(a)

All projects that require the additional use or new facilities of essential services, such as sewers, storm drains, fire hydrants, potable water, public streets, street lighting and similar services, shall obtain such approval as required by the agency providing such service prior to project approval.

(b)

Nonavailability of essential services shall be permitted to be grounds for denying permits for additional development until such services are available. This may also include emergency services such as police and fire protection. The town is not obligated to extend or supply essential services if capacity is not available. If capacity is available, the extension of services shall be by and at the cost of the developer, unless the town agrees otherwise. All service extensions shall be designed and installed in full conformance with the town's standards for such service, and shall be subject to review, permitting and inspection as required by other policies, ordinances and codes of the town.

(Ord. of 6-26-2000, § 20-100)

(a)

Generally. Walls, fences and other obstructions which may restrict passage over property lines or which may obstruct line of sight or vision across property lines may be erected or placed with the town, except as provided as follows:

(1)

No such wall, fence or obstruction within a front yard shall exceed a height of 3½ feet as measured from grade at the front property line in a residential district.

(2)

No such wall, fence or obstruction other than landscaping in a side or rear yard shall exceed an average height of six feet in a residential district, except that such structures, when attached to a principal building, may not exceed eight feet in height when clearly incidental to a function of the building rather than a site improvement.

(3)

In all zoning districts, no such walls, fences or other obstruction may be placed on any corner lot in such a manner to obstruct vision or line of sight from any intersection.

(4)

No such walls, fences or other obstructions shall be electrified, barbed or secured in a dangerous manner in any residential district.

(5)

Such walls, fences and other enclosures for special uses, such as swimming pools, transformers and electrical substations, may not be subject to this section in accordance with the determination of the zoning administrator.

(6)

In business and industrial districts, such walls, fences or other obstructions which are clearly used for safety or security purposes may supersede these height requirements with approval of the zoning administrator.

(b)

Zoning permit required. No such wall, fence or other obstruction shall be erected or placed in the town without a zoning permit having first been obtained. Any fence, wall or other obstruction which does not meet requirements of this provision must be approved by the planning commission before issuance of such zoning permit.

(c)

Violations. Violations of this section shall be punished as provided in section 74-7.

(Ord. of 6-26-2000, § 20-105)

Accessory buildings should occupy the same lot as the main use or building. Garages or other accessory buildings, such as carports, porches and stoops attached to the main building shall be considered part of the main building.

(1)

Separation from main building. All accessory buildings shall be separated from the main building by ten feet unless otherwise stated.

(2)

Private garages. An accessory building used as a private garage shall be permitted to be located in the rear yard or side yard. No private garage shall be located in the front yard.

(3)

Storage buildings. All accessory buildings used for storage or other similar use shall be permitted to be located in any portion of the rear yard or side yard. No storage building shall be located in the front yard.

(4)

Easements. No accessory building shall be allowed to encroach into any recorded easements.

(Ord. of 6-26-2000, § 20-110(a))

The following is a list of special provisions that are unique to each listed zoning district:

(1)

District R-1A. In the R-1A district, any accessory building shall be located no closer to the principal building than 25 feet and shall have a side yard on each side of not less than ten feet.

(2)

All other residential districts. In all other residential districts, no accessory building may be closer than three feet to any property line.

(Ord. of 6-26-2000, § 20-110(b))

Landscaping is required for all new buildings and additions over 500 square feet. Such landscaping shall be completed within six months from the date of occupancy of the building.

(Ord. of 6-26-2000, § 20-140(intro.))

Front yards required by this chapter shall be completely landscaped, except for those areas occupied by access driveways, walls and structures.

(Ord. of 6-26-2000, § 20-140(a))

All flanking streetside side yards shall be completely landscaped, except for those areas occupied by utilities, access driveways, paved walks, walls and structures.

(Ord. of 6-26-2000, § 20-140(b))

All live landscaping required by this chapter shall be properly maintained. All dead or dying landscaping shall be replaced immediately and all sodded areas mowed, fertilized and irrigated on a regular basis.

(Ord. of 6-26-2000, § 20-140(c))

See chapter 62, article II, for provisions regarding erosion and sediment control.

(Ord. of 6-26-2000, § 20-145)

Conditional use permits for temporary construction housing parks may be issued by the town council, subject to the following conditions:

(1)

The location of a temporary construction housing park is necessary for the housing of construction workers employed on a commercial, industrial or highway construction project.

(2)

The request is filed by or certified by the industry or state department of transportation as being essential to the construction.

(3)

A minimum area of 2,000 square feet be provided for each space.

(4)

Sanitary facilities conform to the state health department's trailer camp sanitation requirements.

(5)

That the period for operating such temporary park shall concur with the anticipated period of the construction. Applications for renewal may be submitted if more time is required to complete the project. However, such renewal applications must be filed at least 30 days prior to the expiration of the original temporary use permit.

(Ord. of 6-26-2000, § 20-150(a))

The town council, in granting such a conditional use permit, may require the posting of a bond to ensure that the temporary construction housing park will be removed and the site left in good order at the expiration of the permit.

(Ord. of 6-26-2000, § 20-150(b))

The town council shall establish such additional requirements as are in the best interest of the public.

(Ord. of 6-26-2000, § 20-150(c))

An overlay district is intended to supplement traditional zoning by adding additional regulations to a specified area. Zoning district overlays may not follow property lines, but may be related to geological factors, floodplain, water pressure zones and historic areas.

(Ord. of 6-26-2000, § 20-155(a); Ord. of 2-26-2001, § 20-155(a); Ord. of 6-11-2001, § 20-155(a))

These zones are established as overlays to be superimposed over the existing base zoning districts and as such, the provisions for that overlay shall serve as a supplement to the underlying zoning district provisions.

(Ord. of 6-26-2000, § 20-155(b); Ord. of 2-26-2001, § 20-155(b); Ord. of 6-11-2001, § 20-155(b))

In the event of any conflict between the provisions or requirements of an overlay district and those of any underlying zoning district or ordinance, the more restrictive provisions or requirements shall apply.

(Ord. of 6-26-2000, § 20-155(c); Ord. of 2-26-2001, § 20-155(c); Ord. of 6-11-2001, § 20-155(c))

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

(Ord. of 6-26-2000, § 20-155(d); Ord. of 2-26-2001, § 20-155(d); Ord. of 6-11-2001, § 20-155(d))

A supporting document to the zoning map shall be maintained detailing all overlays and their provisions.

(Ord. of 6-26-2000, § 20-155(e); Ord. of 2-26-2001, § 20-155(e); Ord. of 6-11-2001, § 20-155(e))

The establishment of zoning district overlays and the granting or denial of zoning, building or other use permits by the town shall not enhance, restrict or impair the rights of landowners to enforce the restrictive covenants created by deed or certificate of record in the circuit court clerk's office.

(Ord. of 6-26-2000, § 20-155(f); Ord. of 2-26-2001, § 20-155(f); Ord. of 6-11-2001, § 20-155(f))

Provisions of the restrictive covenants that are no longer reasonably applicable, as determined by the zoning administrator or the agent of the town, may not be enforced by the town.

(Ord. of 6-26-2000, § 20-155(g); Ord. of 2-26-2001, § 20-155(g); Ord. of 6-11-2001, § 20-155(g))

The purpose of the mountain ridge overlay district is to regulate the development of property located above 3,000 feet in the Town of Bluefield as provided in Code of Virginia, § 15.2-2295.1, regulation of mountain ridge construction.

The mountain ridge overlay district shall require the following:

(1)

A conditional use permit must be obtained for tall structures 3,000 feet above sea level.

(2)

Plans must be submitted to the Town of Bluefield and Virginia Health Department regarding the placement of any septic tanks, wells, and springs within the town limits.

(3)

A detailed plan must be submitted to the zoning and building office, Town of Bluefield Fire Department and State Fire Marshal's Office regarding measures that will be in place to prevent, contain, and control a fire in the new building or structure and surrounding area. The plan must show that there is an adequate supply of water to contain and prevent the spread of fire.

(4)

Erosion and sediment control plans must be submitted regarding the proposed development and a detailed study showing that stormwater runoff will not be increased and downstream property will not be adversely affected by stormwater runoff from the development. The proposed development must abide by all state and town regulations regarding erosion and sediment and stormwater management.

(5)

As a condition of granting a conditional use permit, a bond shall be required in an amount equal to the reasonably estimated cost of removal of any and all tall structures at the end of their useful life. The amount of such bond shall be reviewed every five years after its inception and adjusted as necessary to cover any changes in such "reasonably estimated cost of removal."

(6)

All requirements of the zoning district in which the property is located shall be complied with.

(Ord. of 6-22-2009)

Crest means the uppermost line of a mountain or chain of mountains from which the land falls away on at least two sides to a lower elevation or elevations.

Ridge means the elongated crest or series of crests at the apex or uppermost point of intersection between two opposite slopes or sides of a mountain and includes all land within 100 feet below the elevation of any portion of such line or surface along the crest.

Tall buildings means any building or structure exceeding a height of 100 feet.

Public building or semi-public building means a building used or operated by a unit of government to serve public needs, such as police (with or without jail), fire service, ambulance, courts or government offices.

(Ord. of 3-23-2009)

Editor's note— Ord. of 3-23-2009 was not specifically amendatory. Inclusion as § 74-899 was at the discretion of the editor.

The minimum setback requirements as set forth in this chapter for residential districts may be modified for existing lots that are nonconforming in the required minimum lot size and/or frontage regulations. This modification may only be used for a new single-family residential structures or unless a conditional use permit is obtained.

(Ord. of 6-26-2000, § 20-160(a); Ord. of 5-29-2001, § 20-160(a); Ord. of 9-24-2013)

The setback modification shall be based on existing single-family residential structures with similar lot sizes and shape in the immediate neighborhood. The zoning administrator shall determine the extent of the immediate neighborhood for this calculation. The average lot sizes and setbacks for the lots identified by the zoning administrator will be determined. Based on these figures, the zoning administrator may apply an appropriate setback modification to the subject lot that coincides with the surrounding neighborhood.

(Ord. of 6-26-2000, § 20-160(b); Ord. of 5-29-2001, § 20-160(b))

The applicant for a setback modification shall provide all information requested by the zoning administrator to administer this division.

(Ord. of 6-26-2000, § 20-160(c); Ord. of 5-29-2001, § 20-160(c))

All adjoining landowners shall be notified of the intent of the applicant for a setback modification to construct a single-family residential structure and will be provided copies of the application and supporting documents. This notification shall also include the dates and times that the planning commission and town council will meet to approve the application. Should the applicant not wish to proceed with approval, then the notification will not be required.

(Ord. of 6-26-2000, § 20-160(d); Ord. of 5-29-2001, § 20-160(d))

The planning commission will review the application and supporting documentation to determine that the setback modification will be appropriate for the neighborhood. The planning commission will make a written recommendation to the town council approving, conditionally approving or disapproving the setback modification.

(Ord. of 6-26-2000, § 20-160(e); Ord. of 5-29-2001, § 20-160(e))

The town council may approve, conditionally approve or disapprove the setback modification. After approval by the town council, the setback modification and supporting documentation shall be placed on record with the zoning administrator.

(Ord. of 6-26-2000, § 20-160(f); Ord. of 5-29-2001, § 20-160(f))

An approved setback modification shall expire within one year after approval by the town council.

(Ord. of 6-26-2000, § 20-160(g); Ord. of 5-29-2001, § 20-160(g))

The purpose of this division is to establish general guidelines that:

(1)

Ensure that large retail building developments are compatible with their surroundings and contribute to the character of the town.

(2)

Ensure a pedestrian scale to these developments.

(3)

Aid in the dividing of spaces in former big-boxes that have a greater pedestrian orientation than warehouse-type construction.

(4)

Provide greater potential for the reuse of abandoned big-box retail sites in the future.

(Ord. of 6-26-2000, § 20-165(a); Ord. of 7-23-2001, § 26-165(a))

The guidelines as described in the Municipal and Development Guidance Manual are applicable for big-box retail uses larger than 60,000 square feet in size and all developments within the SC-1 and SC-OP districts. These guidelines may be applicable for other large commercial type developments upon recommendation of the zoning administrator or as identified by a zoning district overlay. These guidelines are to be interpreted with some flexibility in their application to specific projects in order to encourage a high level of design quality. Flexibility is necessary to encourage creativity on the part of designers and developers. These guidelines are intended as a tool for the professional designer, developer, town staff, planning commission, and the town council.

(Ord. of 6-26-2000, § 20-165(b); Ord. of 7-23-2001, § 26-165(b))

The planning commission and town council are the arbiters of the guidelines in this division in their review and approval of final development plans. The town council, upon recommendation of the planning commission, may grant waivers from the individual guidelines in this division. Unless there is a compelling reason, it is intended that the guidelines in this division will be followed.

(Ord. of 6-26-2000, § 20-165(c); Ord. of 7-23-2001, § 26-165(c))

Upon expansion, remodeling and/or redevelopment of existing big-boxes and/or developments, they will be required to improve their design and meet more of the guidelines than they do at present as determined by the town or its agent.

(Ord. of 6-26-2000, § 20-165(d); Ord. of 7-23-2001, § 26-165(d))

(a)

Application. The owner or lessee of any tract of land shall, prior to any development, submit to town staff and the planning commission for study and recommendation a preliminary design guideline plan for the use and development of any tract for the purposes set forth in this section.

(b)

Review. Town staff and the planning commission will review the plan and may make reasonable additional requirements concerning these design guidelines.

(c)

Commission recommendation. The planning commission shall make a written recommendation to the town council approving, conditionally approving or disapproving the plan.

(d)

Council review. The town council may review the plans and make comments upon completion of planning commission review.

(Ord. of 6-26-2000, § 20-165(e); Ord. of 7-23-2001, § 26-165(e))

(a)

Submittal. A final design guideline plan embodying all additional requirements imposed by the town, if any, shall be prepared and submitted by the applicant to town staff and the planning commission.

(b)

Review. Staff and the planning commission shall review the plan.

(c)

Commission recommendation. The planning commission shall make a written recommendation to the town council approving, conditionally approving or disapproving the plan.

(d)

Council approval. The town council shall review the plans upon receipt of the planning commission recommendation. After approval by the town council, the plan shall be placed on record with the zoning administrator.

(e)

Expiration. An approved design guideline plan shall expire three years after approval by the town council, unless an extension of time is specifically allowed by the town council.

(Ord. of 6-26-2000, § 20-165(f); Ord. of 7-23-2001, § 26-165(f))

(a)

Earth station antennae or satellite dish antennae shall be considered as accessory structures when installed in residential districts zoned R1-A, R-2, R-3, R-4 and MHS and shall conform to the following installation requirements:

(1)

Be located in the rear or side yard.

(2)

Be located at least five feet from the lot line at the closest point of the structure.

(3)

Be painted with a nonglare paint.

(4)

Be limited in height to the height of the house.

(b)

A zoning permit must be obtained prior to installation.

(Ord. of 6-26-2000, § 20-115(a))

Installation requirements for earth station antennae or satellite dish antennae in districts other than those set out in section 74-981 shall be designated by the planning commission upon application for installation and will require a zoning permit.

(Ord. of 6-26-2000, § 20-115(b))

Earth station antennae or satellite dish antennae that are 24 inches or less in diameter shall be exempt from this division in all districts.

(Ord. of 6-26-2000, § 20-115(c))

Home occupations shall be permitted in districts R-1A, R-1, R-2, R-3, R-4 and B-1, provided the home occupation is clearly and obviously subordinate to the main use or dwelling unit for residential purposes. Home occupations shall be conducted wholly within the primary structure on the premises. Home occupations shall be approved by the planning commission.

(Ord. of 6-26-2000, § 20-120(intro.); Ord. of 10-10-2011(9))

A home occupation shall be clearly incidental to the use of the dwelling and shall not be the essential residential character of the dwelling.

(Ord. of 6-26-2000, § 20-120(a))

No accessory buildings or outside storage shall be used in connection with the home occupation.

(Ord. of 6-26-2000, § 20-120(b))

No machinery that causes noises or other interference shall be permitted.

(Ord. of 6-26-2000, § 20-120(c))

No internal or external alterations inconsistent with the residential use of the building shall be permitted.

(Ord. of 6-26-2000, § 20-120(d))

Only residents of the dwelling may be engaged in the home occupation, except as determined by the planning commission.

(Ord. of 6-26-2000, § 20-120(e); Ord. of 10-10-2011(9))

No display of products shall be visible from the street, and the selling of merchandise or the manufacture of merchandise for sale cannot be the primary function of the home occupation.

(Ord. of 6-26-2000, § 20-120(f))

No display of signs advertising the home occupation shall be permitted.

(Ord. of 6-26-2000, § 20-120(g))

Computer/electronic-based home occupations, based solely on telephonic, fax, computer or other communications systems are allowed so long as there is no manufacture, fabrications, or display of any product and no direct customer sales or service in the residence.

(Ord. of 6-26-2000, § 20-120(h))

A bed and breakfast inn may be established in areas zoned R-1 and R-2, provided that a special use permit is obtained from the town council, upon recommendation from the planning commission, and subject to the provisions of this division.

(Ord. of 6-26-2000, § 20-125(intro.))

Prior to the issuance of any special use permit by the town council, upon recommendation of the planning commission, both the town council and planning commission shall hold a public hearing relating to the proposed use of any property as a bed and breakfast inn. Any such special use permit, once granted, shall be renewable annually upon the approval of and at the sole discretion of the zoning administrator.

(Ord. of 6-26-2000, § 20-125(a))

Any premises to be used as a bed and breakfast inn shall be a single-family residence with not more than one kitchen facility. A bed and breakfast inn shall be the primary residence of the owner and operator of the establishment.

(Ord. of 6-26-2000, § 20-125(b))

The bed and breakfast inn premises shall have not less than 2,000 square feet of living space, exclusive of any basement or attic space. Not more than one guestroom shall be permitted in a qualifying premises, except one additional guestroom shall be permitted for each additional 250 square feet of living area floor space in a qualified premises in excess of 2,000 square feet, up to a maximum of four guestrooms per premises.

(Ord. of 6-26-2000, § 20-125(c))

One off-street parking space shall be provided for each guestroom on the premises of a bed and breakfast inn.

(Ord. of 6-26-2000, § 20-125(d))

The bed and breakfast inn shall be equipped with one or more private bath facilities for guestrooms, separate and apart from the private bath facilities for the owners of the premises.

(Ord. of 6-26-2000, § 20-125(e))

Each guestroom in a bed and breakfast inn shall be equipped with a functioning smoke detector alarm, and each guestroom shall have a second means of egress from the building for emergency escape.

(Ord. of 6-26-2000, § 20-125(f))

Guests of a bed and breakfast inn may stay no more than 15 consecutive days, except that this section shall not apply to immediate relatives of the owners of the premises.

(Ord. of 6-26-2000, § 20-125(g))

A bed and breakfast inn shall offer breakfast, prepared on the premises, to its guest. Such meals shall be served only to registered guests of the bed and breakfast inn.

(Ord. of 6-26-2000, § 20-125(h))

No alcoholic beverages may be served at any bed and breakfast inn.

(Ord. of 6-26-2000, § 20-125(i))

(a)

No adult oriented business shall be permitted within 1,000 feet of any other adult oriented business in any zoning district.

(b)

No adult oriented business use shall be permitted within 1,500 feet of any residential district, church, playground, playfield, public library, or day care facility.

(c)

Measurements will taken from the property line.

(d)

No adult oriented business shall display adult media, depict sexually oriented goods, or any specified anatomical areas that are visible from the street, highway, public sidewalk, or property of others in the window.

(e)

Adult oriented business shall only be permitted in the B-2, SC-OP, and SC-1.

(f)

The following uses are exempt under AOB restrictions:

(1)

Museums and/or art centers.

(2)

Nonadult oriented theaters.

(3)

Schools of art and/or art educational classes.

(Ord. of 2-25-2008(1))

Mobile food establishment, when used in this division, means any movable wheeled cart, trailer, or vehicle designed and equipped for the preparing, serving, and selling of food and operated at temporary locations. This definition shall include, but not be limited to, food trucks, food trailers, and food carts.

Private event, when used in this division, means any event on behalf of or sponsored by a nonprofit or charitable entity, agency, institution, or organization within the corporate limits of the Town of Bluefield.

Public activity, when used in this division, means any activity on behalf of or sponsored by a governmental entity, governmental agency, or governmental institution within the corporate limits of the Town of Bluefield.

Public right-of-way, when used in this division, means, but is not be limited to, the surface of any public street, public sidewalk, public parking lot, public road, public lane, public boulevard, or public alley maintained by the Town of Bluefield.

(Ord. of 7-14-2018)

Mobile food establishments shall only be permitted to operate in nonresidential zoning districts.

With the written approval of the town manager and zoning administrator of the Town of Bluefield, a mobile food establishment may be permitted to operate in a residential zoning district so long as such operation is connected to a public activity or private event.

(Ord. of 7-14-2018)

Mobile food establishments operated within the corporate limits of the Town of Bluefield shall be subject to the provisions of the tax on meals imposed under article VIII of chapter 50 of the Code of Ordinances, Town of Bluefield, Virginia.

(Ord. of 7-14-2018)

Mobile food establishments operated within the corporate limits of the Town of Bluefield shall be subject to the provisions of the license tax imposed under article III of chapter 50 of the Code of Ordinances, Town of Bluefield, Virginia.

(Ord. of 7-14-2018)

Prior to the operation of a mobile food establishment within the corporate limits of the Town of Bluefield, the owner of such mobile food establishment shall apply to the zoning administrator of the Town of Bluefield to obtain a mobile food establishment permit. Such permit shall be valid for a period of one year from its date of issue, and shall only be issued upon the applicant's completion and proof of the following:

(1)

The payment of a $25.00 permit fee to the Town of Bluefield; and

(2)

Possession of all valid health permits required by the Virginia Department of Health.

Upon expiration of a mobile food establishment permit, the owner of such mobile food establishment shall reapply to the zoning administrator of the Town of Bluefield to obtain a new mobile food establishment permit if such mobile food establishment will continue to be operated within the corporate limits of the Town of Bluefield.

The zoning administrator, with the written approval of the town manager, may waive an applicant's permit fee once for good cause. Good cause being defined herein as a circumstance where a restaurant or mobile food establishment has regularly and lawfully operated within the corporate limits of the Town of Bluefield for at least six months preceding July 1, 2018.

(Ord. of 7-14-2018)

All mobile food establishments operated within the corporate limits of the Town of Bluefield shall adhere to the following:

(1)

With the exception of public activities and private events, a mobile food establishment shall not be operated on any public right-of-way;

(2)

A mobile food establishment shall not, at any time:

a.

Block main entry drive aisles or affect pedestrian or vehicular circulation overall;

b.

Block access to loading areas;

c.

Block emergency access or fire lanes;

d.

Block access to any public right-of-way;

e.

Block access to any handicapped parking space; or

f.

Obstruct the view of any intersection of public rights-of-way;

(3)

A mobile food establishment, at all times, shall be positioned at least 25 feet away from all fire hydrants and fire department connections;

(4)

All signs associated with a mobile food establishment shall either be (i) permanently affixed to such mobile food establishment or (ii) placed within five feet of such mobile food establishment;

(5)

Trash receptacles shall be provided by the owner or individual operating a mobile food establishment, and all trash, refuse, or recyclables generated thereby shall be properly disposed of in a lawful manner;

(6)

The owner or individual operating a mobile food establishment shall ensure the 30-foot radius surrounding such mobile food establishment is kept clean and free of all litter and debris; and

(7)

No liquid waste shall be discharged from the premises of a mobile food establishment.

(Ord. of 7-14-2018)

A mobile food establishment may be operated at any public activity within the corporate limits of the Town of Bluefield so long as the owner of such mobile food establishment has received written permission from the coordinator of such public activity. The owner or individual operating such mobile food establishment shall ensure strict adherence to any requirements provided by the coordinator of such public activity.

A mobile food establishment may be operated at any private event within the corporate limits of the Town of Bluefield so long as the owner of such mobile food establishment has received written permission from the coordinator of such private event. The owner or individual operating such mobile food establishment shall ensure strict adherence to any requirements provided by the coordinator of such private event.

A mobile food establishment permit shall not be required in the event a mobile food establishment is only operated at private events and/or public activities within the corporate limits of the Town of Bluefield.

(Ord. of 7-14-2018)

A permit issued pursuant to this division may be revoked by the zoning administrator of the Town of Bluefield in the event the owner of a mobile food establishment fails to ensure strict adherence to the applicable requirements of this division. Notice of such revocation shall be made in writing by the zoning administrator of the Town of Bluefield by (i) certified mail to the last known address of the owner of the mobile food establishment and (ii) personal service upon the individual operating such mobile food establishment.

The owner of a mobile food establishment may appeal such revocation to the board of zoning appeals within ten days of the date such notice is served or received, whichever is later.

Failure to note an appeal with the zoning administrator of the Town of Bluefield within the stated time frame shall constitute a waiver to such right of appeal.

The zoning administrator of the Town of Bluefield may grant the owner or individual operating a mobile food establishment a period of three days to comply with any violation under this division prior to revoking a mobile food establishment permit.

(Ord. of 7-14-2018)

In the event a mobile food establishment is operated within the corporate limits of the Town of Bluefield in violation of this division, then the owner or individual operating such mobile food establishment shall be subject to a civil penalty of $50.00 for a first offense and $200.00 for a subsequent offense occurring within a period of two years from the date of a first offense.

Each day a violation of this division continues shall constitute a separate and distinct offense.

The zoning administrator of the Town of Bluefield may grant the owner or individual operating a mobile food establishment a period of three days to comply with any violation under this division prior to assessing a civil penalty.

(Ord. of 7-14-2018)

The following regulations shall apply to all short-term rentals of single-family dwellings, mobile homes or portions of owner occupied single-family dwellings for any period less than 30 days. Such short-term rentals in compliance with this division shall be a permitted use in any zoning district that permits single-family dwellings, or mobile homes where applicable.

(1)

There shall be no change in the outside appearance of the dwelling unit or premises or other visible evidence of the conduct of such short-term rentals and the type of unit to be rented must also be a legal (permitted use, approved conditional use, or existing non-conforming use) use in the district within which it is located.

(2)

The applicant shall furnish evidence of an approved septic system or connection to a public sewer system and approved well or public water supply and compliance with other applicable regulations of the Virginia Department of Health (VDH), prior to the issuance of a permit. Occupancy of properties using an approved septic system may not exceed the occupancy limit set forth on the septic permit issued by VDH. All other applicable requirements of the Virginia Department of Health shall also be met.

(3)

This division shall only permit the rental of a single-family dwelling in its entirety, a mobile home in its entirety, or no more than two guest rooms in an owner-occupied single-family dwelling provided that both rooms are rented to a single group.

(4)

The applicant shall demonstrate/verify that adequate parking is available on-site to accommodate the maximum number of occupants who will reside in the premises. This will include spaces for vehicles, trucks, and the like thereof.

(5)

Requirements for short-term rentals:

a.

There shall be a working, two-pound minimum, ABC rated fire extinguisher located in a visible and readily accessible area (ie. kitchen or hallway) within the rented premises.

b.

There shall be a working carbon monoxide detector within the rented premises. Smoke detectors shall also be present in each sleeping room, in each area immediately outside of a sleeping room, and on each floor of the structure.

c.

Outdoor camping or occupancy of recreational vehicles is not permitted in connection with short term rentals.

(6)

The town may inspect any dwelling used for short-term rental purposes to ensure compliance with this division and the owner of such dwelling consents to such inspections as a condition of the issuance of a permit.

(7)

The Town of Bluefield does not enforce restrictive covenants. The applicant is responsible for confirming that the use of short-term rental is permitted by any related restrictive covenants.

(8)

The owner of a property offered for short-term rental must register with the zoning department to obtain a $50.00 zoning permit. Once the zoning permit is obtained the owner of such property must register with the treasurer to collect and pay to the treasurer all applicable transient occupancy taxes as a condition of any permit issued by the town.

(Ord. of 5-24-2022(1))

Failure of the property owner to comply with the provisions of this division or failure to comply with applicable building code or VDH requirements shall be cause for the revocation of the permit. Prior to revocation the owner shall be given a notice of violation and shall have 30 days to abate the violation. Three violations in any calendar year may result in the revocation of the permit regardless of subsequent compliance.

(Ord. of 5-24-2022(1))