(a)

Off-street parking and off-street loading space shall meet the requirements in article VII, division 2 of this chapter.

(b)

In the B-2 district, the following regulations apply:

(1)

A parking garage is allowed as a primary use of a property if it is compatible with other buildings in the immediate area in terms of building size, setbacks, and height of the structure.

(2)

A parking lot as a primary use of a property is allowed if a design is approved by the planning commission that provides a landscape buffer between the parking lot and the sidewalks or streets of a minimum of five feet in width consisting of earthen berms, tree and/or shrub plantings, or a combination of these. The design of such buffer shall be such that it provides separation between vehicular and pedestrian areas without creating safety or security concerns.

(3)

Buildings hereafter constructed, extended, or converted to commercial use, and which have access to a public alley shall provide off-street facilities as required in article VII, division 2, of this chapter for the loading and unloading of merchandise and goods, whether within the building or adjacent to a public alley, in such a manner as not to obstruct freedom of traffic movement on the public alley.

(4)

There are no requirements for off-street parking for the B-2 district, other than for hotels and multi-family dwellings as the principal use of the property. Off-street parking for these uses shall be provided as required in article VII, division 2, of this chapter. Such parking areas shall be separated from pedestrian areas by use of earthen berms, planted buffers, decorative fences, decorative walls, or some combination of these, designed to provide attractive visual separation without creating safety or security concerns.

(Ord. No. 20-4, 11-24-20)

Fences and walls shall be permitted in all districts provided they comply with the following restrictions:

(1)

In all districts, fences or walls shall be a minimum of 36 inches in height.

(2)

In all districts, fences or walls shall not be erected across any public way or easement so as to deny access or obstruct the normal flow of water in the case of drainage easements.

(3)

In all districts on corner lots, no fence or wall shall be erected which would restrict sight distance or obstruct vision to a greater degree than as required by the current standards of the Virginia Department of Transportation.

(4)

Any wall which will not permit air and vision to penetrate 80 percent of its surface area measured along its length and from grade level to the highest point on the fence shall be prohibited on a corner lot where it would obstruct vision or sight distance.

(5)

No fence or wall hereafter constructed shall be greater than 96 inches above grade level.

(6)

No provision of this section shall be construed to prohibit any retaining wall, supportive structure or security fencing where such fence or structure is deemed necessary by the building code official or governmental authority having jurisdiction.

(7)

Barbed or razor wire and electrified fences are prohibited in all residential districts unless approved by the zoning administrator as necessary and safe.

(8)

Fences shall not be constructed using construction waste or demolition waste. For purposes of this section, "construction waste" means solid waste, which is produced or generated during construction of structures. Construction waste consists of discarded lumber, wire, sheetrock, broken brick, shingles, glass, pipes, concrete, and metal and plastics if the metal or plastics are a part of the materials of construction or empty containers for such materials. Specialty and/or repurposed building materials which have been restored in good condition may be acceptable if approved by the building official.

(Ord. No. 20-4, 11-24-20)

(a)

It is the intent of this article to allow an occupation for gain or support in the dwelling unit, provided that the use does not adversely affect the immediate neighborhood by excessive traffic generation, parking, noise, appearance, or other incompatible characteristics. Home occupations shall be allowed in all residential zoning districts except the golf course residential (GCR) district, unless prohibited by deed restrictions or homeowner association restrictions.

(b)

General standards.

(1)

No person who is not a resident of the dwelling may be engaged or employed in the home occupation.

(2)

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25 percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation.

(3)

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one non-illuminated sign, of dimensions no greater than two square feet. Any such sign must be attached to the exterior of the dwelling.

(4)

No home occupation nor any phase thereof, including storage, processing or other activity associated with such business, shall be conducted in any accessory building. There shall be no outside storage of goods, products, equipment, or other materials associated with the home occupation.

(5)

There shall be no goods or products sold or offered to purchasers on-site, other than goods or products that are accessory to a service delivered on-premises to a customer or client of the business. Sales of products other than the above of other items must be limited to off-site or on-line.

(6)

All parking in connection with the home occupation (including parking of vehicles marked with advertising or signage for the home occupation) must be accommodated off the street, in driveway or garage areas on the premises. No parking in connection with the home occupation shall be allowed in the front yard.

(7)

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, including transmittal through vertical or horizontal party 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, or causes fluctuations in line voltage off the premises, including through vertical or horizontal party walls.

(8)

Customer or client visits to the home occupation may only take place between the hours of 9:00 a.m. and 8:00 p.m.

(c)

Approval process. A business license from the office of the commissioner of the revenue is required in order to establish and operate a home occupation. To obtain a license, the applicant must first complete and sign a home occupation permit stating that the above general standards are understood and will be adhered to. Failure to comply with the general standards may result in revocation of the permit and the applicant's business license effective immediately. The home occupation permit is available at the office of community development.

(Ord. No. 20-4, 11-24-20)

(a)

It is the intent of this article to permit accessory buildings and uses, provided that they:

(1)

Are customarily accessory and clearly incidental and subordinate to permitted principal uses and structures.

(2)

Do not involve the conduct of trade on the premises in residential districts.

(3)

Are located on the same lot as the permitted use or structure.

(4)

Do not involve operations not in keeping with the character of the area.

(b)

No accessory building or use shall be located on any residential lot in front of the plane of the rear wall of the principal building, except in the following circumstances:

(1)

This provision shall not be applicable to garages or carports for row or townhouse attached dwellings, nor shall it be applicable to garages or carports for multi-structure apartment or condominium complexes when all the buildings in such multi-structure complex are situated on the same lot, tract or parcel.

(2)

A single-family residence may have a detached garage or carport in the side yard, not extending beyond the front wall of the dwelling, as long as it meets subsection (c)(1) below and other provisions of this section.

(c)

All accessory buildings must be at least ten feet from the side and rear property line with the following exceptions:

(1)

In residential districts, if a detached garage or carport is located in front of the rear wall but not extending beyond the front wall of the dwelling, it must meet the same required side yard setback that applies to the principal structure for that district.

(2)

The setback on the side and rear may be reduced to five feet if contiguous to an alley on the rear property line, or in the event, excluding the R-1A and R-1 districts, that the accessory building is not more than 256 square feet in size and is not in front of the plane of the rear wall of the principal building.

(d)

In residential districts, accessory buildings cannot exceed one story in height if situated within 15 feet of lot line. Otherwise the maximum height shall not exceed the height of the principal structure.

(e)

The square footage for all accessory buildings situated on a lot shall not exceed ten percent of the maximum lot coverage or 720 square feet, whichever is greater.

(f)

One accessory dwelling unit is allowed on a lot with a principal single-family dwelling in R-2 and R-3 zoning districts, provided it meets the definition in division 18, and the following requirements:

(1)

The accessory dwelling unit meets subsections (a) through (d) above;

(2)

The size of the unit meets subsection (e) above and is less than 50 percent of the square footage of the principal dwelling whichever is less;

(3)

Total lot coverage requirements in division 4 are met;

(4)

Two additional off-street parking spaces shall be required for each accessory dwelling unit in addition to that required for the single-family residence, unless the unit is less than 360 square feet in which only one additional space is required.

(Ord. No. 20-4, 11-24-20)

(a)

Residential uses existing in business and manufacturing districts at the time of the adoption of the ordinance from which this article was derived shall be permitted to expand in conformance with the requirements for the R-3 district; provided, however, that the construction of new residences within manufacturing districts shall be prohibited except as allowed under section 50-5 for nonconforming structures damaged by accidental fire, natural disaster, or other act of God.

(b)

New single-family and two-family dwellings may be permitted in business districts upon approval of the planning commission, provided that such residential structures are of such design and use as to be compatible with other structures and uses in the area and they meet the yard and density requirements of the R-3 district. This includes the new construction or substantial reconstruction of single-family or two-family structures or the conversion of non-residential structures to single or two-family residential use.

(c)

The new construction, substantial reconstruction, or expansion of a multiple-family dwelling in the B-3 and O-I zones is allowed by special use permit in accordance with division 14, while multiple family dwellings are a permitted by right use in the B-2 and FRD zoning districts in accordance with the density and yard requirements for R-3 in division 4.

(d)

Dwelling units are allowed in B-2 district above the first floor and as a secondary use located in the rear of the structure (without meeting the R-3 density and yard requirements).

(Ord. No. 20-4, 11-24-20)

(a)

Backyard chickens may be permitted as an accessory use on single-family residential lots in R-1A, R-1, and R-2, provided the following conditions are met:

(1)

No more than six hens are allowed and no roosters are allowed;

(2)

Chickens shall be kept inside an enclosed shelter and fenced pen with the following specifications:

a.

A covered, predator-proof shelter that is thoroughly ventilated, provides sun, shade, and protection from the elements, and is at least five square feet per chicken in size;

b.

An attached pen enclosed at all times and on all sides and the top with strong fence of mesh wire, and providing at least ten square feet of per chicken;

(3)

Both shelters and pens must be kept in a neat and sanitary condition at all times. No person shall store, stockpile, or permit any accumulation of chicken litter and waste in any manner whatsoever that, due to odor, attraction of flies and other pests, or for any other reason, diminishes the rights of adjacent property owners to enjoy reasonable use of their property;

(4)

The structure shall be located behind the plane of the rear wall of the residence;

(5)

The structure must be at least 100 feet from any adjoining property line;

(6)

There shall be no slaughter of chickens or sales of poultry or eggs at the site;

(7)

All feed must be stored in an impenetrable container to prevent the attraction of rodents and other animals;

(8)

An annual permit and fee shall be required to be obtained from the city. The applicant must be the owner of the property or have written permission from the property owner to keep chickens on the property.

(b)

The keeping of honeybees may be permitted as an accessory use on single-family residential lots in R-1A and R-1, provided the following conditions are met:

(1)

A minimum lot size of 10,000 square feet is required for up to two hives; a minimum lot size of 12,000 square feet is required for up to three hives; and a minimum lot size of 15,000 is required for up to a maximum of four hives. No hives are permitted on any lot less than 10,000 square feet.

(2)

There shall be at least one adequate and accessible water source provided on-site exclusively for the hives and shall be located within 20 feet of all hives. A natural stream, pond, or spring may constitute an adequate source.

(3)

The hives shall be located in the rear yard of the residence and at a minimum of 25 feet from any side or rear property line.

(4)

If the landing platform of a hive faces and is within 50 feet of any lot or property line, there shall be a flight path barrier, consisting of a fence, structure or evergreen shrubs not less than six feet in height, located in front of and shielding of the hive or set of hives.

(5)

Honeybees must be acquired and hives constructed and maintained in accordance with Code of Virginia, tit. 3.2, ch. 44.

(6)

An annual permit and fee shall be required to be obtained from the city. The applicant must be the owner of the property or have written permission from the property owner to keep bees on the property.

(Ord. No. 20-4, 11-24-20)

(a)

Mobile food vending units. Mobile food vending units are allowed on property zoned either business or manufacturing (B-1, B-2, B-3, M-1, and M-2) provided a city temporary use permit is obtained and the following requirements are met:

(1)

The operator shall have a current permit from the Virginia Department of Health for a mobile food vending unit;

(2)

The operator shall have a current city business license;

(3)

If the operator is not the property owner where the unit will be located, written permission from the property owner must be provided;

(4)

The unit cannot be located in the public right-of-way, in loading zones or fire access zones, or consume otherwise necessary parking spaces; The unit shall not block site distance or create a hazardous traffic situation;

(5)

The unit must meet the setbacks of the zoning district;

(6)

The unit shall not remain stationary on the property overnight; other than at the location where it is being stored and serviced when not in operation;

(7)

The mobile unit shall be not be permanently placed on the property and no permanent structure shall be attached to the mobile unit;

(8)

Any signage shall be securely attached to the mobile food unit;

(9)

There shall be a minimum buffer of 100 feet between the mobile vending unit and any primary residential structure;

(10)

As part of the review process for an application for a temporary use permit, the zoning administrator may consider certain site conditions, such as, but not limited to, the size and condition of the parking area, and the safety of ingress and egress, and the proposed storage area for the unit when not in use. Any storage area for a unit shall also meet subsections (3), (4) and (5) above.

(b)

Temporary seasonal sales. Temporary seasonal retail sales activity as defined in division 18 is allowed on property that is zoned either agricultural, business or manufacturing (A, B-1, B-2, B-3, M-1, and M-2) provided a city temporary use permit is obtained and the sales activity meets the following requirements:

(1)

The operator of the sales activity shall have current business license;

(2)

If the operator is not the property owner, written permission from the property owner must be provided;

(3)

The activity shall meet the front yard setback for the district in which it is located;

(4)

None of the sales activity shall block site distance or create a hazardous traffic situation;

(5)

The duration of the outdoor sales activity shall be restricted to no more than 90 days. An extension of time may be allowed if a site plan meeting the requirements of article VII, division 3 is approved;

(6)

Unless excluded from the definition of "temporary seasonal sales" as found in division 18, temporary outdoor retail sales of products that are not agricultural or horticultural in nature are not allowed.

(c)

Portable storage containers. Portable storage containers are allowed in any zoning district provided that the following requirements are met:

(1)

The container shall not be placed on any lot that does not contain an existing principal building or a principal building under construction; and shall only be permitted as an accessory use to the principal use of the lot on which such container is located;

(2)

No container shall be placed in the public right-of-way;

(3)

The container shall not be connected to utilities;

(4)

The vertical stacking of portable storage containers and the stacking of any other materials or merchandise on top of any storage container shall be prohibited;

(5)

On properties containing a residential use, a temporary use permit is required for the storage unit. No more than one storage container may be allowed on one lot, and the location of the container shall meet the required front yard setback area for the zoning district to the greatest extent possible, and the container shall be at least ten feet from side and rear property lines, or in a private driveway;

(6)

On non-residential properties, more than one portable storage container may be allowed on a lot. The location of any container shall be in the side or rear yard of the structure and shall be located no closer than five feet to any side or rear property line. A temporary use permit is not required, however the unit must meet other requirements in this section, and the placement of multiple storage containers on the lot is subject to the site plan review process;

(7)

No portable storage container shall be located on or block access to, a required parking space, public sidewalk, circulation aisle, or fire access lane, or cause a visual obstruction to pedestrians or motor vehicles leaving or entering the property;

(8)

The duration of the portable storage container on a residential lot shall be restricted to 60 days. A temporary use permit may be renewed for one additional 30-day period.

(d)

Permit and fees. Temporary uses specified in (a), (b), and (c), unless specifically exempted, require a temporary use permit to be issued by the city. A temporary use permit may be revoked by the city if the requirements of section 50-137 are not met. The fee schedule for temporary use permits shall be established by city council.

(Ord. No. 20-4, 11-24-20)

(a)

The placement of a mobile home, as defined, as a dwelling either on its own lot or in conjunction with another principal building, or in a manufactured home park is prohibited. No existing mobile home shall be used for any other purpose than that of a single-family dwelling.

(b)

No manufactured home, as defined by the Virginia Manufactured Home Safety Regulations, shall be used for any purpose other than that of a single-family dwelling unit.

(c)

Manufactured homes used or occupied in accordance with subsection (2) of this section shall hereafter be located only within the R-MH district with the exception that manufactured homes may replace existing homes in manufactured home parks not zoned R-MH as long as they meet the National Manufactured Housing Construction and Safety Standards Act of 1976. In the event that a majority of the manufactured home spaces or units in a nonconforming manufactured home park are vacant for more than 12 months, any replacement of a manufactured home in that park can only occur if the entire park is rezoned to R-MH and brought into compliance with the standards in section 50-119.

(d)

No person shall, park any manufactured or mobile home on any street, alley, highway, or other public place, or on any tract of land owned by any person without meeting the requirements of this section.

(Ord. No. 20-4, 11-24-20)

(a)

Any industrialized building unit meeting the requirements of the Virginia Industrialized Building Safety Regulations shall conform to all requirements of the zoning district and the statewide uniform building code for the use for which it is proposed or such use shall be prohibited.

(b)

An industrialized building unit shall be allowed as a temporary office or storage buildings on a construction site provided such unit is removed upon completion of construction.

(Ord. No. 20-4, 11-24-20)

(a)

No person shall, park any recreational vehicle on any street, alley, highway, or other public place, or on any tract of land owned by any person except for emergency or temporary stopping or parking for not longer than one hour subject to any other and further prohibitions, regulations, or limitations imposed by traffic and parking regulations or ordinance for that street, alley, or highway.

(b)

No person shall park or occupy any recreational vehicle on the premises of any occupied or unoccupied building or on any vacant lot or tract of land or in any manufactured home park, except the parking of only one unoccupied recreational vehicle in an accessory private garage building, or in a rear yard in any district when such recreational vehicle is located at least 15 feet from any property line, or in a private driveway, provided no living quarters shall be maintained or any business conducted in said recreational vehicle while such unit is parked or stored.

(c)

The commercial or retail sale of manufactured homes, mobile homes, or recreational vehicles shall not be permitted under any circumstances from any manufactured home park.

(Ord. No. 20-4, 11-24-20)

Methadone clinics and drug treatment clinics that dispense other controlled substances may be located in the O-I district only upon the granting of a special use permit by the city council. In addition to the other findings the city council must make prerequisite to the issuance of a special use permit, city council shall make affirmative factual findings that said program is necessary to the welfare of the citizens of the city and that the presence of said program will not cause any danger to the persons of any said citizen or a decrease in the value of property in the area in which said program is intended to be located.

(Ord. No. 20-4, 11-24-20)

(a)

Intent. Within the city, it is recognized that there are some adult uses as defined in division 18 that, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or located in direct proximity to residential neighborhoods. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations are itemized in this section. The primary control or regulation is for the purpose of preventing the concentration or location of these uses in a manner that would create such adverse effects. Uses subject to these controls are as follows:

(1)

Adult bookstore, video store, or retail store.

(2)

Adult movie theater.

(3)

Adult model studio.

(4)

Adult nightclub, cabaret, or similar establishment.

(5)

Adult massage parlor.

(b)

These uses shall may only be allowed in an M-1 or M-2 zoning district with a special use permit.

(c)

No adult use may be established within 1,000 feet of any other such adult use in any zoning district.

(d)

No adult use may be established within 750 feet of a residentially zoned district (R-1A, R-1, R-2, R-3, R-4, PUD, GCR or RMH), nor within 750 feet of any property used for residential purposes or occupied by a church or other place of worship, public library, public or private school, educational institution, public park, playground, playfield, bed-and-breakfast establishment, child or adult day care center, hotel, or motel.

(e)

The establishment of an adult use as referred to herein shall include the opening of such business as a new business, the relocation of such business, the enlargement of such business in either scope or area, or the conversion, in whole or in part, of an existing business to any adult use.

(f)

All distances specified in this division shall be measured from the property line of one use to another. The distance between an adult use 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 residentially zoned district.

(Ord. No. 20-4, 11-24-20)