Elkton City Zoning Code
ARTICLE VII
Use Regulations
§ 110-701 Area regulations.
Area and density regulations are provided by district in the lot regulations in the individual districts and in Table 2, Lot Regulations for Manufactured Homes, Parks and Subdivisions, and Table 3, Lot Regulations by District, incorporated herein as Subsection C, and made a part hereof:
A.
Modification of yard requirements. Yard requirements may be modified to provide:
(1)
An uncovered porch may project into a required front yard for a distance not exceeding 10 feet.
(2)
A patio may be included as open space in meeting open space requirements and may be included as yard area in meeting yard dimension requirements, provided that no structure is closer than five feet to the property line. No patio or open court area may be located in the front yard of a lot without adequate screening.
(3)
Minimum setback requirements of this chapter for yards facing streets shall not apply to any lot where the average setback on developed lots within the same zoning district and fronting on the same street is less than the minimum. In such as, the setback on such lot may be less than the required setback but not less than the average of the existing setbacks on the existing developed lots.
(4)
Signs advertising sale or rent of premises may be erected up to the property line.
C.
Lot regulations by district shall be as provided in Table 3[1] below.
[Added 4-17-2017]
[1]
Editor's Note: Table 3 is included as an attachment to this chapter.
D.
In the event any of the terms or provisions included in other sections of this Code differ from the provisions included in Table 3,[2] the provisions in the other sections of the Code shall supersede the provisions in Table 3.
[Added 4-17-2017]
[2]
Editor's Note: Table 3 is included as an attachment to this chapter.
§ 110-702 Additional buildings and structures on a single lot.
The Town Council may permit additional buildings on the same lot or parcel as follows:
A.
Additional dwellings. Additional dwellings on a single lot may be permitted, provided that:
(1)
The arrangement of such additional dwellings is in such a manner that all requirements of the Virginia Highway Department, Virginia Department of Health, or this chapter are fulfilled, with the exception of area requirement.
(2)
On lots having more land than required for two structures, the arrangements of such additional dwellings are in such a manner so that if the lot or parcel of land is ever subdivided no substandard lots are created. Provision of access open to the sky at least 15 feet in width is required.
B.
Temporary buildings. Temporary buildings used in conjunction with construction work only may be permitted in any district but shall be removed immediately upon completion or abandonment of construction.
C.
Satellite antennae shall not be permitted in the front yard of any lot. No portion of a satellite antenna will be closer than five feet to the side or rear lot line.
§ 110-703 Off-street parking.
Off-street motor vehicle parking space shall be provided on certain lots in accordance with this chapter.
A.
Parking space requirements for certain districts. In all districts except Downtown Business District B 1, the following requirements apply:
(1)
If an off-street parking space cannot be reasonably provided on the same lot on which the main use is conducted, such space may be provided on other off-street property, provided that such space lies within 600 feet of the property line of such main use.
(2)
The required number of parking spaces for any number of separate uses may be combined in one lot, but the required space assigned to one use may not be assigned to another use at the same time.
(3)
Area reserved for off-street parking in accordance with the requirements of this chapter shall not be reduced in the area, encroached upon or changed to any other use unless the use which it serves is discontinued or modified.
(4)
Off-street parking existing at the effective date of this chapter in connection with the operation of an existing building or use shall not be reduced to an amount less than hereinafter required for a similar new building or use. Existing off-street parking which is provided in an amount less than the requirements stated hereinafter shall not be further reduced.
B.
Site requirements. All off-street parking spaces shall be laid out, constructed, and maintained in accordance with the following requirements:
(1)
All such parking spaces, except those serving one- and two-family dwellings, shall be hard surfaces with concrete or plant bituminous material and shall be maintained in dustproof condition.
[Amended 11-17-2008]
(a)
The minimum pavement section for privately owned and maintained parking areas (including drives within parking areas) shall consist of a six-inch aggregate base course (VDOT 21-A) and a two-inch bituminous surface course (VDOT 5-5) based on a California bearing ratio (CBR) value of 10, or equivalent standard for concrete.
(b)
Where the average CBR value is less than 10, an additional one inch of subbase shall be required for each point, or part thereof, less than 10.
(2)
Lighting facilities shall be so arranged that light is reflected away from adjacent properties.
(3)
All such parking spaces shall be adequately drained.
(4)
All such parking spaces shall be connected by a driveway to a paved street or paved alley.
[Amended 11-19-1990]
(5)
Parking space size shall be 200 square feet. Parking space width shall be 10 feet; parking space length shall be 20 feet. Two-way drives shall be a minimum of 22 feet in width.
[Added 4-18-2005]
(6)
When after review of an application and hearing thereon in accordance with § 110-802C herein, a special use permit may be approved for a multifamily senior dwelling so that the parking surface for no more than 0.5 space per unit may be of an alternative surface than required in Subsection B(1) herein if the conditions, as determined by Council, are met. Access to and from the building from the public street, including turnaround areas, cannot be impeded by the alternative surface parking area.
[Added 11-17-2008]
C.
Parking space requirements for all districts except B-1 Business. In all districts, there shall be provided adequate off-street motor vehicle parking spaces with vehicular access to a street or alley, and shall be equal in area to at least the minimum requirement for the specific land use set forth, including but not limited to the following:
[Amended 12-18-2000; 11-17-2008; 4-18-2016]
Land Use | Parking Requirements (spaces) | |
|---|---|---|
Dwellings: | ||
One and two families | 2 for each dwelling unit | |
Multifamily, senior | 1.5 for each dwelling unit | |
Multifamily, townhouses | 2 per dwelling unit | |
Hotel, motels | 1 for each bedroom plus 1 additional space for each 2 employees | |
Mobile home parks/ subdivisions | 2 per manufactured home | |
Travel trailer parks | 1 for each travel trailer, motor home, or camper | |
Boarding and rooming houses, dormitories, transitional housing facility/living center | 2 for the proprietor; 1 for each 2 employees plus another if there is an odd number of employees; 1 for each sleeping room | |
Bed-and-breakfast facilities, limited | 2 for the proprietor; 1 for each 2 employees plus another if there is an odd number of employees; 1 for each sleeping room | |
Public assembly: | ||
Newly constructed churches and other places of worship. | 1 for each 4 seats in the main auditorium or sanctuary | |
Private clubs, lodges and fraternal or sorority buildings not providing overnight accommodations | 1 for each 50 square feet | |
Theaters, auditoriums, coliseums, stadiums, and similar places of assembly | 1 for each 4 seats | |
Schools, including kindergartens, play schools, and day-care centers | 1 for each employee, including teachers and administrators, plus 10 spaces per classroom for high schools and colleges | |
Skating rinks, dance halls, exhibition halls, pool rooms, and other places of amusement or assembly without fixed seating arrangements | 1 for each 50 square feet of floor area | |
Bowling alleys | 4 for each alley | |
Health facilities: | ||
Hospitals and similar uses | 1 for each 2 beds, plus 1 for each staff doctor, plus 1 space for each 2 employees, on the maximum working shift | |
Kennels and animal hospitals | A net parking area equal to 30% of the total enclosed or covered area | |
Medical, dental and health offices and clinics | At least 10. Three additional parking spaces shall be furnished for each doctor and dentist having office in such clinics in excess of 3 doctors or dentists plus 1 space per each 2 staff and employees. | |
Homes for adults and similar uses | 1 for each 4 beds plus 1 for every 3 employees | |
Businesses: | ||
Automobile repair establishments | 1 for each 300 square feet, with a minimum of 10 spaces | |
Food stores | 1 for each 200 square feet of floor area designated for retail sales only | |
Restaurants, including, bars, cafes, taverns, nightclubs, lunch counters, and all similar dining and/or drinking establishments | 1 for each 4 seats provided for patron use plus 1 per employee on average shift | |
Office buildings, including banks, business, commercial and professional offices and buildings but not including medical, dental, and health offices and clinics | 1 for each 300 square feet of ground floor area plus 1 for each 500 square feet of upper floor space | |
General business, commercial or personal service establishments catering to the retail trade | 1 for each 200 square feet of floor area designated for retail sales | |
Governmental offices | 1 for each 300 square feet of ground floor area plus 1 for each 500 square feet of upper floor area and 1 for each governmental vehicle | |
Shopping centers | 1 per 200 square feet of retail sales area | |
Furniture stores | 1 for each 1000 square feet of gross floor area | |
Public utilities, such as telephone exchanges and substations, and electric power and gas substations | 1 for each employee on the maximum shift plus a parking area equal to 25% of the gross floor area | |
Mortuaries and funeral parlors | 5 per parlor unit, or 1 per 4 seats, whichever is greater | |
Industries: | ||
Manufacturing and industrial establishments not catering to the retail trade | 1 for each 3 employees on the maximum working shift plus 1 for each company vehicle or mobile equipment operating from the premises | |
Wholesale establishments | 1 for every 50 square feet of customer service area, plus 2 for each 3 employees on the maximum working shift plus 1 for company vehicle operating from the premises |
§ 110-704 Junk storage and automobile graveyards. [1]
§ 110-705 Home occupations.
[Amended 5-16-1994]
This chapter uses a permit approach to the control of home occupations to ensure compatibility of home occupations with surrounding residential uses. Custom or traditions are not to be considered as criteria for the evaluation of home occupations. The Zoning Administrator may request advice from the Planning Commission as appropriate.
A.
Uniform requirements. A home occupation, where permitted, must meet the following uniform requirements:
(1)
The applicant shall be the owner of the property on which the home occupation is to be located or, if the applicant is a tenant, shall have written approval of the owner of the property.
(2)
The home occupation shall be operated only by the members of the family residing on the premises.
(3)
All substantive activity related to the home occupation shall occur within either the dwelling unit or an accessory building, and no evidence of the home occupation shall be visible from outside such building.
(4)
The area used for the home occupation shall not exceed an amount equal to 25% of the floor area of the dwelling unit, whether such use occurs within the dwelling unit or in an accessory building.
(5)
The home occupation shall not produce obnoxious odors, glare, noise, vibration, electrical disturbance, or other conditions detrimental to the character of the surrounding area and, in general, shall give no evidence of nonresidential character of use other than through the use of a sign meeting requirements for professional name plates, as spelled out in § 110-706C(3).
[Amended 4-18-2005]
(6)
The home occupation shall not generate more than three customer or vehicle arrivals on the premises during any twenty-four-hour period, including deliveries and couriers, but excluding the vehicle arrivals of those persons engaged in the home occupation.
(7)
The building in which the home occupation is to be located shall be an existing structure ready for occupancy and not a proposed structure.
(8)
Additional off-street parking may be required upon the recommendation of the Zoning Administrator.
(9)
The applicant for a home occupation shall present the recommendation of the Elkton Fire Department with regard to the proposed use of the structure.
(10)
Business licenses have been obtained for the activity and all business license taxes are paid within the time required under Article VII.
(11)
Special requirements, reasonable to the preservation of the character of the surrounding area, may be imposed as conditions of the permit in addition to the requirements set forth in this subsection.
B.
Expiration and revocation. A special exception permit for home occupations shall expire or be revoked under the following conditions:
(1)
A permit shall expire whenever the applicant ceases to occupy the premises for which the home occupation permit was issued. No subsequent occupant of such premises shall engage in any home occupation until such person shall have been issued a new permit after proper application.
(2)
A permit shall expire whenever the holder fails to engage in a home occupation for any period of six consecutive months.
(3)
Upon the request of the Zoning Administrator or upon its own motion, the Town Council may revoke a permit if it finds that the holder of the permit has failed to comply fully with the uniform requirements set forth above or with any special requirements of the permit. The permit holder shall be given reasonable notice of a hearing for the consideration of such revocation and shall have the opportunity to present facts and argument and to question witnesses supporting the revocation.
§ 110-706 Signs.
[Amended 11-15-1990; 7-20-1992; 8-16-1993; 9-20-1993; 2-21-1994; 5-19-1997; 12-18-2000; 11-7-2007; 4-18-2011; 4-16-2012; 9-17-2018]
A.
Purpose. The purpose of the sign ordinance is to promote and protect public health, welfare, and safety. It is intended to protect property values for all residents, create a more attractive community, enhance and protect the scenic and natural beauty of the Town of Elkton, minimize driving distractions, and maximize open space. This is to be accomplished while providing an attractive and economic business climate consistent with the Town's goals stated in the Town's Comprehensisvie Plan to establish and maintain architectural integrity of the Town and to maintain a small town atmosphere.
B.
Signs regulated. This section covers all signs temporary or permanent that are located outside of a building. Further definitions can be found in § 110-302 of this Code book.
C.
General requirements.
(2)
All signs must comply with state and federal requirements if along federal-aid primary highways, or interstate highways. The most restrictive requirements will apply.
(3)
No sign or sign structure shall be located in such a manner as to materially impede the view of any road, sidewalk, road intersection, neighboring structure, or railroad crossing.
(4)
No sign shall be erected, relocated, or maintained in a manner that prevents free ingress to or egress from any door, window, or fire escape.
(5)
No sign shall be placed on a public right-of-way or sidewalk without a permit. Any signs placed on a public right-of-way or sidewalk shall not interfere with pedestrian or vehicular traffic.
(6)
No sign shall purposefully distract the attention of passing motorists on any roads by loud and blatant noises, flashing or scrolling messages, or movable objects.
(7)
No sign shall be painted or applied directly on a fence, tree, fire escape, accessory building, road sign or utility pole, nor shall any sign be located within a public right-of-way.
(8)
No sign shall contain the word "stop" or "danger" prominently displayed which is likely to be confused with a traffic control sign or any other sign displayed by a public authority, or be a copy or imitation official traffic control signs.
(9)
No portion of any elevated sign structure shall be less than seven feet above the level of an adjacent sidewalk or other pedestrian thoroughfare, whether developed or undeveloped; or, less than 16 feet above the level of an adjacent public driveway, alley, or street. This excludes official road markers that otherwise comply with applicable state and local codes.
[Amended 6-26-2023]
(10)
All signs must be located at least five feet from the property line. Nonelevated freestanding signs must be an additional one foot from the property line for every foot of height in excess of five feet. The sign area must be a minimum of two feet above the grade level at the base of the sign.
(11)
No part of an awning including any suspended signage shall be less than seven feet above the sidewalk.
(12)
No sign suspended from a building shall project more than five feet from the building and shall not exceed the height of the building to which it is attached.
(13)
No sign shall exceed 20 feet in total height unless it is attached to and does not protrude vertically from a building.
(14)
The maximum sign area for a freestanding or nonfreestanding sign in the Downtown District is 20 square feet. This area runs along Old Spotswood Trail from Shenandoah Avenue to Harnsberger Street/Ashby Avenue. Then, north and south to the first alley or street in each direction that is closest to Old Spotswood Trail.[1] Otherwise, the maximum sign area for any freestanding sign is 40 square feet unless specified differently for specific purposes in another section of this chapter.
[Amended 6-26-2023]
[1]
Editor's Note: A map of the Downtown District is included as an attachment to this chapter.
(15)
Signs erected adjacent to a road where the posted speed limit is greater than 50 miles per hour may have 25% increased sign area above the normally permitted size.
(16)
No sign in a residential area shall be illuminated, either directly or indirectly, without the approval of the Zoning Administrator. 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 applies. The Town shall be entitled to regulate the hours which signs are illuminated when issuing a sign permit.
(17)
No sign shall advertise for a business, structure, or organization other than the primary business, structure, or organization for which the sign was originally erected.
(18)
Electronic message boards shall not exceed 40% of the overall permitted sign area and any sign area of the electronic message board shall be included for the purposes of computing the overall sign area permitted. Electronic message boards are only permitted in any of the following:
(19)
No sign shall display scrolling text, flashing or intermittent lights, or other lights or changing degrees of intensity, brightness of color, except a sign indicating time or temperature, which changes alteration on not less than a five-second cycle.
D.
The following signs do not require a permit:
(1)
Official traffic signs, signs erected by a governmental body or required by law.
(2)
Temporary signs on any property for sale or rent which is not located within a subdivision, provided that:
(4)
Professional name plates attached to a building that are not illuminated and are less than four square feet.
(5)
Informational signs of a public or quasi-public nature shall not be illuminated, shall contain no advertising unless required by law, shall be set back not less than five feet from the fronting roadway, and adhere to the following:
(a)
Signs identifying or locating civic, educational, or cultural locations, and signs drawing attention to public parking, restrooms, parks, playgrounds and other public conveniences relating to such places shall not exceed an area of 20 square feet.
(b)
Official notices or signs posted or displayed by or under the direction of any public or court officer in the performance of official or directed duties, or by trustees under deeds of trust, deeds of assignment or other similar instruments shall not exceed two square feet.
(6)
Signs located on property where a building permit is active, provided such sign shall not exceed eight feet in height, shall not be illuminated, and must be removed within five business days after the completion of the project.
(7)
Memorial signs or tablets, including names of buildings and dates of erection when cut into masonry, bronze, or other materials and attached to the building.
(8)
Customary identification signs used in conjunction with residential usage, including mailbox lettering, names of residents, house numbers, names of farms and estates, and other similar usages that do not exceed six square feet.
(9)
On residential property, one or more temporary signs with a total area of no more than three square feet, and which are removed within 45 days after being erected. Temporary signs shall not be painted or applied directly on a road sign or utility pole, nor shall any temporary sign be located within a public right-of-way.
(10)
Nonprofit organizations shall be allowed to post temporary signs on their property, or other properties with the owner's consent, for nonprofit events no more than four weeks prior to the event and must remove the temporary signs on or before five days after the event is concluded.
(11)
Civic organizations and churches/houses of worship shall be allowed to have portable signs, provided that:
E.
The following signs require a permit:
(1)
Business sign located at the business' location where the messasge may be changed daily, providing that message:
(a)
A yearly permit is obtained for said sign.
(b)
The business does not already have a sign that is for displaying messages.
(c)
Sign area does not exceed eight square feet or 16 square feet if a sandwich board.
(d)
Signs are taken inside each night at the close of business.
(e)
Signs do not impede the flow of traffic on streets or sidewalks or otherwise create a hazard.
(f)
No more than one sign of this type for each lot.
(2)
Signs which are used for promotional purposes subject to the following conditions:
(a)
A yearly permit is obtained for said sign(s).
(b)
No more than one sign of this type for each 1,000 square feet of lot size.
(c)
Signs are supplied by the vendor and well maintained and secured.
(d)
Sign area does not exceed 20 square feet.
(e)
Signs do not impede visibility or otherwise create a hazard.
(3)
Temporary signs, except as specifically provided in this chapter, subject to the following conditions:
(6)
Business and industrial signs subject to the following conditions:
(a)
Must be a minimum of two feet from any right-of-way line or lot line or 25 feet from any adjacent residential area.
(c)
There shall be only one freestanding sign and two attached signs per business.
[1]
Lettering or signage stating the business name that is attached to the building shall be 10 feet above the sidewalk. Lettering or signage area cannot exceed two square feet of sign per linear foot of storefront not to exceed 40 square feet in the Downtown District or 80 square feet in other areas.
[2]
Up to four additional symbols or emblems that represent the business may be attached to the structure as long as they are architecturally integrated with the structure.
[3]
Buildings that contain multiple businesses may have additional attached signage, but no more than one additional attached sign per business residing within the building.
[4]
Multiple adjoining businesses, that are not located within the area designated as the Downtown District, may combine their freestanding signs into one single sign, provided that:
[a]
The overall sign area does not exceed the combined allowable area for the individual business or a maximum of 80 square feet.
[b]
The sign does not materially impede the ability to clearly see the signs of adjoining businesses.
[c]
There are no other freestanding signs for the business displayed on the combined sign.
(d)
Sign area may be increased up to 60 square feet to the extent that the sign area does not exceed 0.2 square foot for each foot of lot frontage for the lot on which it is situated. The frontage on all adjacent streets to the lot may be considered in this calculation.
(7)
Church or house of worship signs, signs indicating the name of an institution or civic organization/association such as clubs, fraternities, lodges, troops, etc., or signs for public buildings that are on the premises of public or semipublic facilities.
F.
Maintenance and removal of signs.
(1)
All signs must be maintained in good working order by the owner. Damaged signs must be repaired within 60 calendar days of the event that resulted in the damage.
(2)
Signs which are abandoned shall be removed within 60 calendar days of abandonment.
(3)
Signs and structures which do not conform to the regulations and restrictions as set forth in this article may be continued only so long as the existing use of the sign is not discontinued for more than two years, the sign is continuously maintained as stated above, and is not altered structurally in any way.
(a)
If the sign or structure is damaged by any means to the extent of more than 50% of its assessed value at the time of the damage it must be brought into conformity with this current code.
G.
Special exception permits for signs.
(1)
Upon proper application, and after following the process described in § 110-802C herein, the Council may grant a special exception permit authorizing an otherwise permitted sign for a use which would normally be prohibited by this chapter. The permit may contain such conditions as the Council deems proper. Nevertheless, the Council restates its holding that the substantive provisions of this chapter are generally in the Town's best interests, and the Council anticipates that special use permits as authorized by this section will be appropriate only in unusual circumstances.
(a)
There are no exceptions for the use of electronic message boards.
(2)
In evaluating the proposed special exception, the Council shall address the concerns outlined in § 110-802C(5) herein.
§ 110-707 Manufactured homes.
A.
Any manufactured home placed in the Town of Elkton after the date of enactment or amendment of this chapter shall meet the following requirements:
(1)
All manufactured homes shall meet the plumbing requirements and the electrical wiring and connection, construction, blocking, and anchoring requirements of the Virginia State Building Code and shall display the seal of a testing laboratory approved by the State of Virginia.
(2)
All manufactured homes shall be completely skirted; such that no part of the undercarriage shall be visible to a casual observer, in accordance with methods and materials approved by the Building Official.
(3)
All manufactured homes shall be supplied with public water and wastewater disposal.
B.
Manufactured home lot requirements. Individual manufactured home lot requirements are found in Table 2.
Table 2 Town of Elkton Lot Regulations for Manufactured Homes, Parks, and Subdivisions | ||||
|---|---|---|---|---|
Requirement | Manufactured Home Park (feet) | Lot Within Park (feet) | Manufactured Subdivision (feet) | Subdivision Manufactured Home Lot (feet) |
Area | 130,680 square feet (3 acres) | 3,400 square feet | 435,600 square feet | 6,000 square feet |
Setback (See § 110-701A(3) | 25 | N/A | 25 | 25 |
Setback line | 150 | 40 | 150 | 50 |
Yard | ||||
One side Both sides Rear | 25 50 25 | 7 1/2 15 7 1/2 | 25 50 25 | 10 20 25 |
Height | 35 | 35 | 35 | 35 |
Accessory buildings | Not to exceed 35 feet in height | Not to exceed height of mobile home | Not to exceed 35 feet in height | Not to exceed 35 feet in height |
C.
Manufactured home park and setback requirements. All manufactured home parks shall meet the following minimum area and setback requirements;
(1)
All manufactured home parks shall have a minimum area of at least three acres. A minimum of three spaces shall be completed and ready for occupancy before the first occupancy is permitted.
(2)
The overall density of any manufactured home park or subdivision shall not exceed eight units per gross acre. The density of any particular acre within such park shall not exceed eight units per gross acre.
(3)
No main or accessory building shall be located closer than 25 feet to any property line of a manufactured home park.
D.
Manufactured home stand requirements. All manufactured home lots shall meet the following requirements:
E.
Manufactured home accessory structures. All manufactured home accessory structures erected or constructed after the date of enactment or amendment of this chapter must meet the following requirements:
(1)
All manufactured home accessory structures must meet the plumbing, electrical connection, wiring, construction, and other applicable requirements of the Building Code.
(2)
Except in the case of an awning, ramada, or other shade structure, where a manufactured home accessory structure is attached to the manufactured home unit, a substantial part of one wall of the accessory structure shall be flush with part of the manufactured home unit, or such accessory structure shall be attached to the manufactured home unit in a substantial manner by means of a roof. All manufactured home accessory structures, whether attached or detached, shall be designed and constructed as freestanding structures. No detached manufactured home accessory structure, except ramadas, shall be erected closer than 10 feet to a manufactured home.
(3)
Manufactured home accessory structures, except ramadas, shall not exceed the height of the manufactured home.
(4)
No manufactured home accessory structure shall be erected or constructed on any manufactured home lot or lot except as an accessory to a manufactured home.
F.
Manufactured home park application and site plan. Applicants for manufactured home parks shall meet the following special requirements:
(1)
Site plans shall be legibly drawn at a scale consistent with its purpose.
(2)
The following information shall be required of site plans:
(a)
The date of the site plan, the name of the surveyor and the number of sheets comprising the site plan.
(b)
The scale and the North designation.
(c)
The name and signature of the owner, and the name of the proposed park; said name shall not closely approximate that of any existing manufactured home park or subdivision in the Town of Elkton or surrounding area.
(d)
A vicinity map showing the location and area of the proposed park.
(e)
The boundary lines, area, and dimensions of the proposed park, with the locations of property line monuments shown.
(f)
The names of all adjoining property owners.
(g)
Proposed layout, including interior streets with dimensions and such typical street cross sections and center line profiles as may be required in evaluating the street layout; water, sewer, drainage, and utility lines, facilities and connections, with dimensions shown; location and type of solid waste collection facilities; interior monuments and lot lines, dimensions, and areas of manufactured home lots, common space and recreation areas and common parking areas, and other common areas; locations and dimensions of manufactured home lots and parking spaces, management offices, laundry facilities, recreation buildings, and other permanent structures; location and nature of fire-fighting facilities, including hydrants, fire extinguishers, and other fire-fighting equipment; location of fuel storage facilities and structures of high flammability; and location and dimensions of landscaping amenities, including streetlights, sidewalks, planted areas, significant natural features to be retained, and fencing and screening.
[Amended 12-18-2000]
(3)
The site plan shall be accompanied by a narrative statement describing how the standards and requirements set forth herein are to be met and, where appropriate, statements from the Highway Engineer certifying approval of the street and drainage, waste and sewer, or utility system layouts by the owner/operator.
G.
Manufactured home park design standards.
(1)
Streets. An internal street system shall be provided to furnish convenient access to manufactured home lots and other facilities in the park, shall be designed such that connection to existing drainage and utility systems is convenient, and shall meet the following requirements; in addition to such other reasonable standards and requirements as may be established by the Town Council.
(a)
All internal streets shall be permanently paved with a durable, dust-proof, hard surface. Minimum pavement widths shall be 20 feet for streets and a minimum fifty-foot right-of-way.
[Amended 12-18-2000]
(b)
Dead-end streets shall be limited in length to 600 feet, shall be provided with cul-de-sacs with turning areas of not less than 40 feet in radius.
[Amended 12-18-2000]
(c)
Streets shall be adapted to the topography, shall follow the contours of the land as nearly as possible, and shall have safe grades and alignments.
(d)
Driveway entrances to manufactured home parks from any public street or road shall conform to the current construction standards of the Virginia Department of Transportation.
(e)
Sidewalks and curb and gutter shall be provided and built to the Department of Transportation standards.
(2)
Vehicle parking. Off-street parking shall be provided for the use of occupants at the minimum ratio of two car spaces (each space containing a minimum of 180 square feet) for each manufactured home. Each off-street parking space shall be paved and have unobstructed access to a public street. On-street parking is prohibited unless the paved street on which the manufactured home fronts is expanded to accommodate additional parking lanes or parking bays.
(3)
Lighting. All streets and walkways within the manufactured home development shall be lighted at intervals and levels established by the town.
(4)
Disposal of garbage and rubbish. It shall be the responsibility of the manufactured home park to collect or cause to be collected and disposed of garbage and rubbish as frequently as may be required by the town. Dumpsters may be used at approved locations.
[Amended 12-18-2000]
(5)
Installation of storage tanks. Gasoline, liquefied petroleum, gas, or oil storage tanks shall be so installed as to comply with all county, state, and federal fire prevention and protection regulations.
(6)
Open spaces. Where manufactured home lot sizes are relied on primarily to provide for open space, lots shall be so grouped as to maximize the amount of usable space, while meeting the minimum yard requirements set forth in § 110-707B of this chapter.
(7)
Record of tenants for manufactured home parks. The operator of a manufactured home park shall keep an accurate register of all tenants occupying manufactured homes located in the park. The register shall show the name and permanent residence address of the owner and occupants of any manufactured home located in the park; the make and registration of any manufactured home; the time and date of arrival and departure; and such other information as might be necessary to provide information about the occupants of the manufactured home. These records shall be open to the law enforcement officers and public officials whose duties necessitate acquisition of the information contained in the register. The register record for each occupant registered shall not be destroyed for a period of three years following the date of departure of the registrant from the park.
(8)
Certificate of use and occupancy required. No manufactured home or accessory structure shall be occupied in any manufactured home park until a certificate of occupancy shall have been issued by the Zoning Administrator to the effect that the manufactured home park or the portion thereof for which such certificate is requested is in compliance with all applicable provisions of this chapter and the Uniform Building Code. Such certificate shall not be issued until after the same has been approved by the Health Department, Zoning Administrator, Building Official, and other agencies as may be required.
§ 110-708 Nonconforming lots, buildings, and uses.
A.
It is the intent of this chapter to recognize that the elimination of existing lots, buildings, and structures or uses that are not in conformity with the provisions of this chapter is as much a subject of health, safety and general welfare as is the prevention of the establishment of new uses that would violate the provisions of this chapter. It is, therefore, the intent of this chapter to permit these nonconformities to continue, but not to encourage their survival, permit their expansion, or permit their use as grounds for adding other structures or uses prohibited elsewhere in the same district.
B.
Therefore, any structure or use of land existing at the time of the enactment of this chapter, and amendments thereto, but not in conformity with its regulations and provisions, may be continued subject to the following provisions:
(1)
Lots of record. If a lot of record at the time of enactment of this chapter does not contain land of sufficient area or width to permit conformity with the dimensional requirements of this chapter, then the following provisions shall apply:
(a)
Except as set forth in § 110-708B(2) with respect to lots in a Low-Density Residential District R-2, a single nonconforming lot of record at the time of enactment of this chapter may be used as a building site, provided that yard dimensions and requirements other than those applying to area or width of the lot shall conform to the regulation for the district in which such lot is located. Variances of yard requirements may be obtained only through appeal to the board, as outlined in § 110-807 herein.
(b)
Except as provided hereafter, the owner of a lot in a Low-Density Residential District R-2 which has lot frontage at the setback line of at least 50 but less than 100 feet, and which is not contiguous to one or more of other lots owned by the same person such that the combined lot frontage at the setback line is equal to or more than 100 feet, may apply for a special exception permit in accordance with Article VIII herein, to use such lot as a building site, provided that yard dimensions and requirements other than those applying to area, width of the lot or such yard shall conform to the regulation for such district. Such a lot which at the time of the enactment of enactment of this chapter is contiguous to one or more other lots owned by the same person such that the combined lot frontage at the setback line is equal to or more than 100 feet may not be used as a building site unless the interior lines are revised by combining such lot with one or more contiguous lots, so that such lot complies with all yard dimensions and requirements. The restriction in the foregoing sentence applies whether or not such lot is subsequently owned by a person who does not also own one or more contiguous lots.
(2)
Nonconforming structures. Where a lawful structure exists at the time of enactment or amendment of this chapter that could not be built in the district in which it is located by reason of restrictions on lot coverage, height, yard dimensions, or other requirements, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
[Amended 12-18-2000]
(a)
Any structure or portion thereof declared unsafe by the Building Official may be restored to a safe condition rather than be demolished, provided that the requirements of this section are met, and that the cost of restoration of the structure to a safe condition shall not exceed 75% of its replacement cost at the time of the Building Official's declaration.
(b)
No nonconforming structure may be enlarged or altered in any way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.
(c)
Notwithstanding the provisions of Subsection B(2)(b) above, whenever repairs on or installation of plumbing fixtures in residential structures is required by law or administrative action of the Health Official or the Building Official, such alterations shall be permitted, provided that if such alterations require an addition to the structure, then such addition shall be no nearer the lot line than permitted by the requirements of this chapter. Where an existing residential structure exceeds these requirements, said addition shall extend no nearer the lot line than the existing building line.
(d)
Should a nonconforming structure be moved, it shall thereafter conform to the yard dimension requirements of the district in which it is located after it is moved.
[Amended 12-18-2000]
(e)
A structure which by reason of the passage of this chapter has become nonconforming which has been damaged by fire, explosion, act of God, or the public enemy to the extent of more than 50% of its assessed value at the time of damage shall not be restored except in conformity with the regulations of the district in which it is located. When damaged by less than 50% of its assessed value, a nonconforming structure may be repaired or reconstructed, and used as before the time of damage, provided that such repairs or reconstruction are completed within one year of the date of such damage.
(3)
Nonconforming uses of land. Where a lawful use of land exists at the time of enactment or amendment of this chapter that would not be permitted by the regulations imposed herein and where such is either an accessory use involving the use of no separate accessory structure or a principal use involving no individual structure, such use may be continued as long as it remains otherwise lawful, subject to the following provisions:
(a)
No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the time of enactment or amendment of this chapter.
[Amended 12-18-2000]
(b)
No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the time of enactment or amendment of this chapter.
(c)
In the event that such use ceases for reasons other than destruction for a period of more than two years, any subsequent use shall conform to all requirements for this chapter for the district in which the land is located.
[Amended 11-19-1990]
(d)
No additional structure not conforming to the requirements of this chapter shall be constructed in connection with such nonconforming use.
(4)
Nonconforming uses of structure. Where a lawful use involving an individual structure or structures in combination exists at the time or enactment or amendment of this chapter, that would not be permitted in the district in which it is located under the requirements of this chapter, such use may be continued as long as it remains otherwise lawful, subject to the following provisions:
(a)
No structure existing at the time of enactment or amendment of this chapter devoted to a nonconforming use shall be enlarged, extended, moved, or structurally altered, except repairs on or installation of plumbing fixtures required by law or administrative action of the Health Official or the Building Official, or the changing of interior partitions or interior remodeling; or in changing the use of the structure to a conforming use.
(b)
A nonconforming use of a structure may be extended to include use of the entire structure, but shall not be extended to include either additional structures or land outside the structure.
(c)
When a nonconforming use of a structure or structures and premises in combination is discontinued or abandoned for two years, except when government action impedes access to the premises; or when a nonconforming use is superseded by a permitted use; the structure and premises shall not thereafter be used except in conformity with the regulations of the district in which it is located.
[Amended 11-19-1990]
§ 110-709 Special regulations for townhouses.
A.
No more than eight townhouses shall be included in any townhouse grouping.
[Amended 7-20-1992]
B.
Attached dwellings shall be separated by a noncombustible party wall to the roofline in accordance with designated Building Code requirements.
C.
Each townhouse building shall front on a street dedicated to public use. The streets including curbs, gutters, and sidewalks shall be developed according to standards found in Subdivision Street Requirements by the Virginia Department of Transportation by authority of Title 33.1 of the Code of Virginia, 1950, as amended.
[Amended 4-17-2006]
D.
Any common areas shall be maintained by and be the sole responsibility of the developer-owner of the townhouse development until such time as the developer-owner conveys such common area to a homeowners' association whose members shall be all the individual owners of the townhouses in the townhouse development. Said land shall be conveyed to and be held by said homeowners' association solely for recreational and parking purposes of the owners of the individual townhouse lots in the development. In the event of such conveyance by the developer-owner to a homeowners' association, deed restrictions and covenants shall provide that any assessments and charges for cost of maintenance of such common areas shall constitute a lien upon the individual townhouse lots. The restrictions and covenants shall provide that either a homeowners' association or individual owners shall pay or maintain townhouse exteriors, lawns, refuse removal, taxes, lighting, and drainage.
[Amended 12-18-2000]
E.
See definition of "townhouse" and definition of "dwelling, single-family attached."
§ 110-710 Fences.
[Amended 2-18-2008; 2-18-2025]
B.
No fragile, readily flammable material such as paper, cloth or canvas shall constitute a part of any fence, nor shall any such material be employed as an adjunct or supplement to any fence.
C.
On corner lots in residential districts, there shall be no planting, fence or obstruction to vision more than three feet high, less than 20 feet from the intersection of two street lines.
D.
Electric fences on property lines are not permitted in the Town except in agricultural districts. No fence in any residential district shall exceed six feet in height.
E.
No barbed wire shall be permitted.
F.
All fences, other than wire, shall have a finished side facing the adjoining property owner.
G.
Any fence located in a front yard in any district shall not exceed 42 inches in height, unless the surface of at least 50% of the area of the fence over 42 inches tall is uncovered to allow visibility through the fence.
H.
No fence shall be located within the flood plain or floodway without the approval of the zoning administrator, pursuant to the standards as detailed in the table below. Engineered fences which do not meet a type detailed below will be subject to a case by case review by the Zoning Administrator:
Fence or Wall Type | Uses of Fencing/Walls Allowed | ||||
|---|---|---|---|---|---|
Floodway Fringe | Floodway | Main Channel | Shallow Sheet Flow Area | Ponding Areas (w/Limited Vel.) | |
A | Yes | Yes | Yes, unless the purpose is to contain livestock within a corral | Yes | Yes |
B | Yes | Yes, with limited cross fencing | No, this usually involves livestock | Yes | Yes |
C | Case by case review of design required. | ||||
D | Yes, if elevated to or above the flood height.1 | Case by case review of design required. | No | Yes, if elevated to or above the flood height.1 | Yes |
E | Yes, if elevated to or above the flood height.1 | No | No | Yes, if elevated to or above the flood height.1 | Yes |
F | Case by case review of design required | No | No | Yes, if elevated to or above the flood height1, or adequate openings provided | Yes, if elevated to or above the flood height1, or adequate openings provided |
Table notations: | |||||
|---|---|---|---|---|---|
Fence/wall type A: "Open" barbless wire. For floodplain management purposes, barbless wire will be considered "open" if there is no more than one horizontal strand per foot of height and no more than one vertical wire or post every six feet. | |||||
Fence/wall type B: "Open" pipe or rail fencing (e.g. corrals). For floodplain management purposes, pipe/rail fencing will be considered open if the horizontal pipes/rails occupy less than 10% of the area fenced and posts are spaced no closer than eight feet. | |||||
Fence/wall type C: Collapsible fencing. | |||||
Fence/wall type D: Other wire, pipe, or rail type fencing (e.g. field fence, chicken wire, etc.) which does not meet the "open" requirements described above. | |||||
Fence/wall type E: Chain link fencing. | |||||
Fence/wall type F: Continuous wood fencing or masonry walls. | |||||
1 | Individual horizontal wire strands can be placed below the flood height provided they are spaced no closer than six inches apart. Individual vertical wire strands can be placed below the flood height provided they are spaced no closer than six feet apart. For wire, pipe, or rail fencing that does not meet the "open" requirements, and for wood or masonry walls/fences, the bottom of the wall/fence must be elevated to or above the elevation of the water during the 100-year flood event. Wood and masonry fencing/walls do not need to be elevated if they provide enough openings at their bases to allow the free flow of floodwaters without increasing the depth of water at all. | ||||
§ 110-711 Telecommunications facilities.
[Added 12-18-2000]
A.
Purpose and intent. The purpose of this section is to establish general guidelines for the siting and/or colocation of telecommunications facilities. The goals of this section are to:
(1)
Encourage the location of telecommunications facilities in nonresidential areas and minimize the total number of telecommunications facilities and sites throughout the Town;
(2)
Encourage strongly the joint use of new and existing telecommunications facilities;
(3)
Encourage users of telecommunications facilities to locate them, to the extent possible, in areas where the adverse impact on the Town is minimal;
(4)
Encourage users of telecommunications facilities to configure them in a way that minimizes the adverse visual impact of the telecommunications facilities; and
(5)
Provide adequate sites for the provision of telecommunications services with minimal negative impact on the resources of the Town.
B.
Applicability.
(1)
Limitations. The requirements set forth in this section shall govern the siting of antennas, telecommunications towers, and telecommunications facilities unless specifically excluded herein.
(2)
Amateur radios. This section shall not govern any amateur radio, or its installation, if it is owned and operated by a federally licensed amateur radio station operator and used exclusively for noncommercial purposes.
(3)
Television reception antennas. This section shall not govern any television reception antenna or its installation, if it is under 50 feet in height and is used exclusively for noncommercial purposes.
C.
Siting requirements. The requirements for siting and construction of all telecommunications facilities regulated by this section shall include the following:
(1)
Any new telecommunications facility site shall not be permitted unless the applicant demonstrates to the reasonable satisfaction of the Town that existing telecommunications facilities or alternative telecommunications structures cannot accommodate the applicant's proposed antenna.
(2)
Telecommunications towers shall either maintain a galvanized steel finish, or, subject to any applicable standards of the FAA, be painted, so as to reduce visual obtrusiveness. Dish antennas will be of a neutral nonreflective color with no logos.
(3)
At the telecommunications facility, the design of the buildings and related structures used in conjunction with telecommunications facilities shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the telecommunications facilities to the natural setting and the built environment.
(4)
If an antenna is installed on an alternative telecommunications structure, the antenna and supporting electrical and mechanical equipment must be of a color that is identical to, or closely compatible with, the color of the alternative telecommunications structure so as to make the antenna and related equipment as visually unobtrusiveness as possible.
(5)
A telecommunications facility or telecommunications tower shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the Town may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.
(6)
No advertising of any type may be placed on the telecommunications facility, or other structures associated with the telecommunications facility. A sign shall be required displaying the name, registration number, and emergency contact number of the tower owner. The sign shall not exceed four square feet in size and shall be located on the security fence or other approved location.
D.
Federal requirements. All telecommunications towers and antennas must exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate such facilities. If such standards and regulations are changed, then the owners and operators of the telecommunications towers and antennas governed by this section shall bring such telecommunications towers and antennas into compliance with such revised standards as required. Failure to bring telecommunications towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the telecommunications towers and antennas at the owner's or operator's expense.
E.
Structural requirements.
(1)
Prior to the use or extension of a telecommunications tower, the owner shall have obtained approval of the structural integrity by a registered professional engineer licensed in the Commonwealth of Virginia, and a copy of such report shall be filed with the Zoning Administrator.
(2)
To ensure the structural integrity of a telecommunications facility or telecommunications tower, the owner or operator of a telecommunications facility or telecommunications tower shall ensure that it is maintained in compliance with standards contained in applicable federal state and local building codes and regulations.
F.
Setbacks and separations.
(1)
The following setbacks and separation requirements shall apply to all telecommunications facilities except alternative telecommunications structures. A telecommunications facility must be set back a distance equal to 110% of the height of the telecommunications tower from any off-site structures used for human habitation.
(2)
Telecommunications towers, security fencing and accessory facilities must meet all setback requirements for primary structures for the zoning district in which the telecommunications facility is located.
G.
Security requirements. The following requirements shall govern the securing of telecommunications facilities.
(1)
Telecommunications facilities, that include buildings or added structures, shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anticlimbing device unless the Town determines that its safety requirements are met without it.
(2)
If a telecommunications tower or antenna is mounted on an alternative telecommunications structure the security fencing shall not be required unless the Town determines that its safety requirements are not met without it.
(3)
Monopole towers and other single-pole structures, standing alone, shall be secured by anticlimbing devices.
H.
Landscaping requirements. The following requirements shall govern the planting and maintenance of landscaping surround telecommunications facilities:
(1)
Telecommunications facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the support buildings and fence from adjacent property. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.
(2)
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as telecommunications facilities sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer.
I.
Information required and factors considered in granting special use permits. Each applicant requesting a special use permit for a telecommunications facility shall submit the following to the Zoning Administrator:
(1)
The following shall be required for a telecommunications facility, telecommunications tower, or for siting an antenna on an alternative telecommunications structure:
(a)
An inventory and contour map of its existing facilities, including specific information about the location, height, coverage and capacity zones, and design of each telecommunications tower and antenna;
(b)
A conceptual plan of proposed sitings;
(c)
A scaled site plan including topography;
(d)
A scaled elevation view and other supporting drawings;
(e)
Calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements;
(f)
Radio frequency coverage;
(g)
Setbacks;
(h)
Parking;
(i)
Security fencing;
(j)
Landscaping;
(k)
Adjacent uses;
(l)
An engineering report, certifying that the proposed telecommunications tower is compatible for a minimum of three similar users including the primary user;
(m)
Information demonstrating that antennas, telecommunications towers, and telecommunications facilities for possible colocator antennas are no higher in elevation than necessary;
(n)
Height of the proposed telecommunications tower;
(o)
Proximity of the telecommunications tower to residential structures and residential district boundaries;
(p)
Nature of the uses on adjacent and nearby properties;
(q)
Surrounding topography (at least a four-hundred-foot radius);
(r)
Surrounding tree coverage and foliage (at least a four-hundred-foot radius);
(s)
Design of the telecommunications facility and telecommunications tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
(t)
Proposed ingress and egress;
(u)
Colocation policy which outlines policy regarding company's willingness to colocate on other company's telecommunications towers and company's willingness to accept other users on its telecommunications towers;
(v)
Consistency with the comprehensive plan and the purposes to be served by zoning;
(w)
Actual photographs from the site showing adjoining properties and other relevant views and simulated photographic image of the proposed telecommunications tower from the adjoining properties; and
(x)
Other information deemed by the Town to be necessary to assess compliance with this section.
(2)
The following requirements shall pertain to the colocation of an antenna that will be placed on a telecommunications facility or telecommunications tower that was sited under the provisions of this section and will not increase the height of the telecommunications tower:
(a)
An inventory and contour map of its existing facilities that are within the Town and at least five miles from the Town line, including specific information about the location, height, coverage and capacity zones, and design of each telecommunications facility, telecommunications tower and antenna.
(b)
A conceptual plan of proposed sitings.
(c)
Calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements.
(d)
Radio frequency coverage.
(e)
Height of telecommunications tower with proposed antennas.
(f)
Other information deemed by the Town to be necessary to assess compliance with this division.
(3)
The Planning and Zoning Department may share such information with other applicants applying for approvals or special use permits under this section or other organizations seeking to locate telecommunications towers within the town; provided, however, that the Zoning Administrator is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
J.
Removal of defective or abandoned telecommunications facilities. Any antennas, telecommunications tower, or telecommunications facility found to be defective or unsafe shall be repaired to meet federal, state, and local safety standards or removed within six months at the owner's or operator's expense. Any antenna, telecommunications tower, or telecommunications facility that is not operated for a continuous period of 24 months shall be considered abandoned, and the owner of such antenna, telecommunications tower, or telecommunications facility shall remove same within 90 days of receipt of notice from the Town notifying the owner of such removal requirement. Removal includes the removal of the antennas, telecommunications towers, and telecommunications facilities, fence footers, underground cables and support buildings. The buildings and foundation may remain with land owner's approval. If there are two or more users of a single telecommunications facility or telecommunications tower, then this provision shall not become effective until all users cease using the antennas and telecommunications tower. If the antenna, telecommunications tower, and telecommunications facility are not removed as herein required, the Town may either seek court enforcement of such removal or the Town may remove the antenna, telecommunications tower, and telecommunications facility at the expense of the owner or operator of the telecommunications facility as the town, in its sole discretion, determines.
§ 110-712 Yard sales.
[Amended 12-18-2000]
A. YARD SALE VENDOR
Definitions. For the purpose of this section, the following words shall have the meanings ascribed to them by this section:
A sale conducted at the primary personal residence of the vendor or, if a civic organization is the vendor, at any location for the organization, of personal property which has been used generally in the household of the vendor or its members and has not been acquired for resale except by donation. The term shall include, but not necessarily be limited to, garage sales, attic sales, moving sales, porch sales, and lawn sales.
The person or persons conducting the yard sale. Except for civic organizations, which may receive donated sale items from any number of persons, no more than four persons shall combine personal property for a yard sale.
B.
No more than three yard sales shall be conducted at any particular location during a calendar year.
C.
No yard sale shall continue for longer than 48 hours after its commencement.
§ 110-713 Special regulations for multiple-family dwellings.
[Added 11-17-2008]
A.
The primary entrances of each principal multifamily dwelling shall face a dedicated public street or the limits of a private parking unit (as defined) and shall also contain curbs, sidewalks, and gutters as required that service all living quarters and amenities within the complex.
B.
Adequate lighting, as determined by the Zoning Administrator and Chief of Police, will be provided for each building.
C.
All open areas, including parking, shall be maintained by the owner.
§ 110-714 Foundation surveys.
[Added 8-16-2010]
A.
A foundation survey shall be obtained for the following structures:
B.
A preliminary survey shall be prepared by a certified land surveyor licensed to practice in the commonwealth that documents the location of the pinned corners indicating where the poured footers or the ICF/Superior Walls/poured walls/monolithic slab will be placed. After approval of the preliminary plat and after the footers or walls have been installed, inspected and approved by the Building Inspector, either a second survey or a letter from the original surveyor shall be submitted stating that the preliminary survey is still valid. Further construction shall not commence until the second survey or certification letter has been approved by the Zoning Administrator.
C.
The foundation survey shall document the location of the foundation, slab, or piers relative to property lines to confirm that the construction complies with setback regulations.
D.
Exceptions. The following are exceptions from those requirements:
(1)
The placement of manufactured homes on a manufactured home park lot that existed prior to 1995 does not require foundation, slab, or pier survey. County staff shall determine if sufficient space for the requested unit complies with the current building code.
(2)
A new structure or the addition to an existing structure, on a tract of land that has a valid survey, does not require a foundation, slab, or pier survey if a certified land surveyor licensed to practice in the commonwealth confirms by letter that the construction meets current required setbacks. This determination must be made by the surveyor after the approval of the footer inspection.
(3)
Survey may be waived on parcels of three acres or larger if the owner of the land states in writing that the structure in question is more than 40 feet from all property lines.
(4)
Survey may be waived for structures of record, at the time of the adoption of this regulation, with nonconforming setbacks as long as the remodeling of an existing porch or deck does not further decrease setbacks. This situation applies to the creation of nonconforming structures resulting from the widening or relocation of roads or the construction.
(5)
If application is made for an addition to a structure, and the applicant presents a previous survey of the property that shows the existing structure meets setbacks, and it can be determined that the addition shall meet all setbacks, that survey may be used and a new foundation survey may not be required.
E.
Exemptions. The following are exempted from these requirements:
§ 110-715 Short-term rentals.
[Added 9-17-2018]
All short-term rentals shall be subject to the following conditions, which conditions shall be approved by the Zoning Administrator, in the Zoning Administrator's sole discretion, and which conditions the Zoning Administrator shall have the authority to enforce, in addition to any other enforcement mechanism in this Code:
A.
The owner(s) of any dwelling shall apply for a Town of Elkton business license pursuant to the terms of Chapter 148, Taxation, of the Town Code, prior to using the dwelling as a short-term rental.
B.
Prior to using the dwelling as a short-term rental, the owner(s) shall obtain a special exception permit pursuant to the terms of Article VIII herein; except, however, where the ordinances allow short-term rentals by right. Owner(s) shall not be required to submit a site plan as detailed as in § 110-802B(1); however, owner(s) shall provide any documentation requested by the Zoning Administrator detailing the proposed use of the property, including, but not limited to, the area(s) or rooms of the property to be utilized for short-term rental and the emergency evacuation plan detailed in Subsection G below.
[Amended 6-26-2023]
C.
Prior to using the dwelling as a short-term rental, a property management plan demonstrating how the short-term rental will be managed and how the impact on neighboring properties will be minimized shall be submitted for review and approval by the Zoning Administrator. The plan shall include local points of contact available to respond immediately to complaints, clean up garbage, manage unruly tenants and utility issues, etc. It shall also be posted in a visible location in the short-term rental. The contact numbers shall be provided to Town staff, public safety officials and, if applicable, the HOA/POA of the subdivision. The plan must be provided as part of the rental contract.
D.
Maximum number of occupants shall be no more than two individuals over the age of 12 per bedroom and maximum number of occupants shall be no more than eight adults and 14 total occupants.
[Amended 4-15-2024]
E.
Parking for the short-term rental shall be located in driveways or other designated and approved parking areas. Parking of vehicles is prohibited in or along all rights-of-way.
F.
Upon application for a business license, the Rockingham County Building Official may do a life safety inspection of the short-term rental.
G.
The owner(s) of the short-term rental shall post in a conspicuous place an emergency evacuation plan for the dwelling and the neighborhood. The owner shall provide a copy of the proposed plan to the Town at the time of application for a permit, which plan must be approved by the Town prior to issuance of the permit.
I.
Failure to comply with these supplemental regulations will result in violation of the Town of Elkton Zoning Ordinance.
J.
Pursuant to Code of Virginia, § 15.2-983, as amended from time to time, all owners of short-term rental properties, except those individuals listed in Code of Virginia, § 15.2-983.B.2, shall be required to register annually the use of the property as a short-term rental with the Zoning Administrator. Such application shall be filed no later than January 31 of each year. The application shall be on a form prescribed by the Zoning Administrator. The owner(s) shall be required to provide the complete name of the owner(s) and the address of each property in the locality offered for short-term rental by the owner and such other information as the Zoning Administrator may require. The Town shall collect a registration fee from the property owner(s) at the time of each annual registration in the amount of $100 per year. Notwithstanding any other provision of this Code, failure to comply with this Subsection J will result in a $500 penalty per property per violation. Until such time that the owner(s) pays the penalty and registers such property, the owner(s) may not continue to offer such property for short-term rental. Upon repeated violations of this registry requirement as it relates to a specific property, an owner(s) may be prohibited from registering and offering that property for short-term rental. In addition, any owner(s) required to register a short-term rental property may be prohibited from offering a specific property for short-term rental in the Town upon multiple violations on more than three occasions of applicable state and local laws, ordinances, and regulations, as they relate to the short-term rental.
L.
There shall be no more than 25 short-term rental permits issued in the Town at any time. Fifteen of such permits may be issued in the Tourism District. This area runs along Spotswood Trail/Avenue from First Street to Clarke Avenue, and then, north to Gibbons Avenue and B Street and south to Highway 33.[1] Ten of such permits may be issued outside of the Tourism District.
[Added 6-26-2023]
[1]
Editor's Note: A map of the Tourism District is included as an attachment to this chapter.
§ 110-716 Accessory apartments and accessory apartment permits.
[Added 1-28-2020]
A.
General conditions. All accessory apartments shall be subject to the following conditions, which conditions shall be approved by the Zoning Administrator, in the Zoning Administrator's sole discretion, and which conditions the Zoning Administrator shall have the authority to enforce, in addition to any other enforcement mechanism in this Code:
(1)
All accessory apartments shall be clearly secondary and accessory to the primary dwelling unit and shall not change its character as a detached single-family residence.
(2)
All accessory apartments must be within the primary structure or any approved accessory structure. Any accessory apartments shall not be the sole use of a separate freestanding structure but may be a secondary use of a freestanding structure, i.e., an accessory apartment located above a freestanding garage.
(3)
Only one accessory apartment shall be allowed per lot or parcel.
(4)
The primary dwelling unit or accessory apartment must be occupied by at least one owner of the property. The owner must reside on the property for at least nine calendar months cumulatively in a calendar year. If an owner will be in residence less than nine months in any calendar year, then the Zoning Administrator must be informed, and the owner will not be permitted to rent the accessory apartment during that calendar year, unless the owner can prove extenuating circumstances for such absence, such as medical issues requiring extended stays in hospitals, nursing homes or rehabilitation facilities, in which event, the Zoning Administrator shall have the right to waive this requirement.
(5)
The minimum size of an accessory apartment shall be 300 square feet. In no event shall the floor area of an accessory apartment exceed 40% of the existing floor area of the primary dwelling.
(6)
An accessory apartment shall have a minimum of one kitchen or kitchenette, one bedroom, and one bathroom. The architectural treatment of the accessory apartment shall be such as to portray the character of a single-family dwelling.
(7)
All accessory apartments shall meet all Town of Elkton and Rockingham County Building Codes.
(8)
If an accessory apartment is located in the primary dwelling, the apartment entry shall be located on the side or rear of the unit, and its design shall be such that the appearance of the dwelling will remain as a single-family residential structure. No accessory apartment shall be attached to a primary dwelling by open walkways, breezeways, patios, decks, etc.
(9)
Approval of the water supply and sewage disposal shall be obtained from the Town of Elkton and the Rockingham County Department of Health or the Department of Public Utilities. If the accessory apartment is located within the primary dwelling, only one water and/or sewer meter will be required. If the accessory apartment is located in an accessory building, only one water and/or sewer meter will be required for the accessory building.
(10)
The accessory apartments shall have working smoke detectors in the accessory apartment as required by the Building Code. Carbon monoxide detectors are required with the use of gas heating or appliances.
(11)
The accessory apartments shall have an egress window in any sleeping area and must comply with all Building Codes.
(12)
No commencement of use of an accessory apartment shall occur until the property owner has an approved accessory apartment permit from the Town and any building permits have been issued for construction related to the accessory apartment and the work completed and approved by the Town.
(13)
The underlying zoning district development standards for lot coverage, height, setbacks and floor area ratio that apply to the primary dwelling shall also include the accessory apartments in the calculations of these standards.
(14)
Four off-street parking spaces total are required for the primary dwelling and the accessory apartment.
(15)
Occupancy standards are set forth in the underlying zoning district regulations.
B.
Accessory apartment permit.
(1)
Accessory apartments are permitted in the R-1, R-2 and R-3 Districts as a permitted use and in the R-4, R-5 and R-6 Districts as a special exception.
(2)
No accessory apartment may be created or rented without first obtaining a permit from the Town. Applicants may register at any time during the calendar year. Registration must be renewed annually. The permit does not run with the land, so any new owner must complete a new application for a new permit.
(3)
The property owner shall obtain an application from the Town Treasurer and shall also sign an affidavit before a notary public stating that he or she occupies the primary dwelling unit or accessory apartment. The affidavit will also state that should the owner cease to rent the accessory apartment in the future, the accessory apartment will not be rented as an accessory apartment again without applying for a new permit. Upon the sale of the property, a new owner shall be required to obtain a new permit and sign a new affidavit.
(4)
In the event the property is owned by more than one individual, all owners must execute the application for the permit and will be held responsible for any violations of this section. At least one owner must occupy the primary dwelling unit or accessory apartment as his/her primary residence.
(5)
Violation of any provisions of this section may result in revocation of approval for the accessory apartment, in which event the use must cease, and no further application will be approved for a period of one year from the date of revocation. A written revocation notice will be sent to the property owner.
§ 110-717 Special provisions for temporary portable storage containers
[Added 2-18-2025]
A.
Placement of temporary portable storage containers ("containers") shall require a container permit if the container will be placed on a property for longer than 30 days. In all cases, whether for a period of 30 days, more or less, the placement shall conform to all other requirements of this chapter.
B.
The Zoning Administrator shall have authority to issue container permits after due application by the applicant.
C.
Containers may only be placed on residential lots for more than 30 days during periods of construction, renovation, or relocation. Container permits for residential lots shall be valid for one year and shall not be renewed unless there are exceptional circumstances as determined solely by the Zoning Administrator.
D.
Container permits for non-residential lots shall be valid for one year and may be renewed on an annual basis by the Zoning Administrator.
E.
Containers are prohibited on any lot without a principal structure unless otherwise authorized by the Zoning Administrator.
F.
Containers shall comply with all setback requirements such as that of an accessory building based upon the zoning district in which it is placed unless otherwise authorized by the Zoning Administrator.
G.
Containers shall not be connected to any utilities.
H.
Containers shall not block vehicle entrances, drive aisles, required parking or fire lanes.
I.
No container shall exceed 40 feet in length, nine feet in width, and nine feet in height.
K.
This section does not apply to any business located within the town who sells, distributes or rents portable storage units as a business.