Notwithstanding any other provision of this chapter, but subject to Code of Virginia, § 15.2-2290 et seq., no mobile home may be placed in the town, except in a mobile home park.

(Code 1988, § 9-161.1; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

Any mobile home placed in the town after the date of enactment or amendment of the ordinance from which this division is derived shall meet the following requirements:

(1)

All mobile homes shall meet the plumbing requirements and the electrical wiring and connection, construction, blocking, and anchoring requirements of the state building code and shall display the seal of a testing laboratory approved by the state.

(2)

All mobile homes shall be completely skirted; such that no part of the undercarriage shall be visible to a casual observer, in accordance with methods and materials approved by the zoning administrator.

(3)

All mobile homes shall be supplied with public water and wastewater disposal or such individual service evidenced by permits from the health department.

(Code 1988, § 9-162; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

All mobile home parks shall meet the following minimum area and setback requirements:

(1)

All mobile home parks shall have a minimum area of at least five acres. A minimum of ten spaces shall be completed and ready for occupancy before the first occupancy is permitted.

(2)

The overall density of any mobile home development shall not exceed seven units per net acre. The density of any particular acre within such park shall not exceed eight units per net acre. For density purposes, the term "net acreage" means all land within the development except land in the 100-year flood plain, land needed for the right-of-way width of 90 feet or more, and land dedicated for other non-street public uses.

(3)

No main or accessory building shall be located closer than 25 feet to any property line of a mobile home park.

(Code 1988, § 9-163; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

All mobile home lots shall meet the following requirements:

(1)

The area of any mobile home lot shall not be less than 3,400 square feet. Lot coverage, herein defined as the percentage of the mobile home lot area covered by the mobile home stand and any mobile home accessory structure, driveway, and parking area, excluding patios, shall not exceed 35 percent as an average, 40 percent for a given lot; the minimum area of any site devoted to common open space shall be 5,000 square feet.

(2)

No mobile home or permanent building shall be closer than 20 feet to any mobile home.

(3)

The minimum length of a mobile home lot shall be 85 feet; the minimum width shall be 40 feet. On all lots larger than the minimum, the ratio of length to width shall not exceed 2.2 to 1.0.

(4)

Where laundry facilities are not made available, the rear yard of each mobile home lot shall be provided with a clothesline which shall be exempt from setback and other requirements of mobile home accessory structures.

(5)

A patio of 200 square feet in area shall be provided adjoining each mobile home stand.

(Code 1988, § 9-164; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

All mobile home accessory structures erected or constructed after the date of enactment or amendment of the ordinance from which this division is derived must meet the following requirements:

(1)

All mobile home accessory structures must meet the plumbing, electrical connection wiring, construction, and other applicable requirements of the building code.

(2)

Except in the case of an awning, ramada, or other shade structure, where a mobile home accessory structure is attached to the mobile home unit, a substantial part of one wall of the accessory structure shall be flush with part of the mobile home unit, or such accessory structure shall be attached to the mobile home unit in a substantial manner of means of a roof. All mobile home accessory structures, whether attached or detached, shall be designed and constructed as freestanding structures. No detached mobile home accessory structure, except ramadas, shall be erected closer than 20 feet to a mobile home.

(3)

Mobile home accessory structures, except ramadas, shall not exceed the height of the mobile home.

(4)

No mobile home accessory structure shall be erected or constructed on any mobile home lot except as an accessory to a mobile home.

(5)

Every room in a cabana, herein defined as any habitable mobile home accessory structure, shall have access to at least one exterior door opening without requiring passage through the mobile home; shall be ventilated either by windows capable of opening to the outside with an area five percent of the floor areas, or by a ventilation system capable of producing a change of air in the room every 30 minutes, with at least 20 percent of the air supply taken from the outside; shall have a total glazed area not less than ten percent of the floor area of the cabana; and in the case of attached structures; shall not be constructed adjacent to more than one exterior door in the mobile home, nor to more than one side of the mobile home.

(6)

Awnings and other shade structures, except ramadas, shall conform to the requirements of applicable sections of the building code.

(7)

Where a ramada extends over a mobile home, it shall exceed the height of the mobile home by no more than 36 inches nor less than 18 inches and shall have a clearance of not less than six inches in a horizontal direction from each side of a mobile home. Cross braces, structural ties, or other architectural appurtenances shall not obstruct movement of any mobile home.

(8)

A ramada shall be enclosed or partly enclosed on any side, except that one side may be enclosed when the ramada roof is continuous with the roof of the cabana.

(9)

A ventilation opening of at least 28 square inches in area shall be provided at the highest point in the ramada roof; all chimneys or vents shall extend through the ramada roof and terminate a safe distance above the ramada.

(10)

Porches may be placed adjacent to mobile homes, provided they are constructed in accordance with the provisions of the state building code.

(Code 1988, § 9-165; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

Applicants for mobile home parks shall meet the following special requirements:

(1)

Site plans may be on one or more numbered sheets of 18 inches by 24 inches in size, and shall be legibly drawn at a scale consistent with its purpose.

(2)

The following information shall be required of site plans:

a.

The date of the site plan, the name of the surveyor or engineer preparing it, and the number of sheets comprising the site plan.

b.

The scale and the north meridian, designated "true" or "magnetic."

c.

The name and signature of the owner, and the name of the proposed park; said name shall not closely approximate that of any existing mobile home park or subdivision in the town.

d.

A vicinity map showing the location and area of the proposed park.

e.

The boundary lines, area, and dimensions of the proposed park, with the locations of property line monuments shown.

f.

The names of all adjoining property owners, the location of each of their common boundaries, and the approximate area of each of their properties.

g.

The location and dimensions of all existing streets and street right-of-way, easements, water, sewerage, drainage facilities, and other community facilities and utilities on and adjacent to the proposed park.

h.

All existing significant natural and historical features on or adjacent to the proposed park, including, but not limited to, significant vegetation; lakes, streams, swamps, land subject to flooding, and other waterways; views from the property, and views from adjoining properties that might be affected the proposed park; existing structures; and topographic features shown by contour lines.

i.

Proposed layout, including interior streets with dimensions and such typical street cross sections and center lines profiles as may be required in evaluating the street layout; water, sewer, drainage, and utility lines, facilities and connections, with dimensions shown; location and types of solid waste collection facilities; interior monuments and lot lines, dimensions, and areas of mobile home lots, common open space and recreation areas, common parking areas, and other common areas; locations and dimensions of mobile home stands and parking spaces, management offices, laundry facilities, recreation buildings, and other permanent structures; location and nature of firefighting facilities, including hydrants, fire extinguishers, and other firefighting equipment; location of fuel storage facilities and structure of high flammability; and location and dimensions of landscaping amenities, including street lights, sidewalks, planted areas, significant natural features to be retained, and fencing and screening.

(3)

The site plan shall be accompanied by a narrative statement describing how the standards and requirements set forth herein are to be met; a statement from the health official certifying approval of the proposed site plan; and where appropriate, statements from the town council and the highway engineer certifying approval of the streets and drainage, water and sewer, or utility system layouts by owners.

(Code 1988, § 9-166; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

An internal street system shall be provided to furnish convenient access to mobile home stands and other facilities in the park, shall be designed such that connection to existing drainage and utility systems is convenient, and shall meet the following requirements, in addition to such other reasonable standards and requirements as may be established by the town council:

(1)

All internal streets shall be permanently paved with a durable dust proof, hard surface. Minimum pavement widths shall be 24 feet for streets providing access to 40 or more mobile home stands, and 18 feet for streets providing access to less than 40 mobile home stands. Widths shall be measured from curbface to curbface.

(2)

Dead end streets shall be limited in length to 400 feet, shall be provided with cul-de-sacs with turning areas of not less than 40 feet in radius, or with "T" or "Y" turning areas, and shall provide access to no more than 20 mobile home stands.

(3)

Streets shall be adapted to the topography, shall follow the contours of the land as nearly as possible, and shall have safe grade and alignments. No grade shall exceed 12 percent, or no curve shall have an outside radius of less than 80 feet.

(4)

Driveway entrances to mobile home parks from any public street or road shall conform to the current construction standards of the Virginia Department of Transportation (VDOT).

(Code 1988, § 9-167; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

Off-street parking shall be provided for the use of occupants at the minimum ration of 2.0 car spaces (each space containing a minimum of 180 square feet) for each mobile home. Each off-street parking area shall be paved or graveled and have unobstructed access to either a public or private street. Each mobile home lot shall be equipped with at least one paved or graveled parking space; the remainder of the required spaces may be located not more than 150 feet from the mobile home lot which it serves via the most direct common pedestrian route. However, in the case of a detailed development plan in which it is demonstrated that the purposes of this section and the comprehensive plan will be equally well or better served by clusters or similar groupings utilizing open spaces of unusual topographical conditions, the requirements of parking may be varied so as to eliminate the requirement of having an individual parking space with each mobile home lot; provided, however, that in no case will parking be more than 150 feet from the mobile home lot. On-street parking is prohibited unless the paved street on which the mobile fronts is expanded to accommodate additional parking lanes or parking bays.

(Code 1988, § 9-168; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

All streets, walkways, and parking bays within the mobile home development shall be lightened by a system which consists of:

(1)

A 175-watt mercury light for every 300 linear feet of roadway; or

(2)

A lighting system which supplies at least one-tenth lumen per square foot of roadway, walkway, and parking bay.

(Code 1988, § 9-169; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

After a five-year period, all utilities shall be underground, except control instrumentation and substations which must be screened by planted or ornamental walls. After five years, no overhead wires for distribution purposes shall be permitted within the development.

(Code 1988, § 9-170; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

It shall be the responsibility of the mobile home park to collect or cause to be collected, and to dispose of garbage and rubbish as frequently as may be necessary. Dumpsters may be used with the approval of the Virginia Department of Health (VDOH), but shall be so located as to not be more than 150 feet from any mobile home.

(Code 1988, § 9-171; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

Gasoline, liquified petroleum, gas or oil storage tanks shall be so installed as to comply with all town, county, state and federal fire prevention and protection regulations.

(Code 1988, § 9-172; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

Paved common walks of a width of at least three feet shall be provided on at least one side of all streets, and wherever concentrations of pedestrian traffic can be expected, as between recreational facilities; walks may be incorporated into the street curb. Walk grades shall not exceed ten percent; lights shall be provided sufficient to illuminate steps to a level of at least 0.3 footcandles. Paved individual walks of at least two feet in width shall be provided to connect all mobile home stands with parking spaces or driveways and common walks.

(Code 1988, § 9-173; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

Where mobile home lot sizes are relied on primarily to provide for open space, lots and stands shall be so grouped as to maximize the amount of usable space, while meeting the minimum yard requirements set forth in section 30-667.

(Code 1988, § 9-174; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

The operator of a mobile home park shall keep an accurate register of all tenants occupying mobile homes located in the park. The register shall show the name and permanent residence address of the owner and occupants of any mobile home located in the park; the make and registration of any mobile home; the time and date of arrival and departure; and such other information as might be necessary to provide information about the occupants of the mobile home. These records shall be open to the law enforcement officers and public health officials whose duties necessitate acquisition of the information contained in the register. The register record for each occupant registered shall not be destroyed for a period of three years following the date of departure of the registrant from the park.

(Code 1988, § 9-175; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

Condominiums shall be governed by the Condominium Act, Code of Virginia, § 55.1-1900 et seq.

(Code 1988, § 9-160; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

Proposed conversions, condominiums, and the use thereof, which do not conform to this zoning outline must secure a special use permit prior to conversion, pursuant to division 4 of article II of this chapter.

(Code 1988, § 9-161; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

Townhouses shall be subject to the special zoning regulations in this division.

(Code 1988, tit. 9, ch. 16, intro. ¶; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

Townhouses are permitted in residential zoning districts R-2 and R-3 and in B-1 Business District. In the R-2 zone, townhouses must comply with all the provisions set forth in that district as well as the provisions of this chapter. In the R-3 and B-1 zones, clusters of up to ten townhouse units may be constructed.

(Code 1988, § 9-154; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

Town houses may be erected up to 40 feet in height from the average level of the ground adjacent to the front exterior wall.

(Code 1988, § 9-155; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

Minimum lot area for any townhouse project or development shall be calculated at 1,600 square feet per townhouse but individual townhouses within the project or development may have less square footage than this amount if approved by the town council. The maximum number of units per gross acre of the development shall not exceed ten units per acre.

(Code 1988, § 9-156; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

Wherever a structure containing townhouses is constructed in accordance with the regulations of this chapter and the structure as a whole meets the requirements of this chapter, individual units may be sold without regard to the area requirements of the underlying zoning classification. No such sale of individual townhouses shall be deemed a subdivision.

(Code 1988, § 9-157; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

(a)

Side. Each townhouse group shall have minimum side yards of 15 feet. In the case of townhouse projects of two or more groups the minimum distance between groups of structures shall be 30 feet.

(b)

Front. Front setback shall be as established in the various zones where townhouses are permitted.

(c)

Rear. The rear yard requirements shall be as set forth in the various zones where townhouses are permitted.

(d)

Corner. Corner lots shall provide a yard equal to the front yard on each street.

(Code 1988, § 9-158; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

(a)

Common areas. If a townhouse development includes common areas in addition to the townhouse lots, the common areas shall be maintained by and be the sole responsibility of the developer-owner of the townhouse development until such time as the developer-owner conveys such common area to a nonprofit corporate owner whose members shall be all of the owners of the townhouses in the townhouse development. This land shall be conveyed to and be held by said nonprofit corporate owner solely for recreational and parking purposes of the owners of the individual townhouse lots in the development. In the event of such conveyance by the developer-owner to a nonprofit corporate owner, deed restrictions and covenants, shall provide, among other things, that any assessments or charges for cost of maintenance of such common areas shall constitute a pro-rata lien upon the individual townhouse lots. Maintenance of townhouse exteriors, lawns, special lighting and drainage shall be provided in a manner so as to discharge any responsibility of the town.

(b)

Parking. Required off-street parking spaces of at least two spaces per townhouse shall be provided on the individual lots or within a common area maintained by the nonprofit corporate association, or by the developer, as provided in subsection (a) of this section. Front yard parking areas are prohibited unless waived in writing by the planning commission. Reference is made to article VIII of this chapter for further details as to parking.

(c)

Common wall architectural treatment. Common walls enclosing attached townhouse units shall be of noncombustible construction or other approved assembly of materials giving a minimum fire resistance as required by the statewide building code or if no such requirement is in such code, then of not less than two hours duration.

(Code 1988, § 9-159; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

The intent of this section is to permit and regulate the operation of short-term rentals, as defined in section 30-9, in appropriate locations throughout the town in an effort to stimulate economic development and tourism. These supplemental regulations are in addition to requirements under the district regulations as to whether a short-term rental must be owner-occupied. The provisions herein relating to short-term rentals shall apply to any dwelling, or portion thereof used as a short-term rental. For the purposes of this division, short-term rentals shall not be considered a home occupation.

(Code 1988, § 9-233; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020; Ord. of 10-10-2020)

Short-term rentals shall be allowed only in compliance with the provisions in this division.

(Code 1988, § 9-233; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020; Ord. of 10-10-2020)

The operator of a short-term rental must acquire an annual business license. Each dwelling unit used as a short-term rental shall constitute a separate definite place of business for the purpose of chapter 22, and operators are therefore required to obtain separate business licenses for each such dwelling unit. Failure to obtain a business license may result in revocation of the zoning permit to operate a short-term rental.

(Code 1988, § 9-233; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020; Ord. of 10-10-2020)

For owner-occupied short-term rentals, proof of residency is required prior to the issuance of a business license and shall be kept on file with the town. Proof of residency may be established by the presentation of a valid state driver's license, valid state identification card, or valid voter registration card with a name and address matching the tax records of the proposed owner-occupied short-term rental. If the property is owned by a business, additional documentation confirming principal ownership of said business may be required at the discretion of the town manager or designee.

(Code 1988, § 9-233; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020; Ord. of 10-10-2020)

The operator of a non-owner-occupied short-term rental shall designate a local property representative. The representative shall be available to respond within one hour to complaints regarding the condition, operation, or conduct of occupants of the short-term rental. The name, address, and telephone contact number of the property owner and the local property representative shall be kept on file with the town.

(Code 1988, § 9-233; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020; Ord. of 10-10-2020)

Off-street parking shall be provided in accordance with article VIII of this chapter, unless a modification is granted by the zoning administrator in accordance with the provisions of division 1 of article II of this chapter.

(Code 1988, § 9-233; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020; Ord. of 10-10-2020)

(a)

No food shall be prepared for or served to guests, so as to distinguish short-term rentals from bed and breakfast establishments.

(b)

A fire extinguisher shall be provided and visible in all kitchen and cooking areas.

(c)

Smoke detectors and carbon monoxide detectors shall be installed in all locations as required by the uniform statewide building code.

(d)

Emergency information must be conspicuously posted inside the property, including contact information for the local property representative.

(Code 1988, § 9-233; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020; Ord. of 10-10-2020)

The operator shall provide an informational packet available to occupants. The information packet shall include, at a minimum, maximum occupancy, location of off-street parking, references to applicable noise and use restrictions, guidelines for trash storage and removal, evacuation routes in case of fire or emergency, and local property representative information.

(Code 1988, § 9-233; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020; Ord. of 10-10-2020)

Prior to the operation of a short-term rental in any new or existing structure, the operator shall apply for and obtain a zoning permit. Such application shall be on a form as provided in division 1 of article II of this chapter, shall include a certification that the operator has read and shall comply with the requirements of this division.

(Code 1988, § 9-233; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020; Ord. of 10-10-2020)

Any short-term rental which is allowed only by special use permit shall be conditioned upon compliance with the town's noise ordinance, article II of chapter 10.

(Code 1988, § 9-233; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020; Ord. of 10-10-2020)

Such special use permit may be revoked by the town council, after notice and a public hearing as provided by law, for noncompliance with the terms or conditions of such special use permit, including, without limitation, three violations of the noise ordinance within a 12-month period.

(Code 1988, § 9-233; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020; Ord. of 10-10-2020)

(a)

It is the purpose of this division to:

(1)

Facilitate the orderly development of structures which are needed to provide wireless telecommunications services;

(2)

Encourage the location of such structures in areas whose character would not be affected by the structures;

(3)

Encourage the joint use of new and existing towers and minimize the total number of towers throughout the town; and

(4)

Encourage the configuration of such structures in a way that minimizes the burdens created by them.

(b)

Furthermore, it is the purpose of this division to treat providers of functionally equivalent services in a reasonably like manner and to provide adequate sites for the provision of telecommunications services throughout the town. In enacting this division, no attempt has been made to address the environmental effects of radio frequency emissions.

(Code 1988, § 9-227; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

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

Antenna means a structure or device used to collect or radiate electromagnetic waves.

Height of telecommunications tower or telecommunications antenna means, for purposes of this division, the height of an antenna is the distance between the finished grade of the ground nearest the antenna and the tallest point of the antenna. For purposes of this division, the height of a telecommunications tower is the distance between the finished grade of the ground nearest the telecommunications tower and the tallest point of the telecommunications tower or any antenna mounted on the tower, whichever is higher.

Telecommunications antenna means an antenna used to provide "telecommunications service," as that term is defined in 47 USC 153. The term "telecommunications antenna" does not include any antenna which solely services a radio station operated by a duly authorized person interested in radio technique solely with a personal aim and without pecuniary interest.

Telecommunications tower means a structure used primarily for the purpose of supporting one or more telecommunications antennas.

(Code 1988, § 9-228; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

In ruling on special use permits for telecommunications towers or antennas under division 4 of article II of this chapter, the council will not consider the effects of radio frequency emissions, if there be any. The council will consider the character of the neighborhood, conformity with the comprehensive plan, the guidelines of this section, the purposes of this division, the public's need for the facility, and any other issues bearing on the propriety of the application.

(1)

Separation from adjacent properties.

a.

Subject to subsection (1)b of this section, telecommunications antennas should be separated from other parcels zoned R-1, R-2, or R-3 by a distance not less than three times the antenna height, from other parcels zoned B-1 or B-2 by a distance not less than twice the antenna height, and from other parcels carrying any other zoning classification by a distance not less than the antenna height.

b.

If the antenna is mounted on a structure other than a telecommunications tower, it need not comply with subsection (1)a of this section if its height is no more than 110 percent of the height of the structure on which it is mounted.

(2)

Co-location. All telecommunications towers over 75 feet in height should be designed and built to accommodate a minimum of three or more telecommunications antennas. The owner of the tower must certify to the town that the tower is available for use by other telecommunications service providers on a reasonable and nondiscriminatory basis.

(3)

Height. All telecommunications towers should be designed and built so that they are as short as possible.

(Code 1988, § 9-229; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

No signs, lettering, symbols, images, or trademarks shall be placed on or affixed to any part of any telecommunications antenna or telecommunications tower, other than as required by FCC regulations or other applicable law.

(Code 1988, § 9-230; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

All telecommunications tower applications shall include a complete and accurate inventory and map of the applicant's and other known existing and proposed telecommunications towers and other structures on which a telecommunications antenna could be located or co-located within five miles of the proposed telecommunications tower.

(Code 1988, § 9-231; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

Any telecommunications antenna or telecommunications tower that is not operated for a continuous period of 24 months shall be considered abandoned, and its owner shall remove it within 60 days' notice from the town, at the owner's expense.

(Code 1988, § 9-232; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

This division allows for the establishment of certain temporary uses of limited duration, provided that such uses are not detrimental to the adjacent land, and provided that such uses are discontinued upon the expiration of a set time period.

(Ord. of 10-15-2024, § 2)

(a)

The following temporary uses are allowed within the B-1 business district, subject to all supplemental regulations and in accordance with the following timeframes:

(1)

Mobile food unit. In place less than 30 days per calendar year.

(2)

Farmer's market. Operate on a regularly occurring basis for up to five months per year per site.

(3)

Temporary storage. In a portable storage container. In place less than 30 days per calendar year.

(4)

Off-site activities for new construction. Only in connection with an active building permit which, in the determination of the zoning administrator, is being diligently pursued.

(5)

School uses and facilities. Unlimited.

(b)

The following temporary uses are allowed within the M-1 industrial district, subject to all supplemental regulations and in accordance with the following timeframes:

(1)

Mobile food unit. Unlimited.

(c)

The following temporary uses are allowed within the R-3 residential district, subject to all supplemental regulations and in accordance with the following timeframes:

(1)

Off-site activities for new construction. Only in connection with an active building permit which, in the determination of the zoning administrator, is being diligently pursued.

(Ord. of 10-15-2024, § 2)

(a)

Prohibited temporary uses. This division shall not be construed to allow temporary uses generally within the town unless such uses as expressly permitted. Without limitation, the following temporary uses are prohibited in all zoning districts:

(1)

Retail sales or display of goods, products, or services within the public right-of-way except as part of an authorized not-for-profit, special, or town-recognized event.

(2)

Except as part of a permitted seasonal sale or a food truck permitted by the town, retail sales or display of goods, products, or services from a motor vehicle, trailer, or shipping container.

(b)

Exempted temporary uses. Except for the prohibition in subsection (a) above, the requirements of this division shall not apply to uses that are permitted "by right" under the district regulations of the applicable zoning district.

(Ord. of 10-15-2024, § 2)

Unless expressly exempted hereunder, all temporary uses and structures must first obtain a temporary use zoning permit, which may be submitting an application in such form as may be developed by the zoning administrator, together with a scaled site sketch detailing the location of the use and any temporary structures or facilities associated with the use, and such application fee as may be adopted by the town council, if any. A temporary use permit shall be reviewed and approved only upon a finding that the use is in accordance with all provisions of the zoning ordinance, including any general standards and supplemental standards set forth within this division.

(Ord. of 10-15-2024, § 2)

All temporary uses and structures must comply with the following general standards:

(1)

Obtain a temporary use zoning permit from the town.

(2)

Not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare.

(3)

Be compatible with the principal uses taking place on the property, if any.

(4)

Not cause substantial adverse effects or noise impacts on any adjoining permanent uses or nearby residential neighborhoods.

(5)

Meet all the setbacks of the underlying base and overlay zoning districts, unless expressly stated otherwise in this division.

(6)

Be located on a property or contiguous properties with sufficient land area to allow the temporary use, structure, or special event to occur, as well as adequate land to accommodate the parking and traffic movement associated with the temporary use, without disturbing environmentally sensitive lands.

(7)

The zoning administrator may impose additional conditions to ensure that the potential impacts of the proposed temporary use are mitigated and public health, safety, and welfare are protected.

(8)

The property must be returned to its original condition upon the cessation of the temporary use.

(Ord. of 10-15-2024, § 2)

(a)

Mobile food units.

(1)

Mobile food units must have applied for and obtained a food truck license from the town treasurer.

(2)

Mobile food units must at all times during operation possess a valid and unrescinded signed letter from the owner of the property stating that the owner has given permission for the mobile food unit to operate in a specific location during a specific time period.

(3)

Mobile food units shall not operate on vacant or unimproved properties, unless the property is owned or leased by the town and permission has been granted by the town.

(b)

Farmer's market.

(1)

Be limited to no more three days per week unless a lesser number is specified by the zoning administrator pursuant to subsection 30-800(7).

(2)

Be limited to the retail sale of farm products, garden produce, horticulture products, and handcrafted food, drinks, and other handcrafted products.

(3)

Have adequate ingress, egress, and off-street parking areas to accommodate vendors and patrons.

(c)

Temporary storage. Temporary storage in a portable storage container shall be permitted to serve an existing residential use on the property or an adjacent property, subject to the following standards:

(1)

Containers shall be fully enclosed and shall not exceed 20 feet in length;

(2)

Containers shall not be located within five feet of any lot line;

(3)

Containers shall not encroach into public right-of-way or adjacent properties; and

(4)

Containers shall not be located on an individual parcel or site for more than 14 consecutive days per site per calendar year.

(d)

Off-site activities for new construction.

(1)

Temporary construction-related activities for new construction that is occurring within the town, including construction offices, storage buildings, outdoor storage, and employee parking areas, that are not located upon the same parcel upon which construction is occurring.

(2)

All temporary uses and structures authorized under this subsection must be in connection with an active building permit which, in the determination of the zoning administrator, is being diligently pursued.

(3)

All temporary uses and structures authorized under this subsection must be removed within 30 days after issuance of a certificate of occupancy.

(Ord. of 10-15-2024, § 2)