(a)

Averaging and clustering permitted. Averaging of lot areas for detached single-family dwellings or clustering of lots and provision of public or private common open space in a subdivision is permitted in the A Agricultural and R-1A, R-1 and R-2 Residential Districts by the terms of this chapter. Average lot area in a subdivision and minimum area and dimensions for any lot are specified herein. Use of a design which incorporates averaging or which includes common open space shall be at the option of the owner, or his agent. These design alternatives are intended to encourage permanent reservation of open space and an efficient and improved use of the land to provide good building sites by taking advantage of topography and minimizing grading or destruction of natural vegetation. Plans shall not be approved where the clear purpose of the design is to subvert the purposes of these regulations by inclusion of excessively unbalanced distribution of land among lots or inclusion of open spaces which are inappropriately located or which will not contribute to the future amenity of the subdivision.

(b)

Procedures; site plan required. A preliminary site plan complying with the requirements of article XXI and the rules of the planning commission, adopted thereunder, shall accompany an application for averaging lot areas or a permitted cluster subdivision under this section. Procedures for review and decision shall be those specified for administrative site plan review under article XXI. In addition, the proposed development shall follow all applicable procedures, standards and requirements governing the subdivision of land.

(c)

Minimum project area. The minimum area of the subdivision shall be sufficient to accommodate at least five lots of minimum average area.

(d)

Resubdivision. No resubdivision or sale, by any means, shall be permitted in a subdivision approved under this section, which resubdivision or sale would in any way create a violation of this chapter.

(e)

Floodplain and water areas. No more than 30 percent of the required minimum area of any lot shall be located in a floodplain area and no part of the area of any lot shall be covered by any body of water, except that no more than 30 percent of the required minimum area of any lot may be covered by the waters of a lake, pond or canal planned and approved as a part of, and wholly, within the subdivision.

(f)

Reduction of lot area, lot width and yard areas permitted. Where proposed building site outlines are shown on an application for averaging lot area or cluster subdivision, the minimum lot area, lot width, lot depth and yard dimensions shall be as follows, provided that public water and sewer services are utilized in the R-1A, R-1, R-2 and R-3 Residential Districts and MU-1 and MU-2 Mixed Use Districts:

Minimum lot size in the A Agricultural District is subject to health department approval where either public water or public sewers are not provided.

(g)

Compatibility with developed properties. An average lot area or cluster subdivision shall be designed to promote harmonious relationships with surrounding adjacent and nearby developed properties, and, to this end, may employ such design techniques as may be appropriate to a particular case, including coordination of yard dimensions, location of lots of various sizes, location of buildings with respect to project boundary lines, location of open spaces and maintenance of vegetation.

(h)

Public facilities and open spaces. Land or easements for public facilities or open space shall be dedicated, conveyed or granted in accordance with the requirements of this article and laws and ordinances governing the subdivision of land.

(i)

Maintenance of common ownership properties. Provisions shall be made for the designation, ownership and maintenance of common ownership properties in accordance with the requirements of article XXI.

(j)

Preservation of landscape amenities. The preservation of natural vegetation, and particularly mature trees, on steep slopes and in stream valleys, should be recognized as a primary design consideration in review and approval of an application under this section. Failure to exercise due care in maintenance of landscape amenities in accordance with approved plans shall be considered a violation of this chapter.

(Code 1972, § 30-174; Code 1992, § 30-196; Ord. of 11-21-1989; Ord. No. 2004-4, § 30-174, 9-7-2004; Ord. No. 2007-1, 4-3-2007)

(a)

Nothing in this chapter shall be interpreted to prohibit condominiums as such by reason of the form of ownership inherent therein. Neither shall any condominium be treated differently under any provision in this chapter which would permit a physically identical project or development under a different form of ownership.

(b)

All condominium projects or developments hereafter constructed shall comply with the provisions of this chapter, including the requirements for approval of site plans. Whenever an existing project or development is to be converted to condominium ownership involving certain land areas to be held as common elements, limited or otherwise, a site plan shall be filed showing the extent and ownership of such holdings. Nothing in this requirement shall be interpreted to abridge any rights said project or development may hold as a nonconforming use.

(c)

Any declaration of restrictions to be filed in connection with any project covered by the provisions of this chapter shall comply in all respects with the provisions of the Virginia Condominium Act not in direct conflict with the requirements of this chapter.

(Code 1972, § 30-175; Code 1992, § 30-197; Ord. No. 2004-4, § 30-175, 9-7-2004)

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

Any residential development, whether for sale or rent, consisting of two or more structures which require ingress and egress to a public street shall meet all requirements of the town subdivision ordinance.

(Code 1972, § 30-176; Code 1992, § 30-198; Ord. No. 2004-4, § 30-176, 9-7-2004)

Portable storage containers are allowed in all zoning districts subject to the following regulations and restrictions:

(1)

Permits and time limitations. Permits shall be required for all portable storage containers. Portable storage containers shall be allowed up to 14 days in any one year period with the exception that portable storage containers used in conjunction with an approved permitted construction, reconstruction or remodeling project shall be allowed for a maximum of 180 total days in any one year period.

(2)

Capacity. Portable storage containers shall not exceed 1,360 cubic feet.

(3)

Permitted areas. Only one portable storage container shall be permitted per single-family residential structure, duplex or vacant lot. Only one portable storage container shall be permitted per 25 units in multifamily residential developments. Portable storage containers shall not be allowed in required greenspace or parking areas with the exception that portable storage containers utilized for construction, reconstruction or remodeling may be within required parking areas.

(4)

Setbacks. Portable storage containers are not to be located within public street rights-of-way in any district other than the B-2 Central Business District or on any private property without the permission of the property owner. Portable storage containers are allowed within public street right-of-way in the B-2 Central Business District only with the permission of the town manager. Portable storage containers that are utilized for more than 14 days shall comply with setbacks of the respective zoning district with the exception of the B-2 Central Business District with permission of the town manager.

(5)

Stacking. Portable storage containers shall not be stacked in any district other than the I-2 General Industrial District.

(6)

Utilities. Portable storage containers shall not be connected to any utilities with the exception that portable storage containers for an approved development project may be connected to electric.

(7)

Advertising. Portable storage containers shall not have any advertisement other than that which identifies the container supplier and their telephone number or advertisements for the business utilizing the container not to exceed six square feet on no more than two sides of the portable storage container.

(8)

Maintenance and aesthetics. Portable storage containers shall not have any graffiti and be in a condition free from rust, peeling paint and other forms of deterioration.

(9)

Exemptions. Portable storage containers shall not require a permit located on, and necessary for, an approved development project, however shall still be subject to provisions (3), (4), (5), (6), (7) and (8) of this section. Portable storage containers shall not require a permit for permitted distribution and storage purposes in the B-3 General Business District, I-1 Limited Industrial District and the I-2 General Industrial District, provided that provisions (3), (4) (5), (6), (7) and (8) of this section are met.

(Code 1992, § 30-199; Ord. No. 2007-1, 4-3-2007)

The Town of Christiansburg may allow the keeping of no more than a total of six chicken hens or chicks and no more than two beehive stands in association with one single-family residence, per parcel in town as an allowed by right urban agriculture use with an approved urban agriculture zoning permit. The urban agriculture zoning permit shall be valid only for the keeping of no more than six chicken hens or chicks and no more than two beehive stands. Pens and beehive stands shall have setbacks of 15 feet from all property lines and 50 feet from dwellings on adjacent properties and no closer to the street right-of-way than the primary dwelling. Such permits shall be valid for chicken hens, chicks, and bees only and shall not be valid for the keeping of roosters, ducks, geese, quail, turkeys, ostriches, peacocks, or any other nondomesticated pet.

All approved urban agriculture uses are required to contain the hens and/or chicks and not allow them to roam at large. Chickens shall be kept in a fully enclosed, secure area not to exceed a total of 128 square feet, hereinafter known as a pen. Pens shall include a coop (enclosed structure) containing a minimum of two square foot per hen and an open run area containing a minimum of eight square feet per hen. The materials used for pens shall be uniform and kept in good condition in order to protect the safety of the chickens. Pens may be portable and shall meet setbacks at all times. All approved urban agriculture uses shall maintain the premises in a clean and sanitary manner and are required to present measures for food storage and containment and disposal of waste prior to approval and shall maintain compliance with all presented measures. The operation of an urban agriculture use shall not include the slaughtering or butchering of chicken hens or chicks.

All approved urban agriculture uses are subject to inspection by the zoning administrator or designee for compliance. All applicants for urban agriculture are responsible for obtaining permission of the property owner and approval of urban agriculture zoning permits does not constitute waiver of any restrictive covenants.

Applicants for an urban agriculture zoning permit shall submit the following for review and approval of the zoning administrator:

(1)

Site drawing showing the size and location of all proposed structures and use areas, the setback distances from street rights-of-way, property lines and nearby dwellings, and any provisions for screening;

(2)

Management plan addressing protection from predators, use of feeding and bedding materials, management and disposal of wastes, and other factors deemed relevant for the protection of the public health.

The town manager or zoning administrator shall have authority to approve urban agriculture zoning permits and may revoke such permits for noncompliance. A permit shall be valid for one year and require a $25.00 fee. The permit is renewable on an annual basis, with the appropriate fee. Should the town manager or zoning administrator have questions regarding compliance with an urban agriculture zoning permit, the town manager or zoning administrator may seek an advisory opinion or recommendation from the planning commission regarding compliance with the permit. The keeping of a garden for the production of fruit or vegetables shall not require an urban agriculture zoning permit and shall be allowed by right in all zoning districts.

(Ord. No. 2016-1, 2-23-2016)

A homestay use is permitted as a minor home occupation, where allowed, subject to the following regulations and restrictions:

(1)

Registration and other requirements.

a.

No host occupant shall operate a homestay or advertise a residential property for homestay use without first registering and obtaining a permit for homestay with the town.

b.

The host occupant shall register with the finance department to collect and remit the town's transient lodging tax and other applicable fees and taxes as set forth in chapter 18, finance and taxation.

c.

The registration shall be valid from January 1 ^st (or from whatever date the registration first occurs) through December 31 ^st of the calendar year, and shall be renewed annually.

(2)

Use regulations.

a.

The dwelling shall be the primary residence of the host occupant. Provided the host occupant meets the definition of primary residence, there shall be no limitation on the number of rental days in a calendar year.

b.

No additional services other than short-term occupancy shall be provided by the host occupant for compensation, including the service of food, beverages, or other event services. This shall not prohibit the host occupant from making available to the guest party food, beverages and other incidental items customarily found within a residence.

c.

The use of accessory structures for living accommodations shall be prohibited.

d.

The minimum contract rental period for the guest party shall be 24 hours.

e.

Occupancy by the guest party shall be limited to two families or eight occupants, whichever number is greater. There shall never be more occupants than permitted by the Virginia Uniform Statewide Building Code.

f.

No outdoor signs in conjunction with the homestay shall be displayed on the property.

g.

Parking for the homestay shall be confined to the driveway, garage, or the portion of street right-of-way adjacent to the property. On-street parking limitations shall not apply to property within the B-2, Central Business District.

h.

The guest party shall not park recreational vehicles, trailers, buses, commercial vehicles or other vehicles of a similar character on the property.

i.

The garbage and recycling collection schedule and guidelines shall be posted in a prominent location inside the dwelling.

(3)

Safety regulations.

a.

There shall be a working fire extinguisher located in the kitchen.

b.

There shall be a working smoke detector in every room where the guest party sleeps.

c.

There shall be a working carbon monoxide detector within the dwelling if the dwelling contains a gas heater, gas appliance, or an attached garage.

d.

The dwelling shall provide ingress/egress as required by the Virginia Uniform Statewide Building Code.

e.

A safety inspection shall be performed by the building and fire departments prior to issuance of a permit for homestay use.

(4)

Registration suspension or cancellation. The town manager or zoning administrator shall have the authority to suspend or revoke a registration for the following reasons:

a.

Failure to collect and/or remit the transient occupancy tax or any other fees and taxes as required by chapter 18, finance and taxation.

b.

Three or more substantiated complaints within a 12-month period for violations of the use regulations and safety regulations outlined in this section.

(Ord. No. 2019-3, 1-22-2019)