(a)

The following additional regulations apply to specific uses as set forth below. These regulations are intended to serve as the minimum standards for these uses and are not intended to exclude other provisions of this ordinance that may apply.

(b)

The standards set forth in this article for a specific use apply to the particular individual use, regardless of the review procedure by which it is approved, unless otherwise specified in this ordinance or approved through conditions of a conditional use permit.

(a)

Each use provided in this article may also require permits and approvals, including:

(1)

Zoning permit;

(2)

Conditional use permit;

(3)

Site plan approval; and/or

(4)

Other city required permits, such as a business license or erosion and sediment control permit.

(b)

Applicants should consult with the city staff during the application process to ensure all permits and requirements are met.

(a)

General design and building layout.

(1)

Exterior modifications shall maintain the architectural character of the existing structure.

(2)

Parking, amenities, and infill structures, if provided, shall provide special attention to compatibility of adjacent land uses, topography, existing vegetation, and orientation.

(3)

The existing building is modified in accordance with building code requirements for residential occupancy.

(4)

A minimum of 25 percent of the ground floor shall be used for leasing offices and shared common space (e.g. exercise rooms, co-working spaces, etc.).

a.

These areas shall be along pedestrian walkways/sidewalks and/or facing the right-of-way.

b.

All portions of the ground-floor that are adjacent to a pedestrian walkway shall remain transparent to blend in with the commercial character of the district.

(a)

Owner/operator occupied. Bed and breakfasts shall be occupied by the owner/operator during operation.

(b)

Licensure. The owner/operator shall hold a valid business license from the city and, where applicable, a permit from the department of health.

(c)

Registration.

(1)

The owner/operator of a bed and breakfast shall maintain a log of all patrons, including their name, address, license plate number and state, and their length of stay. The log shall be available to city staff upon request.

(2)

Guest may stay no longer than 30 consecutive days.

(d)

Bedroom limit. A maximum of six bedrooms is permitted unless otherwise approved through a conditional use permit.

(e)

General standards.

(1)

If within a residential district, changes made to the exterior of the building occupied by the bed and breakfast shall maintain the residential character of the building.

(2)

Signage and parking shall comply with the regulations of article VIII, community design standards, of this ordinance.

(3)

Every room occupied for sleeping purposes shall comply with Uniform Statewide Building Code.

(4)

Guest rooms shall not have cooking facilities.

(5)

Food services in connection with the use shall be limited to meals provided to guests taking lodging at the facility. Restaurant service open to the general public is a separate use, permitted according to the district regulations.

(6)

Additional activities, including receptions, parties, and other events, are not permitted unless specifically authorized by the conditional use permit.

(a)

The manufactured home dwelling shall comply with the Virginia Manufactured Housing Construction and Safety Standards Law.

(b)

The manufactured home dwelling shall be placed on a permanent foundation and shall comply with the requirements of the Virginia Uniform Statewide Building Code, including skirting requirements.

(c)

Manufactured home dwellings shall not be joined or connected together as one dwelling, nor shall any accessory building, excluding decks or similar structures, be attached to a manufactured home dwelling. This does not prohibit manufactured home dwellings designed and manufactured as multi-section homes.

(a)

Property line setbacks. Groups of multifamily dwellings located on the same property shall be considered as one building for the purpose of determining front, side, and rear setback requirements. The entire group as a unit shall require one front, two side, and one rear setback as specified in the appropriate district, as provided in article IV, primary zoning districts, of this ordinance.

(b)

Spacing between buildings. Multifamily buildings located on the same property shall be set apart from each other by a minimum distance 25 feet. If the walls facing one another do not have windows, then the minimum distance is 15 feet.

(c)

Pedestrian access. Pedestrian access shall be provided with a sidewalk or other paved surface to all common area elements, including mail kiosks, parking lots, refuse collection areas, recreational amenities, and to adjoining properties and along public roadways.

(d)

Roads and private pavement. All roads and private pavement shall have concrete curb and gutter.

(e)

Screening of mechanical equipment and refuse collection. Whether ground-level or rooftop, any refuse collection or mechanical equipment visible from adjacent property or roads shall either be integrated into the architectural treatment of the building or screened from view in accordance with article VIII, community design standards, of this ordinance.

(f)

General design and building layout. The development shall be designed with special attention to compatibility of adjacent land uses, topography, existing vegetation, building height, and orientation. The development shall incorporate building layout and design that relates to and enhances the existing neighborhoods, natural vegetation, and terrain or incorporates natural design features, such as preservation of scenic vistas or other unique elements of the site.

(g)

Landscaping and buffer. Landscaping and/or transitional buffers shall be installed as required in article VIII, community design standards, of this ordinance.

(h)

Architecture standards.

(1)

Buildings shall be designed to impart harmonious proportions and avoid monotonous facades and large masses.

(2)

Buildings shall maintain architectural variety, while at the same time maintain an overall cohesive residential character.

a.

Residential character shall be achieved through the creative use of design elements such as, but not limited to, balconies, terraces, articulation of doors and windows, sculptural or textural relief of facades, architectural ornamentation, or varied roof lines.

(i)

DT downtown district. In addition to the above standards, the following standards shall apply to all multi-family dwellings within DT districts.

(1)

Dwelling units located within the ground floor shall be located to the rear of the building.

(2)

A minimum of 50 percent of the ground floor shall be used for leasing offices and shared common space (e.g. exercise rooms, co-working spaces, etc.).

a.

These areas shall be along pedestrian walkways/sidewalks and/or facing the right-of-way.

b.

All portions of the ground-floor that are adjacent to a pedestrian walkway shall remain transparent to blend in with the commercial character of the district.

(a)

Placement. No more than eight adjoined townhouse units may be constructed in a single row.

(b)

Architectural treatment of townhouses. The facades of each unit of a townhouse structure shall be varied to visually distinguish them as individual dwelling units by changing front yard depth and utilizing variations in materials or design. No more than four abutting townhouse units shall have the same front yard depth or the same, or essentially the same, architectural treatment of facades and roof lines. In identified historic districts, proposed designs shall incorporate architectural elements of the surrounding structures and character of the district.

(c)

Vehicular access. Each townhouse unit shall have unencumbered access from a dedicated public street.

(d)

Pedestrian access. Pedestrian access shall be provided with a sidewalk, or similar paved surface if approved by the administrator, to all common area elements, including mail kiosks, parking lots, refuse collection areas, recreational amenities and to adjoining properties and along public roadways.

(e)

Roads and private pavement. All roads and private pavement shall have concrete curb and gutter.

(f)

Landscaping and buffer. Landscaping and/or transitional buffers shall be installed as required in article VIII, community design standards, of this ordinance.

(g)

Screening of mechanical equipment and refuse collection. Whether ground-level or rooftop, any refuse collection or mechanical equipment visible from adjacent property or roads shall either be integrated into the architectural treatment of the building or screened from view in accordance with article VIII, community design standards, of this ordinance.

(h)

Open space and amenities. In any townhouse project resulting in the creation of any open space and amenities thereon, broadly defined, the maintenance and upkeep of such areas and elements shall be provided for by an arrangement acceptable to the city and in compliance with this article or applicable state statutes.

(1)

In any townhouse project consisting of open space and amenities related to the project in such manner that the Condominium Act, Code of Virginia, §§ 55.1-1900—55.1-1907, is applicable, the project shall conform to the requirements of that Act.

(2)

In any townhouse project consisting of open space and amenities related to the project in such manner that the Condominium Act, Code of Virginia, §§ 55.1-1900—55.1-1907, is not applicable, the developer shall meet the following requirements:

a.

Establish a nonprofit entity according to the provisions of the Virginia Nonstock Corporation Act, Code of Virginia, §§ 13.1-801—13.1-946, as amended, whose membership shall be all the individuals or corporations owning residential property within the townhouse project and whose purpose shall be to hold title in fee simple to, and be responsible for maintenance and upkeep of such open space;

b.

Hold title to and be responsible for such open space until such time as conveyance to such a nonprofit entity occurs. Such conveyance shall occur when at least 75 percent of the townhouse units have been sold; and

c.

Provide proper agreements and covenants running with the land and in favor of the citizens of the city, requiring membership in such a nonprofit entity. Such agreements and covenants shall include, among other things, that any assessments, charges, and cost of maintenance of the open space shall constitute a pro rata lien upon the individual townhouse lots, inferior in lien and dignity only to taxes and bona fide duly recorded first and second mortgages or deeds of trust on the townhouse lot. Covenants shall also prohibit the denuding, disturbing or defacing of said open space without prior approval of the city council after recommendation of the planning commission.

(3)

All open space shown on the approved site plan is binding as to location and use proposed.

(Ord. No. 25-01, § 2, 4-1-25)

(a)

Development standards.

(1)

All temporary family healthcare structures shall comply with all setback requirements that apply to the primary structure.

(2)

Only one family health care structure shall be allowed on a lot or parcel of land.

(3)

The structure shall be no more than 300 gross square feet and shall comply with all applicable provisions of the Industrialized Building Safety Law (section 36-70 et seq.) and the Uniform Statewide Building Code (section 36-97 et seq.).

(b)

Permits.

(1)

Prior to installing a temporary family healthcare structure, a permit shall be obtained from the city and associated fees paid.

(2)

The city may revoke the permit if the permit holder violates any provision of this section.

(c)

General standards.

(1)

Any family healthcare structure shall comply with all applicable requirements of the state department of health.

(2)

No signage shall be permitted on the exterior of the structure or anywhere on the property.

(3)

Any temporary family healthcare structure shall be removed within 60 days of the date on which the temporary family healthcare structure was last occupied by a mentally or physically impaired family member receiving services or assistance.

(a)

Size of use. The maximum area permitted in conjunction with a home occupation shall be as follows:

(1)

No more than 250 square feet or 15 percent of the floor area of the dwelling, whichever is greater; or

(2)

Up to 100 percent of the floor area of an accessory structure.

(b)

Employees and customers.

(1)

No employees, except family members residing in the dwelling unit, shall be permitted at the dwelling unit for business purposes.

(2)

No customers shall be permitted at the dwelling unit for business purposes.

(c)

General standards.

(1)

There shall be no change in the exterior of the structure and/or property to indicate the home occupation use.

(2)

No advertising of any type shall use the street address.

(3)

No signs shall be permitted.

(4)

Materials and supplies associated with the home occupation shall be limited to just-in-time delivery and storage practices. No bulk storage on-site is permitted.

(5)

Exterior storage of business-related equipment, trailers, materials, or merchandise is prohibited.

(6)

The type of traffic generated by the home occupation shall be consistent with the type of traffic of other dwellings in the area.

(7)

The home occupation shall not increase the demand on public water, public sewer, or garbage collection services to the extent that its use combined with the residential use of the dwelling shall not be significantly higher than is normal for residential uses.

(a)

Lot area.

(1)

Minimum of one acre.

(2)

Areas within a 100-year floodplain and areas within a public right-of-way shall not count towards the minimum acreage for the manufactured home park.

(3)

Minimum size of each individual lot within the manufactured home park shall be 4,500 square feet.

(b)

Frontage. Manufactured home parks shall have minimum frontage of 50 feet on a public street.

(c)

Setbacks.

(1)

Setbacks for the manufactured home park shall comply with article IV, primary zoning districts, of this ordinance.

(2)

Setbacks for individual lots shall be a minimum of:

a.

Front setback: 25 feet from the right-of-way of public streets.

b.

Side and rear setbacks: ten feet.

(d)

Density.

(1)

The maximum number of manufactured home units in a manufactured home park shall be eight units per acre.

(2)

Maximum of 50 manufactured homes per manufactured home park.

(3)

Maximum of one manufactured home per lot.

(e)

Manufactured home placement. Manufactured homes shall be placed in designated pad sites and shall not obstruct any road, private pavement, sidewalk, or public utility easement.

(f)

Screening. Manufactured home parks shall require a transitional buffer, in accordance with article VIII, community design standards, of this ordinance.

(g)

Open space and recreation.

(1)

A minimum of 500 square feet of recreation area shall be required per manufactured home lot.

a.

Fifty percent of the required area shall be outside of designated floodplains.

(2)

Recreation facilities such as playground equipment, playfields and courts, picnic tables, and benches, as deemed appropriate at time of plan review, shall be installed within the required recreation area.

a.

All recreational facilities shall be designed, constructed, and maintained to be safe for users.

b.

The size and shape of each recreation area shall be adequate for the intended use.

(3)

All required safety fall zones and surfacing standards shall be met.

(h)

Streets.

(1)

Manufactured home parks shall have access to a paved public street.

(2)

The design and construction of the interior street system shall be sufficient to adequately serve the size and density of the development.

(3)

All interior streets shall conform and be constructed to the specification of chapter 62 of this Code.

(4)

The internal street improvements shall extend continuously from the existing improved street system to provide suitable emergency vehicle access to manufactured homes, to provide adequate connections to the existing or future streets at the boundaries of the property, and to provide convenient circulation of vehicles with origins or destinations on the property.

(i)

Service areas. Centrally located service buildings may provide common laundry facilities, office space for management, and accessory uses customarily incidental to the operation and maintenance of a manufactured home park.

(j)

Utilities.

(1)

Water and sewer. All manufactured parks shall be provided with a central water system and an approved sewer system, by the state health department, and all manufactured homes within a manufactured home park shall be required to hook up to such systems.

(2)

Electricity. Each manufactured home space shall be provided with electrical service installed in accordance with the National Electrical Code.

(k)

Refuse. An acceptable garbage and refuse collection program and temporary storage system shall be provided, with such program and physical system subject to final plan approval.

(1)

The accepted garbage and refuse collection program shall be the responsibility of the manufactured home park owner/operator.

(2)

Each manufactured home lot shall be provided with at least one garbage or trash container.

(3)

Any common refuse collection areas visible from adjacent property or roads shall be screened from view in accordance with article VIII, community design standards, of this ordinance.

(l)

Maintenance.

(1)

Internal streets shall be maintained by the owner of each manufactured home park in order that such streets remain unobstructed and in suitable condition for passage of tenants, visitors, and public safety vehicles.

(2)

Recreation and open areas designed for common use shall be maintained by the owner of each park in order that such areas present a tidy appearance and do not offer refuge for rodents and other pests.

(a)

Definitions. The following shall apply as used in this section:

Booking transaction means any transaction in which there is a charge to a transient by a host for the occupancy of any dwelling, sleeping, or lodging accommodations.

Guest or transient means a person who occupies a short-term rental unit.

Primary resident (or host) means the owner of the short-term rental unit, or lessee of the short-term rental unit with a lease agreement that is one year or greater in length, who occupies the property as his or her principal place of residence and domicile. In determining compliance with these regulations, the host has the burden of demonstrating that the dwelling unit is his or her primary residence.

Residential dwelling unit means a residence where one or more persons maintain a household.

(b)

Registration and other requirements.

(1)

No host shall operate a short-term rental business without having registered with the administrator as required by Code of Virginia, § 15.2-983, as amended.

(2)

The administrator will report all registrations to the city commissioner of the revenue for the collection of all appropriate tax, including transient lodging tax, and any required business licensure fees.

(3)

The registration form shall include the following information:

a.

The name, telephone number, address, and email address of the host.

b.

A reminder about the importance of having appropriate levels of insurance that covers the short-term rental, the host, and the guests.

(4)

The registration shall be valid January 1 (or from whatever date the registration first occurs) through December 31 of the calendar year and shall be renewed annually.

(c)

Registration revocation, suspension, or cancellation.

(1)

A registration may be revoked, suspended, or cancelled for the following reasons:

a.

Failure to collect and/or remit the transient occupancy tax or other business taxes required by the city.

b.

Three or more substantiated complaints (including, but not limited to, noise and excess trash) within a rolling 12-month period.

(2)

A formal complaint shall be filed with the administrator to be considered received.

a.

If violations occur, as supplied in subsection (c)(1) above, the administrator may revoke, suspend, or cancel the registration.

(3)

Before any suspension or cancellation can be effective, the administrator shall give written notice to the short-term rental host.

a.

The notice of revocation, suspension, or cancellation issued under the provisions of this ordinance shall contain:

1.

A description of the violation(s) constituting the basis of the suspension or cancellation; and

2.

If applicable, a statement of acts necessary to correct the violation.

(4)

In accordance with article III, permits and applications, of this ordinance, an applicant may appeal the administrator's decision for revocation, suspension, or cancellation of the registration.

(d)

Use regulations.

(1)

The unit shall meet all applicable building codes.

(2)

No signage shall be allowed in conjunction with this use.

(3)

No recreational vehicles, buses, or trailers shall be used in conjunction with the short-term rental use to increase the occupancy of the rental unit.

(4)

The host shall not permit occupancy of a short-term rental unit for a period of less than overnight, or more than 92 consecutive days, including all extensions and renewals to the same person or a person affiliated with the lessee, in accordance with Code of Virginia, § 58.1-3510.4.

(5)

The physical and aesthetic impact of required off-street parking shall not be detrimental to the existing character of the house and lot or to the surrounding neighborhood.

(e)

Penalty.

(1)

Any short-term rental business in violation of zoning regulations, including operation without registering, is subject to all relevant penalties as set forth by the city.

(2)

It shall be unlawful to operate a short-term rental:

a.

Without obtaining a business license and a registration as required by this article;

b.

After a registration has been suspended or cancelled; or

c.

In violation of any other requirement of this article.

(a)

Location. Except where animals are confined in soundproofed buildings, no portion of the use, excluding required screening and landscape buffers, shall be located within:

(1)

One hundred feet from the property lines of adjoining residential zoned or planned development property; and

(2)

Two hundred feet from any dwelling not on the associated parcel.

(b)

General standards.

(1)

All exterior runs, play areas, or arenas shall be designed with a minimum six-foot-high opaque screen from adjacent lot lines and street rights-of-way.

(2)

Animal shelters shall be kept free of waste on a regular basis to minimize impacts of odor and reduce propagation of pests.

(3)

Waste disposal shall be in accordance with state department of health standards.

(4)

All animals shall be kept within a totally enclosed part of the structure(s) between the hours of 10:00 p.m. and 7:00 a.m. This does not include leashed walking of animals.

(a)

Uses.

(1)

Principal or accessory use. For the purposes of determining compliance with the standards of this ordinance, telecommunication facilities may be considered either principal or accessory uses.

a.

An existing use or an existing structure on the same lot shall not preclude the installation of a telecommunication facility on such lot.

b.

For purposes of determining whether the installation of a telecommunication facility complies with district regulations, the dimensions of the entire lot shall control, even though the facility may be located on leased area within such lots.

(2)

Nonconforming uses. Telecommunication facilities that are constructed, and antennas that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure.

(3)

Excluded uses. The following uses are not subject to the requirements of this section for telecommunications facilities:

a.

Amateur radio operations as regulated by Code of Virginia, § 15.2-2293.1, as amended.

b.

Television reception antennas that are less than 35 feet above ground level (AGL) and used exclusively for non-commercial purposes.

c.

Ground-mounted satellite earth station antennas that are less than or equal to ten feet AGL, less than or equal to six feet in diameter and used exclusively for non-commercial purposes.

d.

Micro-wireless facilities, provided that they are less than or equal to 80 feet AGL. Co-location of additional antennae should be sought. The city reserves the right to require "stealth technology" to hide or camouflage wireless facilities for micro-wireless facilities.

e.

Satellite earth station antennas. Ground-mounted satellite earth station antennas that are less than or equal to ten feet AGL, less than or equal to six feet in diameter, and used exclusively for non-commercial purposes.

f.

City owned or operated wireless telecommunication facilities are exempt from the requirements of this article but are expected to adhere, to the extent reasonably possible, to the standards described herein.

g.

Any wireless communication antenna that meets the definition of a "administrative review-eligible project" as defined in Code of Virginia, § 15.2-2316.6, as amended, is considered a "utility service, minor" by this article and is not subject to the provisions of this section.

(b)

Local government access. Owners of all new telecommunication facilities shall provide, at no cost to the city, colocation opportunities as a community benefit to improve radio communication for city departments and emergency services (including both tower space and sheltered equipment space on the ground). All proposals for a telecommunication facility shall acknowledge the critical role of the city's radio system for emergency services including fire, rescue, and law enforcement personnel and shall warrant that no interference with the city's radio system shall result from such installation.

(c)

Location preference. The following sites shall be considered by applicants as the preferred order of location of proposed telecommunications facilities, subsection (1) below being the most preferred, and subsection (3) below being the least preferred:

(1)

Existing telecommunication facilities (towers).

(2)

Public structures, such as water towers, utility structures, fire stations, bridges, steeples, and other public buildings not utilized primarily for residential uses.

(3)

Property zoned industrial.

(d)

Colocation requirements.

(1)

Existing towers may be extended to allow for additional users provided that the overall height of the tower is not increased by more than 15 feet for each new user and that the overall height of the structure does not exceed 199 feet.

(2)

No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the city that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna shall consist of the following minimum information:

a.

No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements;

b.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements;

c.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment;

d.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna;

e.

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable; and;

f.

The applicant demonstrates that there are other limiting factors that render the existing towers and structures unsuitable.

(e)

Design standards.

(1)

Broadcasting or communication towers shall be of a monopole design unless the city council determines that an alternative design would better blend into the surrounding environment.

(2)

Towers shall be designed to collapse fully within the lot lines of the subject property in case of structural failure.

(3)

Unless utilizing camouflaging designs, towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the Federal Aviation Administration (FAA), be painted a neutral color, to reduce visual obtrusiveness.

(4)

Dish antennas will be of a neutral, non-reflective color with no logos. Towers that are painted shall be repainted if the original color has significantly degraded as the result of the fading, pealing, flaking, or rust.

(5)

At a facility site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and surrounding structures.

(6)

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment shall be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure to make the antenna and related equipment as visually unobtrusive as possible.

(7)

Towers shall be illuminated as required by the Federal Communications Commission, (FCC) but no lighting shall be incorporated if not required by the FCC, other than essential security lighting. Site lighting shall be full cut-off and directed downward. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower.

(8)

No advertising of any type shall be placed on the tower or accompanying facility.

(9)

All towers shall meet or exceed current standards and regulations of the FAA and the Federal Communications Commission (FCC), and any other agency of the federal government with the authority to regulate towers and antennas. Towers that are painted, as required by the FAA, shall be repainted as necessary to maintain minimum visibility requirements as set forth by the FAA.

(10)

To ensure structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable federal, state, and local building codes and regulations.

(11)

The area immediately surrounding the tower and access road shall be kept free of trash and debris.

(12)

All electrical devices, fixtures, and wires, to include electric generators and fuel tanks, shall be maintained in compliance with the requirements of the National Electrical Safety Code.

(13)

Tower owners shall maintain towers, telecommunication facilities and antenna support structures in safe condition so that the same shall not menace or endanger the life or property of any person.

(f)

Setbacks. The following setback distances for towers shall be required and shall replace the setbacks otherwise required in the zoning district in which the facility is located.

(1)

The tower shall be set back from any off-site residential structure at least 250 feet.

(2)

Towers, guys, and accessory facilities shall be set back:

a.

One hundred feet from any property line which abuts a residential or planned development district; and

b.

Fifty feet from any property line which abuts a commercial or industrial district.

(3)

No habitable structures or places where people gather shall be located within any "fall zone" as certified by a registered professional engineer licensed in the state.

(4)

A tower's setback may be reduced or its location in relation to a public street varied, at the sole discretion of the city council, to allow the integration of a tower into an existing or proposed structure such as a church steeple, light pole, utility pole, water tower, public facility, or similar structure.

(g)

Height restrictions. Telecommunication facilities shall be designed not to exceed an overall height of 199 feet except as otherwise approved in the conditions of the conditional use permit.

(h)

Security fencing. Ground-mounted towers and equipment shall be enclosed by security fencing to protect against unauthorized access. Unless otherwise specified, a minimum six feet high chain link fence, incorporating an anti-climb device and locked access gate, shall be provided.

(i)

Landscaping. Tower facilities shall be landscaped with a buffer of plant materials that effectively screen the view of the support buildings from adjacent property. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the facilities.

(1)

Natural vegetation sufficient to serve as buffer may be used in lieu of planting a landscaped buffer.

(2)

Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible.

(3)

All plant material used as landscaping and/or buffering shall be tended and maintained in a healthy growing condition. Dead plant material shall be replaced in-kind.

(j)

Signage. Signage on site shall be limited to no trespassing, safety, or FCC required signs to be positioned on the fence surrounding the facility. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.

(1)

The appropriate signage as required by FCC guidelines governing electromagnetic energy fields (EMEF) shall be clearly posted.

(2)

A 24-hour emergency contact information shall be posted at the site by the owner and each co-locator.

(3)

FCC tower registration shall be clearly posted.

(k)

Required application information.

(1)

Actual photographs of the site that include a simulated photographic image of the proposed tower. The photograph with the simulated image shall include foreground, the midground, and the background of the site.

a.

The city staff reserves the right to select the locations for the photographic images and require additional images. As photo simulations may be dependent upon a balloon test first being conducted, the applicant is not required to submit photo simulations with their initial application but shall provide them prior to the public hearing with the planning commission.

(2)

An engineering report, certifying that the proposed tower is structurally suitable and of adequate height for co-location with a minimum of three users including the primary user.

(3)

Copies of the co-location policy. The applicant shall provide copies of propagation maps demonstrating that antennas and sites for possible co-locator antennas are no higher in elevation than necessary.

(4)

A copy of the FAA airspace study shall be provided prior to the issuance of a building permit for the construction tower. The FAA airspace study shall provide confirmation that the tower will not pose any hazard to air navigation.

(5)

A commitment from a service provider to locate on the proposed tower.

(6)

An agreement allowing the city to collocate on the tower for the purpose of emergency service communications.

(7)

A proposed construction schedule.

(8)

Site plans for telecommunications facilities shall include:

a.

Radio frequency coverage and tower height requirements.

b.

All designated "fall zones" as certified by a registered professional engineer licensed in the state.

(9)

Any other information to assess compliance, deemed necessary by the administrator.

(l)

Application process.

(1)

Balloon test. For towers requiring a conditional use permit, a balloon test shall be required for new towers prior to the public hearing with the planning commission.

a.

The applicant shall arrange to raise a colored balloon (no less than three feet in diameter) at the maximum height of the proposed tower and within 50 horizontal feet of the center of the proposed tower.

b.

The applicant shall inform the administrator and adjacent property owners in writing of the date and times of the test at least seven, but no more than 14 days in advance. The notice will direct readers to a new date if the test is postponed due to inclement weather. The applicant shall request in writing permission from the adjacent property owners to access their property during the balloon test to take pictures of the balloon and to evaluate the visual impact of the proposed tower on their property.

c.

The date, time, and location of the balloon test shall be advertised in the city's newspaper of record by the applicant at least seven but no more than 14 days in advance of the test date. The advertisement will direct readers to a new date if the test is postponed due to inclement weather.

d.

The balloon shall be flown for at least four consecutive hours during daylight hours on the date chosen.

e.

Signage shall be posted on the property to identify the property where the balloon is to be launched. The signage will direct readers to a new date if the test is postponed due to inclement weather. This signage shall be posted a minimum of 72 hours prior to the balloon test. If inclement weather postpones the test, then cancellation of the test for that day shall be clearly noted on the signage.

f.

If the wind during the balloon test does not allow the balloon to sustain its maximum height or there is significant fog or precipitation which obscures the balloon's visibility, then the test shall be postponed and moved to the alternate inclement weather date provided in the advertisement. City staff reserves the right to declare weather inclement for purposes of the balloon test.

(2)

Community meeting. For towers requiring a conditional use permit, a community meeting shall be held by the applicant prior to the public hearing with the planning commission.

a.

The applicant shall inform the administrator and adjacent property owners in writing of the date, time, and location of the meeting at least seven but no more than 14 days in advance.

b.

The date, time, and location of the meeting shall be advertised in the city's newspaper of record by the applicant at least seven but no more than 14 days in advance of the meeting date.

c.

The meeting shall be held within the city, at a location open to the public with adequate parking and seating facilities which shall accommodate persons with disabilities.

d.

The meeting shall give members of the public the opportunity to review application materials, ask questions of the applicant and provide feedback.

e.

The applicant shall provide to the administrator a summary of any input received from members of the public at the meeting.

(3)

Approval process and time restrictions.

a.

For all tower applications, the following applies:

1.

Unless some other timeframe is mutually agreed upon, an application for a tower shall be reviewed by the city and a written decision shall be issued within 150 days of a completed submission.

2.

Unless some other timeframe is mutually agreed upon, an application for collocation shall be reviewed by the city and a written decision shall be issued within 90 days of a completed submission.

3.

A complete application for a project shall be deemed approved if the city fails to approve or disapprove the application within the applicable period specified or mutually agreed upon.

b.

For towers requiring a conditional use permit, the following applies:

1.

The approving bodies, in exercise of the city's zoning regulatory authority, may disapprove an application on the grounds that the tower's aesthetic effects are unacceptable, or may condition approval on changes in tower height, design, style, buffers, or other features of the tower or its surrounding area. Such changes need not result in performance identical to that of the original application.

(i)

Factors relevant to aesthetic effects are: the protection of the view in sensitive or particularly scenic areas, and areas containing unique natural features, scenic roadways or historic areas; the concentration of towers in the proposed area; and, whether the height, design, placement or other characteristics of the proposed tower could be modified to have a less intrusive visual impact.

2.

The approving bodies, in accord with Code of Virginia, § 15.2-2316.4.2, as amended, may disapprove an application based on the availability of existing wireless support structures within a reasonable distance that could be used for co-location at reasonable terms and conditions without imposing technical limitations on the applicant.

3.

If the city disapproves an application, it shall provide the applicant with a written statement of the reasons for disapproval. If the locality is aware of any modifications to the project as described in the application that if made would permit the locality to approve the proposed project, the locality shall identify them in the written statement provided. The written statement shall contain substantial record evidence and be publicly released within 30 days of the decision.

(m)

Structural certification and inspections. All proposed towers shall be certified by a licensed professional engineer to be structurally sound and in conformance with the requirements Structural Standards for Steel Antenna Towers and Antenna Supporting Structures (ANSI/TIA/EIA-222-F), International Statewide Building Code and all applicable city, state, and federal laws.

(1)

For new structures, or the extension of existing structures, such certification shall be submitted prior to issuance of the building permit. For existing towers being utilized for co-location, certification shall be provided to verify its capability to support additional loading.

(2)

Over the life of the tower, the city may require the tower owner to inspect and certify the structural integrity of the tower should there be a reason to believe that the tower has degraded to the point where it is believed to pose a legitimate threat to life and/or property. Structural analysis shall be performed within 30 days, upon formal written request of the city.

(3)

The city reserves the right to perform inspections, upon reasonable notice to the tower owner. The city and its agent retain authority to enter onto the property for the purpose of assessing compliance with the statewide building code and all other construction standards provided by this Code and federal and state law. If defects had been identified on previous inspections, the city may, at its discretion require the tower owner to bear the cost of the inspection.

(4)

The tower or telecommunication facilities owner shall certify to the city on an annual basis that it is in compliance with all of the requirements set forth above.

(n)

Review fee. Any out-of-pocket costs incurred by the city for the review of any of the above required information shall be reimbursed by the tower owner.

(o)

Bond. To secure the removal of abandoned structures, the city shall require the tower owner to post a bond, or provide some other reasonable assurance, in an amount to be determined by the city based upon the anticipated removal cost of the tower.

(p)

Abandoned towers. Any antenna or tower that is not operational for a continuous period of 24 months shall be considered abandoned, and the owner of each such antenna or tower shall remove the tower.

(1)

Removal includes the removal of the tower, all tower and fence footers, underground cables, and support buildings. The buildings may remain with the owner's approval.

(2)

If there are two or more users of single tower, then this provision shall become effective when all users cease using the tower.

(3)

The city may dismantle and remove the tower and recover the cost of the same from the owner.

(4)

In the event that the bond amount is insufficient to cover the cost of removal, the city reserves the right to seek the remaining balance from the owner.

(a)

Permitted. In accordance with Code of Virginia, § 15.2-2316.4, as amended, small cell telecommunications facilities shall be permitted by-right in all zoning districts subject to the following general performance standards.

(b)

Installation.

(1)

The small cell telecommunications facility shall be installed by a wireless services provider or wireless infrastructure provider on an existing structure.

(2)

The wireless services provider or wireless infrastructure provider has obtained permission from the owner of the existing structure to collocate the small cell telecommunications facility on the existing structure and to collocate the associated transmission equipment on or proximate to the existing structure.

(3)

Each antenna is located inside an enclosure of, or the antenna and all its exposed elements could fit within an imaginary enclosure of, no more than six cubic feet; and

(4)

Excluding electric meter, concealment, telecommunications demarcation boxes, backup power systems, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services, all other equipment associated with the facility does not exceed 28 cubic feet, or such higher limit as may be established by the Federal Communications Commission.

(c)

Application and review.

(1)

A wireless services provider or wireless infrastructure provider may submit up to 35 permit requests for small cell telecommunications facilities on a single application. Permit application fees shall be in accordance with Code of Virginia, § 15.2-2316.4(B)(2), as amended.

(2)

Permit applications for small cell telecommunications facilities shall be reviewed and approved as follows:

a.

Permit applications for the installation of small cell telecommunications facilities shall be approved or disapproved within 60 days of receipt of the complete application. The 60-day period may be extended by staff upon written notification to the applicant, for a period not to exceed an additional 30 days.

b.

Within ten days of receipt of an application submission and a valid electronic mail address for the applicant, the applicant shall receive an electronic mail notification if the application is incomplete. If the application is determined to be incomplete, the notification shall specify the missing information which needs to be included in a resubmission in order to be determined complete.

c.

Any disapproval of the application shall be in writing and accompanied by an explanation for the disapproval. The disapproval may be based only on any of the following reasons:

1.

Material potential interference with other pre-existing communications facilities or with future communications facilities that have already been designed and planned for a specific location or that have been reserved for future public safety communications facilities;

2.

Public safety or other critical public service needs; and/or

3.

In instances where the installation is to be located on or in publicly owned or publicly controlled property (excluding privately owned structures where the applicant has an agreement for attachment to the structure), aesthetic impact or the absence of all required approvals from all departments, authorities, and agencies with jurisdiction over such property.

d.

A permit application approval shall not be unreasonably conditioned, withheld, or delayed.

e.

An applicant may voluntarily submit, and staff may accept, any conditions that address potential visual or aesthetic effects resulting from the placement of small cell facilities.

f.

The submission of a permit application shall represent a wireless services provider's or wireless infrastructure provider's notification to the city as required by Code of Virginia, § 15.2-2316.4(A), as amended.

For utility uses requiring a structure, not including public water and sewer lines and appurtenances, service lines to consumers, water towers, and above and below ground cables, wires, or pipes where such uses are located in easements:

(1)

If visible from adjacent residential or planned development districts and/or properties that are occupied by a residential dwelling, the use shall be located within an enclosed structure having a style and character compatible with the surrounding residential structures or shall be screened from view in accordance with article VIII, community design standards, of this ordinance.

(2)

A minor utility shall not include facilities for construction, repair, service, or storage of vehicles or off-site utility equipment.

(a)

Purpose. It is a purpose of this section to regulate adult uses in order to promote the health, safety, and general welfare of the citizens of the city and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of adult uses within the city. The requirements of this section have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually-oriented materials. Similarly, it is neither the intent nor effect of this section to restrict or deny access by adults to sexually-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually-oriented entertainment to their intended market. Neither is it the intent nor effect of this ordinance to condone or legitimize the distribution of obscene material.

(b)

Findings. Based on evidence of the adverse secondary effects of adult uses, and on findings, interpretations, and narrowing constructions incorporated in numerous legal cases, it is recognized that:

(1)

Adult uses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects including, but not limited to, personal and property crimes, prostitution, potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding properties, declining property value, urban blight, litter, and sexual assault and exploitation.

(2)

Adult uses should be separated from sensitive land uses, including schools, churches, parks, libraries, public recreation areas, and residential areas, to minimize the impact of their secondary effects upon such uses and should be separated from other sexually-oriented businesses to minimize the secondary effects associated with such uses and to prevent an unnecessary concentration of sexually-oriented businesses in one area.

(3)

Each of the foregoing negative secondary effects constitutes a harm, which the city has a substantial government interest in preventing and/or abating. This substantial government interest in preventing secondary effects exists independent of any comparative analysis between adult uses and non-adult uses. Additionally, the interest in regulating adult uses to preventing future secondary effects of either current or future adult uses that may locate in the city. The city finds that the cases and documentation relied on in this ordinance are reasonably believed to be relevant to said secondary effects.

(c)

Establishment. The establishment of an adult use as referred to herein shall include the opening of such use as a new use, the relocation of such use, the enlargement of such use in either scope or area, or the conversion, in whole or part, of an existing business into an adult use.

(d)

Measurements of distance. All distances specified in this section shall be measured from the property line of one use to another. The distance between an adult use and a residentially or planned development zoned district shall be measured from the property line of the use to the nearest point of the boundary line of the residentially or planned development zoned district.

(1)

No adult use shall be established within 1,000 feet of any other adult use in any zoning district.

(2)

No adult use shall be established within 1,000 feet of a residential zoned district, planned development district, designated historic district, educational facility, religious assembly, public park and recreation area, public use, hotel, nursing home, or day care center as defined in this ordinance.

(e)

Hours of operation. No adult use shall be open:

(1)

More than 72 hours in any week (a week being consecutive days from Sunday to Saturday);

(2)

More than 12 hours within any 24-hour period; or

(3)

Prior to 9:00 a.m. or later than 11:00 p.m.

(f)

Design standards.

(1)

Any signs and exterior lighting shall be in accordance with the regulations of article VIII, community design standards, of this ordinance.

a.

Signs shall not include graphic or pictorial depiction of material available on the premises.

(2)

No adult use shall display adult media, depictions of specified sexual activities or specified anatomical areas in its window, or in a manner visible from the street, highway, or public sidewalk, or the property of others.

(3)

Window areas shall remain transparent.

(a)

Development standards.

(1)

All principal and accessory structures shall comply with the district standards for which they are located.

(2)

The use shall be located and designed so that vehicular circulation does not conflict with traffic movements and pedestrian access within adjacent streets, service drives, and/or parking areas.

(3)

No portion of the use, excluding required screening and landscape buffers, shall be located within 100 feet of a residential or planned development district or structure containing a dwelling unit.

(b)

Parking standards.

(1)

All parking shall comply with article VIII, community design standards of this ordinance.

(2)

All parking, excluding display of vehicles for sale or rental, shall be located to the side or rear of the establishment.

(c)

General standards.

(1)

All repairs and maintenance of vehicles, including parts installation, shall be performed within a completely enclosed building.

(2)

No vehicle or equipment displays shall be located within a required setback, fire lane, travel way, sidewalk, or landscaped area.

(3)

The temporary on-site storage of vehicles awaiting repair, service, or removal shall be on the side or rear of the principal structure and screened from view from any adjacent right-of-way by a building, or by an opaque fence or wall, in accordance with article VIII, community design standards, of this ordinance.

a.

Temporary on-site storage of vehicles is 30 days or less.

(4)

An appropriately sized and designed in-ground grease and oil separator device shall be installed on-site and properly maintained to prevent grease and oil entry into the wastewater system.

(5)

No outdoor storage of inoperable vehicles, parts, or equipment shall be permitted.

(6)

Nothing, including vehicles and vehicle equipment, shall be displayed on the top of a building.

(d)

Sales and rental standards.

(1)

All vehicles for sale or rent shall be parked in a parking space or a vehicle display pad, as shown on an approved site plan.

(2)

One vehicle display pad may be elevated up to two feet above grade level.

(e)

Hazardous materials standards.

(1)

The discharge of fuel, oil, solvents, anti-freeze, and/or other pollutants, hazardous materials, or flammable substances into any public sewer, storm drainage, or other surface waters is prohibited.

(2)

The owner/operator shall prepare an emergency spill notification contingency plan to be approved by the city and posted on the premises before the issuance of any occupancy permits. The owner/operator/tenant shall be responsible for notifying all city departments identified in the contingency plan immediately in the event of a spill or any petroleum product, chemical waste, or other hazardous substance on the property. The owner/operator shall assume full responsibility for all public and private expenses incurred in the clean-up of such spills.

(a)

Location.

(1)

Car washes shall be located and designed so that vehicular circulation does not conflict with traffic movements and pedestrian access within adjacent streets, service drives, and/or parking areas.

(2)

Buildings, structures, and vacuuming facilities shall be a minimum of 100 feet from any residential district or use.

(b)

Prohibited. No sales, repair, or outside storage of motor vehicles shall be conducted on the site.

(c)

Design standards.

(1)

The site must be designed to minimize the potential for turning movement conflicts and to facilitate safe and efficient on-site circulation.

(2)

An appropriately sized and designed in-ground grease and oil separator device shall be installed on-site and properly maintained to prevent grease and oil entry into the wastewater system.

(3)

An automatic water reclamation system shall be used to recover a minimum of 70 percent of the car wash rinse water for reuse.

(d)

Hazardous materials standards.

(1)

The discharge of fuel, oil, solvents, anti-freeze, and/or other pollutants, hazardous materials, or flammable substances into any public sewer, storm drainage, or other surface waters is prohibited.

(2)

The owner/operator shall prepare an emergency spill notification contingency plan to be approved by the city and posted on the premises before the issuance of any occupancy permits. The owner/operator/tenant shall be responsible for notifying all city departments identified in the contingency plan immediately in the event of a spill or any petroleum product, chemical waste, or other hazardous substance on the property. The owner/operator shall assume full responsibility for all public and private expenses incurred in the clean-up of such spills.

Outdoor storage as an accessory use to a construction materials sales operation shall conform with the standards of outdoor storage, as provided in section 90-434 of this article.

(a)

Access.

(1)

Access to public streets or other public ways shall be provided from at least two points at all times. Access points shall be kept clear at all times.

a.

The administrator may modify the number of required accesses.

(2)

All drive-through window facilities shall be located and designed so that vehicular circulation does not conflict with traffic movements in adjacent streets, service drives, and/or parking areas.

(b)

General standards. Drive-through window openings shall be located at least 20 feet from any property line.

(c)

Lighting. The parking area of any drive-through facility shall be adequately illuminated. Such illumination shall be in conformance with the regulations of article VIII, community design standards, of this ordinance.

(d)

Stacking spaces.

(1)

A minimum of four stacking spaces shall be located behind the order speaker and four stacking spaces shall be located between the order speaker and the pickup window.

a.

A minimum of eight stacking spaces shall be provided when there is only a pickup window.

(2)

Stacking spaces shall not interfere with the travel way traffic or designated parking spaces.

(a)

Screening and landscaping. Screening and landscape buffers are required and shall be in accordance with article VIII, community design standards, of this ordinance.

(b)

Location. No storage of equipment shall be located within 50 feet of any public right-of-way.

(c)

General standards.

(1)

All accessory maintenance, service, or repairs shall be performed within a completely enclosed building.

(2)

No equipment displays shall be located within a required setback.

(3)

Elevated equipment displays shall be prohibited.

(4)

Outdoor displays shall be limited to the equipment being sold, rented, or leased on the property. No other display of any other goods, parts, or merchandise shall be permitted.

(5)

Outdoor storage of inoperable vehicles or equipment shall be prohibited.

(6)

Outdoor storage as an accessory use, where permitted, shall not exceed 30 percent of the total site area and shall be subject to the use standards of section 90-434 of this article.

(7)

An appropriately sized and designed in-ground grease and oil separator devise shall be installed on-site and properly maintained to prevent grease and oil entry into the wastewater system.

(d)

Hazardous materials standards.

(1)

The discharge of fuel, oil, solvents, anti-freeze, and/or other pollutants, hazardous materials, or flammable substances into the public sewer, storm drainage, or other surface waters is prohibited.

(2)

The owner/operator shall prepare an emergency spill notification contingency plan to be approved by the city and posted on the premises before the issuance of any occupancy permits. The owner/operator/tenant shall be responsible for notifying all city departments identified in the contingency plan immediately in the event of a spill or any petroleum product, chemical waste, or other hazardous substance on the property. The owner/operator shall assume full responsibility for all public and private expenses incurred in the clean-up of such spills.

(a)

Noise. All noise shall comply with the noise ordinance, chapter 34, article II, of this Code.

(1)

There shall be no amplified noise between 11:00 p.m. and 8:00 a.m., seven days per week.

(b)

Occupancy limitations. For all indoor and outdoor areas, occupancy limits shall comply with all local and state laws.

(1)

Any structure or building utilized for an event, or as an event venue, shall meet the International Building Code requirements for public occupancy.

(a)

Location and dimensional requirements.

(1)

Entrances to the gas station shall be minimized and located in a manner promoting safe and efficient traffic circulating while minimizing the impact on the surrounding neighborhood.

(2)

All gas station driveways and access points shall be a minimum of 100 feet from any residential or planned development district or residence.

(3)

All fuel pump islands, compressed air connections, and similar equipment shall be a minimum of 15 feet from any property line.

(4)

On all corner lots, all driveways, access points, and curb openings shall be set back a minimum of 25 feet from the corner property lines.

(5)

No driveway or access point shall exceed 50 feet in width at the property line, nor be located within 12 feet of a property line.

(6)

There shall be a minimum distance between driveways of 25 feet unless such driveways are less than five feet apart.

(7)

When the above location and dimensional requirements, subsections (1) through (5) above, cannot be met due to site constraints, they may be modified by the joint approval of the administrator, chief of police, and city manager.

(b)

Screening.

(1)

A six feet solid fence, wall, or landscaping shall be provided along property lines adjoining any residentially zoned district or lot containing a dwelling unit.

(2)

Dumpsters or other refuse shall be screened in accordance with article VIII, community design standards, of this ordinance.

(c)

Design standards.

(1)

In cases where there is no existing curb, gutter, or sidewalk along the street or streets from which the gas station shall take access, the developer shall, at his own expense, construct the necessary curb, gutter, and sidewalk according to the specifications of the city.

(2)

Gas canopy shall be compatible with the principal use with regard to design, material, and architectural style.

(3)

Outdoor speakers shall not be audible beyond the property lines.

(4)

Under-canopy lighting shall consist of recessed, flat lens fixtures.

(5)

An appropriately sized and designed in-ground grease and oil separator device shall be installed on-site and properly maintained to prevent grease and oil entry into the wastewater system.

(d)

General standards.

(1)

There shall be no storage of automobiles, trailers, recreational vehicles, boats, or similar equipment.

(2)

Sales of limited fuel oil or bottled gas is permitted as an accessory use.

(3)

Fuel dispensers, pump islands, overhead canopy, and air and water dispensers shall be removed upon cessation of the use for a period of more than one year.

(4)

The administrator may require a traffic analysis to be provided by the applicant. Such analysis may include, but not be limited to, the proposed traffic flows, sight visibility for emerging vehicles, and other public safety factors.

(e)

Hazardous materials standards.

(1)

All hazardous materials shall be handled, recycled, or disposed of according to federal, state, and local laws.

(2)

The owner/operator shall prepare an emergency spill notification contingency plan to be approved by the city and posted on the premises before the issuance of any occupancy permits. The owner/operator/tenant shall be responsible for notifying all city departments identified in the contingency plan immediately in the event of a spill or any petroleum product, chemical waste, or other hazardous substance on the property. The owner/operator shall assume full responsibility for all public and private expenses incurred in the clean-up of such spills.

(a)

Location. Except where animals are confined in soundproofed buildings, no portion of the use, excluding required screening and landscape buffers, shall be located within:

(1)

One hundred feet from the property lines of adjoining residential zoned or planned development property; and

(2)

Two hundred feet from any dwelling not on the associated parcel.

(b)

General standards.

(1)

All exterior runs, play areas, or arenas shall be designed with a minimum six-foot-high opaque screen from adjacent lot lines and street rights-of-way.

(2)

Animal shelters shall be kept free of waste on a regular basis to minimize impacts of odor and reduce propagation of pests.

(3)

Waste disposal shall be in accordance with state department of health standards.

(4)

All animals shall be kept within a totally enclosed part of the structure(s) between the hours of 10:00 p.m. and 7:00 a.m. This does not include leashed walking of animals.

(a)

Seasonal/temporary permits. Each stand for the retail sale of seasonal/temporary goods, including Christmas trees or fireworks, shall obtain a seasonal/temporary outdoor sales permit by the administrator prior to setup and sales.

(1)

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

(2)

Waiting period. No permit shall be issued to an applicant, unless or until:

a.

A minimum of 30 consecutive days after a permit issued to that applicant for the same or an adjacent lot or parcel has expired.

(3)

Time limits.

a.

Seasonal sales (fireworks, Christmas trees, etc.) shall be permitted for a period not to exceed 60 consecutive days.

b.

Temporary sales (rummage sales, yard sales, sidewalk sales, etc.) shall be permitted for a period not to exceed three consecutive days.

(4)

Setbacks. The outdoor sales stand or display shall be setback at least 15 feet from any public right-of-way and outside any required landscape buffer.

(5)

Parking. Parking shall be supplied on the site of the primary use and not along the public right-of-way.

(6)

Signs. Signs for the use shall be in accordance with article VIII, community design standards, of this ordinance.

(b)

Outdoor sales and display (as a primary use or an accessory use to a commercial retail use.

(1)

Outdoor sales and display shall only be permitted within an area not greater than 800 square feet for ten percent of the gross floor area of the ground floor of the building, whichever is greater.

(2)

Outdoor sales and display shall be located at least 25 feet from a residential use or a residentially zoned property.

(3)

Outdoor sales and display shall meet the primary building setbacks of the underlying zoning district.

(4)

Stacked items shall not exceed five feet.

(5)

No outdoor sales and display shall be allowed in areas set aside, required, or designated from driving aisles, driveways, maneuvering areas, emergency access ways, off-street parking, or unloading/loading.

(6)

Outdoor sales and display of items shall be located on a "hard and durable" surface.

(7)

All items shall be maintained in a neat and orderly fashion, and in good condition.

(Ord. No. 25-01, § 2, 4-1-25)

(a)

Activity.

(1)

Parking shall be the principal use of all parking facilities. Spaces may be rented for parking, but no other business of any kind shall be conducted in the structure or lot except for city-sanctioned outdoor markets or permitted mobile food restaurants.

(2)

No motor vehicle work shall be permitted in association with a parking facility except under emergency service work.

(3)

No outdoor storage of inoperable vehicles or equipment shall be permitted.

(b)

Design. To retain all cars completely within the parking lot, a rail, fence, wall, landscape hedge, or other continuous barricade of no less than three feet tall shall be provided except at exit or access driveways.

(c)

Screening. Screening shall be provided on each side of the parking lot which:

(1)

Abuts upon any residential district or use or planned development; or

(2)

Faces across a street, alley, or place from any lot in a residential district or use or planned development.

(3)

Screening shall be in conformance with the regulations of article VIII, community design standards, of this ordinance.

(a)

Application requirements.

(1)

Applications for a mobile food unit shall provide the following:

a.

A city-issued business license, or a statement from the commissioner of the revenue stating that no city business license is required;

b.

A valid permit from the state department of health stating that the mobile food unit meets all applicable standards. A valid health permit must be maintained for the duration of the mobile food unit permit;

c.

Valid registration documents from the state department of motor vehicles for the mobile food unit, including both vehicle and trailer registration, as applicable.

d.

Written permission from the owner(s) of the property upon which the mobile food unit will operate;

e.

Description of the days of the week and hours of operation for proposed vending at each proposed property;

f.

A sketch to be approved by the administrator, for each property, that illustrates access to the site, all parking areas, routes for ingress and egress, placement of the mobile food unit, distance from the property lines, garbage receptacles and any other feature associated with the mobile food unit; and

g.

An annual fee, as provided in planning and zoning fee schedule of this Code.

(2)

A mobile food unit permit is valid through December 31 of the year upon which the permit was issued.

(3)

The mobile food unit must conspicuously display the approved permits for public inspection.

(4)

No additional permit shall be required for the location or setup of a mobile food unit on private property for the catering or providing of food service to a private, temporary event (weddings, birthdays, picnics, etc.). During such an event, no public vending shall be permitted.

(5)

Permit and fee shall not be required for individual mobile food unit if the operator is participating in a fair, festival, or similar event on private property, after the approval of a zoning permit authorizing mobile food units on the property.

(b)

Noise. All noise associated with the mobile food unit—including the operation of the mobile restaurant, music, or use of a generator—shall comply with chapter 24, article II of this Code pertaining to noise control.

(c)

Signage.

(1)

No signs shall be displayed except:

a.

Those permanently affixed to the licensed vehicle and/or trailer associated with the mobile food unit;

b.

One A-frame sign not to exceed four feet in height and six square feet of display for each of the two sides; and

c.

The sign cannot block any passageways.

(2)

Advertisements for businesses other than the mobile food unit may not be utilized.

(d)

Trash and waste.

(1)

Trash receptacles shall be provided, and all trash, refuse, or recyclables generated by the mobile food unit shall be removed from the site by the operator at the end of the business day.

a.

Public trash receptacles shall not be used for compliance with this section.

(2)

No liquid or solid wastes shall be discharged from a mobile food unit.

(e)

Operation hours.

(1)

Mobile food units may operate between 6:00 a.m. and 9:00 p.m. Sunday to Thursday and between 6:00 a.m. to 11:00 p.m. Friday and Saturday (including set-up and break-down) on any one day at any single location. The vehicle/trailer and all accessory structures shall be removed each day.

(2)

No mobile food unit shall remain on-site at a single location for more than 12 consecutive hours.

(f)

Set-up standards.

(1)

One ten-by-ten-foot tent and one table, that fits underneath the tent, may be utilized to provide condiments to patrons.

(2)

No tables or chairs for patron use may be set up in association with the mobile food unit.

(3)

A three feet wide area of visibility clearance must be maintained around the mobile food unit.

(g)

Location and parking.

(1)

Mobile food units shall be only permitted as provided in article VI, use matrix, of this ordinance.

(2)

No mobile food unit shall locate within 100 feet of an entrance to any brick-and-mortar restaurant (determined by measuring from the edge of the mobile food unit to the main public entrance of the brick-and-mortar establishment) unless permission by the owner of the brick-and-mortar restaurant is provided.

(3)

Notwithstanding subsection (2) above, mobile food units may be in any off-street parking lot, so long as the location does not block any drives, aisles, ingress and egress from the property or designated emergency/fire lanes.

(4)

No mobile food unit shall park on any fire lane, road, or right-of-way, whether public or private.

(5)

No parking space that satisfies the minimum parking requirements of this ordinance shall be converted into a parking space or vending area to accommodate a mobile food unit.

(6)

Parking of mobile restaurants shall not impact required parking for other uses.

(a)

Location. Except where animals are confined in soundproofed buildings, no portion of the use, excluding required screening and landscape buffers, shall be located within:

(1)

One hundred feet from the property lines of adjoining residential zoned or planned development property; and

(2)

Two hundred feet from any dwelling not on the associated parcel.

(b)

General standards.

(1)

All exterior runs, play areas, or arenas shall be designed with a minimum six-foot-high opaque screen from adjacent lot lines and street rights-of-way.

(2)

Animal shelters shall be kept free of waste on a regular basis to minimize impacts of odor and reduce propagation of pests.

(3)

Waste disposal shall be in accordance with state department of health standards.

(4)

All animals shall be kept within a totally enclosed part of the structure(s) between the hours of 10:00 p.m. and 7:00 a.m. This does not include leashed walking of animals.

(a)

Outdoor storage as an accessory use to a construction yard shall conform with the standards of outdoor storage, as provided in section 90-434 of this article.

(b)

All areas of the construction yard shall be operated and maintained in such a manner as not to allow the breeding of rats, flies, mosquitoes or other disease-carrying animals and insects.

(a)

General standards. In accordance with Code of Virginia, § 33.2-804, as amended, junkyards are permitted with the following standards.

(1)

Junkyards/salvage yards shall be:

a.

Setback at least 500 feet from any street, road, or other right-of-way.

b.

Completely screened by a solid wall or fence, including solid entrance and exit gates, not less than six feet in height, so as not to be visible from any right-of-way.

1.

All walls and fences shall have a uniform and durable character and shall be properly maintained. All screening shall be in accordance with article VIII, community design standards, of this ordinance.

2.

No wall or fence screening shall encroach into a sight distance triangle.

3.

Vehicles, parts, materials, and equipment stored shall not be stacked higher than the screening wall or fence.

4.

When walls and fences are adjacent to commercial, residential, or planned development districts, a landscaped buffer shall be provided to break visibility of the fence in accordance with article VIII, community design standards, of this ordinance.

c.

Operated and maintained in such a manner as not to allow the breeding of rats, flies, mosquitoes or other disease-carrying animals and insects.

(2)

Junkyards/salvage yards shall not:

a.

Involve collection or storage of any material containing, or contaminated with, dangerous explosives, chemicals, gases, or radioactive substances.

(a)

Activity. No portion of the facility shall be used to manufacture, fabricate, or process goods; to service or repair vehicles, small engines, or electrical equipment, or conduct similar repair activities; to conduct sales or retail sales of any kind, or to conduct any other commercial or industrial activity on the site.

(1)

The owner/operator shall be allowed to sell moving and packaging materials and related items and to hold auctions on site for the disposal of goods stored on the premises.

(b)

Prohibited.

(1)

No storage of hazardous, toxic, or explosive materials shall occur in the facility. Signs shall be posted within the facility describing such limitations. No storage of combustible or flammable liquids, combustible fibers, or explosive materials, or toxic materials, shall be permitted on the premises.

(2)

Self-storage facilities shall not include portable storage containers, shipping containers and/or tractor trailers.

(3)

Incidental parking or storage of motor vehicles, including trucks or moving vans is not allowed, except for purposes of loading and unloading, or if approved as a part of a automobile sales and rental establishment.

(c)

General standards.

(1)

Except as otherwise authorized in this section, all personal property shall be stored within enclosed buildings.

(2)

Access to all self-service storage rental spaces must be from the interior of the site. No individual storage bay doors, storage items, or lighted hallways along the lengths of the building façades may be visible from the public right-of-way.

(3)

Fire hydrants and/or fire suppression devices shall be provided, installed, and maintained in compliance with applicable codes and regulations.

(4)

No more than one security or caretaker quarters may be developed on the site, and any such quarters shall be integrated into the facility's design.

(5)

All access ways on the site shall be paved with asphalt, concrete, or comparable paving materials.

(6)

Loading and unloading areas must be located, screened or fully enclosed to minimize the potential for adverse impacts on adjacent property.

(7)

All areas with street frontage not occupied by a building or structure shall include a wall/fence or screening in accordance with article VIII, community design standards, of this ordinance.

(a)

Equipment enclosure. All equipment must be enclosed or screened by a wall or barrier to reduce visual and noise impacts.

(b)

Residential setback. Minimum 100 feet from adjacent residential district or property, including backup generators or outdoor equipment.

(c)

Noise study. Pre- and post-construction noise impact assessments required to comply with the noise ordinance.

(d)

Landscaping and buffering. Required per article VIII, community design standards.

(e)

Parking. Same requirements as warehousing and distribution.

(f)

Utility demand.

(1)

Applicant must provide documentation of available electrical service capacity.

(2)

A utility impact assessment must be submitted from the service provider (e.g. Dominion Energy).

(3)

Facility must include backup systems for critical load continuity.

(g)

Water usage.

(1)

If water cooling is used, system must meet public works and environmental guidelines.

(2)

Water efficiency and monitoring systems are required.

(Ord. No. 25-26, § 3, 9-24-25)

(a)

Exemptions. Residential accessory structures including, but not limited to, flag poles, basketball hoops, clotheslines, arbors, swings, structures less than six square feet, or residential yard ornaments shall be exempt from the minimum setback, lot area, and certification requirements as specified in this section.

(b)

Development standards.

(1)

Accessory structures shall meet the standards of the underlying zoning district, including setbacks and height regulations provided in article IV, primary zoning districts, of this ordinance.

(2)

Accessory structures are not permitted in front setbacks.

(3)

Accessory structures shall not exceed 40 percent of the gross floor area of the main structure.

(c)

Permanent portable storage containers.

(1)

A zoning permit is required for any portable storage container used as permanent storage.

(2)

Portable storage containers used as permanent storage located outside of a fully enclosed building or structure is only permitted in the C-2, I-1, and I-2 zoning districts.

(3)

When visible from adjacent properties or streets, the storage containers shall be screened in compliance with article VIII, community design standards, of this ordinance, and kept in good condition.

(4)

The portable storage container shall meet all accessory structure setback requirements for the district in which it is located.

(5)

Other than the required zoning permit, no sign shall be attached to a portable storage container except to provide the contact information of the container provider.

(6)

Portable storage containers shall not be used as a principal use or main building or structure.

(7)

The vertical stacking of portable storage containers and the stacking of any other materials or merchandise on top of any storage container shall be prohibited.

(d)

Temporary portable storage containers.

(1)

A zoning permit is required for any portable storage container used temporarily and located on a lot for more than 15 calendar days.

(2)

No permit shall be granted for more than 60 calendar days.

(3)

The portable storage container shall be placed a minimum of five feet from the property line, or on the driveway of the lot.

(4)

When it can be demonstrated that space is not available on the lot, one portable storage container may be placed in a legal parking space on the street for a period no longer than 15 days, with the approval of the city.

(5)

Other than the required zoning permit, no sign shall be attached to a portable storage container except to provide the contact information of the container provider.

(6)

The vertical stacking of portable storage containers and the stacking of any other materials or merchandise on top of any storage container shall be prohibited.

(a)

Dwelling units shall be allowed without restriction on the second or higher floor.

(b)

Dwelling units occupying the first floor of any structure shall only be allowed under the following circumstances:

(1)

The first-floor residential units are not visible from a main thoroughfare.

a.

If the building fronts on a main thoroughfare, the residential portion on the first floor shall be shielded by office or retail space or a lobby that maintains a commercial appearance.

(2)

At least 50 percent of the first-floor area shall be dedicated to non-residential use.

(a)

Residential yard sales do not require a zoning permit, but they shall comply with all regulations of this section, and other applicable regulations of this Code.

(b)

No more than four residential yard sales may be held within a given calendar year by the same household at the same location.

(c)

No residential yard sale shall last more than three consecutive days, limited to daylight hours.

(d)

Goods intended for sale shall not be stored or displayed in the front or side yards of a dwelling except on the day of the sale.

(a)

Intent. The following standards are intended to mitigate impacts of outdoor storage as a principal use, or as an accessory use to commercial and industrial businesses. Examples include construction materials, such as stacks of lumber or stone; equipment; surplus goods; among other items.

(b)

Location. No outdoor storage shall be located within 50 feet of a residential or planned development district.

(c)

Screening, buffering, and landscaping.

(1)

Outdoor storage areas shall be screened by a solid wall or fence, including solid entrance and exit gates, not less than six feet nor more than ten feet in height. All walls and fences shall have a uniform and durable character and shall be properly maintained. All screening shall be in accordance with article VIII, community design standards, of this ordinance.

(2)

When walls and fences are adjacent to commercial, residential, or planned development districts, a landscaped buffer shall be provided to break visibility of the fence in accordance with article VIII, community design standards, of this ordinance.

(3)

Outdoor storage shall be located on the side or rear of the main structure and screened from view from any adjacent roadway.

(4)

No wall or fence screening a storage area shall encroach into a sight distance triangle.

(5)

Parts, materials, and equipment stored in a storage area shall not be stacked and/or piled higher than the screening wall or fence.

(a)

Intent.

(1)

The intent of this section is to allow medium-scale solar energy facilities in a manner that promotes the development of renewable energy sources, while limiting and mitigating impacts on natural resources and existing residential, commercial, industrial, historical, cultural, and recreational uses of property, or the future development of such uses of property within the city.

(2)

The purpose of this section is to outline the process and requirements for the construction, installation, operation, and decommissioning of medium-scale solar energy facilities that ensures the protection of health, safety, and welfare of the city.

(3)

This section is not intended to abridge safety, health, environmental, or land use requirements contained in other applicable laws, codes, regulations, standards, or ordinances. This section does not supersede or nullify any provision of local, state, or federal law that applies to solar energy facilities.

(b)

Compliance.

(1)

All medium-scale solar energy facilities shall fully comply with all applicable local regulations, as well as all applicable state and federal regulations, including but not limited to, the U.S. Environmental Protection Agency (EPA), Federal Aviation Administration (FAA), State Corporation Commission (SCC) or equivalent, any state departments related to environmental quality, parks, and wildlife protection, as well as all the applicable regulations of any other agencies that were in force at the time of the permit approval.

(2)

The design and installation of all medium-scale solar energy facilities shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), or other similar certifying organizations and shall comply with all fire and safety requirements.

(c)

Megawattage.

(1)

Minimum generation of 500 kilowatts (500 KW).

(2)

Maximum generation of five megawatts (five MW).

(d)

Consumption. Generated electricity may be used for on-site consumption, provided to electric cooperative member-customers (non-retail, from behind the meter), or distributed for commercial consumption.

(e)

Land disturbance. The clearing, grading, and overall site disturbance is limited to only that which is necessary; superfluous clearing and grading is not permitted, in order to retain existing trees and other groundcover.

(f)

Grid tied system. No grid-tied system shall be installed until evidence has been given as part of the application that the owner has been approved by the utility company to install the system.

(g)

Height limits.

(1)

If the medium-scale solar energy facility is ground-mounted or not flush-mounted on a principal or accessory building, the facility's height shall not exceed 15 feet at the tallest point.

(2)

If the medium-solar energy facility is roof-mounted or otherwise integrated into a principal or accessory building, the facility's height shall not exceed the maximum height limit of the district in which it is located.

(h)

Setbacks. The solar energy facility shall comply with all setback requirements of the district in which it is located.

(1)

Regardless of whether a medium-scale solar facility is accessory to another use on the lot, all medium-scale solar facilities shall comply with the district's principal structure setbacks.

(i)

Landscaping and screening. Landscaping and screening shall be provided for ground mounted solar to block visibility of the panel(s) and ancillary equipment from adjacent properties. All landscaping and screening shall be in accordance with article VIII, community design standards, of this ordinance.

(j)

Design standards.

(1)

The lowest surface of any panel shall be a maximum of four feet above the finished grade on which the panel is located.

(2)

All wiring not on the solar arrays shall be underground except where necessary to connect to the public utility.

(k)

Liability insurance. The owner shall provide proof of adequate liability insurance for a medium-solar facility prior to beginning construction and before the issuance of any permits.

(l)

Inspection.

(1)

The owner will allow designated city staff access to the facility for inspection purposes. The city staff will provide the owner with 24-hour notice prior to such inspection when practicable.

(2)

The owner shall reimburse the city its costs in obtaining an independent third-party to conduct inspections required by local and state laws and regulations.

(m)

Decommissioning and reclamation.

(1)

All applications for a medium-scale solar energy facility shall require a decommission and reclamation plan, as provided in subsection (n) below.

(2)

Medium-scale solar energy facilities which have reached the end of their useful life, have been abandoned, or have not been in active and continuous service for a period of 12 months shall be removed at the owner's or operator's expense, except if the project is being repowered or a force majeure event has or is occurring requiring longer repairs; however, the city may require evidentiary support that a longer repair period is necessary.

(3)

The owner or operator shall notify the administrator by certified mail of the proposed date of discontinued operations and plans for removal.

(4)

If a facility is abandoned and the owner receives a notice of abandonment from the administrator, the owner shall either complete all decommissioning activities and remove the solar energy facility in accordance with the decommission and reclamation plan or resume regular operation within 30 days.

(5)

If the owner of the solar facility fails to remove the installation in accordance with the requirements of the decommission and reclamation plan, or within the proposed date of decommissioning, the city may collect the surety and the city or hired third party may enter the property to physically remove the installation.

(n)

Decommission and reclamation plan.

(1)

All decommissioning and reclamation plans shall be certified by an engineer or contractor with demonstrated expertise in solar facility removal, and shall include the following:

a.

The anticipated life of the project.

b.

An estimated deconstruction schedule.

c.

The estimated decommissioning cost in current dollars.

d.

The estimated cost of decommissioning shall be guaranteed by bond, letter of credit, or other security approved by the city.

1.

The owner shall deposit the required amount into the approved escrow account before any building permit is issued to allow construction of the medium-scale solar facility.

2.

The escrow account agreement shall prohibit the release of the bond without the written consent of the city. The city shall consent to the release of the bond upon on the owner's compliance with the approved decommission and reclamation plan. The city may approve the partial release of the bond as portions of the approved decommission and reclamation plan are performed.

3.

The dollar amount of the bond shall be the full amount of the estimated decommissioning cost without regard to the possibility of salvage value.

4.

The owner or occupant shall recalculate the estimated cost of decommissioning every five years. If the recalculated estimated cost of decommissioning exceeds the original estimated cost of decommissioning by ten percent, then the owner or occupant shall deposit additional funds into the bond to meet the new cost estimate. If the recalculated estimated cost of decommissioning is less than 90 percent of the original estimated cost of decommissioning, then the city may approve reducing the amount of the bond to the recalculated estimate of decommissioning cost.

(2)

Decommissioning shall include removal of all solar electric systems, buildings, cabling, electrical components, security barriers, roads, foundations, pilings, and any other associated facilities.

(3)

The site shall be graded and re-seeded or replanted within 12 months of removal of solar facilities to restore it to as natural a pre-development condition as possible.

a.

Any exception to site restoration, such as leaving driveways, entrances, or landscaping in place, or substituting plantings, shall be requested by the landowner in writing, and this request shall be approved by the city council.

(4)

Hazardous material from the property shall be disposed of in accordance with federal and state law.

(a)

Intent.

(1)

The intent of this section is to allow small-scale solar energy facilities in a manner that promotes the development of renewable energy sources, while limiting and mitigating impacts on natural resources and existing residential, commercial, industrial, historical, cultural, and recreational uses of property, or the future development of such uses of property within the city.

(2)

The purpose of this section is to outline the process and requirements for the construction, installation, operation, and decommissioning of small-scale solar energy facilities that ensures the protection of health, safety, and welfare of the city.

(3)

This section is not intended to abridge safety, health, environmental, or land use requirements contained in other applicable laws, codes, regulations, standards, or ordinances. This section does not supersede or nullify any provision of local, state, or federal law that applies to solar energy facilities.

(b)

Compliance.

(1)

All small-scale solar energy facilities shall fully comply with all applicable local regulations, as well as all applicable state and federal regulations, including but not limited to, the U.S. Environmental Protection Agency (EPA), Federal Aviation Administration (FAA), State Corporation Commission (SCC) or equivalent, any state departments related to environmental quality, parks, and wildlife protection, as well as all the applicable regulations of any other agencies that were in force at the time of the permit approval.

(2)

The design and installation of all small-scale solar energy facilities shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), or other similar certifying organizations and shall comply with all fire and safety requirements.

(3)

Site plans shall be required for all small-scale solar energy facilities, in accordance with article III, permits and applications, of this ordinance.

(c)

Megawattage. Maximum generation of 500 kilowatts (500 KW).

(d)

Consumption. Generated electricity may be used for on-site consumption or provided to electric cooperative member-customers (non-retail, from behind the meter).

(e)

Land disturbance. The clearing, grading, and overall site disturbance is limited to only that which is necessary; superfluous clearing and grading is not permitted, in order to retain existing trees and other groundcover.

(f)

Height limits.

(1)

If the small-scale solar energy facility is ground-mounted or not flush-mounted on a principal or accessory building, the facility's height shall not exceed 15 feet at the tallest point.

(2)

If the small-solar energy facility is roof-mounted or otherwise integrated into a principal or accessory building, the facility's height shall not exceed the maximum height limit of the district in which it is located.

(g)

Setbacks. The solar energy facility shall comply with all setback requirements of the district in which it is located.

(1)

Regardless of whether a small-scale solar facility is accessory to another use on the lot, all small-scale solar facilities shall comply with the district's principal structure setbacks.

(h)

Landscaping and screening. Landscaping and screening shall be provided for ground mounted solar to block visibility of the panel(s) and ancillary equipment from adjacent properties. All landscaping and screening shall be in accordance with article VIII, community design standards, of this ordinance.

(i)

Design standards. If the small-scale solar energy facility is ground-mounted or not flush-mounted on a principal or accessory building, then:

(1)

The lowest surface of any panel shall be a maximum of four feet above the finished grade on which the panel is located.

(2)

All wiring not on the solar arrays shall be underground except where necessary to connect to the public utility.

(j)

Inspection.

(1)

The owner will allow designated city staff access to the facility for inspection purposes. The city staff will provide the owner with 24-hour notice prior to such inspection when practicable.

(2)

The owner shall reimburse the city its costs in obtaining an independent third-party to conduct inspections required by local and state laws and regulations.

(k)

Decommissioning.

(1)

Small-scale solar energy facilities which have reached the end of their useful life, have been abandoned, or have not been in active and continuous service for a period of 12 months shall be removed at the owner's or operator's expense, except if the facility is being repowered or a force majeure event has or is occurring requiring longer repairs; however, the city may require evidentiary support that a longer repair period is necessary.

(2)

The owner or operator shall notify the administrator by certified mail of the proposed date of discontinued operations and plans for removal.

(3)

If a facility is abandoned and the owner receives a notice of abandonment from the administrator, the owner shall either remove the solar energy facility or resume regular operation within 30 days.

(4)

If the owner of the solar facility fails to remove the installation within the proposed date of decommissioning, a hired third party may enter the property to physically remove the installation.

(5)

Decommissioning shall include removal of all solar electric systems, buildings, cabling, electrical components, security barriers, roads, foundations, pilings, and any other associated facilities.

(6)

Hazardous material from the property shall be disposed of in accordance with federal and state law.