Accessory uses and structures shall be permitted only in connection with and incidental to a permitted principal use or structure and in compliance with the restrictions of this ordinance.

A.

In general. Unless otherwise provided for elsewhere in this zoning ordinance, permitted accessory uses and structures shall be limited to those described or listed below and those specifically approved in accordance with subsection (D) below and meeting the definition of accessory use or structure in article 3 of this ordinance.

B.

Structures. Unless otherwise specified in other provisions of this ordinance, the following structures shall be presumed to be permitted accessory structures, the placement of which are subject to the setback, lot coverage, height and other related requirements set out elsewhere in this ordinance. Structures which are listed below or which normally are otherwise permitted on a property as an accessory structure will not be permitted as an accessory structure if they are used to support a use which is not a permitted principal or accessory use of the property.

1.

Detached private garages.

2.

Detached private greenhouses.

3.

Fallout shelters.

4.

Off-street parking and loading facilities.

5.

Recreational courts, fields and equipment.

6.

Pool houses and gazebos.

7.

Swimming pools.

8.

Storage structures and buildings (see section 14-103 et seq. for specific requirements).

9.

Freestanding heating and air conditioning equipment and pump houses.

10.

Fences, walls and hedges (see section 14-200 et seq. for specific requirements).

11.

Guesthouses and servants quarters (see section 14-102(B)(6) for specific requirements).

12.

Abovegrade fuel storage containers.

13.

Satellite dish antennas, TV and radio communication towers/antennas (see section 14-600 for specific requirements).

14.

Signs (see section 14-700 et seq. for specific requirements).

15.

Children's playhouses and recreational equipment.

16.

Windmills.

17.

Flagpoles (see section 14-103(A)(4) for specific requirements).

18.

Large trash containers (dumpsters) or trash enclosures (see section 13-402.D. for regulations covering the placement and use of containers designed or used for the collection and hauling of waste or debris on property zoned or used for residential purposes and section 14-500 for specific requirements for property located in the office and institutional, business, industrial and assembly center districts).

19.

Permanent outdoor cooking structures.

20.

Freestanding book exchanges (see section 14-1000 for specific requirements).

C.

Uses.

1.

In general. A use which is located on the same lot with and is of a nature customarily incidental and subordinate to the principal use of the property shall be deemed an accessory use, unless otherwise prohibited by other provisions of this ordinance.

2.

On residential property. The following specific accessory uses are listed as examples of accessory uses permitted in residential districts, subject to the other applicable provisions of this ordinance. To be deemed accessory, such use must be designed and carried out to serve the residential use of that property.

a.

Home occupations (see section 14-300 et seq. for specific requirements).

b.

Garage and yard sales (see chapter 58 of the city Code for specific requirements).

c.

Keeping of pets, as defined in article 3 of this ordinance. The definition of pet includes certain criteria that must be satisfied for an animal to be considered a pet. If these criteria are not satisfied, then the animal shall be prohibited on residential property.

d.

Outside storage (see section 14-102(B)(11) of this article).

e.

Gardening.

f.

Excepting lots within the RE-1, Residential Estate District, which shall be subject to the livestock restrictions put forth in section 6-2101 of this ordinance; six (6) or fewer female chickens may be kept as an accessory use in all single-family residential zoning districts, subject to the following requirements: (i) the chickens shall be housed in a fully enclosed accessory structure that meets the requirements of subsections 14-102.B.1—6. set out below, and (ii) the accessory structure shall be located in a rear yard. Nothing herein shall be construed to permit the slaughtering of chickens on property zoned for residential use.

3.

Specific accessory uses in other zoning districts. The following specific accessory uses are listed as examples of accessory uses permitted in zoning districts other than residential districts, subject to the other applicable provisions of this ordinance. To be deemed accessory, such use must be designed and carried out to serve the principal use of that property.

a.

Outside storage (see the development standards for each of the zoning districts elsewhere in this ordinance).

b.

Limited retail sales activity incidental to an industrial operation (see article 8 of this ordinance).

c.

Limited wholesale production and sales activities of a nature customarily incidental and subordinate to principal retail activities (see sections 7-302E., 7-402D., and section 14-102C.3. of this ordinance).

D.

Similar uses and structures approved by zoning administrator. The zoning administrator shall have the authority to approve other uses or structures not listed above, upon the determination that such use or structure is clearly a normal accessory use or structure serving the principal use of the property and is sufficiently similar in nature, size and impact to one or more of the above-listed uses or structures to come within the intent of this section.

(Ord. No. 95-O-245, 12-20-95; Ord. No. 04-O-096, 6-15-04; Ord. No. 04-O-101, 7-13-04; Ord. No. 05-O-010, 2-15-05; Ord. No. 12-O-107, 11-20-12; Ord. No. 13-O-148, 11-26-13; Ord. No. 16-O-084, 9-20-16; Ord. No. 18-O-017, 2-20-18)

A.

In general.

1.

No accessory structure shall be occupied or utilized unless the principal structure to which it is accessory is occupied or utilized.

2.

All accessory uses and structures shall comply with the use limitations applicable in the zoning district in which they are located. An accessory use and structure shall not be located in a zoning district different from the zoning district that contains the principal use to which the use or structure is accessory.

3.

Otherwise permitted accessory structures will not be permitted if they are used to support a use which is not a permitted principal or accessory use on the property.

4.

Otherwise permitted accessory uses or structures shall not be permitted if they are utilized in such a manner or to such a degree that they become a principal use or structure of the property rather than supplementing and supporting the principal use of the property.

5.

Components of a principal use shall not be considered accessory uses or structures.

B.

Residential districts.

1.

The total combined lot coverage for all accessory structures shall not exceed seventy-five (75) percent of the lot coverage of the principal building or structure. This standard is subject to the additional requirement that the total lot coverage of the principal and accessory structures combined shall not exceed the maximum lot coverage required for the zoning district in which the lot is located. In calculating this lot coverage limitation, the following structures shall not be included: (a) structures which are less than forty-two (42) inches in height; (b) structures which are not normally used for occupancy or storage (for example, fences, hedges and playground equipment would not be included); provided, however, that patios, decks and other similar structures which are more than forty-two inches in height at any point shall be included in this calculation.

2.

a.

The height of the accessory structure above the grade of the property shall not exceed the height limitations of the zoning district or exceed by twenty-five (25%) the height of the dwelling, whichever is less, provided, however, that either a buffer yard A or B as described in section 19-600 of this ordinance is installed, to screen the accessory building from adjacent properties. The location and extent of the buffer shall be subject to the review and approval by the city arborist. Accessory buildings that exceed the height limitations herein may be approved only through the issuance of a conditional use permit as set forth in section 19-205 of this ordinance.

b.

The roof mounting of accessory structures is not prohibited by this requirement, provided that the height of the accessory structure above the grade of the property does not exceed the height limitations of the zoning district or exceed by twenty-five (25%) the height of the dwelling, whichever is less (unless otherwise allowed under this ordinance; see in particular article 19). For the purposes of this section only, the relative building heights of the principal structure and the accessory structure, when separated by a horizontal distance of more than six (6) feet, shall be established by comparing their vertical distances above grade to their highest roof surfaces.

3.

Except as provided for in section 14-103 below, all accessory uses and structures shall meet the following yard setback requirements:

a.

The front yard setback shall be the same as that required for the principal structure. Once the principal structure has been placed on a lot, all accessory structures must be placed in accordance with the established front yard, based upon the front building line of the principle structure, even when the principal structure is placed behind the required front yard.

b.

The side yard setback shall be the same as that required for the principal structure. If the principal structure is erected so that it is behind the required side yard, the placement of accessory structures shall be based upon the required side yard rather than the established side yard.

c.

The rear yard setback shall be as follows:

(1)

Lots having a width of less than 65 feet: 3 feet.

(2)

Lots having a width of 65 feet or more: 5 feet.

d.

On through lots, accessory uses and structures that are located to the rear of the principal structure shall comply with the following:

(1)

If a lot was platted as a through lot and remains a through lot, then all accessory uses and structures shall be located at least fifteen (15) feet from the lot line of the secondary front yard, as defined below. If an adjacent lot has the front of a principal structure facing the street on which the lot line of the secondary front yard is established, then accessory uses and structures located in the secondary front yard shall comply with the requirements applicable to required front yards set out in section 14-102.B.3.a. of this ordinance.

(2)

If a lot was platted as an interior lot but has been converted to a through lot by subsequent development on adjacent property, then all accessory uses and structures shall comply with the requirements for rear yard setbacks as set out in section 14- 102.B.3.c of this ordinance. A property owner or agent shall have the burden of demonstrating that an interior lot has been converted to a through lot by subsequent development on adjacent property.

e.

On corner lots:

(1)

The secondary front yard for accessory structures may be reduced to a minimum of 15 feet if one of the following conditions exists:

(a)

The lot to the rear of the dwelling does not front on the same street as the secondary front yard of the corner lot; or

(b)

The property to the rear of the dwelling consists of a permanent open space of fifty feet or more in width. For purposes of this subsection, the term "permanent open space" means areas not subject to development, including those having natural drainage features such as streams, rivers and lakes and those encumbered by drainage easements, utility easements or railroad rights-of-way; or

(c)

The lot to the rear of the dwelling is not located in a residential zoning district and has not been developed for residential purposes.

If one or more of these conditions exists, an accessory structure may be constructed on or behind the front building line of the principal dwelling constructed on the lot.

(2)

Notwithstanding subsection 14-102B.3.a. above, accessory structures located in the secondary front yard of a residential corner lot may be placed in accordance with the required front yard regardless of the placement of the principal structure on the lot; provided that, however, the accessory structure is not placed beyond the established front yard of any lot abutting the secondary front yard.

(3)

An accessory structure may encroach into the required side yards of a corner lot, provided that accessory structure is at least five (5) feet from any property line.

(4)

For the purposes of this subsection, the term "secondary front yard" for corner lots shall mean the front yard other than that on which the front of the principal dwelling faces. Where the principal dwelling is situated catercorner on the two front yards, the zoning administrator shall designate the secondary front yard in consideration of such factors as the widths of the front yards, the location of driveways, the address of the residence, and the prevailing yard patterns in the neighborhood.

(5)

Lots platted as interior lots which have been converted to corner lots by subsequent development on adjacent property shall comply with the requirements applicable to interior lots as set out in section 14-102.B.3.e.1-4. of this ordinance. A property owner or agent shall have the burden of demonstrating that an interior lot has been converted to a corner lot by subsequent development on adjacent property.

4.

Accessory uses and structures shall be located on the same lot as the lot containing the principal use.

5.

An accessory structure must be detached and separated from the principal structure by a distance of at least six (6) feet. No physical connection between a principal structure and an accessory structure shall be permitted unless both structures comply with the setback requirements for principal structures.

6.

Detached guesthouses and servants quarters shall be permitted under the following conditions:

a.

The property is zoned for single-family residential use and has a lot area of at least 20,000 square feet.

b.

The unit has no equipment, facilities or arrangements for the preparation of food, so that the preparation and eating of meals occurs in the principal structure.

c.

The unit is used for housing of occasional guests or relatives of the occupants of the principal structure or the occupants' domestic employees.

d.

The unit is not used as a rental unit or for permanent occupancy as a dwelling unit, as defined in this ordinance.

e.

In certain zoning districts, a freestanding mobile home may be used to provide a supplemental living area, under the provisions of article 13 of this ordinance.

7.

Stables, kennels and enclosures for animals. Stables and kennels shall be defined as put forth in section 3-403 of this ordinance. For purposes of this ordinance, an enclosure shall mean an area that is fenced in or otherwise partitioned off from its surrounding area, such as a pen. Unless specifically provided for by another provision of this ordinance, stables, kennels and enclosures for animals shall be subject to any applicable setbacks set out above and the following setbacks:

a.

Enclosures and stables. If a contiguous lot is zoned for any residential use other than RE-1, then the enclosure or stable shall be setback fifty (50) feet from the lot line of that contiguous lot.

b.

Kennels. Kennels, as defined in this ordinance, shall require a setback of two hundred fifty (250) feet from any lot line of any property zoned or used for residential purposes; or where the structure is soundproofed, the required setback shall be one hundred (100) feet. If such kennel is proposed to be located closer to property zoned or used for residential purposes, a conditional use permit shall be required for such kennel. No such facility shall be located in the established front yard of any lot.

8.

Home occupations shall be governed by the provisions of section 14-300 below.

9.

Amateur radio communication antennas shall be governed by the provisions of section 14-600 below.

10.

Regular periodic assemblies in residential zoning districts.

a.

For purposes of this section, "regular periodic assembly" shall mean a planned gathering of persons occurring at least once per calendar month.

b.

The regular periodic assembly of groups in residential zoning districts shall be considered an accessory use of the residence if such activity meets the requirements set out below.

i.

Accessory buildings that comply with applicable requirements of the Virginia Uniform Statewide Building Code and other applicable law, as may be amended from time to time, may be used.

ii.

The volume of traffic generated by the assembly is no greater than would be normally expected in a residential neighborhood.

iii.

All parking beyond that for four (4) vehicles associated with the assembly is provided off of the street and other than in the required front yard.

iv.

There is no significant detrimental visible evidence outside of the residence of the conduct of such assembly.

c.

Regular periodic assemblies of groups in residential zoning districts which do not meet the requirements set out herein are deemed to be inconsistent with the residential use of the property and are not a permitted accessory use in residential zoning districts.

11.

Outside storage. The outside storage of items accessory to the use of the residence shall be permitted, subject to the yard requirements set out in this ordinance for accessory uses. All such storage activities shall be subject to the minimum housing and related health codes of the city Code and state law. In addition, certain specific storage activities shall be subject to the following requirements:

a.

The storage of motor vehicles and recreational equipment shall be subject to the following standards: (i) those of chapter 74 of the city Code regarding inoperative motor vehicles; (ii) those of chapter 19, article II (section 19-51 et seq.), of the city Code regarding automobile graveyards and junkyards; (iii) those of article 13 of this ordinance, regarding the keeping of commercial vehicles and recreational equipment in residential districts.

b.

The storage of firewood shall be permitted, provided that the following requirements are met: (i) such stack shall not exceed six (6) feet in height at any point; (ii) the lot area devoted to such stacking shall not exceed a total of six hundred twenty-five (625) square feet or five (5) percent of the total lot area, whichever is greater.

C.

Assembly center, business, office and institutional and industrial districts.

1.

Unless otherwise provided for in this zoning ordinance, accessory structures shall meet the same setback requirements as those for the principal structure; provided, however, that once the principal structure is placed on a lot, all accessory structures must be placed in accordance with the established front yard, based upon the front building line of the principal structure, even when the principal structure is placed behind the required front yard.

2.

Living areas for caretakers, watchmen or proprietors shall be permitted, provided:

a.

Only one such living area is permitted per recorded parcel of land.

b.

Such living area does not exceed 25 percent of the floor area of the principal building or 2000 square feet, whichever is less.

c.

When provided in a freestanding mobile home, such living area shall be subject to the requirements contained in section 13-903 of this ordinance.

3.

In cases where the zoning administrator, pursuant to subsection 14-101C.3.c. above, approves wholesale production and sales activities as an incidental accessory use to principal retail sales conducted on the property, such accessory use shall at no time exceed fifty (50) percent of the total activities on the premises, as determined by the zoning administrator, utilizing, but not limited to, such factors as total floor area devoted to the respective uses, ratio of gross receipts generated by the respective uses, and ratio of employees and principals engaged in the respective uses. Any person conducting wholesale production and sales activities as an accessory use to retail sales in accordance with this subsection shall provide information to the zoning administrator as requested from time to time for purposes of determining that the accessory use does not exceed fifty (50) percent of the total activities conducted on the site. Failure to provide requested information in a timely manner will invalidate any prior approval of wholesale production and sales as an accessory use.

D.

Agricultural districts.

1.

Unless otherwise provided for in this zoning ordinance, accessory structures shall meet the same setback requirements as the principal structure.

2.

Stables, enclosures and kennels. Stables and kennels shall be defined as put forth in section 3-403 of this ordinance. For purposes of this ordinance, an enclosure shall mean an area that is fenced in or otherwise partitioned off from its surrounding area, such as a pen. In addition to other applicable setbacks set out in this ordinance, stables, enclosures and kennels shall be subject to the following setbacks:

a.

Enclosures and stables. If a contiguous lot is zoned for any residential use other than RE-1, then the setback shall be twenty-five (25) feet from the lot line of that contiguous lot.

b.

Kennels. Kennels, as defined in this ordinance, shall require a setback of two hundred fifty (250) feet from any lot line of any property zoned or used for residential purposes; or where the structure is soundproofed, the required setback shall be one hundred (100) feet. If such kennel is proposed to be located closer to property zoned or used for residential purposes, a conditional use permit shall be required for such kennel. No such facility shall be located in the established front yard of any lot.

(Ord. No. 94-O-068, 5-17-94; Ord. No. 94-O-123, 7-19-94; Ord. No. 94-O-222, 11-1-5-94; Ord. No. 95-O-094, 5-16-95; Ord. No. 95-O-194, 10-17-95; Ord. No. 95-O-245, 12-20-95; Ord. No. 96-O-178, 11-19-96; Ord. No. 02-O-022, 2-19-02; Ord. No. 04-O-058, 4-20-04; Ord. No. 05-O-133, 10-25-05; Ord. No. 07-O-121, 7-17-07; Ord. No. 12-O-107, 11-20-12; Ord. No. 13-O-148, 11-26-13; Ord. No. 18-O-017, 2-20-18; Ord. No. 24-O-091, 8-20-24)

Unless restricted by other state and city requirements, the following uses and structures shall be permitted in a required yard to the extent noted:

A.

Accessory structures permitted in all yards.

1.

Fences, walls and hedges, subject to the requirements contained in section 14-200 et seq.

2.

Arbors and trellises.

3.

Customary yard accessories such as benches, fountains, birdbaths, etc.

4.

Flagpoles, subject to the following conditions:

a.

Any flagpole shall be set back from the edge of the pavement of any existing street right-of-way and from any adjoining property a distance that is equal to the height of the pole plus three (3) feet.

b.

No flagpole may exceed thirty-five (35) feet in height, measured from the grade of the lot, unless a use permit is obtained from the city council.

B.

Accessory structures allowed in both side and rear yards.

l.

Noncommercial laundry drying equipment (clotheslines).

2.

Stacked firewood, provided such stacking meets the requirements set out in section 14-102(B)(11) above.

3.

In single-family and two-family residential areas only, trash receptacles meeting the requirements of chapter 62 of the city Code, entitled "Solid Waste."

4.

Any storage building which is (a) less than one hundred fifty (150) square feet in floor area, and (b) less than eight and one-half (8.5) feet in height may encroach into the required side or rear yard, provided that a setback of not less than three (3) feet is maintained.

5.

Amateur radio communications antennas.

C.

Basketball goals in front yards. A basketball goal may be permitted in the front yard of a single-family residential structure, subject to the following conditions:

1.

Only one front yard goal is permitted per residence.

2.

The goal is set back at least fifteen (15) feet from the nearest street right-of-way line.

3.

No basketball court may be constructed specifically for the basketball goal, though an otherwise permitted driveway may be utilized as a court.

A.

Temporary family health care structures, which are temporary transportable residential structures that provide an environment facilitating the care for a mentally or physically impaired person, shall be a permitted accessory use in any single-family residential zoning district on lots zoned for single-family detached dwellings if the property is owned or occupied by the adult who provides care for a mentally or physically impaired person that they are either related to by blood, marriage, or adoption or the legally appointed guardian of a mentally or physically impaired person for whom they are caring. Only one (1) temporary family health care structure shall be allowed on a lot or parcel of land. The person who owns or occupies the lot on which a temporary family health care structure is placed shall comply with the following:

1.

Obtain a permit from the department of development and permits and pay the fee established in city council's annual budget ordinance prior to the issuance of the permit.

2.

A permit for a temporary family health care structure shall not be issued unless compliance with the following is demonstrated:

a.

That the structure in which temporary care will be provided is primarily assembled at a location other than the site of installation.

b.

That the structure is limited to one (1) occupant who shall be a mentally or physically impaired person who is a resident of Virginia and who requires assistance with two (2) or more activities of daily living, as defined in Virginia Code § 63.2-2200, and written certification by a physician licensed in the Commonwealth verifying the status of the mentally or physically impaired occupant of the structure is provided. Or, in the case of a married couple, occupancy shall be limited to two (2) occupants, one of whom is a mentally or physically impaired person as defined above, and the other requires assistance with one more or activities of daily living as defined in § 63.2-2200, and written certification by a physician licensed in the Commonwealth verifying the status of the mentally or physically impaired occupants of the structure is provided.

c.

That the structure meets all requirements applicable to accessory structures as provided in accordance with sections 14-100 et seq. of this Code and shall comply with all setback requirements that apply to the primary structure and with any maximum floor area ratio limitations that may apply to the primary structure.

d.

The structure shall have a maximum gross floor area of three hundred (300) square feet.

e.

The structure shall comply with applicable provisions of the Industrialized Building Safety Law (Virginia Code § 36-70 et seq.) and the Uniform Statewide Building Code (Virginia Code § 36-97 et seq.).

f.

The structure shall be placed on a temporary foundation approved by the building official and shall not be placed on a permanent foundation.

g.

The structure shall be required to connect to any water, sewer, and electric utilities that are serving the primary residence on the property and shall comply with all applicable requirements of the Virginia Department of Health.

h.

No signage shall be permitted on the structure.

3.

Evidence of compliance with this section must be provided annually on the anniversary date of the initial zoning approval, including a current written certification by a physician licensed by the Commonwealth.

4.

The structure shall be removed within sixty (60) days of the date on which the temporary family health care structure was last occupied by a mentally or physically impaired person receiving services in need of the assistance provided for in this section.

5.

The zoning administrator may revoke the permit granted pursuant to this section if the permit holder violates any provision of this section.

(Ord. No. 13-O-111, 9-17-13; Ord. No. 18-O-028, 3-20-18; Ord. No. 22-O-051A, 5-17-22)

A.

Definition. As used in the following sections, fences and walls shall be deemed to be physical or visual barriers enclosing or separating properties or portions of the same property. Any such barrier which is made up solely of shrubbery or similar vegetation shall be deemed to be a hedge. Unless the context clearly indicates otherwise, use of the term "fence" in this ordinance shall be deemed to include walls and hedges.

B.

Exclusions.

1.

Grass, weeds and other similar vegetation shall not be deemed to constitute a hedge and shall be subject to the requirements of chapter 62 of the city Code, entitled "Solid Waste."

2.

The grouping of living trees on a property, even when done for the purpose of creating a physical or visual barrier within or between properties, shall not be deemed a fence and therefore shall not be subject to the requirements of the sections governing fences, walls and hedges. However, the location of such trees shall be subject to the requirements for visibility at intersections and entrances to streets set out in section 19-204 of this ordinance.

A.

Height limitations. Except as provided for below, all fences, walls and hedges located on any property in a single-family or two-family residential zoning district classification or in the A-1 agricultural zoning district if used for residential purposes, shall be subject to the following height limitations:

1.

Established front yard, a maximum of four (4) feet in height.

2.

Along or behind the interior edge of the established front yard:

a.

Fences and walls, a maximum of six (6) feet in height.

b.

Hedges, no height limitation.

3.

For corner and through lots, all fences, walls and hedges shall not be higher than four (4) feet, unless they conform to the restrictions listed below. As used in this subsection, the term "secondary front yard" for corner lots and through lots shall include any front yard with street frontage other than the frontage that the principal dwelling faces. Where the principal dwelling is cater-cornered, meaning that it is situated in between the two (2) front yards of a corner lot such that it is not clear which frontage the principle dwelling faces, the zoning administrator shall designate the primary and secondary front yard with consideration being given to the widths of the front yards, the location of driveways, the address of the residence, and the prevailing yard patterns in the neighborhood. Further, fences, walls and hedges located on lots platted as interior lots that have been converted to through lots by subsequent development on adjacent property shall comply with the height limitations set out in section 14-201.A.2. of this ordinance. The property owner or agent shall have the burden of demonstrating that an interior lot has been converted to a through lot by subsequent development on adjacent property. A fence, wall or hedge may exceed four (4) feet in height on a corner or through lot if it meets the following requirements:

a.

It must be located in the secondary front yard of a residential corner lot or through lot; and

b.

It is setback at least ten (10) feet on corner lots. A setback of five (5) feet is required for any fence, wall or hedge taller than four (4) feet on through lots; and

c.

The height of the fence, wall or hedge does not exceed six (6) feet; and

d.

The fence is constructed so that the finished side faces the street; and

e.

It complies with at least one of the following:

i.

A buffer yard matching the setback requirement, as shown on an approved landscape plan, is installed and maintained between the fence, hedge, or wall and the public right-of-way in accordance with the requirements for buffer yard "A" or "B" as described in section 19-610 of this ordinance without waiver or modification; or

ii.

If the public right-of-way along the secondary front yard is unimproved or is an alley when a request is made under this subsection, no buffer shall be required if all other criteria listed above in subparagraphs a. through d. are satisfied. At anytime after the issuance of a building permit, a buffer consistent with i. above, shall be required if the public right-of-way is no longer an alley or unimproved; or

iii.

No buffer yard shall be required if the fence is located fifteen (15) feet or more from the right-of-way on a corner lot.

B.

Specialty fences. The use of barbed wire, razor wire, electrified wire and similar wire types shall be prohibited in any residential zoning district, with the exception of districts which allow the keeping of horses or other livestock, and shall be permitted in those districts only where the fence is used solely to contain such animals.

C.

Multi-family district fences. Fences in the R-MF-1 and R-MF-2 zoning districts are governed by subsection 14-202.B.

(Ord. No. 94-O-256, 12-20-94; Ord. No. 97-O-006, 1-21-97; Ord. No. 97-O-053, 5-20-97; Ord. No. 03-O-029, 3-18-03; Ord. No. 04-O-058, 4-20-04; Ord. No. 20-O-030, 3-17-20; Ord. No. 24-O-051, 5-21-24)

A.

In general. Except as provided for below, all fences, walls and hedges located on any property located in a business, office and institutional, assembly or multi-family district zoning district classification shall be subject to the following height limitations:

1.

Established front yard:

a.

Fences and walls, a maximum of four (4) feet in height.

b.

Hedges, a maximum of six (6) feet in height.

2.

Along or behind the interior edge of the established front yard, a maximum of six (6) feet in height.

B.

Approval of greater heights. The zoning administrator or designee, as part of a site plan review, or in response to application by the property owner or agent, may approve a height of greater than six (6) feet for a fence, wall or hedge located along or behind the interior edge of the established front yard, or a height of greater than four (4) feet for a fence, wall or hedge in the secondary front yard of a corner lot or a through lot, provided that the following requirements are met:

1.

The height approved does not exceed eight (8) feet along or behind the interior edge of the established front yard or eight (8) feet if located within a secondary front yard of a corner lot or through lot.

2.

The fence, wall or hedge is used to enclose outside storage or display or to meet clearly established security or sound buffering requirements peculiar to the particular use or site.

3.

The type of fence, wall or hedge is specified on the site plan or building permit application. All fences and walls located within the secondary front yard of corner and through lots shall be designed and constructed in a decorative manner consisting of:

(1)

Brick or masonry pillars spaced a minimum of every twenty-five (25) feet as measured center to center, and

(2)

Open spaces comprising a minimum of fifty (50) percent of the fence area. No wire, chain link or stockade fences or walls shall be permitted in the secondary front yard of a corner or through lot.

4.

The applicant shall install and maintain a five-foot landscaped buffer between the public right-of-way and the fence or wall located within the secondary front yard in accordance with the landscape requirements set forth in section 19-610 of this ordinance. In the alternative, a one-foot vegetated buffer may be permitted along the unimproved shoulder of a paved public right-of-way abutting the fence, provided that the departments of public works and public utilities approve an "Adopt-a-Garden" or similar agreement for such vegetation. No vegetated buffer shall be required along alleys or unimproved right-of-way, provided that all other criteria in this section are met.

C.

Designating secondary front yard. As used in this subsection, the term "secondary front yard" for corner lots and through lots shall mean the front yard abutting the most narrow of the public rights-of-way bordering the lot. If all public rights-of-way bordering the lot are of the same width, the zoning administrator shall designate the secondary front yard in consideration of such factors as the widths of the front yards, the location of entranceways to the premises, the address of the business establishment and the overall design of the premises.

D.

Variance requests. In the event an application for a fence, wall or hedge fails to meet one or more of the criteria in subsection A., the property owner may request a variance from fence height and/or fence setback restrictions from the Chesapeake Board of Zoning Appeals.

(Ord. No. 03-O-029, 3-18-03)

Editor's note— Ord. No. 03-O-029, adopted March 18, 2003, amended § 14-202 in its entirety to read as herein set out. Formerly, § 14-202 pertained to fences, walls and hedges on business, office, institutional, and assembly district property, and height limitations, and derived from Ord. No. 94-O-182, adopted September 20, 1994; Ord. No. 97-O-006, adopted January 21, 1997; Ord. No. 98-O-023, adopted February 17, 1998, and Ord. No. 98-O-175, adopted December 15, 1998.

A.

In general. For properties within an industrial district, a fence, wall or hedge may be constructed along or behind the interior edge of the required front yard of such properties to a maximum height of ten (10) feet, including all caps or other extensions. The height of fences, walls and hedges in the established front yard shall be the same as for business properties except that fences and walls erected in the established front yard of properties located within industrial districts may reach a maximum height of eight (8) feet and electric fences may reach a maximum height of ten (10) feet, including all caps and extensions; provided that fences and walls in excess of four (4) feet in height are constructed in accordance with the following requirements:

1.

The fence or wall is constructed at least fifteen (15) feet from the public right-of-way.

2.

Fences and walls are designed and constructed in a decorative manner approved by the director of planning, or, in the alternative, landscaping is installed between the fence or wall and the public right-of-way. Where landscaping is selected in lieu of approved decorative design and materials, the landscaping may not be waived and shall comply with the requirements set out in section 19-600 of this ordinance for a buffer yard "A."

B.

Zoning administrator approval of greater heights. The zoning administrator, or designee, as part of site plan review or by application of the property owner or agent, may approve a height of greater than ten (10) feet for a fence, wall or hedge located along or behind the interior edge of the established front yard, subject to the same requirements set out in subsection 14-202.B. The fence, wall or hedge shall not exceed twelve (12) feet in height. In the event an application for a fence, wall or hedge fails to meet one or more of the criteria in section 14-202.B., the property owner may request a variance from the fence height and/or fence setback restrictions from the Chesapeake Board of Zoning Appeals.

(Ord. No. 95-O-182, 9-19-95; Ord. No. 03-O-029, 3-18-03; Ord. No. 21-O-137, 12-21-21)

Lawfully maintained junkyards and automobile graveyards, as defined in chapter 19, article II (section 19-51 et seq.), of the city Code, may construct fences, walls or hedges in compliance with the terms of that article. All provisions of this zoning ordinance not in conflict with chapter 19, article II, shall be applicable to such fences, walls or hedges.

Electrical, telephone and other public facility installations which are otherwise in compliance with this zoning ordinance and for which specific fencing requirements are imposed by recognized national safety codes may have such protective fencing as is required by such codes, up to a maximum height of ten (10) feet. Whenever such installations are located on property zoned for residential use or are within two hundred (200) feet of a residential structure, no building permit for such fencing shall be issued until a landscape plan for the site has been approved by the city to ensure compatibility with the surrounding neighborhood.

A.

Decorative posts and wall columns. Decorative fence posts, wall columns, and gateposts may exceed the height limitations set out above, provided:

1.

The widths of any posts or columns do not exceed 18 inches.

2.

The posts or columns are separated from each other by an average distance of five (5) feet when measured from center to center.

3.

The post does not exceed the fence height by more than eighteen (18) inches.

B.

Walls supporting residential development/subdivision signs.

1.

Walls supporting entrance signs to residential developments or subdivisions may exceed the fence height limitations for residential property only if such structures are approved in advance by the director of development and permits or designee. A specific design plan for the proposed wall and sign, which shall be subject to the review and approval of the director of development and permits or designee, shall be submitted for review during the preliminary subdivision or site plan review process. Any such approval shall be based upon the following factors:

a.

The structure must be located outside of any public street right-of-way.

b.

The structure shall not create a detriment to traffic safety or other neighborhood safety concerns.

c.

The structure does not so dominate the area as to have an adverse impact on neighboring structures and properties.

d.

The appearance of the structure is consistent with that of existing and planned structures in the neighborhood.

C.

Fences surrounding recreational courts. All fences immediately surrounding any tennis court, volleyball court, basketball court or any area used for any similar purpose may be erected to a height not exceeding twelve (12) feet provided such court meets the setback requirements for accessory structures as detailed in subsection 14-102(B)(3).

(Ord. No. 03-O-029, 3-18-03; Ord. No. 18-O-028, 3-20-18)

Editor's note— Ord. No. 03-O-029, adopted March 18, 2003, repealed § 14-207 in its entirety, which pertained to fences, walls and hedges behind the principal building or structure on through lots, and derived from Ord. No. 98-O-175, adopted December 15, 1998.

Home occupations shall comply with the provisions set out in sections 14-301 through and including 14-302 below and all other applicable provisions in this ordinance and the city code.

(Ord. No. 02-O-006, 1-15-02)

Editor's note— Ord. No. 02-O-006, adopted January 15, 2002, repealed and reenacted § 14-300 to read as herein set out. Formerly, § 14-300 pertained to similar subject matter and derived from original codification.

With the exception of uses prohibited by this ordinance or any other provision of law, home occupations meeting the following standards of operation shall be considered a permitted use on residential or agricultural property lawfully improved with a dwelling:

A.

General. Unless expressly permitted below, there shall be no interruption, congestion or change to the character of the neighborhood in terms of appearance, noise, traffic, vehicular parking and employee/customer congregation resulting from the operation of the home occupation.

B.

Limited to family members residing in home. No person other than a member of the family residing on the premises shall be engaged or employed in such occupation.

C.

Home occupation incidental to residential use. 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 twenty-five (25) percent of the gross floor area of the dwelling unit shall be used in the conduct of the home occupation. No activities associated with the home occupation shall be conducted outside.

D.

No change in outside appearance. Unless expressly permitted herein there shall be no change in the outside appearance of the building or premises; nor shall there be any evidence of the conduct of such home occupation visible from the street or adjacent properties. No separate entrance from the outside shall be added to the residence for use in the conduct of the home occupation.

E.

No use of accessory building. No home occupation shall be conducted in an accessory building.

F.

Outside storage. There shall be no outside storage of goods, products, equipment or other materials associated with the home occupation. No solid waste, including without limitation, toxic, explosive, flammable, radioactive or hazardous materials shall be generated, placed, used, stored or sold on the property in conjunction with the home occupation.

G.

Traffic; off-street parking. No traffic shall be generated by such home occupation in greater volume than would normally be expected in the neighborhood, as determined by the zoning administrator. Any need for parking generated by the conduct of such home occupation shall be met off the street unless determined by the director of development and permits, or designee, that adequate alternative parking is available.

H.

Noise and other impacts. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, smoke, fumes, odors, or is dangerous or otherwise detrimental to persons in the home or on adjacent property.

I.

Storage of commercial vehicles. The storage of commercial vehicles shall be subject to the requirements of section 6-2003 of this ordinance.

J.

Signage. The display of signs shall be subject to the requirements of section 14-700 et seq. of this ordinance.

K.

Hair salons. In addition to requirements A. through J. above, hair salons that meet the following criteria shall be permitted administratively as a Level I home occupation in a single-family detached dwelling:

(1)

One (1) styling chair shall be allowed on the premises;

(2)

One (1) customer shall be served at a time;

(3)

Hours of operation shall be 6:00 a.m. to 6:00 p.m., Monday through Friday; and

(4)

Owner/applicant shall comply with all requirements of the Chesapeake City Code, Chesapeake Zoning Ordinance and Virginia Code, 1950, as amended.

Any hair salon in any dwelling other than a single-family detached unit shall be considered a Level II home occupation, regardless of whether it meets the above criteria.

(Ord. No. 02-O-006, 1-15-02; Ord. No. 14-O-119, 9-23-14; Ord. No. 24-O-088, 8-20-24)

Editor's note— Ord. No. 02-O-006, adopted January 15, 2002, repealed and reenacted § 14-301 to read as herein set out. Formerly, § 14-301 pertained to general restrictions and derived from original codification.

A.

Home occupations requiring a conditional use permit. Certain home occupations, because they rely heavily on customer trade and have potentially adverse impacts on neighboring uses, require a conditional use permit to operate within a lawfully existing dwelling on residential or agricultural property. These include the following:

1.

Home occupations permitted under section 14-301, which do not meet one or more of the standards of operation set out in subsections A—K above.

2.

Home occupations conducted wholly or partially outside the dwelling unit or within an accessory building.

3.

Professional offices involving customer or client visits or daily (Monday—Saturday) delivery of materials, supplies or products to the premises.

4.

Schools, tutoring, music lessons, voice lessons, or similar teaching or training services where more than one student attends class or is given instruction at any one time.

5.

Child-care establishments requiring state licensing or structural changes to the home under the Virginia Uniform Statewide Building Code.

6.

Repair or servicing of small internal combustion engines containing no more than one piston cylinder used in lawn mowers, edgers, hedge trimmers, power saws and similar yard maintenance equipment.

7.

Bed and breakfast establishments located within a local historic overlay district approved by city council, provided that all such establishments meet the criteria in section 13-1600 of this ordinance.

8.

Massage therapy establishments and massage therapists must comply with all requirements of section 38-61 et seq. of the City Code.

9.

Riding or boarding stables and kennels in the A-1 agricultural district only.

10.

Home occupations involving on-premises retail sales and personal services that generate customer visits or daily delivery (Monday—Saturday) of materials, supplies or products to the premises.

11.

Home occupations with one employee not residing on the premises. No more than one such employee shall be permitted.

12.

Small contracting businesses in the A-1 agricultural and RE-1 residential estate districts in strict conformance with the provisions in section 14-302.C. below.

B.

Level II home occupations, standards of operation.

1.

The home occupation shall be clearly incidental and subordinate to the residential use of the property. In no case shall the area devoted to sales, storage, display or conduct of such home occupation exceed twenty-five percent (25%) of the gross floor area of the residence or such smaller area as may be stipulated by city council. Any outside area devoted to or used in the home occupation shall be clearly depicted on the approved site plan.

2.

All permitted customer visits and deliveries to the property shall be limited to the period between 8:00 a.m. and 6:00 p.m., Monday through Saturday, unless otherwise specified by city council.

3.

Sufficient off-street parking, as determined by the director of development and permits, or designee, shall be provided. Such spaces shall be in addition to those otherwise required for the residential use of the property and shall be located consistent with the parking for residential uses. City council may stipulate landscaping or screening requirements for parking in accordance with section 19-608 of this zoning ordinance.

4.

The nature, type and extent of services to be offered or items to be displayed, stored or sold shall be specifically stipulated by city council in authorizing the conditional use permit.

C.

Small contracting businesses. The city council may authorize, by conditional use permit, small contracting businesses operated as home occupations in the A-1 agricultural and RE-1 residential estate districts only, in accordance with the following standards:

1.

For purposes of this section, small contracting businesses engaged in the construction, alteration, or repair of buildings; installation and servicing of heating, cooling and electrical equipment, flooring, painting, plumbing, roofing and tiling; installation or maintenance of landscaping; well-drilling; or any other contracting use deemed by the zoning administrator to be similar in terms of type, scale, and impact to those listed herein. This subsection shall not be construed to require a conditional use permit for administrative offices of such businesses as authorized and conducted in accordance with the provisions established in section 14-301; nor shall this subsection be construed to permit business operations which involve on-site manufacturing or processing of products or materials used, stored or sold in the conduct of such business.

2.

No conditional use permit application shall be granted unless, in addition to meeting the criteria for granting conditional use permits set out in article 17 of this zoning ordinance, the property meets the following minimum standards (the Chesapeake Health Department may require larger lots, widths, and setbacks necessary for adequate sewage disposal):

a.

Minimum lot size shall be prescribed by the underlying zoning district.

b.

Minimum front yard setbacks for accessory buildings and approved outside storage areas shall be one hundred fifty (150) feet from all public streets bordering the property. This setback distance may be reduced up to a minimum setback of fifty (50) feet if approved by city council with landscaping to screen the building or outside storage from view from all public streets.

c.

Minimum side and rear yard setbacks for all accessory buildings and approved outside storage areas shall be thirty (30) feet.

d.

A four (4) foot high landscaped berm with a 3:1 slope and a two (2) foot wide top area shall be installed between the small contracting business and any existing dwelling unit located within five hundred (500) feet of any building on the lot on which the home occupation is conducted. Such berm at a minimum shall be equal in length to the side of any building used in the home occupation that faces the existing dwelling unit. This berm requirement may be waived by city council if existing or proposed trees or other vegetation are determined to provide comparable screening.

e.

Any approved parking, loading or outside storage area located between any building used in the home occupation and any public street bordering the property shall be effectively screened from view from all public streets by a vegetated landscaped buffer approved by the city council.

f.

All approved parking, loading and outside storage areas associated with the small contracting business shall be effectively screened from view from adjacent properties by landscaping and appropriate wooden and masonry fencing materials approved by the city council.

g.

Unless otherwise stipulated by city council in granting the conditional use permit, the areas covered by all buildings and structures used primarily in connection with the small contracting business shall not exceed a total of one thousand (1,000) square feet.

h.

Unless otherwise stipulated by city council in granting the conditional use permit, the areas covered by any outside storage associated with the small contracting business shall not exceed a total of one thousand (1,000) square feet.

3.

The use of accessory buildings and the maximum number of employees not residing on the premises must be expressly approved by city council in the issuance of the conditional use permit.

4.

The location and extent of all commercial vehicle parking, loading and outside storage areas must be expressly approved by city council in the issuance of the conditional use permit. Approval shall be specific as to type, size and number of commercial vehicles and pieces of equipment. In no event shall more than two (2) commercial vehicles and two (2) pieces of equipment used in the small contracting business be operated from, or parked on, the property at any time. Small transportable equipment including lawn mowers; chain saws; power hand tools; table, band or radial arm saws; and similar items approved by the zoning administrator shall be exempt from this restriction.

(Ord. No. 02-O-006, 1-15-02; Ord. No. 04-O-030, 2-17-04; Ord. No. 17-O-081, 11-21-17; Ord. No. 24-O-088, 8-20-24)

Editor's note— Ord. No. 02-O-006, adopted January 15, 2002, repealed and reenacted § 14-302 to read as herein set out. Formerly, § 14-302 pertained to limitations on uses permitted as home occupations and derived from Ord. No. 94-O-257, adopted December 20, 1994, and Ord. No. 01-O-053, adopted June 20, 2001.

Notwithstanding anything to the contrary in this ordinance, the following uses are specifically prohibited as home occupations:

1.

Reserved.

2.

Tattoo parlors, as defined in section 3-403 of this ordinance.

3.

Any use associated with the repair or servicing of internal combustion engines with the exception of those authorized by a conditional use permit under section 14-302(A) above.

4.

Motor vehicle engine and body repair, renovation, or painting.

5.

Tow truck service, including parking of tow trucks on the premises.

6.

Junkyards, automobile graveyards and tow truck storage yards, as defined in section 19-51 of the city code.

7.

Solid waste management facilities, as defined in section 62-86 of the city code.

8.

Used or new motor vehicle sales.

9.

Riding or boarding stables or kennels, except in the A-1 agricultural district when authorized by city council by conditional use permit under section 14-302.A.10 above.

10.

Veterinary clinics or hospitals.

11.

Funeral chapels, funeral homes or crematoriums.

12.

Restaurants, clubs or drinking establishments.

13.

Sexually oriented businesses as defined in section 13-1102 of this ordinance.

14.

Manufacturing or processing.

15.

Other activities and land uses which the zoning administrator determines to be substantially similar in character, nature, intensity or impact to the activities listed above.

The foregoing list shall not be deemed exhaustive of prohibited home occupations.

(Ord. No. 02-O-006, 1-15-02; Ord. No. 04-O-030, 2-17-04)

One (1) wind turbine may be placed on an individual lot as an accessory structure in the RE-1, A-1, zoning districts in accordance with the following:

1.

Minimum lot size: Three (3) acres.

2.

Maximum height: A freestanding turbine one hundred twenty (120) feet. A roof-mounted turbine shall be subject to the maximum height for the underlying structure.

3.

Setback from right-of-way and property lines:

a.

Right-of-way: The turbine shall not be placed in the established front yard.

b.

Property lines: The turbine shall be set back from all property lines a distance equal to the height of the turbine plus three (3) feet.

4.

Construction: Guy wires shall be prohibited.

(Ord. No. 10-O-043, 5-25-10)

1.

Wind turbines may be placed on an individual building in accordance with the following:

a.

Maximum height: Ten (10) feet for roof mounted.

b.

Construction: Roof-mounted only.

2.

One (1) freestanding wind turbine may be constructed on one (1) lot in the M-1, M-2 and M-3 zoning districts in accordance with the following:

a.

Maximum height: One hundred twenty (120) feet.

b.

Setbacks: Prohibited in the established front yard and shall be set back from all property lines a distance equal to the height of the turbine plus three (3) feet.

(Ord. No. 10-O-043, 5-25-10)

Each wind turbine permitted in sections 14-401 and 14-402 shall comply with the following requirements:

1.

No signage shall be posted or displayed on any turbine, except safety or warning signs. Foot pegs and rungs used for climbing on a freestanding tower shall be removed or otherwise disabled below a height of twelve (12) feet.

2.

No turbine shall be illuminated unless required by the Federal Aviation Administration (FAA).

3.

All turbines shall be equipped with a redundant braking system in accordance with the manufacturer's specifications to protect the turbine from wind damage. Prior to issuance of a permit, the applicant shall provide such information as required by the director of development and permits, or designee, to evaluate the structural integrity of the proposed turbine and potential interference with military and communications systems.

4.

Except as required by the FAA, turbines shall have a non-reflective surface and have a galvanized finish and be a non-obtrusive color such as white, off-white or gray.

5.

A turbine that is not in use for a period of one (1) year shall be removed within ninety (90) days from the date of notification by the director of development and permits, or designee.

6.

A turbine shall not be permitted in NSA Northwest Annex ROTHR EMI restricted or in the Audubon Important Bird Area for the Great Dismal Swamp.

7.

Installation and design of the wind turbine shall conform to applicable industry standards, including those of the American National Standards Institute.

8.

Electrical lines shall be placed underground unless otherwise approved by the director of development and permit, or designee.

9.

A turbine that cannot satisfy the applicable requirements shall be prohibited unless City Council approves a conditional use permit specifically for the turbine in accordance with article 17.

(Ord. No. 10-O-043, 5-25-10)

A.

Shown on site plan. The location and dimensions of all trash receptacle areas shall be shown on any site plan for a site.

B.

Screening. All trash receptacles shall be screened from view from any public right-of-way and from property zoned or used for residential purposes, whether by:

1.

Storage inside a building; or

2.

Enclosure within a landscaped buffer approved by the planning director or planning commission, as may be applicable; or

3.

Enclosure within opaque materials which are architecturally compatible with the building which the receptacle services.

C.

Location outside required yards. No trash receptacle areas may be located in any required yard.

Except as provided below, radio, television, satellite dish and other communication towers and antennas used as accessory structures shall comply with the requirements of this article regarding accessory structures.

(Ord. No. 96-O-139, 9-10-96)

A.

Location in industrial zoning district. Communication towers and antennas used as accessory structures may exceed the height of the principal structure, up to a maximum height of fifty (50) feet, measured from the grade where the principal structure is located, provided that (1) the property on which the principal structure and the tower or antenna are located is zoned M-1 light industrial or M-2 general industrial district, and (2) the tower or antenna complies with the minimum setbacks set out in section 13-603 of this ordinance.

B.

Granting of conditional use permit. Such towers and antennas may exceed fifty (50) feet in height if a conditional use permit is granted as provided for in sections 13-604 and 19-205 of this ordinance.

C.

Amateur radio communications antennas. Pursuant to the declaratory ruling issued by the Federal Communications Commission (FCC), referred to as PRB-1, which sets out that there is a strong federal interest in supporting amateur radio communications capable of assisting in national and local emergencies, and because of the unique value of the network of amateur radio communications facilities in providing alternative means for obtaining needed assistance and support in times of public emergency, no zoning limitation is placed upon the height of the antennas for those facilities which are constructed as an accessory use and structure to a residence. All such facilities and antennas shall be required to comply with all applicable state and federal laws and regulations governing their operations.

(Ord. No. 96-O-139, 9-10-96)

The purpose of the following provisions of this ordinance regarding signs is to create the legal framework for a comprehensive but balanced system of signs and sign graphics and thereby to facilitate harmonious and effective communication between people and their environment and to alleviate the proliferation of signs that are detrimental to the visual environment and economic vitality of Chesapeake. With this purpose in mind, it is the intention of this ordinance to authorize the use of signs which are: compatible with their surroundings; appropriate to the type of activity to which they pertain; legible in the circumstances in which they are seen; and protective of the public's health, safety and welfare. Any provision of this ordinance or any other provision in the City Code or zoning ordinance which contains content-based regulations must further a compelling governmental interest and be narrowly tailored toward achieving that interest or it shall not be enforced by the city.

(Ord. No. 17-O-082, 11-28-17)

A.

The city council finds that a more comprehensive set of standards regulating the erection of signs within the city is necessary in order to promote public safety and convenience; to ensure clear and effective communication to the traveling public through appropriate and properly placed signage; to prevent traffic hazards and promote visibility along streets and highways; to ensure the protection of property values, the character of various neighborhoods, the creation of a convenient, attractive and harmonious community, and protection against the destruction of or encroachment upon historic areas; to provide for greater compatibility among signs and prevent visual interference and erosion of the city's landscape from competing signs and to protect the visual integrity and use patterns of residential communities within the city. This article allows adequate communication through signage while encouraging aesthetic and structural quality in the design, location, size and purpose of all signs. This article shall be interpreted in a manner consistent with the First Amendment guarantee of free speech. If any provision of this article is found by a court of competent jurisdiction to be invalid, such finding shall not affect the validity of other provisions of this article that can be given effect without the invalid provision.

B.

Signs not expressly permitted as being allowed by right or by conditional use permit under this article, by specific requirements in another portion of this chapter, or otherwise expressly allowed by the city council are forbidden.

C.

A sign placed on land or on a building for the purpose of identification, protection or directing persons to a use conducted therein shall be deemed to be an integral but accessory and subordinate part of the principal use of land or building.

D.

These regulations do not regulate every form and instance of visual speech that may be displayed anywhere within the jurisdictional limits of the city. Rather, they are intended to regulate those forms and instances that are most likely to meaningfully affect one or more of the purposes set forth above.

Accordingly, the following standards regulating the size, color, illumination, movement, materials, location, height and condition of all signs placed on private property for exterior observation are hereby adopted. This article shall be interpreted in a manner consistent with the First Amendment guarantee of free speech.

(Ord. No. 17-O-082, 11-28-17)

Abandoned sign.

a.

A sign located on a site where a business, lessee, service, owner, product or activity has not operated on the lot for two (2) years or longer.

b.

A sign structure which has functioned solely as a support for a sign and on which no sign graphic has been displayed for a period of two (2) years or longer.

Attached sign. A sign which is attached to a building or other independent structure erected for purposes other than, or in addition to, containing the sign. Wall signs and projecting signs are attached signs.

Banner sign. A sign constructed of plastic or fabric of any kind that is attached to supports, a framework or a flat surface.

Billboard sign. A detached or attached sign, including the supporting sign structure, which directs the attention of the general public to an establishment, business, profession, product, service, message, entertainment, or attraction sold, offered, created, furnished, or conducted at a location other than the premises on which the sign is erected. Billboard signs were formerly referred to as "outdoor advertising signs" by this Code.

Board of zoning appeals. That reviewing authority appointed by the circuit court to review variance appeals and other such delegated responsibilities associated with the enforcement of the city's zoning ordinance.

Box or cabinet signage. A sign incorporating a rigid frame, which supports and retains a sign face panel that is illuminated by an internal light source.

Commercial/industrial center.

a.

A collection of buildings, located on property zoned for business, office-institutional or industrial uses, where two (2) or more of the buildings are connected to each other by means of common walls; or

b.

Two (2) or more detached buildings, located on property zoned for business, office-institutional or industrial uses, which share a common parking area; or

c.

A single such building, located on property zoned for business, office-institutional or industrial uses, which contains two (2) or more separate establishments (as defined below).

Commercial/industrial park. A collection of two (2) or more detached buildings, located on a single lot or on adjoining lots zoned for business, office-institutional or industrial uses, which are part of a unified development or subdivision plan which contains:

a.

An interior public street on which each of the buildings or building lots has direct frontage; and

b.

Separate parking facilities for the buildings or commercial/industrial centers located within the park.

(A commercial/industrial center may be located within a commercial/industrial park.)

Community entrance sign. A freestanding sign located at the vehicular entrance to a community from an offsite public street.

Development, construction and sales signs. A freestanding sign located on development, construction and sales sites that are under active construction. For purposes of this definition, active construction shall include sites for which a final certificate of occupancy has not been issued.

Erect. To build, construct, attach, hang, place, or suspend a sign; or to modify a sign in a manner which alters its structural dimensions or its sign graphics. This term includes any painting of a sign which alters its sign graphics, but it shall not apply to the changing of sign graphics, as defined below, on a message board or billboard.

Establishment. Any business, institutional, professional or religious entity which provides products or services; or any apartment, condominium, cluster home, townhouse-for-sale or similar project. Only an entity which occupies a separate business space which is enclosed by walls and accessed and secured separately will be considered a single establishment. Any apartment, condominium, cluster home, townhouse-for-sale or similar project under single management or association will be considered a single establishment unless located on noncontiguous lots, in which case each noncontiguous grouping will be considered a separate establishment for purposes of this ordinance.

Festoons. Materials or devices, whether or not they contain printed material, which are attached to real or personal property with the purpose or effect of attracting public attention to an object or site. Festoons include pennants, balloons, ribbon, tinsel, inflatables and other similar materials, regardless of size. Festoons are deemed to be signs.

Flag sign. Any generally rectangular or triangular sign or part of a sign made of fabric or other pliant material attached to a flagpole only along one (1) side and which predominately displays distinctive colors, images, shapes, or designs rather legible words, letters, numbers, or other linguistic characters.

Flashing sign. A sign having a sign graphic which contains: (a) an intermittent or sequential light source that pulsates, causing the sign graphic to turn on and off or to become intermittently brighter and darker; or (b) illuminated sign graphic which changes at intervals of less than twenty (20) seconds.

Freestanding sign. A sign which is attached to the ground and which is not attached to or supported by a building or other independent structure shall be considered a freestanding sign. Freestanding signs shall include monument and ground mounted signs and all such signs shall have the following characteristics:

a.

The sign either has no space between the sign face and the ground or is supported by a base, the width of which is at least two-thirds (⅔) the width of the sign face.

b.

If the sign face is supported by a base, the sign face sits directly on the base or is separated from the base by a space of not more than eighteen (18) inches.

Frontage, building. The area of an outside building wall facing a public right-of-way or facing the area from which the principal public entry into the building occurs. For purposes of this ordinance, only the area of one (1) exterior wall shall be considered in computing building frontage.

Gas pump sign. A sign affixed to a functional gasoline pump.

Ground sign. A freestanding sign, other than a monument sign, located at the entrance of a multi-family use or commercial establishment placed upon or supported by the ground independently of any other structure.

Height, sign. The vertical distance measured from the approved grade for the lot as set out in the approved site plan for the property to the highest point of the sign. If no approved site plan exists for the lot, then such distance shall be measured from the established grade for the lot as determined by the zoning administrator.

Illegal sign. A sign which was erected without a required permit or which otherwise does not meet the requirements of this ordinance and which has not received legal nonconforming status.

Lot. A portion or parcel of land considered as a unit.

Message board. A sign or portion of a sign containing moveable and changeable sign copy. This definition includes, without limitation, electronic message boards, which are defined as signs or portions of signs that use changing lights to form a sign message or messages wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes.

Mural. Visual illustration that is either projected with light or painted onto the wall of a building that intends to beautify or enhance the character of the surrounding community. Murals shall not include commercial logos or trademarked symbols; or pictures, symbols or devices that relate to a commercial business, product or service offered on the premises where the wall is located.

Nonconforming sign. A sign which was permissible under the provisions of the zoning ordinance existing at the time of its erection, but which does not conform to the regulations and restrictions subsequently prescribed through amendment to the ordinance.

Portable sign. Any sign designed and intended to be transported or movable, including but not limited to:

a.

Signs with wheels or with wheels removed.

b.

Signs with chassis or support constructed without wheels.

c.

Signs designed to be transported by trailer, wheels, or boats.

d.

Signs attached temporarily to the ground, structures, or other signs.

e.

Signs mounted on a motor vehicle or boat parked off the public right-of-way or shore, except when the motor vehicle or boat is being used in the normal, routine operations of the business.

f.

Signs mounted on, attached to or held by a person; provided that such signs may be permitted in the right-of-way if the person holding or transporting the sign is lawfully in the right-of-way pursuant to City Code section 66-17 and other applicable laws and ordinances.

Projecting sign. A sign attached to and projecting more than fifteen (15) inches from a building wall or a sign attached to a permanent roof-like structure projecting more than fifteen (15) inches from a building wall. Notwithstanding, all projecting signs shall meet the minimum regulations of the Virginia Uniform Statewide Building Code.

Public service sign. A sign erected and maintained by public officials or public agencies, or approved and authorized for use by federal, state or local authorities that is either related to public safety or provides notification of open meetings in which public business will be conducted.

Roof sign. An attached sign which is erected to project upward above the roof of the building, unless the sign is located on a parapet wall that is no less than two-thirds (⅔) of the frontage of the building. Any sign located on a parapet wall that is at least two-thirds (⅔) the length of the building frontage shall be attached below the lowest elevation of that parapet wall.

Sandwich board sign. A sign consisting of two (2) sign faces placed together at an angle of ninety (90) degrees or less to form an "A" shape which tapers from a wide base to a narrow top. Such signs shall be made primarily of wood, wood composite or metal and have a weather resistant finish. Incorporated inserts must contain a fixed message or be made out of chalkboard, dry eraser board, or similar material.

Seasonal decorations. Displays related to and erected on a seasonal basis in observance of religious, national, or state holidays which are not intended to be permanent in nature.

Setback. The distance between a sign and the adjacent lot line, street or right-of-way. Measurement of the setback distance shall be made from the point of the sign nearest the adjacent lot line, street or right-of-way. Where property has been reserved for the purpose of future construction of a public street, right-of-way or other public facility, measurement shall be made from the nearest point of the reserved property; provided, however, that the setback from the street may be measured from the existing right-of-way line if the owner agrees, in a written instrument made binding on all subsequent owners, that the owner or successor shall relocate the sign and be responsible for all relocation costs in the event that the street is subsequently widened.

Settlement. Delivery of a fully executed deed to the buyer or tenant.

Sign. Any object, device, display, or structure, or part thereof, visible from a public place, a public right-of-way, any parking area or right-of-way open to use by the general public, any navigable body of water, or any adjoining property, which is designed and used to announce, direct attention to, identify, advertise or otherwise make anything know in relation to an institution, organization, business, product, message, service, event or location by any means involving any letter, word, numeral, figure, device, emblem, logo, pictorial presentation, illustration or decoration, symbol or trademark, flag, festoon or banner or any combination thereof. Unless the context clearly indicates otherwise, the term "sign" as used in this ordinance shall be deemed to include the components of such sign, including: the sign graphics; the sign area; the sign face; the placard, device, structure or fixture on which the display appears; and any support structure constructed for the purpose of supporting the display, regardless of whether any display is on the structure.

Sign area. That area within a line which forms a complete geometric shape which encompasses the outer extremities of all the sign graphics of an individual sign or that area within a line which encompasses the outer extremities of the sign framework or background on which the sign graphics appear, whichever line includes the larger area. The support for the sign background, whether it be columns, a pylon, a building or part thereof, shall not be included in the sign area and shall not be used to provide information or identification. When two (2) sign faces are back to back and not more than twenty-four (24) inches from each other at all points and when the sign graphics are identical on both sign faces, only one (1) face shall be included in the computation of sign area; otherwise, each sign face shall be included in the computation of sign area. The sole exceptions shall be in the cases of (a) temporary signs, in accordance with section 14-704(H)(3) below and (b) billboard signs, for which sign area computation shall be governed by section 14-706(C) below.

Sign copy. Sign graphics consisting of letters, words, numerals and related symbols which convey information.

Sign face. Any side of a sign which contains sign copy or sign graphics.

Sign graphic. Any letter, word, numeral, figure, device, emblem, trademark, logo, pictorial presentation, illustration, decoration or symbol or any combination thereof located on a sign.

Snipe sign. A sign of any material whatsoever that is attached in any way to a communication tower, utility pole, fence post, tree, city traffic sign post, signal cabinet, mast arms or a similar object located or situated on public or private property.

Temporary sign. A sign not permanently mounted to a building or into the ground. To be deemed permanently mounted, a sign must be (a) attached or secured by bolting, welding, molding, nailing, concrete or similar mechanisms; and (b) made of materials enabling the sign to maintain its structural integrity and the clarity of its graphics through the passage of time and weather. Signs attached by rope, string, chain, tape, paste and similar mechanisms; signs not rigidly attached to a supporting structure; signs made of paper, cloth and similar materials; and signs that are pushed, hammered or similarly put in the ground are presumed to be temporary signs. No such signs shall be permitted in any public right-of-way.

Tract. A land area developed or to be developed as a unit under single or unified control which is to be used for any business or industrial purpose or is to contain three (3) or more residential dwelling units.

Wall sign. A sign attached to and erected parallel to the face of a building or erected or painted on the outside wall of a building and supported throughout its length by such wall or building and not extending more than fifteen (15) inches from the building wall.

Window sign. A wall sign which is placed inside or upon a window and which is intended to be seen or actually is seen from the exterior of the building.

Yard sign. A temporary sign placed upon or supported by the ground independently of any other structure on property zoned or used for residential purposes. Yard signs shall not include sandwich board signs.

Zoning administrator. The city official designated to interpret, apply and enforce the terms of the zoning ordinance. Unless otherwise specifically stated, all references to the zoning administrator shall also include any designee of the zoning administrator.

(Ord. No. 98-O-118, 8-18-98; Ord. No. 07-O-168, 10-16-07; Ord. No. 08-O-064, 5-20-08; Ord. No. 10-O-127, 10-19-10; Ord. No. 16-O-052, 5-17-16; Ord. No. 17-O-082, 11-28-17; Ord. No. 18-O-003, 1-23-18; Ord. No. 18-O-028, 3-20-18; Ord. No. 20-O-029, 3-17-20; Ord. No. 22-O-017, 2-15-22; Ord. No. 22-O-104, 10-18-22)

The following table describes and classifies each of the sign types defined in the chapter which meet more than one definition.*

(Ord. No. 18-O-028, 3-20-18; Ord. No. 22-O-017, 2-15-22)

Note— Depending on available technology, many of the sign types identified in this table may also meet the definition of flashing signs or illuminated signs.

General requirements apply to all signs and are in addition to the regulations contained elsewhere in this ordinance.

A.

Table of basic design elements. A table of basic design elements for signs is hereby attached to and made a part of this ordinance. Any sign which is erected, displayed or structurally altered or reconstructed shall be in conformance with the applicable provision of the table of basic design elements, except as otherwise specified elsewhere in this ordinance. However, when only a sign graphic is altered, only the new graphic shall be required to conform to the requirements for sign graphics in this ordinance.

TABLE OF BASIC DESIGN ELEMENTS

TABLE A—PERMANENT SIGNAGE

Note: Unless otherwise stated in the text of this ordinance, the table above provides standards for permanent signs. The table above does not provide an exhaustive list of the standards required for signs under this ordinance. Consult the text of the ordinance for all applicable standards.

TABLE B—TEMPORARY SIGNAGE

Note: Unless otherwise stated in the text of this ordinance, the table above provides standard for temporary signs. The table above does not provide an exhaustive list of the standards required for signs under this ordinance. Consult the text of the ordinance for all applicable standards.

B.

Permit requirement. Unless a sign is specifically exempted from a permit requirement by the other provisions of this ordinance, no person shall erect, alter, repair, relocate or modify any sign without first obtaining a permit for such work from the zoning administrator of the city.

C.

Permitted signs; general types; sign areas; and heights.

1.

Freestanding signs, wall signs, offsite signs, temporary signs and projecting signs are the only signs permitted as regulated by this ordinance.

a.

Unless otherwise provided elsewhere in this ordinance, the sign area allowed for any freestanding sign, up to the maximum prescribed in the table of basic design elements, shall be based upon the lot frontage of the premises on which the sign is erected along the street where the sign is placed, in accordance with the following formula: one (1) square foot of sign area for every one (1) foot of lot frontage.

b.

Unless otherwise provided elsewhere in this ordinance, the sign area allowed for any wall sign or projecting sign, up to the maximum prescribed in the table of basic design elements, shall be based upon the building frontage along the street (or along the area where the principal public entry into the building occurs) where the sign is placed, in accordance with the following formula: one (1) square foot of sign area for every one (1) foot of building frontage.

c.

With the exception of temporary signs, all freestanding signs shall be ground mounted signs.

d.

Unless otherwise provided elsewhere in this ordinance, all signs and displays shall comply with the respective tables for permanent and temporary signs, setback and other related requirements of this ordinance.

2.

The maximum sign area for a free standing sign located on the same parcel as a regional shopping mall shall be two hundred twenty-five (225) square feet. The minimum setback from existing public right-of-way shall be fifteen (15) feet. This provision shall supersede any other applicable maximum sign area and setback requirements.

D.

Street address.

1.

The street address shall be required to appear on every building constructed in the city. In the case of commercial and industrial buildings, such address shall appear on the freestanding sign erected for any such building. In the case of commercial/industrial centers and parks, the address of the center or park shall appear on the freestanding sign. Where there is no freestanding sign, the address shall appear on the wall of the building. In the case of residential buildings, the address shall appear on the wall of the building or on a lawfully permitted front yard structure.

2.

Letters/numbers for the street address are to be no larger than twenty-four (24) inches and no less than six (6) inches in height (four (4) inches for residential dwelling units). The portion of any sign displaying the street number shall not be deemed a part of the sign for purposes of measuring the sign area of such sign.

3.

All street addresses shall be in compliance with chapters 14 and 70 of the City Code, the Standard Operating Procedures for Addressing manual, as amended, and the requirements of the director of planning or designee.

E.

Freestanding signs; multiple frontages.

1.

Any establishment or commercial/industrial center shall have not more than one (1) freestanding sign, unless such establishment or center has multiple frontages, as set out below. An establishment which is part of a commercial/industrial center may not have an independent freestanding sign in addition to the freestanding sign allowed for the center, except as provided for in subsection 14-705(A)(2)(c) below.

2.

If an establishment or a commercial/industrial center has frontage on two (2) or more public rights-of-way, each frontage of the building is to be separately considered for purposes of determining compliance with the provisions of this ordinance and of the table of basic design elements, subject to the following conditions:

a.

An establishment or center may have up to two (2) freestanding signs, provided that each sign is erected along a different street frontage.

b.

Where such an establishment or center has three (3) or more street frontages, up to three (3) freestanding signs may be erected, provided that each sign is erected along a different street frontage and each sign is a minimum of five hundred (500) feet, measured in any direction, from each of the other signs.

F.

Establishments having one or more drive-through lanes. In addition to other permitted signs, establishments having one or more drive-through lanes may have one (1) freestanding sign per service lane, regardless of whether those lanes later merge into each other at the service windows, provided that the following provisions are met:

1.

The area of the freestanding sign does not exceed sixteen (16) square feet when located in a required front yard.

2.

The area of the freestanding sign does not exceed thirty-six (36) square feet if located in the established front yard or fifty-seven (57) square feet when located in an established side yard or established rear yard.

3.

The maximum height in a required front yard is six (6) feet for a freestanding sign and is in accordance with the table of basic design elements for wall or projecting signs.

4.

The maximum height in an established front, established rear and established side yard is nine (9) feet for a freestanding sign and is in accordance with the table of basic design elements for wall or projecting signs.

G.

Message boards.

1.

In general. Message boards may be erected as part of a permitted freestanding or wall sign, subject to the following requirements:

a.

The sign area of the message board may cover up to a maximum of fifty (50) percent of the total sign area authorized for the sign of which the message board is a part.

b.

Except as otherwise provided for electronic message boards, the individual letters or numbers of the message board sign copy shall be made of durable plastic, metal or other similar material and shall be firmly secured to the sign face.

2.

Electronic message boards. In addition to the area requirements set out above, electronic message boards shall also comply with the following:

a.

The message visible on such boards at any one time may change not more than every twenty (20) seconds. Each change in the message visible at any one time on a message board, even when the change is to a message previously displayed on the message board on the same day, shall be counted toward this maximum.

b.

There shall be no sense of motion when the message is displayed or when the message changes. The entire message shall turn on or off as a single entity.

c.

The message shall not roll on or off the sign face.

d.

The message shall not turn on or off by the random illumination or extinguishing of lights within the sign face.

H.

Temporary signs.

1.

Excepting public service signs, no temporary signs shall be placed in the public right-of-way. Temporary signs and displays may be allowed in a certain configuration, size, quantity, and for a particular duration of time on private property subject to the rules set forth by this ordinance. No permit shall be necessary for temporary signs. Unless specifically exempted, all signs and displays shall comply with the table for temporary signs and shall further comply with the setback and other related requirements of this ordinance which apply to permitted permanent signs erected on the site.

a.

Special sign displays used for purposes of advertising the opening of a new store, business or profession. Such displays may be erected for a period of up to thirty (30) days. Such displays may include the following: the use of additional signage, including pennants, balloons and similar materials, equal to twice the sign area normally permitted for the site. No off-site signs shall be authorized under this section.

b.

Special sign displays for a special sale or similar event occurring at an establishment. Such displays may be erected up to a maximum of two (2) times in any calendar year, for a period of up to fifteen (15) days each time. The permitted temporary signage shall be the same as that set out in subsection (a) above. Where such a display is erected for a commercial/industrial center or park for a center or park activity, the display shall be deemed a display of each of the establishments in the center or park. For new and used motor vehicle dealerships, signs shall not be placed for longer than seven (7) days per special sale or similar event.

c.

Signs advertising the holding of an auction at the site of the home or establishment where the goods to be auctioned normally have been kept. The signs authorized shall be the following: (i) one (1) on-site sign, up to a maximum of thirty-two (32) square feet in sign area and eight (8) feet in height; (ii) up to a maximum of three (3) off-site directional signs, up to a maximum of four (4) square feet in sign area and four (4) feet in height. Such signs may displayed for up to forty-five (45) days prior to the holding of the auction, and shall be removed within ten (10) days of the holding of the auction.

d.

Temporary signs for sales events may be placed at new and used motor vehicle dealerships in accordance with the following:

i.

The placement of temporary signs for sales events shall be limited to the following holidays: New Year's Day, Martin Luther King, Jr. birthday, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, and Christmas Day.

ii.

Signs may only be placed for up to a period of seven (7) days: three (3) days before a holiday and three (3) days after the same holiday.

iii.

Temporary signs shall only be placed on the property on which the new or used motor vehicle dealership is located. Nothing in this section shall be construed to permit any sign to be placed on public right-of-way.

2.

The zoning administrator, at the administrator's discretion, may require a specific site plan and other information as part of the information to be provided to the administrator and may require the person responsible for the display to modify the display, if the administrator determines that the proposed arrangement of the temporary signage poses traffic or related safety problems.

3.

Miscellaneous permitted temporary signs. Subject to the other applicable terms and conditions of this ordinance, the following temporary signs shall only be subject to the durational limits provided in the tables for temporary signs if specifically stated below.

a.

Official notices posted or displayed by or under the direction of any public or court officer in the performance of his official or directed duties; provided that all such signs shall be subject to the durational limits put forth in the tables for temporary signs.

b.

Up to four (4) flag signs per parcel, provided that no freestanding pole shall be erected in the public right-of-way nor be within five (5) feet of a service drive, travel lane or adjoining street. If the property on which the flag is placed abuts a road with a speed limit of twenty-five (25) miles per hour or less, then the maximum cumulative area of all flags shall be sixteen (16) square feet in size. If the property on which the flag is placed abuts a road with a speed limit greater than twenty-five (25) miles per hour, then each flag may be up to sixteen (16) square feet in size and the maximum cumulative area of all flags shall be sixty-four (64) square feet in size.

c.

Seasonal displays and decorations; provided that all such signs shall be subject to the durational limits put forth in the tables for temporary signs.

d.

Sandwich board signs shall be permitted in the business, assembly center, office and institutional and industrial districts. Each business, assembly or group shall be entitled to one (1) sign per establishment. All such signs shall not exceed four (4) feet in height or six (6) square feet per sign face and shall not be artificially illuminated. In addition, all such signs shall be more than fifty (50) feet from the nearest public right-of-way or shall meet all of the following requirements:

i)

The sign does not block any sidewalk and maintains a travel width of at least eight (8) feet on public sidewalks; and

ii)

The sign is placed no farther than two (2) feet from the facade and five (5) feet from the primary entrance of the establishment that has placed the sign; and

iii)

The sign shall only be allowed during the hours in which the business, group or assembly that is the subject of the sign is open; and

iv)

No merchandise or other material shall be placed on or hang from any such sign.

e.

Temporary signs affixed to or clearly visible through windows or doors in commercial or industrial establishments are permitted, provided no individual temporary sign shall exceed twelve (12) square feet in sign area. For purposes of this provision, an individual temporary sign shall equal the sign area in one (1) window panel.

f.

Yard signs. Yard signs shall be permitted on property used or zoned for residential purposes if said signs comply with the following:

i)

Setbacks. Yard signs shall be set back ten (10) feet from the edge of the pavement of any public street, or ten (10) feet from the back of curbing where curbing has been installed or one (1) foot behind a public sidewalk if present.

ii)

Yard signs are prohibited from being placed on any improved or unimproved portion of public right-of-way, including but not limited to median areas and sidewalks.

iii)

Yard signs shall be subject to the durational limits put forth in the tables for temporary signs.

g.

Public service signs.

h.

Signs located on property zoned or used for agricultural purposes only at test plot locations under cultivation are permitted if the maximum sign area does not exceed two (2) square feet; provided that all such signs shall be subject to the durational limits put forth in the tables for temporary signs.

4.

If the sign faces of a temporary sign are identical in size and content, only the area of one (1) sign face shall be used in computing the sign's total sign area, provided that the arrangement of the sign faces complies with one of the following requirements: (a) the sign faces are not more than twenty-four (24) inches from each other at any point; or (b) the sign faces are joined at one (1) side, creating a wedge having an angle of not more than twenty-two and one-half (22½) degrees between the sign faces.

I.

Miscellaneous permitted permanent signs. The following permanent signs are permitted and may be erected without a permit, but shall be subject to the requirements of the building code and other applicable law:

1.

Letters less than nineteen (19) inches in height and one (1) inch in thickness carved into or constructed of the same material as the building frontage in such a way that they are an architectural detail of the building, provided that they are not illuminated apart from the building, are not made of a reflecting material and are the same color as the building.

2.

Changing of the copy on a sign used as a freestanding sign at an establishment with drive-through lanes, message board or other similar use, as determined by the zoning administrator.

3.

Changing of the graphics on a legal nonconforming billboard sign.

4.

Home, pavement and mailbox markings. Any sign applied directly to a home, mailbox or entirely to and flush with an asphalt, concrete or similar paved surface; provided that such sign shall not exceed two (2) square feet in sign area and not exceed more than two (2) such signs per residence.

5.

Handicapped parking signs.

J.

Freestanding sign height limitations.

1.

The height limitations established in the table of design elements and in other sections of this ordinance may be exceeded, upon approval by the planning commission, in the following circumstances:

a.

Where the topography or layout of a site or of surrounding sites, the relationship of the site to adjoining rights-of-way, the nature and location of natural vegetation on the site or other factors unique to the property on which a freestanding sign is proposed are such that the freestanding sign height limitations otherwise imposed by this ordinance would create a substantial hardship for the owner of the site by significantly reducing or eliminating the capacity of the sign to provide any meaningful communication to persons off of the property, the planning commission may approve a freestanding sign height of up to a maximum of sixteen (16) feet on such site.

b.

Where any portion of a site is located within two hundred fifty (250) feet of the end of a ramp from an interstate highway or a ramp from a similar major highway cloverleaf pattern, the planning commission may approve a freestanding sign height of up to a maximum of twenty (20) feet on such site.

2.

The maximum height for one (1) free standing sign for a regional shopping mall shall be twenty-five (25) feet. This provision shall supersede any other applicable height limitation, except that all other permitted free standing signs shall comply with the normal maximum height requirements.

(Ord. No. 97-O-100, 8-19-97; Ord. No. 98-O-118, 8-18-98; Ord. No. 07-O-120, 7-17-07; Ord. No. 07-O-162, 10-9-07; Ord. No. 08-O-064, 5-20-08; Ord. No. 11-O-072, 7-19-11; Ord. No. 12-O-049, 5-15-12; Ord. No. 13-O-127, 10-15-13; Ord. No. 16-O-052, 5-17-16; Ord. No. 17-O-082, 11-28-17; Ord. No. 18-O-003, 1-23-18; Ord. No. 18-O-015, 2-20-18; Ord. No. 18-O-028, 3-20-18; Ord. No. 22-O-066, 6-21-22; Ord. No. 22-O-066, 6-21-22; Ord. No. 24-O-079, 7-16-24; Ord. No. 25-O-016, 3-18-25)

A.

Commercial/industrial centers and parks. Each commercial/industrial center and park shall be permitted the following:

1.

Types of signs. Commercial/industrial center or park sign may be a freestanding sign, a wall sign or a projecting sign.

2.

Signage for establishments within a commercial/industrial center or park.

a.

Each establishment having an exclusive and direct public entrance within a commercial/industrial center or park shall be permitted to have wall signs or projecting signs, complying with the table of design elements, along the building frontage where the public entrance exists, but shall be prohibited from having freestanding signs. All other establishments within the center or park shall not have exterior signage.

b.

A movie theater having a wall which faces a street may erect a message board as a wall sign, with a maximum sign area of one hundred twenty (120) square feet.

c.

Freestanding, detached buildings located within an overall commercial/industrial center or park plan, but which (1) contain an independent and physically separated parking lot, (2) are developed under a separate site plan, and (3) have frontage directly bordering a public street, shall not be considered part of a commercial/industrial center or park for signage purposes and may erect freestanding, wall and projecting signs in accordance with the other terms of this ordinance.

3.

Signs within a commercial/industrial center or park. One (1) directory sign shall be permitted for commercial/industrial centers or parks. In addition, offsite directional signs may be placed at each intersection within the center or park; provided that all directional signs must be uniform in design and materials. The directory sign shall be a freestanding ground-based sign and shall comply with the following requirements:

a.

The sign shall have no less than two (2) points of contact with the ground.

b.

The sign is oriented to traffic internal to the center.

c.

For commercial/industrial centers or parks of five (5) acres or more, the sign area shall not exceed sixteen (16) square feet and be no more than six (6) feet in height. For commercial/industrial centers or parks of five (5) acres or more, the sign shall have a maximum sign area of sixty-four (64) square feet and a maximum sign height of twelve (12) feet.

4.

Unless otherwise specified above, the sign area for the above-referenced signs within a commercial/industrial center or park shall be determined in accordance with the provisions of the table of basic design elements.

B.

Gas pump signs. Signs for gasoline supply stations shall comply with the following requirements:

1.

Signs on top of pumps shall be permitted, provided that the sign area does not exceed one (1) square foot.

2.

Gasoline supply stations which are authorized to perform state safety and/or emission control inspections may display a sign, not to exceed ten (10) square feet in sign area. Such sign may be either building-mounted or attached to an existing authorized freestanding sign structure.

C.

Development, construction and sales signs. Signs located on development, construction and sales sites that are under active construction shall be allowed in addition to other permitted signs, provided that the following provisions are met:

1.

Signs located on future sites. A sign not exceeding sixty-four (64) square feet in sign area and eight (8) feet in height may be erected at one (1) entrance on each street frontage of a nonresidential site, at any time after the submittal of a final construction plan for such project. Such sign shall be set back a minimum of fifteen (15) feet from the right-of-way bordering the site. Such sign shall be removed within five (5) days of the issuance of a certificate of occupancy for any activity on the site or immediately upon the erection of a residential development/subdivision sign for the site.

2.

Signs located on construction sites. Each contractor, subcontractor, architect/engineer, financing institution and other related entity involved in the construction of a building or buildings may erect a sign on the site as follows:

a.

Residential developments and subdivisions—Signs at entrances. Individual signs, not exceeding sixteen (16) square feet in sign area and eight (8) feet in sign height, may be erected at one (1) entrance on each street frontage of a residential subdivision or development. All such signs shall be located together within an area not more than thirty (30) feet long and twenty (20) feet wide. Allowed sign areas may be combined into fewer, larger signs, not exceeding sixty-four (64) square feet in sign area and eight (8) feet in height. After certificates of occupancy are issued for eighty (80) percent of the dwelling units authorized under existing final site plans or subdivision plats within the residential development or subdivision, only one (1) sign, not exceeding one hundred twenty (120) square feet in sign area and eight (8) feet in height, shall be permitted at each such entrance. Such sign may be maintained until the last certificate of occupancy is issued for the construction authorized under existing approved final site plans or subdivision plats for the development or subdivision.

b.

Residential developments and subdivisions—Signs at individual construction sites. No additional signs shall be permitted within the site of a residential development when the development does not involve construction on individually subdivided parcels. In the case of developments having individually subdivided parcels, signs not exceeding four (4) square feet in sign area and four (4) feet in height may be erected on each such parcel for which a building permit has been issued. All such signs shall be located together within an area not more than twenty (20) feet long and fifteen (15) feet wide. Allowed sign areas may be combined into fewer, larger signs not exceeding twelve (12) square feet in sign area and four (4) feet in height. Such sign may be maintained until a certificate of occupancy is issued for the building.

c.

Nonresidential developments. Individual signs, not exceeding thirty-two (32) square feet in sign area and eight (8) feet in height, may be erected at one (1) entrance on each street frontage of a nonresidential development. All such signs shall be located together in an area not more than forty (40) feet long and thirty (30) feet wide. Allowed sign areas may be combined into fewer, larger signs, not exceeding sixty-four (64) square feet in sign area and eight (8) feet in height. After the first certificate of occupancy is issued for any establishment within such project, only one (1) sign, not exceeding sixty-four (64) square feet in sign area and eight (8) feet in height, shall be permitted at each such entrance. Such sign may be maintained until a certificate of occupancy is issued for the last establishment authorized under the existing approved final site plan for the site.

3.

Signs located on sales sites. In a residential development where model dwelling units are open for sales purposes, the following signs may be utilized in conjunction with such models:

a.

One (1) sign, not exceeding four (4) square feet in sign area, erected in the location of the model units;

b.

One (1) sign, not exceeding three (3) square feet in sign area, located on the site of each different model unit and identifying that model unit;

c.

One (1) sign, not exceeding three (3) square feet in sign area, located at the sales office for the development.

D.

Portable signs displayed on motor vehicles. Signs displayed on motor vehicles normally shall be permitted, provided that the following requirements are met:

1.

The vehicle must be licensed according to state and local requirements.

2.

The primary use of the vehicle shall be to transport tangible items and/or people.

3.

The vehicle shall not be parked/stored in any required yard adjacent to a street, with the following exceptions:

a.

Vehicles engaged in actual loading and unloading operations or other bona fide business activities.

b.

Vehicles totally obscured from view from the street by an opaque fencing or other screen.

c.

Vehicles on which the sign graphic attached or painted upon it does not exceed an area of four (4) square feet parked in commercial districts.

E.

Residential development/subdivision signs.

1.

Signs in residential developments and subdivisions shall be installed on private property included in the subdivision or development, provided that the signs are approved and installed as required by the director of development and permits, or designee, as part of the subdivision and development review and approval process. In no event shall any such sign be placed in a public water or sewer utility easement without the express written consent of the director of public utilities, or designee.

2.

Notwithstanding anything to the contrary in this ordinance, the zoning administrator may issue a permit for the placement of a residential development and subdivision sign on private property located outside of the boundaries of the development or subdivision, provided that the following criteria are met:

a.

The applicant presents to the zoning administrator written authorization for the placement and maintenance of the sign from the owner of the property on which the sign is to be located.

b.

The applicant presents the zoning administrator with evidence that the sign and any required landscaping will be continually maintained by a homeowners association, civic league, or similar organization, or by one or more individuals.

c.

The applicant presents the zoning administrator with plans showing the proposed design, location, size, dimensions, and height of the sign. The sign plan shall also depict the location of any utility easements on the site, as well as the dimensions of the visibility triangle required to be preserved under section 19-204 of this ordinance. The dimensions of the visibility triangle shall be measured from property lines and easily identified points, such as pavement lines, curb lines and street centerlines.

d.

The sign shall: 1) have a maximum sign area of forty-eight (48) square feet; 2) a maximum sign height of eight (8) feet; and 3) shall be setback at least fifteen (15) feet from the right-of-way. Further, the applicant shall comply with any special requirements deemed necessary or advisable by the zoning administrator, including without limitation, landscaping, setbacks, and design criteria.

e.

All signs and plantings (at maturity) shall conform with visibility clearance requirements in section 19-204 of this ordinance.

f.

No such off-site sign shall be placed within a public water or sewer utility easement. Placement of the sign in other types of utility easements shall be subject to the express written consent of the holder of the easement, including the director of public works for public drainage easements.

g.

No more than two (2) such offsite signs shall be permitted for any single residential development or subdivision.

h.

A building permit shall be required and all applicable provisions of this ordinance and the City Code which are not inconsistent with this subsection shall apply.

3.

The city reserves the unilateral right to require the removal, relocation, repair or replacement of any residential sign and accompanying landscaping approved under this subsection when deemed necessary due to government action, such as repair, relocation, expansion, widening or improvement of streets, reservation areas and/or public utilities, or due to the sign having been damaged, destroyed or allowed to fall into a state of disrepair. The city shall not bear any costs associated with such removal, relocation, repair or replacement, regardless of the cause.

F.

Signs in commercial/industrial centers or parks, assembly uses and business establishments two (2) or more acres in size, when located in residential or agricultural zones.

1.

Where a business establishment, assembly use or commercial/industrial center or park is located in a residential or agricultural zone and is two (2) or more acres in size, the sign area, the sign height and setback requirements for the freestanding signs on the site shall be those that are set out in the table of basic design elements, subject to such other provisions of this ordinance as may be applicable. The planning commission, as part of a site plan review or site plan revision, may approve greater sign area and sign height for such signs, up to the maximum allowed for such signs when located in business, office and institutional and industrial zones, subject to the setback requirements for such signs in those zones. The commission, in approving such greater sign area and sign height, may require other modifications to the site plan to reduce the impact of the larger signs on surrounding properties, including such provisions as requiring greater setbacks from the street or adjacent property, specifying the approved location for such signs and specifying certain limitations on the design, color or illumination of such signs.

2.

No proposed increase in sign area or sign height on such a site shall be approved unless the planning commission finds that factors unique to the property are such that the sign area and height limitations imposed for properties located on agricultural and residential land would create a substantial hardship for the owner or operator of the site, significantly reducing or eliminating the capacity of the sign to provide meaningful communication to persons off of the property.

3.

In determining the appropriate increased sign area and sign height for such a sign, and the appropriate limitations on such a sign, such as setback, design, color, and illumination, the planning commission shall consider the following factors:

a.

The compatibility and scale of such sign with surrounding uses and properties.

b.

The relationship of such sign to the adjoining right-of-way.

c.

The topography or layout of the site and/or neighboring sites.

d.

The location of trees and other vegetation on the site and/or neighboring sites that might affect the visibility of any such sign.

4.

An applicant who has been denied a request for an increased sign area or height by the planning commission under the provisions of this section may appeal such determination by filing a written notice of appeal with the city council within ten (10) days of such action by the planning commission. A hearing on such application shall be scheduled for the next available meeting, and the city council shall consider the factors set forth in subsection 3., above, in its deliberations.

G.

Freestanding signs where two (2) or more detached public buildings occupied for different purposes are located on one (1) parcel of land. Notwithstanding anything to the contrary herein, where two (2) or more detached public buildings are occupied for different purposes and are located on one (1) parcel of land, a maximum sign area of sixty-four (64) square feet per street frontage shall be permitted for freestanding signs. This maximum sign area may be allocated between no more than two (2) freestanding signs per street frontage, provided that each freestanding sign on the site is separated from any other by a distance equal to at least one-half (½) of the length of the frontage on which the sign is placed. As used in this subsection, the term "occupied for different purposes" may include two (2) or more types of schools; however, the term shall not include detached buildings used in the operation of a single complex or developed under a single site plan. All other regulations in this ordinance, such as setback requirements and height restrictions for freestanding signs, shall apply.

H.

Directional sign where city realigns a thoroughfare causing a property to lose frontage on a through street. One (1) directional sign, which belongs to one or more establishments which existed prior to the re-routing of a public thoroughfare and providing directions to such establishment, shall be permitted onsite or on offsite private property provided that the following requirements are met:

a.

The sign must be a freestanding, non-illuminated sign.

b.

The sign area shall not exceed eighteen (18) square feet.

c.

A permit for the sign must be issued by the director of development and permits or designee in accordance with section 14-710 of this ordinance.

I.

Utility pole snipe signs.

a.

The overall size and dimensions of an authorized utility pole snipe sign shall be no greater than sixty (60) inches in length and thirty (30) inches in width.

b.

Locations and placement of the signs shall be as determined by the director of public works or designee. Additionally, the director of public works shall develop and implement administrative regulations for the orderly installation and maintenance of the signs. The administrative regulations may be amended by the director of public works as needed in the interest of public safety.

c.

A revocable license agreement, approved by the city council, shall also be required of any person, group, entity or organization that desires to install a utility pole snipe sign in addition to the requirements of the Chesapeake City Code, zoning ordinance and the administrative regulations referenced in subsection b. above.

J.

Offsite signs near access roads along the Dominion Boulevard Corridor where the city has realigned the thoroughfare causing the property to lose frontage on Dominion Boulevard or re-routed its sole access road which formerly connected with Dominion Boulevard. One (1) sign for one or more establishments which were existing prior to the re-routing of Dominion Boulevard, shall be permitted off-site near access roads along the Dominion Boulevard Corridor, and subject to the following requirements:

a.

The establishment must have been in existence at the time of the commencement of the realignment of the Dominion Boulevard Corridor.

b.

The establishment must have had frontage on or sole access to Dominion Boulevard at the time of the commencement of the Dominion Boulevard Corridor.

c.

If an establishment is eligible for the Virginia Logo Program, such establishment shall not be eligible for this program.

d.

This program shall be limited to one (1) establishment per parcel of property.

e.

If an establishment is no longer in existence, any sign erected shall be removed within ninety (90) days of notice by the city. If the sign is not removed in a timely manner, the city may remove same.

f.

The overall size and dimensions of the sign shall be no greater than twelve (12) feet in height and sixty-four (64) square feet. Individual name blades may be forty-two (42) inches in length and nine (9) inches in width. Lettering on the sign shall be no greater than six (6) inches in height.

g.

Locations and placement of the signs shall be as determined by the director of public works or designee.

h.

All signs shall be constructed, installed and maintained by the department of public works.

i.

This program shall terminate automatically and all signs erected shall be removed within five (5) years from the date of completion of construction of the Dominion Boulevard Corridor project.

K.

Signage located within public rights-of-way. No signs including but not limited to overhanging signs extending out from the building and overhanging a sidewalk, street, alley or other passageway; shall be permitted within the public rights-of-way unless such sign is a public service sign approved by the city manager or designee or a special permit is approved by the director of development and permits or designee in accordance with section 66-121.1 of the City Code.

L.

Murals. Murals shall be permitted in the Great Bridge Historic Gateway Overlay District, as defined by this ordinance, and in the Dollar Tree Planned Unit Development, as approved by city council, with the issuance of a zoning permit certifying compliance with the requirements of this section. Any mural permitted by this ordinance shall not count toward the permitted wall signage requirements set forth in sections 14-700 et seq. of this ordinance. In the event of a conflict, the provisions in this ordinance shall supersede any contrary zoning ordinance provision.

1.

The zoning administrator or designee may approve and issue a zoning permit for a mural if the following requirements are met:

a.

The applicant either owns the property where the mural is proposed to be located or is the authorized agent for the owner, as determined by the city attorney; and

b.

The department of public works determines that the mural will not interfere with or pose a threat to traffic safety; and

c.

The department of planning determines that the proposed mural contributes to the overall design and aesthetic value of the development where it is located and is compatible with the character of the surrounding overlay district or planned unit development, as applicable.

2.

The applicant shall be responsible for providing the zoning administrator with an illustration depicting the location, dimension and depiction of the proposed mural. The zoning permit issued shall be rendered null and void if the mural substantially deviates from the location, dimension and depiction on said illustration, as determined by the zoning administrator.

3.

The applicant/owner shall maintain the mural in good condition, to include repairing of peeling paint and deterioration caused by weather, natural or unnatural forces, passage of time or other factors. The zoning permit shall be rendered null and void if the mural is not maintained in good condition, as determined by the zoning administrator.

(Ord. No. 94-O-067, 5-17-94; Ord. No. 98-O-118, 8-18-98; 98-O-119, 8-18-98; Ord. No. 99-0-145, 11-16-99; Ord. No. 06-O-115, 9-19-06; Ord. No. 07-O-168, 10-16-07; Ord. No. 08-O-064, 5-20-08; Ord. No. 10-O-044, 5-25-10; Ord. No. 13-O-087, 8-13-13; Ord. No. 13-O-109, 9-17-13; Ord. No. 14-O-026, 3-18-14; Ord. No. 14-O-052, 5-20-14; Ord. No. 17-O-081, 11-21-17; Ord. No. 18-O-003, 1-23-18; Ord. No. 18-O-028, 3-20-18; Ord. No. 22-O-017, 2-15-22)

A.

New billboard signs permitted through conditional use permit.

1.

Billboard signs within the city may be approved through the granting of a conditional use permit by city council in accordance with the provisions of the zoning ordinance. Any such permit may specify a termination date for the permit, after which the use permit shall become void unless renewed by new application and approval by city council. This subsection shall not apply to billboards approved by Hampton Roads Transit (HRT) and located on a bus shelter owned and operated by HRT if the billboard complies with the requirements of subsection 14-706.D or to billboards on property owned by the Chesapeake School Board in accordance with subsection 14-706.E of this ordinance. For billboard signs using light-emitting diode (LED) displays, provisions may be included with the approval of a conditional use permit allowing the city to utilize the sign to communicate public information in the event of an emergency. All applications for a conditional use permit to install a LED display shall include an inventory of the applicant's billboard signs in the city to include location, size and number of sign faces and means of illumination.

2.

Any billboard sign erected under this subsection (A) shall comply with the following standards, in addition to any requirements of the conditional use permit approved by city council. The council may impose more or less restrictive standards than those set out below as conditions of the use permit.

a.

The property on which the sign is located must be zoned B-2 general business district, B-3 highway service district, M-1 light industrial district, or M-2 general industrial district.

b.

Such sign shall not exceed the following height, area and setback requirements:

(1)

A maximum height of thirty-five (35) feet;

(2)

A maximum sign area of seven hundred fifty (750) feet;

(3)

A minimum setback of thirty-five (35) feet or one hundred ten (110) percent of the proposed billboard sign height, whichever is greater, from the street or right-of-way the sign faces;

(4)

A minimum side and rear yard setback of twenty-five (25) feet.

c.

Such sign shall be erected on a monopole structural base and may include a light-emitting diode (LED) display subject to the specific approval by city council through a conditional use permit.

d.

No billboard sign shall be located within one thousand (1,000) feet of any other billboard sign which is located on the same side of the street or right-of-way or within three hundred (300) feet, measured in every direction, of any property zoned or used for residential purposes.

e.

A billboard sign approved under this subsection (A) shall not be located on the same lot where a building is located, and a building shall not be constructed on a lot where such a sign is located.

3.

Each conditional use permit application for a billboard sign shall include a proposed landscape plan for the sign. Specific landscaping provisions for the sign shall become a condition of the conditional use permit granted.

B.

Existing nonconforming billboard signs.

1.

All lawfully existing billboard signs located within the city on February 12, 1991, shall be nonconforming signs.

2.

Involuntary removal with reconstruction or relocation. Notwithstanding the nonconforming status of billboard signs located in the city on February 12, 1991, any such sign which is subsequently involuntarily removed, destroyed, or damaged beyond fifty (50) percent of the original cost of erecting the sign, may be reconstructed or restored on its original lot or, upon the granting of a conditional use permit, on another lot. Any such reconstruction or restoration must comply with the requirements set out below. For purposes of this section, involuntary removal shall be deemed to include, but not be limited to, loss of a site for a sign due to termination of the lease for the site by the site owner or similar action beyond the control of the sign owner; provided, however, that the sign owner shall be required to provide to the zoning administrator documented proof of such involuntary loss of the site.

a.

Such sign, if erected on the same lot as the original sign, shall not exceed the degree of nonconformity of the original sign, as determined by the zoning administrator.

b.

Existing nonconforming billboard signs that are relocated to another lot shall comply with all applicable provisions of the zoning ordinance. Further, such signs shall comply with conditions required as part of the conditional use permit approval and with the following minimum standards, unless otherwise modified by city council:

(1)

A maximum height of thirty-five (35) feet;

(2)

A maximum sign area of seven hundred fifty (750) square feet;

(3)

A minimum setback of thirty-five (35) feet or one hundred ten (110) percent of the proposed billboard sign height, whichever is greater, from the street or right-of-way the sign faces;

(4)

A minimum side yard setback of twenty-five (25) feet.

(5)

A rear yard setback complying with the rear yard setback requirements for buildings and structures in the zoning classification in which the sign is located; and

(6)

The property on which the sign is located must be zoned B-2, general business district; B-3, highway business district; M-1, light industrial district; or M-2, general industrial district.

c.

Any existing nonconforming billboard sign that is relocated to another lot pursuant to this section may be relocated to a lot where a building exists if the following conditions are met:

(1)

The current zoning of the lot allows for more than one primary use, it being the intention of this subsection that any billboard sign is a primary and not an accessory use;

(2)

The billboard sign does not advertise any primary use of the lot on which it is located;

(3)

The billboard sign may not be located closer than thirty-five (35) feet or one hundred ten (110) percent of the proposed billboard sign height, whichever is greater, from any building;

(4)

The billboard sign complies with all setback requirements listed in subsection 14-706(B)(2); and

(5)

The billboard sign otherwise complies with all applicable law.

d.

Such sign shall comply in all respects with existing building code requirements and similar standards governing the erection of such structures.

e.

A building permit must be sought and issued within twelve (12) months of the event creating the right under this section for such reconstruction, restoration, or relocation, and the new sign shall be completed within twenty-four (24) months of such event.

f.

Such sign shall be constructed on a monopole structural base and may include a light-emitting diode (LED) display; provided that a conditional use permit shall be required for the installation and use of a light emitting diode (LED) display.

g.

The area around the sign, extending for a distance of not less than six (6) feet in all directions from the limits of the sign base, shall be landscaped in accordance with a landscaping plan approved by the city landscape coordinator, provided that the landscaping materials required shall not be of a type that would obstruct the sign area. The city landscape coordinator shall have the authority to waive this requirement if the city determines that existing vegetation and topography at the site meets the intent of this subparagraph.

h.

Where two (2) or more signs are located adjacent to each other on their original site, the signs may not be relocated to different locations, but may only be relocated together. Such signs shall fully comply with all other requirements for the relocation of signs. Further they may be combined into fewer signs containing the total areas of the combined signs, up to the maximum set out in subsection B.2.b., above.

i.

If a lawfully nonconforming billboard sign was lawfully constructed on a lot where a building exists, the sign may remain on the lot unless and until the building is demolished or renovated in a manner that expands the footprint of the building by twenty-five (25) percent. If the building is demolished or renovated in a manner that expands the footprint of the building by twenty-five (25) percent or more, the lawfully nonconforming billboard sign may remain or be relocated on the same lot upon the granting of a conditional use permit in accordance with the provisions of subsection A. (but excepting the provisions of subsection A.2.e.), above.

j.

No billboard sign shall be located within one thousand (1,000) feet of any other billboard sign which is located on the same side of the street or right-of-way or within three hundred (300) feet, measured in every direction, of any property zoned or used for residential purposes.

3.

Voluntary relocation or reconstruction. A conditional use permit shall be required for the proposed voluntary reconstruction or relocation of a nonconforming billboard sign. Any reconstruction or relocation for which a use permit is granted shall at a minimum comply with all of the provisions of subsection (A) above. Furthermore, a conditional use permit shall be required for the installation and use of a light-emitting diode (LED) display on a billboard sign, except for the installation and use of a LED display on an existing lawful billboard sign if the sign faces an interstate freeway or Route 58 and remains in the same location and no other sign using a LED display is located within one thousand (1,000) feet as measured on the same side of the interstate freeway or Route 58 and facing the same direction as the subject billboard sign unless the subject billboard sign is located within three hundred (300) feet, as measured in every direction, of any property zoned or used for residential purposes in which case a conditional use permit shall be required.

C.

General provisions for all billboard signs.

1.

Any lot on which an existing billboard sign is located may be subdivided to create a lot containing only the billboard sign, for purposes of ensuring conformity with this ordinance. Except as provided for in subsection 14-706(B)(2), any such lot shall be a minimum of fifteen thousand (15,000) square feet in size, and the sign shall be set back from the street or right-of-way it faces by a minimum of thirty-five (35) feet or one hundred ten (110) percent of the proposed billboard sign height, whichever is greater, and shall have side and rear yard setbacks of twenty-five (25) feet.

2.

The sign area for a billboard sign shall be calculated on the basis of one (1) sign face, regardless of whether the message on each sign face is identical, provided that: (a) if the sign faces are parallel, they are not separated from each other by more than four (4) feet; and (b) if the sign faces are not parallel, the angle formed by the two (2) sign faces is not greater than twenty-two and one-half (22½) degrees.

3.

The normal changing of sign graphics on any billboard sign will not require a permit as a result of this ordinance, and such changing of sign graphics will not jeopardize the nonconforming status of a billboard sign.

4.

All billboard signs located adjacent to interstate and federal-aid primary highways shall be subject to the provisions of Section 33.2-1200 et seq. Code of Virginia, 1950, as amended, and related statutes.

D.

Hampton Roads Transit bus shelter signs. Signs may be placed on bus shelters owned and operated by Hampton Roads Transit (HRT) upon compliance with the following:

1.

Each sign must be contained in a secure display panel securely connected to an HRT bus shelter. Each display panel may contain back lighting when necessary to illuminate the sign subject to the restriction contained in subsection 14-707(6).

2.

No more than two (2) display panels shall be located at any point of passenger arrival and departure, at any location where bus shelters are located for use by the public and at any location where bus shelters are visible to a public right-of-way.

3.

Each display panel shall not display a sign larger than seventy (70) inches in height and fifty (50) inches in width.

4.

Each display panel must be approved by the zoning administrator in accordance with section 14-704 and be approved by the director of public works or designee for adequate visibility clearance along public streets. The zoning administrator and the director of public works or designee may issue one (1) permit for each bus shelter containing a display panel that complies with all of the listed requirements.

5.

HRT and the owner of each sign must execute an indemnification agreement before a permit is issued by the zoning administrator that indemnifies and agrees to defend the city against all claims and all liability arising out of or in connection with any display panel and sign located on an HRT bus shelter in a public right-of-way including, but not limited to, claims and liability resulting from intentional torts and criminal activity.

Execution of an agreement as required by subsection 14-707(10)(a)(iv) shall satisfy this requirement. HRT and the owner of multiple signs may execute one (1) indemnification agreement to cover all corresponding display panels and signs.

6.

If any display panel will be, or becomes, located in a public right-of-way, whether or not improved, the display panel must be approved by the department of public works in accordance with subsection 66-121.1(b) of the City Code. Approval of the display panels shall constitute approval of the location of each sign contained in the display panels.

7.

HRT must approve the location of the sign. Nothing in this ordinance shall be construed to authorize HRT to regulate the content of any sign.

E.

Signs on scoreboards.

1.

Signs on a scoreboard that are visible from a public right-of-way may occur in accordance with the following requirements:

a.

The sign shall only be placed on a scoreboard permanently attached to property owned and operated by the Chesapeake School Board located in the Urban Overlay District.

b.

The public right-of-way from which the sign is visible shall be designated by the master transportation plan as an eight-lane arterial street. Signs visible from any right-of-way not designated to be an eight-lane arterial street by the master transportation plan are prohibited.

c.

Only one (1) scoreboard per school may contain signs visible to the public right-of-way.

d.

Signs shall not exceed seven hundred fifty (750) square feet in area.

e.

No direct or internal illumination shall illuminate the sign. Indirect illumination may occur during sporting events while the scoreboard is being used.

f.

Nothing in this section shall authorize the Chesapeake School Board to regulate the content of any sign or exclude any sign on the basis of the content of a sign.

F.

Limited to public and private toll facilities. As an exception to the normal requirement of a conditional use permit, one (1) billboard sign with a static or LED display may be permitted by the zoning administrator for each direction of travel at the South Norfolk Jordan Bridge, the Route 168 Bypass and Dominion Boulevard toll facilities only in accordance with the following:

a.

Each sign shall be a maximum of one hundred (100) square feet.

b.

Each sign shall only be placed at a location approved by the director of development and permits, or designee.

c.

Each sign may be designated for use by the city to communicate public information that serves a legitimate governmental interest, including without limitation, inclement weather notices, hurricane evacuation notifications, traffic advisories, and notices of public events.

(Ord. No. 04-O-158, 11-10-04; Ord. No. 05-O-116, 9-9-05; Ord. No. 07-O-030, 2-27-07; Ord. No. 12-O-027, 3-20-12; Ord. No. 12-O-108, 11-20-12; Ord. No. 17-O-081, 11-21-17; Ord. No. 18-O-003, 1-23-18; Ord. No. 23-O-113, 11-28-23)

Editor's note— Ord. No. 18-O-003, adopted January 23, 2018, changed the title of section 14-706 from "Outdoor advertising signs" to "Billboard signs." The historical notation has been preserved for reference purposes.

All signs which do not comply with the requirements of this ordinance and are not legally nonconforming signs are prohibited. The following signs are specifically prohibited within the city:

1.

Abandoned signs (as described in section 14-703).

2.

Snipe signs, unless specifically permitted by this ordinance.

3.

Signs erected or maintained which copy, imitate or in any way approximate an official highway sign.

4.

Signs erected which display flashing or intermittent lights/LEDs or lights/LEDs of changing degrees of intensity unless specifically allowed in this ordinance.

5.

Illuminated signs in residential districts shall be prohibited except for the following:

a.

Signs located at the entrance to residential developments and subdivisions may be illuminated by indirect lighting which does not shine onto any adjacent street or property. Lighting commonly known as internal illumination is prohibited.

b.

All signs associated with lawful nonresidential development in residential zoning districts may be illuminated by indirect lighting upon specific approval in a conditional use permit. Illumination of all other signs in residential zoning districts is prohibited. Lighting commonly known as internal illumination is prohibited.

6.

Signs erected, constructed or maintained so as to obstruct any fire escape or any window or door or opening used as a means of egress or so as to prevent free passage from one part of a roof to any other part thereof. No sign shall be attached in any form shape or manner as to interfere with any opening required for legal ventilation.

7.

Signs or illumination that cause any direct glare into or upon any building other than the building to which the sign may be accessory.

8.

Signs located on any public right-of-way, except those permitted by other sections of the City Code.

9.

Signs that violate any law of the Commonwealth relating to billboard signs.

10.

Any sign that projects beyond a lot line, unless expressly permitted by the development criteria of a planned unit development.

11.

Any sign that overhangs and has a minimum clearance less than ten (10) feet above a walkway or fifteen (15) feet above a driveway, alley or travel lane, unless a lower clearance is specifically approved by the zoning administrator.

12.

Any sign which by reason of its location, position, size, shape or color may obstruct, impair, obscure, interfere with the view of or be confused with any traffic control sign, signal or device erected by a public authority or where it may interfere with, mislead or confuse traffic. Any such sign is subject to immediate removal and disposal by the city manager, or designee, as a nuisance if it constitutes an immediate threat to the public's health, safety or welfare. To those ends, no sign shall use the word "stop," "slow," "caution," "yield," "danger," "warning" or "go," when such sign may be confused with a traffic control sign used or displayed by a public authority.

13.

Any offsite sign, unless specifically allowed elsewhere in this ordinance.

14.

Signs attached to natural vegetation.

15.

Vehicle or trailer signs except as permitted portable signs.

16.

Signs hanging from supports, except against the face of a building.

17.

Any sign displayed without complying with all applicable regulations of this chapter.

18.

Prohibited signs based on materials.

a.

Signs painted directly on a building, except those that meet the requirements of a permitted wall sign.

b.

Signs that are designed to rotate, move or appear to rotate or move. This subsection does not apply to flags expressly permitted under this ordinance.

c.

Signs consisting of illuminated tubing or strings of lights outlining property lines or open sales areas, rooflines, doors, windows or wall edges of any building, except for temporary decorations not to exceed three (3) months per year.

d.

Signs that emit smoke, flame, scent, mist, aerosol, liquid, or gas.

e.

Signs that emit sound.

19.

Prohibited signs based on location.

a.

Off-premises signs, unless specifically permitted by this ordinance.

b.

Roof signs that project upward above the roof of a building, excepting any such sign located on a parapet wall that is no less than two-thirds (⅔) of the frontage of the building, and roof signs attached to a parapet wall of any length when located on a regional hospital.

c.

Any sign that obstructs free or clear vision, or otherwise causes a safety hazard for vehicular, bicycle or pedestrian traffic due to its location.

d.

Window signs whose aggregate area on a window or door exceed twenty-five (25) percent of the total area of the window or door panel.

(Ord. No. 02-O-135, 11-19-02; Ord. No. 04-O-158, 11-10-04; Ord. No. 05-O-074, 6-21-05; Ord. No. 07-O-030, 2-27-07; Ord. No. 10-O-044, 5-25-10; Ord. No. 12-O-097, 10-16-12; Ord. No. 14-O-026, 3-18-14; Ord. No. 18-O-003, 1-23-18; Ord. No. 21-O-138, 12-21-21)

A.

Changes to conform with ordinance; exceptions. A nonconforming sign shall conform to all requirements of this ordinance when it is erected, enlarged, extended, structurally altered, reconstructed or relocated, provided that:

1.

When only the graphics of a nonconforming sign are altered, only the new graphics will be required to conform to the applicable requirements for graphics and sign area described in the table of basic design elements or as otherwise specified elsewhere in this ordinance, and no alteration of any other aspect of the sign shall be required. In particular, such graphics shall not occupy an area greater than the maximum sign area specified for such a sign in this ordinance, regardless of the size of the sign face. This limitation on the permitted area for new graphics shall not apply to the graphics on billboard signs or on message boards, where the graphics are normally changed on a regular basis; those signs may continue to use the entire existing sign face. Each panel of a multifaceted sign shall be considered separately for the purposes of this subsection.

2.

When only the sign face of a nonconforming sign is altered, by modifying or replacing the material within the existing frame of the sign face, only the graphics placed on the new or modified sign face will be required to conform to the applicable requirements for graphics and sign area described in the table of basic design elements or as otherwise specified elsewhere in this ordinance, and no alteration of any other aspect of the sign shall be required. In particular, such graphics shall not occupy an area greater than the maximum sign area specified for such a sign in this ordinance, regardless of the size of the sign face.

3.

When only the sign face of a nonconforming sign is altered, by changing the shape of or dimensions of the sign face, the new sign face shall conform to the applicable requirements for sign face, sign area and sign height described in the table of basic design elements or as otherwise specified elsewhere in this ordinance, and no alteration of any other aspect of the sign shall be required.

These provisions shall be subject to the terms of subsection (B) below:

B.

Damaged or destroyed nonconforming signs. Any damaged or destroyed nonconforming sign requiring repairs valued at fifty (50) percent or more of the original cost of the sign shall be removed or brought into conformity with this ordinance. Billboard signs shall be governed by section 14-706 above.

C.

Abandoned signs. Any sign which has been abandoned for two (2) years or longer shall be removed or brought into conformity with this ordinance.

(Ord. No. 18-O-003, 1-23-18; Ord. No. 20-O-029, 3-17-20)

A.

Compliance with building and electrical codes. All signs shall be constructed in accordance with the requirements of the Uniform Statewide Building Code (USBC), the National Electrical Code and the Life Safety Code.

B.

Anchoring.

1.

No sign shall be suspended by non-rigid attachments that will allow the sign to swing in a wind.

2.

All permanent freestanding signs shall have self-supporting structures erected on or permanently attached to concrete foundations or otherwise anchored in a comparably secure manner approved by the code or zoning administrator or the administrator's designee.

3.

All portable signs on display shall be braced or secured to prevent motion.

C.

Additional construction specifications.

1.

No signs shall be erected, constructed or maintained so as to obstruct any fire escape, required exit, window or door opening used as a means of egress.

2.

No signs shall be attached in any form, shape or manner which will interfere with any opening required for ventilation, except that signs may be erected in front of and may cover transom windows when not in violation of the provisions of the USBC, building or fire prevention codes.

3.

Signs shall be located in such a way as to maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with the National Electrical Code specifications, depending on voltages concerned.

(Ord. No. 18-O-028, 3-20-18)

A.

Application for permits. Application for a permit for the erection, alteration or relocation of a sign shall be made to the administrator upon a form provided by the administrator and shall include the following information:

1.

Name and address of the owner of the sign.

2.

Street address or location of the property on which the sign is to be located, along with the name and address of the property owner.

3.

The type of sign or sign structure as defined in this ordinance.

4.

A site plan showing, at a minimum, the following: (a) an accurate mapping of the lot on which the sign is to be erected; (b) the size and location of all adjacent streets and other rights-of-way; (c) the location of all buildings and other structures on the site and their distance from the proposed sign; (d) the proposed location and dimensions of the sign, along with the locations and square footage areas of all existing signs on the same lot. The zoning administrator may require such additional information as the administrator may deem necessary or appropriate to properly review the application.

5.

Specifications and scale drawings showing the materials, design, dimensions, structural supports and electrical components of the proposed sign.

B.

Permit fees. All applications for permits filed with the administrator shall be accompanied by a payment of the initial permit fee for each sign. All fees shall be established in city council's annual budget ordinance.

C.

Issuance and denial.

1.

The administrator or the administrator's designee shall issue a permit and permit sticker for the erection, alteration or relocation of a sign as soon as practicable and normally within three (3) business days of receipt of a complete and valid application, provided that the sign complies with all applicable laws and regulations of the city. In all applications, where a matter of interpretation arises, the more specific definition or more restrictive standard shall prevail.

2.

When a permit is denied by the zoning administrator or the administrator's designee, the administrator shall give a written notice to the applicant along with a brief statement of the reasons for denial. The administrator may suspend or revoke an issued permit for any false statement or misrepresentation of fact in the application or for any act by the permit holder or the permit holder's designee which is contrary to the terms of the permit.

D.

Permit refunds. Refunds of fees paid to the department of development and permits shall be handled pursuant to the adopted refund policy established by that department.

E.

Inspection upon completion. Any person erecting, altering or relocating a sign for which a permit has been issued shall notify the administrator upon completion of the work. The administrator or the administrator's designee may require a final inspection, including an electrical inspection and inspection of footings on freestanding signs. The administrator may require in writing upon issuance of a permit that he be notified for inspection prior to the installation of certain signs.

1.

Violations. When in the opinion of the administrator, a violation of the code exists, the administrator shall issue a written order to the alleged violator. The order shall specify those sections of the code of which the individual may be in violation and shall state that the individual has ten (10) days from the date of the order in which to correct the alleged violation or to appeal to the board of zoning appeals.

If, upon inspection, the administrator finds that a sign is abandoned or structurally, materially or electrically defective or in any way endangers the public, the administrator shall issue a written order to the owner of the sign and occupant of the premises stating the nature of the violation and requiring them to repair or remove the sign within ten (10) days of the date of the order.

In cases of emergency, the administrator may cause the immediate removal of a dangerous or defective sign without notice. Signs removed in this manner must present a hazard to the public safety as defined in the Uniform Statewide Building Code and in accordance with the traffic code (Va. Code Section 46.2-800 et seq.).

In addition to any other requirements under this ordinance, the administrator may, in his discretion, send by telephone, when such number is known to the administrator, a prerecorded message to any person who, in the administrator's determination, violates subsection 14-707(3). The prerecorded telephone message must inform the violator that the snipe sign(s) violate this ordinance and provide a return number to contact the administrator or the administrator's designee. The prerecorded message may also inform the violator that legal action may be taken, which could result in a fine or other penalty, should the violation continue. There shall be no limit on the number of times the prerecorded message may be sent.

2.

Removal of signs by the administrator. The administrator may cause the removal of an illegal sign in cases of emergency or for failure to comply with the written orders of removal or repair. After removal or demolition of the sign, a notice shall be mailed to the sign owner stating the nature of the work and the date on which it was performed and demanding payment of the costs incurred, as certified by the administrator.

If the amount specified in the notice is not paid within ten (10) days of the notice, it shall become an assessment upon a lien against the property of the sign owner and will be certified as an assessment against the property together with a penalty for collection in the same manner as the real estate taxes.

Except in cases in which the sign is located in the public right-of-way, the owner of the property upon which the sign is located shall be presumed to be the owner of the signs thereon unless facts to the contrary are brought to the attention of the administrator, as in the case of a leased sign.

For purposes or removal, the definition of sign shall include all sign embellishments and structures designed specifically to support the sign.

3.

Penalties. Any person who fails to comply with the provisions of this ordinance may be subject to a fine of fifty dollars ($50.00) for each week or portion thereof that the violation continues, up to a maximum of one thousand dollars ($1,000).

4.

Appeals. Any decision rendered by the administrator or the administrator's designee in denying a permit or variance or in alleging a violation of this ordinance may be appealed to the board of zoning appeals within thirty (30) days of the administrator's or designee's decision or failure to respond to the application.

The action being appealed shall be held in abeyance pending the decision of the board, unless the zoning administrator certifies to the board that, by reason of facts stated in the certificate, a stay would in the administrator's opinion cause imminent peril to life or property. In that case the action being appealed shall not be held in abeyance except by a restraining order granted by the board or by a court of record, on application by the appealing party and on notice to the zoning administrator and for good cause shown.

F.

Private signage agreements. Nothing in this chapter shall prevent any persons from establishing, by deed restriction or private agreement, sign regulations which are more stringent than those set forth in this chapter. Such private agreements shall not be enforced by the city.

(Ord. No. 05-O-041, 4-19-05; Ord. No. 10-O-127, 10-19-10; Ord. No. 15-O-098, 7-21-15; Ord. No. 18-O-028, 3-20-18; Ord. No. 22-O-051A, 5-17-22)

Any outdoor ramp or similar device designed to create a slope, slant or curve for purposes of skating, skateboarding or similar activities shall be deemed a skateboard ramp subject to the provisions set out below.

A.

Permitted in A-1, C-2, C-3 and residential districts subject to specific requirements. A skateboard ramp may be constructed and used as an accessory use upon privately owned property located in any A-l, C-2, C-3 or residential zoning district, but only if there is compliance with all of the following requirements:

1.

No such ramp shall be constructed prior to the issuance of a building permit.

2.

No such ramp shall be constructed upon any recorded lot or parcel of land less than three acres in size. Every application for a building permit shall include a plan showing the exact location and dimensions of the ramp, as required by the zoning administrator, and shall further include a statement regarding the type of materials to be used in constructing the ramp. No more than one such ramp shall be constructed upon any single recorded lot or parcel of land.

3.

No such ramp shall be constructed less than fifty feet from a property line or less than one hundred feet of any occupied structure.

4.

No such ramp shall exceed sixteen feet in width, twenty-four feet in length or eight feet in height. The height of the ramp shall be measured from ground level and shall exclude railings erected for safety purposes.

5.

No such ramp shall be used for skating, skateboarding or similar activities earlier than two hours after sunrise or later than sundown.

6.

No such ramp shall be used for commercial purposes.

B.

Conditional use permit required in all other circumstances. A conditional use permit shall be required for all other locations of skateboard ramps in other zoning classifications, as provided for in the table of permitted and conditional uses for each of those zoning classifications.

(Ord. No. 03-O-074B, 6-17-03)

(Ord. No. 15-O-090, 6-16-15)

Livestock, as defined in article 3 of this ordinance, shall not be considered or treated as pets and shall not be permitted as an accessory use on residential property unless otherwise specifically permitted in this ordinance.

Editor's note— Ord. No. 18-O-017, adopted February 20, 2018, repealed the former section 14-902 in its entirety, which pertained to keeping of livestock on A-1 and RE-1 property as accessory to residential use, and derived from original codification.

A.

Keeping of pigs as pets permitted in certain districts. Vietnamese Potbellied Pigs, Juliana Pigs, or veterinarian-certified similar breeds as defined below may be kept as pets in the C-1 (conservation), A-1 (agriculture), RE-1 (residential estates) and all residential zoning districts, provided that a conditional use permit shall be required to keep such animals in the R-TH-1, R-MF-1 and R-MF-2 districts. All keeping of such animals shall be subject to the requirements set out in subsection B. below.

B.

Requirements for keeping of pigs as pets.

1.

Permitted pet pigs. Only those certain breeds of swine known as the Vietnamese Potbellied Pig, also commonly referred to as Chinese house pigs or pygmy pigs; Juliana Pig; or veterinarian-certified similar breed shall be kept as pet pigs in residential zoning districts. The zoning administrator shall require a licensed veterinarian's certification that any pig in a residential zoning district is a Vietnamese Potbellied Pig, Juliana Pig, or breed that is of similar size, weight, and behavioral characteristics.

2.

Permit from the zoning administrator required. No pet pig shall be permitted in a residential zoning district until a zoning permit is issued by the zoning administrator. The owner or authorized applicant must submit a zoning permit application on the forms provided by the department of development and permits. Upon approval, the zoning permit shall be valid for a period of one (1) year and shall be renewed on an annual basis thereafter.

3.

No breeding or sales of pet pigs are permitted in any residential zoning district. Additionally, no slaughtering of pet pigs is permitted on property zoned for residential use.

4.

No more than one (1) pet pig may be kept on residential lots or residential estates less than two (2) acres in area. No more than two (2) pet pigs may be kept on residential lots or residential estates exceeding two (2) acres in area. In cases of townhouses, apartments, condominiums or other multifamily residential facilities, no more than one (1) pet pig may be kept per individual dwelling unit unless otherwise specifically permitted by city council in the issuance of the conditional use permit required under article 17 of this ordinance.

5.

No pet pig shall be housed outdoors. No outdoor shelters shall be erected for this purpose.

6.

No pet pig kept in a residential district shall exceed the weight of one hundred twenty (120) pounds. The zoning administrator may require a licensed veterinarian's certification as to the weight of any pet pig which, in the opinion of the zoning administrator, exceeds one hundred twenty (120) pounds in weight.

7.

All pet pigs kept in the city shall be vaccinated against all major swine diseases every six (6) months. Any person keeping a pet pig shall comply with all state laws and regulations governing the keeping and production of swine.

(Ord. No. 19-O-055, 4-16-19)

A.

Temporary keeping of livestock as an educational project approved and sponsored by a youth organization permitted in certain districts. Livestock projects for educational purposes shall be permitted in A-1 and all residential districts with the exception of the R-TH-1, R-MF-1 and R-MF-2 districts. In the RE-1 district, the temporary keeping of livestock in accordance with this section shall be in addition to the animal units permitted on the property pursuant to section 6-2101 of this ordinance. Livestock projects shall be subject to the requirements set out in subsection (B) below.

B.

Requirements for the temporary keeping of livestock as an educational project approved and sponsored by a youth organization.

1.

The livestock project must be approved by a bona fide educational or agricultural association for youths, such as the 4-H Livestock Club and similar organizations. Prior written notice of an intent to participate in a livestock project shall be provided to the zoning administrator no less than fourteen days prior to the commencement of the project. The notice shall specify the address at which the project will be conducted, the name of the association sponsoring the project, the number of types of animals to be kept on the premises and lot acreage. In addition, the zoning administrator may require verification that any livestock project to be conducted in accordance with this section has been approved and is sponsored by a bona fide educational or agricultural association for youths.

2.

A livestock project shall only be conducted as an accessory use to a principal use of the property for residential purposes. All enclosures and stables shall be located behind a residential structure.

3.

The livestock project shall be limited to the temporary keeping of young cattle, swine, sheep and goats. Cattle and swine shall be permitted in the A-1 and RE-1 zoning districts only. Cattle shall not remain on any premises for longer than eleven (11) months. Sheep, goats, and swine shall not remain on any premises for more than six (6) months. No other types of livestock may be kept in residential or agricultural zoning districts unless otherwise specifically permitted under this ordinance.

4.

No cow or swine may be kept on any lot or parcel of land less than one (1) acre in area. No more than one (1) cow or one (1) swine may be kept for each acre of lot area.

5.

No sheep or goat may be kept on any lot or parcel of land less than 25,000 square feet in area. No more than one sheep or goat may be kept for each additional acre of lot area.

6.

All enclosures and stables shall be located at least twenty-five (25) feet from all exterior property lines.

7.

All enclosures and stables shall be maintained in a sanitary manner free from noxious odor.

(Ord. No. 18-O-017, 2-20-18)

A.

Construction and maintenance of beehives for the purpose of beekeeping is permitted in single-family and two-family residential districts other than R-TH-1 as indicated in section 6-2102 of this Code. Any beehive shall be subject to the requirements set out in this section and in the City Code and Zoning Ordinance, as applicable.

B.

Requirements for the construction and maintenance of beehives and beekeeping activities in residential districts:

1.

There shall be no more than four beehives per 8,000 square feet or less of lot or parcel area. On parcels or lots consisting of less than one acre of land, two additional beehives shall be allowed for each additional 2,000 square feet in excess of 8,000 square feet of lot area, with a maximum of eight beehives allowed. The density restrictions established by this section shall have no application to beehives kept, placed or maintained on any parcel of real property of one acre or more in size.

2.

It shall be unlawful for any person to keep, place, or allow a beehive to remain:

(a)

Closer than ten feet to a public right-of-way or to the property line of adjoining property not owned by the person maintaining the beehive; or

(b)

Closer than 30 feet to any house or other residential dwelling other than the residence of the person maintaining the beehive; or

(c)

Closer than 30 feet from any hotel, motel, office, commercial establishment, church or school.

3.

For any beehive placed within 30 feet of any property line adjoining a residential property or public right-of-way, a barrier of sufficient density to establish bee flyways above head height must separate the beehive from such property line or public right-of-way. The barrier may be constructed of fencing or vegetation or a combination of the two. The barrier must be no less than six feet in height and extend no less than ten feet in length on either side of beehive. The requirements of this section shall have no application to beehives kept, placed or maintained on any parcel of real property of one acre or more in size.

4.

An adequate water source must be provided within 20 feet of any beehive. An adequate water source shall consist of an accessible and useable supply of water for the bees maintained so as not to harbor mosquitoes.

5.

Honey bees must be acquired and beehives constructed and maintained in accordance with Title 3.2, Chapter 44 of the Code of Virginia as determined by the state apiarist.

(Ord. No. 15-O-090, 6-16-15)

A.

Intent. It is the intent of the city council to adopt regulations enabling the placement of freestanding book exchanges in order to further bolster the city's desire to protect and preserve the quality of its neighborhoods and the community at large; to encourage the exchange of children's books, teen authors, literary works, and similar literature; to promote literacy and the love of reading in our community; to cultivate stewardship among our community; and to further support the quality of life and sense of community in our city. The owner of the freestanding book exchange shall be solely responsible for the content of the materials and books within the freestanding book exchange and for the maintenance of said structure.

B.

Definition. As used in the following sections, freestanding book exchanges shall be deemed to be structures that are anchored to the ground or otherwise securely attached to a base which has a permanent location on the ground and used to store books and other literature for the purpose of fostering a community book exchange. Nothing contained herein shall be interpreted or construed to mean that any freestanding book exchange permitted by this ordinance is a public place or public service.

C.

All freestanding book exchanges shall require a permit from the zoning administrator or designee prior to installation. The zoning administrator or designee may approve a freestanding book exchange and issue a permit if the following requirements are met:

1.

The height of the freestanding book exchange shall not exceed six (6) feet and the size of such book exchange shall be no larger than four (4) square feet of lot coverage area.

2.

The freestanding book exchange shall be set back at least two (2) feet from any public right-of-way. If a sidewalk exists, then the freestanding book exchange may only be placed on the interior of the sidewalk.

3.

The department of public works determines that the freestanding book exchange will not interfere with or impede traffic visibility.

4.

The freestanding book exchange is constructed so that the finished side faces the street.

5.

If the freestanding book exchange is proposed to be installed on municipal public property by a party other than a public entity, then a license agreement from the city must be executed prior to issuance of this permit.

D.

Variance requests. In the event an application for a freestanding book exchange fails to meet one or more of the criteria in subsection C. above, the property owner may request a variance from the city board of zoning appeals.

(Ord. No. 16-O-084, 9-20-16; Ord. No. 17-O-077, 11-14-17)