The regulations of this article are intended to supplement the applicable zoning district regulations and the other development standards of this appendix in a manner that specifically addresses the unique development challenges of certain uses, facilities, and structures.

The supplementary regulations of this article shall apply to the uses, structures, and facilities as set forth in this article, shall apply in all zoning districts unless otherwise stated herein, and shall supplement the requirements of the applicable zoning district regulations and the other applicable standards of this appendix. The supplementary regulations are applicable to new development, redevelopment, or a change of use.

(a)

The standards listed as general standards shall apply in all zoning districts in which the use, structure, or facility is permitted by right or by conditional use.

(b)

Where a specific zoning district is indicated, the standards listed shall apply to that zoning district, in addition to any general standards listed for the use, structure, or facility.

(a)

Applicability. Principal uses which are allowed by right or by conditional use may include accessory uses and structures as defined in this appendix, provided such uses and structures are directly associated with and incidental to the principal permitted use located on the same lot, and provided they are designed and located in accordance with the provisions of this appendix. The supplemental regulations of this section shall apply, both generally and as specifically delineated within this section, to accessory uses and structures.

(b)

General standards.

(1)

An accessory use shall not include the conduct of trade unless permitted in conjunction with a permitted use.

(2)

An accessory use shall be located on the same lot as the principal use which it serves.

(3)

An accessory structure shall not be used for human habitation unless otherwise specifically permitted in this appendix.

(4)

An accessory use shall be subject to the same screening and buffering requirements of this appendix as may apply to the principal use.

(5)

Accessory buildings shall be subject to the following maximum size and height standards:

(A)

The cumulative square footage of all accessory structures, excluding outdoor tennis courts and in-ground swimming pools, shall not exceed 40 percent of the gross floor area of the principal structure, provided that for purposes of such calculation, basement areas which are not considered a story above grade plane, as defined and determined by the building code, and unfinished attics shall not be included in the gross floor area of the principal structure.

(B)

The maximum height of any accessory building shall be less than the height of the principal building.

(6)

In any residential zoning district, a manufactured home, mobile home, trailer, camper, or motor vehicle, or portion thereof, shall not be used as an accessory structure for the purpose of storage or for any other accessory use.

(c)

Setbacks and spacing standards, general. Except for fences, walls, or outdoor light support structures, or as otherwise provided in this section, the following setback and spacing requirements shall apply to accessory structures:

(1)

Accessory structures shall be located no closer than five feet to a rear or side lot line, except as provided in subsection (f) of this section.

(2)

Accessory structures shall be located no closer to any street than the principal building, except as set forth in subsections (c)(2)(A) and (B) of this section, provided such exceptions set forth in subsection (c)(2)(A) and (B) of this section shall not apply to refuse dumpster enclosures.

(A)

In the case of any corner lot with more than two street frontages or any through lot, such requirement shall apply to only one street, provided no accessory structure shall be located closer than five feet to any such lot line abutting a street; or

(B)

In the case of any corner lot with two street frontages, such requirement shall not apply to a side street yard, provided no accessory structure shall be located closer than five feet to such side street lot line.

(3)

Accessory structures shall be located no closer than six feet to a principal structure or another accessory structure.

(d)

Amateur radio towers and antennas. Amateur radio towers and antennas, as permitted by right as accessory structures as set forth in the use tables of article 4 [of this appendix], shall be subject to the following supplemental regulations:

(1)

Amateur radio towers and antennas shall not be subject to the maximum height regulations of the applicable zoning district, provided that in no case shall they exceed a height of 75 feet above ground level;

(2)

Amateur radio towers and antennas shall comply with the yard requirements of the principal building; and such yard requirements shall apply to any guy wire supports as well as the radio tower and antenna;

(3)

Amateur radio towers and antennas, including any guy wires, shall be located no closer to the street on which the principal building fronts than the principal building; and

(4)

Amateur radio towers and antennas shall be dismantled and removed from the site within 180 calendar days of the tower no longer being used.

(e)

Dumpsters or refuse containers. Dumpsters or refuse containers shall be subject to the following supplemental regulations:

(1)

Dumpsters and refuse containers shall be screened with an enclosure, pursuant to the screening regulations of section 7-17 [of this appendix], at a minimum height of one foot above the height of the dumpster or other similar receptacle. For the purposes of satisfying the requirement of this section, slats inserted in a chain link fence shall not constitute a visually opaque screen and shall not be an acceptable screening material for an enclosure for a refuse dumpster or other refuse container.

(2)

Where dumpsters or refuse containers for non-residential uses are located on a lot which abuts a residentially zoned lot, such containers shall be located no closer than 15 feet to the abutting residentially zoned lot.

(f)

Garages or carports, detached. Minimum setbacks for detached garages or carports shall conform to subsection (c) of this section, except that the minimum setback requirement from a lot line abutting an improved alley shall be three feet.

(g)

Parking structures. Parking structures may be located closer to the street than the principal building, but shall not be located in the required front yard.

(h)

Portable storage containers. Portable storage containers located on and necessary for an approved construction project are regulated in section 6-14(b) [of this appendix], and portable storage containers permitted and approved as temporary accessory uses are regulated in section 6-14(d) [of this appendix].

(i)

Recycling drop-off stations. Recycling drop-off stations, where permitted as accessory uses by this appendix, shall be subject to the following supplemental regulations:

(1)

Where receptacles for recyclable materials are located outside of a building, they shall be located so as not to disrupt or interfere with on-site traffic circulation, required fire lanes, required parking, or required loading or stacking spaces.

(2)

A specific circulation pattern shall be established to provide safe and easy access to recycling receptacles. Adequate space shall be provided for the unloading of recyclable materials.

(j)

Swimming pools and tennis courts. Swimming pools and tennis courts shall comply with the setbacks and spacing requirements for accessory structures as set forth in subsection (c) of this section.

(k)

Temporary family health care structures. For purposes of this section, a "caregiver" shall mean an adult who provides care for a mentally or physically impaired person within the Commonwealth of Virginia; such caregiver shall be either related by blood, marriage, or adoption to, or be the legally appointed guardian of, the mentally or physically impaired person for whom he is caring. Temporary family health care structures shall be subject to the following supplemental regulations:

(1)

Occupancy of the structure shall be limited to one occupant who is a resident of Virginia and who shall be the mentally or physically impaired person or, in the case of a married couple, two occupants, who are residents of Virginia, one of whom is a mentally or physically impaired person, and the other requires assistance with one or more activities of daily living as defined in Code of Virginia, § 63.2-2200, as amended, as certified in writing by a physician licensed by the Commonwealth of Virginia;

(2)

The structure shall be located on the same lot as a single-family detached dwelling and on property owned or occupied by the caregiver as his residence;

(3)

The structure shall not exceed 300 square feet in gross floor area;

(4)

Placement of the structure on a permanent foundation shall not be permitted;

(5)

The structure shall comply with all setback requirements that apply to the principal residential dwelling on the lot and with any maximum floor area ratio limitations that may apply to the principal residential dwelling;

(6)

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

(7)

The structure shall comply with applicable provisions of the Industrialized Building Safety Law, pursuant to Code of Virginia, §§ 36-70 et seq., as amended, and the Virginia Uniform Statewide Building Code;

(8)

No signage advertising or otherwise promoting the existence of the structure shall be permitted either on the exterior of the structure or elsewhere on the property;

(9)

Only one such structure shall be permitted on a lot;

(10)

Any such structure installed pursuant to this section shall be removed within 60 days of the date on which the temporary family health care structure was last occupied by a mentally or physically impaired person receiving services or in need of the assistance provided for in this section; and

(11)

As long as the structure remains on the property, a letter of certification, written by a licensed physician, shall be provided to the zoning administrator on an annual basis to ensure continued compliance with this section. The zoning administrator may inspect the temporary family health care structure at reasonable times convenient to the caregiver, not limited to any annual compliance inspection.

(a)

Applicability. In any district in which an adult use is permitted, if such use constitutes an "adult use" as defined in this section, the minimum requirements and standards set out in this section shall apply to such use.

(b)

Definitions. In this section, unless the context otherwise requires, the following words and terms are defined as set out herein.

(1)

Adult bookstore. An establishment that devotes more than 15 percent of the total floor area utilized for the display of books and periodicals to the display and sale of the following:

(A)

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records, or other forms of visual or audio representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or

(B)

Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities. An adult bookstore does not include an establishment that sells books or periodicals as an incidental or accessory part of its principal stock-in-trade and does not devote more than 15 percent of the total floor area of the establishment to the sale of books and periodicals.

(2)

Adult drive-in theatre. An open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions, and other forms of visual productions, for any form of consideration, to persons in motor vehicles or on outdoor seats, and 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.

(3)

Adult mini-motion picture theatre. An establishment, with a capacity of more than five but less than 50 persons, where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.

(4)

Adult model studio. Any establishment open to the public where, for any form of consideration or gratuity, figure models who display "specified anatomical areas" are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons, other than the proprietor, paying such consideration or gratuity. This provision shall not apply to any school of art which is operated by an individual, firm, association, partnership, corporation, or institution which meets the requirements established in the Code of Virginia, as amended, for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma.

(5)

Adult motion picture arcade. Any place to which the public is permitted or invited where coin or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas" for observation by patrons.

(6)

Adult motion picture theatre. An establishment, with a capacity of 50 or more persons, where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction of "specified sexual activities" or "specified anatomical areas" for observation of patrons.

(7)

Adult use. Any adult bookstore, adult motion picture theatre, adult mini-motion picture theatre, adult motion picture arcade, adult model studio, adult drive-in theatre, or massage parlor, as defined in this subsection.

(8)

Massage. A method of treating the external parts of the human body for comfort or the general well-being of the body or for remedial or hygienic purposes, consisting of rubbing, stroking, kneading, tapping or vibrating with the hand or any instrument.

(9)

Massage parlor. Any establishment or place where massages are administered or where any person engages in, conducts or carries on, or permits to be engaged in, conducted or carried on, any business of giving Turkish, Swedish, vapor, sweat, electric, salt, magnetic or any other kind or character of massage, baths, alcohol rub, fomentation, manipulation of the body or other similar procedure. This definition shall not be construed to include a hospital, nursing home, medical clinic, or the office of a duly licensed physician, surgeon, physical therapist, chiropractor, or osteopath, or to barber shops or beauty shops in which massages are administered only to the scalp, the face, the neck or the shoulders.

(10)

Specified anatomical areas.

(A)

Less than completely and opaquely covered:

(i)

Human genitals, pubic region;

(ii)

Buttocks; and

(iii)

Female breast below a point immediately above the top of the areola; and

(B)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(11)

Specified sexual activities.

(A)

Human genitals in a state of sexual stimulation or arousal;

(B)

Acts of human masturbation, sexual intercourse or sodomy; and

(C)

Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breast.

(c)

Requirements and standards.

(1)

No adult use may be established within 2,000 feet of any other such adult use in any zoning district.

(2)

No adult use may be established within 2,000 feet of a residentially zoned district, or a school, educational institution, church, public park, playground, playfield or day care center.

(3)

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

(a)

Purpose. The purpose of this section is to permit, under certain established criteria, the establishment of bed and breakfast facilities within owner-occupied, single-family dwellings, in order to enable owners to maintain large residential structures in a manner which keeps them primarily in residential uses and to provide an alternative form of lodging for visitors who prefer a residential setting. The intent of the regulations is to allow for a more efficient use of large, older houses in residential areas, while preserving the character of the residential neighborhood.

(b)

Applicability. The supplemental regulations set out in this section shall apply to bed and breakfast establishments permitted by this appendix as of right or by conditional use.

(c)

Location. In any zoning district in which bed and breakfast establishments are permitted, such establishments shall be located within a single-family detached dwelling.

(d)

General standards.

(1)

Any building erected, enlarged, or modified to accommodate a bed and breakfast establishment shall maintain the appearance of a single-family residence. No rooms shall have direct entrance or exit to the outside of the building, except that emergency exits may be provided for emergency purposes when required by the fire marshal.

(2)

The owner or owner's family shall reside at the same site occupied by the bed and breakfast establishment.

(3)

No more than six guest sleeping rooms shall be utilized for a bed and breakfast establishment, and the number of guest occupants shall not exceed 12.

(4)

No cooking shall be permitted in guest rooms.

(5)

Guests may stay no more than 30 nights in any 12-month period. The operator of the bed and breakfast shall maintain a log of all guests, including name, address, license plate number, and length of stay, and shall make such log available to the zoning administrator upon request.

(6)

Required parking for guests and employees shall be provided on-site and shall be located behind the front line of the building.

(7)

One sign of no more than four square feet, identifying the bed and breakfast establishment, shall be permitted. Such sign may be attached to the building or may be freestanding. If freestanding, such sign shall not exceed four feet in height.

(8)

Only accessory uses or structures which are incidental and subordinate to a single-family detached dwelling shall be permitted in conjunction with a bed and breakfast establishment.

(a)

Applicability. Fences, walls, and hedges shall be subject to the supplemental regulations of this section.

(1)

For the purpose of this section, fences or walls shall be deemed to be physical or visual barriers enclosing or separating properties or portions of properties. Any such barrier which is made up solely of shrubbery or similar vegetation shall be deemed to be a hedge.

(2)

For the purpose of this section, "walls" shall include decorative walls and walls intended as a buffer or screen. The supplemental regulations of this section shall not apply to retaining walls.

(3)

Unless the context clearly indicates otherwise, use of the term "fence" in this section shall be deemed to include walls and hedges.

(4)

The grouping of living trees on a property, even when planted or maintained for the purpose of creating a physical or visual barrier within or between properties, shall not be deemed a fence and therefore shall not be subject to the requirements of this section.

(5)

Grass, weeds and other similar vegetation shall not be deemed to constitute a hedge and shall be subject to the requirements of chapter 90 of the Town Code, entitled "Vegetation."

(6)

Maximum height standards for fences and walls shall include all caps or other extensions, except as provided in subsection (b)(1) of this section.

(b)

Exemptions from maximum height regulations for fences and walls. In all zoning districts, the following are exempt from the maximum height regulations for fences and walls set forth in subsections (c) and (d) of this section.

(1)

Decorative fence posts, wall columns, and gateposts. Decorative fence posts, wall columns, and gateposts may exceed the maximum heights for fences and walls, provided:

(A)

The widths of such posts or columns do not exceed 18 inches;

(B)

Such posts or columns are separated from each other by an average distance of five feet when measured from center to center; and

(C)

Such post or column does not exceed the fence or wall height by more than 18 inches.

(2)

Public facility installations. Electrical, telephone and other public facility installations which are otherwise in compliance with this appendix, and for which specific fencing requirements are imposed by recognized national safety codes, may have such protective fencing as is required by such codes, up to a maximum height of ten feet. Whenever such installations are located on property in a residential zoning district or are within 200 feet of a residential structure, the issuance of any permit for the installation of such protective fencing shall require a landscape plan for the site reviewed and approved by the zoning administrator which shall meet the planting requirements of section 7-15(d)(2) [of this appendix] in order to mitigate conflict with the character of the surrounding neighborhood.

(3)

Recreational courts. Fences immediately surrounding any tennis court, volleyball court, basketball court or any area used for any similar purpose shall be permitted up to a maximum height of 12 feet.

(c)

Standards for fences, walls, and hedges in the CN, R-1, R-2, and R-3 Districts.

(1)

Maximum height. Except as set forth in section 2-9 [of this appendix] for sight distances triangles, and as exempted in subsection (b) of this section, the maximum height for all fences, walls, and hedges located on any property in the CN, R-1, R-2, or R-3 Districts shall be subject to the standards of Table 6-6-1:

(2)

Specialty fences. The use of barbed wire, razor wire, electrified wire and similar wire types shall be prohibited in any residential zoning district.

(d)

Standards for fences, walls, and hedges in the BG and BD Districts. Except as set forth in section 2-9 [of this appendix] for sight distance triangles, and as exempted in subsection (b) of this section, the maximum height for all fences, walls, and hedges located on any property in the BG and BD Districts shall be subject to the standards of Table 6-6-2:

(a)

Purpose. The intent of the regulations of this section is to permit the development of group care facilities in appropriate locations throughout the town, to ensure compatibility of these uses within the neighborhoods in which they are located, and to establish standards to encourage an adequate quality of service to the users of such facilities.

(b)

Applicability. The supplemental regulations of this section shall apply to any group care facility permitted by this appendix.

(c)

Standards.

(1)

No group care facility shall be located closer than 1,500 feet to another group care facility. This spacing requirement shall apply to any group care facility on a separate lot, regardless of whether or not the group care facilities are under common ownership. The applicant shall provide a scaled map of the lot lines for the subject property and the lot lines for the nearest group care facility as part of any application for a conditional use, site plan approval, or a zoning permit.

(2)

The maximum number of occupants of a group care facility, including supervisory personnel and family members living on the premises, shall be based on the following schedule:

(3)

A group care facility shall provide 100 square feet of usable open space per occupant.

(4)

On-site parking and exterior activity areas for a group care facility shall be screened from adjoining properties by a minimum of six-foot high screening pursuant to section 7-17 [of this appendix] or a five-foot wide buffer yard planted with one row of evergreen trees at a minimum rate of one tree per eight linear feet, or portion thereof.

(a)

Purpose. The intent of the regulations of this section is to permit, under certain established criteria, a small-scaled business activity within, and accessory to, a residential dwelling, whether owner or renter-occupied. The purposes of the regulations and performance standards for establishing such uses are:

(1)

To limit the scope and nature of such uses and ensure that such home occupations are compatible with, and do not have a deleterious effect on, adjacent and nearby residential properties and uses;

(2)

To ensure that public and private services such as streets, sewer, water, or utility systems are not burdened by the home occupation to the extent that usage exceeds that normally associated with residential use;

(3)

To allow residents of the community to use their residences as places to enhance or fulfill personal economic goals under certain specified standards, conditions, and criteria;

(4)

To enable the fair and consistent enforcement of these home occupation regulations; and

(5)

To promote and protect the public health, safety, and general welfare.

(b)

Applicability. Regulations of this section shall apply to all home occupations in any zoning district in which they are permitted as of right or by conditional use. No home occupation, unless otherwise provided in this section, may be initiated, established, or maintained except in conformance with the regulations and performance standards set forth in this section.

(c)

Prohibited home occupations. The following uses shall be specifically excluded as home occupations: machine shop, welding shop, escort service, furniture refinishing or upholstery, sign making, and special trade contractors who are engaged in metalworking or cabinetmaking.

(d)

General standards for all home occupations. Any home occupation shall be subject to the following standards:

(1)

A home occupation shall be subordinate and clearly incidental in both character and scale to the use of a dwelling unit for residential purposes and shall not change the residential character of the dwelling. Any change to the outside residential appearance of the dwelling or premises for the purpose of the establishment of, or for calling attention to, any home occupation shall be prohibited.

(2)

No more than one person other than family members residing on the premises shall be engaged in or employed by any home occupation.

(3)

A home occupation shall be conducted entirely within the interior of the principal residential building or within the interior of an accessory building located on the same lot. If located within an accessory building, such structure shall be a garage or other accessory structure typically associated with a dwelling.

(4)

A home occupation shall not occupy more than a cumulative total of 25 percent of the finished floor area of any dwelling unit or accessory structure in which the home occupation is located. Storage of goods or products shall not exceed 5 percent of the finished floor area.

(5)

There shall be no outdoor storage or visible evidence of goods, products, equipment, or materials associated with the home occupation. No toxic, explosive, flammable, radioactive, or other hazardous materials used in conjunction with the home occupation shall be used, sold, or stored on the site.

(6)

There shall be no display of goods, merchandise, or products visible from the street or any adjoining property.

(7)

No business identification or advertising sign shall be permitted on the property, identifying or advertising the home occupation.

(8)

No traffic shall be generated by such home occupation in type or volume than would normally be expected in a residential neighborhood.

(9)

There shall be no addition of parking spaces to accommodate the home occupation.

(10)

No commercial motor vehicle shall be used, parked, or stored on the site in connection with the home occupation.

(11)

No equipment or processes not normally associated with a dwelling unit or which cannot be accommodated on existing utility or standard electrical services shall be permitted. Furthermore, a home occupation shall not increase demand on water, sewer, or garbage collection services to the extent that the combined demand for the dwelling and home occupation is significantly more than is normal to the use of the property for residential purposes.

(12)

A home occupation shall not utilize mechanical, electrical, or other equipment or process which generates noise, electrical or magnetic interference, vibration, heat, glare, dust, odors, or fumes outside the dwelling or accessory structure housing the home occupation. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or through common walls.

(13)

Mechanized equipment shall be used only in a completely enclosed building.

(14)

Deliveries related to a home occupation shall be limited to the United States Postal Service, parcel delivery services, and messenger services. A home occupation shall not involve the commercial delivery by tractor trailer of materials or products to or from the premises.

(15)

A home occupation shall comply with all local, state, or federal regulations pertinent to the activity pursued, and the requirements of or authorization granted by this appendix shall not be construed as an exemption from such regulations.

(e)

Specific standards for certain types of home occupations.

(1)

Home occupations relating to landscaping or lawn services may operate as a home occupation if the home occupation is used only for office functions.

(2)

Home occupations relating to repair and service on motor vehicles, appliances, or similar goods may operate as a home occupation if the home occupation is used only for office functions.

(a)

Purpose. The intent of this section is to establish standards that will allow for multifamily dwellings to be appropriately located with other compatible types of housing and intermingled with non-residential uses. The purpose of the following standards is to ensure the efficient, economical, comfortable, and convenient use of land and open space and serve the public purposes of zoning by providing an alternative to the conventional arrangement of yards, buildings, and densities.

(b)

Applicability. The regulations contained in this section shall be applicable in any zoning district in which multifamily dwellings are permitted as of right or by conditional use permit.

(c)

Standards. In accordance with the general purpose set out in this section, multifamily dwellings shall be subject to the following supplemental regulations:

(1)

Separation. Each building shall be separated by a minimum of 60 feet between facing living areas and a minimum of 30 feet between windowless walls or corners of buildings placed at right angles (90 degrees) to one another.

(2)

Interior yards. All interior yards shall be increased one foot for each additional foot of height over 35 feet.

(3)

Public water and sewer. Multifamily dwellings shall be required to be served by public water and sewer.

(a)

Purpose. The intent of this section is to provide regulations for outdoor storage on properties, where permitted by this appendix, to ensure that such storage is not a hazard to the public health and safety and does not have a depreciating effect upon adjacent property values, does not impair scenic views, or does not constitute a nuisance.

(b)

Applicability. The regulations contained in this section shall be applicable in any zoning district in which outdoor storage is permitted as of right or by conditional use permit.

(c)

Standards. In accordance with the general purpose set out in this section, and where permitted by this appendix, outdoor storage shall comply with the following requirements:

(1)

Outdoor storage areas shall not be located in any required yard, in any area included in the calculation of required open space, or in any required off-street parking spaces, vehicular or pedestrian access, or landscaped areas.

(2)

Outdoor storage areas shall not be located closer to a public street than the primary building facade on the lot.

(3)

Outdoor storage areas that are visible from a street or that abut residential zoning district boundaries shall be screened from view by providing a minimum of six-foot-high screening pursuant to section 7-17 [of this appendix]

No motor vehicle intended or designed to transport caustic, flammable, explosive, or otherwise dangerous materials, and no commercial motor vehicle or panel truck, shall be parked or left standing in a Residential R-1, R-2, or R-3 District for more than two hours at any time except for:

(a)

School buses and emergency vehicles;

(b)

Vehicles being loaded or unloaded;

(c)

Vehicles belonging to or used by the occupant of a business premises, when the business premises constitute a legally nonconforming use;

(d)

Vehicles, the occupants of which are actually engaged in work on the premises; and

(e)

Vehicles being used in connection with utility or street work.

(a)

A recreational vehicle, travel trailer, truck camper, camping trailer, motor coach home, tent trailer, converted inhabitable truck or bus, boat, boat trailer, utility trailer, or other trailer may be parked or stored on a lot, but not inhabited for a period exceeding 24 hours, in a Residential R-1, R-2, or R-3 District, provided that such motor vehicle or equipment shall be:

(1)

Licensed for the current year;

(2)

Located no closer to any street than the principal building or parked or stored in a completely enclosed garage on the property; and

(3)

Not over 32 feet in length or nine feet in height.

(b)

No recreational vehicle, travel trailer, truck camper, camping trailer, motor coach home, tent trailer, converted inhabitable truck or bus, boat, boat trailer, utility trailer, or other trailer shall be parked, stored, or left standing on any street or alley located in a Residential R-1, R-2, or R-3 District, except for motor coach homes, recreational vehicles, or travel trailers which may be parked or left standing on such street or alley for up to but not exceeding ten calendar days within any three-month period.

(a)

Applicability. This section applies to any satellite dish antenna, except as follows:

(1)

An antenna that is used to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite, and is one meter (3.28 feet) or less in diameter;

(2)

An antenna that:

(A)

Is used to receive video programming services via multipoint distribution services, including multi-channel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite; and

(B)

Is one meter (3.28 feet) or less in diameter or diagonal measurement;

(3)

An antenna that is used to receive television broadcast signals;

(4)

A mast supporting an antenna described in subsections (a)(1), (a)(2), and (a)(3)of this section;

(5)

A satellite earth station antenna that is two meters (6.56 feet) or less in diameter and is located or proposed to be located in any business zoning district; or

(6)

A satellite earth station antenna that is one meter (3.28 feet) or less in diameter in any area, regardless of land use or zoning category.

(b)

Generally. A satellite dish antenna shall not be used for any commercial or advertising purposes; otherwise, it shall be deemed a sign and shall be subject to the sign regulations set forth in article 7, division 3 [of this appendix].

(c)

Location. A satellite dish antenna shall not be located or mounted:

(1)

In any front or side yard as may be required in any residential or business zoning district; or

(2)

On the roof or wall of a building which faces a public right-of-way.

(d)

Plan approval. A satellite dish antenna shall require scale drawing plan approval, pursuant to section 9-22 [of this appendix].

(e)

Screening. Without restricting its operation, a satellite dish antenna located on the ground or on the top of a building shall be screened from view from streets.

(f)

Height and setbacks. In addition to the location requirements of subsection (c) of this section, satellite dish antennas shall be subject to the height and setback regulations set forth in tables 6-13-1 and 6-13-2.

(a)

Applicability. Authorized temporary uses, including permitted locations, duration, and maximum number per calendar year, and whether or not a zoning permit is required, shall be as set forth in Table 6-14-1.

(b)

Construction-related activities.

(1)

Temporary structures are permitted in connection with the site of building and land development or redevelopment, as set forth in Table 6-14-1. Such building and land development or redevelopment shall include grading, paving, installation of utilities, building construction, and the like, and such structures may include offices, model home offices, construction trailers, and storage buildings, as well as portable storage containers and construction refuse containers.

(2)

Refuse containers on construction sites shall be subject to the following requirements:

(A)

No construction refuse container may impede pedestrian or vehicular access to and from adjoining properties or otherwise create an unsafe condition for pedestrian and vehicular traffic;

(B)

Every construction refuse container shall clearly identify the owner of such dumpster and telephone number and shall be clearly labeled for the purpose of containment of construction materials only; and

(C)

Every construction refuse container shall be emptied when full so as not to create an unsightly or dangerous condition on the property resulting from the deposit, existence, and accumulation of construction materials.

(c)

Outdoor retail sales.

(1)

This subsection shall apply to any temporary outdoor retail sales activity, except for the following uses which shall be exempt from the regulations of this subsection: mobile food or ice cream vendors; the sale of goods as part of a neighborhood fair or other special event which has an approved zoning permit; and produce stands, Christmas tree sales, fireworks stands, or temporary uses regulated elsewhere in this section.

(2)

A temporary outdoor retail sales display shall be permitted as set forth in Table 6-14-1, provided that:

(A)

The sales activity is incidental to the principal use of the property;

(B)

The sales activity is conducted or sponsored by an on-site tenant;

(C)

The temporary outdoor retail sales display area shall not encroach into a public right-of-way and shall not utilize required parking or loading spaces; and

(D)

Temporary retail sales activities shall be prohibited on vacant property.

(d)

Portable storage containers. The supplemental regulations of this subsection shall apply, both generally and as specifically delineated within this subsection, to the placement, location, erection, or relocation of any portable storage container, except containers related to construction activities as provided in subsection (b) of this section. Portable storage containers shall be permitted as temporary accessory uses as set forth in article 4 [of this appendix] and in Table 6-14-1 [of this appendix], subject to the following additional standards:

(1)

The following general standards shall apply to any portable storage container permitted as a temporary use by this appendix:

(A)

The temporary placement of any portable storage container on a lot shall be permitted only upon issuance of a zoning permit;

(B)

The zoning permit shall be displayed on the outside of the portable storage container;

(C)

The temporary placement of a portable storage container shall not be permitted on any lot that does not contain a principal structure;

(D)

The temporary placement of portable storage containers shall be permitted only for temporary storage for the principal use of the lot on which such container is located;

(E)

Portable storage containers shall not be connected to any utilities;

(F)

No more than two signs may be displayed on any portable storage container, and such signs shall be limited to identification of the supplier of the container and the supplier's phone number; and

(G)

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

(2)

In addition to the general standards set forth in subsection (d)(1) of this section, portable storage containers permitted as a temporary use by this appendix in the residential districts (R-1, R-2, and R-3) shall be subject to the following regulations:

(A)

No more than one portable storage container shall be allowed on a lot, and such container shall be permitted only in connection with a construction, rehabilitation, or restoration activity on the lot, or a relocation to or from the property; and

(B)

No portable storage container shall have dimensions greater than 16 feet in length, eight feet in width, and 8.5 feet in height.

(3)

In addition to the general standards set forth in subsection (d)(1) of this section, portable storage containers permitted as a temporary use by this appendix in the CN, BG, and BD Districts shall be subject to the following regulations:

(A)

One or more portable storage containers may be permitted per zoning lot per zoning permit, except that no more than three containers shall be permitted simultaneously per lot;

(B)

No portable storage container shall be located closer to a street than the principal building;

(C)

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

(D)

No portable storage container shall be located closer than five feet to any side or rear lot line, but in no case shall such container be located within a required buffer yard.

(e)

Public events. For purposes of this section, a "public event" means an event, series of events, or organized activities for a historical, social, educational, cultural, or special theme, held for a limited period of time and open to the public. Temporary public events shall include, without limitation, carnivals, festivals, exhibits, outdoor dances, fundraisers, fairs, and concerts. Public events, including associated temporary structures such as tents, shall be permitted as set forth in Table 6-14-1, provided that:

(1)

The following public events shall be exempt from the requirements of a zoning permit:

(A)

Events that use no tents or air-supported structures that cover an area greater than 900 square feet or have an occupant load greater than 50 persons;

(B)

Events that use no temporary structures greater than 120 square feet in area;

(C)

Events that are accessory in nature to the principal use of the property on which the event is being held;

(D)

Events that do not use amusement devices requiring a building permit; and

(E)

Events lasting four days or less.

(2)

A temporary structure, including any tent, may be permitted to remain on site for a period of not more than two calendar days following the time period for which the zoning permit for the temporary public event is issued;

(3)

Adequate provision shall be made for utility services; and

(4)

Such public event shall not occur between the hours of 10:00 p.m. and 6:00 a.m.

(f)

Garage or yard sales. For purposes of this section, a "garage or yard sale" means any public sale operated out of a single-family, two-family, multifamily, or townhouse dwelling at which personal items belonging to the residents of the dwelling are sold, and being of two hours' duration or more. Garage or yard sales shall be permitted as set forth in Table 6-14-1, provided that:

(1)

Items purchased elsewhere expressly for resale at a yard or garage sale shall be prohibited;

(2)

Goods intended for sale shall not be stored or displayed in the front or side yards of a dwelling except on the day of the sale; and

(3)

No signs advertising the sale or giving directions to its location shall be used, erected, or allowed on any right-of-way, publicly owned land, or utility poles.

(a)

Purpose. The intent of this section is to establish standards that will allow for townhouses to be appropriately intermingled with other compatible types of housing. The purpose of the following standards is to ensure the efficient, economical, comfortable, and convenient use of land and open space and serve the public purposes of zoning by providing an alternative to the conventional arrangement of yards and buildings.

(b)

Applicability. The regulations contained in this section shall be applicable in any zoning district in which townhouses are permitted as of right or by conditional use permit.

(c)

Standards. In accordance with the general purpose set out in this section, townhouses shall be subject to the following supplemental regulations:

(1)

Public water and sewer. Townhouses shall be required to be served by public water and sewer.

(2)

Contiguous units. A maximum of ten dwelling units shall be permitted to be constructed in a contiguous series of townhouses.

(3)

Minimum width. The minimum width of an individual townhouse lot shall be 18 feet measured from center of wall to center of wall for interior lots and from center of wall to outside face of the end wall for end lots.

(4)

Lot area and lot frontage. The minimum lot area and lot frontage requirements for any building housing townhouse units shall be as set forth in article 4 [of this appendix] in the dimensional regulations of the zoning district in which it is located.

(5)

Density. The permitted density of residential development shall be governed by the density regulations set forth in article 4 [of this appendix] for the zoning district in which the townhouse units are located.

(6)

Height. The maximum height shall be governed by the maximum height regulations set forth in article 4 [of this appendix] in the dimensional regulations of the zoning district in which the townhouse units are located.

(7)

Separation. The minimum separation between any buildings containing contiguous townhouse dwelling units shall be 20 feet. The minimum separation between any building containing contiguous townhouse dwelling units and any other adjacent principal structure shall be 40 feet.

(8)

Right-of-way setback. No townhouse unit shall be located closer than 25 feet to any adjacent public right-of-way or within 15 feet of any adjacent common vehicular drives, access roads, or parking areas.

(9)

Side yards. Where the lot on which a building housing townhouse units adjoins a different zoning district or use, a minimum side yard of 30 feet in width shall be provided for any applicable end townhouse unit. Where a building containing townhouse units adjoins a private drive, parking area, or walkway intended for the common use of the townhouse occupants, a minimum side yard of 15 feet in width shall be provided. Half the width of such private drive, parking area, or walkway may be counted as a portion of the required 15 feet, provided that in no case shall a side yard of less than ten feet be provided for each end dwelling unit in any building containing townhouses.

(10)

Rear yards. Each townhouse unit shall have a minimum rear yard of 25 feet, except when the rear yard abuts a different zoning district or use, a minimum rear yard of 40 feet shall be provided.

(11)

Usable open space. For any development of five or more townhouses, a minimum of 20 percent of the gross land area shall be reserved as usable open space.

(d)

Subdivision. Nothing in this appendix shall prevent the creation of a subdivided unit lot for individual townhouse dwelling units within a townhouse zoning lot, provided that, where individual attached units are to be constructed on individual lots, a subdivision plat shall be required. Such subdivision plat shall meet the standards of the town's subdivision regulations (appendix A of the Town Code).