-oriented entrance, and contain the principal windows of the front unit.

(b)

Additional standards in the OTR district:

(1)

Minimum side setback: Fifteen (15) feet.

(2)

A type A buffer yard shall be required on any lot which abuts the R-4, R-5, OTR, PR, RR1, or RR2 zoning district.

(3)

The retention and use of existing structures that contribute to the character of the neighborhood is encouraged.

(4)

Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance.

(c)

Additional standards in the RR1 and RR2: Townhouses, two-family dwellings, and single-family attached, combined shall constitute a maximum of fifty (50) percent of the dwelling units in any subdivision.

(d)

Additional standards in the R-5 district:

(1)

Require landscaping:

Street trees: One (1) tree per thirty (30) feet of road frontage.

Tree canopy coverage: R-5 requirement is twenty (20) percent.

Parking lot landscaping: Five (5) percent of the parking lot shall be landscape with trees and groundcover.

Tree replacement requirement: Any trees on the site which are a caliper of five (5) inches or more at a height of one (1) foot above the ground, or ornamental trees over twelve (12) feet in height which are to be removed during site development shall be replaced.

(2)

The applicant must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance.

(3)

The historic or design review board shall review all building permit applications and make recommendations to the applicant and Zoning Administrator for amendments to achieve consistency with this Section. These recommendations are advisory only.

(Ord. No. 1184, adopted 6-9-98; Ord. No. 1215, § 34, 5-11-99; Ord. No. 1278, § 12, 11-13-0; Ord. No. 1308, § 11, 8-13-02; Ord. No. 1439, 4-10-07; Ord. No. 1513, § 1, 4-14-09; Ord. No. 1680, § 1, 5-14-13)

(a)

General standards:

(1)

Minimum lot size: Twenty thousand (20,000) square feet

(2)

Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(b)

Additional standards in the R-4, R-5, and OTR zoning districts:

(1)

The scale, massing, and building design should be compatible with the surrounding neighborhood. The structure shall be street-oriented with pedestrian entrances from the street. Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance.

(2)

Exterior lighting shall be compatible with the surrounding neighborhood.

(3)

Minimum side setback for new structures: Twenty (20) feet.

(4)

A type B buffer yard shall be provided in yards adjacent to a R-4, R-5, OTR, PR, RR1 or RR2 zoning district.

(5)

Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood.

(Ord. No. 1215, § 34, 5-11-99; Ord. No. 1680, § 1, 5-14-13)

(a)

General standards:

(1)

Any outdoor activity area, swimming pool, or ball field or court which adjoins a residential use type shall have a thirty (30) feet transitional yard, which shall be landscaped in accordance with Article V of this ordinance. Where night-time lighting of such areas is proposed large evergreen trees shall be required in a location appropriate to screen adjoining residences. Any such night-time lighting shall be constructed in accordance with the standards for a residential district contained in Article V of this ordinance.

(2)

The minimum area for a camp shall be ten (10) contiguous acres.

(3)

Multiple structures may be constructed on the property, such as cabins, lodges and other facilities typical of a camp provided that all structures comply with the setback requirements for a principal structure from adjoining property lines.

(4)

Each building intended to accommodate members shall be accessible via an all weather road suitable to accommodate emergency vehicles serving the property.

(5)

One (1) year-round residence may be constructed as a caretaker's home in addition to other facilities on the property.

(a)

General standards:

(1)

Minimum lot requirement: Ten (10) acres.

(2)

Minimum frontage: One hundred (100) feet on an arterial street.

(3)

Any structure used as a religious assembly, office, maintenance building, parking, or similar use shall have a type B buffer yard.

(4)

A type A buffer yard shall be provided in yards adjacent to an R-4, R-5, RM-27, RM-48, OTR, PR, RR1 or RR2 zoning district.

(5)

No graves shall be located within the buffer yards.

(6)

Exterior speakers may be permitted by condition of the conditional use permit.

(7)

All driveway shoulders shall be constructed with a reinforced grass system approved by the Administrator.

(Ord. No. 1258, § 2, 1-9-01; Ord. No. 1513, § 1, 4-14-09)

(a)

General standards:

(1)

Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(b)

Additional standards in the R-4, R-5, and OTR zoning districts:

(1)

The scale, massing, and building design should be compatible with the surrounding neighborhood. The structure shall be street-oriented with pedestrian entrances from the street. Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance.

(2)

Exterior lighting shall be compatible with the surrounding neighborhood.

(3)

Minimum side setback for new structures: Twenty (20) feet.

(4)

A type B buffer yard shall be provided in yards adjacent to a R-4, R-5, OTR, PR, RR1 or RR2 zoning district.

(5)

Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood.

(6)

The architecture and historic character of structures in the R-5 and OTR zoning districts shall be retained. The retention and use of existing structures that contribute to the character of the neighborhood shall be a consideration in the granting of a conditional use permit.

(Ord. No. 1215, § 34, 5-11-99; Ord. No. 1258, § 2, 1-9-01; Ord. No. 1513, § 1, 4-14-09; Ord. No. 1680, § 1, 5-14-13)

(1)

General standards: Any outdoor activity area, swimming pool, or ball field or court which adjoins a residential use type shall be landscaped in accordance with Article V of this ordinance. Where night-time lighting of such areas is proposed large evergreen trees shall be required in a location appropriate to screen adjoining residences. Any such night-time lighting shall be constructed in accordance with the standards for a residential district contained in Article V of this ordinance.

(2)

Additional standards in the MXD, DC and GC zoning districts: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1258, § 2, 1-9-01; Ord. No. 1308, § 12, 8-13-02; Ord. No. 1339, § 27, 9-9-03; Ord. No. 1439, 4-10-07; Ord. No. 1680, § 1, 5-14-13)

(a)

General standards:

(1)

Minimum lot size: Twenty thousand (20,000) square feet

(b)

Additional standards in the R-4, R-5, and OTR zoning districts:

(1)

Minimum side setback: Twenty (20) feet.

(2)

A type B buffer yard shall be provided in yards adjacent to a R-4, R-5, OTR, PR, RR1 or RR2 zoning district.

(3)

Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(4)

Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance. The hours of operation may be restricted through the conditional use permit. The scale, massing, and building design should be compatible with the surrounding neighborhood. The structure shall be street oriented with pedestrian entrances from the street.

(5)

Exterior lighting shall be compatible with the surrounding neighborhood.

(6)

Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood.

(c)

Additional standards in the MXD, DC and GC zoning districts: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1215, § 34, 5-11-99; Ord. No. 1258, § 2, 1-9-01; Ord. No. 1308, § 13, 8-13-02; Ord. No. 1339, § 27, 9-9-03; Ord. No. 1439, 4-10-07; Ord. No. 1513, § 1, 4-14-09; Ord. No. 1680, § 1, 5-14-13)

(a)

General standards:

(1)

All day care centers shall be licensed by the Commissioner of Social Services.

(2)

Minimum lot size: One (1) acre.

(b)

Additional standards in the RR1, R-4, R-5, and OTR zoning districts.

(1)

For existing structures, no exterior changes may be made that are nonresidential in character. Any new buildings shall be residential in character, street-oriented with pedestrian entrances from the street, and compatible with the surrounding residential development. For existing or new buildings, drop off areas may be located in the front yard, but shall maintain a residential character and appearance.

(2)

Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(3)

Maximum lot coverage: Forty-five (45) percent including building and all paved areas.

(4)

Minimum side setback for new structures: Twenty-five (25) feet.

(5)

A type B buffer yard shall be provided in yards adjacent to a R-4, R-5, OTR, PR, RR1 or RR2 zoning district.

(6)

Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance. The hours of operation may be restricted through the conditional use permit.

(7)

The location, dimensions, and design concept of any proposed signage should be provided at the time of the conditional use permit application.

(8)

Exterior lighting shall be compatible with the surrounding neighborhood.

(9)

Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood.

(c)

Additional standards in the OTR zoning district:

The architecture and historic character of structures in the OTR zoning district shall be retained. The retention and use of existing structures that contribute to the character of the neighborhood shall be a consideration in the granting of a conditional use permit.

(d)

Additional standards in the RR1 and RR2 zoning districts: Maximum lot coverage: Forty (40) percent.

(e)

Additional standards in the MXD, DC and GC zoning districts: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1215, § 34, 5-11-99; Ord. No. 1308, § 14, 8-13-02; Ord. No. 1339, § 27, 9-9-03; Ord. No. 1439, 4-10-07; Ord. No. 1513, § 1, 4-14-09; Ord. No. 1680, § 1, 5-14-13)

(a)

General standards:

(1)

Any outdoor activity area, swimming pool, or ball field or court which adjoins a residential zoning district shall have a type C buffer yard. Where exterior lighting of such areas is proposed, large evergreen trees shall be required in a location appropriate to screen adjoining residences.

(2)

A type B buffer yard shall be provided in yards adjacent to a R-4, R-5, OTR, PR, RR1 or RR2 zoning district.

(3)

Any area constructed in conjunction with an educational facility intended for the overnight storage of school buses which adjoins a residential zoning district shall provide a type C buffer yard meeting the specifications of Article V, Division 3 of this ordinance [Appendix].

(4)

Minimum lot size: One (1) acre for the first thirty-five (35) students. Each additional student will require an additional one thousand (1,000) square feet, but no school site will be required to exceed five (5) acres.

(5)

Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood.

(b)

Additional standards in the RR1, R-4, R-5, and OTR zoning districts.

(1)

Minimum side setback for new structures: Thirty (30) feet.

(2)

Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(3)

Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance.

(4)

The scale, massing, and building design should be compatible with the surrounding neighborhood. The structure shall be street-oriented with pedestrian entrances from the street.

(5)

Exterior lighting shall be compatible with the surrounding neighborhood.

(c)

Additional standards in the RR1 zoning district:

(1)

The height of any educational facility for which a conditional use permit was granted on or before May 31, 2000, may be a maximum of fifty (50) feet, provided that additional front, side, and rear setbacks of five (5) feet per each foot of height over thirty-five (35) feet shall be provided.

(2)

Effective October 1, 2000, the conditional use permit for an educational facility may authorize a maximum height of fifty (50) feet, provided that an additional five (5) feet per front, side and rear setback shall be provided for each one (1) foot of height in excess of thirty-five (35) feet. Council may consider the rural character of the area, the impact upon vistas, the building's proportionality to the site, and any factors that may reduce the impact of the proposed height.

(d)

Additional standards in the MXD, DC and GC zoning districts: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1215, § 34, 5-11-99; Ord. No. 1247, § 13, 9-12-00; Ord. No. 1308, § 15, 8-13-02; Ord. No. 1339, § 27, 9-9-03; Ord. No. 1439, 4-10-07; Ord. No. 1513, § 1, 4-14-09; Ord. No. 1680, § 1, 5-14-13; Am. Ord. No. 1900, § 1, 9-12-19)

(a)

General standards:

(1)

All homes for adults shall be licensed by the Commissioner of Social Services.

(2)

Minimum lot size: Ten thousand (10,000) square feet.

(b)

Additional standards in the RR1, R-4, R-5, and OTR zoning districts.

(1)

For existing structures, no exterior changes may be made that are nonresidential in character. Any new buildings shall be residential in character, street-oriented with pedestrian entrances from the street, and compatible with the surrounding residential development.

(2)

Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(3)

Maximum lot coverage: Forty-five (45) percent including building and all paved areas.

(4)

Minimum side setback for new structures: Twenty (20) feet.

(5)

A type B buffer yard shall be provided in yards adjacent to a R-4, R-5, OTR, PR, RR1 or RR2 zoning district.

(6)

Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance.

(7)

The location, dimensions, and design concept of any proposed signage should be provided at the time of the conditional use permit application.

(8)

Exterior lighting shall be compatible with the surrounding neighborhood.

(c)

Additional standards in the OTR zoning district: The architecture and historic character of structures in the OTR zoning district shall be retained. The retention and use of existing structures that contribute to the character of the neighborhood shall be a consideration in the granting of a conditional use permit.

(d)

Additional standards in the MXD, DC and GC zoning districts: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1308, § 16, 8-13-02; Ord. No. 1339, § 27, 9-9-03; Ord. No. 1439, 4-10-07; Ord. No. 1513, § 1, 4-14-09; Ord. No. 1680, § 1, 5-14-13)

The purpose of this lighting is to allow fields in public park and recreation areas to be illuminated at a higher intensity while (i) controlling the spillover of light onto adjacent properties and (ii) protecting public safety by reducing glare from outdoor luminaries.

(a)

Conditional Use Permit. A conditional use permit is required for public park and recreation area field lighting. Appropriate conditions shall be applied to the conditional use permit to minimize impact on surrounding properties and neighborhoods.

(b)

General Standards.

(1)

No public park and recreation area field lighting shall be located in a required buffer yard.

(2)

Large evergreen trees or other screening technique shall be required in appropriate locations to screen adjoining residences from light trespass or glare.

(3)

Light sources shall not cast excessive light upon adjacent property or upon a public right-of-way. The maintained horizontal illuminance at grade at adjoining streets shall not exceed 0.5 footcandles, and the maintained horizontal illuminance at grade at adjoining residential properties shall not exceed 0.1 footcandles.

(4)

The Zoning Administrator may require the applicant to submit a report from a professional lighting engineer detailing how these standards will be met.

(Ord. No. 1405, § 2, 8-8-06; Ord. No. 1513, § 1, 4-14-09)

(a)

General standards:

(1)

All life care facilities shall be licensed by the Commissioner of Social Services.

(2)

Minimum lot size: Ten thousand (10,000) square feet.

(b)

Additional standards in the RR1, R-4, R-5, and OTR zoning districts.

(1)

For existing structures, no exterior changes may be made that are nonresidential in character. Any new buildings shall be residential in character, street-oriented with pedestrian entrances from the street, and compatible with the surrounding residential development.

(2)

Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(3)

Minimum side setback for new structures: Fifteen (15) feet.

(4)

A type A buffer yard shall be provided in yards adjacent to a R-4, R-5, OTR, PR, RR1 or RR2 zoning district.

(5)

Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance.

(6)

The location, dimensions, and design concept of any proposed signage should be provided at the time of the conditional use permit application.

(7)

Exterior lighting shall be compatible with the surrounding neighborhood.

(c)

Additional standards in the OTR zoning district: The architecture and historic character of structures in the OTR zoning district shall be retained. The retention and use of existing structures that contribute to the character of the neighborhood shall be a consideration in the granting of a conditional use permit.

(d)

Additional standards in the MXD, DC and GC zoning districts: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1215, § 34, 5-11-99; Ord. No. 1308, §§ 17, 18, 8-13-02; Ord. No. 1339, § 27, 9-9-03; Ord. No. 1439, 4-10-07; Ord. No. 1513, § 1, 4-14-09; Ord. No. 1680, § 1, 5-14-13)

(a)

General standards:

(1)

All nursing homes shall be licensed by the Commissioner of Social Services, as required by Virginia law.

(2)

Minimum lot size: Ten thousand (10,000) square feet.

(3)

All new principal structures shall be residential in character and visually compatible with any surrounding residential development. Principal structures shall be street-oriented with pedestrian entrances from the street.

(4)

Entrances to the site shall be minimized and placed in such a way as to maximize safety and efficient traffic circulation, and to minimize the impact on any surrounding neighborhood.

(b)

Additional standards in the R-5 district:

(1)

For existing structures, no exterior changes may be made that are nonresidential in character.

(2)

Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(3)

Minimum side setback for new structures: Fifteen (15) feet.

(4)

A type A buffer yard shall be provided in yards adjacent to a R-4, R-5, OTR, PR, RR1 or RR2 zoning district.

(5)

Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance.

(6)

The location, dimensions, and design concept of any proposed signage should be provided at the time of the conditional use permit application.

(7)

Exterior lighting shall be compatible with the surrounding neighborhood.

(c)

Additional standards in the MXD, DC and GC zoning districts: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1215, § 34, 5-11-99; Ord. No. 1308, § 19, 8-13-02; Ord. No. 1339, § 27, 9-9-03; Ord. No. 1439, 4-10-07; Ord. No. 1513, § 1, 4-14-09; Ord. No. 1680, § 1, 5-14-13)

(a)

General standards:

(1)

Composition of open space. Open space shall include the most sensitive resource areas of the site. All primary conservation areas located within the development shall be designated open space. In addition, the open space area should include locally significant features of the property. To the greatest extent practicable, all secondary conservation areas, up to at least the minimum required percentage of the remainder of the site, shall be designated open space. In addition, open space shall include areas of the site adjacent to designated open space on adjoining lots.

(2)

Configuration of Open Space. To the greatest extent practicable, open space land should be designated as a single block with logical straightforward boundaries. Fragmentation of open space land shall be minimized so that it is not divided into numerous small parcels located in various parts of the district. Long, thin strips of open space shall be avoided, unless necessary to connect other significant areas, or when they are designed to protect linear resources such as streams or trails.

(3)

Recreational Use of Open Space. Open space intended for use as community or public recreation shall be integrated into the residential community in such a way as to maximize its accessibility to residents. It should have appropriate physical characteristics for recreational use.

(4)

Maintenance of Open Space by an Owner's Association. In the event open space is owned by a Condominium or Homeowner's Association, the following requirements apply:

a.

Membership must be automatic for all purchasers of house lots or homes;

b.

By-laws must authorize the Association to place liens on members properties for non-payment of dues;

c.

The membership of the Association must be of sufficient size to maintain the open space amenities at a reasonable cost to members.

d.

By-laws must require the Association to maintain insurance coverage to meet possible court judgments arising from the operation of the open space.

e.

The Charter or covenants relating to maintenance of the open space shall be recorded prior to the issuance of a certificate of zoning compliance.

(5)

Open space shall not include required yards, except for single-family detached.

(b)

Additional standards in the RR1 and RR2 zoning districts:

(1)

Walkways or sidewalks shall link residential areas to the open space, if the open space is in a recreational use.

(2)

Use of open space.

a.

Permitted uses of open space. Permitted uses of open space are agriculture, horticulture, forestry, and open space, as those terms are defined by Code of Virginia 1950 § 58.1-3230, as amended, and cemeteries.

b.

Prohibited uses of open space. The following activities are prohibited in open space:

1.

Any commercial or industrial use of the property other than those uses expressly permitted in subsection (a), above.

2.

The placement or construction of any buildings, structures, or other improvements, except those accessory to a permitted use of the property.

3.

The excavation or removal of soil, sand, gravel, rock, peat, or sod, except as may be required in the course of any activity permitted in subsection (a), above.

4.

The destruction or removal of live trees, except as necessary, in accordance with generally accepted forestry conservation practices, to control or prevent hazard, disease, or fire; provided that trees may be harvested for any purpose, including, without limitation, commercial timber production on a sustained yield basis in accordance with a plan prepared in consultation with a registered professional forester that is designed to protect the conservation values of the open space, including without limitation, scenic and wildlife habitat values.

5.

The establishment or maintenance of any commercial feedlot, which is a confined area or facility within which the land is not grazed or cropped at least annually and which is used to receive livestock that has been raised off the property for feeding and fattening for market.

6.

The dumping or other disposal of wastes, refuse, and debris.

7.

The above-ground installation of new utility systems or extensions of existing utility systems, including, without limitation, water, sewer, power, fuel, and communication lines and related facilities, but excluding irrigation systems.

8.

The placement of any signs or billboards in the open space.

(Ord. No. 1215, § 27, 5-11-99; Ord. No. 1247, § 13, 9-12-00; Ord. No. 1258, § 3, 1-9-01; Ord. No. 1339, § 17, 9-9-03)

(a)

General standards:

(1)

Minimum lot size: Twenty thousand (20,000) square feet.

(2)

The use of alternative paving material, such as brick pavers or porous pavement is permitted.

(b)

Additional standards in the R-4, R-5, and OTR zoning districts:

(1)

Minimum side setback: Twenty (20) feet.

(2)

A type B buffer yard shall be provided in yards adjacent to a R-4, R-5, OTR, PR, RR1 or RR2 zoning district.

(3)

Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(4)

Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance. The hours of operation may be restricted through the conditional use permit. The scale, massing, and building design should be compatible with the surrounding neighborhood. The street elevation of the principal structure shall have at least one (1) street-oriented entrance, and contain the principal windows of the office.

(5)

Exterior lighting shall be compatible with the surrounding neighborhood.

(6)

Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood.

(7)

Loading areas shall be sited in such a way so as to minimize the impact on any surrounding neighborhood. Sufficient screening meeting the standards of Article V, Division 3 of this ordinance [Appendix] shall be provided to screen and diffuse noise impacts on adjacent residences. A type D buffer yard shall be required when a loading area is located adjacent to a residential use.

(c)

Additional standards in the MXD, DC and GC zoning districts: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1215, § 34, 5-11-99; Ord. No. 1308, § 20, 8-13-02; Ord. No. 1339, § 27, 9-9-03; Ord. No. 1439, 4-10-07; Ord. No. 1513, § 1, 4-14-09; Ord. No. 1680, § 1, 5-14-13)

Additional standards in the MXD, DC and GC zoning districts: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1308, § 21, 8-13-02; Ord. No. 1339, § 27, 9-9-03; Ord. No. 1439, 4-10-07; Ord. No. 1680, § 1, 5-14-13)

General standards:

(1)

Any outdoor activity area, ball field or court, or stadium which adjoins a residential use type shall have a type C buffer yard.

(2)

Where nighttime lighting of such areas is proposed large evergreen trees shall be required in a location appropriate to screen adjoining residences. Any such night-time lighting shall be constructed in accordance with the standards for a residential district.

(a)

General standards: Any facility which adjoins a R-4, R-5, OTR, RR1, RR2, or PR zoning district shall have a type B buffer yard.

(b)

Additional standards in the RR1, R-4, R-5, and OTR zoning districts:

(1)

Minimum side setback for new structures: Twenty (20) feet.

(2)

Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(3)

Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking and appearance. Drop-off areas may be located in the front yard, but shall maintain a residential character and appearance.

(4)

Exterior lighting shall be compatible with the surrounding neighborhood.

(5)

Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood.

(6)

The scale, massing, and building design shall be compatible with the surrounding neighborhood.

(7)

The structure shall be street oriented with pedestrian entrances from the street.

(c)

Additional standards in the RR1 and RR2 zoning districts:

(1)

Maximum floor area ratio: 0.20.

(2)

Maximum lot coverage: Forty (40) percent.

(Ord. No. 1339, § 18, 9-9-03; Ord. No. 1680, § 1, 5-14-13)

(a)

General standards:

(1)

Any outdoor activity area, swimming pool, or ball field or court which adjoins a residential use type shall have a type C buffer yard.

(2)

Where exterior lighting of such areas is proposed large evergreen trees shall be required in a location appropriate to screen adjoining residences.

(3)

A place of religious assembly which adjoins a R-4, R-5, OTR, RR1 RR2 or PR zoning district shall have a type B buffer yard.

(b)

Additional standards in the RR1, R-4, R-5, and OTR zoning districts:

(1)

Minimum side setback for new structures: Twenty (20) feet.

(2)

Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(3)

Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance. Drop off areas may be located in the front yard, but shall maintain a residential character and appearance.

(4)

Exterior lighting shall be compatible with the surrounding neighborhood.

(5)

Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood.

(6)

The scale, massing, and building design shall be compatible with the surrounding neighborhood.

(7)

The structure shall be street oriented with pedestrian entrances from the street.

(c)

Additional standards in the RR1 and RR2 zoning districts:

(1)

Maximum floor area ratio: 0.20.

(2)

Maximum lot coverage: Forty (40) percent.

(d)

Additional standards in the MXD, DC and GC zoning districts: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1215, § 34, 5-11-99; Ord. No. 1308, § 22, 8-13-02; Ord. No. 1339, § 27, 9-9-03; Ord. No. 1439, 4-10-07; Ord. No. 1680, § 1, 5-14-13)

(a)

General standards:

(1)

Minimum lot size: Twenty thousand (20,000) square feet.

(b)

Additional standards in the R-4, R-5, and OTR zoning districts:

(1)

Minimum side setback: Twenty-five (25) feet.

(2)

A type C buffer yard shall be provided in yards adjacent to a R-4, R-5, OTR, PR, RR1 or RR2 zoning district.

(3)

Parking for nonemergency vehicles shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(4)

Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance. The scale, massing, and building design should be compatible with the surrounding neighborhood. The structure shall be street-oriented with pedestrian entrances from the street.

(5)

Exterior lighting shall be compatible with the surrounding neighborhood.

(6)

Plans for outdoor speakers, emergency siren structures, and antennae towers shall be included with the conditional use permit application, for evaluation of the impact of these uses on the surrounding neighborhood.

(c)

Additional standards in the MXD, DC and GC zoning districts: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1215, § 34, 5-11-99; Ord. No. 1308, § 23, 8-13-02; Ord. No. 1339, § 27, 9-9-03; Ord. No. 1439, 4-10-07; Ord. No. 1513, § 1, 4-14-09; Ord. No. 1680, § 1, 5-14-13)

(a)

General standards:

(1)

All new principal structures shall be residential in character and visually compatible with any surrounding residential development. Principal structures shall be street-oriented with pedestrian entrances from the street.

(b)

Additional standards in the R-5 and OTR zoning districts:

(1)

For existing structures, no exterior changes may be made that are nonresidential in character.

(2)

Maximum lot coverage: Forty-five (45) percent including building and all paved areas.

(3)

Minimum side setback for new structures: Fifteen (15) feet.

(4)

A type A buffer yard shall be provided in yards adjacent to a R-4, R-5, OTR, PR, RR1 or RR2 zoning district.

(5)

Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(6)

Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance. The hours of operation may be restricted through the conditional use permit.

(7)

The location, dimensions, and design concept of any proposed signage should be provided at the time of the conditional use permit application.

(8)

Exterior lighting shall be compatible with the surrounding neighborhood.

(c)

Additional standards in the OTR zoning district: The architecture and historic character of structures in the OTR zoning district shall be retained. The retention and use of existing structures that contribute to the character of the neighborhood shall be a consideration in the granting of a conditional use permit.

(d)

Additional standards in the MXD, DC and GC zoning districts: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1215, § 34, 5-11-99; Ord. No. 1308, § 24, 8-13-02; Ord. No. 1339, § 27, 9-9-03; Ord. No. 1439, 4-10-07; Ord. No. 1513, § 1, 4-14-09; Ord. No. 1680, § 1, 5-14-13)

(a)

In considering an application for a conditional use permit, the Planning Commission and Town Council shall consider the justification for the location of the proposed utility service and any alternative locations which may be available.

(b)

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

(c)

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

(d)

Outdoor storage of materials and equipment, except during construction of the utility facility, shall be prohibited, unless specifically requested and approved as part of the conditional use permit. Outdoor storage areas shall comply with the screening provisions contained in Article V, Division 3 [of this Appendix].

(e)

Buildings and facilities shall be designed and constructed to be compatible with the surrounding area, so that these facilities or structures will not adversely affect nearby properties.

(f)

Screening and buffering consistent with this ordinance shall be required, unless specifically modified as part of the approved conditional use permit. A type D buffer yard shall be provided.

(g)

Sewer and water utility services shall be designed with a service area and capacity consistent with the purposes of the respective zoning district and the recommendations of the Comprehensive Plan.

(h)

Additional standards in the MXD, DC and GC zoning districts: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1308, § 25, 8-13-02; Ord. No. 1339, § 27, 9-9-03; Ord. No. 1439, 4-10-07; Ord. No. 1513, § 1, 4-14-09; Ord. No. 1680, § 1, 5-14-13)

(a)

General standards:

(1)

Exterior lighting shall be compatible with the surrounding neighborhood.

(2)

Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood.

(3)

The street elevation of the principal structure shall have at least one (1) street-oriented entrance, and contain the principal windows of the office.

(4)

Loading areas shall be sited in such a way so as to minimize the impact on any surrounding neighborhood. Sufficient screening meeting the standards of Article V, Division 3 of this ordinance [Appendix] shall be provided to screen and diffuse noise impacts on adjacent residences. A type D buffer yard shall be required when a loading area is located adjacent to a residential use.

(5)

The use of alternative paving material, such as brick pavers or porous pavement is permitted.

(b)

Additional standards in the RR1, RR2, R-5, and OTR zoning districts:

(1)

Lot coverage: Maximum fifty (50) percent including buildings and paved surfaces.

(2)

Maximum two thousand (2,000) square feet of floor area.

(3)

Maximum two (2) drive-through bays.

(4)

The architectural character of the building shall be consistent with residential surroundings.

(5)

Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(c)

Additional standards in the R-5 and OTR zoning districts:

(1)

The retention and use of upper floors for residential purposes is encouraged, so as to continue and enhance the residential character of the neighborhood.

(2)

A financial institution which adjoins a R-4, R-5, OTR, RR1, RR2, or PR zoning district shall have a type A buffer yard.

(3)

For existing structures, no exterior changes may be made that are nonresidential in character.

(4)

Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance.

(5)

The scale, massing, and building design should be compatible with the surrounding neighborhood. The structure shall be street-oriented with pedestrian entrances from the street.

(6)

The location, dimensions, and design concept of any proposed signage should be provided at the time of the conditional use permit application.

(d)

Additional standards in the RR1 and RR2 zoning districts:

(1)

Minimum lot size: Twenty thousand (20,000) square feet.

(2)

Minimum frontage one hundred (100) feet.

(3)

Front setback: Fifteen (15) feet from the right-of-way of a local road; thirty (35) feet from a collector road with a right-of-way width of fifty (50) feet or greater; sixty (60) feet from the center line of a collector road with a right-of-way width of less than fifty (50) feet.

(4)

Rear setback: Thirty-five (35) feet.

(5)

Side yard: Twenty (20) feet.

(e)

Additional standards in the OTR zoning district:

(1)

The architecture and historic character of structures in the OTR zoning district shall be retained. The retention and use of existing structures that contribute to the character of the neighborhood shall be a consideration in the granting of a conditional use permit.

(f)

Additional standards in the MXD, DC and GC zoning districts: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1215, § 34, 5-11-99; Ord. No. 1308, § 26, 8-13-02; Ord. No. 1339, § 27, 9-9-03; Ord. No. 1439, 4-10-07; Ord. No. 1513, § 1, 4-14-09; Ord. No. 1680, § 1, 5-14-13)

(a)

General standards:

(1)

Exterior lighting shall be compatible with the surrounding neighborhood.

(2)

Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood.

(3)

The street elevation of the principal structure shall have at least one (1) street-oriented entrance, and contain the principal windows of the office.

(4)

Loading areas shall be sited in such a way so as to minimize the impact on any surrounding neighborhood. Sufficient screening meeting the standards of Article V, Division 3 of this ordinance [Appendix] shall be provided to screen and diffuse noise impacts on adjacent residences. A type D buffer yard shall be required when a loading area is located adjacent to a residential use.

(5)

The use of alternative paving material, such as brick pavers or porous pavement is permitted.

(b)

Additional standards in the R-5 and OTR zoning districts:

(1)

The retention and use of upper floors for residential purposes is encouraged, so as to continue and enhance the residential character of the neighborhood.

(2)

A general office which adjoins a R-4, R-5, OTR, RR1, RR2, or PR zoning district shall have a type A buffer yard behind the front line of the principal building.

(3)

For existing structures, no exterior changes may be made that are nonresidential in character.

(4)

Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance.

(5)

The scale, massing, and building design should be compatible with the surrounding neighborhood. The structure shall be street-oriented with pedestrian entrances from the street.

(6)

The location, dimensions, and design concept of any proposed signage should be provided at the time of the conditional use permit application.

(7)

Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(c)

Additional standards in the OTR zoning district: The architecture and historic character of structures in the OTR zoning district shall be retained. The retention and use of existing structures that contribute to the character of the neighborhood shall be a consideration in the granting of a conditional use permit.

(d)

Additional standards in the MXD, DC and GC zoning districts: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1215, § 34, 5-11-99; Ord. No. 1308, § 27, 8-13-02; Ord. No. 1339, §§ 19, 27, 9-9-03; Ord. No. 1439, 4-10-07; Ord. No. 1513, § 1, 4-14-09; Ord. No. 1680, § 1, 5-14-13)

(a)

General standards:

(1)

Exterior lighting shall be compatible with the surrounding neighborhood.

(2)

Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood.

(3)

The street elevation of the principal structure shall have at least one (1) street-oriented entrance and contain the principal windows of the office.

(4)

Loading areas shall be sited in such a way so as to minimize the impact on any surrounding neighborhood. Sufficient screening meeting the standards of Article V, Division 3 of the Zoning Ordinance shall be provided to screen and diffuse noise impacts on adjacent residences. A type D buffer yard shall be required when a loading area is located adjacent to a residential use.

(5)

The use of alternative paving material, such as brick pavers or porous pavement is permitted.

(6)

Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Am. Ord. No. 1900, § 1, 9-12-19)

(a)

General standards:

(1)

Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood.

(2)

The use of alternative pavements, such as brick pavers or porous pavement is encouraged.

(3)

The street elevation of the principal structure shall have at least one (1) street-oriented entrance, and contain the principal windows of the office.

(b)

Additional standards in the R-5, OTR, RM-27, and RM-48 zoning districts:

(1)

Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance. The hours of operation may be restricted through the conditional use permit.

(2)

Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(3)

The scale, massing, and building design should be compatible with the surrounding neighborhood. The structure shall be street-oriented with pedestrian entrances from the street.

(4)

The retention and use of upper floors for residential purposes is encouraged, so as to continue and enhance the residential character of the neighborhood, where applicable.

(5)

The location, dimensions, and design concept of any proposed signage should be provided at the time of the conditional use permit application.

(6)

Loading areas shall be sited in such a way so as to minimize the impact on any surrounding neighborhood. Sufficient screening meeting the standards of Article V, Division 3 of this ordinance [Appendix] shall be provided to screen and diffuse noise impacts on adjacent residences. A type C buffer yard shall be required when a loading area is located adjacent to a residential use.

(7)

Exterior lighting shall be compatible with the surrounding neighborhood.

(c)

Additional standards in the R-5, OTR zoning districts:

(1)

For existing structures, no exterior changes may be made that are nonresidential in character.

(2)

A type A buffer yard shall be provided behind the front line of the principal building in yards adjacent to a R-4, R-5, OTR, PR, RR1 or RR2 zoning district.

(d)

Additional standards in the OTR zoning district:

(1)

The architecture and historic character of structures in the OTR zoning district shall be retained. The retention and use of existing structures that contribute to the character of the neighborhood shall be a consideration in the granting of a conditional use permit.

(e)

Additional standards in the MXD, DC and GC zoning districts: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1215, § 34, 5-11-99; Ord. No. 1308, § 28, 8-13-02; Ord. No. 1339, §§ 20, 27, 9-9-03; Ord. No. 1439, 4-10-07; Ord. No. 1513, § 1, 4-14-09; Ord. No. 1680, § 1, 5-14-13)

(a)

An adult entertainment establishment shall be located at least five hundred (500) feet from any religious assembly, educational facility, primary/secondary; public parks and recreational areas; public recreation assembly; day care center; public assembly; cultural services; home for adults; life care facility; or residential zoning district in existence on the date on which the adult entertainment establishment obtains its zoning permit.

(b)

No adult entertainment establishment shall be located within one thousand (1,000) feet of any adult store or other adult entertainment establishment.

(c)

All distances specified in this division shall be measured from the property line of one (1) use to the property line of the other. The distance between an adult entertainment establishment and a residentially zoned district shall be measured from the property line of the use to the nearest point of the boundary line of the residential zoning district.

(d)

The street elevation of the principal structure shall have at least one (1) street-oriented entrance, and contain the principal windows of the adult entertainment establishment.

(e)

No adult entertainment establishment shall display adult media, depictions of specified sexual activities or specified anatomical areas, sexually oriented goods or depictions of sexually oriented goods, in its window, or in a manner visible (by normal unaided vision) from the street, highway, public sidewalk, or the property of others. Window areas shall remain transparent and shall not be made opaque.

(f)

Exterior lighting at the maximum foot candles permitted by Section 5601 shall be installed to illuminate the parking area, walkways, and all entrances to the establishment.

(g)

The business shall not begin service to the public or any outside activity before 6:00 a.m. Hours of operation shall not extend after 2:00 a.m.

(h)

Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(i)

Any video-viewing booth or arcade booth shall be constructed so that the viewing area is visible from a continuous main aisle. The viewing area shall not be obscured by any curtain, door, wall, or other enclosure.

(Ord. No. 1340, § 3, 8-12-03; Ord. No. 1680, § 1, 5-14-13)

(a)

An adult store shall be located at least five hundred (500) feet from any Religious Assembly; Educational Facility, Primary/Secondary; Public Parks and Recreational Areas; Public Recreation Assembly; Day Care Center; Public Assembly; Cultural Services; Homes for Adults; Life Care Facility; or Residential Zoning District or any other adult store; and at least one thousand (1,000) feet from any Adult Entertainment Establishment in existence on the date on which the adult store obtains its zoning permit.

(b)

All distances specified in this division shall be measured from the property line of one (1) use to the property line of the other. The distance between an adult store and a residentially zoned district shall be measured from the property line of the use to the nearest point of the boundary line of the residential zoning district.

(c)

Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(d)

The street elevation of the principal structure shall have at least one (1) street-oriented entrance, and contain the principal windows of the adult store.

(e)

No adult store shall display adult media, depictions of specified sexual activities or specified anatomical areas, sexually oriented goods or depictions of sexually oriented goods, in its window, in a manner visible (by normal unaided vision) from the street, highway, public sidewalk, or the property of others. Window areas shall remain transparent and shall not be made opaque.

(Ord. No. 1340, § 4, 8-12-03; Ord. No. 1680, § 1, 5-14-13)

General standards:

(1)

Any outdoor storage area for agricultural equipment awaiting repair which is visible from a public right-of-way or an adjoining property shall be provided with a type C buffer yard.

(2)

Minimum lot size: One (1) acre.

(3)

Maximum lot surface coverage: Forty (40) percent.

(4)

Off-street parking shall be provided in the rear yard of the lot.

(5)

A minimum of one (1) parking space per five hundred (500) square feet of interior display area, and one (1) space per two thousand (2,000) square feet of outside display area shall be provided.

(a)

The exterior display or storage of new or used automobile parts is prohibited.

(b)

Outdoor display areas in conjunction with automobile sales shall be constructed of the same materials required for off-street parking as required by Article V, Division 2. In addition, the outdoor display areas shall meet the landscaping requirements for parking facilities as required in Article V, Division 3. Automobile outdoor display areas are not required to be located behind the front line of the building.

(c)

The storage or display of motor vehicles in the planting strip required in Article V, Division 3 or within ten (10) feet of the public road right-of-way shall be prohibited.

(d)

Any vehicle which is inoperable or which has been damaged to fifty (50) percent of its value, as determined by the National Automobile Dealers Association "Blue Book" shall be placed in a storage yard.

(a)

All vehicles stored on the premises in excess of seventy-two (72) hours shall be placed in a storage yard.

(b)

The exterior display or storage of new or used automobile parts is prohibited.

(c)

The storage or display of motor vehicles in the planting strip required in Article V, Division 3 or within ten (10) feet of the public road right-of-way shall be prohibited.

(d)

Bay doors should not be oriented toward the public right-of-way. They should face the rear of the site unless facing residential zoning; in such cases, additional landscaping or screening, or alternative orientation should be considered, as appropriate, for the subject site and surroundings.

(e)

Additional standards in the DC and GC zoning districts: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1308, § 29, 8-13-02; Ord. No. 1339, § 27, 9-9-03; Ord. No. 1415, § 15, 7-11-06; Ord. No. 1680, § 1, 5-14-13; Ord. No. 1724, § 1, 6-10-14)

(a)

The exterior display or storage of new or used automobile parts is prohibited.

(b)

Additional standards in the GC and MXD zoning districts: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1308, § 30, 8-13-02; Ord. No. 1439, 4-10-07; Ord. No. 1680, § 1, 5-14-13)

(a)

The exterior display or storage of new or used automobile parts is prohibited.

(b)

Any vehicle which is inoperable or which has been damaged to fifty (50) percent of its value, as determined by the National Automobile Dealers Association "Blue Book" shall be placed in a storage yard.

(c)

Additional standards in the GC and MXD zoning districts: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1308, § 31, 8-13-02; Ord. No. 1415, § 16, 7-11-06; Ord. No. 1439, 4-10-07; Ord. No. 1680, § 1, 5-14-13)

(a)

General standards:

(1)

The owner or owner's family shall reside at the same site occupied by the bed and breakfast establishment.

(2)

Any building erected, enlarged or modified to accommodate a bed and breakfast shall maintain the appearance of a single-family residence. No rooms shall have direct entrance or exit to the outside of the building, except that emergency exits when required by the Fire Marshal may be provided for emergency purposes only.

(3)

Guests may stay no more than thirty (30) consecutive nights in any 12-month period. The operator of the bed and breakfast shall maintain a log of all guests, including their name, address, license plate number, and length of stay, and shall make the log available to the Zoning Administrator upon request.

(4)

Health Department approval for sewage disposal, water supply, and kitchen facilities shall be submitted prior to issuance of a certificate of zoning compliance.

(5)

A bed and breakfast may be identified by a sign of no more than eight (8) square feet. This sign may be attached or free standing. The free standing sign shall not exceed four (4) feet in height.

(6)

Use of alternative pavements such as brick pavers and porous pavement is encouraged.

(7)

No more than twelve (12) guest sleeping rooms shall be utilized for a bed and breakfast establishment.

(8)

No cooking shall be permitted in guest rooms.

(b)

Additional standards in the R-5, OTR, RM-27, RM-48 Districts:

(1)

Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, noise, parking, and appearance.

(2)

Exterior lighting shall be compatible with the surrounding neighborhood.

(3)

A driveway entrance meeting the standards for residential construction shall be provided.

(4)

Required parking for guests and employees shall be provided on-site. Parking shall be located behind the front line of the building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(c)

Additional standards in the MXD, DC and GC zoning districts: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1184, adopted 6-9-98; Ord. No. 1308, § 32, 8-13-02; Ord. No. 1339, § 27, 9-9-03; Ord. No. 1439, 4-10-07; Ord. No. 1680, § 1, 5-14-13)

(a)

General standards.

(1)

The use shall conform to all restaurant, general, use and design standards as set forth in Section 4553.

(2)

Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(3)

Loading areas shall be sited in such a way so as to minimize the impact on any surrounding neighborhood. Sufficient screening meeting the standards of Article V, Division 3 of this ordinance shall be provided to screen and diffuse noise impacts on adjacent residences. A type C buffer yard shall be required when a loading area is located adjacent to a residential use.

(4)

The street elevation of the principal structure shall have at least one (1) street-oriented entrance, and contain the principal windows of the store.

(5)

The use of tractor-trailers or similarly sized vehicles is prohibited for any type of delivery of goods produced on-site for off-site sales or consumption.

(6)

A maximum of one (1) delivery vehicle is permitted.

(b)

Additional standards in the DC district:

(1)

Delivery activities for beer produced on-site for off-site sales and consumption shall be limited to non-peak traffic hours at the use site.

(Ord. No. 1369, § 13, 10-12-04; Ord. No. 1680, § 1, 5-14-13)

Standards in the GC and MXD zoning districts: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1308, § 33, 8-13-02; Ord. No. 1369, § 12, 10-12-04; Ord. No. 1439, 4-10-07; Ord. No. 1680, § 1, 5-14-13)

(a)

General standards:

(1)

The minimum area for a campground shall be ten (10) contiguous acres.

(2)

Each campsite shall be set back a minimum distance of fifty (50) feet from the perimeter property line of the campground.

(3)

The maximum density shall be fourteen (14) sites per gross acre. Each campsite designed for recreational vehicles shall have a minimum space of two thousand (2,000) square feet with a minimum width of thirty (30) feet. Areas devoted solely for tent camping shall provide at least four hundred (400) square feet per campsite.

(4)

Vacation cottages may be constructed within a campground provided that a minimum land area of four thousand (4,000) square feet is designated solely for the first dwelling unit in a cottage, with an additional two thousand (2,000) square feet of land area provided for the second dwelling unit within the cottage. A maximum of two (2) dwelling units per cottage may be constructed. The maximum floor area of a cottage shall be thirty (30) percent of the site.

(5)

The primary access road shall be paved with at least a chip and seal surface. Paving shall extend from the public street right-of-way to the entrance station. Interior roads and access to individual sites shall consist at a minimum of an all weather gravel surface. All interior roads shall be eighteen (18) feet minimum width for two-way travel or ten (10) feet minimum width for one-way travel. No campsite shall have direct access to a public street.

(6)

The following uses and activities shall be prohibited at a campground:

a.

The sale, storage, use or occupancy of any manufactured home.

b.

The sale of recreational vehicles and the storage of unoccupied units.

(7)

Indoor and outdoor recreational facilities are permitted for the exclusive use of campground tenants. At least fifteen (15) percent of the campground area shall be developed and improved for recreational uses. In calculating the required area, common walkways and related landscaping may be included provided that such space is at least twenty (20) feet in width. At least one-half (½) of the required recreation area shall be for active recreation, such as swimming pools, ball fields and play lots for small children. No developed recreational areas shall be located within the required yard setbacks for the district.

(8)

Retail sales for the convenience of campground tenants are permitted. Items are limited to food, concessions, recreational supplies, personal care items, and other items clearly supportive of campground tenants' needs.

(9)

Guests may stay no more than thirty (30) nights in any one (1) calendar year. The operator of a campground shall maintain a log of all guests, including their name, address, license plate number, and length of stay, and shall make the log available to Town staff upon request.

(a)

The roof shape and materials of car washes shall be constructed so that they are similar to design styles of building in the area. False windows and facade treatments shall be used so that the car wash is in character with surrounding uses. Pitched roofs are encouraged.

(b)

The orientation of the drive-in bays shall be parallel to the public right-of-way, unless it is impracticable to do so or results in bays that face adjacent residential uses. In such cases, additional landscaping, screening, or an alternative orientation of the bays should be considered as appropriate for the subject site and surroundings.

(c)

Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1308, § 34, 8-13-02; Ord. No. 1415, § 17, 7-11-06; Ord. No. 1680, § 1, 5-14-13)

(a)

General standards:

(1)

The use of alternative paving material, such as brick pavers or porous pavement is permitted.

(2)

A clinic which adjoins an RR1, RR2, R-4, R-5, OTR, PR district shall provide a type B buffer yard in accordance with Section 5310.

(b)

Additional standards in the R-5, OTR, R-27, R-48 zoning districts:

(1)

The retention and use of upper floors for residential purposes is encouraged, so as to continue and enhance the residential character of the neighborhood.

(2)

Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance. The hours of operation may be restricted through the conditional use permit.

(3)

Exterior lighting shall be compatible with the surrounding neighborhood.

(4)

Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood.

(5)

The scale, massing, and building design should be compatible with the surrounding neighborhood. The structure shall be street-oriented with pedestrian entrances from the street.

(6)

The street elevation of the principal structure shall have at least one (1) street-oriented entrance, and contain the principal windows of the clinic.

(7)

The location, dimensions, and design concept of any proposed signage should be provided at the time of the conditional use permit application.

(8)

Loading areas shall be sited in such a way so as to minimize the impact on any surrounding neighborhood. Sufficient screening meeting the standards of Article V, Division 3 of this ordinance [Appendix] shall be provided to screen and diffuse noise impacts on adjacent residences. A type D buffer yard shall be required when a loading area is located adjacent to a residential use.

(9)

The hours of operation may be restricted through the conditional use permit process.

(10)

Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(c)

Additional standards in the R-5, OTR zoning districts:

(1)

For existing structures, no exterior changes may be made that are nonresidential in character.

(2)

A type B buffer yard shall be provided in yards adjacent to a R-4, R-5, OTR, PR, RR1 or RR2 zoning district.

(d)

Additional standards in the OTR zoning district: The architecture and historic character of structures in the OTR zoning district shall be retained. The retention and use of existing structures that contribute to the character of the neighborhood shall be a consideration in the granting of a conditional use permit.

(e)

Additional standards in the MXD, DC and GC zoning districts: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1215, § 34, 5-11-99; Ord. No. 1308, § 35, 8-13-02; Ord. No. 1339, § 27, 9-9-03; Ord. No. 1439, 4-10-07; Ord. No. 1513, § 1, 4-14-09; Ord. No. 1680, § 1, 5-14-13)

Additional standards in the MXD, DC and GC zoning districts: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1308, § 36, 8-13-02; Ord. No. 1339, § 27, 9-9-03; Ord. No. 1439, 4-10-07; Ord. No. 1680, § 1, 5-14-13)

Additional standards in the DC and GC zoning districts: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1308, § 36, 8-13-02; Ord. No. 1339, § 27, 9-9-03; Ord. No. 1680, § 1, 5-14-13)

Additional standards in the MXD, DC and GC zoning districts: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1308, § 36, 8-13-02; Ord. No. 1339, § 27, 9-9-03; Ord. No. 1439, 4-10-07; Ord. No. 1680, § 1, 5-14-13)

Additional standards in the MXD, DC and GC zoning districts: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1308, § 36, 8-13-02; Ord. No. 1339, § 27, 9-9-03; Ord. No. 1439, 4-10-07; Ord. No. 1680, § 1, 5-14-13)

(a)

The outside storage and/or display of goods, supplies, materials, or heavy equipment must be located in the rear yard.

(b)

Outside storage areas shall not exceed twenty-five (25) percent of the total area of the site.

(c)

Additional standards in the GC zoning district: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1308, § 37, 8-13-02; Ord. No. 1680, § 1, 5-14-13)

(a)

General standards:

(1)

Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(2)

A type A buffer yard as required in Article V, Section 5310 3 [subsection 5310(c)] shall be provided in yards adjacent to a RR1, RR2, R-4, R-5, OTR, RM-27, or RM-48 zoning district.

(3)

The use of alternative pavements, such as brick pavers or porous pavement is encouraged.

(b)

Additional standards in the RM-27 and RM-48 zoning districts:

(1)

Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance. The hours of operation may be restricted through the conditional use permit.

(2)

Exterior lighting shall be compatible with the surrounding neighborhood.

(3)

Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood. No more than two (2) curb cuts per street frontage shall be allowed. Factors determining the number of curb cuts permitted include number of curb cuts in the area, potential for traffic congestion and hazards, and number of travel lanes of the street serving the site.

(4)

The scale, massing, and building design should be compatible with the surrounding neighborhood. The structure shall be street-oriented with pedestrian entrances from the street.

(5)

The location, dimensions, and design concept of any proposed signage shall be provided at the time of the conditional use permit application.

(6)

Loading areas shall be sited in such a way so as to minimize the impact on any surrounding neighborhood. Sufficient screening meeting the standards of Article V, Division 3 of this ordinance [Appendix] shall be provided to screen and diffuse noise impacts on adjacent residences. A type C buffer yard shall be required when a loading area is located adjacent to a residential use.

(7)

The portion of the principal structure dedicated to repair related uses shall not exceed three thousand (3,000) square feet.

(8)

The street elevation of the principal structure shall have at least one (1) street-oriented entrance, and contain the principal windows of the repair shop.

(9)

The retention and use of upper floors for residential purposes is encouraged, so as to continue and enhance the residential character of the neighborhood, where applicable.

(Ord. No. 1215, § 34, 5-11-99; Ord. No. 1308, § 38, 8-13-02; Ord. No. 1680, § 1, 5-14-13)

Additional standards in the DC and GC zoning districts: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1308, § 39, 8-13-02; Ord. No. 1339, § 27, 9-9-03; Ord. No. 1513, § 1, 4-14-09; Ord. No. 1680, § 1, 5-14-13)

(a)

General standards:

(1)

The outside storage of goods, supplies, materials, or heavy equipment must be located in the rear yard only.

(2)

Outside storage areas shall not exceed twenty-five (25) percent of the total area of the site.

(b)

Additional standards in the GC zoning district: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1308, § 40, 8-13-02; Ord. No. 1680, § 1, 5-14-13)

(a)

General standards:

(1)

Open air dining. Event Centers shall be permitted to operate open air dining on private property, including, but not limited to the front entrance, deck, or courtyard. However, the establishment of open air dining on private property cannot have the effect of blocking pedestrian circulation and access to building entrances shall not be impaired. If wait service is not provided, outdoor trash and recycling receptacles shall be provided. No additional signage is permitted for the open air dining. The operators of open air dining shall maintain a clean, litter-free, and well-kept appearance within and immediately adjacent to the area of open air dining activity. The open air dining shall comply with all applicable Department of Health and ABC Regulations.

(2)

Designed and designated space for location of Mobile Food Vendors is encouraged. The number of Mobile Food Vendors and the hours of operation are not limited when Mobile Food Vendors are an accessory use in conjunction with an event center event.

(3)

For outside events larger than what may be contained within the interior capacity occupancy of the building, arrangements must be made for additional parking or off-site overflow parking.

(Ord. No. 1845, § 1, 12-12-17)

(a)

General standards:

(1)

A type A buffer yard landscaped as required in Article V, Section 5310 [of this Appendix] shall be provided adjacent to a RM-27 or RM-48 zoning district.

(2)

The use of alternative pavements, such as brick pavers or porous pavement is encouraged.

(b)

Additional standards in the RM-27 and RM-48 zoning districts:

(1)

Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance. The hours of operation may be restricted through the conditional use permit.

(2)

Exterior lighting shall be compatible with the surrounding neighborhood.

(3)

Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood.

(4)

The scale, massing, and building design should be compatible with the surrounding neighborhood. The structure shall be street-oriented with pedestrian entrances from the street.

(5)

The location, dimensions, and design concept of any proposed signage should be provided at the time of the conditional use permit application.

(6)

Loading areas shall be sited in such a way so as to minimize the impact on any surrounding neighborhood. Sufficient screening meeting the standards of Article V, Division 3 of this ordinance [Appendix] shall be provided to screen and diffuse noise impacts on adjacent residences. A type C buffer yard shall be required when a loading area is located adjacent to a residential zoning district.

(7)

The portion of the principal structure devoted to Funeral Home use shall not exceed three thousand (3,000) square feet.

(8)

The street elevation of the principal structure shall have at least one (1) street-oriented entrance, and contain the principal windows of the funeral home.

(9)

The retention and use of upper floors for residential purposes is encouraged, so as to continue and enhance the residential character of the neighborhood, where applicable.

(10)

Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(c)

Additional standards in the DC and GC zoning districts: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1215, § 34, 5-11-99; Ord. No. 1247, § 15, 9-12-00; Ord. No. 1308, § 41, 8-13-02; Ord. No. 1339, § 27, 9-9-03; Ord. No. 1513, § 1, 4-14-09; Ord. No. 1680, § 1, 5-14-13)

(a)

General standards:

(1)

The outdoor storage and/or display of non-plant goods and materials is permitted only when screening is provided that meets the requirements of Article V, Division 3 [of this Appendix] for outdoor storage.

(2)

When adjoining a residential use type, a type C buffer yard in accordance with Section 5310 shall be provided.

(b)

Additional standards in the GC zoning district: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1308, § 42, 8-13-02; Ord. No. 1680, § 1, 5-14-13)

(a)

General standards:

(1)

Applicants must demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance, scale and massing of structures. The hours of operation may be restricted through the conditional use permit.

(2)

Exterior lighting shall be compatible with the surrounding neighborhood.

(3)

There should be as few entrances to the site as possible, and these should be located in a manner to promote safety and efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood.

To determine the number of permitted curb cuts, the following factors shall be considered: the number of existing curb cuts in the area, the potential for increased traffic hazards and congestion, and the number of travel lanes of the street that serves the site.

(4)

Fuel pumps and canopies over fuel pumps should be located behind the front line of the primary structure unless impractical to do so as a result of the shallow depth of a parcel, the location of existing mature trees, or other similar circumstances, or unless beneficial to surrounding properties to not do so. In such cases, additional street trees or front yard landscaping shall be considered as a condition for approval.

(5)

Any canopy over the fuel pumps shall have the same roof shape and exterior materials as the primary structure. Pitched roofs are encouraged.

(6)

The Zoning Administrator may require a traffic analysis to be provided by the applicant. Such analysis may include, but not be limited to, the proposed traffic flows, sight visibility for emerging vehicles, and other public safety factors.

(7)

The location, dimensions, and design concept of any proposed signage will be included in the conditional use permit application.

(8)

A use other than dispensing and selling fuel and oil shall meet parking and use and design standards for that use.

(b)

Additional standards in the RM-27 and RM-48 zoning districts:

(1)

Minimum lot size: Fifteen thousand (15,000) square feet.

(2)

Minimum frontage: Seventy-five (75) feet.

(3)

Front setback: ;hg;Twenty (20) feet from the right-of-way of a local road.
Thirty-five (35) feet from a collector road with a right-of-way width of fifty (50) feet or greater.
Sixty (60) feet from the center line of a collector road with a right-of-way width of less than fifty (50) feet.

(4)

Rear setback: Thirty-five (35) feet.

(5)

Side setback: Twenty (20) feet.

(6)

The scale, massing, and building design should be compatible with the surrounding residential neighborhood, including the fuel canopy. The canopy should have architectural features such as a pitched roof, shingles, and/or clapboard siding so as to blend the canopy with the residential surroundings. The standard architectural designs of regional or national businesses shall be modified to be compatible with the scale, massing, and design of the residential surroundings. The principal structure shall be oriented toward the street.

(7)

The street elevation of the principal structure shall have at least one (1) street-oriented entrance, and contain the principal windows of the gasoline station.

(8)

A type A buffer yard as required in Article V, Section 5310 shall be provided in yards adjacent to a R-4, R-5, OTR, RM-27, or RM-48 zoning district.

(9)

The use of alternative pavements, such as brick pavers or porous pavement is encouraged.

(10)

Loading areas shall be sited in such a way so as to minimize the impact on any surrounding neighborhood. Sufficient screening meeting the standards of Article V, Division 3 of this ordinance [Appendix] shall be provided to screen and diffuse noise impacts on adjacent residences. A type D buffer yard shall be required when a loading area is located adjacent to a residential use.

(11)

No more than four (4) fuel dispensing stations designed to serve individual vehicles shall be permitted.

(c)

Additional standards in the DC District: No more than four (4) fuel pumps designed to serve individual vehicles shall be permitted.

(Ord. No. 1278, § 13, 11-13-01; Ord. No. 1308, § 43, 8-13-02; Ord. No. 1339, § 27, 9-9-03; Ord. No. 1415, § 18, 7-11-06; Ord. No. 1513, § 1, 4-14-09)

General standards:

(1)

When the clubhouse, parking areas, or maintenance facilities adjoin a residential use type, a type C buffer yard shall be provided in accordance with Section 5310.

(2)

A minimum of fifty (50) parking spaces per each nine (9) holes shall be provided.

Additional standards in the MXD, DC and GC zoning districts: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1308, § 44, 8-13-02; Ord. No. 1339, § 27, 9-9-03; Ord. No. 1439, 4-10-07; Ord. No. 1680, § 1, 5-14-13)

Additional standards in the MXD, DC and GC zoning districts:

(1)

Parking will be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(2)

A hotel/motel cannot consist of a single ground floor of hotel/motel use with all other floors used for multi-family development. At least fifty (50) percent of the building's total square footage must be a hotel/motel use.

(Ord. No. 1308, § 44, 8-13-02; Ord. No. 1339, § 27, 9-9-03; Ord. No. 1439, 4-10-07; Ord. No. 1680, § 1, 5-14-13; Ord. No. 1884, § 1, 2-12-19)

(a)

General standards:

(1)

Parking shall be located behind the front lot line of the building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(2)

Minimum lot size: One (1) acre.

(3)

Minimum frontage: One hundred (100) feet.

(4)

Rear setback: Thirty-five (35) feet.

(5)

Side setback: Twenty (20) feet.

(6)

Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, noise, and appearance.

(7)

Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on the surrounding residential neighborhood. No more than two (2) curb cuts shall be allowed per street frontage. Factors including the number of existing curb cuts in the area, the potential for increased traffic hazards and congestion, and the number of travel lanes of the street that serves the development shall be used to determine the number of curb cuts permitted.

(8)

The scale, massing, and building design should be compatible with the surrounding neighborhood. The structure should be oriented toward the street.

(9)

The street elevation of the principal structure shall have at least one (1) street-oriented entrance, and contain the principal windows of the establishment.

(10)

The location, dimensions, and design concept of any proposed signage should be provided at the time of the conditional use permit application.

(11)

A type A buffer yard shall be provided for adjacent parcels zoned R-27 and R-48.

(12)

Use of alternative pavements such as brick pavers and porous pavement is encouraged. If a porous type paving surface is used it will not be included in the lot coverage calculation.

(13)

Loading and emergency entrance areas shall be sited in such a way so as to minimize the impact on the surrounding neighborhood. Sufficient screening meeting the standards of Article V, Division 3, shall be provided to screen and diffuse noise impacts on adjacent residences. A type C buffer yard may be required when a loading area is located adjacent to a residential use.

(14)

A traffic analysis may be required from the applicant as part of its application for a conditional use permit. Such analysis may include, but not be limited to, the proposed traffic flows, sight visibility for emerging vehicles, and other public safety factors as may be required by the Administrator.

(Ord. No. 1215, § 34, 5-11-99; Ord. No. 1513, § 1, 4-14-09; Ord. No. 1680, § 1, 5-14-13)

Editor's note— Ord. No. 1777, § 1, adopted January 12, 2016, repealed § 4530, which pertained to itinerant vendor and derived from Ordinance No. 1137, adopted April 22, 1997.

(a)

General standards:

(1)

Animal waste shall disposed of in a manner acceptable to the Department of Health.

(2)

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

(3)

The minimum area required for a commercial kennel shall be two (2) acres.

(4)

All facilities associated directly with the commercial kennel, whether indoors or outdoors, shall be set back a minimum of one hundred (100) feet from any property line.

(5)

A commercial kennel adjoining a residential use type, shall have a type C buffer yard in accordance with Section 5310.

(b)

Additional standards in the GC zoning district: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1308, § 45, 8-13-02; Ord. No. 1680, § 1, 5-14-13)

(a)

Outdoor display areas shall be constructed of the same materials required for off-street parking as required in Article V, Division 2. In addition, outdoor display areas shall meet the landscaping requirements for parking facilities as required in Article V, Division 3. Manufactured home outdoor display areas are not required to be located behind the front line of the principle structure.

(b)

The storage or display of manufactured homes in the planting strip required under Article V, Division 3 [of this Appendix] or within ten (10) feet of the public road right-of-way shall be prohibited.

(c)

The storage or display of manufactured homes which are not suitable for occupancy shall be prohibited.

(a)

General standards:

(1)

The minimum front setback shall be thirty-five (35) feet.

(2)

No security fencing, security gate, or other obstruction to vehicle access shall be permitted in the required front yard or in any required transitional yard.

(3)

No door opening for any rental unit shall be constructed facing any residentially zoned property.

(4)

Door openings for rental units shall face the interior of the site unless impracticable.

(5)

Accommodations for resident managers is permitted.

(6)

The roof shape and materials shall be compatible with the design and materials of neighboring buildings.

(7)

Views of mini-warehouses from public rights-of-way shall be buffered with vegetative material.

(b)

Additional standards in the GC zoning district: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1308, § 46, 8-13-02; Ord. No. 1680, § 1, 5-14-13)

(a)

General standards:

(1)

No more than ten (10) percent of the floor area may be devoted to seating facilities for consumption of food prepared on the premises.

(2)

Exterior display of merchandise for sale is allowed only on a paved walkway within three (3) feet of the building.

(3)

The display of vehicles for sale is prohibited.

(4)

Loading areas shall be located in such a way as to minimize the impact on the surrounding neighborhood. Screening shall be provided to screen and diffuse noise impacts on adjacent residences. A type D buffer yard may be required when a loading area is located adjacent to a residential use.

(5)

The street elevation of the principal structure shall have at least one (1) street-oriented entrance, and contain the principal windows of the store.

(6)

Use of alternative pavements such as brick pavers and porous pavement is encouraged.

(7)

A neighborhood convenience store which adjoins RR1, RR2, R-4, R-5, OTR, or PR shall contain a type C buffer yard.

(b)

Additional standards in the RR1, RR2, R-5, RM-27, and RM-48 Districts:

(1)

Minimum lot size: Twenty thousand (20,000) square feet.

(2)

Minimum frontage: One hundred (100) feet.

(3)

Front setback: ;hg;Twenty (20) feet from the right-of-way of a local road.

Thirty-five (35) feet from a collector road with a right-of-way width of fifty (50) feet or greater.
Sixty (60) feet from the center line of a collector road with a right-of-way width of less than fifty (50) feet.

(4)

Rear Setback: Thirty-five (35) feet.

(5)

Side setback: Twenty (20) feet.

(6)

Maximum lot coverage: Sixty (60) percent including buildings and paved surfaces.

(7)

Maximum floor area: Two thousand five hundred (2,500) square feet.

(8)

Vehicle entrances to the site shall be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on the surrounding residential neighborhood.

(9)

Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, noise, parking, and appearance.

(10)

Exterior lighting shall not cause glare upon adjacent property or upon a public right-of-way.

(11)

The hours of operation may be restricted in the terms of the conditional use permit.

(12)

The location, dimensions, and design concept of any proposed signage will be included in the conditional use permit application.

(13)

The scale, massing, and building design should be compatible with the surrounding neighborhood. The structure shall be street-oriented with pedestrian entrances from the street.

(14)

The retention and use of the upper floors for residential purposes is encouraged, so as to continue and enhance the residential character of the neighborhood, where applicable.

(15)

Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(c)

Additional standards in the MXD, DC and GC zoning districts: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1308, § 47, 8-13-02; Ord. No. 1339, § 27, 9-9-03; Ord. No. 1439, 4-10-07; Ord. No. 1513, § 1, 4-14-09; Ord. No. 1680, § 1, 5-14-13)

(a)

General standards:

(1)

A type A buffer yard as required in Article V, Section 5310 [of this Appendix] shall be provided in yards adjacent to a R-4, R-5, OTR, zoning district.

(2)

The minimum front, side, and rear yards for parking facilities shall be ten (10) feet except for any side of the property adjacent to the GC zoning district, where the minimum setback shall be three (3) feet.

(3)

Lot coverage by impervious surfaces shall be determined based upon the minimum landscaping and yard requirements.

(4)

The use of alternative pavements, such as brick pavers or porous pavement is encouraged.

(b)

Additional standards in the R-5, OTR, RM-27 and RM-48 zoning districts:

(1)

The parking facility shall be arranged to be compatible with the neighborhood and surrounding areas. Architectural fencing and other aesthetic features shall be installed to minimize the visual impact of the parking facility upon the surrounding residential neighborhood.

(2)

Exterior lighting shall be compatible with the surrounding neighborhood.

(3)

Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance. The hours of operation may be restricted through the conditional use permit.

(c)

Additional standards in the R-5 and OTR zoning districts: Parking facilities shall be permitted only on property which abuts property zoned DC, "Downtown Commercial," or on property which abuts an alley which abuts property zoned DC, "Downtown Commercial."

(d)

Additional standards in the Historic or Design Review Overlay District: Parking facilities shall only be permitted by conditional use permit.

(Ord. No. 1513, § 1, 4-14-09; Ord. No. 1924, § 2, 7-14-20)

Additional standards in the DC and GC zoning districts: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1308, § 48, 8-13-02; Ord. No. 1339, § 27, 9-9-03; Ord. No. 1680, § 1, 5-14-13)

Additional standards in the DC and GC zoning districts: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1308, § 48, 8-13-02; Ord. No. 1339, § 27, 9-9-03; Ord. No. 1680, § 1, 5-14-13)

Additional standards in the MXD, DC and GC zoning districts: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1308, § 48, 8-13-02; Ord. No. 1339, § 27, 9-9-03; Ord. No. 1439, 4-10-07; Ord. No. 1680, § 1, 5-14-13)

(a)

An entity with written by-laws or regulations that govern the operation of the Private Farmers Market must exist or be established; a copy of these by-laws or regulations must be provided to the Administrator.

(b)

Any restrictions on the type of producers or the location where agricultural products or handcrafted products are to be grown, raised or produced shall be included in the by-laws or regulations of the market.

(c)

One Private Farmers Market is allowed on a lot or parcel.

(d)

Written permission is required from property owner(s) upon which the market is located.

(e)

A Private Farmers Market must be at least one-half (½) mile from any other Public or Private Farmers Market, regardless of days of operation.

(f)

A Private Farmers Market must have a minimum of five (5) vendors present as averaged over the season the market is in operation.

(g)

Market size is limited to no more than twenty (20) vendors on-site at any one time.

(h)

Special events at a Private Farmers Market are allowed, subject to obtaining any required event permits. The number and type of special events must be specified in the market plan and include provisions to address public safety.

(i)

All vendors at the market must display the name(s) of the producer(s) and the location(s) where goods were grown, raised or produced.

(j)

The market vendors must comply with all applicable local, state and federal regulations.

(k)

Allowed signage to advertise the market includes a temporary banner sign of no greater than thirty-two (32) square feet in area that can be displayed on market days and the day before market days. The location of the banner and how the banner will be displayed shall be shown in the Market Plan. The banner must be on the parcel where the market is conducted. The banner for the Private Farmers Market shall not be included as temporary signage allowed by the commercial uses on the same parcel.

(l)

Storage of materials for the Private Farmers Market is allowed and may be in a storage facility that is within a completely enclosed building in the commercial center or in a temporary facility, such as a trailer, located in the parking lot and behind the front building line. The storage facility must be shown on the Market Plan and locked when not in use. If the storage facility is located in the parking lot, it may occupy no more than two (2) parking spaces. Any storage facility must meet district setbacks.

(m)

Market facilities are designed to be temporary in nature and use the existing parking and infrastructure of the site. Any permanent open air structures or other permanent facilities require a Special Exception.

(n)

Market materials such as tents, traffic cones, or other equipment shall be removed at the conclusion of the market day.

(o)

A Market Plan shall be submitted to the Administrator for review and approval. The plan shall be updated in March of each calendar year. The Market Plan shall include the following:

(1)

Written by-laws or other operational regulations of the proposed market.

(2)

Written permission from the property owner(s).

(3)

The name and contact information for the Private Farmers Market contact person.

(4)

Documentation that the market has a website that contains information on location and hours of operation of the market and includes the by-laws or regulations of the entity operating the market.

(5)

The proposed layout of the Private Farmers Market, including booth locations, signage, any storage, vendor parking, access for vendors and patrons, and adequate safety measures to separate market patrons from vehicular traffic. Any parking intended to specifically serve the Private Farmers Market on market days must be shown on the Market Plan.

(6)

An assessment of the existing and required parking for the on-site commercial uses and the number of parking spaces unavailable during market operations. Private Farmers Markets may occupy required parking but shall not have such an impact as to create traffic safety or circulation problems or negatively impact the parking for existing commercial uses on the property.

(7)

Hours and days of operation. These may be modified as needed with a two week written notice to the Administrator.

(p)

Any exception to these standards shall be processed as a special exception request pursuant to zoning ordinance section 1112 and the following criteria shall be considered:

(1)

Impact of special exception request on existing uses on the site;

(2)

Compatibility with uses on adjacent parcels; and

(3)

Traffic impacts and public safety.

(Ord. No. 1722, § 1, 5-13-14)

(a)

A Public Farmers Market shall only operate on a site designed for such use by the Town of Blacksburg. A Public Farmers Market location must be suitable to accommodate the impacts of the use and serve as a community gathering place in addition to providing access to local foods.

(b)

A Public Farmers Market may only operate under a valid lease or license agreement with the Town of Blacksburg.

(c)

An entity must exist or be established with written by-laws or regulations that govern the operations of the Public Farmers Market; a copy of these by-laws or regulations of the organization must be submitted to the Administrator.

(d)

Any restrictions on the type of producers or the location where agricultural products or handcrafted products are to be grown, raised or produced shall be included in the by-laws or regulations of the market.

(e)

The market must have a website that contains information on location, hours of operation of the market and include the by-laws or regulations of the organizing entity for the market.

(f)

A market contact person must be identified and updated in March of each calendar year.

(g)

All vendors at the market must display the name(s) of the producer and the location(s) where goods were grown, raised or produced.

(h)

The market vendors must comply with all applicable local, state and federal regulations.

(i)

The Public Farmers Market must be at least one-half (½) mile from any other Public or Private Farmers Market, regardless of days of operation.

(j)

Storage for the market shall be as established in the lease or license agreement.

(k)

Signage for the market shall be as established in the lease or license agreement.

(l)

Special events and live music are allowed, subject to the provisions of the lease or license agreement and obtaining any required event permits.

(m)

Any exception to these standards shall be processed as a special exception request pursuant to zoning ordinance section 1112 and the following criteria shall be considered:

(1)

Impact of special exception request on existing uses on the site;

(2)

Compatibility with uses on adjacent parcels; and

(3)

Traffic impacts and public safety.

(Ord. No. 1722, § 1, 5-13-14)

(a)

General standards: A traffic analysis may be required as part of the conditional use permit application, including but not limited to proposed traffic flow, sight visibility for emerging vehicles, roadway capacity for turning movements, and other public safety factors.

(b)

Additional standards in the GC and MXD zoning districts: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1308, § 49, 8-13-02; Ord. No. 1439, 4-10-07; Ord. No. 1513, § 1, 4-14-09; Ord. No. 1680, § 1, 5-14-13)

(a)

Open air dining: Restaurants shall be permitted to have open air dining on private property contiguous to the restaurant, including areas but not limited to the front entrance, deck, or courtyard. However, the establishment of the open air dining on private property cannot have the effect of blocking pedestrian circulation and access to the restaurant and adjacent business entrances. The following standards shall apply to open air dining areas:

(1)

Encroachment onto public property or into the public right-of-way requires a franchise agreement approved by Town Council. Using the public right-of-way, such as a sidewalk, as a means to access private property to provide wait service is allowed.

(2)

Fencing is allowed to define the area occupied by the open air dining.

(3)

Extended awnings, canopies, or umbrellas are permitted.

(4)

If wait service is not provided, outdoor trash and recycling receptacles shall be provided.

(5)

No additional signage is permitted for the open air dining.

(6)

The operators of open air dining shall maintain a clean, litter-free, and well-kept appearance within and immediately adjacent to the area of the open air dining activity.

(7)

The open air dining shall comply with all applicable Department of Health and ABC regulations.

(b)

Additional standards in the MXD, DC and GC zoning districts: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1308, § 50, 8-13-02; Ord. No. 1339, § 27, 9-9-03; Ord. No. 1439, 4-10-07; Ord. No. 1668, § 1, 4-9-13; Ord. No. 1680, § 1, 5-14-13)

(a)

Open air dining. Restaurants shall be permitted to operate open air dining on private property, including areas but not limited to the front entrance, deck, or courtyard. However, the establishment of open air dining on private property cannot have the effect of blocking pedestrian circulation and access to store entrances shall not be impaired. The following standards shall apply to open air dining areas:

(1)

Encroachment onto public property and into the public right-of-way requires a franchise agreement. Using the public right-of-way, such as a sidewalk, as a means to access private property to provide wait service is allowed.

(2)

Fencing is allowed to define the area occupied by the open air dining.

(3)

Extended awnings, canopies, or umbrellas are permitted.

(4)

If wait service is not provided, outdoor trash and recycling receptacles shall be provided.

(5)

No additional signage is permitted for the open air dining.

(6)

The operators of open air dining shall maintain a clean, litter-free, and well-kept appearance within and immediately adjacent to the area of open air dining activity.

(b)

Additional standards in the MXD, DC and GC zoning districts: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1308, § 51, 8-13-02; Ord. No. 1339, § 27, 9-9-03; Ord. No. 1439, 4-10-07; Ord. No. 1668, § 1, 4-9-13; Ord. No. 1680, § 1, 5-14-13)

(a)

General standards:

(1)

The use of alternative paving material, such as brick pavers or porous pavement is permitted.

(2)

Open air dining. Restaurants shall be permitted to have open air dining on private property contiguous to the restaurant, including areas but not limited to the front entrance, deck, or courtyard. However, the establishment of open air dining on private property cannot have the effect of blocking pedestrian circulation and access to the restaurant and adjacent business entrances. The following standards shall apply to open air dining areas:

(i)

Encroachment onto public property or into the public right-of-way requires a franchise agreement. Using the public right-of-way, such as a sidewalk, as a means to access private property to provide wait service is allowed.

(ii)

Fencing is allowed to define the area occupied by the open air dining.

(iii)

Extended awnings, canopies, or umbrellas are permitted for the open air dining.

(iv)

If wait service is not provided, outdoor trash and recycling receptacles shall be provided.

(v)

No additional signage is permitted for the open air dining.

(vi)

The operators of open air dining shall maintain a clean, litter-free, and well-kept appearance within and immediately adjacent to the area of the open air dining activity.

(vii)

The open air dining shall comply with all applicable Department of Health and ABC regulations.

(b)

Additional standards in the OTR, RM-27, RM-48 zoning districts:

(1)

Minimum side setback for new structures shall be twenty (20) feet.

(2)

Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance.

(3)

The street elevation of the principal structure shall have at least one (1) street-oriented entrance, and contain the principal windows of the restaurant.

(4)

The retention and use of upper floors for residential purposes is encouraged, so as to continue and enhance the residential character of the neighborhood.

(5)

The hours of operation may be restricted through the conditional use permit.

(6)

Maximum seating shall not exceed forty-eight (48) persons.

(7)

Exterior lighting shall be compatible with the surrounding neighborhood.

(8)

Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood.

(9)

The scale, massing, and building design should be compatible with the surrounding neighborhood. The structure shall be street-oriented with pedestrian entrances from the street.

(10)

The location, dimensions, and design concept of any proposed signage should be provided at the time of the conditional use permit application.

(11)

Loading areas shall be sited in such a way so as to minimize the impact on any surrounding neighborhood. Sufficient screening meeting the standards of Article V, Division 3 of this ordinance [Appendix} shall be provided to screen and diffuse noise impacts on adjacent residences. A type C buffer yard shall be required when a loading area is located adjacent to a residential use.

(12)

Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(c)

Additional standards in the OTR zoning district:

(1)

The architecture and historic character of structures in the OTR zoning district shall be retained. The retention and use of existing structures that contribute to the character of the neighborhood shall be a consideration in the granting of a conditional use permit.

(2)

The restaurant should have a fine dining or cafe atmosphere and character. Take out or delivery services shall not be permitted.

(3)

Outdoor seating may be permitted, if expressly approved in the conditional use permit. Outdoor seating shall be screened in order to substantially reduce noise and visual impacts on adjoining residential properties.

(4)

Maximum seating shall not exceed twenty-eight (28) persons.

(5)

Alcohol shall only be served at table service accompanying meals.

(6)

For existing structures, no exterior changes may be made that are nonresidential in character.

(7)

A type B buffer yard shall be provided in yards adjacent to a R-4, R-5, OTR, zoning district.

(d)

Additional standards in the MXD, DC and GC zoning districts: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1215, § 34, 5-11-99; Ord. No. 1308, § 52, 8-13-02; Ord. No. 1339, § 27, 9-9-03; Ord. No. 1439, 4-10-07; Ord. No. 1513, § 1, 4-14-09; Ord. No. 1668, § 1, 4-9-13; Ord. No. 1680, § 1, 5-14-13)

(a)

General standards:

(1)

A type A buffer yard shall be provided in yards adjacent to a RM-27 or RM-48 zoning district.

(2)

The use of alternative pavements, such as brick pavers or porous pavement is encouraged.

(b)

Additional standards in the RM-27 and RM-48 zoning districts:

(1)

Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance.

(2)

The street elevation of the principal structure shall have at least one (1) street-oriented entrance, and contain the principal windows of the store.

(3)

The retention and use of upper floors for residential purposes is encouraged, so as to continue and enhance the residential character of the neighborhood, where applicable.

(4)

The hours of operation may be restricted through the conditional use permit.

(5)

Exterior lighting shall be compatible with the surrounding neighborhood.

(6)

Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood.

(7)

The scale, massing, and building design should be compatible with the surrounding neighborhood. The structure shall be street-oriented with pedestrian entrances from the street. The standard architectural designs of regional or national businesses shall be modified in such a way so as to be compatible with the scale, massing, and design of the residential surroundings.

(8)

The location, dimensions, and design concept of any proposed signage should be provided at the time of the conditional use permit application.

(9)

Loading areas shall be sited in such a way so as to minimize the impact on any surrounding neighborhood. Sufficient screening meeting the standards of Article V, Division 3 of this ordinance [Appendix] shall be provided to screen and diffuse noise impacts on adjacent residences. A type C buffer yard shall be required when a loading area is located adjacent to a residential use.

(10)

The portion of the structure dedicated to retail sales shall not exceed four thousand (4,000) square feet.

(11)

Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(c)

Additional standards in the MXD, DC and GC zoning districts: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1215, § 34, 5-11-99; Ord. No. 1247, § 16, 9-12-00; Ord. No. 1308, § 53, 8-13-02; Ord. No. 1339, § 27, 9-9-03; Ord. No. 1439, 4-10-07; Ord. No. 1513, § 1, 4-14-09; Ord. No. 1680, § 1, 5-14-13)

General standards:

(a)

Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, buffering and appearance.

(b)

The use of alternative pavements, such as brick pavers or porous pavement, pervious temporary overflow parking areas, and/or other low impact development techniques for stormwater management are encouraged, and may be conditions of approval.

(c)

The street elevation of each large format retail sales structure shall have at least one (1) major street-oriented primary entrance and contain the principal windows of the store.

(d)

The hours of operation may be restricted through the conditional use permit.

(e)

Exterior lighting shall be compatible with the surrounding neighborhood.

(f)

Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any adjacent neighborhood.

(g)

The scale, massing, and building design shall be compatible with surrounding developments. The structure and site shall be street-oriented with pedestrian entrances from the street. The standard architectural designs of regional or national businesses shall be modified in such a way so as to be compatible with the scale, massing, articulation and design of the surroundings. Architectural detailing shall be incorporated into all façade so as to avoid a blank or monotonous appearance on any façade. Architectural detailing should include the following:

(1)

Entrances;

(2)

To promote pedestrian interest and activity, and to enhance security and safety by permitting visibility into and out of buildings, a minimum of fifty (50) percent of the ground floor façade containing the primary entrance and any façade facing a street should be transparent from the street through the provision of glass;

(3)

Variations in roof line;

(4)

Variations in building materials; and

(5)

Variations in color.

(h)

The location, dimensions, and design concept of any proposed signage shall be provided at the time of the conditional use permit application.

(i)

Loading areas shall be sited in such a way so as to minimize the impact on any surrounding neighborhood.

(j)

Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112. Conditions including increased landscaping and enhanced pedestrian paths may be applied in granting such exception or in approving the conditional use permit.

(Ord. No. 1450, § 1, 5-29-07; Ord. No. 1509, § 1, 2-10-09; Ord. No. 1513, § 1, 4-14-09; Ord. No. 1680, § 1, 5-14-13)

(a)

General standards:

(1)

The use of alternative pavements, such as brick pavers or porous pavement is encouraged.

(2)

A type B buffer yard as required in Article V, Section 5310 [of this Appendix] shall be provided in yards adjacent to a R-4, R-5, OTR, zoning district.

(b)

Additional standards in the OTR zoning district:

(1)

Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance.

(2)

The street elevation of the principal structure shall have at least one (1) street-oriented entrance, and contain the principal windows of the studio.

(3)

The retention and use of upper floors for residential purposes is encouraged, so as to continue and enhance the residential character of the neighborhood, where applicable.

(4)

The hours of operation may be restricted through the conditional use permit.

(5)

Exterior lighting shall be compatible with the surrounding neighborhood.

(6)

Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood.

(7)

The scale, massing, and building design should be compatible with the surrounding neighborhood. The structure shall be street-oriented with pedestrian entrances from the street.

(8)

The location, dimensions, and design concept of any proposed signage should be provided at the time of the conditional use permit application.

(9)

For new structures, the side yard setback shall be twenty (20) feet.

(10)

The architecture and historic character of structures in the OTR zoning district shall be retained. The retention and use of existing structures that contribute to the character of the neighborhood shall be a consideration in the granting of a conditional use permit.

(11)

Loading areas shall be sited in such a way so as to minimize the impact on any surrounding neighborhood. Sufficient screening meeting the standards of Article V, Division 3 of this ordinance [Appendix] shall be provided to screen and diffuse noise impacts on adjacent residences. A type C buffer yard shall be required when a loading area is located adjacent to a residential use.

(12)

Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(c)

Additional standards in the DC and GC zoning districts: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1215, § 34, 5-11-99; Ord. No. 1308, § 54, 8-13-02; Ord. No. 1339, § 27, 9-9-03; Ord. No. 1513, § 1, 4-14-09; Ord. No. 1680, § 1, 5-14-13)

(a)

General standards.

(1)

Prior to commencement of the use, a plan must be approved by the Zoning Administrator demonstrating compliance with the following requirements: the parcel boundaries, site elements including building location, location of any open air seating, location of parking spaces, street access, designated loading area, and any required buffers, signage, as well as the layout and square footage of each use proposed within the building.

(2)

For any new construction, excluding additions of less than 50% of the existing building footprint, parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Zoning Ordinance 1112.

(3)

For any new construction, excluding additions of less than 50% of the existing building footprint, the street elevation of the principal structure shall have at least one (1) street-oriented entrance, and contain the principal windows of the facility.

(4)

A Type B Buffer is required where abutting a residential use or vacant residentially zoned parcel.

(5)

No outdoor storage is allowed.

(6)

An area for loading and unloading shall be shown on the required plan. The loading area must be sited in a way that minimizes the impact on any surrounding neighborhood.

(7)

A maximum of one (1) delivery vehicle stored on-site is permitted.

(8)

The brewery, cidery, seltzery, winery, meadery or distillery must be licensed by the Virginia Alcohol and Beverage Control (ABC) Authority.

(9)

The sale of alcoholic beverages is limited to only those produced by the small-scale brewery, cidery, seltzery, winery, meadery, or distillery.

(10)

All production, packaging and retail sales shall occur within a completely enclosed building.

(11)

A plan for disposal of any spent product that occurs as part of production shall be included in the plan submitted to the Zoning Administrator.

(b)

Additional Standards in the DC zoning district:

(1)

No parking is required. Any parking that is provided must comply with the standard in Zoning Ordinance § 5200 for off-street parking, stacking and loading.

(2)

Production capacity is limited to 50% of the amount in the definition of each small-scale alcohol use.

(Ord. No. 2002, § 1, 1-10-23)

(a)

General standards:

(1)

The use of alternative pavements, such as brick pavers or porous pavement is encouraged.

(b)

Additional standards in the OTR, RR1, RM-27, and RM-48 zoning districts.

(1)

Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance.

(2)

The street elevation of the principal structure shall have at least one (1) street-oriented entrance, and contain the principal windows of the studio.

(3)

The retention and use of upper floors for residential purposes is encouraged, so as to continue and enhance the residential character of the neighborhood, where applicable.

(4)

The hours of operation may be restricted through the conditional use permit.

(5)

Exterior lighting shall be compatible with the surrounding neighborhood.

(6)

Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood.

(7)

The scale, massing, and building design should be compatible with the surrounding neighborhood. The structure shall be street-oriented with pedestrian entrances from the street.

(8)

The location, dimensions, and design concept of any proposed signage should be provided at the time of the conditional use permit application.

(9)

For new structures, the side yard setback shall be fifteen (15) feet.

(10)

For existing structures, no exterior changes may be made that are nonresidential in character.

(11)

Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(c)

Additional standards in the OTR zoning district:

(1)

The architecture and historic character of structures in the OTR zoning district shall be retained. The retention and use of existing structures that contribute to the character of the neighborhood shall be a consideration in the granting of a conditional use permit.

(2)

A type A buffer yard shall be provided in yards adjacent to a R-4, R-5, OTR, zoning district.

(d)

Additional standards in the MXD, DC and GC zoning districts: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1215, § 34, 5-11-99; Ord. No. 1308, § 55, 8-13-02; Ord. No. 1339, § 27, 9-9-03; Ord. No. 1439, 4-10-07; Ord. No. 1513, § 1, 4-14-09; Ord. No. 1680, § 1, 5-14-13)

Additional standards in the DC and GC zoning districts: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1308, § 56, 8-13-02; Ord. No. 1339, § 27, 9-9-03; Ord. No. 1680, § 1, 5-14-13)

(a)

General standards:

(1)

All activities comprising the manufacturing process, other than loading and unloading, shall be conducted within an enclosed building.

(2)

No exterior odor, dust, noise, or other objectionable impacts shall be produced as a result of the use.

(3)

The outside storage of goods, supplies, or materials must be placed in the rear yard. Outside storage areas shall not exceed fifteen (15) percent of the total area of the site.

(4)

Where the site is adjacent to a residential district, hours of operation may be restricted.

(b)

Additional standards in the RR1 and RR2 zoning districts:

(1)

A custom manufacturing establishment shall meet all the requirements for a principle structure.

(2)

Maximum square footage for a custom manufacturing establishment: Three thousand (3,000) square feet.

(3)

When adjoining a residential use type on an adjoining lot, a type C buffer yard shall be provided.

(4)

The site shall front directly on and have direct access to a publicly owned and maintained street.

(5)

The custom manufacturing establishment shall be associated with a single-family dwelling.

(6)

Minimum lot size: Three (3) acres.

(c)

Standards in the GC zoning district: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1308, § 57, 8-13-02; Ord. No. 1680, § 1, 5-14-13)

(a)

Standards in the DC, GC and Office zoning districts:

(1)

No exterior odor, dust, noise, or other objectionable impacts shall be produced as a result of the use;

(2)

Where appropriate to protect adjacent uses, hours of operation may be restricted.

(b)

Additional standards in the DC and GC zoning districts: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1308, § 58, 8-13-02; Ord. No. 1416, § 4, 7-11-06; Ord. No. 1680, § 1, 5-14-13)

(a)

Standards in the DC, GC and Office zoning districts:

(1)

No exterior odor, dust, noise, or other objectionable impacts shall be produced as a result of the use;

(2)

Where appropriate to protect adjacent uses, hours of operation may be restricted.

(b)

In the DC and GC zoning districts, parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1416, § 5, 7-11-06; Ord. No. 1680, § 1, 5-14-13)

(a)

General standards.

(1)

Where the site is adjacent to a residential district, hours of operation may be restricted.

(2)

All storage, other than vehicles, trailers, and refuse, shall be indoors.

(b)

Standards in the GC zoning district: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1308, § 59, 8-13-02; Ord. No. 1680, § 1, 5-14-13)

(a)

General standards:

(1)

Accessory structures shall be permitted in association with a principal structure, provided that the area of the accessory structure shall be twenty-five (25) percent or less of the gross floor area of the principal structure. This standard shall not apply to structures devoted to agricultural uses.

(2)

Accessory structures shall be separate structures, located at least five (5) feet from all other structures on the lot.

(b)

Additional standards in the RR1, RR2, R-4, R-5, OTR, RM-27, RM-48, and PR districts:

(1)

An accessory structure shall be located behind the front building line of the principal structure. This provision shall not apply to agricultural structures devoted to an agricultural use, located within the RR1 or RR2 zoning district.

(2)

The setback requirements of the underlying zoning district shall be met. However, if the accessory structure is not located in a yard adjacent to a public right-of-way, and is twelve (12) feet or less in height and is two hundred (200) square feet or less of gross floor area, the minimum setbacks shall be:

a.

Side yard: Five (5) feet.

b.

Rear yard: Five (5) feet.

(Ord. No. 1184, adopted 6-9-98)

(3)

Accessory structures greater than two hundred (200) square feet of gross floor area or taller than twelve (12) feet in height shall meet the setbacks of the underlying zoning district.

(c)

Additional standards in the DC, GC, PC, RD, IN, MXD, and O districts:

(1)

Accessory structures shall be allowed only on the same lot as the principal use or structure, or adjacent lot under common ownership, provided that access is from the lot on which the principal use or structure is located.

(2)

Setbacks for accessory structures shall meet the setbacks of the underlying zoning district.

(3)

Accessory structures shall have the same roof pitch and exterior materials as the primary structure.

(Ord. No. 1215, § 28, 5-11-99; Ord. No. 1415, § 19, 7-11-06; Ord. No. 1439, 4-10-07)

General standards:

(1)

Maximum height: Seventy-five (75) feet.

(2)

The set-back requirement of the zoning district must be met.

a.

Tower guys and accessory structures shall meet the minimum setback requirements.

b.

Setback from all principle buildings or structures on adjacent lots shall be a distance equal to the height of the tower.

(3)

Towers shall be located in the rear yard only.

(4)

Towers shall be of a natural metal color.

(Ord. No. 1184, adopted 6-9-98)

(a)

The standards of this section apply whenever a conditional use permit is sought for a broadcasting or communications tower, as this use is defined by Section 2103 of this chapter [Appendix] [Appendix]. Any wireless communication antenna which meets the definition of a "utility service, minor," is not subject to the provisions of this section.

(b)

General standards:

(1)

The following sites shall be considered by applicants as the preferred order of location of proposed broadcasting or communication facilities:

a.

Existing broadcasting or communication towers.

b.

Property zoned industrial, research and development, or university.

c.

Public structures, such as water towers, utility structures, fire stations, bridges, and other public buildings within all zoning districts not utilized primarily for residential uses.

d.

Property zoned general commercial.

e.

Property zoned Downtown commercial.

f.

Property zoned primarily for residential uses.

(2)

No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of Town Council that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

a.

No existing towers or structures are located within the geographic area required to meet the applicant's engineering requirements.

b.

Existing towers or structures do not have sufficient height to meet applicant's engineering requirements.

c.

The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced modified, or replaced to accommodate the planned or equivalent equipment at a reasonable cost.

d.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers and structures, or the existing antenna would interfere with applicant's proposed antenna.

e.

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are deemed unreasonable.

f.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unreasonable.

(3)

The maximum height of any Broadcasting and Communication Facility shall be made a condition of the conditional use permit.

(4)

Broadcasting or communication towers shall conform with each of the following minimum setback requirements:

a.

Towers shall have a minimum front, side, and rear yard setback equal to the height of the tower.

b.

Towers guys and accessory structures shall satisfy the minimum setback requirements of the underlying zoning district.

c.

Towers shall not be located between the principal structure and a public street.

d.

For any lot which abuts a lot zoned RR1, R-4, or R-5, the maximum height of any tower, including antennas and attachments, shall not exceed one (1) foot for each two (2) feet of distance between the tower and such property line.

e.

A tower's setback may be reduced or its location in relation to a public street varied, at the sole discretion of the Town Council, to allow the integration of a tower into an existing or proposed structure such as a church steeple, light pole, utility pole, or similar structure.

(5)

More than one (1) tower may be permitted provided all setback requirements have been met.

(6)

All broadcasting or communication facilities shall be designed, structurally, electrically, and in other respects, to accommodate both the applicant's antennas and comparable antennas for at least two (2) additional users, if the tower is over one hundred (100) feet in height, or for at least one (1) additional user if the tower is over sixty (60) feet in height. Wireless telecommunication providers shall respond to co-location requests within ninety (90) days.

(7)

Proposed or modified towers and antennas shall meet the following design requirements:

a.

Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration.

b.

Broadcasting or communication towers shall be of a monopole design unless the Town Council determines that an alternative design would better blend in to the surrounding environment.

(8)

Towers shall be illuminated as required by the Federal Communications Commission, (FCC) but no lighting shall be incorporated if not required by the FCC, other than essential security lighting. Site lighting shall not be directed toward adjacent properties. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower.

(9)

Towers shall be located in an area where they are unobtrusive and do not substantially detract from aesthetics or neighborhood character, due to either location, to the nature of surrounding uses, or to lack of visibility caused by natural growth or other factors.

(10)

A type D buffer yard shall be provided surrounding the facility. The conditional use permit application shall include a landscape plan showing the locations, species, and size at planting for the landscaping proposed.

(11)

Signage on site shall be limited to no trespassing or safety signs to be positioned on the fence surrounding the facility. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.

(12)

No new or existing telecommunications service shall interfere with public safety communications. Before the introduction of new service or changes in existing service, telecommunications providers shall notify the Town at least ten (10) calendar days in advance of such changes and allow the Town to monitor interference levels during the testing process.

(13)

There shall be no outdoor storage associated with the facility.

(14)

All towers and associated facilities shall be removed within six (6) months of the cessation of operations at the site unless a time extension is approved by the Zoning Administrator. In the event that a tower is not removed within six (6) months of the cessation of operations at a site, the tower and associated facilities may be removed by the Town and the costs of removal assessed against the owner and property.

(c)

Additional standards in the RR1, R-4, R-5, RM-27, RM-48, and PR Zoning Districts:

(1)

Broadcasting or Communication Towers shall be allowed only in the following locations:

a.

Church sites, when camouflaged as steeples or bell towers.

b.

Park sites, when compatible with the nature of the park.

c.

Government, school, utility, and institutional sites.

d.

Other similar site or structure.

(d)

Additional standards in the RR1, R-4, and R-5 zoning districts:

(1)

Maximum height, including tower, antennas, and other attachments: Thirty-five (35) feet except when included in a church steeple, bell tower, water tower, light pole, or other similar architecturally compatible structure.

(e)

Additional standards in the GC zoning district: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1170, adopted 11-11-97; Ord. No. 1247, § 17, 9-12-00; Ord. No. 1308, § 60, 8-13-02; Ord. No. 1339, § 21, 9-9-03; Ord. No. 1513, § 1, 4-14-09; Ord. No. 1680, § 1, 5-14-13)

(a)

General Standards for Portable Storage Containers ("containers").

(1)

The provisions of this section shall not apply to containers located on and necessary for an approved construction project.

(2)

The temporary placement of any container on any lot shall be permitted only upon issuance of a zoning permit, except for a container in an Industrial zoning district.

(3)

The zoning permit shall be displayed on the outside of the container.

(4)

Containers shall be permitted only for temporary storage for the lot on which the container is located.

(5)

Containers shall be permitted only upon the same lot as the principal structure it is accessory to. Containers are prohibited on any lot without a principal structure.

(6)

Containers shall comply with all district yard setbacks and are prohibited in buffer areas.

(7)

Containers shall not be connected to any utilities.

(8)

A container shall be located behind the front building line, only in an approved paved area, and shall not block vehicle entrances, visibility triangles, drive aisles, required parking, or fire lanes.

(9)

Vertical stacking of containers is prohibited.

(10)

Signs on containers shall be limited to no more than two (2) sign areas having a maximum four (4) square feet per sign. Such signs may only identify the container supplier and telephone number.

(b)

Additional standards for portable storage containers accessory to agricultural, detached single-family, attached single-family, and two-family dwelling uses:

(1)

A single container shall be permitted per lot for a maximum 14-day period, and for no more than two (2) times per year.

(2)

A container may not exceed sixteen (16) feet in length, eight (8) feet in width and eight and one-half (8½) feet in height when accessory to detached single-family use (unless agricultural in use).

(c)

Portable storage containers accessory to multifamily uses: A single container shall be permitted per fifty (50) dwelling units per lot, each for a maximum 14-day period, and for no more than two (2) times per year.

(d)

Additional standards for containers accessory to industrial uses: No more than three (3) containers shall be permitted simultaneously per lot and each for a maximum 14-day period.

(e)

Additional standards for containers accessory to other uses not identified above: A single container shall be permitted per lot for a maximum 14-day period, and for no more than two (2) times per year.

(f)

For time periods exceeding the limits stated in [subsections] (b), (c), (d) and (e), containers shall be located in a screened storage yard, behind the front building line and meet all requirements for screened storage and other applicable Zoning Code requirements.

(g)

The penalties and procedure for enforcement of violations of this section are provided in Article I, Division II of the Zoning Ordinance.

(Ord. No. 1415, § 20, 7-11-06)

(a)

General standards:

(1)

An outpatient substance abuse center that adjoins an RR1, RR2, R-4, R-5, OTR, PR, RM-27, and RM-48 district shall provide a type B buffer yard in accordance with Section 5310.

(2)

Applicants must demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance.

(3)

The structure shall be street oriented, with pedestrian entrances from the street.

(4)

The location, dimensions, and design concept of any proposed signage should be provided at the time of the conditional use permit application.

(5)

The hours of operation may be restricted through the conditional use permit process.

(6)

Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(7)

Lighting shall enhance security around the exterior of the building and on the site in general. Exterior lighting at the maximum footcandles permitted by Section 5601 shall be installed to illuminate the parking area, outside storage and refuse containers, walkways, and all entrances to the establishment.

(Ord. No. 1415, § 21, 7-11-06; Ord. No. 1513, § 1, 4-14-09; Ord. No. 1680, § 1, 5-14-13)

(a)

Application Requirements. The following is required as part of a Temporary Use Permit application for an Itinerant Vendor:

(1)

A town business license (or a statement from the Finance Department that no town business license is required).

(2)

Written permission from the owner(s) of the private properties upon which the permit holder will operate.

(3)

A general sketch to be approved by the Zoning Administrator for each proposed location, illustrating access to the site, all parking areas, routes for ingress and egress, placement of the Itinerant Vendor, distance from lot lines, garbage receptacles and any other feature associated with the Itinerant Vendor.

(b)

General standards:

(1)

No signage shall be permitted except temporary signs pursuant to Article V, Division 5.

(2)

No buffer yard, screening, landscaping, or site plan is required.

(3)

An Itinerant Vendor shall not locate within fifty (50) feet of any RR-1, RR-2, R-4, R-5, OTR, or PR (non-commercially designated parcels) Zoning District.

(4)

An Itinerant Vendor shall be positioned on improved, designated parking spaces and shall not block (i) the main entry drive aisle or impact circulation overall, (ii) other access to loading areas, or (iii) emergency access and fire lanes. The Itinerant Vendor must also be positioned at least fifteen (15) feet away from fire hydrants, any fire department connection (FDC), driveway entrances, alleys and handicapped parking spaces.

(Ord. No. 1777, § 1, 1-12-16)

(a)

Application Requirements. The following is required as part of a Temporary Use Permit application for a Mobile Food Vendor:

(1)

A town business license (or a statement from the Finance Department that no town business license is required).

(2)

Approval from the Virginia Health Department (as applicable) stating that the Mobile Food Vendor meets all applicable standards prior to operation. A valid health permit must be maintained for the duration of the Temporary Use Permit.

(3)

Written permission from the owner(s) of the private properties upon which the permit holder will operate.

(b)

Location.

(1)

A Mobile Food Vendor must be located on private property.

(2)

A Mobile Food Vendor shall locate a maximum of two (2) days per calendar week at any one (1) location within the town. For the purposes of this standard, a calendar week shall start on a Sunday and end on a Saturday.

(3)

A Mobile Food Vendor and all materials associated with the business shall be removed from the location by 9:30 p.m. each day.

(4)

No Mobile Food Vendor shall be located so as to obstruct a public sidewalk or the public right-of-way.

(5)

Mobile Food Vendors shall not locate within fifty (50) feet of any RR-1, RR-2, R-4, R-5, OTR, or PR (non-commercially designated parcels) Zoning District.

(6)

A Mobile Food Vendor selling prepared food shall not locate within one hundred (100) feet of an established restaurant during the restaurant's operating hours (determined by measuring from the edge of the Mobile Food Vendor to the foundation of the restaurant) unless permission of the restaurant owner is provided.

(7)

A Mobile Food Vendor shall be positioned on improved, designated parking spaces and shall not block (i) the main entry drive aisle or impact circulation overall, (ii) other access to loading areas, or (iii) emergency access and fire lanes. The Mobile Food Vendor must also be positioned at least fifteen (15) feet away from fire hydrants, any fire department connection (FDC), driveway entrances, alleys and handicapped parking spaces.

(c)

Hours of operation. Mobile Food Vendors are allowed to operate between the hours of 6:00 a.m. and 9:00 p.m. No Mobile Food Vendor shall operate past 9:00 p.m.

(d)

Noise/Lighting.

(1)

No amplified music shall be allowed. This includes music played inside the vehicle that is audible outside of the vehicle.

(2)

The operation of the vehicle or use of a generator should not be loud enough to be plainly audible at a distance of one hundred (100) feet away. Excessive complaints about vehicle or generator noise will be grounds for the Administrator to require that the Mobile Food Vendor change locations on the site or move to another property.

(3)

All portable or temporary lighting shall meet Town lighting requirements and may remain on until 9:30 p.m. to allow for the safety of the patrons and employees and to allow for the site to be cleaned properly.

(e)

Dining Areas. One ten (10) × ten (10) area is allowed next to the Mobile Food Vendor. All activities must be wholly contained within this area, which may be covered or uncovered, with tables and chairs for dining or for a table with condiments for patrons. A generator may be placed outside of this area as long as its placement and operation conforms with all applicable use and design standards.

(f)

Number of food trucks permitted. No more than three (3) Mobile Food Vendors may operate from the same lot at the same time. Use of the lot must at all times be in accordance with all other Town regulations.

(g)

Signage. All signage shall be limited to the Mobile Food Vendor itself. Only the food products for sale, the name of the business and a price list shall be listed. Alternative signage not affixed to the Mobile Food Vendor is allowed when related to daily menu information only. This signage shall be located within five (5) feet of the Mobile food vendor and not exceed eight (8) square feet in size.

(h)

Trash. A Mobile Food Vendor shall provide trash and recycling receptacles and employees shall properly recycle containers and dispose of all trash, refuse and compost that is generated by the patrons.

(i)

Other.

(1)

The sale of anything other than food and non-alcoholic beverages (and items incidental to the product and its consumption) is prohibited.

(2)

Mobile Food Vendors are allowed at public or private events as follows:

(i)

In the zoning districts listed in § 1284(b);

(ii)

At events approved through Town Code §§ 15-101 and 21-612;

(iii)

At events conducted by the Town of Blacksburg; and

(iv)

At events conducted by Montgomery County public schools on school property.

(3)

The requirements of this section shall not apply to Mobile Food Vendors at catered events (events where the food is not sold through individual sales but provided to a group pursuant to a catering contract with a single payer).

(4)

No liquid wastes shall be discharged from the Mobile Food Vendor.

(Ord. No. 1777, § 1, 1-12-16)