Edinburg City Zoning Code
ARTICLE III
Supplementary Regulations
§ 175-13 Fences.
[Amended 5-8-2001]
A.
No fragile, readily flammable material, such as paper, cloth or canvas, shall constitute a part of a fence, nor shall any such materials be employed as an adjunct or supplement to any fence.
B.
No fence shall be constructed within a street right-of-way.
C.
Fences shall not exceed a height of four feet as measured from the topmost point thereof to the ground or surface along street right-of-way and running to front of structure in a commercial or residential zone.
D.
Fences shall not exceed a height of eight feet as measured from the topmost point thereof to the ground or surface and shall be limited to the area starting at the front of a structure and running to the rear in a commercial or residential zone.
E.
Fences surrounding industrial sites, public playgrounds, institutions or schools may not exceed a height of 14 feet.
§ 175-14 Safe and convenient access required.
Every building hereafter erected or moved shall be on a lot adjacent to a public street, and all buildings shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.
§ 175-15 Minimum off-street parking.
A.
There shall be provided at the time of erection of any main building or at the time any main building is enlarged or at the institution or enlargement of any use minimum off-street parking space in the amount stated for use in this chapter with adequate provisions for entrance and exit. Two hundred square feet (10 feet by 20 feet) of lot or floor area shall be deemed parking space for one vehicle. All parking spaces and access driveways shall be covered with an all-weather surface, unless as otherwise herein provided, and shall be graded and drained to dispose of surface water. No surface water from any parking area shall be permitted to drain onto adjoining property as set forth in § 175-19G.
B.
A driveway or parking space shall be at least three feet from a property line, and no parking space for a multiple-family dwelling shall be less than 10 feet from a residential structure on the lot unless as otherwise herein provided for townhouses and apartments.
C.
There shall be provided at the time of the erection of any principal building or structure or at the time that any principal building or structure is altered, enlarged or increased in size not less than the parking space in the amounts stated herein. Minimum off-street parking space required may be reduced when the capacity and use of a particular building is changed in such a manner that the new use or capacity would require less space than before the change. Should a nonconforming structure or use be enlarged or extended or should a use or structure be nonconforming because of parking requirements, additional parking requirements need only be based on the requirements for the enlarged or expanded portion.
D.
The parking spaces required for one- and two-family dwellings shall be located on the same lot as the dwellings. The parking spaces required for other uses shall be located on the same lot as the principal use or on a lot which is within 300 feet of the principal use, such distance to be measured along lines of public access to the property.
E.
Collective provision of off-street parking facilities for two or more structures or uses is permitted, provided that the total number of parking spaces is at least equal to the sum of the minimum number of required spaces computed separately for each use. Collective parking is subject to all parking requirements.
F.
For all residential dwelling units there shall be provided, either in a private garage or on the lot, space for the parking of two automobiles for each dwelling unit in a new building unless as otherwise herein provided for townhouse and apartments.
[Amended 12-27-2005]
G.
Tourist homes, rooming houses, boardinghouses, hotels and motels shall provide on the lot parking space for one automobile for each guest room or residence unit, plus one additional space for each 10 guest rooms or residence units, plus required parking for any restaurant and/or assembly space, plus one space for each employee on maximum shift.
H.
For church and school auditoriums and for theaters, general auditoriums, stadiums and other similar places of assembly, there shall be provided at least one off-street parking space for every four fixed seats, based on the maximum seating capacity in the main place of assembly for the building. For assembly halls without fixed seats, there shall be provided one parking space for each 100 square feet of usable floor area. Parking space already provided to meet off-street parking requirements for stores, office buildings and industrial establishments lying within 300 feet of the place of public assembly as measured along property lines and not in use on Sundays or between the hours of 6:00 p.m. and 12:00 midnight on other days may be used to meet not more than 75% of the off-street parking requirements of a church or other similar place of public assembly.
[Amended 8-12-1998]
I.
For public or private nursery, day-care, kindergarten, elementary, intermediate or high schools, there shall be provided one parking space for each teacher, employee or administrator, whether full or part-time, whose activities are conducted between the hours of 8:00 a.m. and 4:00 p.m. in addition to the requirements of the auditoriums.
J.
For nursing and convalescent homes, there shall be provided at least one parking space for each six beds or fraction thereof.
K.
For retail and wholesale stores selling directly to the public, there shall be provided one parking space for each 250 square feet of retail or wholesale floor space in the building that is open to the public unless otherwise specified by the Town Council.
[Amended 3-9-2016]
M.
For funeral homes and mortuaries, there shall be one parking space for each four seats in chapels or parlors with fixed seats, and one parking space for each 100 square feet of floor area for assembly rooms without fixed seats for services, plus five parking spaces for employees in both instances noted above.
N.
For restaurants (other than drive-in eating establishments), there shall be provided at least one parking space for each four seats, or one space for each 50 square feet of gross floor area, whichever is greater. In addition, one parking space shall be provided for each employee on maximum shift.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
O.
For office buildings, offices of professionals, personal services establishments or medical and dental clinics, there shall be provided one parking space for each 200 square feet of floor space occupied by the office or personal service or clinic. This regulation applies to new construction only. There shall be no off-street parking requirement for an existing structure which is being converted to a professional office building.
P.
For industrial establishments or wholesale establishments, not selling directly to the public, there shall be provided one parking space for each employee computed on the basis of the maximum number of individuals employed within an eight-hour shift, plus space to accommodate all trucks and other vehicles used in connection with the building.
Q.
Any commercial building not listed above and hereafter erected, converted or structurally altered shall provide one parking space for each 100 square feet of business floor space in the building.
R.
Every parcel of land hereafter used as a public parking area shall have appropriate guardrails or stops where needed as determined by the Administrator. Any lights used to illuminate said parking areas shall be so arranged as to reflect the light away from adjoining residential uses.
S.
Regardless of § 175-15J through R set forth above, properties within the Designated Historic District of the Town of Edinburg may request by special application the waiving of any or all minimum off-street parking requirements. Said permit shall be subject to such conditions as required in this chapter and those that the Town Council, upon recommendation of the Planning Commission, deems necessary to carry out the intent of this chapter. Any approved waiver of parking requirements shall remain in effect for such a time as the continued operation or use originally applied for and shall expire when the continued operation or use is discontinued. An approved waiver of parking requirements shall become null and void if the proposed use has not began operation within 12 months of approval.
[Added 9-3-1991; amended 3-14-2006]
§ 175-16 Off-street loading.
A.
On the same premises with every building, structure or part thereof erected and occupied for uses involving the receipt or distribution of vehicles, materials or merchandise, there shall be provided and maintained on the lot adequate space for standing, turning, loading and unloading services in order to avoid interference with public use of the streets and alleys.
B.
Such space or spaces shall be a minimum of 15 feet wide and 45 feet in length with a minimum clear height of 15 feet. Off-street truck loading space shall be provided at a rate of one space for the first 10,000 square feet or less of gross floor area, plus a minimum of one additional space for each additional 40,000 square feet of gross floor area or part thereof. For the purpose of this section, gross floor area shall also include gross outdoor storage area, whether covered or uncovered.
§ 175-17 Signs.
The maximum permitted size of signs and type of signs allowed shall be in accordance with the following regulations:
A.
All zoning districts. In all zoning districts, the following signs shall be permitted:
(1)
Official traffic signs and other official federal, state, county or Town government signs of any size and type.
(2)
Temporary signs announcing a campaign drive, political campaign or event of a civic, philanthropic, educational or religious organization, provided that such sign shall not exceed 12 square feet in area and shall be removed seven days after the completion of the drive, campaign or event.
(3)
Signs offering the sale or rental or stating the future use of the premises upon which such signs are erected, provided that the combined area of such signs shall not exceed 24 square feet.
(4)
One temporary sign of each contractor or developer, and one sign for all combined subcontractors, erected and maintained on the premises where the work is being performed, provided that the area of each such sign shall not exceed 18 square feet, and provided that such sign shall be removed upon completion of the work.
(5)
Trespassing signs; signs indicating the private nature of a road, driveway or premises; and signs controlling fishing or hunting on the premises, provided that the area of any such sign shall not exceed four square feet.
B.
Residential districts. In residential districts, the following signs shall be permitted:
(1)
Home occupation or nameplate sign displaying the name and address of the occupant or the profession or activity of the occupant of a dwelling, provided that not more than one such sign shall be erected for each permitted use of the lot and provided that the area of each sign shall not exceed two square feet and provided that each such sign shall be fixed flat on the main wall of such building or may be erected in the front yard, but not within a street right-of-way.
(2)
Sign, bulletin, announcement board or identification sign for schools, parks or playgrounds, churches, hospitals, clubs or other principal uses and buildings other than dwellings on the same lot therewith for the purpose of displaying the name of the institution and its activities or services, provided that the area of any such sign shall not exceed 24 square feet and not more than one such sign shall be erected or displayed on each street frontage.
(3)
Subdivision signs, not exceeding 24 square feet in area, for the purpose of advertising or identifying a housing development or subdivision, when erected or displayed on the property so advertised or identified at least 10 feet from the front lot line, provided that only one such sign shall be erected or displayed facing any one street on the perimeter of such development or subdivision.
C.
Signs for multifamily dwellings. The following signs shall be permitted:
(1)
Freestanding real estate signs for advertising the sale or rental of the premises upon which the sign is erected, provided that the total area of the sign does not exceed 24 square feet, that there shall be no more than one such sign on any one lot on the same street frontage and that no sign shall be erected so as to stand higher than one of the buildings it advertises.
(2)
Directional signs, not to exceed two square feet each, erected within a housing development to direct persons to a rental office or sample unit.
(3)
Permanent identifying signs for the purpose of indicating the name of the multifamily project and for the purpose of identifying the individual buildings within the project. Not more than one sign for each entrance to the project from a public street to identify the name of the project shall be permitted, and no such sign shall exceed 10 square feet in size. Signs to identify the individual buildings within the project shall not exceed six square feet in size.
D.
Commercial District.
(1)
Any sign permitted in a residential zone shall be permitted.
(2)
Signs advertising only the general business conducted on the premises upon which such signs, as listed below, are erected or displayed shall be permitted.
(3)
Signs permitted within a Commercial District shall be erected or displayed only on such walls of a building as face a street, alley or parking area, or as freestanding signs upon the lot, subject to the following provisions as to size and location:
(a)
One-story building. The total area of all signs facing a street, alley or parking area shall not exceed one square foot for each foot of building width facing such street, alley or parking area, but in no case shall the aggregate of all such sign or signs exceed 100 square feet. This applies to signs which are only affixed to the building, not freestanding signs.
(b)
First-floor businesses in a multistory building. The total area of all signs facing a street, alley or parking area shall not exceed one square foot for each foot of building width facing such street, alley or parking area, but in no case shall the aggregate of such sign or signs exceed 100 square feet. All such signs shall be kept within a height of 20 feet above the sidewalk.
(c)
Above the first floor of multistory buildings containing one or more businesses above the first floor. The total area of all signs facing a street, alley or parking area on any wall above the twenty-foot height specified in Subsection D(3)(b) immediately above shall not exceed 40 square feet or 1/40 of the area of that wall above such twenty-foot height, whichever is greater.
(d)
Multistory buildings occupied by one business only. Where entire buildings over one story in height are occupied by one business, a total sign area of 100 square feet facing any street, alley or parking area or 1/40 of the wall area facing such street, alley or parking area, whichever is greater, may be substituted for the allowable sign areas specified in Subsection D(3)(b) and (c) immediately above, and in such case, the sign may be located without regard to the twenty-foot height provision contained above.
(e)
Signs on windows advertising occupants, etc. Signs advertising only the name of the occupant or a store, office or building, the business or occupation conducted or the products sold therein may be placed on shop windows, provided that not more than 20% of the area of such windows shall be covered. The area of such signs shall not be included in determining the total area of signs erected or displayed and shall not include temporary signs for special rules.
(f)
Projection and height of signs. A sign may be erected or displayed flat against a wall or at an angle thereto, but no sign shall project beyond the established setback line unless as otherwise herein indicated. The bottom of a sign, the area of which exceeds six square feet, erected flat against a wall, shall not be less than eight feet above the sidewalk, alley or parking area. The bottom of a sign projecting from a wall shall not be less than 10 feet above a walkway, parking area or alley.
(g)
Roof signs. No roof signs shall be permitted.
(h)
Freestanding signs. Freestanding signs upon a lot may be erected or displayed only where drive-in service or parking is provided. However, no freestanding sign shall be located closer than 10 feet to a side lot line, provided that not more than one such freestanding sign shall be permitted for any building or building unit having a street frontage with such drive-in service area, parking area or building setback. Freestanding signs shall not be erected more than 30 feet above the grade and shall not exceed 60 square feet in area. For the purpose of this section, all lot lines facing streets shall be considered front lot lines.
(i)
Identification signs. Identification signs for shopping centers consisting of three or more separate businesses and having a continuous street frontage of at least 200 feet shall be permitted, and the area of such signs shall not be included in the total area of signs otherwise permitted in this section for separate businesses. The total area of such identification signs for any shopping center shall not exceed one square foot for each foot of street or alley frontage, nor shall the total area of such signs facing any street or alley exceed 150 square feet.
(j)
Advertising theater acts. Signs advertising the acts or features to be given in a movie theater or theaters may be displayed on permanent cases or frames erected on theater buildings in accordance with the provisions of this section as to size and location, provided that the bottom of any such case or frame erected flat against a wall may be less than eight feet above the sidewalk, alley or parking area; provided, further, that when the area of any such case or frame facing a street, alley or parking area does not exceed 48 square feet, the area of the signs displayed thereon shall not be included in determining the total area of signs erected or displayed.
E.
Industrial District. Any sign permitted in a Commercial District shall be permitted, provided that the allowable area of any such sign where it faces a commercial or industrial zone shall be 1 1/2 times the allowable area specified in Subsection D of this section.
F.
Supplemental sign regulations.
[Amended 11-14-2023]
(1)
Illuminated signs. Signs may be backlit, internally lighted, or directly/indirectly lighted with external lighting. External lighting shall not be red, green or amber in color and shall be properly screened from adjacent properties. Electronic changeable copy signs that consist of electronically changing text and symbols, including but not limited to a sign with a digital display such as LCD, LED, or plasma display, shall be permitted within the Commercial District. The message display on such electronic signs shall not change in intervals of less than five seconds or it shall be considered a flashing sign. The message shall not move or appear to move, in which case if it does it shall be considered an animated sign. No flashing or animated types of sign shall be permitted.
(2)
Sign construction. All signs, except temporary signs, shall be constructed of durable material and kept in good condition and repair.
(3)
Banners, feather flags, inflatable signs, and balloon signs. Banners are signs made from a flexible material that is designed to be installed with attachments at each of the four corners, or affixed to a bracket support attached to a pole or wire support. Feather flags are portable signs with a message attached to a flexible pole and resemble a feather, sail or teardrop in shape. Inflatable signs are air inflated objects, which may be of various shapes, made of flexible fabric, resting on the ground or a structure and equipped with a portable blower motor that provides a constant flow of air to the device. Balloon signs consist of a balloon tethered in a fixed location, which has a sign on its surface or attached to the balloon in any manner. Banners, feather flags, inflatable signs, and balloon signs are all considered temporary signs that may be left in place as long as they remain relevant and in good condition and repair. When used along roadways, care must be taken to assure that these types of signs do not impede sight distances for vehicles entering or traveling the roadway. Owners may be required to relocate or remove the sign if this is the case and shall be asked to remove any such sign that is no longer relevant or in good repair.
(4)
Manual changeable copy and marquee signs. Both of these types of signs may be wall mounted, attached to a marquee over a building’s main entrance, or freestanding. They may be internally lighted or directly/indirectly lighted with external lighting as permitted in § 175-17, Subsection F(1). Their size shall be limited by the total area of permitted signs for a specific building or application as set forth in § 175-17, Signs.
(5)
Nonconforming signs. Nonconforming signs, once removed, shall be replaced only with conforming repainted or repaired signs, provided that such repainting or repairing does not exceed the dimensions of the existing sign.
G.
Billboards are prohibited in all districts.
H.
Permit required. A sign permit shall be required before a sign is erected, altered or relocated, except as otherwise provided herein.
(1)
Applications. Each application for such permit shall be accompanied by plans showing the area of the sign; the size, character and design proposed; 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 the sign erector.
(2)
Fees. Fees for sign permits shall be as determined by the Town Council.
(3)
Nullification. 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.
(4)
Permit exceptions. 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 on a theater marquee and similar approved signs which are specifically designed for the use of replaceable copy.
§ 175-18 Shopping centers.
Shopping centers shall be in single ownership or under a guaranteed unified management control. Shopping centers shall consist of an harmonious selection of uses and groupings of buildings, service and parking areas, circulation and open space, and shall be subject to the following provisions:
A.
Permitted principal uses shall be as follows:
(1)
Stores for the sale of goods at retail or the performance of customary personal services or services clearly incidental to retail sales.
(2)
Business, professional or banking offices.
(3)
Restaurants, cafes or similar places serving food and/or beverages.
(4)
Parking areas for transient auto vehicles, but not the storage of new or used motor vehicles for sale.
(5)
Gasoline service stations.
(6)
Drive-in establishments, except theaters.
B.
Permitted accessory uses. Only the customary accessory uses associated with a commercial district shall be permitted, provided they are limited to the same lot as the principal use.
D.
Supplementary regulations.
(1)
Off-street parking and loading. Off-street parking shall be provided on the premises at a rate of one off-street parking space for every 100 square feet of gross floor area. Parking shall be permitted in the areas required for front, side and rear yard setbacks. All parking areas shall be suitably paved with permanent hard-surface coverings. Off-street loading spaces for establishments shall be provided in accordance with § 175-16.
(2)
Access and traffic controls. All means of ingress or egress from the shopping center to any public street or state highway shall be located at least 200 feet from any other intersecting street or streets and shall be designed to conduct traffic in a safe manner. The developer shall be responsible for the purchase and erection of any necessary traffic control devices and the construction of additional acceleration or deceleration lanes or service walks as may be required by the State Department of Transportation or by the Town.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(3)
Interior circulation. Interior accessways shall be designed so as to prevent the blocking of vehicles entering or leaving the site. Areas provided for loading or unloading of trucks and/or other vehicles or for servicing of stores for rubbish collection or other services shall be adequate in size and shall be so arranged that they may be used without blocking or interfering with interior circulation and parking facilities.
(4)
Lighting. Lighting for building, signs, access ways and parking areas shall be so arranged as not to reflect toward public streets or cause any annoyance to surrounding property owners or residents.
(5)
Shopping cart storage. Where deemed necessary, areas on the site for the storage of shopping carts or mobile baskets shall be provided. Storage areas shall be clearly marked and designated for the storage of shopping carts and/or mobile baskets.
(6)
Storage of trash or rubbish. Storage areas for trash and rubbish shall be completely screened, and all organic rubbish shall be contained in containers with tightly fitting lids. No such storage area shall be permitted within any required yard space, except such areas may be located in the required rear yard.
(8)
Development plan required.
(a)
Prior to the issuance of a special use permit, 10 copies of a development plan shall be submitted to the Zoning Administrator for review by the Administrator, Planning Commission and Town Council. Such plan shall comply with the provisions of this section and Article IV, Site Plan Requirements.
(b)
The development plan shall contain the following data, together with other supplementary data for a particular development, as deemed necessary by the Planning Commission or Town Council:
[1]
Title insurance policy or attorney's certificate showing the owner or owners of the subject property, marketable title to the subject property in such owner or owners, the source of the applicant's title or interest in the subject property and the place of record of the latest instrument in the chain of title for each parcel constituting the tract.
[2]
Total area of the tract.
[3]
Abutting street names, width and route numbers.
[4]
Owners, zoning districts and uses of each adjoining tract.
[5]
Topographic map with minimum contour intervals and scale acceptable to the Administrator.
[6]
A concept plan, illustrating the location and functional relationship among all proposed land uses.
[7]
Land use plan or plans showing the location and arrangement of all proposed land uses, including the height and number of floors of all buildings both above and below finished grade; the building setbacks and yard areas from the development boundaries and adjacent streets, roads, alleys and ways; the proposed traffic circulation pattern, including the location and width of all streets, driveways, walkways and entrances to parking areas; all off-street parking and loading areas; all proposed open space areas, including common open space, dedicated open space and developed recreational open space; the approximate location of existing and proposed utility systems of sanitary sewer, storm sewer, water, electric, telephone and gas lines, along with any necessary easements.
[8]
Statements or plans relating to all covenants, restrictions and conditions pertaining to the use, maintenance and operation of common spaces and the percentage of the tract to be used as open space.
[9]
A statement in tabular form of the anticipated commercial floor area.
[10]
When the development is to be constructed in stages or units, a sequence- of-development schedule showing the order of construction of each principal functional element of such stages or units and a cost estimate of all improvements within each stage of unit.
[11]
A plan or report indicating the extent, timing and estimated cost of all off-site improvements, such as road, sewer and drainage facilities, necessary to construct the proposed development, which plan or report shall relate to the sequence of development schedule if the development is to be constructed in stages or units.
[12]
Where required by the Planning Commission, a traffic impact analysis, showing the effect of traffic generated by the project on surrounding roads.
§ 175-19 Townhouses.
[Amended 12-27-2005]
A.
Area regulations shall be as follows:
(1)
Minimum lot size for townhouse construction: 15,000 square feet.
C.
Minimum yard requirements shall be as follows:
(1)
Front yard: 30 feet from road right-of-way line, unless otherwise required by the Town.
(2)
Rear yard: 40 feet, each townhouse dwelling.
(3)
Side yard: 20 feet for each end unit.
(4)
Open space: 4,000 square feet of open space shall be provided for each five townhouse units. Side yard areas may be utilized to meet this requirement provided they remain public space to be managed by a nonprofit association, corporation, trust or foundation as described in § 175-19E(2).
D.
Maximum building height shall be 45 feet from grade.
E.
Management of common open space.
(1)
Should the units be for sale or rental, a nonprofit association, corporation, trust or foundation for all individuals or corporations owning residential property within the planned development shall be established to ensure the maintenance, management and/or operation of open spaces and/or recreation parks.
(2)
The developer must establish the organization prior to the sale of any lots or rental of any units.
(3)
Membership in the organization shall be mandatory for all residential property owners, present or future, within the planned community.
F.
Parking facilities.
(1)
Off-street parking shall be provided on the premises at the rate of three spaces for each townhouse unit. Each space shall be a minimum of 10 feet by 20 feet. Parking shall not be located in any yard area but shall be located in common parking areas only. A garage shall not count as an off-street parking space.
(2)
Required parking spaces shall be provided on the same lot as the group of buildings served.
(3)
Entrance- and exitways to common parking areas shall have a minimum width of 12 feet for each lane of traffic entering or leaving the site but shall at no time exceed 30 feet in width at the street line. Parking shall not be permitted in the entranceway.
(4)
Common parking areas shall be set back at 15 feet from the property line of the development.
(5)
No parking space shall be located closer than 10 feet to any townhouse unit.
(6)
Lighting for required parking areas and roadways within a townhouse development shall be provided by historic style streetlights and poles common to other areas of the Town. Fixtures shall be purchased through the Town and installed by the developer. Once installed and operating, the responsibility of maintenance and operation shall become the Town's. Installation is to be coordinated with electric utility to allow for separate monthly billing to the Town for electric service.
G.
Drainage. A storm runoff and drainage system shall be installed by the developer in accordance with sound engineering practice so as to adequately drain the project site, to adequately dispose of all runoff and drainage away from the project site and so as not to permit excess flow of water across streets or adjoining properties. Plans for such drainage systems shall be submitted for approval with the application for the permit.
H.
Storage of trash and rubbish. Exterior storage areas for trash and rubbish shall be required by the Town. Such areas shall be well-screened on three sides and contain vermin-proof containers.
I.
Site plan review and approval. Site plans drawn in accordance with Article IV shall be reviewed by the Planning Commission and approved or rejected by the Town Council.
J.
Frontage on dedicated public street. Each townhouse and/or townhouse parking area access road shall front on a dedicated public street meeting State Department of Transportation and Town standards.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
K.
Curbs and gutters. Concrete curbs and gutters shall be installed along both sides of all new streets within the development. However, should a new street act as a boundary for townhouse developments, curbs and gutters need only be installed on the side of the street adjacent to the development.
L.
Parking area walkways. Walkways of a minimum of four feet in width, constructed of concrete or brick, shall be installed from common parking areas to the front of all townhouse structures served by such parking areas.
M.
Cul-de-sac. The radius of cul-de-sac shall be at least 50 feet. No more than 20 dwelling units shall be served by any cul-de-sac.
N.
Accessory buildings. Accessory buildings are not permitted, except that on any lot there may be an enclosed storage shed not exceeding 10 feet in length by 10 feet in width.
O.
Road standards. All roads shall meet with State Department of Transportation standards.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
P.
Parking lot finishing. Parking lots shall have at least a spray-coat finish, six gravel with two-coat treatment.
Q.
Water and sewer. All developments must be connected to a public water and public sewer system. Each unit shall have its own individual public water and sewer connection.
R.
Townhouse designs. A combination of any or all of the following items shall be utilized to vary the facades of the dwelling units in a townhouse structure: changes in front yard, variation of materials, variation of architectural detail and design of facades and rooflines, balconies, roofed porches, bay windows and other approved elements. The design of buildings shall be submitted to the Planning Commission for review and approval as part of the site plan review process.
§ 175-20 Apartments and short-term rentals.
[Amended 12-27-2005]
A.
Area regulations. The minimum lot size for apartment developments is 10,000 square feet for an apartment structure having three units, with an additional 2,000 square feet of lot area for each additional unit above three. There shall be no more than 10 units contained in any one structure.
B.
Minimum lot width shall be 50 feet at the setback line.
C.
Minimum yard requirements. No structure shall be located closer than 20 feet to any lot line when the structure is in an R-3 District nor closer than 20 feet to any lot line when the structure is in a C District.
D.
Maximum building height shall be 45 feet from grade.
E.
Management of open space.
(1)
Four thousand square feet of open space shall be provided per each five apartment units.
(2)
Should the units be for rent or sale, a nonprofit association, corporation, trust or foundation of all individuals or corporations owning residential property within the planned development shall be established to ensure the maintenance, management and/or operation of open spaces and/or recreation parks.
(3)
The developer must establish the organization prior to the sale or rental of any units.
(4)
Membership in the organization shall be mandatory for all residential property owners, present or future, within the planned community.
F.
Distance between structures. No structure shall be located closer than 40 feet at any point to another structure.
G.
Parking facilities.
(1)
Off-street parking shall be provided on the premises at the rate of three spaces for each apartment unit as approved by the Planning Commission.
(2)
Parking areas shall not be designed or located so as to require or encourage cars to back into a public street in order to leave the lot.
(3)
Entrance and exit ways to parking areas shall have a minimum width of 12 feet for each lane of traffic entering or leaving the site but shall at no time exceed 30 feet in width at the street line.
(4)
Lighting for required parking areas and roadways within an apartment development shall be provided by historic style streetlights and poles common to other areas of the Town. Fixtures shall be purchased through the Town and installed by the developer. Once installed and operating, the responsibility of maintenance and operation shall become the Town's. Installation is to be coordinated with electric utility to allow for separate monthly billing to the Town for electric service.
H.
Drainage. A storm runoff and drainage system shall be installed by the developer in accordance with sound engineering practice so as to adequately drain the project site, to adequately dispose of all runoff and drainage away from the project site and so as not to permit excess flow of water across streets or adjoining properties. Plans for such drainage system shall be submitted and approved with application for the permit.
I.
Storage of trash and rubbish. Exterior storage areas for trash and rubbish shall be required by the Town. Such areas shall be well-screened on three sides and contain vermin proof containers.
J.
Site plan review and approval. Site plan drawn in accordance with Article IV shall be reviewed by the Planning Commission and approved or rejected by the Town Council.
K.
Other regulations for all apartment construction.
(1)
Each apartment structure and/or apartment parking area shall have access on a street which meets the Town standards.
(2)
Concrete curb and gutters shall be installed along both sides of all new streets within the development. However, should a new street act as a boundary for an apartment development, curbs and gutters need only be installed on the side of the street adjacent to the development.
(3)
Walkways of a minimum of four feet in width, constructed of concrete or brick, shall be installed from central parking areas to all apartment structures served by such parking areas.
(4)
The radius of cul-de-sac shall be at least 50 feet. No more than 20 dwelling units shall be served by any cul-de-sac.
(6)
All rental units must have smoke detectors.
L.
Regulations for short-term rentals.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1)
Short-term rental owners shall be subject to the following requirements:
(a)
The owner shall obtain a zoning permit to be reviewed on an annual basis by Town staff. The owner shall obtain an annual business license and pay appropriate transient occupancy tax to Shenandoah County.
(b)
If the owner of a short-term rental does not reside at the property or locally, the owner shall designate a local property representative. The owner or representative shall be available to respond, physically, within one hour to complaints regarding the condition, operation, or conduct of occupants of the short-term rentals. The name, address, and telephone number of the owner and/or a local property representative shall be kept on file with the Town. If the owner does not reside at the rental property but lives locally and is able to respond as required, they may function as the local property representative.
(c)
Prior to issuance of a zoning permit, the Shenandoah County Building Official or their technical assistant must do a life safety inspection of the short-term rental to ensure that all applicable Virginia Uniform Statewide Building Code requirements are met; including, but not limited to, regulations regarding fire extinguishers, carbon monoxide detectors, and emergency exits.
(d)
The owner of a short-term rental shall give the Town and the Shenandoah County Building Department written consent to inspect the rental property to ascertain compliance with all applicable performance standards upon a twenty-four-hour notice.
(e)
Emergency information must be conspicuously posted inside the property, including contact information for the owner and/or local property representative.
(f)
All short-term rentals shall meet parking requirements of the applicable zoning district, plus one additional off-street parking space per available guest room, in order to accommodate rental guests.
(g)
The owner shall provide an informational packet to each new guest. Review of this information packet is required upon issuance of a zoning permit. The information must include, but is not limited to:
[1]
Maximum occupancy.
[2]
Location of off-street parking.
[3]
Town Code references to applicable noise regulations.
[4]
Use restrictions as included in the applicable zoning district.
[5]
Guidelines for trash storage and removals.
[6]
Evacuation routes in case of fire or emergency.
[7]
Owner or local property representative contact information.
(h)
If the operator of the short-term rental is not the property owner, written consent from the property owner must be submitted with the application for a zoning permit.
(2)
In addition to § 175-20L(1), bed-and-breakfast establishments shall be subject to the following requirements:
(a)
Permitted only in single-family dwellings with a special use permit in all residential districts. Permitted by right in the Commercial District.
(b)
A maximum of five guest rooms in main structure, with a maximum occupancy of 15 persons.
(c)
Food service shall be limited to the breakfast meal and shall be available only to guests and not to the general public in any residential district.
(d)
Receptions, private parties, or other events, shall be permitted for registered guests only.
(e)
Any amenities such as tennis court, swimming pool, etc., shall be solely for the use of the resident owner and guests of the facility.
(f)
Provisions applicable to bed-and-breakfast establishments as required by the Uniform Statewide Building Code shall be met.
(g)
Any permits required from the Shenandoah County Health Department shall be obtained.
(h)
The maximum length of stay for each guest shall be 30 days or less.
(i)
The owner(s) or property representative shall be available to respond in person within one hour to complaints regarding condition, operation, or conduct of occupants of the bed-and-breakfast establishment.
(j)
A bed-and-breakfast shall have frontage on an improved public street.
(k)
One off-street parking space shall be provided for each guest room.
(3)
Penalties.
(a)
A zoning permit for a short-term rental may be revoked or suspended for the following reasons:
[1]
Three or more substantiated complaints including, but not limited to, noise, excess trash, failure to meet parking requirements and exceeding occupancy limits.
[2]
The repeated failure of any short-term rental or bed and breakfast owner to respond physically, in a timely manner, to complaints regarding the condition, operation, or conduct of occupants.
§ 175-21 Nursing, convalescent and rest homes.
In addition to the requirements of the district in which the nursing, convalescent or rest home is located, such uses shall show that they meet the following requirements prior to Town approval:
A.
All state rules and regulations for the licensing of such uses shall be applicable.
B.
All requirements of the State Health Department and Fire Marshal's Office regarding such uses shall be applicable.
C.
Architectural barriers, such as stairs, for residents of such establishments shall be overcome to the greatest extent possible. Additional safety features, such as handrails in various areas, shall be installed.
§ 175-22 Professional offices.
A.
All activity and equipment, other than parking, must be housed in a fully enclosed building.
B.
No noise or odor produced as a result of activity in such offices shall be discernible beyond the boundaries of the lot.
C.
All vehicular access to the site shall be from a street which meets Town standards for streets.
D.
No display in the building other than signs shall be visible from the outside of the building.
§ 175-23 Temporary trailers and mobile homes.
Temporary trailers and mobile homes are not allowed by the Edinburg Town Code, Chapter 152.