The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

A

Abattoir means a commercial slaughterhouse except poultry slaughterhouses.

Accessory apartment. See Apartment, accessory.

Accessory use or structure means a subordinate use or structure clearly incidental to, or customarily found in connection with, and (except as otherwise provided in this chapter) located upon the same lot occupied by the main use or building.

Acreage means a parcel of land, regardless of area, described by metes and bounds, which is not a numbered lot or parcel on any recorded subdivision plat.

Adjoining property owner, for purposes of notification, means the first property owner encountered when radiating out from a subject property, including property owners across public rights-of-way. An adjoining property owner shall not be the owner of the subject property.

Administrator means the official charged with the enforcement of this chapter. He may be any appointed or elected official who is, by formal resolution, designated to the position by the town council. He may serve with or without compensation as determined by the town council.

Adult bookstore or adult video store means an establishment having, as a substantial or significant portion of, its stock-in-trade as books, magazines, other periodicals, videotapes, computer disks, CD-ROMs, DVD-ROMs, virtual reality devices or similar media that are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

Adult business means any adult bookstore, adult video store, adult model studio, adult motel, adult movie theater, adult nightclub, adult store, business providing adult entertainment, or any other establishment that regularly exploits an interest in matter relating to specified sexual activities or specified anatomical areas or regularly features live entertainment intended for the sexual stimulation or titillation of patrons.

Adult entertainment means dancing, modeling or other live entertainment, if the entertainment is characterized by an emphasis on specified sexual activities or specified anatomical areas or is intended for the sexual stimulation or titillation of patrons; or the showing of films, motion pictures, videotapes, slides, photographs, CD-ROMs, DVD-ROMs or other media that are characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

Adult merchandise means magazines, books, other periodicals, videotapes, films, motion pictures, photographs, slides, CD-ROMs, DVD-ROMs, virtual reality devices, or other similar media that are characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas; instruments, devices or paraphernalia, either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs; or, lingerie or leather goods marketed or presented in a context to suggest their use for sadomasochistic practices.

Adult motel means a motel, hotel or similar commercial establishment that:

(1)

Provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas and advertises the availability of this sexually-oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television;

(2)

Offers a sleeping room for rent for a time period of less than ten hours; or

(3)

Allows a tenant or occupant to subrent the sleeping room for a time period of less than ten hours.

Adult movie theatre means an enclosed building, regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons, excluding movies that have been rated "G," "PG," "PG-13" or "R" by the Motion Picture Association of America.

Adult nightclub means a restaurant, bar, club or similar establishment that regularly features adult entertainment.

Adult store means an establishment having adult merchandise as a substantial or significant portion of its stock-in-trade.

Agriculture means the tilling of the soil, the raising of crops, horticulture, forestry, orchards, vineyards or nurseries, but not including the keeping of animals and fowl or agriculturally related business or industry, except as permitted in the district regulations.

Alteration means any change in the total floor area, use, adaptability or external appearance of an existing structure.

Amateur radio tower means a lattice-framed, girded, guyed or monolithic freestanding or building-mounted structure, including any base, tower, pole, antenna and appurtenances, intended for noncommercial airway communications purposes by a person holding a valid radio license issued by the Federal Communications Commission (FCC) not exceeding a height of 75 feet above ground level.

Animal hospital means a business where domestic pets are given medical care and the boarding of animal patients is limited to short-term stays incidental to the hospital use.

Antique store means a business offering primarily antiques for sale within a fully enclosed building. The term "antique," for the purposes of this chapter, shall be a work of art, piece of furniture, decorative object or similar items with an age of at least 30 years old.

Apartment means a dwelling unit.

Apartment, accessory, means a dwelling unit with a kitchen and bath provided for a caregiver or family members within a single-family residence or within a residential garage structure.

Apartment, garage, means an accessory apartment built over, or as part of, a private residential garage.

Apartment house means a building used, or intended to be used, as the residence of three or more families living independently of each other. Also see Dwelling, multiple-family.

Art gallery means an establishment engaged in the sale, loan, or display of art books, paintings, sculpture, or other works of art.

Art studio means an establishment for the production, display, and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, art photography, leather craft, hand-woven articles, and related items. Such space is primarily a working studio where such artist, artisan, or craftsperson may display and sell work, but such establishment may also include the teaching of classes in the applicable fine art or craft, including those associated with vocal or instrumental music, acting, and writing.

Auction house.

(1)

The term "auction house" means an enclosed place or establishment conducted or operated for compensation or profit as a private or public market where items are offered for sale through competitive bidding.

(2)

The term "auction house" shall not include on premises estate, foreclosure, real estate or personal property sales conducted upon the estate, foreclosed or for sale property or property belonging to the personal property owner.

(3)

The term "auction house" shall not include flea markets, yard sales or livestock markets defined or regulated elsewhere or sheriff's or bank repossession sales.

Auction house, business, means an auction house for items of a personal or business nature, generally found within retail stores located within the underlying zoning district.

Auction house, industrial, means an auction house for motor vehicles, machinery, heavy equipment, items of an industrial nature, or items not normally found within retail stores.

Automobile body shop means the maintenance and repair of the body panels, fenders, windows, and chassis parts of vehicles, including painting, with all major repair and related storage conducted under cover of a building.

Automobile graveyard means any lot or place which is exposed to the weather and upon which more than five motor vehicles of any kind, incapable of being operated, are placed or kept for purposes of disassembly and for sale or resale of parts, not including the retention of wrecked, stolen, impounded or unclaimed vehicles being kept or stored by a public garage while awaiting legal disposition. This shall not include property where a towing service is operating in compliance with a conditional use permit approved or amended after April 1, 2019. See also Junkyard.

Automobile service station means the retail dispensation of vehicle fuel and the minor repair or maintenance of vehicles including lubricants, tires, batteries, brakes, mufflers, and similar automotive accessories. This shall also mean a car wash, whether manual, automatic or self-service, where vehicles including cars, vans, and pick-up trucks are washed and/or cleaned and includes exterior and interior detailing services. This shall not include a structure where buses, tractor-trailers, tankers, or similar large commercial vehicles are washed and/or cleaned.

Awning means a permanent roof like structure that projects from the wall of a building, covered with any material designed and intended for protection from the weather or as a decorative embellishment including those types which can be retracted, folded, or collapsed against the face of the supporting building.

B

Basement means a story having part, but not more than one-half, of its height above grade. A basement shall be counted as a story for the purpose of height regulations if it is used for business purposes or for dwelling purposes by other than a janitor employed on the premises.

Bathroom means an interior room of a dwelling unit containing at least a bathtub or shower, washbasin and water closet.

Bed and breakfast inn means a single-family, owner-occupied dwelling which, as an accessory use, offers no more than six bedrooms (one of which may be located in an accessory structure) for short-term transient occupancy for compensation and where food service for resident guests is limited to breakfast only. In addition to the functions for overnight guests, the bed and breakfast inn may hold special events and social gatherings including, but not limited to weddings and receptions.

Boardinghouse means a building or group of buildings arranged on a single lot where temporary lodging is provided for compensation for up to 14 persons in total.

Brewery means a facility where beer is manufactured and bottled for distribution. Direct sales of the product to the consumer on the premises is permitted within a retail shop, tasting room, restaurant, or similar establishment.

Building means any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattels.

Building, accessory, means a subordinate structure customarily incidental to, and located upon, the same lot occupied by the main structure. No such accessory structure shall be used for housekeeping purposes, except as herein provided.

Building, height of, means the vertical distance measured from the level of the curb or the established curb grade opposite the middle of the front of the building or structure to the highest point of the building or structure. For buildings set back from the street line, the height shall be measured from the average elevation of the ground surface along the front of the building or structure.

Building, main, means the principal structure or one of the principal buildings on a lot or the building or one of the principal buildings housing the principal use on the lot.

C

Campground, overnight, means an area where recreational vehicles, tents or other temporary structures are put up for temporary lodging during outings, vacations, etc. Storage of recreational vehicles, boats, automobiles, trucks or other equipment and vehicles is not permitted, unless specifically authorized by conditional use permit.

Canopy means a structure made of permanent construction without pillars or posts, which is totally or partially attached to a building for the purpose of providing shelter to patrons or motor vehicles, or as a decorative feature on a building wall. A canopy is not a completely enclosed structure and cannot be raised or retracted.

Commercial garage means the maintenance, service, and repair of vehicles, including all components of the mechanical systems with all major repair and related storage conducted under cover of a building. This shall not include an automobile body shop.

Communications antenna means a communications receiving and/or broadcasting device (often attached to a building or an independent communications structure for support purposes) extending no more than ten feet above a roof support or 12 feet in total height, including, but not limited to, panels, whips, dishes or masts.

Communications monopole means a single, self-supporting pole for the erection of communication antennas and not exceeding one-third of the height of the main structure above a roof support or 125 feet in total height, including any communications antennas.

Communications structure means any structure intended or utilized for supporting communications receiving and/or broadcasting devices. The term "communications structure" includes monopoles and towers.

Communications tower means a ground-supported, or roof-supported, lattice-framed, girded or guyed communications structure or any monolithic structure for the erection of communication antennas and not exceeding 250 feet in total height, including any communications antennas.

Condominium means real property and any incidentals thereto, or interests therein, which have been, or are to be, lawfully established as such under the Virginia Condominium Act.

State Law reference— Condominium Act, Code of Virginia, § 55-79.39 et seq.

Convalescent, nursing or rest home means any institution however named, whether conducted for charity or for profit, which is advertised, announced or maintained for the express or implied purpose of caring for two or more persons not related to the operator thereof and admitted thereto for the purpose of nursing or convalescent care. Nursing and convalescent care includes care given because of prolonged illness or defect or during the recovery from injury or disease, and includes any and all of the procedures commonly employed in waiting on the sick, such as administration of medicine, preparation of special diets, giving of bedside care, application of dressing and bandages, and the carrying out of treatments prescribed by a duly licensed practitioner of medicine.

Cul-de-sac means a street with only one outlet and having an appropriate vehicle turnaround at the end at least 100 feet in diameter. Lot frontage may be reduced at the end of a cul-de-sac or on a curved street if approved by the administrator and provided that minimum setback and lot area requirements are maintained.

D

Dairy means a commercial establishment for the manufacture, processing or sale of dairy products.

Data center means a facility where computer and network server equipment is located for the purpose of data and application storage, access, management, and distribution.

Day care means the care of children or adults away from their own home, or conservator's home, for any part of a 24-hour day for compensation or otherwise.

Day care, adult home, means the caring of not more than three adults, not related by blood or marriage, within one's personal residential dwelling for any part of a 24-hour day, for compensation or otherwise. Nursing or convalescent care shall not be offered.

Day care center means facilities or programs for the care of children or adults away from their own home, or conservator's home, for any part of a 24-hour day, for compensation or otherwise.

Day care center, adult, means any facility that is either operated for profit or that desires licensure and that provides supplementary care and protection during only a part of the day to four or more aged, infirm or disabled adults who reside elsewhere, except:

(1)

A facility, or portion of a facility, licensed by the state board of health or the department of behavioral health and developmental services, and

(2)

The home or residence of an individual who cares for only persons related to him by blood or marriage.

Included in this definition are any two or more places, establishments or institutions owned, operated or controlled by a single entity and providing such supplementary care and protection to a combined total of four or more aged, infirm or disabled adults.

Day care center, child, means facilities or programs for the care of more than five children away from their own home for any part of a 24-hour day, for compensation or otherwise. Continuous lodging shall not be offered at such center.

Deck means a structure with an elevated floor and no solid roof usually attached to or part of and with direct access to or from, a building.

District means districts as referred to in Code of Virginia, § 15.2-2280 et seq.

Domestic pet means an animal housed at a residence for family purposes as a household pet, including domesticated cats, dogs, fish, birds and other similar animals, as determined by the zoning administrator. Such use shall be deemed to be allowed by right on residential properties in accord with the provisions of chapter 8, Animals, and this chapter, but however shall not be deemed to include agricultural operations or the raising of non-domesticated animals. Pygmy goats as domestic pets are allowed with a conditional use permit.

Dwelling means any permanent structure which is designed for use for residential purposes, except hotels, boardinghouses, apartments, condominiums, manufactured homes and mobile homes, which are defined elsewhere within this section.

Dwelling, multiple-family, means a permanent structure arranged or designed to be occupied by more than two families and/or having more than two dwelling units. Also see Apartment.

Dwelling, nonconforming. See Structure, nonconforming.

Dwelling, single-family, means a dwelling arranged or designed to be occupied by no more than one family and containing only one dwelling unit.

Dwelling, two-family, means a dwelling arranged or designed to be occupied by two families, the structure having only two dwelling units.

Dwelling unit means one or more rooms in a dwelling or structure designed for living or sleeping purposes and having at least one kitchen and one bathroom.

E

Eave means the underside of the projection of a roof beyond the outer wall of a building.

F

Family means one or more persons related by blood, marriage, adoption or legal guardianship.

Family day home means a child day program offered in the residence of the provider or the home of any of the children in care for one through 12 children under the age of 13, exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation. The provider of a licensed or registered family day home shall disclose to the parents or guardians of children in their care the percentage of time per week that persons other than the provider will care for the children. Family day homes serving six through 12 children, exclusive of the provider's own children and any children who reside in the home, shall be licensed. However, no family day home shall care for more than four children under the age of two, including the provider's own children and any children who reside in the home, unless the family day home is licensed or voluntarily registered. However, a family day home where the children in care are all grandchildren of the provider shall not be required to be licensed.

Farmers' market means a site where outdoor stalls, booths, tables and/or the like are used by one or more vendors for the display and/or sale of locally produced fruits, vegetables, plants, flowers, plant products, and/or animal products such as eggs, milk, butter, cheese and honey. A farmers' market shall not include the display and/or sale of animals.

Fence. See section 30-14 in the streets, sidewalks and other public places chapter of this Code for regulations.

Flea market means any person or aggregation, congregation or assembly of vendors, whether professional or nonprofessional, that offers for sale, trade or barter any goods, regardless whether they are new, used, antique or handmade; and where offered for sale in open air areas, temporary structures, or not otherwise within a fully enclosed building. This term "flea market" shall not include farmers' markets, as defined in this chapter, and shall not include garage and/or yard sales, as defined in chapter 20, flea markets and garage and/or yard sales.

Fraternity/sorority house means a fraternity/sorority house shall be defined as consisting of a dwelling house having one or more rooms for living and sleeping purposes, and having at least one kitchen area and one bathroom facility, and which dwelling is occupied by two or more people unrelated by blood or marriage, and which occupants or users of said dwelling house are members of a student organization formed mainly to promote friendship and welfare of an organization with members belonging thereto.

Frontage, lot, means the distance for which the front boundary line of the lot and the street or road line are coincident.

Frontage, street or road, means all of the property on one side of a street or road between two intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.

G

Garage apartment. See Apartment, garage.

Garage, private, means an accessory building designed or used for the storage of not more than three automobiles owned and used by the occupants of the buildings to which it is accessory. On a lot occupied by a multiple-unit dwelling, the private garage may be designed and used for the storage of one and one-half times as many automobiles as there are dwelling units.

Garage, public, means a building, or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, renting, selling or storing motor-driven vehicles.

Golf course means any golf course, publicly or privately owned, on which the game of golf is played, including accessory uses and buildings customary thereto, but excluding golf driving ranges, as defined in this section.

Golf driving range means a limited area on which golf players do not walk, but onto which they drive golf balls from a central driving tee.

Governing body means the town council of the town.

Greenspace means the area of non-impervious surfaces. Landscaping/landscaped areas may be counted toward greenspace.

Guestroom means a room which is intended, arranged or designed to be occupied or which is occupied by one or more guests paying direct or indirect compensation therefor, but in which no provision is made for cooking. Dormitories shall be excluded from this definition.

H

Historical area, as indicated on the zoning map to which the provisions of this chapter apply for protection of an historical heritage.

Home garden means a garden in a residential district for the production of vegetables, fruits and flowers generally for use or consumption by the occupants of the premises.

Home occupation means any occupation, profession or enterprise conducted by one or more members of a family residing on the premises which is incidental and secondary to the use of the premises for dwelling purposes, provided that not more than one person other than a family member of the resident family is employed on the premises. Home occupations would include any activity for remuneration and would include, but would not be limited to, activities such as the keeping of files, sending and receipt of mail, accounting and filing of taxes associated with the activity associated with remuneration. See section 42-8 for conditional use permit requirements. When within this requirement, a home occupation includes, but is not limited to, the following:

(1)

Art or photography studio;

(2)

Dressmaking;

(3)

Professional office of a physician, therapist, dentist, minister, lawyer, engineer, architect, accountant, salesman or other similar occupation;

(4)

Typing, word processing or computer operation;

(5)

Teaching with musical or educational instruction limited to two pupils at a time;

(6)

Homestay;

(7)

Single-chair beauty parlors and barbershops, as major home occupation.

However, a home occupation shall not be interpreted to include the conduct of nursing homes, convalescent homes, rest homes, antique or craft resale, restaurants, tearooms, fortunetellers or similar establishments.

An application to conduct all home occupations shall be filed with the town manager/zoning administrator on forms provided by the town manager/zoning administrator. Business licenses are required in accordance with chapter 18, finance and taxation. Such licenses shall be revocable by the town manager/zoning administrator for violations of this section and other applicable sections of this Code. Home occupations shall be classified as either a minor home occupation or a major home occupation.

Home occupation, major. Major home occupations shall consist of all home occupations other than minor home occupations, as defined herein. Major home occupations shall require a conditional use permit pursuant to section 42-8.

Home occupation, minor. A minor home occupation means a residential enterprise where no sales take place whereby property is transferred on-premises from one person to another, or others, for a consideration of value except for products fabricated or manufactured on the residential site, where no hazardous materials are stored or utilized, where on-street parking in conjunction with such operation is confined to the street frontage of the host lot, where no outside indication exists that a business enterprise is conducted on the premises, where there is no group instruction, assembly or activity, and where no more than one utility truck, not exceeding one ton, and one utility trailer associated with the business is stored. In cases where more than one home occupation is located at a residence, no more than one utility truck, not exceeding one ton, and one utility trailer shall be allowed combined between all home occupations at the residence in order to be eligible as a minor home occupation.

Homestay means an accessory use to a dwelling where the host occupant offers their primary residence or a portion thereof to a guest party for short-term occupancy for compensation in accordance with section 42-664.

Hospital means an institution rendering medical, surgical, obstetrical or convalescent care, but not including nursing homes, rest homes and homes for the aged, and in all cases excluding institutions primarily for mental or feebleminded patients, alcoholics or drug addicts.

Hospital, special care, means an institution rendering care primarily for mental or feebleminded patients, alcoholics or drug addicts.

Hotel or motel means a building or group of buildings arranged on a single lot where temporary lodging is provided for compensation for 15 or more persons.

I

Industrialized building unit or units means a building assembly or system of building subassemblies having a valid Virginia registration seal affixed certifying that the unit is built to department of housing and community development standards at the time of manufacture, including the necessary electrical, plumbing, heating, ventilating and other service systems, manufactured off-site and transported to the point of use for installation or erection, with or without other specified components, as a finished building, or as a part of a finished building comprising two or more industrialized building units, and not designed for ready removal to, or installation or erection on, another site. The term "off-site," as used in this definition, refers to an industrialized building unit produced at any place other than the location in the completed building where it is permanently positioned. Also see Trailer, construction.

Industry and manufacturing, Type 1 means industrial and manufacturing uses and the manufacture, compounding, processing, preparation, packaging or treatment of products (including food products) which do not produce offensive noise, vibrations, dust, heat, smoke, odor, glare or other objectionable influences at the property lines. This shall not include pulp mills, the manufacturing of glue or soap, the slaughtering of animals/poultry or the smoking and curing of meat.

Industry and manufacturing, Type 2 means industrial and manufacturing uses and the manufacture, compounding, processing, preparation, packaging or treatment of products (including food products) which are potentially hazardous and may have accompanying hazards, such as fire, explosion, noise, vibration, dust or the emission of smoke, odor, toxic gases or other pollutants.

Institution, in zoning, means an organization having a public, educational or religious purpose, such as a government building, school, church, hospital, etc.

J

Junkyard means the use of any area of land in any location for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials. The term "junkyard" shall include the term "automobile graveyard," as defined in this section.

K

Kennel means a place prepared to house, board, breed, handle or otherwise keep or care for dogs and/or cats for sale or in return for compensation or any place where more than a total of four dogs and/or cats over six months of age are kept for any purpose.

L

Landscaping/landscaped area means areas of a non-grass, non-impervious nature including bark, mulch, decorative stone, planting areas of flowers, shrubs and trees including tree canopy. Areas of impervious surfaces, gravel and denuded areas shall not be considered as landscaped.

Leisure and enrichment service means an establishment providing structured or semi-structured programming, instruction, or activities for artistic, cultural, social, educational, or similar enrichment purposes. Uses may include, but are not limited to, puzzle rooms, science museums, and children's museums. The use shall be separate and distinguished from public billiard parlors and poolrooms, game rooms (including coin-operated and similar arcade gaming devices), bowling alleys, skating rinks, indoor and outdoor shooting ranges, paintball courses and similar forms of public amusement provided elsewhere in this chapter.

Live entertainment means entertainment provided in person, including, but not limited to, musical performances, music played by disc jockeys, public speaking, dramatic performances, dancing, modeling or comedic performances.

Livestock market means a commercial establishment wherein livestock is collected for sale and auctioned or otherwise sold.

Lot means a parcel of land occupied, or to be occupied, by a main structure, or group of main structures, and accessory structures, together with such yards, open spaces, lot widths and lot areas as are required by this chapter, and having frontage upon a street, either shown on a plat of record or considered as a unit of property and described by metes and bounds.

Lot, corner, means a lot abutting on two or more streets at their intersection. Of the two sides of a corner lot, the front shall be deemed to be the shortest of the two sides fronting on streets.

Lot, depth of, means the average horizontal distance between the front and rear lot lines.

Lot, double frontage, means an interior lot having frontage on two streets.

Lot frontage. See Frontage, lot.

Lot, interior, means any lot other than a corner lot.

Lot line, front, means the property line dividing a lot from a street. On corner lots and other lots with frontage on one or more streets, only one street line shall be considered as a front line with the street to which the primary entrance of the principal building faces or to which the building is addressed being considered the front lot line.

Lot, nonconforming, means an otherwise legally platted lot that does not conform to the minimum area or width requirements of this chapter for the district in which it is located, either at the effective date of this chapter or as a result of subsequent amendments to the chapter. See sections 42-478 and 42-479 for more detail.

Lot of record means a lot which has been recorded in the clerk's office of the circuit court.

Lot width means the horizontal distance between the side lot lines measured at the front building setback line.

M

Major home occupation. See Home occupation, major.

Manufactured home means a structure subject to federal regulation which is transportable in one or more sections; is eight body feet or more in width or 40 body feet or more in length in traveling mode or is 320 or more square feet when erected on site; is built on a permanent chassis; is designed to be used as a single-family dwelling with or without a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air conditioning and electrical systems contained in the structure.

Manufactured home, doublewide, means a structure subject to federal regulation which is transportable in two or more sections which is designed to be joined together at the point of use to form a single-family dwelling, and which is designed for removal to and installation or erection on privately owned sites, providing the title is relinquished and the unit is assessed as real estate, the towing gear and axle are removed and the perimeter foundation walls are constructed of masonry or other material approved for site built single-family housing. The location of doublewide manufactured homes, as defined, may be located in mobile home parks or on individual single-family dwelling unit lots.

Manufactured home, modular, means a structure having a valid Virginia registration seal affixed certifying that the unit is built to department of housing and community development standards at the time of manufacture, which is transportable in two or more sections that are designed to be joined together at the point of use to form a single-family dwelling, and which is designed for removal to and installation or erection upon privately owned sites, providing the title is relinquished and the unit is assessed as real estate and the perimeter foundation walls are constructed of masonry or other material approved for site built single-family housing. The location of modular manufactured homes, as defined, may be located on individual single-family dwelling unit lots.

Manufactured home not subject to federal regulation means a manufactured home constructed before June 15, 1976, and does not meet the criteria of a manufactured home, a doublewide manufactured home, a modular manufactured home, a mobile home, or an industrialized building unit. Manufactured homes not subject to federal regulation (constructed before June 15, 1976) are not a permitted use within the town.

Manufactured home subdivision means an area designed to accommodate one or more manufactured homes on individual lots which may be offered for sale under the terms of this chapter and the subdivision ordinance. Manufactured housing is permitted within the district providing the title is relinquished and the unit is assessed as real estate, the towing gear and axle are removed and the perimeter foundation walls are constructed of masonry or other permanent material approved for site built single-family housing.

Manufactured home subject to federal regulation means a manufactured home constructed after June 15, 1976, having a U.S. Department of Housing and Urban Development seal affixed to the manufactured home at the point of manufacture certifying that the manufactured home is built to HUD standards at the time of manufacture.

Microbrewery means an establishment engaged in the production, bottling, packaging, and sale of beer, and/or other malt beverages, and/or hard cider. The establishment shall contain an on-site production facility and a retail component (such as a tasting room). On or off-premises sales and distribution are permitted.

Minor home occupation. See Home occupation, minor.

Mobile food vendor means a vehicle, trailer, cart or similar mobile equipment designed to prepare and sell food in a temporary location. Unless provided otherwise within a district, a mobile food vendor shall be considered a restaurant or catering business.

Mobile food vendor commissary means a permanent establishment supporting a mobile food vendor service where food and equipment is prepared and stored. Unless provided otherwise within a district, a mobile food vendor commissary shall be considered a restaurant or catering business.

Mobile home means a manufactured home, singlewide, subject to federal regulation. The location of mobile homes, as defined herein, shall be limited to mobile home parks.

Mobile home park. Any area designed to accommodate two or more manufactured or mobile homes intended for residential use where residence is in manufactured or mobile homes.

N

Nonconforming activity or use means the otherwise legal use of a building or structure or of a tract of land that does not conform to the use regulations of this chapter for the district in which it is located, either at the effective date of the ordinance from which this chapter is derived or as a result of subsequent amendments to the chapter.

Nonconforming lot. See Lot, nonconforming.

Nonconforming structure. See Structure, nonconforming.

O

Off-street parking area means space provided for vehicular parking outside the dedicated street right-of-way.

Open space means any space reserved for common use (as among a homeowners association or as common space in apartment complexes) as to provide for outdoor living, patios, pools, lawns, play areas, walks, wooded areas and the like, but not including driveways and parking areas.

P

Paintball course means any commercial use indoor or outdoor course, trail or system of bunkers or barriers for paintball practice, competition or amusement by use of pneumatic guns.

Parking bump-out means a greenspace area located within a parking area that is surrounded on at least three sides by parking area or access road.

Parking garage means a building or structure, or portion thereof, designed or used for temporary parking of motor vehicles and consisting of more than one parking level or containing commercial establishments or governmental uses and parking at different levels.

Parking island means a greenspace area located within a parking area that is surrounded on all four sides by parking area or access road.

Personal service establishment means an establishment or place of business engaged in the provision of frequently or recurrently needed services of a personal nature. Typical uses include beauty and barber shops; pet grooming; seamstresses, tailors, or shoe repairs; florists; and laundromats and dry cleaning stations serving individuals and households.

Planning commission means the planning commission of the town.

Porch means a roofed open area usually attached to or part of and with direct access to or from a building.

Portable storage container means a portable, weather-resistant receptacle designed and used for the temporary storage or shipment of items, including, but not limited to, household goods, furniture, wares, building materials, equipment or merchandise. The term "portable storage container" shall not include dumpsters or refuse containers.

Primary residence means a person's principal home and domicile. If a person maintains more than one residence, their primary residence, for the purpose of this chapter, shall be the residence where they live for more than half of the calendar year.

Public nudity means a public state of undress so as to expose the human male or female genitals, pubic area or buttocks or to cover any of them with less than a fully opaque covering, or the showing of the female breast or any portion thereof below the top of the nipple, or the covering of the breast or any portion thereof below the top of the nipple with less than a fully opaque covering.

Public water and sewer systems means a water or sewer system owned and operated by a municipality, county or private individual or a corporation approved by the town council and properly licensed by the state corporation commission and subject to special regulations as set forth in this chapter.

R

Recycling means the removal of materials, such as, but not necessarily limited to, aluminum, glass, newspaper, cardboard and plastics from the household or business waste stream and placing it in a secondary market for reuse or reprocessing.

Recycling, drop-off center, means a location either fixed or mobile where recyclable materials are deposited for later collection and transport to a post-collection separation facility.

Recycling, post-collection separation facilities, means a roofed structure, usually enclosed, where recyclable materials are separated from the waste stream and sorted according to material type for recycling. The term "recycling, post-collection separation facilities" may also include compaction and other equipment necessary to carry out the recycling effort. The term "recycling, post-collection separation facilities" may also include a recycling drop-off center and/or recycling transfer station.

Recycling transfer station means a distribution warehouse for the express purpose of collecting contained recycled goods for shipping to a buyer of recycled materials.

Rehabilitation center means a transitional housing facility for non-violent offenders returning to community life in which rehabilitated persons can learn skills and independent living in a home-like environment serving up to 20 persons.

Related by blood means family relationship of individuals including only spouses, children, parents, mothers-in-law, fathers-in-law, brothers, sisters, grandparents, great grandparents, grandchildren, great grandchildren, aunts, uncles, nieces, nephews, great aunts, great uncles, great nieces, great nephews and first cousins. Should a question arise regarding validity of family relationship it shall be the burden of the individuals claiming relation by blood to prove the existence of such relationship to the satisfaction of the zoning administrator.

Required open space means any space required in any front, side or rear yard or as delineated on an approved site plan or otherwise specified in this chapter.

Research and development facility means a facility which engages in research and/or development of materials, parts, products, and processes in scientific, engineering, or technology-intensive fields which may include, but are not limited to, information and communications technology and data systems, transportation including unmanned and autonomous systems, multi-media and video technology.

Restaurant means any building in which for compensation food or beverages are dispensed for consumption on the premises, including, among other establishments, cafes, tearooms, confectionery shops or refreshment stands.

S

Salvage yard. See Junkyard.

Sawmill means a plant located on private property for the processing of timber.

Setback means the distance by which any building or structure must be separated from any lot line or street line.

Shooting range, indoor, means the commercial use of a structure for archery and/or the discharge of firearms or pneumatic guns for the purpose of target practice, skeet and trap shooting, mock war games, or temporary competitions, such as a turkey shoot. Excluded from this use type shall be general hunting, and non-commercial unstructured and nonrecurring discharging of firearms or pneumatic guns on private property with the property owner's permission.

Shooting range, outdoor, means a commercial use of land for archery and/or the discharge of pneumatic guns for the purpose of target practice, skeet and trap shooting, mock war games, or temporary competitions, such as a turkey shoot. Excluded from this use type shall be general hunting and the discharge of firearms, and non-commercial unstructured and nonrecurring discharging of pneumatic guns on private property with the property owner's permission in accordance with section 22-2.

Sign structure. See Structure, sign.

Special exception means a special use exception, yard exception or height exception specifically listed in this chapter which may be permitted in a specified district or in all districts in accord with terms of this chapter by the board of zoning appeals under certain conditions, such conditions to be determined in each case by the terms of this chapter and by the board of zoning appeals.

Special use permit. See Conditional use permit.

Specified anatomical areas means less than completely and opaquely covered human genitals, pubic region, buttock or female breast below a point immediately above the top of the areola; or human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities means human genitals in a state of sexual stimulation or arousal; sexual intercourse or sodomy; or fondling or other erotic touching of human genitals, pubic region, buttock or female breast, including masturbation.

Stealth technology means a manmade tree, clock tower, bell steeple, light pole and similar alternative-design mounting structure that camouflages or conceals the presence of communications antennas, monopoles or towers.

Story means that portion of a building, other than the basement, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it.

Story, half, means a space under the sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level and in which space not more than two-thirds of the floor area is finished off for use.

Street line means the dividing line between a street or road right-of-way and the contiguous property.

Street or road frontage. See Frontage, street or road.

Street, road, means a public thoroughfare which affords principal means of access to abutting property.

Structure means that which is built or constructed.

Structure, accessory. See Accessory use or Structure.

Structure, nonconforming, means an otherwise legal building or structure that does not conform with the lot area, yard, height, lot coverage or other area regulations of this chapter, or which is designed or intended for a use that does not conform to the use regulations of this chapter for the district in which it is located, either at the effective date of this chapter or as a result of subsequent amendments to the chapter. (Note: For nonconforming dwellings in business and industrial districts see also section 42-480.)

Structure, permanent, means a structure, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, including dwellings, buildings, signs, etc.; except for fences (see the definition of "fence" in this section). For purposes of setback requirements, bus stop shelters may not be classified as a structure under this definition. For allowable projections from structures, see section 42-15.

Structure, sign, means the supports, uprights, bracing and framework of any structure exhibiting a sign, be it single-faced, double-faced, V-type or otherwise. For purposes of regulation, sign structures shall be governed by article XXIV, signs.

Structure, temporary, means a structure, the use of which does not require permanent location on the ground or attachment to something having a permanent location on the ground, including wayside and roadside stands, tents, cargo containers, licensed or unlicensed vehicles or trailers regulated by agencies of federal, state or local governments used for sales, storage, collection centers, etc.

T

Terminal means a station, i.e., buildings, at an important point or junction of a transportation or supply line.

Terminal, passenger, means a terminal where passengers disembark or embark upon vehicles used primarily for public conveyance of people and limited small freight items, e.g., a bus station.

Terminal, truck, means a terminal where trucks may or may not unload and/or transfer freight or transfer trailers and contain one or more of the following activities: petroleum storage, refueling, vehicle or trailer repair, truck storage, sleeping quarters available to the general truck industry or public, retail or wholesale trade; e.g., a truck stop.

Terminal, truck freight. See Warehouse, distribution.

Therapist means a person licensed or certified in the occupation, profession, enterprise or activity of physical or mental therapy by a recognized association of professionals in the same area of expertise.

Towing service means the transport and temporary retention of wrecked, stolen, impounded or unclaimed vehicles awaiting legal disposition.

Town council means the Christiansburg town council.

Townhouse means one of a series of from three to ten attached single-family dwellings designed to be offered for sale or sold as a unit, separated from one another by continuous vertical walls without openings from foundation through the roof. The lots or assigned land area, utilities and other improvements for each 'townhouse' are designed to permit individual and separate ownership of such lots and dwelling units. Also see article XX, townhouses.

Traffic impact statement means a statement that assesses the impact of a proposed development on the transportation system and recommends improvements to lessen or negate those impacts. The traffic impact statement shall:

(1)

Identify any traffic issues associated with access from the site to the existing transportation network;

(2)

Outline solutions to potential problems;

(3)

Address the sufficiency of the future transportation networks; and

(4)

Present improvements to be incorporated into the proposed development.

The data and analysis contained in the traffic impact statement shall comply with the Virginia Department of Transportation Traffic Impact Analysis Regulations 24 VAC 30-155-60. If a traffic impact statement is required, data collection shall be by the developer or owner and the developer or owner shall prepare the traffic impact statement.

Trailer, construction, means a temporary mobile office currently inspected, licensed and insured for over the road usage that is primarily used at construction, amusement and similar sites while construction or transitory activity is in progress as opposed to an industrialized building unit of a more permanent character. Such construction trailer shall not be used for residential or long duration uses, unless specifically approved for such uses by the manufacturer and in accordance with the rules and regulations of the town and appropriate state and federal regulatory agencies. See also Industrialized building unit.

Travel trailer means a mobile unit less than 29 feet in length and less than 4,500 pounds in weight which is designed for human habitation.

Truck means every vehicle designed to transport property on its own structure independent of any other vehicle. Also see Truck, tractor.

Truck, tractor, means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the load and weight of the vehicle attached thereto. Commonly referred to as tractor-trailer trucks. Also see Truck.

U

Undefined uses or terms refers to uses or terms not specifically enumerated within this chapter. See section 42-2.

Unrelated individuals means a person not related by blood, marriage, adoption or legal guardianship and not exempted under Code of Virginia, § 36-96.7.

V

Variance means a reasonable deviation from the provisions of this chapter regulating the shape, size, or area of a lot or parcel of land, or the size, height, area, bulk, or location of a building or structure when the strict application of this chapter would unreasonably restrict the utilization of the property and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the purpose of the ordinance. The term "variance" shall not include a change in use which change shall be accomplished by a rezoning or by a conditional zoning.

W

Warehouse means a building where wares or goods are stored, as before being distributed to retailers; a storehouse. Not a truck terminal.

Warehouse, distribution, means a warehouse where items are brought to, and temporarily stored for later distribution to other destinations. Distribution may include the use of cargo containers on trailers or dual trailers which are separated and transferred to other trucks for distribution of contents. Not a truck terminal.

Wayside stand, roadside stand, wayside market means any structure or land used for the sale of agricultural or horticultural produce or merchandise.

Y

Yard means an open space on a lot unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.

Yard, front, means an open unoccupied space, excluding steps and as otherwise provided in this chapter, on the same lot as a building between the front line of the building and the front lot or street line and extending across the full width of the lot.

Yard, rear, means an open, unoccupied space, excluding steps and as otherwise provided in this chapter, on the same lot as a building between the rear line of the building and the rear line of the lot and extending the full width of the lot.

Yard, side, means an open, unoccupied space, excluding steps and as otherwise provided in this chapter, on the same lot as a building between the sideline of the building and the sideline of the lot and extending from the front yard line to the rear yard line.

(Code 1972, § 30-1; Code 1992, § 30-1; Ord. of 6-20-1989; Ord. of 4-3-1990; Ord. of 10-16-1990; Ord. of 7-2-1991; Ord. of 9-1-1992; Ord. of 6-15-1993; Ord. of 9-5-1995; Ord. of 12-17-1996, art. I; Ord. of 6-2-1998; Ord. of 4-20-1999; Ord. of 12-7-1999; Ord. No. 2000-2, 4-18-2000; Ord. No. 2001-2, 5-15-2001; Ord. No. 2002-2, 3-5-2002; Ord. No. 2003-6, 8-5-2003; Ord. No. 2004-4, 9-7-2004; Ord. No. 2007-1, 4-3-2007; Ord. No. 2008-6, 12-2-2008; Ord. No. 2010-8, 12-21-2010; Ord. No. 2012-6, § 30-1, 6-19-2012; Ord. No. 2012-10, § 30-1, 11-20-2012; Ord. No. 2014-04, 7-22-2014; Ord. No. 2015-1, 4-28-2015; Ord. No. 2016-5, 8-23-2016; Ord. No. 2017-7, 9-12-2017; Ord. No. 2017-9, 10-24-2017; Ord. No. 2018-2, 3-27-2018; Ord. No. 2018-5, 9-11-2018; Ord. No. 2019-3, 1-22-2019; Ord. No. 2019-4, 3-12-2019; Ord. No. 2019-5, 3-12-2019; Ord. No. 2019-6, 6-25-2019; Ord. No. 2020-4, 1-12-2021)

(a)

For the purpose of this chapter, the incorporated areas of the town are hereby divided into the following districts:

(b)

Said districts are shown on the official zoning map which accompanies, and is hereby made a part of, this chapter. For the purposes of this chapter, permitted uses are listed for the various districts. Unless the contrary is clear from the context of the lists or other regulations of this chapter, uses not specifically listed are prohibited; provided, however, that if an application is made for a use not specifically permitted and the administrator is unable to classify the use under the provisions of this chapter, the administrator shall refer the application to the planning commission which shall, at its next regular meeting, review the characteristics of the use and its compatibility or noncompatibility with other uses permitted in the district and shall make a recommendation to the administrator regarding classification of the use and his action thereon, or the commission shall, within a reasonable period of time, recommend to the town council that the chapter be amended to clarify its application to such use.

(Code 1972, § 30-2; Code 1992, § 30-2; Ord. No. 2004-4, 9-7-2004)

Unless district boundary lines are fixed by dimensions or otherwise clearly shown or described and where uncertainty exists with respect to the boundaries of any of the districts, as shown on the zoning map, the following rules shall apply:

(1)

Where district boundaries are indicated as approximately following or being at right angles to the centerlines of streets, highways, alleys or railroad main tracks, such centerlines, or lines at right angles to such centerline, shall be construed to be such boundaries, as the case may be.

(2)

Where a district boundary is indicated to follow a river, creek, branch or other body of water such boundary shall be construed to follow the centerline at low water or at the limit of the jurisdiction, and in the event of change in the centerline, such boundary shall be construed as moving with the actual centerline.

(3)

If no distance, angle, curvature description or other means is given to determine a boundary line accurately and the foregoing provisions do not apply, the same shall be determined by the use of the scale shown on such zoning map. In case of subsequent dispute, the matter shall be referred to the board of zoning appeals which shall determine the boundary.

(Code 1972, § 30-3; Code 1992, § 30-3)

This chapter shall be enforced by the administrator who shall be appointed by the town council. The administrator shall serve at the pleasure of the town council. Compensation for such shall be fixed by resolution of the town council.

(Code 1972, § 30-4; Code 1992, § 30-4)

Nothing contained in this chapter shall require any change in the plans or construction of any building or structure for which a permit was granted prior to the effective date of this chapter; provided, that such construction must commence within 30 days after this chapter becomes effective. If construction is discontinued for a period of six months or more, further construction shall be in conformity with the provisions of this chapter for the district in which the operation is located. The zoning administrator is authorized to waive any of the requirements of this chapter in the event of an emergency or natural disaster.

(Code 1972, § 30-5; Code 1992, § 30-5; Ord. No. 2007-1, 4-3-2007)

(a)

Buildings or structures shall be started, reconstructed, enlarged or altered only after a zoning permit has been obtained from the administrator, and shall be void after a period of 180 days from the date of approval, if not utilized during the 180-day period.

(b)

Each application for a zoning permit may be required to be accompanied by at least one copy of a scale drawing. The drawing shall show the size and shape of the parcel of land on which the proposed building is to be constructed, the nature of the proposed use of the building or land, the location of such building or use with respect to the property lines of such parcel of land and to the right-of-way of any street or highway adjoining such parcel of land and any other information which the administrator may deem necessary for consideration of the application. If the proposed building or use is in conformity with the provisions of this chapter, a permit shall be issued to the applicant by the administrator.

(Code 1972, § 30-6; Code 1992, § 30-6)

Land may be used or occupied and buildings structurally altered or erected may be used or changed in use only after a certificate of occupancy has been issued by the administrator. Such a permit shall state that the building, the proposed use or the use of the land complies with the provisions of this chapter. A similar certificate shall be issued for the purpose of maintaining, renewing, changing or extending a nonconforming use. A certificate of occupancy either for the whole or a part of a building shall be applied for simultaneously with the application for a zoning permit. The permit shall be issued within ten days after the erection or structural alteration of such building or part has conformed with the provisions of this chapter. Such certificate must be displayed by commercial establishments.

(Code 1972, § 30-7; Code 1992, § 30-7)

(a)

Where so stated by this chapter, the location of permitted uses shall require, in addition to the zoning permit and certificate of occupancy, a conditional use permit approved by the town council when authorized as herein after provided. A conditional use permit should be approved only if it is permitted as a conditional use in the district regulations and only if it is found that the location is appropriate and not in conflict with the comprehensive plan, that the public health, safety and general welfare will not be adversely affected, that adequate utilities and off-street parking facilities will be provided, and that necessary safeguards will be provided for the protection of surrounding property, persons and neighborhood values, and further provided that the additional standards of this chapter are complied with. In approving a conditional use permit the town council may impose such reasonable conditions as it believes necessary to accomplish the intent of this chapter. Unless otherwise specified in this chapter or specified as a condition of approval, the height limits, yard spaces, lot area and sign requirements shall be the same as for other uses in the district in which the proposed conditional use is located.

(b)

In determining the conditions to be imposed, the town council shall take into consideration the intent of this chapter and may impose reasonable conditions that: abate or restrict noise, smoke, dust or other elements that may affect surrounding property; establish setback requirements necessary for orderly expansion; prevent or alleviate traffic congestion; provide for adequate parking and ingress and egress to public streets or roads; provide adjoining property with a buffer or shield from view of the proposed use, if such use is considered to be detrimental to adjoining property; tend to prevent such use from changing the character and established pattern of development of the community.

(c)

Any use listed as requiring approval of a conditional use permit and which use legally exists at the effective date of the regulations of this chapter shall be considered a nonconforming use, unless it has been approved as a conditional use by the town council. Conditional use permits may be revoked by the town council, town manager or zoning administrator, if the conditions of such permit are not fulfilled. Nothing contained in this chapter shall be construed to compel the town council to issue a conditional use permit. Conditional use permits approved shall be subject to administrative review on an annual basis and to the following time limitations:

(1)

Any conditional use permit granted shall be null and void 24 months after approval by the town council if the use or development authorized by the permit is not commenced to a degree that, in the opinion of the zoning administrator, clearly establishes the intent to utilize the granted conditional use permit in a time period deemed reasonable for the type and scope of improvements involved. The property owner, or applicant, may request that town council allow a 12-month extension beyond the 24 month period for an approved conditional use permit provided that the request is received, in writing, within at least 23 months of the conditional use permit approval.

(2)

Activities or uses approved by a conditional use permit which are discontinued for a period of more than 24 consecutive months shall not be reestablished on the same property unless a new conditional use permit is issued in accord with this chapter.

(d)

The town council, town manager and zoning administrator are authorized to require supplemental conditional use permits if questions of compliance should arise regarding any provision of this chapter.

(e)

Conditional use permit application submissions shall include a traffic impact statement whenever a proposed conditional use permit substantially affects transportation on town streets through traffic generation of either:

(1)

100 vehicles trips per peak hour by residential development;

(2)

250 vehicles trips per peak hour by non-residential development; or

(3)

2,500 vehicle trips per day by non-residential development.

(f)

The data and analysis contained in the traffic impact statement shall comply with Virginia Department of Transportation Traffic Impact Analysis Regulations 24 VAC 30-155-60 and all applicable town ordinances.

(Code 1972, § 30-8; Code 1992, §§ 30-1, 30-8; Ord. of 6-2-1998; Ord. of 4-20-1999; Ord. No. 2012-6, § 30-8, 6-19-2012; Ord. No. 2012-10, § 30-8, 11-20-2012)

(a)

Specific requirements by use. Except as otherwise provided in this chapter, when any building or structure is hereafter erected or structurally altered, or any building or structure hereafter erected is converted, accessory off-street parking spaces shall be provided as follows:

(b)

Interpretation of specific requirements.

(1)

The parking requirements above are in addition to waiting spaces or stacking spaces necessary for the operation of drive-in or drive-through facilities. Waiting spaces on the premises must be adequate to avoid obstruction of traffic on the public way.

(2)

The parking requirements above are in addition to space for storage of automobiles, trucks, mobile homes, campers, recreation vehicles, or other similar vehicles used or offered for sale in connection with a particular use.

(3)

The parking requirements in this section do not limit the parking requirements contained in the district regulations.

(4)

The parking requirements in this section do not limit special requirements which may be imposed by approval of a conditional use or special exception.

(5)

Where fractional spaces result, the parking spaces required shall be construed to be the next highest whole number.

(6)

Except as otherwise provided, the number of employees shall be computed on the basis of the maximum number of persons employed on the premises at one time on an average day or average night, whichever is greater. Seasonal variations in employment may be recognized in determining an average day.

(7)

The parking space requirements for a use not specifically listed in the chart shall be the same as for a listed use of similar characteristics of parking demand generation.

(8)

In the case of mixed uses, uses with different parking requirements occupying the same building or premises, or in the case of joint use of a building or premises by more than one use having the same parking requirements, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.

(9)

Whenever a building or use is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need under the requirements of this section for an increase in parking spaces of ten percent or more, such additional spaces shall be provided on the basis of the change or enlargement. No additional spaces shall be required for the first change or enlargement which would result in an increase of spaces of less than ten percent of those required before the change or enlargement, but this exception shall not apply to a series of changes or enlargements which together result in a need for an increase in parking space of ten percent or more.

(10)

Garages, carports, and other covered and/or enclosed parking areas shall not count toward off-street parking requirements of this section with the exception that parking spaces in parking garages are allowed to be counted toward off-street parking requirements.

(11)

Stacked parking spaces that are not directly accessible to means of ingress and egress are not allowed to count toward off-street parking requirements.

(c)

On-site parking requirement and off-site cooperative parking provisions.

(1)

Except as otherwise provided in this chapter, all parking spaces required herein shall be located on the same lot with the building or use served. Where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two or more buildings or establishments, the required spaces may be located and maintained not to exceed 900 feet as measured along a traversable pedestrian route, with location approval from the zoning administrator. For the purpose of this requirement, land used for employee parking but located immediately across a street or alley from the building or use served shall be considered as located on the same lot.

(2)

With the approval of the zoning administrator, required off-street parking may be provided cooperatively for two or more uses of the same or different types, provided that arrangements are made that will ensure the availability of such space for the duration of the use to be served, and provided further that, unless reduced by the zoning administrator as set forth below, the number of spaces provided shall not be less than the sum of the individual requirements.

(3)

The combined parking requirements for two or more uses participating in a cooperative parking arrangement may be partially reduced by the zoning administrator, provided that the uses will not conflict in time of operation the parking needs of each use at a given time of day may be adequately met through the parking arrangements.

(4)

Cooperative parking arrangements shall provide off-street parking spaces within 900 feet of each use served as measured along a traversable pedestrian route.

(5)

For the purpose of this section, all spaces located within a cooperative parking arrangement shall be deemed to be on-site parking for each use served by such arrangement.

(6)

Once approved by the zoning administrator, any subsequent change to a cooperative parking arrangement affecting the availability and convenience of the shared space shall be considered a zoning violation subject to enforcement and penalties as set forth in section 42-14.

(d)

Design standards.

(1)

Minimum space area and paving. For the purpose of these regulations, one off-street parking space is an area, not in a street or alley, of not less than 162 square feet (nine feet in width and 18 feet in length minimum). If the space is designed for parallel parking, it shall have an area of 144 square feet (eight feet in width and 18 feet in length minimum). Each parking space shall be permanently reserved for the temporary storage of one vehicle and connected with a street or alley by a driveway which affords ingress and egress for the vehicle without requiring another vehicle to be moved. Paved parking with spaces delineated by four-inch striping is required for all parking lots. Acceptable paving methods/surfaces include asphalt, concrete, brick paving, and alternative pavements (such as porous pavement) as approved by the zoning administrator or town engineer (but does not include surface treatment or prime and double seal). An all-weather surface paving is permitted for a single-family or two-family dwelling. Parking lot striping shall be maintained to the satisfaction of the zoning administrator.

(2)

Entrances and exits. Location and design of entrances and exits shall be in accord with the requirements of applicable regulations and standards, including those of the Virginia Department of Transportation. In general, there shall not be more than one entrance and one exit, or one combined entrance and exit, along any one street and exits and entrances shall not be located within 25 feet of a street intersection or be greater than 40 feet in width. Landscaping, curbing or approved barriers shall be provided along lot boundaries to control entrance and exit of vehicles or pedestrians.

(3)

Drainage and maintenance. Off-street parking facilities shall be drained to eliminate standing water and prevent damage to abutting property and/or public streets and alleys and shall be paved in accordance with an approved plan or in accordance with applicable town specifications. Off-street parking areas shall be maintained in a clean, orderly and dust-free condition, at the expense of the owner or lessee.

(4)

Lighting. Lighting shall be provided if off-street parking spaces are to be used at night in conjunction with a business or activity on the premises. Lighting facilities shall be arranged and installed, and the light source shielded, to minimize glare on adjacent property or streets and no lighting fixture shall exceed a height of 15 feet in a residential district or 30 feet in a business district. For mixed use districts, lighting fixtures shall not exceed 15 feet for a residential use or 30 feet for a business use or mixed use. Lighting fixtures shall be allowed to exceed specified maximum heights with conditional use permit approval. Property owned or controlled by the town shall be exempt from these lighting requirements.

(5)

Design in general. All parking lots shall be arranged for functional efficiency and convenience and in general shall be designed to present a pleasing appearance so as to reduce adverse impact on surrounding public or private property.

(6)

Parking lot aisles. Aisle widths shall be based upon the following:

(7)

Greenspace and landscaping. Forty square feet of greenspace per one parking space provided shall be required within parking areas with 20 or greater parking spaces. One tree of a minimum height of six-feet tall shall be required per ten parking spaces interior to the parking perimeters for all parking areas with 20 or greater parking spaces. The greenspace and landscaping required shall be uniformly distributed in islands and bump-outs interior to the parking area to the satisfaction of the zoning administrator. Islands and bump-outs shall be of sufficient size to accommodate landscaping growth to maturity. The greenspace and landscaping requirements of this section shall be deemed to count toward the greenspace and landscaping requirements of the zoning district, provided the parking is provided on-site. Parking garages shall be exempted from the parking greenspace and landscaping requirement.

(8)

Storage lots. Storage lots for contractor equipment, tractor trailers, buses and similar large vehicles may be gravel, provided the storage area is fully enclosed by a minimum six-foot-tall gated fence.

(9)

Americans with Disabilities Act. Parking areas shall comply with the Americans with Disabilities Act and Code of Virginia in regards to spaces reserved for the use of persons with disabilities.

(e)

Grandfathered status in the B-2 Central Business District. Sites in the B-2 Central Business District having existing structures, which are adequate for commercial, professional, or residential uses as provided in the B-2 Central Business District at the time of enactment of this amendment, shall be considered as grandfathered in regards to off-street parking requirements. For enlargements or significant structural alterations of existing structures, the required parking shall equal the number of spaces required by this section for the new use area, unless a conditional use permit is granted by town council for an exception.

(f)

Parking credit for availability of mass transit.

(1)

Properties which have mass transit available shall be eligible for a ten percent credit toward reduction in the amount of required off-street parking (rounded downward to the nearest whole space). Mass transit shall be deemed as available by the presence of a bus stop of a town-sponsored bus service on-site or along the street frontage immediately adjoining the property under consideration or by the presence of a bus stop of a town-sponsored bus service within 600 feet of the property under consideration.

(2)

The development under consideration shall reserve area for the placement of the credited off-street parking spaces on-site and show these credited spaces on the proposed site plan. Should town-sponsored mass transit no longer become available, the development shall provide the credited off-street parking within six months of the cessation of service.

(g)

Parking credit for motorcycle spaces. At the option of the property owner, parking credit may be given in the amount of one parking space credit for each two designated motorcycle parking spaces provided at a maximum rate of one parking space credit per 50 provided parking spaces. Motorcycle parking spaces shall be a minimum of 4½ feet in width by eight feet in length.

(h)

Compact parking spaces. At the option of the property owner, development with 100 or more provided parking spaces may provide a maximum of ten percent of total provided parking spaces as designated compact parking spaces. Compact parking spaces may be a minimum of eight feet in width by 16 feet in length.

(i)

Exceptions relating to conditional zoning and/or conditional use permits. When the size, scope, or intensity of a permitted use is significantly decreased either by voluntary proffers under conditional zoning or by conditions under a conditional use permit, then town council may grant an exception to the minimum off-street parking spaces required and the design standards relating to acceptable paving methods and surfaces. Such exceptions shall run concurrently with the applicable conditional zoning or conditional use permit.

(Code 1972, § 30-9; Code 1992, § 30-9; Ord. of 5-2-1989; Ord. No. 2002-2, 3-5-2002; Ord. No. 2002-8, 11-5-2002; Ord. No. 2004-4, 9-7-2004; Ord. No. 2007-1, 4-3-2007; Ord. No. 2008-6, 12-2-2008; Ord. No. 2010-9, 12-21-2010; Ord. No. 2012-6, § 30-9, 6-19-2012; Ord. No. 2012-10, § 30-9, 11-20-2012; Ord. No. 2013-8, §§ 30-9(d), 30-9(i), 9-3-2013; Ord. No. 2013-9, § 30-9, 11-19-2013)

(a)

Specific requirements by use. Except as otherwise provided in this chapter, when any institutional, business or industrial building or structure is hereafter erected, or structurally altered to the extent of increasing the floor area by 25 percent or more, or any building is hereafter converted, for such uses, and when such buildings contain floor area in excess of 2,500 square feet, at least one accessory off-street loading space shall be provided, as required in subsequent sections of this article. The administrator may require additional spaces in an appropriate case in order to avoid congestion in public streets or approved accessways.

(b)

Interpretation of specific requirements.

(1)

The loading space requirements apply to all districts, but do not limit the special requirements which may be imposed in the district regulations.

(2)

The loading space requirements in this section do not limit special requirements which may be imposed in connection with uses permitted by approval of a conditional use permit or special exception.

(c)

Mixed uses in one building. Where a building is used for more than one use or for different uses, and where the floor area used for each use for which loading space is required is below the minimum for required loading spaces but the aggregate floor area used is greater than such minimum, then off-street loading space shall be provided as if the entire building were used for that use in the building for which the spaces are required. In such cases, the administrator may make reasonable requirements for the location of required loading spaces.

(d)

Design standards.

(1)

Minimum size. For the purpose of these regulations, the term "loading space" is a space within the main building or on the same lot, providing for the standing, loading or unloading of trucks, having a minimum area of 540 square feet, minimum width of 12 feet, a minimum depth of 35 feet, and a vertical clearance of at least 15 feet.

(2)

Loading space for funeral homes. Loading spaces for a funeral home may be reduced in size to ten by 25 feet and vertical clearance reduced to eight feet.

(3)

Entrances and exits. Location and design of entrances and exits shall be in accord with applicable requirements of the district regulations and traffic regulations and standards. Where the entrance or exit of a building is designed for truck loading and unloading, such entrance or exit shall be designed to provide at least one off-street loading space. Where an off-street loading space is to be approached directly from a major thoroughfare, necessary maneuvering space shall be provided on the lot.

(Code 1972, § 30-9A; Code 1992, § 30-9A)

(a)

Initiation of change.

(1)

The town council may, from time to time, amend, supplement or change, by ordinance, the boundaries of the districts or the regulations herein established. Any such amendment may be initiated by resolution of the town council, or by motion of the planning commission, or by petition of the owner, contract purchaser, with the owner's written consent, or the owner's agent therefor, of the property which is the subject of the proposed zoning map amendment addressed to the town council. Petitions for change or amendment shall be on forms and filed in a manner prescribed by the planning commission. Petitions by private property owners shall be for contiguous properties only; separate application shall be made by private property owners for non-contiguous properties.

(2)

Rezoning application submissions shall include a traffic impact statement whenever a proposed zoning map amendment substantially affects transportation on town streets through traffic generation of either:

a.

100 vehicles trips per peak hour by residential development;

b.

250 vehicles trips per peak hour by non-residential development; or

c.

2,500 vehicle trips per day by non-residential development.

(3)

The data and analysis contained in the traffic impact statement shall comply with Virginia Department of Transportation Traffic Impact Analysis Regulations 24 VAC 30-155-60 and all applicable town ordinances.

(b)

Report from planning commission. Before taking any action on any proposed amendment, supplement or change, the town council shall submit the same to the planning commission for its recommendations and report. Failure of the commission to report 90 days after the first meeting of the planning commission after the proposal has been referred to the planning commission shall be deemed approval.

(c)

Notice and hearing.

(1)

The planning commission shall hold a public hearing thereon, before submitting its report to the town council. Notice of public hearings before the commission shall be given by publishing the time, place and nature of the hearing once a week for two successive weeks in a newspaper published or having general circulation in the town, provided that such notice for both the planning commission and the town council may be published concurrently. The public hearing shall be held not less than six, nor more than 21, days after final publication. In addition, the commission shall cause the date, time, place and nature of the hearing to be posted conspicuously on the property in accordance with the rules of the commission and a certificate of posting shall become a part of the record of the hearing. The published and posted notices shall contain reference to the place, or places, within the town where the plans, ordinances or amendments may be examined.

(2)

Before approving any proposed change or amendment, the town council shall hold a public hearing thereon, notice of said hearing to be accomplished by publication in a newspaper as prescribed in subsection (c)(1) of this section. The planning commission and the town council may hold a joint public hearing after public notice, as set forth herein above. If such joint hearing is held, then public notice as set forth above, need be given only by the town council. If an advertised hearing is continued or deferred, notice shall be repeated for the new hearing.

(3)

When a proposed amendment involves a change in the zoning classification of 25 or less parcels of land, then, in addition to the advertising as above required, written notice shall be given at least five days before the hearing to the owner, or owners, their agent or the occupant, of each parcel involved, and to the owners, their agent or the occupant of all abutting property and property immediately across the street or road from the property affected; including those properties which lie in an adjoining jurisdiction. Notice sent by registered or certified mail to the last known address of such owner, as shown on the current real estate tax assessment books, shall be deemed adequate compliance with this requirement. If the hearing is continued, notice shall be remailed. Costs of any notice hereunder shall be charged to the applicant.

(4)

When a proposed amendment of the zoning ordinance involves a change in the zoning map classification of more than 25, but less than 500, parcels of land, then, in addition to the advertising as above required, written notice shall be given by the planning commission at least five days before the hearing to the owner, owners, or their agent, of each parcel of land involved. One notice sent by first class mail to the last known address of such owner, as shown on the current real estate tax assessment books, shall be deemed adequate compliance with this requirement, provided that a representative of the commission shall make affidavit that such mailings have been made and file such affidavit with the papers in the case. Nothing in this subsection shall be construed as to invalidate any subsequently adopted amendment or ordinance because of the inadvertent failure by the representative of the commission to give written notice to the owner, owners, or their agent, of any parcel involved.

(5)

Whenever the notices required hereby are sent by an agency, department or division of the town such notices may be sent by first class mail; provided, however, a representative of such agency, department or division shall make affidavit that such mailings have been made and file such affidavit with the papers in the case.

(d)

Withdrawal of application. Applications for a change in zoning may be withdrawn from consideration before the first notice of a public hearing thereon has been published and fees refunded if no publication cost is incurred. Applications for a change in zoning which are withdrawn after first publication shall be considered as denied for the purpose of the one-year limitation on reconsideration as provided in subsection (e) of this section.

(e)

Reconsideration, one-year limitation. Whenever a petition requesting an amendment, supplement or change has been denied by the town council, such petition, for the same change, shall not be reconsidered sooner than one year after the previous denial.

(f)

Action by the town council.

(1)

The town council shall take action on a request for amendment within one year of the date of filing; otherwise the amendment shall be deemed approved. In determining what, if any, amendments to this chapter are to be adopted, the town council shall give due consideration to the proper relationship of such amendments to the entire zoning plan and the integrity and validity of the zoning districts herein described, and to avoidance of isolated unplanned spot-zoning changes in the zoning map. Any amendments adopted by the town council may be modified from the form in which they were advertised within the limits necessary to relate properly such amendment, or amendments, to the zoning plan and this chapter; provided, however, that no land may be zoned to a more intensive use classification than was contained in the public notice without an additional public hearing after notice, as required in subsection (c) of this section.

(2)

In determining what, if any, amendments to the text of this chapter or the zoning map are to be adopted, the town council shall recognize that a certain element of stability is desirable in land use controls and that all citizens have the right to be treated reasonably; at the same time the council recognizes in adopting this chapter that conditions and standards will change, and that no citizen, whether a general resident of the town, a neighbor or an affected property owner, has the right to indefinite continuation of any zoning regulation or classification, and that a citizen, a property owner, the planning commission or the town council, in accordance with the law and the provisions of this chapter, may initiate a change which they believe will properly adjust the zoning regulations and map to the comprehensive plan or changed conditions and standards.

(Code 1972, § 30-10; Code 1992, § 30-10; Ord. No. 2000-4, 6-6-2000; Ord. No. 2004-4, 9-7-2004; Ord. No. 2012-10, § 30-10, 11-20-2012)

State Law reference— Adoption of zoning ordinance, map and amendments, Code of Virginia, § 15.2-2285.

(a)

Purpose. Where competing and incompatible uses conflict, traditional zoning methods and procedures are sometimes inadequate. In such cases, more flexible and adaptable zoning methods are needed to permit differing land uses and at the same time to recognize effects of change. It is the purpose of this section to provide a zoning method as authorized under Code of Virginia, § 15.2-2303, as amended, whereby a zoning reclassification may be allowed subject to certain conditions proffered by the zoning applicant for the protection of the community even though said conditions may not be generally applicable to land similarly zoned. While the conditions may vary from property to property by reason of the nature of the use and different circumstances at a particular location, it is not the intention of this section to authorize conditions limited to a particular individual or group, owner or operator, and the provisions of this section shall not be used for the purpose of discrimination in housing.

(b)

Proffer, in writing.

(1)

As a part of a petition for rezoning or amendment of the zoning district map, the owner or owners of the property involved may, prior to a public hearing before the town council, voluntarily proffer, in writing, such reasonable conditions, in addition to the regulations provided for the zoning district or districts as herein set forth, as he deems appropriate for the particular case; provided that:

a.

The rezoning itself must give rise for the need for the conditions;

b.

Such conditions shall have a reasonable relation to the rezoning;

c.

Such conditions shall not include a cash contribution to the town;

d.

Such conditions shall not include mandatory dedication of real or personal property for open space, parks, schools, fire departments or other public facilities not otherwise provided for in the subdivision ordinance, chapter 40;

e.

The conditions shall not include a requirement that the applicant create a property owners' association under the Code of Virginia, § 55-508, et seq., which includes an express further condition that members of a property owners' association pay an assessment for the maintenance of public facilities owned in fee by a public entity, including open space, parks, schools, fire departments and other public facilities not otherwise provided for in Code of Virginia, § 15.2-2241; however, such facilities shall not include sidewalks, special street signs or markers, or special street lighting in public rights-of-way not maintained by the Virginia Department of Transportation;

f.

Such conditions shall not include payment for off-site improvements, except those provided for in the subdivision ordinance, chapter 40;

g.

No condition shall be proffered that is not related to the physical development or physical operation of the property; and

h.

All such conditions shall be in conformity with the comprehensive plan.

(2)

For the purpose of this chapter, proffered conditions shall be interpreted to include written statements, development plans, profiles, elevations, and/or other demonstrative materials. Materials of whatever nature and intended as conditions shall be annotated with the following statement signed by the owner, or owners, of the subject property: "I (we) hereby proffer that the development of the subject property of this application shall be in strict accordance with the conditions set forth in this submission."

(3)

Once proffered and accepted as part of an amendment to the zoning ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the property covered by such conditions; provided, however, that such conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance.

(c)

Review and revision of proffered conditions.

(1)

Additional conditions or modified conditions may be proffered by the applicant during, or subsequent to, the public hearing before the planning commission; provided, however, that after proffered conditions are signed and made available for public review and the public hearing before the town council has been advertised (whether or not jointly held with the planning commission) no change or modification to any condition shall be approved without a second advertised public hearing thereon.

(2)

After the town council public hearing has been advertised or commenced, should additional or modified conditions be proffered by the applicant, which conditions were discussed at the public hearing before the planning commission, then a second public hearing need be held only before the town council before the application and the modified conditions can be approved.

(3)

Should additional conditions be proffered by the applicant at the time of the public hearing before the town council, which conditions were not addressed at the public hearing before the planning commission, or if the proffered conditions are modified beyond the scope of any conditions considered at the public hearing before the planning commission, the application shall be the subject of a second public hearing before both the planning commission and the town council, which hearing may be either separately or jointly held.

(d)

Annotation of zoning map. The zoning map shall show, by an appropriate symbol on the map, the existence of conditions attaching to the zoning on the map. The administrator shall keep in his office, and make available for public inspection, a conditional zoning index. The index shall provide ready access to the ordinance creating conditions, in addition to the regulations provided for in a particular zoning district. Such conditions shall become a part of the zoning regulations applicable to the property in question, regardless of changes in ownership or operation, unless subsequently changed by an amendment to the zoning map, and such conditions shall be in addition to the specific regulations set forth in this chapter for the zoning district in question. The Index shall also provide ready access to all proffered cash payments and expenditures disclosure reports prepared by the town council, pursuant to Code of Virginia, § 15.2-2303.2. The zoning administrator shall update the Index annually and no later than November 30 of each year.

(e)

Enforcement of conditions.

(1)

The administrator shall be vested with all necessary authority, on behalf of the town council, to administer and enforce conditions attached to such rezoning or amendment to the zoning map, including:

a.

The ordering, in writing, of the remedy of any noncompliance with such conditions;

b.

The bringing of legal action to ensure compliance with such conditions, including injunction, abatement or other appropriate action or proceeding; and

c.

Requiring a guarantee, satisfactory to the town council, in an amount sufficient for and conditioned upon the construction of any physical improvements required by the conditions, or a contract for the construction of such improvements and the contractor's guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by the town council, or agent thereof, upon the submission of satisfactory evidence that construction of such improvements has been completed in whole or in part.

(2)

Provided, further, that failure to meet all conditions shall constitute cause to deny the issuance of any of the required use, occupancy, or building permits, as may be appropriate.

(f)

Conformity of development plans. Upon approval, any site plan, subdivision plat or development plan thereafter submitted for the development of the property in question shall be in substantial conformity with all proffered statements, plans, profiles, elevations or other demonstrative materials, and no development shall be approved by any town official in the absence of said substantial conformity. For the purpose of this section, substantial conformity shall mean that conformity which leaves a reasonable margin for adjustment to final engineering data but conforms with the general nature of the development, the specific uses and the general layout depicted by the plans, profiles, elevations and other demonstrative materials presented by the applicant.

(g)

Change of approved conditions. Once conditions have been approved, and there is cause for an amendment which would not be in substantial conformity with the proffered conditions, then an application shall be filed for an amendment. If the amendment concerns an approved site plan, such application shall include the submission requirements for a site plan set forth in article XXI of this chapter, except that the administrator may waive any submission requirement if such requirement is not necessary for an adequate review of the site plan amendment application. Such amendment shall be the subject of public hearing in accordance with the requirements for a new application.

(h)

Review of the administrator's decision. Any zoning applicant who is aggrieved by the decision of the administrator pursuant to the provisions of subsection (e) of this section may petition the town council for the review of the decision of the administrator. All petitions for review shall be filed with the zoning administrator and with the clerk of the town council within 30 days from the date of the decision for which review is sought and shall specify the grounds upon which the petitioner is aggrieved.

(Code 1972, § 30-11; Code 1992, § 30-11; Ord. No. 2015-1, 4-28-2015)

State Law reference— Conditional zoning defined, Code of Virginia, § 15.2-2201; conditional zoning, Code of Virginia, §§ 15.2-2296—15.2-2300; conditional zoning in certain localities, Code of Virginia, § 15.2-2303.

All departments, officials and public employees of this jurisdiction which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this chapter and shall issue permits for uses, buildings or purposes only when they are in harmony with the provisions of this chapter. Any such permit issued in conflict with the provisions of this chapter shall be null and void.

(Code 1972, § 30-12; Code 1992, § 30-12)

(a)

Any person, whether as principal, agent, employed or otherwise, violating, or causing or permitting the violation of, any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, may be fined not less than $10.00 nor more than $1,000.00. Such person shall be deemed to be guilty of a separate offense for each and every day during which any portion of any violation of this chapter is committed, continued or permitted by such person, and shall be punishable as provided in section 1-11.

(b)

See Chapter 18, article XII, for authority to revoke a business license if in violation of this chapter.

(Code 1972, § 30-13; Code 1992, § 30-13; Ord. of 6-20-1989; Ord. No. 2012-6, § 30-13, 6-19-2012)

State Law reference— Penalty for violation of zoning ordinance, Code of Virginia, § 15.2-2286. A.5.

(a)

For any yard, including front yards, either as required by this chapter or as currently existing and legally established on a lot, the following structural projections shall be permitted, provided applicable sight distance and fire safety requirements are met and maintained and provided no part of the structure is located within any easement or right-of-way:

(1)

Awnings or canopies projecting no more than eight feet from the building face, provided such projection does not reduce the side yard to less than five feet or front or rear yard to less than ten feet.

(2)

Overhanging eaves or gutters projecting no more than three feet from the building face, provided such projection does not reduce the side yard to less than three feet or front or rear yard to less than ten feet.

(3)

Architectural features such as bay windows, chimneys, fireplaces, or the like projecting no more than three feet from the building face, provided such projection does not reduce the side yard to less than five feet or front or rear yard to less than ten feet.

(4)

Decks projecting no more than ten feet from the front building face, provided such projection does not reduce the front yard to less than ten feet. Decks projecting into a side or rear yard provided such projection does not reduce the width of a rear or side yard to less than three feet.

(5)

Porches projecting no more than ten feet from the building face, provided such projection does not reduce the width of a side yard to less than five feet or front or rear yard to less than ten feet.

(6)

Protective coverings or overhangs over a doorway projecting no more than three feet from the existing building face.

(b)

Limits set forth in this section for maximum structural projection from an existing building face shall not apply if minimum yard requirements are met by the entire structure, including the projection.

(c)

For lots with street frontage along more than one public street, any yard adjoining a public street right-of-way shall adhere to the front yard requirements set forth in section 42-15(a).

(d)

In business and industrial districts, structural projections other than overhanging eaves and gutters shall not be permitted into yards adjoining residential districts as required by this chapter.

(Ord. No. 2020-4, 1-12-2021)