Colonial Heights City Zoning Code
ARTICLE IV
Use and Design Standards
§ 286-400 Use and design standards.
A.
The standards contained in the district regulations in Article III shall apply to all of the following use types, unless specifically modified and/or superseded by the use and design standards below.
B.
The standards listed as general standards shall apply in all districts in which the use type is permitted by right or permitted subject to approval of a special exception permit, as indicated in Article III, District Regulations.
C.
Where a specific zoning district is indicated, the standards listed below shall apply to that zoning district, in addition to any general standards listed for that use.
§ 286-402.04 Stable, private.
A.
Private stables shall comply with the following requirements:
(1)
Minimum lot size: two acres.
(2)
On lots of less than five acres, no more than one stable animal per acre shall be permitted.
(3)
Corrals shall comply with all the setback requirements for accessory buildings.
(4)
Stables shall properly manage animal waste so as to not create a nuisance or health hazard to adjoining or nearby property owners.
§ 286-404.04 Accessory apartments.
A.
Intent. Accessory apartments afford an opportunity for the development of small dwelling units designed to meet the housing needs of single persons, persons with fixed or limited income, and/or extended families who live or desire to live with a degree of privacy and independence. Accessory apartments provide a degree of flexibility for home owners with changing economic conditions and/or family structure, while providing a reasonable degree of protection for existing property values and neighborhood character.
C.
Additional standards in the RL, RM and RH Districts.
(1)
An accessory apartment shall only be considered as an accessory use to a detached single-family dwelling and no accessory apartment shall be located in any structure other than the principal structure on the lot, unless a special exception permit is approved for the accessory apartment.
(2)
Only one accessory apartment shall be allowed on any one lot or parcel, and the owner of the property shall reside on the premises, and only members of the owner's family shall reside in the accessory apartment.
(3)
No new exterior entrances to an accessory apartment within a detached single-family dwelling shall be allowed. Access to the accessory apartment must be through an existing exterior entrance.
(4)
Upon completion of the construction, the accessory apartment shall not contain more than 50% of the finished floor area of the principal dwelling unit located on the same lot, but in no case shall the accessory apartment exceed 1,000 square feet.
D.
Additional standards in the RO District.
§ 286-404.08 Duplex.
§ 286-404.12 Home occupations.
A.
Intent. These provisions recognize that certain small-scaled commercial activities may be appropriate accessory uses within residential dwellings. The character and scale of such commercial activities must be subordinate and incidental to the principal use of the premises for dwelling purposes, and must be consistent with the predominant residential character of the property and/or surrounding neighborhood. In addition, these provisions are intended to limit the size of such home occupations so as to not create an unfair competitive advantage over businesses located in commercially zoned areas.
B.
General standards:
(1)
More than one home occupation shall be permitted provided the total floor area used for all home occupations does not exceed 20% of the principal dwellings gross floor area.
(2)
No dwelling or structure shall be altered, occupied or used in a manner which would cause the premises to differ from a character consistent with a residential use. The use of colors, materials, construction, lighting, or other means inconsistent with a residential use shall be prohibited.
(3)
There shall be no outside storage of goods, products, equipment, or other 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.
(4)
The type and volume of traffic generated by a home occupation shall be consistent with the traffic generation characteristics of other dwellings in the area. In addition, the lot or property on which the home occupation is conducted shall not have any parking spaces added to it during the time the home occupation is being conducted, nor shall any parking space be used that was not customarily or regularly used prior to that time.
(5)
Notwithstanding delivery services such as UPS and FEDEX, the home occupation shall not involve the commercial delivery of materials or products to or from the premises.
(6)
The 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.
(7)
No equipment or process shall be used in a home occupation which can be heard at the property line, or vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the premises or through common walls. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or through common walls.
(8)
No activity in conjunction with a home occupation shall be conducted before 7:00 a.m. or after 10:00 p.m. that adversely impacts or disturbs adjoining property owners.
(9)
Home occupations shall be confined to the primary dwelling. To conduct a home occupation in an on-site accessory building, a special exception permit shall be obtained pursuant to § 286-622.
(10)
No one other than permanent residents of the dwelling shall be engaged or employed in such home occupation, at the residential location.
(11)
The sale of goods or products produced on the premises, or providing services which involve the consumer coming to the premises shall be limited to no more than 10 customers or clients in any one-week period. Child care for five or less children shall be permitted.
(12)
Lessons in the applied arts shall be permitted, provided that no more than five students per day shall be provided such lessons.
(13)
One attached sign, not exceeding one square foot, may be placed on the property advertising the one or more home occupations located on site.
(14)
No advertising through local media, including telephone books, and flyers shall list the residential address of the home occupation.
§ 286-404.16 Manufactured home, emergency.
A.
Intent. These regulations are adopted in recognition that temporary emergency housing options may be necessitated by fire, flood, or other unforeseen and sudden acts of nature.
B.
General standards:
(1)
The Administrator may authorize the emergency use of a manufactured home on a lot if the building official certifies that the permanent dwelling on the lot has been lost or destroyed by a fire, flood, or other unforeseen and sudden act of nature, and as a result is uninhabitable.
(2)
Only one emergency manufactured home shall be permitted on any lot of record. It shall be located on the same lot as the destroyed dwelling, and must be occupied only by the person, persons, or family, whose dwelling was destroyed.
(3)
The emergency manufactured home shall be less than 19 feet in width.
(4)
To the extent feasible, the emergency manufactured home shall meet all setback and yard requirements for the district in which it is located. It shall be anchored and stabilized in accordance with the provisions of the Virginia Uniform Statewide Building Code.
(5)
The emergency manufactured home must be removed as soon as reconstruction or replacement of the uninhabitable dwelling is complete, or within a twelve-month period of its placement on the site, whichever is sooner. A one-time extension of up to six additional months may be granted by the Administrator if substantial reconstruction of the destroyed dwelling has occurred, and work has, and is continuing to progress. A final certificate of zoning compliance for the reconstructed dwelling shall not be issued until the emergency manufactured home is removed from the site.
C.
Federal disasters.
(1)
Where the President of the United States has declared a federal disaster, the Administrator, upon consent of the City Manager, may authorize the placement of temporary manufactured homes supplied by the Federal Emergency Management Agency (FEMA) to disaster victims who lost their homes. In such cases, all zoning and building code requirements shall be waived in favor of FEMA standards. The period for temporary placement of manufactured homes shall be 12 months, unless FEMA authorizes an extension for an additional 12 months.
§ 286-404.20 Multi-family dwelling.
A.
Intent. The following minimum standards are intended to accommodate multi-family dwellings, ensuring adequate separation and other design characteristics to create a safe and healthy residential environment while protecting adjoining uses which are less intensive.
B.
General standards:
(1)
Minimum front yard setback: 30 feet from any street right-of-way for all structures.
(2)
Minimum side yard setback: 20 feet for principal structures.
(3)
Minimum rear yard setback: 25 feet for principal structures.
(4)
Additional setbacks in the form of a buffer yard shall be required in accordance with § 286-512, where the property adjoins a less intensive zoning district.
(5)
Each multi-family building shall be separated by 40 feet between facing living areas. This separation may be reduced to 20 feet when both multi-family buildings contain facing windowless walls.
(6)
Where buildings are placed at right angles (90°) to one another and both interior walls are windowless, the minimum separation of buildings shall be 20 feet.
(7)
Minimum standards for open space and recreational areas required below:
(b)
Shall be in addition to and not be located in any required front, side or rear yard setback;
(c)
Shall have a minimum width of 50 feet or more, except that areas with a minimum width of at least 20 feet or more shall be counted as open space provided such areas contain facilities such as, but not limited to, bikeways, exercise trails, tot lots, gazebos, picnic tables, etc.;
(d)
Shall not include proposed street rights-of-way, open parking areas, driveways, or sites reserved for other specific uses; and,
(e)
Shall be of an appropriate nature and location to serve the residents of the multi-family development.
(8)
Provisions must be made for vehicular access and turnaround for regularly scheduled service vehicles such as trash collection.
(9)
All multi-family dwellings shall be served by public sewer and water.
C.
Additional standards in the RH District:
(1)
Minimum lot size: 20,000 square feet for the first dwelling unit, plus 2,500 square feet for each additional unit.
(2)
When adjoining a lot containing a single-family dwelling, a Type C buffer yard as described in § 286-512 shall be provided.
(3)
Minimum common open space and recreational areas required: 10% of the total lot area for parcels up to five acres, and 20% for parcels over five acres.
(4)
The principal means of access to a multi-family dwelling development containing more than four dwelling units per acre shall be from a thoroughfare designated as a collector, minor arterial or major arterial by the most current Virginia Department of Transportation (VDOT) Functional Classification System. Such access shall not be from a local street.
(5)
Secondary access to a local residential street may be permitted by the Administrator only in cases where there are overriding factors of health or safety for residents or where the arrangement and condition of local streets are such that the projected increase in traffic will not substantially affect the use and enjoyment of the street by residents.
D.
Additional standards in the BB and GB Districts.
§ 286-404.24 Single-family, attached.
A.
Intent. The following provisions are intended to offer greater flexibility in providing a variety of housing options to meet the changing demands and needs of the public. The standards below are intended to accommodate new developments of attached single-family dwellings, as well as to allow attached single-family dwellings as in-fill development on scattered sites in existing residential areas.
B.
General standards within a common development containing three or more acres:
(1)
The minimum lot size, frontage and front and rear yard setbacks required in the district regulations may be reduced up to 20% however the normal front, rear, and side yard setback requirement must be maintained adjacent to any lot or public street or right-of-way not within the common development; or not otherwise designated for zero lot line use. The twenty-percent road frontage reduction does not apply to parcels with frontage in a cul-de-sac bulb.
(2)
Minimum side yard opposite the common lot line between two attached dwellings: 10 feet.
(3)
Maximum building coverage: 40% of the lot.
(4)
A copy of the approved subdivision plat shall be submitted to the Administrator. The Administrator shall make the appropriate notation on the official zoning map that the affected lots have been approved for attached dwellings.
C.
General standards on existing lots or in new developments containing less than three acres:
(1)
Minimum side yard opposite the common lot line between two attached dwellings: 10 feet.
D.
Public street frontage shall not be required for any proposed lot of record platted for single-family attached development within RH Districts.
§ 286-404.28 Single-family, detached.
§ 286-404.32 Temporary family health care structures.
A.
In the RL District the following standards shall apply:
(1)
A zoning permit shall be required prior to locating any temporary family health care structure on the lot.
(2)
The temporary family health care structure shall be primarily assembled at a location other than its site of installation.
(3)
The construction of the temporary family health care structure shall comply with applicable provisions of the Industrialized Building Safety Law and the Uniform Statewide Building Code.
(4)
The temporary family health care structure shall comply with all setback requirements that apply to the primary structure.
(5)
The temporary family health care structure shall be no more than 300 gross square feet in size.
(6)
The temporary family health care structure shall not have a permanent foundation.
(7)
Only one temporary family health care structure shall be allowed on a lot or parcel of land.
(8)
The temporary family health care structure shall only be located on property owned or occupied by the caregiver as his residence as a permitted accessory use to a single-family detached dwelling.
(9)
The temporary family health care structure shall be required to connect to public water, sewer, and electric utilities and shall comply with all applicable requirements of the Virginia Department of Health.
(10)
No signage advertising or otherwise promoting the existence of the temporary family health care structure shall be permitted either on the exterior of the temporary family health care structure or elsewhere on the property.
(11)
Occupancy of the temporary family health care structure shall be limited to one occupant who shall be a mentally or physically impaired person.
(12)
The temporary family health care structure shall be removed from the property within 30 days if is no longer occupied by a mentally or physically impaired person.
§ 286-404.36 Townhouses.
A.
Intent. It is the intent of this section that townhouses be allowed in areas where they are or may be appropriately intermingled with other compatible types of housing. The purpose of the following design 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 conventional arrangements of yards and buildable areas.
B.
General standards.
(1)
All townhouse developments shall be served by public sewer and water.
(2)
The facades of townhouses in a group shall be varied by changed front yards and variations in design so that no more than four abutting townhouses will have the same front yard setback and the same or essentially the same architectural treatment of facades and rooflines.
(3)
The minimum separation between any building containing a group of five or more townhouse units shall be 40 feet from any other townhouse building. The minimum separation between any building containing a group of four or less townhouse units shall be 20 feet from any other building containing a group of four or less townhouses.
(4)
The height of all townhouses shall be limited to 45 feet. Accessory buildings shall not exceed 15 feet.
(5)
Accessory structures for townhouse units shall be permitted only in rear yard areas and shall occupy no more than 20% of the rear yard area.
(6)
Only one yard, either the front yard or the rear yard, or in the case of an end unit, the side yard, shall be improved with a driveway or other impermeable surface intended for the storage of motor vehicles or for access to a garage, or other parking areas.
(7)
The maximum building and lot coverage requirements applying to townhouses shall be computed for the site of the entire development.
(8)
Public street frontage shall not be required for any proposed lot of record platted for townhouse development within RH Districts.
(9)
Provisions shall be made for vehicular access and turnaround for regularly scheduled service vehicles such as trash collection.
C.
Additional standards in the RM District:
(1)
Maximum gross density: eight townhouse units per acre.
(2)
Minimum parcel size: 20,000 square feet for the first dwelling unit, plus 5,545 square feet for each additional unit.
(3)
Front yard setbacks for each group of townhouse units: an average of 20 feet, and not be less than 18 feet for any individual townhouse unit. No common parking area, common driveway or street right-of-way shall be permitted within the required front yard area.
(4)
A side yard setback of 15 feet shall be provided for each end residence in any group of townhouses adjoining a property boundary of the development, or a street right-of-way, private drive, parking area or walkway intended for the common use of townhouse occupants.
(5)
Minimum rear yard setback: 25 feet.
(6)
Minimum lot size for individual townhouse lots: 2,000 square feet for interior lots and 2,500 square feet for end lots.
(7)
Minimum width for individual townhouse lots: 20 feet, measured from center of wall to center of wall, or outside of end wall.
(8)
Maximum number in a group or block of townhouses: four townhouse units.
(9)
The maximum building and lot coverage shall comply with the requirements for the RM District.
D.
Additional standards in the RH District:
(1)
Maximum gross density: 12 townhouse units per acre.
(2)
Minimum parcel size: 7,200 square feet for the first dwelling unit, plus 3,600 square feet for each additional unit.
(3)
Front yard setbacks for each group of townhouse units: an average of 20 feet, and not be less than 18 feet for any individual townhouse unit. No common parking area, common driveway or street right-of-way shall be permitted within the required front yard area.
(4)
A side yard setback of 15 feet shall be provided for each end residence in any group of townhouses adjoining a property boundary of the development. Where a group of townhouses adjoins a private drive or parking area or walkway intended for the common use of townhouse occupants, the side yard setback shall be 10 feet.
(5)
Minimum rear yard setback: 25 feet.
(6)
Minimum lot size for individual townhouse lots: 2,000 square feet for interior lots and 2,500 square feet for end lots.
(7)
Minimum width for individual townhouse lots: 18 feet, measured from center of wall to center of wall or outside end wall.
(8)
Maximum number in a group or block of townhouses: eight townhouse units.
§ 286-406.04 Cemetery.
B.
Any cemetery associated with a place of religious assembly shall be exempt from the general standards above, and the necessity of obtaining a special exception permit provided the following:
(1)
The owners of any residence located within 250 feet, excluding residences separated by a public street, consent in writing to the proposed cemetery; and
(2)
The cemetery is located at least 300 feet from any private well or any public property containing a well used in connection with a public water supply.
(3)
The location is legally recorded and, in the opinion of the Administrator, sufficiently documented to adequately inform prospective and future property owners of the presence and location of such cemetery.
§ 286-406.08 Clubs.
§ 286-406.12 Community recreation.
A.
General standards:
(1)
Any outdoor activity area, swimming pool, or ball field or court which adjoins a residential use type shall be landscaped with one row of small evergreen trees in accordance with § 286-512 along the property line adjoining the residential use type. Where nighttime lighting of such areas is proposed, large evergreen trees shall be required.
§ 286-406.16 Educational facility college/university.
A.
General standards:
(1)
Any outdoor activity area, swimming pool, ball field or court which adjoins a residential use type shall be landscaped with one row of small evergreen trees in accordance with § 286-512 along the property line adjoining the residential use type. Where nighttime lighting of such areas is proposed, large evergreen trees shall be required.
(2)
Any area constructed in conjunction with an educational facility intended for the overnight storage of buses, trucks, or large equipment or vehicles which adjoins a residential use type shall be landscaped with a minimum six-foot high screen and one row of small evergreen trees in accordance with § 286-512 along the property line adjoining the residential use type. Where nighttime lighting of such areas is proposed a minimum six-foot high screen and large evergreen trees shall be provided along the property line adjoining the residential use type.
§ 286-406.20 Educational facility primary/secondary.
A.
General standards:
(1)
Any outdoor activity area, ball field or court, or stadium which adjoins a residential use type listed in § 286-404 shall be landscaped with a minimum of one row of small evergreen trees in accordance with § 286-512 along the property line adjoining the residential use type. Where nighttime lighting of such areas is proposed, large evergreen trees shall be required.
(2)
Any area constructed in conjunction with an educational facility intended for the overnight storage of buses, trucks, or large equipment which adjoins a residential use type listed in § 286-404 shall be landscaped with a minimum of one row of small evergreen trees in accordance with § 286-512 along the property line adjoining the residential use type. Where nighttime lighting of such areas adjoins residential use types listed in § 286-404 the areas shall be landscaped with a Type C buffer yard as specified in § 286-512 of this chapter with large evergreen trees.
§ 286-406.24 Family day care home.
A.
General standards:
(1)
Family day care homes, where applicable, shall comply with the Minimum Standards for Family Day Care Homes established by the Virginia Department of Social Services, as may be amended.
(2)
When a license is required, a copy of the license to operate a family day care home, approved by the Virginia Department of Social Services, shall be presented to the Administrator prior to the issuance of a business license or certificate of zoning compliance to operate a family day care home.
§ 286-406.28 Public parks and recreational areas.
A.
General standards:
(1)
Any outdoor activity area, ball field or court, or stadium which adjoins a residential use type shall be landscaped with a minimum of one row of small evergreen trees in accordance with § 286-512 along the property line adjoining the residential use type. Where nighttime lighting of such areas is proposed large evergreen trees shall be required.
§ 286-406.32 Religious assembly.
A.
General standards:
(1)
Any outdoor activity area, swimming pool, ball field or court which adjoins a residential use type shall be landscaped with a minimum of one row of small evergreen trees in accordance with § 286-512 along the property line adjoining the residential use type. Where nighttime lighting of such areas is proposed large evergreen trees shall be required.
§ 286-406.36 Safety service.
§ 286-406.40 Utility services, major.
A.
General standards:
(1)
In considering an application for a special exception permit, the Planning Commission and City Council shall consider the justification for the location of the proposed utility service and any alternative locations which may be available.
(2)
The minimum district lot size may be reduced as part of approval of the special exception permit provided all setback and yard requirements are met and all other dimensional requirements are achieved.
(3)
The height limitation contained in each district may be increased as part of the approval of the special exception permit.
(4)
No major utility service shall be located within 100 feet of an existing residence.
(5)
Except in the IN Districts, outdoor storage of materials and equipment, except during construction of the utility facility, shall be prohibited in association with a major utility service, unless specifically requested and approved as part of the special exception permit. In the IN Districts outdoor storage areas shall comply with the screening provisions contained in § 286-512.
(6)
Buildings and facilities shall be designed and constructed to be compatible with the surrounding area, so that these facilities or structures will not adversely affect nearby properties.
§ 286-408 Office use types.
(Reserved)
§ 286-410.04 Adult use.
A.
General standards:
(1)
Sexually explicit material shall not be displayed in the windows of adult businesses. Further, adult merchandise as defined in § 286-200, shall not be visible from any point outside the establishment.
(2)
Signs or attention-getting devices for the business shall not contain any words or graphics depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in § 286-200.
(3)
All off-street parking areas of the adult use shall be illuminated from dusk to closing. Adequate lighting shall also be provided for all entrances and exits serving the adult use, and all areas of the establishment where the adult use is conducted, except for the private rooms of an adult motel or the movie viewing areas in an adult movie theater. "Adequate lighting" means sufficient lighting for clear visual and security camera surveillance.
(4)
No adult use shall be located within 1,000 feet of any family day care home; educational facility, primary/secondary; educational facility, college/university; residential use type; nursing home; assisted care residence; public park and recreation area; cultural service; religious assembly; hotel/motel/motor ledge; or any other adult use.
§ 286-410.08 Automobile dealership, new.
A.
General standards:
(1)
Outdoor vehicle display areas in conjunction with automobile sales shall be constructed of the same materials required for off-street parking areas.
(2)
The storage and/or display of motor vehicles in the parking area planting strip required by § 286-512 shall be prohibited.
(3)
Exterior display or storage of new or used automobile parts is prohibited.
(4)
Body and fender repair services are permitted as an accessory use provided:
(a)
The area devoted to such services does not exceed 20% of the gross floor area.
(b)
The repair facilities are at least 150 feet from any adjoining residential district.
(c)
Any spray painting takes place within a structure designed for that purpose and approved by the Colonial Heights Fire and EMS Department.
(d)
Any vehicle awaiting body repair or painting, or missing major mechanical or body parts, or substantially damaged shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least 100 feet from any adjoining residential district.
§ 286-410.12 Automobile dealership, used.
A.
General standards:
(1)
Outdoor display areas in conjunction with automobile sales shall be constructed of the same materials required as required for off-street parking areas.
(2)
The storage and/or display of motor vehicles in the parking area planting strip required by § 286-512 shall be prohibited.
(3)
Exterior display or storage of new or used automobile parts is prohibited.
(4)
Any vehicle which is missing major mechanical or body parts or has been substantially damaged shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least 100 feet from any adjoining residential district.
§ 286-410.16 Automobile repair services, major.
§ 286-410.20 Automobile repair services, minor.
§ 286-410.24 Bed-and-breakfast.
A.
General standards:
(1)
The owner or owner's family shall reside on the same parcel occupied by the bed-and-breakfast establishment.
(2)
No more than five guest sleeping rooms shall be utilized for a bed-and-breakfast establishment. The maximum number of guest occupants shall not exceed 16 guests. These limits may be exceeded provided a special exception permit is approved by City Council.
(3)
Any building erected, enlarged or modified to accommodate a bed-and-breakfast shall maintain the appearance of a single-family residence.
(4)
Guests may stay no more than 30 consecutive nights in any one calendar year.
(5)
Meals shall be provided only to overnight guests and no cooking shall be permitted in guest rooms.
(6)
Required parking areas for guests and employees shall be provided on-site.
§ 286-410.28 Car wash.
§ 286-410.32 Construction sales and service.
§ 286-410.36 Day care center.
A.
General standards:
(1)
All day care centers shall comply with the Minimum Standards for Day Care Centers established by the Virginia Department of Social Services, as may be amended, unless specifically exempt from those minimum standards.
(2)
A business license or certificate of zoning compliance to operate a day care center shall be approved provided that a license to operate a day care center from the Virginia Department of Social Services is approved prior to beginning operation of the center. Failure to maintain a valid license approved by the Virginia Department of Social Services shall be considered a violation of this chapter.
§ 286-410.40 Equipment sales and rentals.
§ 286-410.44 Garden center.
§ 286-410.48 Itinerant merchant.
A.
General standards:
(1)
The property owner shall grant written permission for the itinerant merchant to conduct business on his property;
(2)
Only one itinerant merchant per property is allowed at any one time;
(3)
The Commissioner of the Revenue shall issue each itinerant merchant only one business license per calendar year pursuant to § 187-3 of the City Code, and 30 consecutive days shall be the maximum time for each transient use per calendar year;
(4)
Any time period for which a merchant receives a business license shall be counted in consecutive days;
(5)
Temporary offices, trailers, tents, or trucks are permitted, provided they do not disrupt traffic flow on the property or interfere with visibility for vehicle access to the site or vehicle movements on the site;
(6)
All business activities shall take place on private property;
(7)
Signage and lighting shall comply with the provisions of this chapter;
(8)
A concept plan showing the location of all activities shall be submitted to and approved by the Administrator before a business license is issued; and
(9)
All fixtures, equipment or any other structural elements of the business shall be immediately removed from the site once the license expires.
§ 286-410.52 Kennel, commercial.
A.
General standards:
(1)
Each commercial kennel shall install and operate a kennel silencer.
(2)
Animal waste shall be disposed of in a manner acceptable to the Health Department.
(3)
Crematoria or land burial of animals in association with a commercial kennel shall be prohibited.
(4)
All outdoor runs, training areas and pens associated with a commercial kennel shall be set back a minimum of 100 feet from any property line.
§ 286-410.56 Manufactured home sales.
§ 286-410.60 Mini-warehouse.
A.
General standards:
(1)
The minimum front yard setback shall be 35 feet.
(2)
No security fencing, security gate or other obstruction to vehicle access shall be permitted in the required front yard setback or in any buffer yard required pursuant to § 286-512.
(3)
All interior driveways shall be at least 26 feet wide when cubicles open onto one side only and at least 30 feet wide when cubicles open onto both sides to accommodate loading and unloading at individual cubicles. Adequate turning radiuses shall be provided, where appropriate, for a thirty-foot long single unit truck or moving van. All driveways and any other vehicle use or storage area shall be constructed of a hard surface such as asphalt bituminous concrete.
(4)
No door openings for any cubicle shall be constructed facing any residentially zoned property or any public right-of-way.
(5)
The following uses shall be prohibited:
(a)
The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or other similar equipment.
(b)
The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment.
(c)
The storage of flammable, highly combustible, explosive or hazardous materials shall be prohibited.
(6)
Outdoor storage areas shall be used for the storage of motor vehicles, trailers, and recreational vehicles only. All outdoor storage areas shall be thoroughly screened from adjoining properties.
(7)
Accommodations for a live-in manager shall be permitted.
§ 286-410.62 Mobile food units.
[Added 1-8-2019 by Ord. No. 18-26]
A.
General standards:
(1)
All waste discharge shall be disposed of in a sewage system that the Environmental Health Division of the Virginia Department of Health has approved.
(2)
The mobile food unit operator shall provide trash receptacles and shall ensure that trash is properly removed from the site.
(4)
All mobile food units shall be parked a minimum of 100 feet from any residence.
(5)
As part of the application for the permit discussed in Subsection A(6) below, a real property owner or tenant desiring to allow at least one mobile food unit on a parcel shall pay a fee of $100 regardless of the number of mobile food units which will operate.
[Amended 5-18-2021 by Ord. No. 21-11[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection A(5), which permitted operation of a mobile food unit on the same parcel for up to three consecutive days for a maximum of four times per year. In addition, Ord. No. 21-11 redesignated Subsection A(6) and (7) as Subsection A(5) and (6), respectively.
(6)
Whenever a real property owner or tenant desires to allow at least one mobile food unit on a parcel, the property owner or tenant shall apply for and obtain a permit from the Department of Planning and Community Development. Application for a permit shall be made on a form the Department prepares, and the applicant shall provide all information the form requests. The Director of the Department, or his designee, has total discretion to determine the number of mobile food units to be allowed on a parcel and whether to approve the permit; and there shall be no appeal from such a decision.
[Amended 5-18-2021 by Ord. No. 21-11]
(7)
The Director of the Department of Planning and Community Development, or his designee, shall specify, on an approved permit, the permit's duration, which shall not exceed three months. Once a permit expires, the real property owner or tenant may apply for a new permit; and the Director of the Department shall have total discretion to determine the number of mobile food units to be allowed on a parcel and whether to approve the permit.
[Added 5-18-2021 by Ord. No. 21-11]
(8)
If a mobile food unit operator fails to obey a requirement in a permit, the Director or his designee is authorized to revoke the permit or deny any future application for a permit made by a real property owner or tenant that includes the same mobile food unit operator.
[Amended 5-18-2021 by Ord. No. 21-11]
(9)
No mobile food unit shall operate between the hours of 10:00 p.m. and 6:00 a.m. of any day.
[Added 5-18-2021 by Ord. No. 21-11]
(10)
Each mobile food unit shall be allowed to have signs that are attached to the unit and one detached temporary freestanding sign. The freestanding sign shall not exceed 10 square feet in area and may be on the site only when the mobile food unit is open for business.
[Added 5-18-2021 by Ord. No. 21-11]
(11)
Each mobile food unit shall be on site only when the unit is open for business.
[Added 5-18-2021 by Ord. No. 21-11]
B.
Where allowed:
(1)
Subject to compliance with the provisions of this section, mobile food units shall be allowed for all use types specified in Article II of this chapter, except for residential use types.
[Amended 5-18-2021 by Ord. No. 21-11]
(2)
Exception for homeowners. The owner of a home in a residential zoning district is authorized to have one or more mobile food units at his home for noncommercial uses. Such a homeowner shall be exempt from this section's requirements, except that he shall not violate any federal, state, or local law.
(3)
City-owned property. The Director of the Department of Recreation and Parks is authorized to allow mobile food units on City-owned real property for specific events, and the Director shall impose those requirements on mobile food units that he deems reasonable and necessary.
§ 286-410.64 Personal services.
§ 286-410.66 Private farmers' market.
[Added 12-13-2016 by Ord. No. 16-24]
A.
General standards.
(1)
One private farmers' market is allowed on a lot or parcel.
(2)
A private farmers' market must be at least 1/2 mile from any other private farmers' market, regardless of days of operation.
(3)
A private farmers' market must have a minimum of five vendors present as averaged over the season the market is in operation.
(4)
Market size is limited to no more than 30 vendors on-site at any one time.
(5)
All vendors at the market must display the name(s) of the producer(s) and the location(s) where goods were grown, raised or produced.
(7)
The market may be advertised by a temporary banner sign of no greater than 32 square feet in area that may be displayed on market days and the day before market days. The location of the banner and how the banner will be displayed shall be shown in the market plan. The banner shall be on the parcel where the market is conducted and cannot be in the City right-of-way. The banner for the private farmers' market shall not be considered as temporary signage allowed by the commercial uses on the same parcel.
(8)
Market facilities shall be temporary in nature and use the existing parking and infrastructure of the site.
(9)
All market materials shall be removed at the conclusion of the market day.
(10)
A market plan shall be submitted to the Administrator for review and approval prior to the market's opening. The plan shall be updated in March of each calendar year and at any time during the year when a change in the vendor list occurs. The market plan shall include the following:
(a)
Written permission from the property owner(s), executed on a form the Administrator prepares, which shall include provisions holding the City harmless and indemnifying the City from any damages or losses.
(b)
The name and contact information for the private farmers' market contact person.
(c)
The proposed layout of the private farmers' market, including, booth locations, mobile food unit locations, signage, vendor parking, access for vendors and patrons, trash collection locations, and adequate safety measures to separate market patrons from vehicular traffic. Any parking intended to specifically serve the private farmers' market on market days must be shown on the market plan.
[Amended 11-14-2017 by Ord. No. 17-25]
(d)
A list of all vendors which includes vendor name, products sold, and contact information.
(e)
An assessment of the existing and required parking for the on-site commercial uses and the number of parking spaces unavailable during market operations. Private farmers' markets may occupy required parking but shall not have such an impact as to create traffic safety or circulation problems or negatively impact the parking for existing commercial uses on the property.
(f)
A schedule of operation to include number of weeks, day, and hours. These may be modified as needed with a two-week written notice to the Administrator.
§ 286-410.68 Recreational vehicle sales and service.
A.
General standards:
(1)
The storage and/or display of recreational vehicles in the parking area planting strip required by § 286-512 shall be prohibited.
(2)
Any recreational vehicle which is missing major mechanical or body parts or has been substantially damaged shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least 100 feet from any adjoining residential district.
§ 286-410.70 Short-term rentals.
[Added 12-12-2023 by Ord. No. 23-21]
A.
Intent. These regulations are adopted to preserve the residential character of the City's neighborhoods; to prevent any potential negative impact by short-term rentals; and to preserve the quality and quantity of other residences for year-round residential use. No more than 5% of the total number of units within a neighborhood are allowed to operate as a short-term rental dwelling during a calendar year. For the purposes of these regulations, "neighborhood" shall mean each of the neighborhoods identified in the City's most recently approved Community Development Block Grant (CDBG) Consolidated Plan; and the Department of Planning and Community Development (the "Department") shall maintain a map of such neighborhoods.
B.
Permits. Any operator desiring to offer a dwelling as a short-term rental shall obtain an annual permit by submitting the prerequisite form (the "Application") to the Department. The application fee for the annual permit shall be $500. The applicant shall state on the application whether the short-term rental shall be hosted or non-hosted and shall provide the responsible party's contact information, including name, address, telephone number, and email address. The Department shall review the completed application within 30 days of the Department's receipt of a complete application. Application approval shall be based on the dwelling meeting certain criteria described in this section to operate as a short-term rental. If denied, the Department shall provide the applicant, in writing, with the reason or reasons for the denial. Any operator who offers his property as a short-term rental without an approved permit shall be assessed a $500 civil penalty per violation until the operator has an approved annual permit or ceases operation of the use. The $500 per violation penalty shall be assessed for every seven days the short-term rental operates without a valid permit and the penalty shall be paid at the time of application for a short-term rental dwelling annual permit before the application is processed.
C.
Inspection of the property. After the Department receives a completed application, and as part of the application review process, the dwelling shall be inspected by the Administrator, the Building Official, and the Fire Marshal, or their designees, for compliance with the applicable regulations of the Uniform Statewide Building Code, Fire Prevention Code, and this Chapter. The following criteria must be met for a dwelling to be approved as a short-term rental:
i.
Smoke and carbon monoxide detectors must be installed and functioning in areas specified in applicable law.
ii.
All windows or doors must operate as designed.
iii.
No basement space shall be used as a sleeping area unless there are properly-functioning windows or doors that conform to applicable law.
iv.
A functional fire extinguisher shall be installed and visible in any kitchen area.
v.
There shall be no building code or property maintenance violations.
vi.
There must be at least one off-street parking space for tenants to use per short-term rental dwelling.
D.
Permit renewals. Each permit issued shall be valid for one calendar year upon approval, from January 1 to December 31, and must be renewed annually along with the payment of the $500 permit fee. An application may be only for the current or upcoming calendar year and may not be submitted more than six months in advance of the upcoming calendar year. Approval of a short-term rental dwelling is owner-specific; and any change of ownership shall require a new application, permit fee, and inspection. It is the owner's responsibility to submit the application to the City at least 30 days in advance of the expiration date to receive approval to renew the permit to continue operating the short-term rental. Operation of a short-term rental without a valid permit is considered a violation of this ordinance.
E.
Prohibition of rental activity. Any operator shall be prohibited from offering a property for short-term rental upon violations on more than three occasions of applicable State or local law. Also, the Administrator shall revoke the permit of any operator who has committed multiple violations on more than three occasions of such law. Once revoked, the operator is not eligible for a new permit for a period of one year from the date of permit revocation.
F.
Conditions for operating a short-term rental dwelling. The following conditions apply for all short-term rental dwellings operating in the City:
(2)
Hosted or non-hosted. All short-term rentals must meet the definition of either hosted or non-hosted defined in § 286-202.10.
(3)
Maximum and minimum days to rent. A short-term rental dwelling shall not be rented for more than 180 days per calendar year, and the minimum rental period shall be one full-day per rental contract. The operator must keep complete records of the number of days the short-term rental dwelling is rented as such for the preceding year and submit such records to the Administrator upon request and upon application to renew an existing short-term rental permit. Exceeding the allowed number of days the short-term rental is rented as such and inaccurate and/or falsified reporting of the number of days a short-term rental is rented is cause for denial of any request for permit renewal for the upcoming calendar year.
(4)
Responding to emergencies. Either the homeowner or his designated agent must be available to respond to emergencies or complaints promptly.
(5)
No renting to minors. At least one member of every rental party must be an adult. No operators shall enter into a contract for a short-term rental dwelling with any person younger than 18 years of age.
(6)
Prohibition against multiple tenancy. An operator is prohibited from having in effect at the same time more than one short-term rental contract per parcel for the same rental period, regardless of the number of structures on the parcel.
(7)
Maximum number of guests. Occupancy of any short-term rental dwelling shall not exceed a number equal to twice the number of bedrooms in the dwelling up to a maximum of six guests.
(8)
Unauthorized uses. No short-term rental shall offer, provide, or allow any commercial use or event, including but not limited to, parties, banquets, weddings, receptions, meetings, or film productions. The short-term rental dwelling shall not be used for a family day home, group home, or assisted living home.
(9)
No on-site signs. No signs shall be posted on the site advertising the property as a short-term rental.
(10)
Posting of information inside the short-term rental dwelling. The property owner must conspicuously post the following information inside any short-term rental dwelling prior to operating as a short-term rental:
(a)
The property address;
(b)
The name, physical address, telephone number(s), and email address of the property owner or his/her agent responsible for responding to emergencies and complaints;
(c)
Instructions for emergency shut-off of gas, electricity, and water, including the locations of gas and water valves and circuit breakers;
(d)
The identification and location of emergency exits;
(e)
Recycling and solid waste collection schedules;
(g)
Instructions to dial 9-1-1 in case of an emergency.
§ 286-410.72 Studio, tattoo.
A.
General standards.
(2)
Anyone engaging in tattooing, and the operator of a tattoo studio, shall be a member in good standing of the Alliance of Professional Tattooists, Inc. (APT).
(3)
No tattoo studio shall be located within 500 feet of any other tattoo studio, private or public school, family day care home, public park and recreational area, religious assembly, governmental service, or any property zoned or used for residential purposes.
(4)
Any special exception permit granted for a tattoo studio shall be valid only for the applicant to whom it is granted, and such permit shall not run with the land or be transferable.
§ 286-412.04 Construction yard.
§ 286-412.08 Custom manufacturing.
§ 286-412.12 Recycling centers and stations.
A.
General standards:
(1)
Where receptacles for recyclable materials are located outside of a building, they shall be located so as to not disrupt or interfere with on site traffic circulation, required fire lanes or required parking or stacking areas.
(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.
(3)
A regular schedule for picking up recycled materials shall be established and maintained.
(4)
The site shall be maintained free of litter.
§ 286-414.04 Amateur radio tower.
A.
General standards:
(1)
An amateur radio tower shall be considered an accessory structure and shall comply with the minimum setback requirements for the respective zoning district.
(2)
The minimum setback requirement from the base of the tower to any residential structure on an adjoining lot shall be at least equal to 40% of the height of the tower, measured from the closest structural member of the tower (excluding guy wires). Guy lines shall be exempt from the minimum setback requirements in side and rear yards for the respective zoning district, but shall comply with the setback requirements for the front yard.
(3)
More than one tower shall be permitted provided all setback requirements have been met.
(4)
Towers shall be illuminated as required by the Federal Aviation Administration (FAA) and the Federal Communications Commission (FCC), but no lighting shall be incorporated if not required by either agency.
B.
In all residential, commercial and industrial zoning districts where amateur radio towers are permitted the following additional standards shall apply:
(1)
The maximum height permitted for an amateur radio tower shall be 75 feet. Any tower which exceeds this height may be permitted only after obtaining a special exception permit in accordance with § 286-622 of this chapter and the additional criteria established under Subsection C for such permits below.
C.
Where a special exception permit is requested, the following criteria shall be considered:
(1)
In accordance with the FCC's Memorandum Opinion and Order in PRB-1 also known as "Amateur Radio Preemption," 101 FCC 2d 952 (1985), local regulation of amateur radio towers shall consider the following:
(a)
The FCC, in regulating and licensing amateur radio stations and operators, is operating under basic federal objectives which preempt certain local regulations which preclude amateur communications;
(b)
Restrictions on the placement, screening, or height of towers based on health, safety or aesthetic considerations must reasonably accommodate amateur communications.
(2)
The specific height of the amateur radio tower shall be established as a condition of the special exception permit.
§ 286-414.08 Park and ride facility.
A.
General standards. A park and ride facility containing 15 or more spaces shall include landscaped medians, peninsulas or planter islands. Such landscaped areas shall constitute no less than 10% of the total paved area. They shall be planned, designed and located to channel traffic flow, facilitate stormwater management, and define and separate parking areas and aisles. Each landscaped area shall be planted with a deciduous tree with a minimum caliper of one inch at the time of planting in accordance with § 286-512.
§ 286-414.12 Parking facility, surface/structure.
A.
General standards. A parking facility, surface/structure containing 15 or more spaces shall include landscaped medians, peninsulas or planter islands. Such landscaped areas shall constitute no less than 10% of the total paved area. They shall be planned, designed and located to channel traffic flow, facilitate stormwater management, and define and separate parking areas and aisles. Each landscaped area shall be planted with a deciduous tree with a minimum caliper of one inch at the time of planting in accordance with § 286-512.
§ 286-414.16 Tower.
A.
General standards.
(1)
The intent of these provisions is to regulate the placement of new and replacement towers within Colonial Heights. These policies and standards shall be used by applicants as a guide when selecting alternative tower sites and tower designs within the City. In addition, the City staff, Planning Commission and City Council shall use these policies and standards, plan and the general special exception permit criteria found in § 286-622 as a guide for evaluating any future requests for towers.
It is the official policy of the City to encourage and promote the collocation of antennas on existing public and private structures. To achieve this end, the City encourages all wireless communication providers to locate new antennas on existing structures. Permits for new towers shall only be requested when no other reasonable alternative exists for locating needed antennas. The use of stealth designs shall be considered for any new tower. |
(2)
The maximum height of any proposed tower and associated antenna shall be made a condition of the special exception permit, but in no case shall any tower and antenna exceed 199 feet in height.
(3)
The setback for any proposed tower shall, at a minimum, conform to the requirements for principal structures for the proposed zoning district. However, in no case shall the minimum setback from the base of the tower to any residential structure on an adjoining lot be less than 40% of the height of the tower, measured from the closest structural member of the tower (excluding guy lines). Guy lines shall be exempt from the minimum setback requirements in side and rear yards for the respective zoning district, but shall comply with the setback requirements for the front yard.
(4)
The minimum setback from any property line abutting a road right-of-way for any other building or structure associated with a tower shall be 50 feet. Such buildings or structures shall be located a minimum of 25 feet from any other property line.
(5)
More than one tower shall be permitted on a lot provided all applicable requirements have been met including setback requirements.
(6)
Towers shall not be illuminated with any type of lighting apparatus, unless such lighting is a requirement of the FAA or FCC. Security lighting, of a "down lighting" design may be installed on buildings and structures associated with a tower. In no case shall any lighting violate § 286-530.02 of this chapter.
(7)
Any tower approved shall be structurally designed to carry sufficient loading, and the site approved shall be sized to accommodate the additional equipment necessary for at least three other vendors/providers of communications services in order to minimize the proliferation of new towers in the vicinity of the requested site. In addition, by applying for and being granted the special exception permit, the applicant and the owner of the land agree to make the tower and tower site available for additional leases within the structural capacity of the tower and at reasonable costs adequate to recover the capital, operating and maintenance costs of the tower location required for the additional capacity.
(8)
A monopole tower design is recommended. The City Council may approve an alternative tower design if it finds that an alternative type of structure has less of a visual impact, and/or based upon accepted technical and engineering data a monopole design is not technically feasible. Cost shall not be a criterion for determining tower design.
(9)
By applying and being granted the special exception permit, the applicant and the owner of the land agree to dismantle and remove the tower and associated facilities from the site within 90 days of the tower no longer being used for wireless communications. Dismantling and removal from the site shall only be required after notice by the City. If antennas on any approved tower are relocated to a lower elevation, the tower shall be shortened to the height of the highest antenna. A bond or similar performance guarantee may be required as part of the special exception permit approval. Such guarantee will be in an amount sufficient to ensure removal of the tower and all associated facilities and restore the property, road, and access and utility corridors to a condition that existed prior to tower construction.
(10)
All tower structures and associated hardware, antennas, and facilities shall be a flat matted finish so as to reduce visibility and light reflection unless otherwise required by the FCC or FAA.
(11)
No business signs shall be allowed on the property identifying the name of, or services offered by, any business associated with the tower.
B.
Applicability.
(1)
These standards shall apply to all new and replacement towers within Colonial Heights with the exception that new and replacement towers and associated antenna not exceeding 30 feet in height and located within any commercial or industrial zoning district shall be permitted by right, provided:
(2)
No modification to increase the height, size, type or location of any existing tower or associated facilities, excluding antennas, shall be made unless such modification results in the full compliance of the tower and facilities with all of the requirements of this chapter.
(3)
Antennas may be installed on any existing structure within the City, without the necessity of obtaining a special exception permit, provided said antenna does not meet the definition of a tower, does not increase the height of the existing structure more than 10 feet, and does not result in the structure and antenna exceeding the maximum structure height for that zoning district.
(4)
These provisions shall not apply to any temporary tower erected for the purpose of system design or testing, provided the temporary tower is erected for a period not to exceed 21 days. In addition, in declared local emergency situations, the Administrator shall be authorized to allow the temporary installation of a tower for the duration of the local emergency. A zoning permit pursuant to § 286-606 of this chapter shall be applied for and approved prior to erecting any temporary or emergency tower.
C.
Application requirements:
(1)
A tower maybe approved only pursuant to a special exception permit granted by the City Council pursuant to § 286-622.
(2)
All potential applicants for towers shall consult with City planning staff at least 30 days prior to submitting an application for a proposed tower. During this consultation the applicant shall present information to the staff on system objectives, proposed coverage areas, and alternative sites considered and rejected. The staff shall provide the potential applicant information on Colonial Heights policies and standards for towers, and shall discuss with the applicant possible alternatives to tower construction.
(3)
In addition to the application requirements contained in § 286-622 of this chapter, all applicants for towers shall provide the following at the time of application:
(a)
The location of all other proposed tower sites considered and rejected, and the specific technical, legal or other reasons for the rejection.
(b)
The location of all other possible collocation sites considered and rejected, and the specific technical, legal or other reasons for the rejection.
(c)
Accurate, to scale, photographic simulations showing the relationship of the proposed tower and associated antenna to the surroundings.
(d)
A computerized terrain analysis or other information showing the visibility of the proposed tower and antenna at the requested height and location. If new or modified road, access or utility corridors are proposed, the terrain analysis shall also show the visibility of these new or modified features.
(e)
Information on how the proposed site relates to the applicant's existing communication system, including number of other sites within the Tri-Cities area and the location of the antenna at each site.
(f)
All tower applicants shall be required, at their expense to conduct an on-site "balloon" or comparable test prior to the Planning Commission and City Council hearings on the special exception permit. The purpose of this test shall be to demonstrate for any interested party the potential visual impact of the proposed tower. The dates and periods of these tests shall be established with the applicant at the pre-application consultation.
(g)
Written verification that all required submittals to the FAA have been submitted.
(4)
The applicant shall be responsible for all fees imposed by the City associated with the filing of the application and the reasonable cost of any independent analysis deemed necessary by the City to verify the need for the new tower.