(a)

Applicability of section. For purposes of this chapter, and unless specifically prescribed to the contrary elsewhere in this chapter, certain words and terms shall be interpreted as set forth in this section. Words and terms not defined here or elsewhere in this chapter shall be interpreted in accordance with such normal dictionary meaning or customary usage as is appropriate to the context.

(b)

General rules. The following general rules of interpretation shall apply throughout this chapter as they are appropriate to the context:

(1)

Words used in the present tense include the future tense, words used in the singular number include the plural number and words in the plural number include the singular number, unless the obvious construction of the wording indicates otherwise.

(2)

The word "shall" is mandatory; "may" is permissive.

(3)

Unless otherwise specified, all "distances" shall be measured horizontally and at right angles to the line in which the distance is tied and shall be the shortest distance between the points for which the distance specified.

(4)

The word "building" includes the word "structure" and includes any part thereof; the word "lot" includes the words "plots" and "parcel".

(5)

The terms "main" and "principal" are synonymous.

(6)

The word "used" shall be deemed also to include: "intended, designed or arranged to be used," "occupied," "erected," "reconstructed," "altered," "placed," or "moved".

(7)

The terms "land use" and "use of land" shall be deemed also to include: "building use" and "use of building".

(8)

The word "state" or "commonwealth" means the Commonwealth of Virginia.

(9)

The word "town" means the Town of Dumfries, Virginia.

(10)

The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.

(c)

Certain words and terms defined. The following words and terms shall be interpreted as having such meaning as described herein, unless a specific meaning to the contrary is indicated elsewhere in this chapter:

Abutting/adjoining. Having a common point or border but not overlap; having property or district lines in common. Properties separated from such a common border by a public street shall be deemed adjacent but not be deemed abutting. Properties separated by an alley, right-of-way, or easement shall be deemed to abut.

Accessory structure/building. A subordinate structure located on the same lot as the principal structure and is customarily incidental to the principal structure. Where such building or structure is attached to a principal building, it shall be considered as part of the principal building.

Accessory use. A use of a nature customarily incidental and subordinate to the principal use and, unless otherwise specifically provided, on the same lot.

Acre. A measure of land equating to 43,560 square feet.

Acreage. A parcel of land, regardless of area, described by metes and bounds and which is not a numbered lot on any recorded subdivision plat.

Addition. Any construction which increases the size of a building or structure.

Adjacent. Nearby and not necessarily contiguous; being separated only by street, right-of-way or other like feature.

Administrator. See "Zoning administrator."

Adult bookstore, newsstand, video store or combination. An establishment having as a substantial portion of its stock-in-trade, floor area, or display area used for the sale or rental of books, magazines, publications, tapes, or films that are distinguished or characterized by the emphasis on sexually oriented material depicting, describing, or relating to sexual activities or anatomical genital areas.

Adult day care center. A facility which provides supplementary care and protection during part of the day to four or more aged, infirm or disabled adults who reside elsewhere, except a facility or portion of a facility licensed by the state board of health or department of mental health, mental retardation and substance abuse services.

Agriculture. The tilling of the soil, the raising of crops, and the practicing of horticulture, forestry, and gardening, including the keeping of animals and fowl.

Alley. A right-of-way or means of passage open to the public and located to the side or rear of abutting lots allowing for secondary vehicular service access.

Allowable parking surface materials. Pavement of concrete, asphalt, or paving stones.

Alteration. Any change in the total floor area, use, adaptability or external appearance of an existing structure including any change or rearrangement in the supporting members of a structure, such as bearing walls, columns or beams, or additions or reductions in usable space, but not including superficial changes such as paint colors or siding materials.

Amend or amendment. Any repeal, modification or addition to a regulation; any new regulation; any change in the number, shape, boundary area of a zone; or any repeal or abolition of any map or part thereof.

Amusement enterprise. A building or structure used to provide or stage public entertainment for which a charge is imposed in the form of an entrance fee or separate fees for the use of amusement devices therein.

Amusement parlor or arcade. An establishment or part thereof or place of business which is open to the public, whether operated independently or in conjunction with any other licensed business, wherein tables, machines or electronic devices are provided for use by the public, either on a coin in the slot principle or otherwise to play pool, billiards, foozball, air hockey, pinball, or other similar types of games, using balls, disks, images projected on screens or other similar devices.

Antique shop. A place offering antiques for sale. An antique, for purposes of this chapter, shall be a work of art, piece of furniture, decorative object, or the like, of or belonging to the past.

Apartment. A dwelling unit in a multifamily dwelling or apartment house; a multiple family dwelling unit.

Apartment building. A multifamily structure intended, arranged or designed to be occupied by three or more families, each in an individual dwelling unit and living independently of each other. The number of families in permanent residence shall not exceed the number of dwelling units provided.

Applicant. A person seeking any determination or approval under or permit required by this chapter.

ARB. The Dumfries Architectural Review Board.

Architect, registered. A licensed professional architect registered in the Commonwealth of Virginia by the Department of Professional and Occupational Registration as an architect.

Art gallery. A place for display or a retail facility for finished art materials, including paintings, statutes, tapestries, ceramics, or other art objects.

Assembly plant. A structure used for the fitting together of parts or components to form a complete unit.

Assisted living facility. An establishment that provides shelter and other services, which may include meals, housekeeping and personal care assistance for elderly residents who are typically functionally impaired, but otherwise in good health and able to maintain a semi-independent lifestyle, not requiring the more intensive care of a nursing home.

Attic. The space between the ceiling beams of the top habitable story and the roof rafters. An "attic" shall be considered a half-story and shall be included in the calculation of building height.

Automobile graveyard. Any lot or place which is exposed to the weather upon which there are more than two motor vehicles of any kind, not operable and not licensed, and where the cost of restoring such automobile to running condition is the same or more than the value placed on such vehicles for tax purposes.

Automobile recycling business. A business which acquires motor vehicles for the purpose of storing and dismantling the same for resale of dismantled or crushed vehicles, component parts or for selling the basic materials from the salvaged vehicles.

Auto parts and accessory sales. The use of any building for inside display and sale of new or refurbished parts for motor vehicles.

Auto rental. Renting of automobiles and light load vehicles.

Auto sales, new. A franchised agency selling new motor vehicles and providing services commonly associated with motor vehicle sales. A new automobile dealership may include the sale of used motor vehicles as a permitted use.

Auto sales, used. An agency selling used motor vehicles not in conjunction with nor on the same site as a new motor vehicle franchise, and providing services commonly associated with motor vehicle sales.

Bank. See "Financial institution."

Basement. A story having part, but not more than one-half, of its height below the highest grade. A basement shall be counted as a story for the purpose of height regulations.

Bed and breakfast inn. An owner or operator-occupied, single-family detached dwelling unit which contains no more than one kitchen and ten or less guest rooms, which are occupied for sleeping purposes by guests, other than temporary personal guests of a family in a dwelling unit, none of whom remain any more than seven consecutive nights, for compensation with or without meals. The term "bed and breakfast" shall not be deemed to be used for transient occupancy. A "bed-and-breakfast home" shall also be known as a "tourist home".

Berm. A landscaped earthen mound intended to screen, buffer, mitigate noise and generally enhance views of parking areas, storage areas or required yards particularly from public streets or adjacent land uses.

Best management practices (BMPs). Methods that are determined by the state to be the most effective and practical means of preventing or reducing the amount of pollution generated by nonpoint sources to a level compatible with established water quality goals.

Block. That property fronting on one side of a street and lying between two intersecting streets or otherwise limited by railroad right-of-way, a stream, unsubdivided tract or other physical barrier of such nature as to interrupt the continuity of development.

Board. The Board of Zoning Appeals for the Town of Dumfries.

Boardinghouse. A building arranged or used for lodging for compensation, with or without meals, and not occupied as a single-family unit.

Boat dock, private. A dock or wharf for private use to which a boathouse or other structure is not attached.

Boathouse. A structure for not more than five boats, designed and intended for use by boat owners in the general neighborhood, but with no commercial facilities.

Boat ramp. Any structure, public landing or natural decline, used for the ingress and egress of any boat, ship, or other nautical vessel.

Bond. A surety issued by a recognized financial institution, an unrestricted letter of credit issued by a bank or other financial institution, or other evidence of financial ability to ensure compliance, any of which is acceptable to the town.

Boundary line adjustment. The minor alteration of the boundary between two lots or tracts which does not result in the creation of any additional lot(s).

Buffer area. An area intended to separate and partially obstruct the view of two abutting land uses or properties from one another. The buffer area is intended to remain free of buildings, structures, or parking areas, and to be either landscaped; landscaped in combination with existing trees; contain a conservation area; or contain fences, walls or earth berms in combination with the above.

Buffer, riparian. An area of natural or established vegetation managed to protect other components of a resource protection area and state waters from significant degradation associated with land disturbances.

Building. A structure having one or more stories and roof, designed primarily for the shelter, support, or enclosure of persons, animals, or property of any kind. The word "building" is included within the word "structure".

Building capacity. The seating capacity of a structure or the total number of occupants for which the structure was designed shall be the maximum which can be accommodated on the premises.

Building code. The Virginia Uniform State-wide Building Code.

Building height. The vertical distance measured from the adjoining curb grade to the highest point of the roof surface, if a flat roof; to the deck line of a mansard; and to the mean height level between eaves and ridge for a gable, hip, or gambrel roof. Where buildings are set back from the street line, the height of the building shall be measured from the average elevation of the finished grade along the front of the building.

Building official. An appointed official of the town who is responsible for certifying building inspections.

Building permit. An official document or certificate issued by the building official to authorize construction of a building for a permitted use in any designated zone.

Building restriction line (BRL). The line established beyond which a building shall not extend, except as specifically provided by this chapter. For purposes of this chapter, building restriction lines and setback lines applicable to buildings are not interchangeable.

Building setback line. The line which is the minimum distance between a property line, right-of-way, or protected feature and that establishes the area within which the principal structure must be erected or placed.

Building site. A piece of land, consisting of the minimum area of required square footage of the zoning district where it is located, where a permitted use or structure may be placed.

Bulk storage. The storage of large quantities of materials.

Business, wholesale. Business establishments that generally sell commodities in large quantities or by the piece to retailers, jobbers, other wholesale establishments, or manufacturing establishments. These commodities are basically for further resale, for use in the fabrication of a product, or for use by a business service.

Cafe. An eating establishment that seats 75, or fewer customers who are primarily served at tables, or are self-served, where food is consumed on the premises, and which does not have a drive-through window; carry-out trade, if any, shall be a limited portion of the business.

Caliper. A measurement of the diameter of a tree trunk taken at four and one-half feet above the soil line. Also known as diameter at breast height (DBH).

Campground. An area upon which are located sites for two or more trailers, campers, tents, and other camping facilities or shelters for seasonal or temporary recreational occupancy.

Camping unit. A dwelling unit, whether or not equipped with wheels, so designed as to be intermittently movable from place to place over the highway, whether towed, self-propelled, or carried upon another vehicle.

Carnival. A traveling enterprise offering amusements.

Carport. A roofed space having one or more sides open to the weather, primarily designed or used to park motor vehicles, attached to the main dwelling. In no case shall a carport be located in any required front yard.

Carry-out. See "Restaurant, carry-out."

Cellar. Underground area which has one-half or more of its clear height below the average grade of the adjoining ground.

Cemetery. Any land or structure used or intended to be used for the interment of human or animal remains.

Certificate of occupancy. An official certificate issued by the town through the building official which indicates conformance with the zoning regulations and building codes and which authorizes legal use of the premises for which it is issued.

Church or place of religious worship or assembly. A place of worship or assembly, the primary use of which is for the assembly of people to participate in or hold religious services or other related religious activities, The term "church" shall not carry a secular connotation and shall include any building used for religious services by any denomination.

Circuit court. The Circuit Court of Prince William County.

Club, private. Those associations and organizations of a fraternal or social character not operated or maintained for profit, but the term shall not include nightclubs or other institutions operated as a business.

Cluster development. A type of development that allows the reduction of lot sizes below this chapter's minimum requirements if the land thereby gained is preserved as permanent open space for the development.

Commercial parking. An off-street parking lot or structure, available to the public for compensation, but may also be used to accommodate employees, customers and clients.

Commercial vehicle. Any vehicle with a gross vehicle weight registered with the Virginia Department of Motor Vehicles or any other state or government agency as 10,100 pounds or more and used for commercial purposes; or any vehicle, regardless of capacity, which displays advertising thereon or which is licensed as a "for hire" vehicle; or any limousine used as a common or contract carrier. For the purpose of this chapter, commercial vehicles shall not be deemed to include any of the following: police vehicle, emergency vehicle, commuter van, motor home, camping trailer, tent trailer, boat trailer, or similar recreational equipment used as personal property and not for hire, school van or school bus.

Commission. The Planning Commission of the Town of Dumfries.

Common open space. All open space within the boundaries of a planned development designed and set aside for use by all residents of the planned development or by residents of a designated portion of the planned development and not dedicated as public lands.

Communications facilities, private. Any land area, structure, and equipment affixed to land or structures, singly or in any combination, used in telephone, telegraph, radio or television operations, or other operations involving the transmitting, receiving or exchanging of information over wires, cables, fibers, light beams or by energy signals through the atmosphere; where such use is only for the personal and nonmercantile use of the residents of four or fewer dwelling units, such as receiving antennae, receiving disks, ham radio and citizen's band transmitters, and similar activities customarily considered accessory to a residential use.

Communications facilities, public. Any land area, structure, and equipment affixed to land or structures, singly or in any combination, used in telephone, telegraph, radio or television operations, or other operations involving the transmitting, receiving or exchanging of information over wires, cables, fibers, light beams or by energy signals through the atmosphere; where without regard to actual ownership, such use is for any purpose other than private use as defined by this chapter in the term "private communications facilities."

Comprehensive plan. The comprehensive plan for the Town of Dumfries, Virginia including those maps, plats, charts, and descriptive matter that have been formally adopted by the town council and as amended.

Comprehensive sign plan. A graphic representation, with sign specifications, detailing a plan of all signage proposed for a particular structure, lot, or development.

Concrete or asphalt plant. A permanent or temporary manufacturing facility for the production of concrete products or asphalt.

Conditional use. A use provided for, which by its nature, can have undue impact upon other uses of land within a given zoning district with controls, limitations, and regulations of a conditional use permit.

Conditional use permit. A permit granted by the council for a use allowed as a conditional use in a designated district after evaluation of the impact and compatibility of such use; such permit shall stipulate such conditions and restrictions, including any such conditions contained in this chapter, as will insure the use being compatible with the neighborhood in which it is to be located; or, where that cannot be accomplished, shall deny the use as not in accord with adopted plans and policies or as being incompatible with existing uses or development permitted by right in the area.

Condominium. A system of separate ownership of individual units in a multiple unit building or development of residential, commercial, or industrial use; all owners have a right in common to use the common elements of the building or development with separate ownership confined to the individual units as provided for under Code of Virginia, § 55-79.39.

Conservation easement. An easement granting a right or interest in real property for retaining land or water areas predominantly in their natural, scenic, open, or wooded condition.

Consolidation. The removal of common lot lines between contiguous parcels.

Continuing care retirement community. A housing development designed to provide a full range of accommodations for older adults (55 years of age or older), including independent living, assisted living and skilled full-time nursing or medical care. Residents may move from one level to another as their needs change.

Contractor or tradesman. Building or service industry contractors, including, but not limited to; plumbing, heating, air conditioning, carpentry, electrical, masonry, and metal working.

Convenience store (with or without gasoline sales). A retail establishment with less than 5,000 square feet in floor area selling food products, beverages, and a limited selection of household items to customers who purchase only a few items (and possibly gasoline, if pumps are provided). Does not include or offer any motor vehicle repair services.

Copy or printing shop. An establishment which reproduces, in printed form, individual orders from a business, profession, service, industry or government organization and occupies less than 4,000 square feet.

Corner lot. See "lot, corner".

Court. An open, unoccupied space, other than a yard, with a building or group of buildings which is bounded on two or more sides by such building or buildings and every part of which is clear and unobstructed from its lowest point to the sky.

Coverage. The area of a lot occupied by structures, off-street parking, driveways, outside storage, or any other improvements not considered open space.

Craft beverage production establishment. A facility, licensed in accordance with Title 4.1 of the Code of Virginia, as amended, in which beer, wine, cider, mead, distilled spirits, or other similar beverages are brewed, fermented, or distilled in quantities not to exceed 15,000 barrels of beer, or 36,000 gallons of distilled spirits, wine, cider, or mead annually. Establishments exceeding the above production quantities shall be deemed a food and beverage manufacturing, production and processing establishment.

Creek or stream. A body of water having continuous flow through or in the town.

Cul-de-sac. The circular turnaround at the end of a dead-end street.

Cultural arts, entertainment and events. An establishment that produces or provides space for banquets, events, performances, exhibits or receptions for the purpose of leisure and entertainment. The sale of tickets for admission to an activity or event on the premises during or immediately prior to the event is not permitted.

Dancing school. Any place, however designated, operated for the purpose of providing instruction in the art of dancing for compensation to two or more individuals during any part of the day.

Day care center. Any facility operated for the purpose of providing care, protection and guidance to two or more children under the age of 13 in a facility that is not the residence of the provider or of any of the children in care, or 13 or more children at any location.

Dedication. The transfer of property by the owner to another party. Transfer shall be conveyed by written instrument; is often for a specific use such as roads and utilities.

Deed. A legal document conveying ownership of real property.

Density. A unit of measurement; the number of dwelling units per acre of the total land to be developed.

Development. Any manmade change to improved or unimproved real estate, including, but not limited to; buildings or other structures, the placement of manufactured homes, streets, and other paving, utilities, filling, grading, mining, dredging or drilling operations. This term refers to the establishment of a principal use on a site; a change in a principal use of a site; or the improvement or alteration of a site by construction, enlargement, or relocation of a structure, the provision of stormwater management or roads, the grading of existing topography, the clearing or grubbing of existing vegetation, or any other nonagricultural activity that results in a change in existing site conditions.

District. A portion of the territory of the town in which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.

Dock. Any waterfront structure, commercial or private, used for the purpose of mooring, or storing any boat, ship, or nautical pleasure craft or vessel.

Driveway. A private roadway providing access or movement within or from a lot to a public street or highway.

Dump heap (trash pile). Any area where trash, garbage, or other waste or scrap material is dumped or deposited without being covered by soils or other materials at a sanitary landfill.

Dumpster. A movable container holding two cubic yards or more of garbage, refuse or rubbish.

Duplex shall mean a building containing two dwelling units with not more than one family occupying each dwelling unit.

Dwelling. A building or portion thereof designed or used for residential occupancy. The term "dwelling" shall not be construed to mean motel, hotel, rooming house, boarding house, hospital, or other accommodation used for more or less transient occupancy.

Dwelling, multiple family. A structure arranged or designed to be occupied by three or more families, the structure having three or more dwelling units.

Dwelling, single-family. A structure arranged or designed to be occupied by one family, the structure having only one dwelling unit.

Dwelling, single-family attached. A group of two or more single-family dwelling units which are joined to one another by a common party wall, a common floor-ceiling and/or connecting permanent structures such as breezeways, carports, garages or screening fences or walls, whether or not such group is located on a single parcel of ground or on adjoining individual lots. Each unit shall have its own outside entrance(s); architectural facades or treatment of materials shall be varied from one group of units to another; and no more than three abutting units in a row shall have the same front and rear setbacks, with a minimum setback offset being one foot. Dwellings such as a semi-detached, garden court, patio house and townhouse shall be deemed a single-family attached dwelling.

Dwelling, single-family detached. A single-family dwelling unit which is entirely surrounded by open space or yards on the same lot.

Dwelling, two-family. A structure arranged or designed to be occupied by two families, the structure having only two dwelling units (also known as a duplex).

Dwelling unit. A single unit providing complete, independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking, and sanitation. A dwelling unit shall have no more than one kitchen.

Easement. A grant of one or more of the property rights by the owner to, or for the use by, the public, a corporation, or another person or entity.

Egress. The place means or the way by which pedestrians and vehicles shall have a safe, adequate and usable exit to a property or use.

Engineer, registered. A person who is registered with the state board of architects, professional engineers, land surveyors and certified landscape architects as a professional engineer.

Equipment, penthouse. A structure on the roof of a building containing necessary mechanical equipment, elevator equipment, and/or stairways.

Facade. Any separate face of a building that is visible from a street, alley, or right-of-way.

Family. An individual or two or more persons related by blood, marriage, adoption, or guardianship living together as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking and eating facilities or not more than four persons living together as a single nonprofit housekeeping unit, not related by blood, marriage, adoption or guardianship and sharing common living, sleeping, cooking, and eating facilities.

For purposes of this definition, not more than eight unrelated mentally ill, mentally retarded, or developmentally disabled persons, with one or more resident counselors or other staff persons, occupying a residential facility for which the Department of Mental Health, Mental Retardation and Substance Abuse Services of the Commonwealth of Virginia is the licensing authority pursuant to the Code of Virginia, shall be considered residential occupancy by a single-family. Mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in Code of Virginia, § 54.1-3401, as amended.

The term "family" shall also include not more than eight handicapped persons, as defined by the Federal Fair Housing Act, occupying a single-dwelling unit, together with one or more resident counselors or other staff persons.

The term "family" shall not be deemed to include a fraternity, sorority, club or a group of persons occupying a hotel, motel, tourist home, lodging house or institution of any kind, except as specifically included by this definition.

Family day home. A child care program offered in the residence of the provider or the home of any children in care for one through 12 children under the age of 13, exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation. No family day home shall care for more than four children under the age of two, including the provider's own children and any children who reside in the home, unless the family day home is licensed or voluntarily registered.

Farmer's market. Retail of fresh fruit and vegetables, and other food and related items, at a facility with spaces occupied by several different temporary tenants on a short-term or daily basis; may be indoor or outdoor; this term does not include roadside stands.

Financial institution. Any establishment, the primary business of which is concerned with such state regulated activities as banking, savings and loans, and consumer loan companies.

Flood. A general and temporary inundation of normally dry land areas by water.

Flood, 100-year. A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one percent chance of occurring each year, although the flood may occur in any year).

Floodplain. A relatively flat or low land area, adjoining a river, stream or watercourse, which is subject to partial or complete inundation, or an area subject to the unusual and rapid accumulation of runoff of surface waters from any source.

Flood-prone area. Any land area susceptible to being inundated by water from any source.

Floodway. The designated area of the floodplain required to carry and discharge floodwaters of a given magnitude. For the purpose of this chapter, the floodway shall be capable of accommodating a flood of the 100-year magnitude.

Floor area. The sum of the gross horizontal areas of the several floors of the building or buildings on a lot, measured from the exterior faces of exterior walls or from the centerline of party walls separating two buildings.

Florist shop. An establishment for the display and retail sale of flowers, small plants and accessories.

Food store. A retail facility of 5,000 square feet or more of floor area primarily engaged in the sale of food stuffs and related materials for off-premises preparation and consumption.

Frontage. The distance for which the front boundary line of the lot and the street line are coincident.

Funeral home. A building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation.

Furniture/home furnishing store. This group includes retail stores selling goods for furnishing the home.

Gaming facility. An establishment licensed by the Commonwealth of Virginia offering all wager-oriented gaming activities, pari-mutuel wagering, off-track betting, computerized-based wager-oriented gaming, an/or other wager-oriented gaming activities. The provision of food, beverages, and alcoholic beverages for consumption on the premises, entertainment, and secondary retail are permitted accessory uses.

Garage, parking. A building or portion thereof, other than a private garage, designed or used for storing of motor vehicles.

Garage, private. An accessory building designed or used for the storage of private automobiles owned and used by the occupants of the building to which it is accessory with no facilities for mechanical service or repair of a commercial or public nature.

Garage, public. A principal or accessory building other than a private garage, used for parking or temporary storage of passenger automobiles, and in which no service shall be provided for remuneration.

Garden shop. A facility engaged in the retail sale of flowers, ornamental plants, shrubs, trees, seeds, garden and lawn supplies, and other materials used in planting and landscaping, but not including cultivation and propagation activities outside a building.

Golf course. Any golf course, publicly or privately owned, on which the game of golf is played, including accessory uses and buildings customary thereto, but excluding golf driving ranges as defined herein.

Golf driving range. A limited area on which golf players do not walk but onto which they drive golf balls from a central driving tee.

Golf, miniature. A limited area on which a shorter version of the game of golf is played. This area is usually lighted and creates a large traffic flow.

Grade. The average elevation of the land around a building.

Grade, finished. The final elevation of the average ground level adjoining a building at all exterior walls after development.

Grading plan. A plan prepared by a registered land surveyor or engineer which shows any stripping, cutting, filling or stockpiling of earth or land, including the land in its cut or filled condition, to create new grades.

Grocery store. See "Food store".

Gross vehicle weight (GVW). The aggregate weight of a vehicle and the load thereon.

Group home. A residential facility for which the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services is the licensing authority and in which no more than eight mentally ill, mentally retarded, or developmentally disabled persons reside, with one or more resident counselors or other staff persons, as a residential occupancy by a single-family in accord with the Code of Virginia, § 15.2-2291. Mental illness and developmental disability shall not include the current illegal use of or addition to a controlled substance as defined in the Code of Virginia, § 54.1-3401.

Health club (also athletics center, fitness center, gym, martial arts studio, recreational facility/club, yoga studio). A facility where members or nonmembers use equipment or space for the purpose of physical activities or exercise. Related uses may include competitions or exhibitions.

Health official. The legally designated health authority of the state department of health for the town, or his authorized representative.

Historic area. An area containing buildings or places in which historic events occurred or having special public value because of noticeable architectural or other features relating to the cultural or artistic heritage of the community, or of such significance as to warrant conservation and preservation, and which has been so designated by the Virginia Historic Landmarks Commission or some other local, state, or federal government agency.

Home occupation. An occupation carried on by the resident of a dwelling as a secondary use in connection with which there is no display, and no one employed other than members of the family residing on the premises, and which is conducted in the main building. Nothing shall be maintained on the premises to indicate from the exterior of the building that it is being used for any purpose other than a dwelling.

Hospital. An institution primarily providing human in-patient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central services facilities, and staff offices that are an integral part of the facilities rendering medical, surgical, obstetrical, or convalescent care.

Hotel. A facility offering lodging accommodations to the general public and designed or occupied as the more or less temporary abiding place for individuals who are, for compensation, lodged with or without meals, and in which provisions may or may not be made for cooking in individual rooms or suites. A hotel may include restaurants, taverns or club rooms, public banquet halls, ballrooms and meeting rooms. A hotel contains a central entrance lobby and does not provide a motor vehicle parking space adjacent to each individual room as does a motel.

Improved parking surface. An area used for the parking or storage of vehicles that is overlaid or otherwise paved with concrete, asphalt, paving stones or other hard surfaced durable material in such depth as to prevent rutting in the wettest conditions and which is approved by the Director of the Department of Public Works of the Town of Dumfries or town council. Grass, dirt, soil, or wood chips will not qualify as improved parking surfaces.

Indoor theaters/auditoriums. A building principally devoted to use as an indoor place of public assembly for the viewing of movies, plays, concerts, theatrical events, speeches, debates and other similar activities; halls and social clubs.

Ingress. The place, means, or the way by which pedestrians and vehicles shall have a safe, adequate and usable entrance to a property or use.

Inoperative or inoperable vehicle. Any motor vehicle, trailer or semi-trailer which is not in operating condition; or which for a period of 60 days or longer has been partially or totally disassembled by the removal of tires and wheels, the engine, or other essential parts required for the operation of the vehicle; or on which there are displayed neither valid license plates nor a valid inspection decal.

Interior lot. See "Lot, interior".

Junk. Any scrap, dismantled, inoperable, or dilapidated motor vehicles, including parts, machinery, household furniture and appliances, construction equipment and materials, tanks and drums, tires, pipes, wire, wood, paper, metals, rags, glass and any other kind of salvage or waste material.

Junkyard. An establishment or place of business which is maintained, operated, or used for storing, keeping, buying or selling junk, or for the maintenance or operation of an automobile graveyard.

Kennel. An establishment licensed to house, board, breed, handle, or otherwise keep, sell or care for dogs, cats or other small domesticated animals in return for compensation.

Kennel, private. Any building or land designed for the care of more than three dogs, cats or other small domesticated animals belonging to the owner or occupant of the property.

Kiosk. A small, freestanding, one-story accessory used for retail purposes, such as automatic teller machines or the posting of temporary information and/or posters, notices and announcements.

Land disturbing activity. Any development, construction, or related operation which could alter the site, including, but not limited to, tree or tree stump removal, road or building construction, or grading.

Landfill mining. The extraction of landfill material for the removal of recyclable products and the restoration of a site to its original natural condition.

Landscaping. The improvement of a lot, parcel or tract of land with grass, shrubs, trees, other vegetation and/or ornamental objects. Landscaping may include pedestrian walks, flower beds, ornamental objects such as fountains, statuary and other similar natural and artificial objects designed and arranged to produce an aesthetically pleasing effect.

Limited (light) industry. Includes warehousing and light manufacturing uses which produce some noise, traffic congestion, or danger, but which are of such limited scale or character that they present no serious hazard to neighboring properties from fire, smoke, noise, or odors.

Loading space/zone. A space or a portion of any area designated, required, or by its nature used as an area for the temporary parking of motor vehicles while transferring, loading, or unloading goods, merchandise, or products or while performing services.

Lodging house. See "Boarding house".

Lot. A parcel of land occupied or to be occupied by a main structure or group of main structures and accessory structures, together with such yards, open space, lot width, and lot areas as are required by this chapter, either shown on a plat of record or considered as a unit of property and described by metes and bounds. The word "lot" includes the words "plots" and "parcel".

Lot, corner. A lot abutting on two or more streets at their intersection. Of the two sides of a corner lot, the front shall be deemed to be the shorter of the two sides fronting on streets.

Lot, depth of. The average horizontal distance between the front and rear lot lines.

Lot, double frontage. An interior lot having frontage on two parallel streets.

Lot, interior. Any lot other than a corner lot.

Lot of record. A lot, a plat, or a description of such which has been recorded in the clerk's office of the circuit court.

Lot, pipe-stem. A residential lot that complies with the minimum requirements for frontage, lot area, lot width, lot depth, and building placement in the zoning and subdivision ordinances, and that has a narrower "stem" portion, which does not meet the lot width requirement but provides the required frontage and access to a generally larger and more buildable "pipe" portion of the lot.

Lot, width of. The horizontal distance between side lot lines at the setback line.

Lumber yards. Any structure, facility, or enclosed area used for the commercial storage and sale of lumber, hardware, construction supplies, tools or other construction related materials.

Manufacture or manufacturing. The processing and/or converting of raw, unfinished materials or products, or both of them, into articles or substances of different character, or for use for a different purpose.

Manufactured home. A structure complying with the federal manufactured housing construction and safety standards which is transportable in one or more sections; is eight body feet or more in width and 40 body feet or more in length in the traveling mode, or is 320 or more square feet when erected on-site; is built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air conditioning and electrical systems contained in the structure. The term "manufactured home" includes the term "mobile home".

Manufactured home park/subdivision. An area of land designed to accommodate two or more manufactured homes intended for residential use. The term "manufactured home park" includes the term "mobile home park".

Marina, commercial or club type. Boating facilities designed and operated for profit, or operated by any club or organized group, where hull and engine repairs, boat and accessory sales, packaged food sales, restaurants, personal services, fueling facilities, storage and overnight guest facilities or any combination of these are provided.

Marina, private noncommercial. A marina designed and intended to be used for mooring of boats by residents of the general neighborhood with no commercial facilities other than those necessary for minor servicing and repairs.

Marquee. A roof-like structure or awning projecting over an entrance, for example, a theater marquee.

Massage establishments or parlor. Any establishment having a fixed place of business where massages are administered for pay, including, but not limited to; massage parlors, health clubs, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home, medical clinic or the office of a physician, surgeon, chiropractor, osteopath or physical therapist duly licensed by the Commonwealth of Virginia, nor barber shops or beauty salons in which massages are administered only to the scalp, the face, the neck or the shoulder. This definition shall not be construed to include a volunteer fire department, a volunteer rescue squad or a nonprofit organization operating a community center, swimming pool, tennis court or other educational, cultural, recreational and athletic facilities and facilities for the welfare of the residents of the area. This definition shall not include any establishment offering or providing facilities for instruction in controlled exercise, weight lifting, calisthenics or general physical fitness which is actually occupying the premises of not less than 5,000 square feet, of which not more than five percent is used for massages, and whose gross income from massages is less than 15 percent of the total gross income from massages derived from physical fitness sales contracts at each business location.

Massage therapist. A practitioner who is licensed or certified by the state and/or a recognized professional organization to practice massage therapy for purposes of medical care or physical therapy.

Master plan. A long-term, general outline for projected development.

Materials recovery facility (MRF). A solid waste management facility for the collection, processing and recovery of material from solid waste or for the production of fuel from solid waste. This does not include the production of waste-derived fuel product.

Medical or dental office or clinic. A facility engaged in the examination diagnosis and treatment of medical chiropractic, ophthalmologic, dental, podiatric or other health care patients; includes administrative and clerical operations of the practice; does not include overnight facilities for patients.

Mini-storage facility. See "Self-storage facility".

Mixed use development. The development of a tract of land, building(s) or structure(s) with a variety of complementary and integrated uses, such as, but not limited to: residential, office and retail in a compact urban form.

Mixed use structure. A single structure containing at least two complementary, integrated, or mutually-supporting uses (such as housing, offices and retail).

Mobile home. See "Manufactured home".

Model car racetrack. A track for the operation of small scale model vehicles. No such model shall exceed 1/8 ^th scale. Such models may be of either manual or radio-controlled design. Model car racetracks may be either for seasonal or continuous operation.

Modular home. A dwelling unit constructed through use of large, prefabricated mass-produced, partially pre-assembled sections or modules which are put together on-site on a permanent foundation and which meets the Virginia Uniform State-wide Building Code standards.

Mortuary. A place for the storage of human bodies prior to their burial or cremation.

Motel (includes motor lodge, tourist court, tourist cabin or motor court). One or more buildings containing individual sleeping rooms designed for or used temporarily by tourists or transients for compensation and in which room assignments are made through a lobby or office with garage or parking space conveniently located to each unit.

Motor vehicle repair service. Any place of business having as its purpose the servicing, at retail, of motor vehicles, trailers and similar large mechanical equipment and which includes a general repair shop, paint or body shop, transmission shop and engine and engine part overhaul shop, which is conducted within a completely enclosed building.

Motorcycle. Every motor vehicle designed to travel on not more than three wheels in contact with the ground and is capable of traveling at speeds in excess of 35 miles per hour.

Motorcycle sales, new. A franchised agency selling motorcycles and providing services commonly associated with motorcycle sales. A new motorcycle dealership may include the sale of used motorcycles and repair as a permitted use.

Museum. An institution for the acquisition, preservation, study and exhibition of works of artistic, historical or scientific value.

Music school. Any place operated for the purpose of providing instruction in the art of playing musical instruments.

Natural wildlife preserve. Any area so designated by any federal state or local governmental authority as an area for the purpose of the protection of wildlife and the natural habitat.

Nightclub. An establishment dispensing alcoholic beverages and meals and in which music, dancing, or entertainment is conducted.

Nonconforming lot. An otherwise legally platted lot that does not conform to the present minimum area, dimension or location requirements of this chapter.

Nonconforming structure. An otherwise legal building or structure that does not conform to the present size, dimensions, or location regulations of this chapter.

Nonconforming use. The otherwise legal use of a building or structure or of a tract of land that does not conform to the present use regulations of this chapter.

Nonpoint source pollution (NPS). Pollution consisting of constituents such as sediment, nutrients, and organic and toxic substances from diffuse sources, such as runoff from agriculture and urban land development and use.

Nursing home. An extended or immediate care facility licensed or approved by the Commonwealth of Virginia to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness, or infirmity are unable to care for themselves.

Occupancy. The use or intended use of the land or buildings by owners or tenants.

Office building. A structure wherein are employed a greater number of people than that allowed in professional offices and where there are no goods offered for sale.

Offices, professional and general business. A room or group of rooms used for the provision of executive, management and/or administrative services, either as principal or accessory uses. An office use does not include fabrication, assembling, testing, repair, treatment or storage of materials, goods, animals or products, or the sale and/or delivery of such items.

Office park. A large tract of land that has been planned, developed and operated as an integrated facility for a number of separate offices and supporting ancillary uses with special attention given to circulation, parking, utilities, aesthetics and compatibility.

Off-site. Any area lying outside the boundary of a lot.

Off-street parking area. Space provided for vehicular parking outside the dedicated street right-of-way.

Open space. A portion of a development site that is permanently set aside for public or private use and shall not be developed and is maintained in its natural condition, such that the topography and vegetation of the area is unaltered and protected in perpetuity.

Open space, common. Open space within the boundaries of a development that is designed and set aside for the use and enjoyment of the residents of the development, not including any dedicated open space. To be considered as common open space, the open space so considered must be conveyed, with appropriate restrictions as to use, to a bona fide homeowners association. Common open space shall not include streets, roads, alleys, parking areas, sidewalks, patios, public utility easements and rights-of-way.

Open space, dedicated. Open space within the boundaries of a development that is to be dedicated to the town or to an appropriate public agency, board or body, as may be approved by the town.

Outside storage. The keeping of goods or materials, excluding junk, outside of a building, and which shall be considered as an accessory use, unless specifically enumerated as a principal use (such as a contractor's storage yard or building material sales yard).

Overlay zone or district. A designated area within a base zoning district for which specific land use regulations apply, in addition to the base zoning requirements.

Parking lot. An off-street (i.e., not on a public street or alley), ground level area, paved in accordance with town parking lot standards, for the short- or long-term storage of motor vehicles.

Parking space. An off-street (i.e., not on a public street or alley) area, paved in accordance with town parking lot standards, that is used for parking a vehicle.

Parks and playgrounds. Open land, owned by a governmental entity, a homeowner's association or a civic association, set aside for recreational and leisure activities. Such land may be undeveloped or developed with ball fields, trails, picnic areas, tennis courts, swimming pools, or other recreational activities.

Pawnbroker. Any person who lends or advances money or other things for profit on the pledge and possession of personal property, or other valuable things, other than securities or written or printed evidence of indebtedness, or who deals in the purchasing of personal property or other valuable things on condition of selling the same back to the seller at a stipulated price.

Pawnshop. A business operated by a licensed pawnbroker or any establishment which loans money on the security of a borrower's personal property held in keeping of the pawnbroker.

Pen. A small enclosure used for the concentrated confinement and housing of animals or poultry, a place for feeding and fattening animals, or a coop. Enclosed pasture or range with an area in excess of 100 square feet for each hog or small animal or 200 square feet for each larger animal shall not be regarded as a pen.

Permit. An official document or certificate issued by a town official having jurisdiction authorizing performance of a specified authorized activity.

Permitted use. Those uses allowed as a matter of right within certain zoning districts, provided that such use is in accordance with requirements of the particular district and general conditions stated elsewhere in this chapter.

Pet shop. A retail establishment offering small animals, fish and/or birds for sale as pets, where such creatures are housed within the building, and which may include the grooming of dogs, cats and similar animals.

Plan, sketch. The outline representation of a proposed project.

Planning commission. The Town of Dumfries Planning Commission.

Plant nursery. An enclosed structure for the cultivation of plants, flowers or vegetables, and any accessory buildings for the sale of such plants, flowers or vegetables and other agricultural, horticultural, or related products to the general public.

Plat. A document, prepared by a registered land surveyor or engineer, which delineates property lines, and shows monuments and other landmarks for the purpose of identifying property.

Pond. An inland body of water of either artificial or natural construction not connected by surface flow or contiguous to tidal waters.

Porch. Any porch, veranda, gallery, terrace, or similar projection from a main wall of a building and covered by a roof, other than a carport as defined in this section. An "unenclosed porch" is a porch with no side enclosure (other than the side of the building to which the porch is attached) that is more than 18 inches in height, exclusive of screens.

Preliminary site plan. The first submission of a plan showing the proposed general layout of existing conditions and proposed improvements to a site.

Premises. A lot, parcel, tract or plot of land together with the buildings and structures thereon.

Principal building or structure. A structure in which the principal use of the lot on which the building or structure is located is conducted.

Principal use. The primary activity or structure for which a lot is used, as permitted by this chapter.

Professional occupations. Service occupations identified by the Virginia Department of Professional and Occupational Regulations and which require specialized education or training.

Public hearing. A meeting announced and advertised according to the Code of Virginia. These meetings are advertised in advance and are open to the general public, with the public given an opportunity to participate.

Public improvements. All roads, streets, walkways, gutters, curbs, stormwater management facilities, landscaping and other facilities to be dedicated to or maintained by the town.

Public meeting. A forum held according to the standards of the Code of Virginia and is open to the general public.

Public notice. A notice published, following the standards of the Code of Virginia, in a newspaper of general circulation in the municipality. Such notice shall state the date, time and place of the hearing and the particulars of the matter to be considered at the hearing.

Public use. A use by any governmental agency or any licensed public utility which is required for the continued maintenance and provision of such public facilities and utilities.

Public water and sewer system. A water or sewer system owned and operated for public use by a municipality or county or by a private individual, corporation, or association.

Recreation center. A place designed and equipped for the conduct of sports, leisure time activities, and other customary and usual recreational activities.

Redevelopment. The process of developing land that is or has been previously developed.

Refuse. Waste materials including ashes, garbage, rubbish, junk, industrial waste, dead animals, and other solid waste materials, include salvable waste.

Resource management area (RMA). The component of the Chesapeake Bay Preservation Area that is not classified as the resource protection area. RMAs include land types that, if improperly used or developed, have the potential for causing significant water quality degradation or for diminishing the functional value of the resource protection area.

Resource protection area (RPA). The component of the Chesapeake Bay Preservation Area comprised of lands adjacent to water bodies with perennial flow that have an intrinsic water quality value due to the ecological and biological processes they perform or are sensitive to impacts which may result in significant degradation to the quality of state waters.

Restaurant, carry-out. An establishment with limited or no eat-in facilities that provides prepared food for pick-up by the customer or delivery by a restaurant employee.

Restaurant, drive-in. An eating establishment where food and/or beverages are primarily served to customers in motor vehicles.

Restaurant, fast food. An establishment which prepares and sells food products intended for ready consumption, which are generally packaged in paper or served in other types of disposable plates, wrappers, or containers, for consumption inside the building, on a patio, or off the premises and which may include service directly to patrons in their motor vehicles.

Restaurant, full-service. A retail food service establishment with table service, (order placement and delivery), provided to customers; carry-out trade, if any, shall be a limited portion of the business; traditional sit-down establishments with waiter/waitress.

Retail stores and businesses. Buildings for display and sale of merchandise at retail, but specifically exclusive of coal, wood, and lumber yards.

Retirement housing for the elderly. A development providing self-contained dwelling units specifically designed for the needs of the elderly. Units may be rented or owner-occupied.

Right-of-way. A strip of land occupied or intended to be occupied by a public or private street, crosswalk, or railroad, or other similar use.

Roadside food vendor shall include a vendor who sells food from a lunch wagon, truck, push cart, or vehicle from which food is sold on private property with legal access to a public right-of-way.

Roadside stand. Any land or structure used for the sale of seasonal goods.

Rooming house. A dwelling in which, for compensation, lodging is furnished to three or more, but not exceeding nine guests.

School, general education. A public, parochial, or private school or college, or a school for the mentally or physically handicapped, giving regular instruction at least five days a week, except holidays, for a normal school year of not less than seven months.

School, private. A bona fide educational institution other than a public school that provides elementary, secondary or higher education and which does not secure the major part of its funding from any governmental agency.

School, public. A bona fide educational institution operated by a duly constituted governmental entity.

School, special education. A school primarily devoted to giving instruction in vocational, professional, musical, dramatic, artistic, linguistic, scientific, religious or other special subjects.

School, studio for the arts. A school or studio where the various arts (e.g., dance, music, painting, sculpting, singing) are practiced or taught. Related uses may include competitions, exhibitions, or recitals.

Scrap yard. Any land or building used for the abandonment, storage, keeping, collection, or bailing of paper, rags, scrap metals, other scrap, or discarded materials, or for the abandonment, demolition, dismantling, storage, or salvaging of automobiles, or other vehicles not in running condition, or parts thereof.

Screened. Shielded, concealed, and effectively hidden from the view of a person standing at ground level on an abutting site, or outside the area or feature so screened, by a fence, wall, hedge, berms or similar architectural or landscape feature.

Self-storage facility. A building or group of buildings divided into separate compartments used to meet the temporary storage needs of residential and small business uses.

Service road. Also known as a frontage road, is a local road running parallel to an expressway or highway providing access to roadside businesses and/or residences.

Setback. The minimum distance by which any building or structure must be separated from the front lot line.

Shopping center. Five or more buildings or establishments located on the same lot or parcel of ground, or two or more buildings or establishments, located on the same lot or parcel of ground with a combined floor area of 40,000 square feet or more.

Sight distance. The maximum extent of unobstructed vision (in a horizontal or vertical plane) along a street from a vehicle located at any given point on the street.

Sign. Any display of letters, words, numerals, figures, devices, emblems, pictures, or any parts or combinations thereof, by any means whereby the same are made visible for the purpose of making anything known, whether such display is made on, attached to, or as a part of a structure, surface or any other thing, including, but not limited to; the ground, any tree, or other natural object, which display is visible beyond the boundaries of the parcel of land on which the same is located.

Sign area. The entire area within a circle, triangle, rectangle, parallelogram, or trapezoid enclosing the extreme limits of writing, reproduction, emblem, or any figure of similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed; excluding the necessary supports or uprights on which the sign is placed. On double-faced signs, whose sign faces are parallel and are at no point more than two feet from one another, only one display face shall be measured in computing total sign area.

Sign, banner. Any sign made of fabric or any nonrigid material with no enclosing framework.

Sign, business. A sign which directs attention to a product, commodity, or service available on the premises.

Sign, directional. A sign (one end of which may be pointed, or on which an arrow may be painted, indicating the direction to which attention is called) giving the name and approximate location only of the farm or business responsible for the erection of same.

Sign, electronic display. Any sign that contains light emitting diodes (LED), fiber optics, light bulbs, plasma display screens, or other illumination methods, that can change its content and/or the intensity of the light or colors displayed by way of electronic or mechanical means.

Sign, freestanding. Any sign supported by an upright structural member or by braces on or in the ground and not attached to a building.

Sign, grand opening. A sign which is used for the introduction, promotion, or announcement of a new business, store, shopping center, office, or the announcement, introduction, or promotion of a new establishment.

Sign, identification. A sign which carries only the name of the firm, the major enterprise, or the principal product offered for sale on the premises, or a combination of these.

Sign, illuminated. Any sign illuminated by electricity, gas, or other artificial light, including reflecting or phosphorescent light.

Sign, maintenance. The replacing of a part or portion of a sign, made unusable by ordinary wear and tear, or the reprinting of existing copy without changing the wording.

Sign, monument. A freestanding sign supported primarily by an internal structural framework or integrated into landscaping or other solid structural features other than support poles.

Sign, outdoor advertising. A freestanding or building-mounted sign bearing a message which is not appurtenant to the use of the property where the sign is located, and which does not identify the place of business where the sign is located as the purveyor of merchandise or service upon the sign. Such signs may also be referred to as billboards or poster panels.

Sign, portable. Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including signs attached to or painted on vehicles parked and visible from the public right-of-way, unless such vehicle is used in the normal day-to-day operations of the business and is currently licensed by the state with a valid inspection decal displayed.

Sign, roof. A sign erected wholly upon or over the roof of a structure.

Sign, roof line. A sign erected either on the edge of the roof or on top of the parapet wall, whichever forms the top line of the building silhouette and, where a building has several roof levels, this roof or parapet shall be the one belonging to that portion of the building on whose wall the sign is located.

Sign structure. Includes the supports, uprights, bracing and/or framework of any structure, be it single-faced, double-faced, v-type, or otherwise exhibiting a sign.

Sign, temporary. A sign, banner, pennant, poster, or advertising display constructed of cloth, plastic sheet, cardboard, wall board, etc., applying to a seasonal or other brief activity such as, but not limited to; summer camps, horse shows, auctions, or sale of land.

Sign, wall. A sign affixed directly to or painted on or otherwise inscribed on an exterior wall or parapet and confined within the limits thereof, of any building and which projects from that surface less than 12 inches at all points.

Sign, window. A sign painted, stenciled, or affixed on a window, which is visible from a right-of-way.

Site plan. A required submission, prepared and approved in accordance with the provisions of this chapter which is a detailed engineering drawing of the proposed improvements required in the development of a given lot.

Small engine repair shop. Shop for the repair of lawn mowers, chain saws, lawn equipment, and other machines with one-cylinder engines.

Standing space. A space by its nature used as an area for the temporary stopping of a motor vehicle, while under the control of its driver, for the purpose of embarking or discharging passengers, baggage, or merchandise, or for the purpose of utilizing special motor vehicle-oriented services including, but not limited to; drive-in banks, car washes, and gasoline filling stations. Such spaces shall be a minimum of ten feet in width and 20 feet in length.

Storage building. Any structure used to shelter equipment, vehicles, implements or materials incidental to the use of the principal structure.

Story. That portion of a building, other than the cellar, included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, it is defined as the space between the floor and the ceiling next above it.

Story, half. A space under a sloping roof, which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished for use.

Street line. The dividing line between a street or road right-of-way and the contiguous property.

Streetscape. An area which may either abut or be contained within a public or private street right-of-way or accessway that may contain sidewalks, street furniture, landscaping or trees and similar features.

Street, private. A street that has not been accepted by the town or other government entity. Private streets may be used by and are open to the public, often as access to a development, industrial plant, or shopping area.

Street, public or public highway. A street built or maintained by public funds and accepted by the town or other government entity.

Structure. Anything constructed or erected, the use of which requires location on the ground, or attachment to something having a permanent location on the ground, except utility poles. Structures shall be defined as, but not limited to; stadiums, tents, reviewing stands, platforms, stagings, observation towers, telecommunications towers, solar energy devices, water tanks, trestles, piers, wharfs, swimming pools, storage bins, fences, signs, buildings, parking lots, driveways, patios, gasoline pumps and pump islands, underground storage tanks, stormwater management and retention facilities. The word "structure" is included within the word "building".

Studio, tattoo or body piercing. A building or portion of a building used for selling and/or applying tattoos (by injecting dyes/inks into the skin), and/or for piercing the skin with needles, jewelry or other paraphernalia, primarily for the purpose of ornamentation of the human body.

Subdivide. To divide any tract, parcel, or lot of land into two or more parts for the purpose of transferring ownership of any part or for the purpose of building development of any sort. The term "subdivide" includes the term "resubdivide".

Surveyor, registered. A person who is registered with the state board of architects, professional engineers, land surveyors and certified landscape architects as a land surveyor.

Swimming pool. A manmade structure constructed from material other than natural earth or soil designed or used to hold water for the purpose of providing a swimming or bathing place; or any such structure for the purposes of impounding water therein to a depth of more than four feet.

Tattooing. The practice of producing an indelible mark or figure on the human body by scarring or inserting a pigment under the skin using needles, scalpels, or other related equipment.

Temporary use. A use established for a fixed period of time with the intent to discontinue such use upon the expiration of such time, and that does not involve the construction or alteration of any permanent structure. Such use shall include, but shall not be limited to, roadside stands for the temporary sale of seasonal goods, carnivals, car shows, circuses, concerts (outdoor), festivals, fairs, flea markets, and sports tournaments/competitions. Seasonal goods shall exclude fireworks and shall be considered items harvested and/or sold on a seasonal basis, such as, but not limited to, Christmas trees, pumpkins, summer vegetables and produce, fresh seafood, ice cream, and potted Easter plants.

Tidal shore or shore. Land contiguous to a tidal body of water between the mean low water level and the mean high water level.

Tower. A structure used to support one or more antennas. Such a structure is typically of skeletal lattice-type framework or solid construction. Guy wires, framework, or other stabilizing devices are considered part of the structure of the tower.

Townhouse. A single-family dwelling unit, being one of a group of not less than three, nor more than ten units, with such units attached to the adjacent dwelling or dwellings by party walls, with lots, utilities, and other improvements being designed to permit individual and separate ownership of such lots and dwelling units.

Trailer, hauling. A vehicle or device which is pulled behind an automobile or truck and which is designed for hauling animals, produce, goods or commodities, including boats.

Travel trailer. A vehicular, portable structure, built on a chassis, with or without complete kitchen, toilet, bath or shower facilities, designed to be used for temporary human habitation for travel, recreational and vocational uses. Use of these vehicles as permanent dwelling units is prohibited.

Utilities. Distribution or service connection facilities and appurtenances and other consumable public commodities or services.

Variance. A relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement hereof would result in unnecessary and undue hardship as defined in Code of Virginia, § 15.2-2309. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or adjoining zoning districts.

Vehicle. A motor vehicle, trailer, semi-trailer or part thereof, unless the context clearly requires a different meaning.

Veterinary clinic. A facility designated or maintained for the treatment of diseases of animals, including the housing, boarding, breeding or keeping of or caring for animals.

Warehouse. A commercial facility where goods, products and produce are stored for further use, distribution or transport.

Wayside stand. See "Roadside stands".

Wetlands. An area as identified on the National Inventory of Wetlands and/or regulated by the Army Corps of Engineers.

Yard. An open space on a lot, other than a court, unoccupied and unobstructed from the ground upward by structures, except as otherwise provided herein.

Yard sale. The sale of used or unwanted household goods and personal items held on private property zoned for residential use.

Yard, front. An open space, on the same lot as a building, between the front line of the building (excluding steps) and the front lot or street line, and extending across the full width of the lot.

Yard, rear. An open, unoccupied space on the same lot as a building between the rear line of the building excluding steps) and the rear line of the lot and extending the full width of the lot.

Yard, side. An open, unoccupied space on the same lot as a building between the sideline of the building, (excluding steps) and the sideline of the lot, and extending from the front yard line to the rear yard line.

Zoning administrator. The official charged with the interpretation, administration and enforcement of this chapter, and any assistant zoning administrator appointed to assist in administration and enforcement of this chapter.

Zoning district. A geographic area which corresponds to a comprehensive plan designation and which specifies allowed and conditionally allowed uses and applicable standards for development within the district. Also referred to as zone or district.

Zoning permit. An official document or certificate issued by the zoning administrator to authorize the performance of a permitted use in any designated zone.

(Code 1990, § 15-1; Ord. of 1-18-1979, §§ 1-1, 1-2; Ord. of 4-1-1980; Ord. of 8-1-1989(3); Ord. of 4-2-1991; Ord. of 6-11-1991, § 2; Ord. of 5-14-1996(3), § 1; Ord. of 4-22-1997(2), § 1; Ord. of 3-3-1998(1), § 1; Ord. of 8-4-1998(1), § 1; Ord. of 7-16-2002, § 1; Ord. of 12-7-2004, § 1; Ord. of 6-6-2006(2), § 15-1; Ord. of 6-6-2006(3), § 15-1; Ord. of 3-4-2008, § 1; Ord. No. O-2011-008, § 1, 5-17-2011; Ord. No. O-2016-002, 4-5-2016; Ord. No. O-2017-004, 6-6-2017; Ord. No. O-2018-002, 1-3-2018; Ord. No. O-2018-011, 4-3-2018; Ord. No. O-2018-023, 9-4-2018; Ord. No. O-2020-001, 1-7-2020; Ord. No. O-2021-006, 3-16-2021; Ord. of 10-5-2022(1); Ord. of 10-17-2023(1); Ord. No. 24-O-3, 1-23-2024; Ord. No. 24-ORD-11, Exh. A, 12-3-2024)

Cross reference— Definitions generally, § 1-2.

State Law reference— Zoning administrator, Code of Virginia, § 15.1-491(d); motor vehicles, Code of Virginia, § 46.2-100 et seq.

(a)

Any person, whether as principal, agent, employed or otherwise, violating, causing, or permitting the violation of any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $10.00, nor more than $1,000.00. In the case of a continuing violation, further penalties and abatement orders are governed by Virginia Code § 15.2-2286 A.5.

(b)

The remedy provided for in this section shall be in addition to any other remedies provided by law, however, the designation of a particular violation of the zoning ordinance as an infraction pursuant to section 70-2.2 of this Code shall preclude criminal prosecution or sanctions, except for any infraction also resulting in injury to any person or persons or where such civil penalties exceed $5,000.00.

(Code 1990, § 15-2; Ord. of 1-18-1979, § 14-2; Ord. No. O-2013-001, 1-8-2013)

State Law reference— Penalties for violation of zoning ordinances, Code of Virginia, § 15.2-2286(A)(5).

(a)

Any violation of the following provisions of this chapter shall be punishable by a civil penalty of $200.00 for the initial summons and $500.00 for each additional summons. The penalty for a first offense shall be a warning providing a reasonable period of remediation not to exceed ten days.

(1)

Erecting or maintaining fences in violation of this chapter.

(2)

Erecting or maintaining signs in violation of this chapter (except for posting of signs on public property or public rights of way, which is not subject to civil penalty).

(3)

Failure to screen trash receptacles in violation of this chapter.

(4)

Failure to use parking and loading spaces in accordance with this chapter and approved site plans.

(5)

Obstructions that impair the vehicular sight distance at an intersection, such as structures, fences, plantings or landscaping; and obstructions created by any structure or landscaping of any form along a public right-of-way that will impede the adjoining property owner's sight distance for access onto a public right-of-way.

(6)

Conducting a home business, as defined in this chapter, without obtaining the appropriate permit, or conducting a home occupation, as defined in this chapter, without obtaining the approval of the zoning administrator.

(7)

Storage, keeping collecting or bailing of paper, rags, scrap metals, other scrap or discarded materials, or the storage of automobile or other vehicles not in operable condition or the storage of machinery or parts thereof, in violation of this chapter.

(8)

Alteration of a structure within the historic district without a certificate of appropriateness.

(9)

Parking and storing vehicles in violation of this chapter.

(10)

Constructing structures in violation of this chapter.

(11)

Nonconforming uses in violation of this chapter.

(12)

Failure to obtain a certificate of occupancy in violation of this chapter.

(13)

Growth of grass or weeds in violation of this chapter.

(14)

Maintenance of buildings and grounds in violation of this chapter.

(15)

Keeping of septic tanks, privies, cesspools and privy vaults in violation of this chapter.

(16)

Keeping of stagnant water in violation of this chapter.

(17)

To cause or permit the accumulation of any trash, refuse, garbage or litter on properties zoned and/or used for commercial, office, industrial, or multiple family residential uses except in appropriate containers as set forth herein.

(b)

Each day during which any violation of the provision enumerated in subsection (a) of this section is found to have existed shall constitute a separate offense. However, in no event shall any such violation arising from the same set of operative facts be charged more frequently than once in any ten-day period, nor shall a series of such violations arising from the same set of operative facts result in civil penalties which exceed a total of $5,000.00. The existence of a civil penalty shall not preclude enforcement by the zoning administrator under subdivision A.4 of Virginia Code § 15.2-2286 or enforcement by the town council under Virginia Code § 15.2-2208.

(c)

After having served a notice of violation on any person committing or permitting a violation of a zoning ordinance provisions enumerated in subsection (a) of this section and if such violation has not ceased within such reasonable time as is specified in such notice, then, upon the approval of the town attorney, the zoning administrator shall cause two copies of a summons to be personally served upon such person.

(d)

Such summons shall contain the following information:

(1)

The name and address of the person charged.

(2)

The nature of the infraction and the ordinance provision(s) of this chapter allegedly being violated.

(3)

The location, date and time that the infraction occurred or was observed.

(4)

The amount of the civil penalty assessed for the infraction.

(5)

The manner, location and time in which the civil penalty may be paid to the town.

(6)

The right of the recipient of the summons to elect to stand trial for the infraction and the date for such trial.

(7)

A statement that a signature to an admission of liability will have the same force and effect as a judgment of the court.

(e)

The summons shall provide that any person summoned for a violation may elect to pay the civil penalty by making an appearance in person or in writing by mail to the town treasurer's office at least 72 hours prior to the time and date fixed for trial and, by such appearance, may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged.

(f)

If a person charged with a violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided by law. If the violation remains uncorrected at the time of the admission of liability or finding of liability , the court may order the violator to abate or remedy the violation in order to comply with the zoning ordinance. Except as otherwise provided by the court for good cause shown, any such violator shall abate or remedy the violation within a period of time as determined by the court, but not later than six months of the date of admission of liability or finding of liability. Each day during which the violation continues after the court-ordered abatement period has ended shall constitute a separate offense.

(g)

An admission of liability or finding of liability shall not be a criminal conviction for any purpose.

(Ord. No. O-2013-001, 1-8-2013; Ord. No. O-2017-010, 9-5-2017)

Unless otherwise specified, all distances in this chapter shall be measured horizontally and at right angles to the line in relation to which the distance is specified.

(Code 1990, § 15-3; Ord. of 1-18-1979, § 1-1)

For the purpose of promoting the health, safety, or general welfare of the public and further accomplishing the objectives of Code of Virginia, § 15.1-486, this chapter is adopted as the zoning regulations of the town, together with the zoning map. This chapter has been designed to:

(1)

Provide for adequate light, air, convenience of access, and safety from fire, flood, and other dangers.

(2)

Reduce or prevent congestion in the public streets.

(3)

Facilitate the creation of a convenient, attractive, and harmonious community.

(4)

Expedite the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports and other public requirements.

(5)

Protect against destruction of or encroachment upon historic areas.

(6)

Protect against one or more of the following: overcrowding of land, undue density of population in relation to the community facilities existing or available, obstruction of light and air, danger and congestion in travel and transportation, or loss of life, health, or property from fire, flood, panic, or other dangers.

(7)

Encourage economic development activities that provide desirable employment and enlarge the tax base.

(8)

Provide for the preservation of agricultural and forestal lands and other lands of significance for the protection of the natural environment.

(9)

Protect approach slopes and other safety areas of licensed airports, including United States government and military air facilities.

(10)

Promote the creation and preservation of affordable housing suitable for meeting the current and future needs of the locality as well as a reasonable proportion of the current and future needs of the planning district within which the town is situated.

(11)

Provide reasonable protection against encroachment upon military bases, military installations, and military airports and their adjacent safety areas, excluding armories operated by the Virginia National Guard

(Code 1990, § 15-4; Ord. of 1-18-1979)

All departments, officials, and public employees of this town who are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this chapter. They shall issue permits for uses, buildings, or purposes only when they are in harmony with the provisions of this chapter. Any such permit, if issued in conflict with the provisions of this chapter, shall be null and void.

(Code 1990, § 15-5; Ord. of 1-18-1979, § 14-1)

Prior to the initiation or consideration by the town of an application for a conditional use permit, variance, rezoning or other land use permit, the applicant shall produce satisfactory evidence that any delinquent real estate taxes owed to the town which have been properly assessed against the subject property have been paid.

(Ord. of 12-3-1996, § 1)

Before any building permit for any building, structure, reconstruction, enlargement, or alteration shall be issued, the zoning for the building site shall be verified so that the proposed building, structure, reconstruction, enlargement, or alteration is in compliance with all requirements of the zoning district in which it is located. In addition, prior to issuance of any permit for the above, the owner or developer shall execute a cash bond or equivalent as stated in section 70-8.

(Code 1990, § 15-6; Ord. of 1-18-1979, § 12-1; Ord. of 5-3-1988(2))

(a)

Performance bond. The owner/developer shall furnish a cash bond or equivalent, a surety bond of a surety company, or a certified check payable to the town in an amount equal to the total cost of the improvements determined by the commission. Such bond or check shall guarantee that the improvements will be installed within a designated reasonable length of time in a manner acceptable to the council. The bond or check shall accompany the final plat. When construction has been completed, approved and accepted on sections or the required improvements, the council may release the bond submitted for the amount of the entire required improvements; provided, a bond is furnished in the amount to cover the entire cost of the improvements yet to be constructed, approved and accepted.

(b)

Maintenance bond. The owner/developer shall file a maintenance bond with the council in an amount considered adequate and in a form satisfactory to the council, in order to assure the satisfactory condition of the required improvements, for a period of one year after the date of their acceptance by the council.

(c)

Release of performance bond for improvements; maintenance bond.

(1)

The owner/developer may apply for and the council may grant, the periodic partial and final complete release of any bond, escrow, letter of credit, or other performance guarantee required by section 70-545, within 30 days after receipt of written notice by the owner/developer of completion of part or all of any facilities required to be constructed hereunder unless the council or its designated administrative agency notifies said owner/developer in writing of nonreceipt of approval by the applicable town agency, or of any specified defects or deficiencies in construction and suggested corrective measures prior to the expiration of the 30-day period.

(2)

If no such action is taken by the council or its administrative agency within the time specified in subsection (c)(1) of this section, the request shall be deemed approved, and a partial release granted to the subdivider or developer. No final release shall be granted until after expiration of such 30-day period and there is an additional request in writing sent by certified mail, with return receipt, to the mayor. The council or its designated administrative agency shall act within 30 working days of receipt of the request; then, if no action is taken, the request shall be deemed approved and final release granted to the owner/developer.

(3)

The council or its administrative agency shall not refuse to make a periodic partial or final release of a bond, escrow, letter of credit, or other performance guarantee for any reason not directly related to the specified defects or deficiencies in construction of the facilities covered by such bond, escrow, letter of credit or other performance guarantee.

(4)

Upon written request by the subdivider or developer, the council or its designated administrative agency shall make periodic partial releases of such bond, escrow, letter of credit, or other performance guarantee in a cumulative amount equal to not less than 80 percent of the original amount for which the bond, escrow, letter of credit, or other performance guarantee was taken, based upon the percentage of facilities completed and approved by the council, local administrative agency, or state agency having jurisdiction. Periodic partial releases may not occur before the completion of at least 30 percent of the facilities covered by any bond, escrow, letter of credit, or other performance guarantee or after completion of more than 80 percent of such facilities. The council or its administrative agency shall not be required to execute more than three periodic partial releases in any 12-month period. Upon final completion and acceptance of such facilities, the council or its administrative agency shall release any remaining bond, escrow, letter of credit, or other performance guarantee to the owner/developer. For the purpose of final release, the term "acceptance" is deemed to mean when such public facility is accepted by and taken over for operation and maintenance by the state agency, local government or agency, or other public authority which is responsible for maintaining and for operating such facility upon acceptance.

(5)

For the purpose of this section, a certificate of partial or final completion of such facilities from either a duly licensed professional engineer or land surveyor, as defined in and limited to Code of Virginia, § 54.1-400, or from a department or agency designated by the town may be accepted without requiring further inspection of such facilities. Notwithstanding the above release requirements of performance bonds, the owner/developer, upon completion of all required improvements, shall furnish an acceptable maintenance bond in the amount of one-fourth of the original performance bond. The maintenance bond shall cover the cost of any repairs to the improvements for a period of one year from release of the performance bond.

(d)

Absence of bond. In the absence of a performance bond or check, no building permit shall be issued until the required improvements have been installed and approved by the agent or his authorized representative.

(e)

Staged development. In the case where development is projected over a period of years, the planning commission may authorize submission of final plans by section or stages of development, subject to such requirements of guarantees for improvements in future sections or stages of development as it finds essential for the protection of any approved section of development.

(f)

Final as-built drawings. Final as-built drawings, showing all improvements and subsurface utility conditions, shall be provided prior to release of the performance bond. One certified reproducible copy shall be provided to the council with an accompanying letter certifying accuracy, submitted in sufficient time to permit the review prior to release of the performance bond.

(Code 1990, § 15-7; Ord. of 5-3-1988(2))

(a)

Generally. Written application for a certificate of occupancy for a building shall be made at the same time as the application for the building permit for such building, and a written request for issuance of the same shall be made to the zoning administrator after the completion of the work covered by the building permit. If the proposed use is in conformity with the provisions of this chapter, and of all other applicable laws and ordinances, the certificate of occupancy shall be issued within five working days after the request for the issuance of the same has been made. Pending the issuance of such a certificate, a temporary certificate of occupancy may be issued by the zoning administrator for a period not exceeding three months during the completion of any alterations that are required under the provisions of any law or ordinance. Such temporary certificate shall not be construed as in any way altering the respective rights, duties, or obligations of the owner or of the town relating to the use or occupancy of the land or building or any other matter covered by this chapter.

(b)

Certain uses. Written application for a certificate of occupancy for the use of vacant land for a period longer than seven days or for a change in the use of land or a building, for a change of a nonconforming use, or for the enlargement of a use for the continuation of a use as provided in section 70-5 shall be made to the zoning administrator. If the proposed use is in conformity with the provisions of this chapter and of all other applicable laws and ordinances, the certificate of occupancy shall be issued within five working days after the application for the same has been made.

(c)

When required.

(1)

A certificate of occupancy shall be obtained from the zoning administrator for any of the following reasons:

a.

Occupancy in the use of an existing building.

b.

Change in the use of an existing building.

c.

Occupancy and use of vacant land, except for any agricultural use.

d.

Change in the use of land, except for any agricultural use.

e.

Any change in the use of a nonconforming activity, structure, or parcel.

f.

Enlargement of any use, with respect to the unit of measurement specified in this chapter as the basis for determining the amount of required automobile parking space, whether the same is specified in terms of floor area, dwelling units, seats, or any other element of size of the use.

(2)

No such occupancy, use, or change or enlargement of use shall take place until a certificate of occupancy therefor has been issued by the zoning administrator.

(d)

Not to permit violations. No certificate of occupancy shall be deemed to validate any violation of any provision of any law or ordinance.

(e)

Effect. A certificate of occupancy shall be deemed to authorize, and is required for, both initial and continued occupancy and use of the building or land to which it applies and shall continue in effect so long as such building and the use thereof or of such land is in full conformity with the provisions of this chapter and any requirements made pursuant thereto. On the serving of notice of any violation of any of such provisions or requirements with respect to any building, or the use thereof or of land, the certificate of occupancy for such use shall thereupon become null and void and a new certificate shall be required for any further use of such building or land.

(f)

For buildings or land when regulations change. On written request by the owner, the zoning administrator shall issue a certificate of occupancy for any use of a building or land existing on January 18, 1979, or at the time of the adoption of any amendments to this chapter changing the regulations applying to such building or land, certifying, after inspection and investigation, the extent and kind of such use and whether the same conforms to the provisions of this chapter for the district in which it is situated or is a nonconforming use. The zoning administrator may require such proof as may be necessary to enable him to make a determination in the matter, and the furnishings of such proof shall be a condition of his acting on the request.

(g)

Issuance of certificate of occupancy shall not be issued under certain circumstances. No certificate of occupancy shall be issued pursuant to any request where the owner, tenant or requester is delinquent in taxes or fees owed to the town. In the event that the owner, tenant or requester is a nonprofit 501(c)(3) corporation as defined in § 501(c)(3) of the Internal Revenue Code, such owner, tenant or requester must provide valid documentation of such status in order for an occupancy permit to be issued.

(Code 1990, § 15-8; Ord. of 1-18-1979, §§ 12-2—12-6; Ord. No. O-2011-006, § 1, 4-19-2011)

Conditional use permits may be granted by the council for any of the uses for which a permit is required by this chapter. In granting any such use permit, the council may impose any such conditions in connection therewith as will assure that it will conform with the requirements contained herein and will continue to do so, and may require a guarantee or bond to insure that the conditions imposed are being and will continue to be complied with. A conditional use permit shall not be issued unless the council shall find that:

(1)

The proposal as submitted or as modified will not affect adversely the health, safety, or welfare of persons residing or working in the neighborhood of the proposed use; and will not be detrimental to public welfare or injurious to the property or improvements in the neighborhood. Among matters to be considered in this connection are traffic congestion, noise, lights, dust, odor, fumes, and vibrations, with due regard for timing of operation, screening, and other matters which might be regulated to mitigate adverse impact.

(2)

The proposal as submitted or modified will conform to the comprehensive plan for the town or to specific elements of such plan, and the official policies adopted in relation thereto, including the purposes and the express intent of this chapter.

(Code 1990, § 15-9; Ord. of 1-18-1979, § 12-7)

(a)

If, in any district established under this chapter, a use is not specifically permitted and an application is made by a property owner to the administrator for such use, the administrator shall refer the application to the planning commission. The planning commission shall make its recommendations to the council within 60 days as to whether:

(1)

To amend this chapter to allow the unrestricted use in that district;

(2)

To amend this chapter to allow the use with a conditional use permit;

(3)

To amend this chapter by rezoning the district and thereby allow the use; or

(4)

To deny the use in that district.

The planning commission may hold a separate public hearing or a joint public hearing, as provided by law, with the council.

(b)

If, after 60 days after the first meeting of the planning commission, no public hearing has been set or no recommendation has been made, the council may assume that the planning commission concurs with the applicant.

(Code 1990, § 15-10; Ord. of 1-18-1979, § 12-8)

(a)

No major recreational equipment shall be used for living, sleeping, or other occupancy when parked or stored on a residential lot, or in any other location not approved for such use.

(b)

Mobile homes, or units that were once mobile homes, shall not be used as accessory buildings or uses in any zoning district within the town.

(Code 1990, § 15-11; Ord. of 1-18-1979, § 12-9)

(a)

Generally.

(1)

Every use or structure instituted, constructed, erected, enlarged, or structurally altered after January 18, 1979, shall provide off-street parking and loading facilities in accordance with the provisions of this article, except as otherwise provided for in this article.

(2)

Such off-street parking and loading facilities shall be maintained and continued as long as the main use is continued.

(3)

No owner or operator of any structure affected by this article shall discontinue, change, or dispense with the required parking and loading facilities without establishing alternative vehicular parking and loading facilities which meet the requirements of this article.

(4)

No person shall utilize such structure or use without providing the off-street parking and loading facilities to meet the requirements of and be in compliance with this article.

(5)

When a permitted use is nonconforming as to required parking, and such use is enlarged with respect to the unit of measurement specified in this article as the basis for determining the amount of parking spaces, additional parking shall be required only on the basis of the enlargement of the permitted use.

(b)

Location of off-street parking. The off-street parking facilities required by this article shall be located on the same lot or parcel of land that they are intended to serve; however, when the size or shape of land, or a nonconforming building or structure presently existing on the parcel of land, prevents the establishment of such facilities on the same lot or parcel, they may be permitted on a properly zoned lot or parcel within 300 feet of the premises they are to serve. However, before such parking facilities are approved, a written agreement thereto assuring their retention for such purposes shall be properly drawn and executed by the parties concerned, approved as to form by the town attorney, and shall be filed with the zoning administrator.

(c)

Combined off-street parking. Nothing in this article shall be construed to prevent collective provisions for or joint use of off-street parking facilities for two or more buildings or uses by two or more owners or operators; provided that, the total of such parking spaces when combined or used together shall not be less than the sum of the requirements for the several individual uses computed separately in accordance with this article. However, before such spaces are approved for use, a written agreement thereto assuring their retention for such purposes shall be properly drawn and executed by the parties concerned, approved as to form by the town attorney, and filed with the zoning administrator.

(d)

Buffer required where adjoining property is residential. Where a parking area for a medical, hospital, commercial, or industrial use adjoins a lot in a residential district or is located closer than 100 feet to a lot in a residential district without an intervening street, a solid wall or fence six feet in height, with its finished side facing the adjacent residential lot, shall be erected on the lot providing the parking. However, the wall or fence shall not extend into the front yard required on the lot on which it is located.

(e)

Delineating parking spaces. Whenever five or more parking spaces are provided, such spaces shall be laid out on the parking surface with paint or plastic stripping which shall provide a permanent delineation between spaces.

(f)

Surfacing of parking areas. Off-street parking shall be on an appropriate improved parking surface as defined by this chapter. It shall be unlawful for any person to park, cause, permit or allow the parking or storage of any vehicle upon the yard (front, side, or rear) of any real estate including, but not limited to, property used primarily for residential purposes at any location other than an improved parking surface that is accessed by a driveway. These provisions shall not apply to the temporary parking of emergency motor vehicles, delivery vehicles and motor vehicles of public and private utilities. These provisions shall only apply to new development, or the resurfacing of parking surfaces in town.

(1)

No driveway or improved parking surface, in combination with other impervious structures on residential lots, shall cover more than 30 percent of the lot in the R-1 and R-2 districts. Gravel parking surfaces shall count towards the 30-percent coverage lot limitations. Gravel surfacing must be equal to the footprint of the vehicle being parked.

(2)

Existing residential development: Existing single family homes in the R-1 and R-2 districts with gravel driveway may continue to maintain the gravel driveway. These lots shall not become nonconforming, meaning it may be maintained with gravel.

(3)

New R-1 and R-2 development: A single travel lane leading from the roadway to either the primary or secondary structure must be paved. Gravel may accessorize any driveway requiring additional parking space, if the required single lane of pavement has been installed and found insufficient by the land owner. Gravel surface must be equal to the footprint of the vehicle being parked.

(4)

Driveway maintenance of any type of improved parking surface, shall be done so only after an approved permit has been issued by the zoning administrator.

(5)

Gravel driveways shall have a thickness of no less than 3 inches.

(6)

Gravel does not qualify as an improved parking surface for any R-3, B-1, B-2, FB/O-1, or SP-1 zoning districts. Gravel shall be an allowable improved parking surface in R-1 and R-2 zoning districts to promote the intent of the Chesapeake Bay Preservation Area Overlay District Regulations.

(7)

Parking on the grass shall not be permitted in any district on front, side, or rear yards.

(g)

Site planning. Ingress and egress to the property, and traffic lanes, parking spaces and loading and service areas on the premises shall form a convenient and well-organized system appropriate to the uses in the building. Entrances and exits shall be so arranged as to minimize conflicts with traffic on public streets and to reduce traffic noises on portions of the lot where there might be adverse effects on residential uses on the property or on any uses on adjacent property. Driveways, parking, loading, and service areas shall be located, designed, constructed, maintained, and operated so as to minimize the impact or adverse visual effects and noise on other portions of the property and on surrounding property, particularly residential property and, where necessary, fences, walls, and/or vegetative screening shall be provided and maintained to further these purposes. Any lights used to illuminate said parking areas shall be arranged and hooded so as to confine all direct light rays entirely within the boundary lines of the parking area.

(h)

Calculating number of off-street parking spaces. In calculating the number of such parking spaces, the following rules shall govern:

(1)

The term "floor area" shall mean the gross floor area of the specific use multiplied by a core factor of 0.80.

(2)

When the units of measurement determining the number of required parking spaces result in the requirement of a fractional space, any fraction up to and including one-half shall be disregarded, and fractions over one-half shall require one additional parking space.

(3)

The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature.

(4)

In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately, except as allowed in section 70.13(k).

(5)

Off-street parking facilities supplied to meet the needs of one use shall not be considered as meeting the off-street parking needs of any other use, except as allowed in section 70.13(k).

(6)

Each parking space shall be a minimum of nine feet in width and 18 feet in length.

(i)

Amount of off-street parking required. The off-street parking required by this article shall be provided and maintained on the basis of the following requirements specified in the following tables, except as otherwise provided in this article:

_____

_____

(j)

Amount of off-street loading required. There shall be provided, on the premises used for the following purposes in any district at the time any building or structure is constructed, reconstructed, enlarged, extended, or structurally altered, spaces for off-street loading, except as otherwise provided in this article in accordance with the following schedule.

(1)

For each retail store, storage warehouse, wholesale establishment, industrial plant, factory, freight terminal, market, restaurant, mortuary, laundry, dry cleaning establishment, or similar use which has an aggregate floor area of:

a.

Over 10,000 square feet but not over 25,000 square feet: one space.

b.

Over 25,000 square feet but not over 60,000 square feet: two spaces.

c.

Over 60,000 square feet but not over 120,000 square feet: three spaces.

d.

Over 120,000 square feet but not over 200,000 square feet: four spaces.

e.

Over 200,000 square feet but not over 290,000 square feet: five spaces.

f.

For each additional 90,000 square feet or major fraction thereof: one space.

(2)

For each apartment building having over 50 dwelling units: one space.

(3)

For each auditorium, museum, assembly hall, community center, hotel, office building, sports arena, stadium, gymnasium, hospital, sanitorium, or similar use which has an aggregate gross floor area of:

a.

Over 10,000 square feet but not over 40,000 square feet: one space.

b.

For each additional 60,000 square feet over 40,000 square feet or major fraction thereof: one space.

(4)

For any use not specifically mentioned in this section, the requirements for off-street loading, for a use which is so mentioned and to which the unmentioned use is similar, shall apply:

a.

Off-street loading facilities supplied to meet the needs of one use shall not be considered as meeting the off-street loading needs of any other use.

b.

No area of a facility supplied to meet the required off-street parking facilities for a use shall be utilized for or deemed to meet the requirements of this article for off-street loading facilities.

(k)

The public works director, with concurrence of the zoning administrator, may authorize, upon request of a property owner, a parking credit allowance. Such requests shall be in writing, shall state the reasons for the request, and shall include studies, surveys, reports or other evidence to support the request. A parking credit allowance may be authorized as follows:

(1)

Up to thirty percent (30%) of the required parking spaces may be waived when the use is located in an area of development that is so intense that normal individual demand will not be generated. In considering this waiver request, weight shall be given to the availability of public transportation, the proximity of commercial parking garages or lots, and the expected overlap of commercial and employment activities in the area.

(2)

Credit may be given for parking spaces required for one use when parking spaces required for another use on the same lot, or on an adjacent lot, can be used because of a difference in normal operating hours. This credit may be given for up to 75 percent of the required spaces when no overlap in normal operating hours occurs, and up to 25 percent of the required spaces when an overlap of less than four hours per day occurs, provided legally sufficient agreement is executed when different property owners are involved.

(Code 1990, § 15-12; Ord. of 1-18-1979, § 12-10; Ord. of 1-3-1995(1); Ord. of 5-14-1996(2); Ord. of 7-1-2008(3), § 1; Ord. No. O-2012-009, 11-13-12; Ord. No. O-2016-002, 4-5-2016; Ord. No. 24-O-3, 1-23-2024)

(a)

Intent.

(1)

The policy of the town is the protection of property values, the protection of the character of the various areas in the town, the encouragement of sound development of land throughout the town for its most appropriate use, and the protection of the public welfare in general require strict limitations of all displays of signs in the town.

(2)

A sign placed on land or on a building for the purpose of identification, protection, or advertising a use conducted therein shall be deemed to be an integral part of the land or building. Therefore, the intent of this section is to establish limitations on signs in order to ensure that they are appropriate to the land, building, or use to which they are appurtenant and are adequate, but not excessive, for their intended purpose. Business sign regulations have been devised after considering, among other matters, shopping habits, extent of trade area, means of access, and the avoidance of competition among sign displays in their demand for public attention.

(3)

Any widespread display of outdoor advertising is considered inappropriate to the character and sound development of the town, and it is intended by this section that the streets and highways in the town shall not be made available for such display.

(b)

Permit.

(1)

Required. A sign permit shall be required before a sign is erected, altered, or relocated, except as otherwise provided in this section.

(2)

Application; accompanying plans. Each application for such permit shall be accompanied by plans showing the area of the sign; the size, character, and design proposed; on freestanding signs over 20 feet in height, a wind-loading calculation; the method of illumination, if any; the exact location proposed for such sign; the method of fastening such sign; the name and address of the sign owner and of the sign erector.

(3)

Fees. Fees for sign permits shall be in accordance with the schedule of fees for building permits as adopted by the council.

(4)

Time limit. A sign permit shall become null and void if the work for which the permit was issued has not been completed within a period of six months after the date of issuance of the permit.

(5)

Exceptions to permit requirement. A permit shall not be required for the following; provided, however, that such signs shall be subject to any and all applicable provisions of this chapter:

a.

Any sign four square feet or less in area.

b.

Repainting without changing wording, composition, or color, or minor, nonstructural repairs.

c.

The changing of the advertising copy or message on an approved painted or printed sign or billboard or on a theater marquee and similar approved signs which are specifically designed for the use of replaceable copy.

d.

Signs permitted in all districts under subsection (i) of this section.

(c)

Signs permitted generally. Only signs as listed, described, or otherwise provided for in this section shall be permitted; and these shall be subject to such regulations as are specifically set forth in each case and to all other regulations in this chapter. Where a reference is made in this section to the prohibition of a particular type of sign, it is for the purpose of clarification or guidance and no further inference may be drawn therefrom. No sign, nameplate, display, or advertising device of any kind shall be inscribed upon or attached to any chimney, tower, tank, or other structure which extends above the height regulations established in this chapter.

(d)

Signs in R-1, R-2, R-3, and R-4 districts. The following signs are permitted in the R-1, R-2, R-3, and R-4 districts when the uses for which they are intended are allowed in the district:

(1)

One sign not exceeding two square feet in area for each dwelling unit. Such sign shall indicate only the name of the occupant and/or its location.

(2)

One or more signs, not exceeding in the aggregate ten square feet, for the purpose of identifying a multifamily dwelling building.

(3)

Signs for permitted commercial uses in R-3 districts shall be governed by the regulations for the B-1 district.

(4)

No building-mounted sign shall project above the roof line.

(5)

No freestanding sign shall extend more than 12 feet above the ground, including any part of the supporting members.

(6)

All signs shall have a minimum clearance of ten feet above a walkway and 15 feet above a driveway or alley.

(e)

Signs in B-1 district. The following signs are permitted in the B-1 district; and all signs shall be identifying signs:

(1)

For permitted commercial uses, total sign area for building-mounted signs on buildings housing only one tenant shall not exceed in the aggregate 1½ square feet of sign area for each linear foot of building frontage. No such sign area shall be required to be less than 20 square feet, nor shall it exceed 100 square feet. Where frontage is on more than one street, each frontage shall be considered a separate frontage for the purpose of this section. However, the total sign area of all building-mounted signs facing a separate street shall not exceed 100 square feet.

(2)

On lots containing buildings housing more than one tenant, sign area for building-mounted signs for each tenant shall not exceed 1½ square feet for each linear foot of building frontage occupied by that tenant, with a maximum sign area for that respective tenant of 100 square feet. No such sign area shall be required to be less than 20 square feet. Where frontage is on more than one street, each frontage shall be considered a separate frontage for the purpose of this section. However, the total sign area of all building-mounted signs facing a separate street shall not exceed 100 square feet.

(3)

The following types of building-mounted signs shall be permitted:

a.

Projecting signs; provided that, such signs shall not exceed ten square feet in area and shall not project more than five feet from the building front, nor closer than two feet from any curbline.

b.

Roof signs; provided that, such signs shall not project above the roof line.

c.

Signs attached to the vertical face of a marquee; provided that, such signs shall not project below the lower edge of the marquee, nor shall extend above the vertical marquee face.

d.

Wall signs.

e.

Signs on awnings; provided that, such signs shall be limited to the drop leaf and letters shall not exceed eight inches in height.

f.

Signs attached to the bottom of a marquee or signs attached under a roof overhang not exceeding one for each business on the premises, and not exceeding three square feet in area.

(4)

In addition to building-mounted signs, freestanding signs shall be permitted. The area permitted for freestanding signs shall be in addition to that permitted for building-mounted signs.

a.

Freestanding signs shall not exceed 50 square feet in area and shall not extend higher than 20 feet. No more than one freestanding sign shall be permitted for each building, unless otherwise specified. No freestanding sign shall project nearer than two feet from any curbline, nor beyond any property line.

b.

No more than one freestanding sign shall be permitted for a shopping center, limited in area to 75 square feet, and shall not extend higher than 20 feet. Such sign shall indicate only the name of the shopping center and/or a business use, or a combination of business uses within the center. No other freestanding signs shall be permitted. No freestanding sign shall project nearer than two feet from any curbline, nor beyond any property line.

c.

No more than one freestanding sign shall be permitted for a multiple tenant complex, limited in area to 75 square feet, and shall not extend higher than 20 feet. Such sign shall indicate only the name of the multiple tenant complex and/or a business use, or a combination of business uses within the complex. No other freestanding signs shall be permitted. No freestanding sign shall project nearer than two feet from any curbline, nor beyond any property line.

(5)

All signs shall have a minimum clearance of ten feet above a walkway and 15 feet above a driveway or alley.

(6)

Temporary grand opening signs shall be permitted; provided that, such signs shall not be displayed more than 30 days and no such sign shall exceed 25 square feet. A permit is required.

(7)

Temporary signs advertising special sales shall be permitted; provided that, such signs shall not be displayed more than 30 days and no such sign shall exceed 25 square feet. A permit is required.

(8)

Each building is allocated on free standing sign. This sign may be located either on- or off-premises. Off-premises signs shall conform to the following guidelines:

a.

Permission of the owner of the property where the off-premises sign is to be located shall be provided in writing prior to issuing a sign permit.

b.

No freestanding off-premises sign shall be permitted within 100 feet of any freestanding sign.

c.

An off-premises sign shall be located not more than 500 feet from the property line of the business erecting the sign.

d.

Off-premises signs shall not be permitted on lots that have frontages less than 100 feet.

e.

Only one off-premises sign is permitted per lot, however, more than one off-premises business may share the same freestanding sign with the on-premises business. The area of the sign with multiple advertisers shall not exceed the allocated space for a single freestanding sign.

f.

All other conditions for signs shall apply in accordance with this chapter.

(9)

Window signs shall be permitted, provided that the aggregate area of all such signs shall not exceed 25 percent of the window area on which such signs are displayed.

(10)

Luminous tube signs shall be permitted on the interior of storefront windows, provided that the aggregate area of all such signs does not exceed three square feet.

(11)

Alternative sign regulations: Comprehensive sign plan (CSP). Alternative sign regulations for permitted signs may be approved with the submission of a comprehensive sign plan which complies with all regulations set forth in section 70-14. Signage in the PMUD zoning district shall not require a certificate of appropriateness from the architectural review board.

a.

Applications for approval of comprehensive sign plans shall be made in accordance with the procedures for a conditional use permit application as set forth in section 70-10 except that the issues for consideration shall be as set forth in this section 70-14(e)(11). The fee shall be that of a category C conditional use permit application as outlined in the town fee schedule.

b.

An application for a comprehensive sign plan shall include the following materials: A statement of justification, addressing whether and how each sign proposed by the comprehensive sign plan would:

1.

Assist motorists, bicyclists or pedestrians in finding a location without difficulty or confusion;

2.

Clearly identify places of business or communities, while avoiding unnecessary redundancy;

3.

Demonstrate compatibility with, and be subordinate to, the structures and land uses referenced by the sign;

4.

Address light pollution impacts with night-sky friendly equipment and operations;

5.

Incorporate energy efficient measures, where possible;

6.

Provide a sufficient number of graphic messages or displays without creating competing demands for visual attention; and.

7.

Minimize impacts on historic properties, if applicable to the site.

c.

Approval of revisions to approved comprehensive sign plans may be requested and shall be limited to 1) addition of a sign category and/or individual use/user not addressed in the approved comprehensive sign plan, or 2) revision to a sign category that was addressed in the approved comprehensive sign plan. Such revisions shall be reviewed for consistency with the approved comprehensive sign plan. Requests for revisions shall be submitted to the planning director or designee and shall be evaluated administratively by the standards set forth in section 70-14(e)(11).

(f)

Signs in B-2 district. The following signs are permitted in the B-2 district, and all signs shall be identifying signs:

(1)

For permitted commercial uses, the total sign area for building-mounted signs on buildings housing only one tenant shall not exceed in the aggregate one square foot of sign area for each linear foot of building frontage. No such sign area shall be required to be less than 20 square feet, nor shall it exceed 75 square feet. Where frontage is on more than one street, each frontage shall be considered a separate frontage for the purpose of this section. However, the total sign area of all building-mounted signs facing a separate street shall not exceed in the aggregate one square foot for each linear foot on that side. No such sign area shall be required to be less than 20 square feet, nor shall it exceed 75 square feet.

(2)

On lots containing buildings housing more than one tenant, sign area for building-mounted signs for each tenant shall not exceed in the aggregate one square foot for each linear foot of building frontage occupied by that tenant, with a maximum sign area for that respective tenant of 75 square feet. No such sign area shall be required to be less than 20 square feet. Where frontage is on more than one street, each frontage shall be considered a separate frontage for the purpose of this section. However, the total sign area of all building-mounted signs facing a separate street shall not exceed 75 square feet.

(3)

The following types of building-mounted signs shall be permitted:

a.

Wall signs.

b.

Signs on awnings; provided that, such signs shall be limited to the drop leaf, and letters shall not exceed eight inches in height.

c.

Signs attached to the bottom of a marquee or signs attached under a roof overhang not exceeding one for each business on the premises, and not exceeding three square feet in area.

(4)

In addition to building-mounted signs, freestanding (post or pedestal) signs shall be permitted. The area permitted for freestanding (post or pedestal) signs shall be in addition to that permitted for building-mounted signs.

a.

Freestanding (post or pedestal) signs shall not exceed 20 square feet in area, and shall not extend higher than 12 feet. No more than one freestanding (post or pedestal) sign shall be permitted for each building, unless otherwise specified. No freestanding (post or pedestal) sign shall project nearer than two feet from any curbline.

b.

No more than one freestanding (post or pedestal) sign shall be permitted for a multiple tenant complex, limited in area to 30 square feet, and shall not extend higher than 12 feet. Such sign shall indicate only the name of the multiple tenant complex and/or a business use or a combination of business uses within the complex. No other freestanding (post or pedestal) sign shall be permitted. No freestanding (post or pedestal) sign shall project nearer than two feet from any curbline, nor beyond any property line.

(5)

All signs shall have a minimum clearance of ten feet above a walkway and 15 feet above a driveway or alley.

(6)

Temporary grand opening signs shall be permitted; provided that, such signs shall not be displayed more than 30 days and no such sign shall exceed 20 square feet. A permit is required.

(7)

Temporary signs advertising special sales shall be permitted; provided that, such signs shall not be displayed more than 30 days and no such sign shall exceed 20 square feet. A permit is required.

(8)

Window signs shall be permitted, provided that the aggregate area of all such signs shall not exceed 25 percent of the window area on which such signs are displayed.

(9)

Luminous tube signs shall be permitted on the interior of storefront windows, provided that the aggregate area of all such signs does not exceed three square feet.

(g)

Signs in M-1 district. The following signs are permitted in the M-1 district. All signs shall be identifying signs.

(1)

For permitted commercial or industrial uses, total sign area for building-mounted signs on buildings housing only one tenant shall not exceed in the aggregate two square feet of sign area for each linear foot of building frontage. No such sign area shall be required to be less than 40 square feet, nor shall it exceed 200 square feet. Where frontage is on more than one street, each frontage shall be considered a separate frontage for the purpose of this section. However, the total area for all building-mounted signs facing a separate street shall not exceed 200 square feet.

(2)

On lots containing buildings housing more than one tenant, sign area for building-mounted signs for each tenant shall not exceed two square feet for each linear foot of building frontage occupied by that tenant, with a maximum sign area for that respective tenant of 200 square feet. No such sign area shall be required to be less than 40 square feet. Where frontage is on more than one street, each frontage shall be considered a separate frontage for the purpose of this section. However, the total area for all building-mounted signs facing a separate street shall not exceed 200 square feet.

(3)

The following types of building-mounted signs shall be permitted:

a.

Projecting signs; provided that, such signs shall not project nearer than five feet from any property line.

b.

Roof signs; provided that, such signs shall not project above the roof line.

c.

Signs attached to the vertical face of a marquee; provided that, such signs shall not project below the lower edge of the marquee, nor shall they extend above the vertical marquee face.

d.

Wall signs.

e.

Signs on awnings; provided that, such signs shall be limited to the drop leaf, and letters shall not exceed eight inches in height.

f.

Signs attached to the bottom of a marquee, or signs attached under a roof overhang, shall not exceed five square feet in area.

(4)

In addition to building-mounted signs, freestanding signs shall be permitted. The area permitted for freestanding signs shall be in addition to that permitted for building-mounted signs.

a.

Freestanding signs shall not exceed in the aggregate 150 square feet and shall not extend higher than 25 feet. No more than two freestanding signs shall be permitted for each tenant on the premises, unless otherwise specified, and no sign shall exceed 75 square feet in area. No freestanding sign shall project nearer than five feet from any property line.

b.

No more than one freestanding sign, limited in area to 150 square feet, shall be permitted for a shopping center, and it shall not extend higher than 30 feet. Such sign shall indicate only the name of the shopping center and/or a business use or combination of business uses within the center. No other freestanding sign shall be permitted; except that an individual enterprise with a direct access to a highway defined as a thoroughfare street in the comprehensive plan shall be permitted one freestanding sign, not to exceed 75 square feet in area, and limited in height to 25 feet. No freestanding sign shall project nearer than five feet from the property line.

(5)

All signs shall have a minimum clearance of ten feet above a walkway and 15 feet above a driveway or alley.

(6)

Temporary grand opening signs shall be permitted; provided that, such signs shall not be displayed more than 30 days and no such sign shall exceed 25 square feet. A permit is required.

(7)

Temporary signs advertising special sales shall be permitted; provided that, such signs shall not be displayed more than 30 days and no such sign shall exceed 25 square feet. A permit is required.

(8)

No more than one directory sign, limited in area to 80 square feet and a height of 20 feet, shall be permitted per entrance from a street or highway. Directory signs are freestanding signs, illuminated or nonilluminated, which identify the principal businesses within an industrial development area. The signs shall not advertise products or services. The dimensions of each principle business sign shall not exceed one foot by six feet. Directory signs shall be located on private property within the industrial development area, and shall not project into any public right-of-way, existing or proposed to be dedicated by the landowner. Such signs and their locations shall not obstruct or interfere with traffic, sight distance, signals and public signs.

(h)

Signs in all districts. The following signs shall be permitted in all districts, except as otherwise provided in this chapter, and shall not require a sign permit. The area of any sign shall not be included in computing the aggregate sign areas specified for individual districts.

(1)

Temporary signs shall be unilluminated and limited to the following types:

a.

Construction signs which identify the architects, engineers, contractors, and other individuals or firms involved with the construction, but not including any advertisement of any product; and signs announcing the character of the building enterprise or the purpose for which the building is intended, during the construction period, to a maximum area of 32 square feet for each firm. The signs shall be confined to the site of the construction and shall be removed within seven days after completion of the construction.

b.

Real estate signs advertising the sale, rental, or lease of the premises, or part of the premises on which the signs are displayed. The total aggregate sign area shall not exceed 12 square feet; however, a total sign area of 40 square feet shall be permitted when such signs are set back 25 feet from the front lot line, and in commercial and industrial districts, signs may be as large as otherwise would be allowed for a permitted use in that district.

c.

Street banners advertising a public entertainment or event, if specifically approved by the council and only for locations designated by the council, during and for seven days after the event for which they were made.

d.

Store window signs on or within store windows relating to the business conducted within, or to amusement or civic, religious, cultural, educational, or charitable activities.

e.

Signs advertising bona fide fair, carnival, festival, bazaar, horse show, or other event; provided that, all such signs shall be removed within seven days after the last day of the event to which they pertain. No such sign shall exceed 25 square feet in area in any R district; and, in any district other than an R district, no such signs shall exceed in area the maximum area of sign display permitted on any lot in that district.

f.

Seasonal displays and decorations not advertising a product, service, or entertainment.

g.

Notwithstanding any other provision of this Code, the council may, in its sole discretion, permit certain temporary signs for recently opened businesses or businesses adversely affected by roadway improvements or other construction. Temporary signs for recently opened businesses or businesses adversely affected by roadway improvements or other conditions are permitted with a valid sign permit as set-forth in this subsection.

(1)

Permits for such signs may be granted by the town council, provided that:

a.

The applicant can clearly demonstrate that the business submitting the application has been in operation for less than six months or that they are adversely affected by roadway construction. Adverse impact attributed to construction may be demonstrated by, but not limited to, the following criteria:

i.

Rerouting of traffic which limits or affects normal access to the business.

ii.

Construction which eliminates permanent signs or obscures clear vision of the business from traveling public.

b.

The applicant shall make application for the temporary sign in accordance with subsection 70-14(b)(1)—(4).

c.

Each application shall be accompanied by a written staff report which shall be furnished to the council.

d.

The permit for such sign shall expire 30 days after completion of the roadway improvements or construction, and in no case shall such permit exceed more than one year, except that such permit may be renewed annually, if the adverse conditions imposed by the construction continue to exist.

e.

Any such sign placed on the property of another shall be accompanied by written permission from the owner of record which shall be signed and notarized. Permission shall be for the term of the permit.

f.

Signs shall not be permitted in the highway or street right-of-way.

g.

No more than two such temporary signs shall be granted under the authority of this section.

h.

No individual sign permitted under this section shall contain a display area larger than 25 square feet.

i.

The area of any sign granted under the authority of this subsection shall not be included in computing the aggregate sign areas allowed for individual districts.

j.

Signs permitted under this subsection shall be subject to such conditions as the council may deem reasonable, including but not limited to, limitations as to the hours of display, or the specific configuration or placement of such sign or signs.

(2)

Any informational or directional sign or historic marker, erected by a public agency, which may include signs displayed by the city to give directions to business districts and commercial facilities for the convenience of the traveling public.

(3)

Unilluminated signs not exceeding five square feet in area, warning against hunting, fishing, or trespassing on the land on which the same are displayed.

(4)

Wall or freestanding signs in a parking lot to identify entrances, exits, and divisions of the lot into sections, and to control vehicular and pedestrian traffic in the lot, provided each sign does not exceed five square feet in area.

(5)

Wall or freestanding signs, not exceeding a total of 50 square feet in area, for the identification of a subdivision or planned development, if located at the entrance to the subdivision or planned development.

(6)

Institutional signs setting forth the name or any simple announcement for any public, charitable, educational, or religious institute, located entirely within the premises of that institution, and not exceeding in the aggregate 25 square feet of sign area. Such signs shall be either wall or freestanding signs and, if freestanding, shall have a minimum clearance of ten feet above a walkway and 15 feet above a driveway or alley.

(7)

Names of buildings, dates of erection, monumental citations, commemorative tables, and the like when carved into stone, concrete, or of a similar type construction and made an integral part of the structure.

(8)

Signs required to be maintained by law or governmental order.

(9)

Signs which are within a ball park or other similar public or private recreational use and which cannot be seen from a public street or adjacent properties.

(10)

Flags, emblems, or insignia of the United States, the commonwealth, the town, other countries and states, religious groups, civic organizations and service clubs.

(11)

Small signs displayed for the direction of the traveling public, including signs which identify restrooms, the location of public telephones, freight entrances or the like, with a total area not to exceed five square feet per sign.

(12)

Small signs, each of which has a total area not exceeding two square feet, placed by a public utility, showing the location of underground facilities.

(13)

Official notices or advertisements posted or displayed by or under the directions of any public or court officer in the performance of his official duties; provided that, all such signs shall be removed not later than seven days after the last day of the period for which the same are required to be displayed in order to accomplish their purposes.

(14)

Small signs not exceeding two square feet in area, attached flat against the building, not illuminated, announcing only the name and occupancy of the building tenant.

h.

Temporary signs for religious institutions and nonprofit organizations. Religious institutions and nonprofit organizations are permitted to display a temporary banner sign, onsite up to a 30-day period, four times annually. The banner sign shall not exceed 20 square feet in size. Such signs are permitted in order to advertize special programs, events and grand openings. A permit is required.

(i)

Signs prohibited in all districts. The following types of signs are prohibited in all districts:

(1)

Any sign that violates any provision of any law of the state or federal government relative to outdoor advertising.

(2)

Any sign that violates any provision of the Uniform State-wide Building Code.

(3)

Any sign that obscures a sign or signal displayed by a public authority for the purpose of giving traffic instructions or directions or other public information.

(4)

Any sign which advertises an activity, business, product, or service no longer conducted or sold on the premises upon which the sign is located.

(5)

Any sign that uses the word "stop" or "danger" or otherwise presents or implies the need or requirement of stopping or caution or the existence of danger, or which is a copy or imitation of or which for any reason is likely to be confused with any sign displayed by a public authority.

(6)

Any sign within the triangular area at the street corner of a corner lot described in section 70-18.

(7)

Any sign that obstructs any window, door, fire escape, stairway, ladder, or opening intended to produce light, air, ingress, or egress for any building, as required by law.

(8)

Any sign of which all or any part is in motion by any means, including fluttering, rotating, or other moving signs set in motion by movement of the atmosphere. This shall not apply to the hands of a clock or a weathervane.

(9)

Any sign that contains or consists of banners, posters, pennants, ribbons, streamers, strings of light bulbs, spinners, or other similarly moving devices. These devices, when not part of any sign, shall be similarly prohibited unless specifically permitted by this chapter.

(10)

Any sign, except official notices and advertisements, which is nailed, tacked, posted, or in any other manner attached to any utility pole or structure for supporting wire, cable, or pipe, or to any tree on any street or sidewalk or to public property of any description.

(11)

Any sign attached to a chimney, tower, tank, or structure of like kind which extends above the district height limits.

(12)

Any sign located above the roofline of a building.

(13)

Any outdoor advertising sign.

(14)

Portable signs, or as allowed in this chapter for temporary signs/banners.

(15)

Any sign attached to, or placed on, a vehicle or trailer parked on public or private property, except for signs displayed on vehicles that are decals, magnetic signs or painted on vehicles used in the daily function of the business to which such signs relate.

(j)

Illumination.

(1)

The light from any illuminated sign shall not cause direct glare into or upon any building or property other than the building or property to which the sign may be related.

(2)

No colored lights shall be used at any location or in any manner so as to be confused with, or constituted as, traffic control devices.

(3)

Neither the direct, nor reflected light from primary light sources shall create a traffic hazard to operators of motor vehicles on public thoroughfares.

(4)

No exposed reflective-type bulbs and no strobe or incandescent lamp which exceeds 15 watts shall be used on the exterior surface of any sign so as to expose the face of the bulb, light, or lamp to any public street or adjacent property.

(5)

Electronic display signs shall be permitted in the following ways:

a.

Electronic display signs require a sign permit as provided in section 70-14(b) of this chapter.

b.

Electronic display signs are only permitted on public property and for public use, or as a part of an approved comprehensive sign plan within the PMUD or B-1 zoning districts. All electronic display sign requirements shall apply to comprehensive sign plans.

c.

Any electronic display signs shall contain only static messages, changed through subtle transitions that do not have the appearance of moving, scrolling, fading, flashing, or travelling text or images.

d.

Each message shall be displayed for a minimum of five seconds between transitions.

e.

The electronic display sign shall contain a default mechanism that shall cause the sign to revert immediately to a black screen if the sign malfunctions.

f.

The background of the sign face of the electronic display shall not be white, off- white, or yellow.

g.

The electronic display shall include a photocell to control brightness and shall automatically dim at sunset to a nighttime level of 40 to 100 nits.

h.

Electronic display signs shall be permitted as freestanding signs, or as a building sign that is approved as part of a comprehensive sign plan.

i.

Unless a comprehensive sign plan is submitted, only one electronic display sign is allowed per lot, such that the electronic display portion of a freestanding sign shall not exceed 75 square feet and the electronic display portion of a building-mounted sign shall not exceed one and one-half times the building's linear frontage. Additional electronic signs with additional size maximums may be permitted as part of a comprehensive sign plan.

j.

The area of the display screen or the portion of an electronic display sign that can otherwise change its content shall not exceed more than 50 percent of the maximum allowable area of that freestanding sign.

k.

When in the viewshed of residential community(s), the comprehensive sign plan shall define the hours of operation of the electronic display sign.

(k)

Nonconforming signs.

(1)

Signs, other than outdoor advertising signs, which do not conform to the regulations and restrictions prescribed for the zoning district in which they are situated, but which were erected in accordance with all applicable regulations in effect at the time of their erection may remain erected only so long as the then existing use which they advertise or identify remains.

(2)

No nonconforming sign shall be worded so as to advertise or identify any use other than that in effect at the time it became a nonconforming sign; however, signs designed for and used to display changeable messages may continue to be used for that purpose.

(3)

No nonconforming sign shall be moved on the same lot nor to another lot unless the moving will relocate the sign into a zoning district or an area in which it will conform.

(4)

No nonconforming sign shall be altered except in conformity with the provisions of this section. If damaged to an extent greater than 50 percent of its replacement value, it shall not be rebuilt.

(5)

Any sign which is not in conformity with the provisions of this section, and which is not or ceases to be a lawful, nonconforming sign, shall be subject to removal under the provisions of subsection (n) of this section.

(l)

Relocation of a lawfully erected billboard sign. Notwithstanding section 70-582 and section 70-14, except that an electronic display sign shall continue to require a sign permit as provided in section 70-14(a), a lawfully erected billboard sign with a state permit from the virginia department of transportation may be relocated by reason of a public street or highway realignment or condemnation proceedings. Such relocated billboard sign may be converted to an electronic display sign and shall be a conforming sign if:

(1)

The owner of such sign provides at least 30 days prior written notice to the zoning administrator of such public street or highway realignment or condemnation proceedings;

(2)

The dimensions of the reconstructed sign shall not be greater than as stated on the state permit;

(3)

Such reconstruction shall be completed no later than 18 months after the date of issuance of a permit by the town ; and

(4)

Such relocated sign shall be relocated on property zoned commercial or industrial in compliance with federal and state laws and regulations.

(m)

Appearance of signs. All signs shall be maintained in good working condition so as to present a neat and orderly appearance. The zoning administrator may cause to be removed any sign which shows gross neglect, which became dilapidated, or which has ground area around it that is not well maintained.

(n)

Removal of signs. The zoning administrator may order the removal of any sign erected or maintained in violation of this chapter. He shall give 30 days' notice in writing to the owner of such sign or of the building, structure, or premises on which such sign is located to remove the sign or to bring it into compliance. Failure to comply shall constitute grounds for the zoning administrator to have the sign removed at cost to the owner.

(o)

Abandoned signs. A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business which it advertises is no longer on the premises. If the owner or lessee fails to remove it, the zoning administrator shall give the owner 30 days' notice in writing to remove such sign. Failure to comply shall constitute grounds for the zoning administrator to have the sign removed at cost to the owner.

(p)

Structural requirements. All signs shall meet the structural requirements for same as set forth in the uniform state-wide building code.

(Code 1990, § 15-13; Ord. of 1-18-1979, § 12-11; Ord. of 1-5-1988(2), § 1; Ord. No. 0-2005-03, § 1, 12-7-2004; Ord. of 5-3-2005; Ord. of 6-5-2007, § 1; Ord. No. O-2013-002, 1-8-2013; Ord. No. O-2021-006, 3-16-2021; Ord. of 10-5-2022(1); Ord. of 10-3-2023(2); Ord. of 10-17-2023(1); Ord. No. 24-O-2, Exh. A, 1-9-2024; Ord. No. 24-ORD-08, § 1 (Exh. A), 4-16-2024)

(a)

No yard or other space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or other open space for any other building, and no yard or other open space on one lot shall be considered as providing a yard or open space on any other lot.

(b)

Every part of every required yard shall be open and unobstructed from the ground to the sky, except as provided in this section or as otherwise permitted in this chapter.

(c)

Unenclosed porches or terraces not over three feet above the ground, except for railings and roof structures, may extend five feet into a required front yard, ten feet into a required rear yard, and three feet into a required side yard; provided that, any such structure having a roof shall not extend into any required yard area to a greater distance than one-half the required yard depth or width.

(d)

An open, unenclosed paved terrace may project into the required front yard for a distance not exceeding ten feet.

(e)

Chimneys, fireplaces, or pilasters may not project over two feet into a required yard.

(f)

Open or lattice-enclosed fire escapes shall not project over five feet into a required yard.

(g)

An unenclosed carport, attached to a dwelling, may extend into any required side yard a distance of not more than five feet, but not nearer to any side lot line than a distance of five feet.

(Code 1990, § 15-14; Ord. of 1-18-1979, § 12-12)

(a)

In all districts, accessory buildings or structures shall not be located in a front or side yard area, unless specifically provided for elsewhere in this chapter.

(b)

Accessory structures shall not exceed 15 feet in height in any residential district.

(c)

In nonresidential districts, no setback from side or rear lot lines shall be required, except the minimum side and rear yard adjoining or adjacent to a residential district shall be five feet.

(d)

If a garage is entered from an alley, it shall not be closer than five feet to the alley line in any district.

(e)

Accessory buildings permitted in rear yards of residential areas shall not exceed a combined total of 50 percent of the main structure.

(f)

No accessory building shall be constructed upon a building site until the construction of a main building has actually been commenced; and no accessory building shall be used unless the main building on a lot is completed and used.

(Code 1990, § 15-15; Ord. of 1-18-1979, § 12-13)

The setback and yard requirements of this chapter shall not be deemed to prohibit any fence, wall, or hedge which is less than four feet high; however, a fence or wall along the rear lot line or along a side lot line to the rear of the required front setback line may be erected to a height not exceeding eight feet.

(Code 1990, § 15-16; Ord. of 1-18-1979, § 12-14)

On a corner lot in any residential district, requiring a front yard of 20 feet or more, no obstructions shall be permitted which exceed a height of 2½ feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots, and a line joining points along such street lines 25 feet from the point of intersections.

(Code 1990, § 15-17; Ord. of 1-18-1979, § 12-15)

No building shall be erected on any land and no change shall be made in the existing contours of any land, including any change in the course, width, or elevation of any natural or other drainage channel, in any manner, that will obstruct, interfere with, or substantially change the drainage from such land to the detriment of neighboring lands. Factors to be considered in determining substantial change shall include the recommendations of any storm drainage study in effect for the town. In his administration of this requirement, the zoning administrator shall refer any application submitted to him to the town engineer for a determination in the matter.

(Code 1990, § 15-18; Ord. of 1-18-1979, § 12-16)

Every building erected after January 18, 1979, shall be located on a building site as defined in this chapter, such lot having its principal frontage on a public street of record, except as otherwise permitted in this chapter for townhouses and planned development. This section shall apply only to land acquired after January 18, 1979.

(Code 1990, § 15-19; Ord. of 1-18-1979, § 12-17)

No building, structure, sign, merchandise, or other obstruction shall be located or constructed on any public right-of-way.

(Code 1990, § 15-20; Ord. of 1-18-1979, § 12-18)

The following temporary activities, and activities of a similar nature, may be administratively approved in any zoning district by the zoning administrator through the issuance of a temporary use permit when, in the administrator's judgment, the public health, safety and welfare will not be impaired, and when the use is not so recurring in nature as to constitute a permanent use, and when the following enumerated conditions are met:

(1)

Roadside stands for the temporary retail sales of seasonal and holiday goods, excluding fireworks, for a period not to exceed 30 consecutive days, and provided that:

a.

No structure of a permanent nature shall be constructed;

b.

Removal of temporary structures shall be guaranteed in writing, and such structures shall be removed within 48 hours after permit expiration;

c.

Written approval of the owner of the site shall be obtained. This approval shall identify the site address, owner's name, owner's mailing address, owner's telephone number, owner's acknowledgment of proposed activity and dates activity is to operate;

d.

Adequate and safe ingress and egress, such that the normal traffic pattern shall not be disrupted, shall be provided;

e.

Removal of all freestanding signs, trash, or debris from the site and the immediate vicinity, upon termination of the activity shall be guaranteed in writing, and accomplished within 24 hours after permit expiration;

f.

Documentation or a letter of permission shall be provided stating the specific location of rest rooms that will be available to the applicant throughout the duration of the activity. Adequate sanitary facilities shall be provided at the site, if deemed necessary by the administrator, for the intended activity and, when necessary, shall be approved by the health department;

g.

A bond, cash escrow or other suitable guarantee in the amount of $100.00 shall be provided to insure that conditions of the permit will be met;

h.

The bond or other guarantee, required by subsection (a)(1)g., of this section, shall be forfeited to the town if the site is not adequately cleared of all trash debris, signs and temporary structures, the activity remains on the site after expiration of the permit, or violations of this section or the conditions of the permit are established (but nothing in this forfeiture provision shall limit the town's ability to enforce this section in any manner provided by law);

i.

No more than four such permits shall be issued for the same lot during a calendar year; and

j.

Adequate parking for the activity intended, but no less than four parking spaces, shall be provided on-site. Parking or stopping in public rights-of-way shall be prohibited, unless approved by the state department of transportation and/or the town public works department.

(2)

Carnivals, circuses, craft fairs, concerts, flea markets, car shows, meetings, religious activities not held on church property, business catered events, and similar outdoor activities, for a period not to exceed 14 days, provided that:

a.

All the standards of subsections (1)a. through (1)f., of this section shall be met;

b.

Carnivals and circuses shall be sponsored by a town or the county nonprofit benevolent, religious, educational, patriotic, civic or charitable organization or recognized chapter thereof;

c.

Adequate parking for the intended activity shall be provided on the site or on property immediately contiguous to the site. Parking or stopping in public rights-of-way shall be prohibited unless approved by the state department of transportation and/or the town public works department;

d.

A bond, cash escrow or other suitable guarantee in the amount of $250.00 shall be provided to insure that conditions of the permit will be met;

e.

The bond, or other guarantee, required by subsection (2)d., of this section shall be forfeited to the town if the site is not adequately cleared of all trash, debris, signs and temporary structures, the activity remains on the site after expiration of the permit, or violations of this section or the conditions of the permit are established (but nothing in this forfeiture provision shall limit the town's ability to enforce this section in any manner provided by law; and

f.

No more than six such permits shall be issued for the same lot during a calendar year.

(3)

Yard sale. The sale of used or unwanted household goods being personal items, held on private property. The temporary sale of goods will be allowed provided that they shall not be held on: Rt. 1, Main Street, Fraley Boulevard, Graham Park Road, and Rt. 234. Yard sales may be held, provided that:

a.

A permit is obtained from the town prior to the event, and will be issued free of charge;

b.

Permits shall only be issued to property owner/s or to a tenant with written permission by the property owner/s;

c.

No more than three permits will be issued per lot in a 12-month period;

d.

All yard sale permits are temporary in nature and shall be valid for no longer than two days;

e.

All merchandise and staging equipment must be removed at the conclusion of the sale;

f.

A setback of ten feet must be maintained from any street, front, side, or rear yard;

g.

Temporary signs may be allowed in accordance with section 70-14 of the Zoning Ordinance, however signs for yard sales may not be displayed longer than five days prior to the event, and must be removed once the sale is over;

h.

This section shall not pertain to businesses displaying/selling wares outdoors on their property.

(4)

Temporary roadside food vendors. The purpose of this subsection is to reasonably control the activities of temporary roadside food vendors for the health, safety and well-being of the people residing in the town and the general public. The town council finds that solicitation of business by temporary roadside food vendors may on private property interfere with property owners and residents' right to privacy and peaceable and quiet enjoyment of their property. The town council also is committed to leaving open ample opportunities for legitimate temporary roadside food vendors, and prohibits any unlawful discrimination in the application of this chapter. Temporary roadside food vendors who sell food from a lunch wagon, truck, push cart, or vehicle from which food is sold on private property with legal access to a public right-of-way, no more than 12 hours a day, six days a week, may be issued an annual permit as provided by this section, provided that:

a.

Signs, trash, trash receptacles, debris or any other indicia of the vending business are prohibited to remain overnight and shall be removed from the permitted site(s) each day.

b.

The food vending unit(s) are located in any district zoned B1, B2, FBO1 or M1.

c.

In the interest of protecting the public health, safety and welfare the following conditions must also be met:

1.

(1) A signed lease or rental agreement, or (2) Written approval of the owner of the property shall be obtained in advance of obtaining any permits under this section. This approval shall identify the property address, the property owner's:

i.

Name;

ii.

Owner's mailing address;

iii.

Owner's telephone number;

iv.

Owner's acknowledgment of the proposed vending activity; and

v.

Dates and times the food vending is to occur. A copy of this written approval must be in the possession of the vendor when operating pursuant to his/her roadside food vendor permit.

2.

Allowable hours of operation for food vending shall be dawn to dusk.

3.

Vendors are not permitted on publicly-owned property or public rights-of-way, except as specifically permitted by other town-sponsored events. Vendors may not be permitted to vend at their permitted locations(s) during town-sponsored events. Notice of the dates and times of town-sponsored events will be included with the annual permit.

4.

Adequate and safe ingress and egress, such that the normal traffic pattern shall not be disrupted, shall be provided as determined by the chief of police or his designee.

5.

Adequate parking for the vendor, employees and customers on site is required. A minimum of four parking spaces shall be provided for customers on-site. Parking or stopping in public rights-of-way is prohibited.

6.

A schematic site plan diagramming the area of operation, parking, placement of signs, and trash receptacles shall be furnished to and approved by the zoning administrator prior to issuance of a permit.

7.

Signage shall not exceed 20 square feet in total area. Free standing signs are limited to sandwich board type signs no higher than four feet in height.

8.

A bond, cash escrow, or other suitable guarantee payable to the town in the amount of $1,500.00 shall be provided to insure that conditions of the permit and this article will be met. Such guarantee in the amount of $1,500.00 for each permitted vending location shall be required. Repeated violations of the conditions of the permit shall result in the forfeiture of the bond, payable to the town as stated in subparagraph (xv) below.

9.

Evidence of business liability insurance issued by a company licensed to do business in the Commonwealth of Virginia with coverage for claims of damage to property and bodily injury, including death, which may arise from the vending operations with a combined single limit of liability of not less than $100,000.00 per occurrence shall be furnished to the zoning administrator prior to issuance of a permit. Said policy must include an endorsement naming the town as an additional insured and provide the town with at least 30 days' prior written notice before any cancellation or termination.

10.

Removal of all freestanding signs, trash, or debris from the site and the immediate vicinity, upon termination of the activity shall be guaranteed by the vendor in writing and accomplished daily. Should trash, debris or signs remain overnight, the applicant will be subject to a verbal and a written warning (as confirmation of the verbal warning). Any subsequent violation shall result in revocation of the permit, meaning that the permit is void. The applicant will be subject to enforcement of this article pursuant to the terms of this article and any other applicable town codes. Vendors whose permit has been revoked shall be ineligible to apply for and obtain any additional (new or renewal) permit for a period of 12 months after the revocation.

11.

The bond or other guarantee, required by subsection (xi) of this section, shall be forfeited to the town if the site is not adequately cleared of all trash, debris, and signs daily, the activity continues or remains on the site after expiration of the permit, or if there are violations of this section or the conditions of the permit. (but nothing in this forfeiture provision shall limit the town's ability to enforce this section in any manner provided by law). All other applicable laws will be enforced.

12.

No more than two such permits shall be issued for the same property lot or GPIN at any time. It is expressly understood that every location may not be suitable for one or two roadside food vendors.

13.

No permit shall be issued unless the vendor has received and furnished evidence of a valid permit or certification from the Virginia Department of Health to prepare (if preparation or cooking is involved) and/or sell food.

14.

Vendors shall:

i.

Pay an annual permit fee of $250.00; and

ii.

Be required to pay meals tax pursuant to article V of chapter 58 of the Dumfries Town Code, as amended, from time to time.

d.

Enforcement. In addition to forfeiting the bond referenced in sections 70-22(4)(d)(xi) and (xv) above, vendors who violate the conditions of their permit or any provisions of this article shall be guilty of a class IV misdemeanor, punishable by a fine of $250.00. Each day that a violation of this article or the conditions of permit continue shall constitute a separate offense.

(Ord. of 8-1-1995, § 1(15-21); Ord. of 8-7-2007(1), § 1; Ord. No. O-2014-008, 9-9-2014; Ord. No. O-2018-011, 4-3-2018; Ord. No. O-2018-023, 9-4-2018; Ord. of 10-17-2023(2))

(a)

Temporary use permits shall be issued in accordance with the following standards:

(1)

Each activity or event shall be separated by a period of not less than 30 consecutive days from the previous event on that lot, unless otherwise provided by this article.

(2)

No violation of law occurs in connection with the activity. Any illegal activity shall be grounds for immediate termination of the permit by the zoning administrator. Termination of the permit for this or other proper reason shall be accomplished by posting a notice of violation at the temporary use site.

(b)

Only one temporary use permit can be active on a lot at any time, unless an event or activity is sponsored, managed or operated by a nonprofit organization, and in the judgment of the zoning administrator, adequate space exists for two temporary uses and the goals of section 70-22 et seq., are not jeopardized. In the event the zoning administrator so finds, no more than two events or activities can be active on the same lot at the same time.

(c)

Nonprofit organizations shall submit a copy of tax exempt status or other documentation with the temporary use permit application to demonstrate bona fide nonprofit or not for profit status.

(d)

For any temporary activity sponsored, managed or operated by a nonprofit organization, a representative from the nonprofit organization shall be present at the activity at all times it is in operation.

(e)

All temporary activities and any appurtenant structures, signs, goods and other features must be set back from any public right-of-way at least 20 feet.

(f)

No temporary use permit shall be issued to an applicant until at least 30 days after any permit issued to that applicant on an adjoining lot has expired.

(g)

The zoning administrator may deny approval of all temporary activities on a site for a period of up to one year if any temporary activity is commenced without or prior to all required approvals by the town or other agencies, or the conditions of a previously issued permit were violated.

(h)

Temporary activities authorized in accordance with section 70-22 shall be subject to all other applicable town permits and approvals including, but not limited to; schematic layouts, occupancy permits, hazardous use permits, itinerant vendor licenses, sign permits and similar requirements.

(i)

Additional conditions may be required, as deemed reasonable and necessary by the zoning administrator, for any temporary activity.

(Ord. of 8-1-1995, § 1(15-22); Ord. No. O-2018-011, 4-3-2018; Ord. No. O-2018-023, 9-4-2018)

(a)

The alteration or consolidation of any existing property lines of a lot that is located on an existing street, and where four or fewer lots are involved and no new streets are required to be built and installation of new sewer and water mains are not required, shall be approved, or disapproved, by the zoning administrator, subject to the property owner submitting a certified boundary plat showing the location of all existing and proposed structures on the lot and acknowledgment to comply with this chapter in all respects.

(b)

In cases were a lot or parcel has been previously subdivided, altered or consolidated pursuant to the provisions of this section, any future resubdivision shall be submitted for approval by the town council.

(Ord. of 2-4-2003(4), § 1)

(a)

It shall be unlawful for the owner or occupant of any property zoned and/or used for commercial, office, industrial, or multiple family residential uses to cause or permit the accumulation on such property of any trash, refuse, garbage or litter except in appropriate containers as set forth herein.

(b)

The owner or occupant of any such properties shall place on his or her property a sufficient number of suitable receptacles acceptable to the Virginia Department of Health for holding all trash, litter, refuse, and garbage generated on the property until such time as it may be properly disposed of in a lawful manner and place.

(c)

The receptacles described in subsection (b) hereof shall be enclosed on a minimum of three sides with any combination of landscaping and/or screening so as to completely screen views of such receptacles from all public streets and adjoining properties. No trash receptacle is permitted to be visible from Jefferson Davis Highway, Main Street, Fraley Boulevard, Graham Park Road, or Dumfries Road.

(d)

The dimensions, construction materials, design, and specifications of any dumpster pad associated with the trash receptacles and screening shall conform to the most recently adopted Virginia Uniform Statewide Building Code.

(Ord. No. O-2017-010, 9-5-2017)