As defined in § 286-200, accessory uses and structures may be associated with principal use types. Principal uses which are allowed by right or by special exception may include accessory uses and activities, provided such accessory uses and activities are appropriate and incidental to the principal use, and provided they are designed and located in accord with the intent and provisions of this chapter.

Agricultural use types may include uses and activities necessarily and customarily associated with the purpose and function of permitted agricultural use types, as determined by the Administrator.

Residential use types may include the following accessory uses, activities or structures on the same site or lot:

Civic use types may include the following accessory uses, activities or structures on the same site or lot:

Office use types may include the following accessory uses, activities or structures on the same site or lot:

Commercial use types may include the following accessory uses, activities or structures on the same site or lot:

Industrial use types may include the following accessory uses, activities or structures on the same site or lot:

The purpose of this section is to provide for the submission of appropriate site plans and to enable adequate opportunity for administrative review of such to ensure compliance with the provisions of this chapter.

A site plan shall be required and shall be submitted to the City for each of the following:

All required site plans shall be prepared and sealed by a professional engineer, architect, landscape architect, or land surveyor B, who is registered by the Commonwealth of Virginia.

A plot plan that meets the standards contained in § 286-530.04 shall be required for all uses or development not requiring a site plan.

A preliminary site plan applicant shall schedule a pre-application conference with the Administrator. The purpose of the pre-application conference is to informally review the proposed preliminary site plan to determine ways to minimize the environmental and natural resources impacts of the proposed development and any other issues and concerns that may emerge as part of the formal review of the site plan. The Administrator's and other staff comments on the proposed preliminary site plan shall be informal, and shall not constitute a formal action on the application. Also, the time period for preliminary site plan approval shall not commence until after the pre-application conference, when the applicant files, and the City accepts, a completed preliminary site plan application.

The Administrator shall establish City procedures for preliminary site plan review and approval.

The Administrator shall send written notice of the preliminary site plan submission to adjacent property owners by first class mail five days prior to the Planning Commission meeting at which the site plan shall be considered.

The Administrator shall coordinate the City review of any preliminary site plan submitted in accordance with City administrative procedures, and shall have the authority to request opinions or decisions from other City departments, agencies or authorities of the Commonwealth of Virginia, or from other persons as may from time to time be consulted.

Complete sets of preliminary site plans shall be submitted for review. A review fee of $500 shall be required for any preliminary site plan submitted. The City shall establish procedures for the collection of this fee and the Administrator shall establish the number of complete sets of plans the applicant shall submit.

Applicants for preliminary site plan approval shall submit a preliminary site plan to the Administrator for review and approval prior to preparing a final site plan. The preliminary site plan shall show the general location of all existing and proposed land uses and site features. The Administrator shall prepare a checklist of the minimum information and format that is to be required on a preliminary site plan and the applicant shall provide all information required by the checklist.

The City staff shall review the preliminary site plan and shall advise the applicant whether or not the features and uses shown on the preliminary site plan conform to the provisions of this chapter and any other applicable City ordinance and requirements. If the features and uses shown on the preliminary site plan conform to the provisions of this chapter, the Administrator shall refer the preliminary plan to the Planning Commission for its review and approval. If the features and uses shown on the preliminary site plan do not conform to the provisions of this chapter, the Administrator shall advise the applicant in writing, and shall advise the applicant on what changes to the preliminary site plan are necessary prior to referral to the Planning Commission.

The Planning Commission shall review, and approve or disapprove, any complete preliminary site plan submitted for its review within 60 days of the filing of the plan with the Planning Commission and the Planning Commission's acceptance of the plan. If the Planning Commission disapproves a preliminary plan, it shall notify the applicant of what changes must be made on the preliminary site plan before resubmittal to the Planning Commission for approval. If a plan must be reviewed by a state agency or other public authority, approval or denial shall occur within 45 days from the date of receipt of any agency response.

Every final site plan shall be submitted in accordance with the requirements of this chapter. The final site plan shall show the location of all existing and proposed land uses and site features. The Director of Public Works shall prepare a checklist of the minimum information and format that is to be required, and the applicant shall provide all information required by the checklist and by the Director of Public Works to insure conformance with City ordinances and standards. Plans which lack required information shall be deemed to be incomplete and shall be denied by the Director of Public Works or his designees within five work days after initial submission. The developer may request reinstatement of review.

A final site plan shall be submitted for approval within one year of the approved preliminary site plan. Thereafter, the preliminary site plan shall expire.

A final site plan applicant shall submit a review fee of $750 plus $35 per acre of the proposed development, not to exceed $1,100. If such a plan is rejected or not approved by the Director of Public Works, the applicant need not submit an additional fee upon the first resubmittal of the plan. However, for a second or subsequent resubmittal, the applicant shall pay a fee of $250 per resubmittal.

Final site plans shall be prepared on such materials and format as the Director of Public Works may specify, with the number of copies that he prescribes.

The final site plan shall reflect all those elements approved on the preliminary site plan. In addition, it shall include those specific construction plans and other technical information as determined by the Director of Public Works, and it shall provide for all improvements required pursuant to this code or other applicable laws.

The Director of Public Works shall have the administrative authority to establish City standards and procedures for final site plan review and approval and shall have the authority to request opinions or decisions from other City departments, agencies or authorities of the Commonwealth of Virginia or from other persons as may from time to time be consulted.

Complete sets of final site plans and other information shall be submitted on approved media for review. The Director of Public Works shall establish the number of complete sets of plans and other information the applicant shall submit.

The Director of Public Works shall review, and approve or disapprove, any complete final site plan submitted for its review within 60 days of the filing of the final site plan with him and his acceptance of the plan. If a plan must be reviewed by a state agency or other public authority, approval or denial shall occur within 45 days from the date of receipt of any agency response.

Approval of the final site plan pursuant to the provisions of this chapter shall expire five years from the date of approval in accordance with § 15.2-2261 of the Code of Virginia, unless building and/or zoning permits have been obtained for the development.

No building or zoning permit shall be issued by any City official for any building, structure or use depicted on a required final site plan, until such time as the plan is approved by the Director of Public Works.

No change, revision, or erasure shall be made on any pending or approved final site plan, nor on any accompanying information where approval has been endorsed on the plan or sheets, unless authorization for such changes is granted in writing by the Director of Public Works prior to approving the change.

Any improvement or dedication required by this chapter any other ordinance of the City shall be made at the sole cost of the property owner unless other agreements have been reached between him, the City, and/or any other governmental agency. In the City's sole discretion, the City may require payment equivalent to the cost of required improvements rather than actual construction of said improvements. In such cases, the City shall provide the required improvements within a specified time period.

Prior to the approval of a final site plan, the applicant shall execute a development agreement to construct required or proposed improvements located within public rights-of-way or easements, or any such improvement connected to any public facility.

Prior to issuance of a land disturbance permit, the applicant shall file a performance guarantee with surety acceptable to the City Attorney in the amount of the estimated cost of the improvements plus 10% contingency, as determined by the Director of Public Works. The owner's performance guarantee shall not be released until the construction has been inspected and accepted by the Director of Public Works.

Proposed lot sizes, buildings or uses shall conform to the provisions of this chapter. Nonconforming lots of record, buildings or uses may be developed in accordance with § 286-624 of this chapter.

Proposed private parking areas, travel lanes and access driveways shall be designed, located and constructed in accordance with § 286-518 of this chapter.

Wastewater (sanitary) and water utilities shall be required and conform to Chapters 238 and 277 of the City Code and applicable City standards and specifications, as determined by the Director of Public Works. All utility plans shall be approved by the Director of Public Works prior to any land disturbance activities. To the extent feasible, all new public utilities shall be located within public rights-of-way.

Drainage and stormwater management facilities shall be required and conform to Chapter 245 of the City Code, and applicable City standards and specifications as determined by the Director of Public Works.

Erosion and sedimentation control plans shall be designed and implemented in accordance with the provisions of Chapter 241 of the City Code. All areas proposed for clearing and or grading shall be limited in size and location to the minimum necessary to achieve the development proposed. The Director of Public Works shall have the authority to determine and establish the limits of clearing and grading and to require that the limits of clearing and grading be shown on the final site plan and the final erosion and sedimentation control plan required by Chapter 241 of the City Code. All disturbed areas, including areas within temporary construction easements, shall be replanted and stabilized.

Proposed private, exterior site lighting shall be designed and implemented in accordance with § 286-530.02 of this chapter.

Required buffer yards, screening and/or landscaping shall be designed and implemented in accordance with § 286-512 of this chapter.

All off-street parking shall be designed and implemented in accordance with § 286-518 of this chapter.

All private signage shall be designed and implemented in accordance with § 286-524 of this chapter.

Fire protection facilities and emergency access provisions shall be required and conform to the City fire code and standards as determined by the Fire Chief or his designee.

Private bridges, retaining walls, handrails and other structures shall conform to the Uniform Statewide Building Code as determined by the Building Official.

Police protection facilities and provisions shall conform to City safety codes and standards as determined by the Police Chief or his designee.

Private wastewater and water systems shall conform to regulations promulgated by the Virginia Department of Health.

Transportation facilities shall be required and conform to applicable standards and specifications of the City as determined by the Director of Public Works.

Traffic control measures and devices shall be required and conform to applicable standards and specifications of the City as determined by the Director of Public Works.

Highway and street illumination shall be required and conform to applicable standards and specifications of the City as determined by the Director of Public Works.

Rights-of-way for roads, streets, alleys and other facilities for public use (e.g., utilities and park areas), and easements necessary for their construction and maintenance, shall be dedicated to the City, or proof thereof shall be required to develop or use property.

Private solid waste and recycling facilities, HVAC equipment and other mechanical systems shall be screened in accordance with § 286-512.08.

Private receptacles or dumpsters for collection and disposal of solid waste and recycling shall be located on paved pads of sufficient size to accommodate loading and unloading.

Private landscaping shall conform to § 286-512 of this ordinance and the provisions of the Boulevard Overlay District of this chapter.

A Phase I environmental site shall be required when the development involves any land disturbance for residential, assembly, day care, group home, recreation, school, library or similar use where exposure to contaminated soils or water would pose a threat to the public health, safety or welfare. The Phase I environmental site assessment shall conform to ASTM E1527 - 05 and subsequent revisions. Where deemed necessary, the Director of Public Works or designee shall require a Phase II environmental site assessment in accordance with ASTM E1903 - 97(2002) and subsequent revisions. The Phase I and Phase II reports shall include recommendations to address any and all environmental conditions of the property adverse to the public health, safety and welfare, including without limitation, contaminated soil, surface water or groundwater. In the event a Phase I and/or Phase II environmental site assessment has been previously submitted to the City for the same property, such environmental site assessment may suffice.

It shall be a violation of this zoning ordinance for any person to construct or structurally alter any building or structure or to develop or modify land for which a site plan is required, except in accordance with an approved final site plan.

The developer shall provide adequate supervision on the site during the installation of all required improvements and shall have a responsible superintendent or foreman, together with one set of approved plans and specifications, available at the site at all times when work is being performed.

Any excavation, grading or other disturbance within the City right-of-way will only be allowed as a part of a continuous, timely operation toward completion of the entire improvement shown on the approved final site plans.

Inspections may be made by the Director of Public Works, or designee and other agencies, both on site and off site, to ensure general conformance of the construction with the requirements of the approved final site plan.

In the event that inspection reveals that the construction does not conform to the requirements of the approved final site plan or if inspections made find that unapproved materials or substandard workmanship are being used, or if the Director of Public Works finds that a hazard to public safety exists, he shall stop the work from proceeding by providing verbal and written directions to stop work until any public safety hazard or noncompliance is remedied, such written notice shall be hand carried or mailed by certified letter to either the developer or his superintendent.

The developer shall request that a final inspection be made by the Director of Public Works.

Where a final site plan is required under this zoning ordinance for the construction or structural alteration of any building or structure, or the development or modification of any land, no building permit shall be issued for such activity until the required final site plan has been approved.

No certificate of occupancy shall be issued for a building constructed on a site which is subject to the final site plan requirements of this ordinance until a written certification has been submitted to the Director of Public Works certifying that the site construction substantially conforms to the approved final site plan and all approved plan revisions. The certification shall be made by a professional engineer, licensed by the Commonwealth of Virginia, in a form acceptable to the Director of Public Works. After such certification is submitted to the Director of Public Works, he shall conduct an on-site inspection of the work determining which aspects of the approved final site plan have been completed satisfactorily, and which aspects are deficit or lacking and need correction.

It is the intent of these provisions to promote the public health, safety and welfare by reducing common conflicts associated with incompatible abutting land uses. It is also the intent of these provisions to promote the protection of the natural environment through plantings that absorb gaseous emissions and improve air and water quality. To these ends, these requirements seek to ease transition among different uses by reducing noise, glare, dust and overcrowding, redirecting emissions, confining litter, maintaining property values, protecting neighborhood character, promoting visual harmony, restricting passage, promoting peaceful enjoyment and privacy and enhancing the natural environment. Further, the requirements seek to encourage innovation in landscape and architectural design.

These provisions shall apply to all developments requiring a site plan as specified by this chapter. All required landscaped plans shall be prepared by an AICP certified planner or a licensed professional knowledgeable of plant materials and landscape design.

Buffer yards containing specified screening and plantings shall be required between zoning districts of different intensities as shown in Table 1.[1] For each required buffer type, the developer of the site shall choose which option to install.

Required buffer yards shall be located such that they provide a visual and physical barrier between abutting zoning districts of different intensities and shall buffer and screen all exterior storage, service, refuse, maintenance, repair, processing, salvage, parking, and other similar areas. No use of the site may be extended into or beyond the required buffer yard.

Required buffer yards shall not be located on any portion of any existing or dedicated public or private street or right-of-way, shall not obstruct the visibility of traffic circulation, and shall not interfere with the use of adjoining properties.

Required buffer yards, including screening and plantings shall be in place at the time of any occupancy or use of the property.

The buffer yard shall be reserved solely for screening and plantings, except for required pedestrian or vehicular access driveways to the property, passive recreation areas, or pedestrian or bicycle trails, which can be accommodated in a manner that preserves the intended screening function between abutting zoning districts of different intensities. In no case shall any portion of a required buffer yard be used for parking, service, refuse, storage, maintenance, or any other use that impairs the intended buffer function.

The property owner or lessee shall have the responsibility to continuously maintain the required buffer yards, screening and plantings such that they continue to meet the specified standards and intent of this section. All materials shall present an attractive appearance and be of durable construction.

Plantings required by this section shall be provided in accordance with the following standards:

Screening required by this section shall be provided in accordance with the following standards:

Any exterior area used for storage, service, maintenance, repair, processing, manufacturing, fabrication, salvage, refuse disposal, or other similar use that is visible from a public street right-of-way, shall be screened with a buffer yard, screening and plantings meeting Type A standards listed in this section, and shall be provided in a manner which screens the use from view. Any area so used shall also be similarly screened from view of adjoining residences and businesses.

All commercial and industrial use types shall screen from surrounding views all articles and materials being stored, maintained, repaired, processed, erected, fabricated, dismantled or salvaged.

All dumpsters and refuse storage areas shall be screened on all sides by an opaque enclosure that has a minimum height of six feet.

All HVAC equipment located in a Commercial or Industrial District, including roof located equipment shall be screened on all sides by an opaque enclosure.

Where any area used for active outdoor recreation use, playground, tennis courts, swimming pool, or other similar use is located in a residential district, such use shall be screened from any adjoining residences with buffer yards, screening and plantings meeting Type B standards listed in this section.

When a new, expanded, or reconfigured parking area is required or proposed adjacent to a public street right-of-way, a landscaped planting strip shall be established between the parking area and the adjacent street right-of-way. This required landscaped planting strip shall have a minimum width of eight feet, if the depth of any portion of the parking area is 60 feet or less when measured at a right angle to the street right-of-way. The width of the required landscaped planting strip shall be increased by one foot for each additional five-foot depth of parking area provided. No required landscaped planting strip shall be required to exceed a width of 50 feet. Landscape strips adjacent to other property lines shall be a minimum of eight feet.

Within the required landscaped planting area, one deciduous tree shall be planted for each 320 square feet of landscaped area. All shade trees shall have a minimum caliper of two inches at the time of planting. Lower limbs shall be removed to a clear trunk height of six feet as tree growth allows. Smaller ornamental/flowering trees may be used with the permission of the Administrator. When used, these trees may retain their lower limbs, but must be planted with consideration of visibility and traffic flow.

When buffer yards as specified in this section are not required, an eight-foot wide landscaped planting strip shall be provided between all parking areas and adjacent properties. Within the required landscaped planting area, one deciduous tree shall be planted for each 160 square feet of landscaped area. All shade trees shall have a minimum caliper of two inches at the time of planting. Lower limbs shall be removed to a clear trunk height of six feet as tree growth allows. Smaller ornamental/flowering trees may be used with the permission of the Administrator. When used, these trees may retain their lower limbs, but must be planted with consideration of visibility and traffic flow.

A minimum of one tree shall be provided for every 50 feet of the property line, or part thereof, that abuts public rights-of-way; i.e., 60 feet of property line requires two trees.

The placement of trees shall be evenly spaced and coordinated with existing conditions and proposed improvements as provided herein and shall be in addition to any other screening that may be required. Each tree shall be located in the landscape strip provided by the above-mentioned requirements. The preferred tree species to be used to fulfill this requirement shall include, but not be limited to, Eastern Red Bud, Crepe Myrtle, Pear (any variety), Dogwood, Yoshino or Kwanzan Cherry and Golden Rain Tree.

All front setback areas located between a building and a public street shall be professionally landscaped with a combination of trees, shrubs and ground cover.

Front setback areas within the Boulevard Design Overlay District shall be landscaped as required by § 286-314.

In cases where quality indigenous vegetation or woodlands exist, preservation of existing quality indigenous vegetation or woodlands is encouraged. Preserving quality indigenous vegetation and woodlands between the parking area and the adjoining right-of-way or property is encouraged and may be substituted for landscaping requirements at the discretion of the Administrator.

The following minimum standards for interior parking area landscaping shall be met for all new, expanded or reconfigured parking areas:

Between parking areas and buildings, there shall be a minimum of 10 feet to allow for a five-foot wide sidewalk and a five-foot wide landscape area immediately adjacent to the building.

Deciduous urban shade trees with ground cover or low shrubs shall be the primary landscape material. Tall shrubs or low-branching trees that will restrict visibility shall be avoided.

For planting islands that are parallel to spaces, islands shall be a minimum of nine feet wide to allow doors to open.

For planting islands that are perpendicular to spaces, islands shall be a minimum of eight feet wide to allow for overhang of parked cars. If parking is only on one side of the island, an eight-foot width is still required.

The owner, tenant and their agents, if any, shall be jointly and severally responsible for the maintenance of all required and provided landscaping in good condition so as to present a healthy, neat and orderly appearance. All landscaped areas shall be kept free from refuse and debris.

All landscaped areas shall be provided with a readily available water supply.

All required or provided trees, shrubs, ground covers and other plant materials must be replaced during the first opportune planting season if they die or become unhealthy because of accidents, drainage problems, disease or other causes.

Trees shall not be trimmed or topped so that advertisement signs may be visible. Trees shall instead be allowed to grow and at the appropriate time, the crown may be lifted.

An adequate preservation and maintenance surety in effect during construction shall be required. The surety shall guarantee that all indigenous vegetation required to be maintained at the site is maintained in its natural undisturbed state and that all new vegetation planted on site remains healthy and in good condition.

The requirements of this section shall be applied equally to all similarly classified and situated properties but may be modified or waived by the Administrator where the intent of this section is preserved and where the proposed development of the new use meets any of the following guidelines:

When buffering, screening or planting requirements are required by a conditional rezoning, or a special exception permit approved after the effective date of this chapter, and such requirements are in conflict with the requirements contained herein, the more restrictive requirements shall apply.

These provisions for off-street parking are intended to address the off-street parking demands created by various land uses within the City. The standards established in this section are designed to protect the health safety and welfare of the Colonial Heights community by accommodating parked vehicles in a safe and functional manner with consideration given to the stormwater quality and quantity impacts of impervious parking areas.

These provisions shall apply equally for all use types listed in this section.

No recreational vehicle shall be used as a dwelling or for business purposes, except that itinerant merchants as defined in § 286-202.10 may use a recreational vehicle as a temporary office in accord with the standards contained in § 286-410.48.

All required off-street parking shall be located on the same lot as the use requiring the parking, except under the following conditions:

Any tractor-trailer combinations, tractors, trailers, tanker trucks, buses, dump trucks, or concrete mixer trucks shall not be placed, parked, or stored in residentially zoned districts.

Any box truck, bucket truck, flatbed truck, and tow truck shall be limited to no more than one per lot in residentially zoned districts and shall be located in the side or rear yard, behind the front line of the principal structure.

No more than a total of three of the following: recreational vehicles, recreational or utility trailers, boats, or campers shall be stored, placed, or parked in a residential district in the side or rear yard, behind the front line of the principal structure. No recreational vehicle, recreational or utility trailer, boat, or camper shall be stored, placed, or parked in a residential district in the front yard.

This Code section shall not supersede, and it shall be in addition to, § 273-27 of this Code, which refers to parking requirements upon public streets and right-of-way in residential districts.

Site plans, as required by § 286-506 shall provide for parking spaces reserved for the disabled. The number of spaces provided shall be as required by the Virginia Uniform Statewide Building Code.

All required or provided off-street parking spaces located on the ground and not within a parking structure, may be located within any required yard unless the yard is required for screening, buffering, or landscaping as provided by this chapter.

All parking structures and carports shall comply with the minimum yard and setback requirements applicable in the zoning district where the structure is located.

All off-street parking areas shall be designed to provide safe and convenient vehicle access to a street and safe, convenient and delineated pedestrian access from parking spaces to the use or structure being served by the parking area.

Aisles between rows of parking, and aisles providing access to parking areas shall comply with the design standards established by this chapter.

If any parking spaces are contiguous to a public street, perimeter landscaping shall be provided as required by § 286-512. In addition, the public street side of such space shall be curbed.

Cross easements shall be established in all new parking areas. These cross easements shall permit the connection or eventual connection of parking areas on adjoining lots.

Whenever a development, for which a site plan is submitted, abuts a public street, the access points shall meet City standards.

Parking lot access driveways leading to and from the street where no parking is provided on either side shall meet the following width guidelines subject to final approval by the Director of Public Works:

Whenever parking is proposed adjacent to a structure, an emergency access aisle shall be properly marked in accordance with City standards.

All off-street parking areas, on new sites as of the effective date of this chapter, shall be constructed of a hard surface consisting of asphalt or concrete. Gravel parking areas shall not be permitted.

Notwithstanding Subsection A above, off-street parking areas may be constructed using durable pervious materials such as porous pavement, or grid/block pavers. The Administrator shall have authority to approve specific materials. Any off-street parking areas constructed of these materials, shall not be considered as part of lot coverage limitations as may be specified in this chapter.

All required or provided parking spaces and aisles adjacent to parking spaces shall have the following minimum dimensions:

When a building includes a combination of uses, the required parking will be the sum of the required parking for each use, except that a reduction in the required number of parking spaces based on shared use by activities having different time demands for spaces and/or pedestrian connections between uses may be granted by the Planning Commission. A plan of this shared use shall be presented by the applicant at the time of the site plan review.

Where the parking requirement for a use is not defined in this section, and no similar use is listed, the Administrator shall determine the number of spaces to be provided.

All references to square feet in the parking requirements below shall refer to net square feet.

All references to maximum occupancy shall refer to maximum occupancy as defined by the Virginia Uniform Statewide Building Code.

All parking areas or spaces provided that exceed the minimum parking requirements contained in § 286-518.18 by more than 20% shall be constructed of a porous pavement or grid/block paver type of material as specified in § 286-518.12B.

Stacking spaces shall be provided for any use having a drive-through facility or areas having drop-off and pick up areas. The following general standards shall apply:

Stacking spaces shall be provided as follows:

Control of all signs and advertising displays is required to protect property values, including the character and the economic stability of property, to encourage the most appropriate use of land, to secure safety on the streets, to achieve a more desirable living environment and, to protect and enhance the desirability of the City as a place of residence, employment and civic activity.

The intent of these provisions is to place controls on the display of all signs necessary to assure that they will be appropriate to the land, water, building or use to which they are appurtenant and not be excessive for the intended purpose of identification, protection or advertisement. These provisions encourage competition toward attractiveness in signs as a contribution to the City's economic vitality and discourage that type of competition which produces signs of ever-increasing size, brightness and garishness.

Variances of maximum sign area, size, and number of signs or height of signs or removal of prohibited signs are not deemed to be in harmony with the intent, spirit or purpose of these provisions.

No permit shall be required for any of the following signs, provided that they comply with all other regulations; however, nothing in this section shall be construed as providing an exemption from any Building Code requirement:

A fee shall be charged by the City for each sign permit and temporary sign permit. The fee required shall be paid to the City prior to the issuance of a sign permit.

The Administrator may, after 10 days' notice in writing to the permittee, revoke any permit issued under these provisions, when it shall appear that the application for the permit contains knowingly false or misleading information, or when the permittee has failed to keep in a good general condition and in a reasonable state of repair the sign for which such permit was issued, or when the permittee has violated any provision of this section, unless such permittee shall, before the expiration of 10 days, correct the violation and offer proof of compliance.

The provisions of this chapter or the issuance of any sign permit shall not relieve or limit the liability of any person erecting, owning or maintaining any sign from personal injury or property damage resulting therefrom or work relating thereto, nor shall it be construed that either such provisions or issuance impose upon the City, its officials or its employees any responsibility or liability by reason of the approval of any sign under this chapter.

The Administrator is authorized to obtain such information, as he may deem necessary for the proper administration of this chapter, including but not limited to information on all signs erected prior to the adoption of these provisions.

The Administrator shall make inspections and tests necessary to enforce these provisions.

All signs, together with all of their supports, braces, guys, connections, anchors and electrical equipment, shall be kept in good repair and maintained in safe, neat, clean and attractive condition. Such routine maintenance shall include the replacement of defective parts, painting, repainting, cleaning and other similar acts. Upon written notification by the Administrator and within 14 days therefrom, any defective bulbs, lamps, lights, fluorescent lamps, neon tubes, sockets and faulty signs' interior wiring shall be repaired or replaced. The painted display surfaces, structure and supports of all signs shall be painted or otherwise treated at least once every two years unless the same are aluminum, stainless steel, galvanized, plastic or permanently treated to retard weathering by the elements.

The ground area around any freestanding sign shall be kept free and clean of weeds, trash and other debris.

Any permanent sign which is found by the Administrator to be unsafe, insecure or hazardous, or which has an expired permit, has had its permit revoked, has been placed unlawfully upon or projects over public right-of-way, property or space, has been constructed, erected or maintained in violation of these provisions or is otherwise an unlawful or prohibited sign, shall be deemed a public nuisance, and the Administrator shall give five days' written violation notice to the owner or permittee thereof. If the owner or permittee fails to remove or alter the sign to comply with the applicable requirements of these provisions within the five days, the Administrator shall cause such sign to be removed.

Any temporary sign which is found by the Administrator to be unsafe, insecure or hazardous, or which has an expired permit, has had its permit revoked, has been placed unlawfully upon or projects over public right-of-way, property or space, has been constructed, erected or maintained in violation of these provisions or is otherwise an unlawful or prohibited sign, shall be deemed a public nuisance; and the Administrator shall cause such sign to be removed immediately and without prior notice.

Any sign, structure and/or advertising copy which no longer advertises a bona fide business conducted or a product sold on the premises shall be removed by the owner, agent or person having the beneficial use of the premises where the sign is located within 60 days after the use is discontinued. Any sign not so removed within this period may be removed by the Administrator as a public nuisance.

The Administrator shall levy the cost of removing a sign against any of the following, each of which shall be jointly and severally liable for such charges:

A sign removed by the Administrator shall be held not less than 30 days by the City, during which period it may be recovered by the owner upon paying the City for the cost of removal and storage and upon payment of any imposed fine. If not recovered within the thirty-day period, the sign shall be considered abandoned, and title thereto shall vest in the City for disposal in any manner permitted by law.

Every sign declared to be a public nuisance may be abated, enjoined, restrained or removed by the City in any available legal proceeding or court action in addition to the other remedies specified by these provisions.

Whenever the City incurs any expense, the City may collect the cost thereof from the owners or tenants of the property affected in any manner provided by law for the collection of state and local taxes.

The notice and order required herein shall be given to the persons specified and/or to the owner or occupant of the premises on which the sign is located as shown on the City tax assessment records or on the sign permit. Such notice, in writing, may be served in person or by first-class mail, or certified mail return receipt requested. The time for compliance shall start from the date mailed or served in person, whichever is applicable.

Any violation of any provision or requirement of this chapter shall be subject to the penalty specified in § 286-616. A fine as required by law may be imposed in addition to the charge for cost or removing or storing signs by the City.

All signs or sign illuminations not otherwise prohibited which do not wholly conform to all applicable provisions of this chapter but which were erected in compliance with all applicable regulations in effect at the time of their erection may continue to exist as lawful nonconforming signs, provided that the following sections of this chapter shall be applicable and shall be complied with: § 286-524.16, Maintenance; § 286-524.18, Removal of unlawful signs; § 286-524.20, Removal of abandoned signs; and § 286-524.46, General requirements.

Nonconforming signs shall not be enlarged or reconstructed and may be altered only for routine maintenance which does not materially alter the character of the sign and does not alter the advertisement thereon.

Whenever any lawfully existing nonconforming sign is in need of repairs or alterations such that the sign is deemed by the Administrator to be unsafe, insecure or a public nuisance, the sign shall be altered to conform to all provisions of this chapter or shall be removed.

Whenever any lawfully existing nonconforming sign is damaged by any cause to an extent in excess of 50% of its replacement cost, the sign shall be altered or repaired to conform to all provisions of this chapter or shall be removed.

Every sign or display which is prohibited by this section is deemed a public nuisance. No such sign or display shall be erected, maintained or permitted which:

The following illuminated signs or means of sign illumination are deemed a public nuisance and are prohibited in all zoning districts:

The applicable provisions of the laws of Virginia relating to outdoor advertising, and specifically § 33.1-370 et seq. of the Code of Virginia, are hereby incorporated into this Code; however, nothing in this provision shall be construed to lessen any requirement or regulation enumerated herein.

No sign shall be erected, constructed, placed or maintained which blocks any fire escape, required exit way, window or door opening used as an exit or which prevents free passage from one part of a roof to another part.

No sign shall interfere with any opening required for ventilation.

No sign shall project into any public street, right-of-way, alley, easement or space.

Signs shall be located not less than three feet horizontally or eight feet vertically from overhead electrical conductors.

Temporary signs requiring a permit are:

No person shall erect any temporary sign without having first obtained any permit required under this chapter.

All temporary sign applications for yard sale signs shall be created by the Commissioner of Revenue; and all such applications shall be submitted to the Commissioner of Revenue for review and subsequent approval or disapproval.

A temporary sign application for advertising, special event or wind-driven signs shall be created by the Administrator; and all such applications shall be submitted to the Administrator for review and subsequent approval or disapproval.

The Administrator shall issue a decal for each temporary advertising, special events, or wind-driven sign when a permit application for such sign is approved. The decal shall be placed on the lower left front corner of each sign and be conspicuously marked with both the date of permit approval and the expiration date. The display of any such sign without the required decal shall constitute a violation of this chapter.

With the exception of yard sale signs, any temporary sign for which a permit is required shall only be placed in a location approved by the Administrator, who shall give due consideration to the location of permanently erected signs, parking lot arrangement, traffic flow and other safety considerations.

No temporary sign shall be erected or maintained in any location where it prevents or impedes free ingress or egress from any door, window or fire escape.

No temporary sign shall be erected, installed or placed within any public right-of-way or in any required sight distance triangle.

(Reserved)

Every temporary sign shall be securely anchored to the ground or to a permanent structure in a safe manner.

No temporary sign shall be located within eight feet of the edge of paving.

Temporary advertising signs are allowed in all zoning districts subject to the following regulations:

Construction signs.

Real estate signs.

Special event signs.

Yard sale signs.

Wind-driven signs.

The following shall not require the issuance of a sign permit:

No sign, unless excepted in § 286-524.50 of this chapter, shall be erected, relocated, placed, posted or painted, except for routine maintenance which does not materially alter the character of the sign and does not alter the advertisement thereon, by any person without first obtaining, in writing, a permit from the Administrator.

Prior to the alteration, erection, installation or placement of any sign, a permit application shall be submitted to the Administrator and shall contain the following information:

The Administrator shall examine all sign permit applications. If the proposed sign is in compliance with all applicable City requirements and has been reviewed and approved by the Planning Commission, when required, the Administrator shall then issue the sign permit.

If the work authorized under a sign permit has not been completed within six months after date of issuance, such permit shall become null and void and there shall be no refund of any fee required by this chapter.

Notwithstanding any other provisions of this chapter, sign permits do not require review and/or approval from the Commission, except as required in this chapter for subdivision identification signs.

No portion of a freestanding sign shall be constructed to a height greater than 25 feet above the grade level of the ground on which the sign is erected or 25 feet above the grade level of the center line of the street to which it is oriented at the nearest point, whichever is greater.

Notwithstanding any other provision of this chapter, the setback line for buildings and other structures shall not affect the placement of freestanding signs; however, no freestanding sign or any projection thereof shall be erected or maintained within any public right-of-way or within 10 feet of any side lot, parcel or property line.

No freestanding sign shall be erected in any rear yard, in any side yard directly adjoining or across from a residential zoning district or within 100 feet, on the same side, along any street, in a residential zoning district in the instance of bulletin boards and subdivision identification signs where permitted.

Every pole sign shall be supported by a structure protected by a raised curb, which shall provide for a bumper overhang of not less than 2 1/2 feet. The raised curbing shall be a minimum of six inches above grade.

No sign shall be erected or maintained on any freestanding sign structure other than the principal sign(s) for which the structure was designed.

No freestanding sign shall be erected or maintained in the sight-distance triangle as defined in § 286-200 of this chapter, except that a pole sign, with a pole diameter not exceeding 12 inches in thickness or a height of the bottom of the sign of less than 10 feet from the finished grade shall be allowed. The Administrator shall review and approve the location to insure that minimum sight-distance requirements have been met.

For the purpose of interpretation of this chapter, freestanding signs located on City rights-of-way by permit issued pursuant to § 247-2 of the Streets and Sidewalks Chapter of this Code shall be deemed to be located on the premises which they advertise.

No building sign shall be erected upon or derive its principal support from any other sign or sign structure.

No building sign shall project above the roofline or cornice or parapet wall of a building, whichever allows the greatest height, nor shall any building sign be erected wholly on the roof of any building.

The lower edge of the sign face of a projecting sign shall be at least nine feet above the grade level of the ground, pavement or sidewalk immediately below such sign.

No incidental sign, not otherwise classified, shall exceed a height of four feet above grade level.

The following regulations shall apply to all signs, which are located on unused lands in any residential district or are accessory to any single-family residential use:

The following regulations shall apply to all signs which are accessory to any multiple-family residential use:

The following table contains regulations which shall apply to signs which are accessory to any commercial use in any commercial zoning district.

In addition to the regulations listed in the table in the preceding section, signs accessory to commercial uses shall comply with the following regulations:

All other sections of this chapter notwithstanding, a permitted pole sign for an automobile service station shall only display the principal trademark, symbol, slogan, name or other identifying design, the words "gas" or "gasoline" and/or prices and grades of gasoline.

No temporary signs or any other form of advertising, except as provided above, shall be erected or maintained on any automobile service station premises, with the exception of the following types:

The following customary advertisements and identifications shall not be considered a sign for the purpose of this section:

There shall be no banners, displays anchored by chain, rope, string, wire or any other not-rigid support, flywheels, propellers or streamers.

There shall be no display or light source in or near any vehicle passageway or vehicle doorway unless supported by a structure protected by a raised curb which shall provide for a bumper overhang of not less than 2 1/2 feet. The raised curbing shall be a minimum of six inches above grade.

In addition to other signs permitted by this chapter, one additional freestanding pole sign shall be permitted for commercial uses located within 500 feet of interstate highway right-of-way lines.

Such additional freestanding pole sign shall not exceed a height of 60 feet above the finished grade on the center line of the interstate highway the sign is intended to address. The maximum size of the sign shall be as follows and shall display only a principal trademark, symbol, design, slogan, name or other identifying design.

An added sign area which is designed for and is structurally a part of the permitted freestanding pole sign shall be allowed, provided that such additional area is used exclusively for a sign designed for the use of replaceable copy or lettering. The maximum size of the sign shall be as follows:

Each shopping center greater than 500,000 square feet shall be permitted freestanding signage as follows:

Each shopping center less than 500,000 square feet shall be permitted freestanding signage as follows:

Building-mounted signs for individual businesses shall conform to the general size requirements for commercial uses; however, the special regulations pertaining to building signs for multiple-tenancy structures shall apply when applicable.

No other signs, permanent or temporary, are permitted for shopping centers or the individual businesses within such centers.

The following table contains regulations which shall apply to signs which are accessory to any use in the RO District:

In addition to the regulations listed in the table in the preceding section, signs accessory to residential-office uses shall comply with the following regulations;

Entrance canopies and awnings shall bear only the name of the business, the name of the owner or proprietor of the business, and its street address.

The following table contains regulations which shall apply to signs which are accessory to any use in industrial zoning districts.

In addition to the regulations listed in the table in the preceding section, signs accessory to industrial uses shall comply with the following regulations:

All other sections of this chapter notwithstanding, billboards shall not be permitted in any district.

All other sections of this chapter notwithstanding, the following regulations shall apply to all nonconforming billboards:

All exterior site lighting fixtures shall be designed located and arranged so as not to direct glare on adjoining streets or residential properties. All exterior fixtures shall be shielded so that light is directed towards the ground only.

Except for publicly owned fixtures, no freestanding light fixture shall exceed 20 feet in height above grade.

Lighting intensity at the property line of any civic, office, commercial, or industrial use type shall not exceed one footcandle.

A plot plan shall be submitted, prior to the approval of a zoning permit, for any new or expanded use or development not requiring a site plan. Plot plans shall be legibly drawn and shall clearly indicate the area, shape and dimensions of the property proposed for development. All existing easements, natural watercourses, and existing and proposed improvements shall also be shown on the plan. The plan shall clearly indicate the minimum distances between existing and proposed uses and all property lines. Proposed access to the property shall also be shown.

The lot area and yards required for any use or structure shall be permanently maintained, and shall not be counted as the required lot area or yards for any other use or structure.

Required yards shall remain free of all uses or structures except for the following:

Height limitations contained in this chapter shall not apply to church spires, belfries, residential chimneys, flag poles, or residential television antennae.

The minimum lot frontage on the arc of a cul-de-sac shall be no less than 30 feet in all zoning districts.

Flag lots, shall have a minimum lot frontage as defined in this chapter.

The creation of irregular lots, as defined in this chapter, shall be prohibited. No lot shall be platted or modified pursuant to the provisions of the Colonial Heights Subdivision Ordinance[1] that due to its geometric characteristics, results in the creation of an irregular lot.

Only one single-family detached dwelling shall be permitted on any lot. Any existing lot that has two or more single-family detached dwellings shall be subdivided in accordance with this chapter, and the Subdivision Ordinance.

Well lots, tank lots, stormwater detention area lots, utility pumping station lots, and similar types of public utility lots may be created in compliance with the terms of this chapter and the Subdivision Ordinance, notwithstanding the frontage, width, area, and other design standards for lots found in Article III of this chapter. Any such lot proposed for platting, shall be clearly designated on a subdivision plat reviewed and approved by the City. This plat shall contain notations and covenants that clearly restrict the use of the lot for the above cited purposes. Further, the plat shall clearly indicate that no employment shall be allowed at these lots except for the routine and necessary maintenance of the public facilities.

On corner lots and double frontage lots, the front shall be determined by the Administrator. A rear yard shall always be opposite a front yard.

To promote visibility for pedestrians and the operators of motor vehicles, a clear sight triangle shall be established at the intersecting rights-of-way of any two public streets. The legs of this sight triangle shall be 25 feet in length. They shall begin at the point of intersection of the two street rights-of-way, and shall extend 25 feet along each right-of-way line. The triangle shall be formed by connecting the endpoints of these two lines.

Within this sight triangle nothing in excess of three feet in height shall be constructed, placed, or permanently parked. In addition, no vegetative plantings within the triangle shall be allowed to grow to a height of greater than three feet.

Nothing in this section shall imply the necessity of removing obstructions within this sight triangle, provided that these obstructions were installed or planted prior to the effective date of this chapter. Routine trimming of shrubbery violating this height requirement shall be required, if the trimming will not endanger the health of the species.

No fence shall be erected by any person without first obtaining in writing a permit from the Administrator.

Except as provided for in § 286-530.18, fences may be constructed in any location, on any lot. The maximum height of a fence shall not exceed seven feet in the side and rear yard.

On any lot, fences located in front of the building line shall not exceed 42 inches in height. No solid/privacy or chain link or other wire type fencing shall be permitted in the front yard.

Use of barbed wire or electrified fencing is prohibited.

A subdivision plat shall be submitted to the City for any new residential, commercial or industrial condominium development, including the conversion of any existing development to the condominium form of ownership. This plat shall meet all standards for subdivision plats. Plats shall be reviewed by the subdivision agent who shall approve the plat provided it meets the provisions of this chapter and the City Subdivision Ordinance.

An approved owners' association shall be established for all condominium projects having individually owned structures or units, and common areas and facilities. The purpose of this association is for the provision of upkeep and maintenance of the common areas, roads and facilities. The subdivision agent shall review the provisions of the association to insure compliance with this section.

Storage containers and buildings shall be considered accessory structures and shall be located in accordance with the standards for accessory structures found in Article III of this chapter.

No vehicle, truck body, manufactured home, mobile home, bus, trailer, recreational vehicle, shipping container or similar equipment shall be used as a storage container of building in any zoning district, except that: