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Bowling Green City Zoning Code

ARTICLE 10

30 Special Provisions

10.30.010 Zoning Permits

  1. Buildings or structures shall be started, reconstructed, enlarged or altered only after a zoning permit has been obtained from the Administrator.
  2. The Commission may request a review of the zoning permit approved by the Administrator in order to determine if the contemplated use is in accordance with the district in which the construction lies.
  3. Each application for a zoning permit shall be accompanied by the appropriate fee, as set forth in Section 10.40.020, and two copies of a scale drawing. The drawing shall show the size and shape of the parcel of land on which the proposed building is to be constructed, the nature of the proposed use of the building or land and the location of such building or use with respect to the property lines of said parcel of land and to the right-of-way of any street or highway adjoining said parcel of land. Any other information which the Administrator may deem necessary for consideration of the application may be required. If the proposed building or use is in conformity with the provisions of this article, a permit shall be issued to the applicant by the Administrator. One copy of the drawing shall be returned to the applicant with the permit.
  4. Where permits have been issued prior to the adoption of this article, any change may be made in the plans, size of structure, or designated use of a building, if mutually agreed upon by the Zoning Administrator and the permit holder.

10.30.020 Certificate Of Zoning Compliance

Land may be used or occupied and buildings structurally altered or erected may be used or changed in use only after a certificate of zoning compliance has been issued by the Administrator. Such a permit shall state that the building or the proposed use, or the use of the land, complies with the provisions of this article. Activation of Town water and sewers shall be withheld until compliance is assured. A similar certificate shall be issued for the purpose of maintaining, renewing, changing or extending a nonconforming use. A certificate of zoning compliance, either for the whole or a part of a building, shall be applied for simultaneously with the application for a zoning permit. The zoning compliance certificate shall be issued within 10 days after the erection or structural alteration of such building or part has conformed to the provisions of this article.

10.30.030 Conditional Zoning

  1. The purpose of conditional zoning is to provide a more flexible and adaptable zoning method in instances where competing and incompatible uses conflict and traditional zoning methods and procedures are inadequate. Through conditional zoning, a zoning reclassification may be allowed, subject to certain conditions that are voluntarily proffered by the zoning applicant. Such conditions are for the protection of the Town and are not generally applicable to land similarly zoned.
  2. The owner of property subject to a rezoning request may, at the time of filing a rezoning application and prior to a public hearing before the Bowling Green Town Council, submit with the request conditional zoning proffers as deemed appropriate. The Town Council, with the recommendations of the Bowling Green Planning Commission, may approve these reasonable conditions, provided that the following criteria are met:
    1. The rezoning itself must give rise for the need for the conditions.
    2. All conditions shall have a reasonable relation to the rezoning.
    3. No conditions shall include a cash contribution to the Town.
    4. No conditions shall require mandatory dedication of real or personal property for open space, parks, schools, fire departments or other public facilities not otherwise authorized by law.
    5. No conditions shall include payment for or construction of off-site improvements except those authorized by law.
    6. No condition shall be proffered that is not related to the physical operation of the property.
    7. All conditions shall be in conformity with the Bowling Green Comprehensive Plan.
    8. The provisions of conditional zoning shall not be used for the purpose of discrimination in housing.
  3. Compliance with approved conditional zoning shall be vested with the Administrator who shall administer and enforce conditions attached to a rezoning or amendment to a Zoning Map, including;
    1. Ordering, in writing, compliance with such conditions.
    2. The bringing of legal action to ensure compliance.
    3. Requiring a guaranty or contract for the construction of physical improvements required by the conditions.
    4. Denying issuance of certificates of zoning compliance as well as use, occupancy or building permits when failure to meet all conditions occurs.
  4. Records of conditional zoning shall be maintained as follows:
    1. The Zoning Map shall show by an appropriate symbol the existence of conditions attached to the zoning on the map.
    2. The Administrator shall keep in the zoning office for public inspection a conditional zoning index. The index shall provide ready access to the ordinance creating such conditions, in addition to the regulations provided for in a particular zoning district or zone.
  5. Any person aggrieved by the Administrator's decision or actions under subsection (c) may petition the governing body for the review of such decision.
  6. No amendment or variation of conditions under subsection (b) shall be made until after a public hearing is held before the Bowling Green Town Council in accordance with § 15.2-2204, Code of Virginia 1950, as amended.

10.30.040 Special Use Permit

  1. Where designated by this article, the location of certain uses shall require the prior approval of the Bowling Green Town Council following a recommendation from the Planning Commission. In addition to a zoning permit, such uses shall require a special use permit.
    1. The Bowling Green Town Council must find that the use will not be detrimental to the character and development of adjacent properties and will be consistent with the purpose and intent of the provision of the Code of the Town of Bowling Green and the Bowling Green Comprehensive Plan.
    2. The Bowling Green Town Council shall designate conditions and restrictions in the granting of special use permits to assure the use will be compatible with the neighborhood in which it is to be located and will meet the general standards contained herein; or where that cannot be accomplished, to deny the use as not in accordance with adopted plans and policies or as being incompatible with existing uses or development by right in the area.
    3. The burden of proof lies with the applicant to demonstrate that the proposed special use is consistent with the purpose and intent of the applicable zoning district and satisfies the general standards and any additional specific conditions which may be applicable.
  2. All special use permits shall satisfy the following general standards:
    1. The use shall be in accordance with the purposes of the zoning regulations contained in the Code of the Town of Bowling Green and the Bowling Green Comprehensive Plan.
    2. The use shall not adversely affect the character and established pattern of development of the area in which it wishes to locate, shall be in harmony with the uses permitted by right under a zoning permit in the zoning district, and shall not adversely affect the use of neighboring properties.
    3. The use shall not adversely affect the health or safety or welfare or injurious to property and improvements in the neighborhood or adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use.
    4. The use shall be such that air quality, surface and groundwater quality and quantity, are not degraded or depleted to an extent that would hinder or discourage the appropriate development and/or use of adjacent or nearby land and/or building(s) or impair the value thereof. Adequate utilities, drainage, parking, loading and other necessary facilities to serve the proposed use shall be provided.
    5. The use shall be such that pedestrian and vehicular traffic generated will not be hazardous or conflict with the existing and anticipated traffic in the neighborhood and on roads serving the site.
  3. The fee for a special use permit shall be as set forth in Section 10.40.020 of this article.

10.30.050 Special Use Permits; Additional Standards And Requirements

  1. Home occupation permit.
    1. In addition to a business license as set forth in Article 3.14, a home occupation must obtain a home occupation permit before operations may begin. These permits shall list any and all of the conditions as the Town Council deems necessary to execute the intent of this article. The fee for a home occupation permit shall be as set forth in Section 10.40.020 of this article.
  2. Bed and Breakfast Establishments.
    1. Off-street parking for the use shall be in accordance with the Code of the Town of Bowling Green, shall not be located in any required front yard, and shall be effectively screened.
    2. The building(s) so used shall maintain the character and appearance specified by the zoning requirements of the parcel.
  3. Special Events Facility.
    1. A Special Events Notification Form shall be submitted for each event involving 50 or more invited guests to serve as notification to the Town of Bowling Green as to the type, size, noise signature, and duration of the event.
    2. The Special Events Facility must be located on a minimum of a two (2) acre site.
    3. All applicable licenses shall be obtained and publicly displayed onsite for activities conducted on the site.
    4. Capacity of the Special Events Facility shall meet all Building and Fire Code requirements.
    5. Temporary event structures shall comply with Town and County Code requirements.
    6. An off-street parking area shall be provided to accommodate vehicular parking for all invited guests.
    7. The special events facility shall operate so as to limit the impact on any adjoining residential and commercial properties.
    8. The building(s) so used shall maintain the character and appearance specified by the zoning requirements of the parcel.
  4. Minor Event Facility
    1. A Minor Event Facility shall be defined as a location which is being offered for hire to anyone for use to conduct any type of private event not open to the public at which no more than forty (40) people will be in attendance. Capacity of the facility shall not exceed Building and Fire Code Requirements.
    2. No event conducted at a Minor Event Facility shall be open to the public. Such events are specifically for invited guests only.
    3. All applicable licenses shall be obtained and publicly displayed onsite for activities conducted on the site.
    4. In order to provide the Town Council and Planning Commission with adequate information to evaluate each proposal, and to indicate that the proposed Minor Event Facility will have minimal impact on any adjoining residential property, there shall be submitted with each application, at a minimum, information concerning hours of operation, character and duration of typical events, parking requirements for the facility, frequency of potential events, adequacy of proposed restroom facilities, how trash will be stored and collected, and such other information as the Council and Planning Commission may deem necessary for appropriate review of each application.
    5. Special Use Permits issued for Minor Event Facilities shall meet all requirements of Town Code Section 10.30.040.
    6. A Generalized Development Plan shall be required showing existing and proposed physical facilities and structures on the property and associated properties in sufficient detail to show how requirements of the Zoning Ordinance will be met. As part of the Generalized Development Plan, the applicant shall present a parking layout and plan that shows that the needs of the Event Facility will be met without adversely affecting the surrounding residential area.
    7. On the one year anniversary of the issuances of the original special use permit the Town Council shall review the permit for modification, continuance or termination.
HISTORY
Amended by Ord. O-2018-002 on 3/1/2018

10.30.060 Uses Not Provided For

If, in any district established under this article, a use is not specifically permitted and an application is made by a property owner to the Administrator for such use, the Administrator shall refer the application to the Planning Commission, which shall make its recommendations to the Town Council within 30 days. If the Town Council approves, this article shall be amended to list the use as a permitted use or special use in that district, as the case may be. Both the Planning Commission and Town Council shall hold public hearings in connection with such application in accordance with Section 3-183 of this Code. The fee for this procedure shall be that set forth in Section 10.40.020 for amendments (uses not stated).

10.30.070 Widening Of Streets And Highways

Whenever there shall be plans in existence, approved by either the Virginia Department of Transportation or by the governing body, for the widening of any street or highway within Bowling Green, the Commission may recommend additional front yard setbacks for any new construction or for any structures altered or remodeled adjacent to the future planned right-of-way for such proposed street or highway widening.

10.30.080 Off-Street Parking

  1. Except as herein provided, there shall be provided at the time of erection of any main building or use or at the time any main building or use is enlarged, minimum off-street parking space with adequate provision for entrance and exit by standard-sized automobiles. An area nine feet by 18 feet shall be deemed parking space for one vehicle. All parking spaces and access driveways shall be covered with an all-weather surface and shall be graded and drained to dispose of surface water. However, no surface water from any parking area shall be permitted to drain onto adjoining property.
    1. Parking spaces shall be provided as follows:
      1. In all residential districts, there shall be provided, either in a private garage or on the lot, space for the parking of one automobile for each dwelling unit added in the case of the enlargement of an existing building.
      2. Bed and Breakfast Establishments shall provide a parking space on the lot for each accommodation for vehicular parking in addition to parking spaces required by the owner(s) and/or caretaker(s).
      3. For church, high school, college and university auditoriums and for theaters, general auditoriums, stadiums and other similar places of assembly, at least one parking space for every five fixed seats provided in said building.
      4. For hospitals, at least one parking space for each two beds' capacity, including infants' cribs and children's bed.
      5. For medical and dental clinics, at least 10 parking spaces. Three additional parking spaces shall be furnished for each doctor or dentist having offices in such clinic in excess of three doctors or dentists.
      6. For tourist courts and motels, at least one parking space for each individual sleeping or living unit; for hotels and apartment hotels, at least one parking space for each two sleeping rooms, up to and including the first 20 sleeping rooms, and one parking space for each three sleeping rooms over 20.
      7. For mortuaries and liquor stores, at least 30 parking spaces.
      8. For retail stores selling directly to the public, one parking space for each 200 square feet of retail floor space in the building.
      9. Any other commercial building hereafter erected, converted or structurally altered shall provide one parking space for each 200 square feet of business floor space in the building. Any establishment hereafter erected that serves meals, lunches or drinks to patrons, either in their cars or in the building, shall provide one parking space for each 200 square feet of business floor space in the buildings, provided that there shall be at least one parking space for each serving unit. In restaurants, a serving unit shall be two stools, one booth or one table. For dance halls and recreational areas, one parking space for each 200 square feet of floor area. Two or more establishments may provide necessary parking spaces on a single parcel of land.
    2. Parking space as required in the foregoing shall be on the same lot with the main building, except that, in the case of buildings other than dwellings, spaces may be located as far away as 600 feet.
    3. County and municipal parking areas. Every parcel of land hereafter used as a public parking area shall be surfaced with gravel, asphalt or concrete. It shall have appropriate bumper guards where needed as determined by the Administrator. Any lights used to illuminate said parking areas shall be so arranged as to reflect the light away from adjoining premises in any residential district.
    4. Required parking spaces shall be maintained in connection with the buildings which they are to serve and in the manner indicated by the minimum requirements of off-street parking and space regulations. Substitution of equivalent spaces in conformity with the off-street parking regulations may be allowed by the Board of Zoning Appeals.
    5. Space shall be provided for the loading and unloading of trucks and commercial vehicles serving commercial buildings.
    6. Unless separated from a public highway by a substantial fence or barrier at least 36 inches in height or with substantial landscaping approved by the Planning Commission, off-street parking spaces shall be located at a distance not less than 15 feet from any public highway right-of-way.
    7. Businesses with buildings or uses adjacent to or near on-street parking may use such parking to meet the requirements for parking spaces, provided that it can be shown that adequate parking exists to accommodate the business or use taking into account other nearby businesses or uses.

10.30.090 Restrictions Adjacent To Airports

  1. Establishment of approach zones. The Commission shall determine whether there exist within the Town of Bowling Green any areas which would be involved under the Civil Aeronautics Administration's Criteria for Determining Obstruction to Air Navigation. If there are, they shall be marked on a copy of a Zoning Map in the office of the Administrator. It shall be available to the public for examination.
  2. The Administrator shall prepare such height and other regulations governing the construction of buildings within such areas. They are to be consistent with the Civil Aeronautics Administration's recommendations. Following approval by the governing body, the Administrator shall enforce these regulations.
  3. Places of public assembly, such as schools, hospitals, apartment houses, theaters and assembly halls, shall not be erected or otherwise located in any area which would be classified as an "approach zone." This zone includes an area of 11,000 feet from the end of any runway.

10.30.100 Annexed Area

Any area annexed by the Town of Bowling Green after the effective date of this article shall immediately upon the effective date of such annexation be automatically classified at an R-1 District until a zoning plan for said area has been adopted by the Town Council. The Planning Commission shall prepare and present a zoning plan of the annexed area, within six months, to the Town Council.

10.30.110 Public Hearings

  1. No amendment may be made to this article, including amendments to the Zoning Map by the rezoning of any parcel or parcels of land, and no amendment shall be made to the Comprehensive Plan unless and until public hearings on the proposed amendment are held by the Planning Commission and the Town Council following notice as required by § 15.2-2204 of the Code of Virginia 1950, as amended. The Planning Commission and Town Council may hold a combined public hearing on any such proposed amendment.
  2. No application for a special use permit or changes in conditions on property conditionally zoned shall be granted by the Town Council unless and until the Town Council shall first hold a public hearing on such application following notice as required by § 15.2-2204 of said Code of Virginia. The Planning Commission may make recommendations on such applications and may appear as a party at any public hearing thereon but shall not conduct its own public hearing.
  3. No variance shall be granted or appeal decided by the Board of Zoning Appeals unless and until the Board of Zoning Appeals shall first hold a public hearing thereon following notice as required by § 15.2-2204 of said Code of Virginia. The Planning Commission may make recommendations and appear as a party at any public hearing thereon but shall not conduct its own public hearing.

10.30.120 Fences

  1. Purpose. The purpose of this ordinance is to regulate the height, location, construction and maintenance of fences in the town. This ordinance is intended to protect the safety of the public, promote the aesthetic quality of the town, and preserve property values.
  2. Definitions. For the purposes of this ordinance, the following terms shall have the following meanings:
    1. "Fence" means an enclosed barrier consisting of vegetation, wood, stone, or metal intended to prevent ingress or egress. For purposes of this section, the term "fence" shall include plantings, such as hedges and shrubbery. No fence shall be constructed of unsightly or dangerous materials which would constitute a nuisance.
    2. "Sight triangle" means a triangular area of land established at street intersections in which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.
    3. "Intersection" means the area where two or more roads meet or cross, including driveways.
    4. "Hedge" means a row of bushes or small trees planted close together which may form a barrier, enclosure or boundary.
  3. Permits. No person shall construct a fence without first obtaining a permit from the Zoning Administrator. The applicant shall submit design specifications and a plot plan showing the lot with setbacks indicating placement of the fence with dimensions clearly shown on the plan.
  4. Height Restrictions and Setbacks.
    1. The height of a fence shall not exceed the following:
      1. In a front yard, four feet high with a setback of four feet from the edge of the road or sidewalk if present.
      2. In a side yard, four feet high with a setback of four feet from the edge of the road or sidewalk if present. No side yard setback is required if the fence is adjacent to another parcel or attached to a fence on an adjacent parcel.
      3. In a rear yard, eight feet with a setback of four feet from the edge of the road or sidewalk if present. No rear yard setback is required if the fence is adjacent to another parcel or attached to a fence on an adjacent parcel.
    2. Height restrictions do not apply to vegetative growth in side and rear yards.
    3. Upon determination of the Zoning Administrator, B-1, B-2 and M-1 parcels may have an extension to height requirements as defined herein.
    4. Setbacks for parcels located in the B-1 and B-2 districts may be modified upon determination of the Zoning Administrator.
    5. All parts of the fence must be within the owner's property.
  5. Materials.
    1. Fences shall be constructed of materials that are durable and that will not create a hazard to the public. Front yard fences shall be open face and not solid. The following materials are prohibited:
      1. Broken glass, tires, hubcaps, or other automotive parts.
      2. Electric fences.
      3. Barbed, concertina, or razor wire.
      4. Chain link and other wire fencing.
      5. Any other material that could cause injury.
    2. Vegetative growth may be used in the construction of a fence provided all other provisions of this ordinance are followed.
    3. Upon determination of the Zoning Administrator, parcels zoned B-2 or M-1 may have the following apply:
      1. Chain link fencing of a height not more than 8 feet.
      2. Barbed, concertina, razor, or electric wire fencing erected above an 8 foot fence to a total height not more than 12 feet.
  6. Temporary Fencing. Fences erected for the protection of plantings or to warn of a construction hazard or for similar purposes shall clearly be visible or marked with colored streamers or other such warning devices at four-foot intervals.

    Such fences shall comply with the setback requirements set forth in subsection (d).

    Temporary fences shall not remain in place after completion of the construction. Permits are not required for temporary fences.
  7. Sight Triangles. No person shall erect, place, plant, or allow to grow any material in a sight triangle that would limit or obstruct the sight distance of motorists entering or leaving an intersection.

    The sight triangle shall be measured from the edge of pavement at the intersection to a point 10 feet along each curb or edge of pavement.

    The sight triangle shall be clear of all obstructions, including fences, tree branches, shrubs, and other vegetation higher than 3 feet or less than 8 feet.
  8. Maintenance. Fences shall be maintained in a good state of repair and free of debris. Upon the determination of the Zoning Administrator, any fence that is in disrepair or that is a hazard to the public shall be removed by the property owner. If after notice of a violation the property owner has not taken corrective action, the Town may have the fence removed at the owner's expense.
  9. Enforcement. The Town Zoning Administrator shall be responsible for enforcing this ordinance. Any property owner that violates this ordinance shall be subject to penalties as provided by this Chapter and state law.
  10. Applicability. The maintenance provisions of this section shall apply to all fences as defined herein. However, all other provisions of this section shall only apply prospectively to fences constructed or installed after the effective date of the Ordinance adopting this section.
  11. Effect on other Ordinances and Town Code Sections. To the extent that any previously adopted Town Ordinances or Code Sections conflict with the provisions of this section, this section shall control.
HISTORY
Adopted by Ord. O-2024-091 on 9/5/2024

10.30.130 Short-Term Rentals

  1. The following definitions shall apply as used in this section:
    1. "Booking transaction" Any transaction in which there is a charge to a transient by an operator for the occupancy of any dwelling, sleeping, or lodging accommodations.
    2. "Guest or transient" A person who occupies a short-term rental unit.
    3. "Operator" The proprietor of any dwelling, lodging, or sleeping accommodations offered as a short term rental, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, or any other possessory capacity (Virginia Code § 15.2-983).
    4. "Operator designee" A person assigned by the operator to be available 24/7 to answer emergencies associated with the short-term rental. Such designee shall be local, meaning that the designee is able to travel to the short-term rental property in a one (1) hour time frame.
    5. "Short-term rental (STR)" The provision of a room or space not in a hotel, motel, or boarding/ rooming house suitable for or intended for occupancy for dwelling, sleeping, or lodging purposes for a period of fewer than 30 consecutive days, in exchange for a charge of occupancy (Virginia Code § 15.2-983).
    6. "Residential dwelling unit" A residence where one or more persons maintain a household.
    7. "Annual Short-term rental permit" Requires both the zoning permit and business license applications to be completed, issued, and on file with the Town of Bowling Green for the year January 1st through December 31st. Additionally, all associated fees have been paid in full to the Town of Bowling Green.
  2. Short-Term Rental (STR) Permit and Other Requirements.
    1. Notwithstanding other Town code provisions to the contrary, STRs shall be permitted to be operated in existing, legal, residential dwelling units and accessory dwelling units in any zoning district that permits such dwelling units subject to the provisions of this section. No recreational vehicles, buses, tents, trailers, or alternative dwellings such as shipping containers and similar structures shall be used in connection with the operation of a short-term rental.
    2. No person shall operate a short-term rental without having first applied for and obtained a STR permit from the Zoning Administrator and a Business License from the Town Treasurer.
    3. The STR Permit application form shall include the following information:
      1. The name, telephone number, address, and email address of the operator and operator designee, if any. The operator shall notify the Town in writing within 10 days of any change in the STR ownership, operator or operator designee during the annual permit period.
      2. An approved permit from the Virginia Department of Health if the STR is to be served by a septic system and not connected to a public or centralized sewer system.
      3. An owner's affidavit authorizing the permit applicant to operate a STR if the permit applicant is not the property owner.
    4. The STR permit shall be valid from January 1'1 to the following December 31" of each year and shall be renewed annually by January 1 •t of each year. An applicant must pay the permit fee annually, which shall be $50 from the effective date of this ordinance, which is subject to change in accordance with the schedule of fees for zoning permits as adopted annually by Town Council.
    5. The operator shall maintain a record of all rentals, which shall be made available for review by the Town upon request. The refusal to maintain and make available the record upon request shall be considered a violation of the STR Permit. All rental records shall be maintained for one (1) year by the operator.
    6. Signs to identify the STR shall be permitted to be one (1) of the minor signs permitted on the property.
    7. Hosting gatherings (e.g., weddings, receptions, or other special gatherings) which would include a greater number of participants and guests than the permitted maximum occupancy of the STR is not permitted in the R-1, R-2 and R-3 Districts.
    8. Any short-term rental in violation of zoning regulations, including operation without a STR permit, is subject to all applicable penalties as set forth in this section and as otherwise provided in this article.
    9. Applicants for STR permits where subject property has a shared wall or driveway shall notify the adjacent resident(s).
    10. Safety.
      1. The short-term rental shall meet all applicable Virginia Uniform Statewide Building Codes for a rental unit and/or bedroom. The Town may inspect any short-term rental with 48-hour notice to the operator for compliance with applicable building codes.
      2. Site address. The short-term rental shall have an approved address number placed on the dwelling or in another position plainly legible and visible from the street fronting the property. Structures obscured from street view or located off of an access road in excess of one hundred (100) feet in length shall also post the designated address adjacent to the roadway.
    11. Use regulations.
      1. The operator shall not permit occupancy of a short-term rental for a period of less than overnight.
      2. The principal guest of a short-term rental unit shall be at least 18 years of age.
      3. The maximum number of persons in a short-term rental unit is limited to the lesser of: (i) two persons per bedroom plus two additional people. For the purpose of this section, children ages 3 and under shall not be counted as a separate individual for occupancy calculations; or (ii) the number of persons or bedrooms as indicated on the Virginia Department of Health septic permit. For the purposes of this section, a bedroom shall be defined by what is permitted by the Virginia Uniform Statewide Building Code, which shall also be reflected on the real property assessment records.
    12. Operators shall include with each rental agreement provided to guests shall include a written notification to the tenants of the requirements of this ordinance occupancy, use and gatherings. Operators shall also include a hard-copy of these requirements in a visible location in the STR unit.
    13. The Town may suspend or revoke a STR Permit for the following reasons:
      1. Failure to comply with Town ordinances, including the collection and/or remission of the transient occupancy, state sales and personal property truces and Town Business License and STR permitting fees.
      2. More than three violations occurring within a rolling six-month period.
      3. Refusal to cooperate with the Town in a compliance investigation; including allowing the Zoning Administrator or their designee to enter the dwelling unit upon a minimum 48-hours advance notice.
    14. Before any suspension or cancellation can be effective, the Zoning Administrator or their designee shall give written notice to the short-term rental operator. The notice of suspension or cancellation issued under the provisions of this section shall contain:
      1. A description of the violation(s) constituting the basis of the suspension or cancellation;
      2. If applicable, a statement of acts necessary to correct the violation; and
      3. A statement that if no written response by the operator is received by the Zoning Administrator or their designee within 30 days from the date of the notice, the STR permit will be suspended or cancelled immediately.
    15. The notice shall be given to the operator by delivering a copy of the notice in person. If the operator cannot be found, such notice shall be sent to the address of record by:
      1. Certified mail or e-mail to the addresses on the zoning permit; and,
      2. A copy of the notice shall be posted in a conspicuous place on the premises.
    16. A copy of the notice will be provided to the Town Treasurer to advise that any permit related to the short-term rental may be suspended or cancelled.
    17. Any determination made by the Zoning Administrator may be appealed to the Board of Zoning Appeals in accordance with the provisions of this article.
    18. Penalty. It shall be unlawful to operate a short-term rental:
      1. Without obtaining a STR permit as required by this section, punishable by a $500 penalty;
      2. After a STR permit has been suspended or cancelled; or
      3. In violation of any other requirement of this article.
    19. Penalties shall be assessed in accordance with the Bowling Green Municipal Code/Zoning Ordinance, as applicable.
HISTORY
Adopted by Ord. O-2024-101 on 11/7/2024

10.30.140 Accessory Dwelling Units

Within Districts that permit single family dwelling units as a principal use, accessory dwelling units shall be added as a permitted use.

Accessory Dwelling Unit Regulations:

  1. An accessory dwelling unit is allowed only as accessory to a single-family detached dwelling.
  2. Only one accessory dwelling is permitted per parcel.
  3. Such structures shall comply with all dimensional standards that apply to the principal building.
  4. An accessory dwelling unit shall not be subdivided or otherwise segregated in ownership from the principal single-family dwelling unit.
  5. A manufactured home, alternative dwelling, or recreational vehicle, travel trailer, camper, or similar vehicle shall not be used as an accessory dwelling unit.
  6. An accessory dwelling shall obtain all proper permits and comply with all applicable requirements of the Virginia Department of Health, the Virginia Uniform Statewide Building Code, and local ordinances.
  7. An accessory dwelling unit that is contained within a single-family dwelling may not equal the existing finished square footage of the principal dwelling, such as a basement, attic, or additional level, unless approval is sought to permit a second dwelling unit (duplex).
  8. The floor area of a detached accessory dwelling unit shall be a minimum of 600 square feet in finished floor area and shall not exceed a maximum of fifty percent (50%) of the existing gross square footage of the principal dwelling. A detached accessory dwelling unit shall have an exterior appearance consistent with the principal dwelling.
HISTORY
Adopted by Ord. O-2024-101 on 11/7/2024

O-2024-091

O-2024-101