(a)

Purpose and intent.

(1)

Signs can obstruct views, distract motorists, displace alternative uses for land, and pose other problems that legitimately call for regulation. The purpose of this article is to regulate the size, color, illumination, movement, materials, location, height, and condition of all signs placed on private property for exterior observation, thus ensuring the protection of property values, the character of neighborhoods, the creation of a convenient, attractive and harmonious community, protection against destruction of or encroachment upon historic areas, and the safety and welfare of pedestrians and wheeled traffic, while providing convenience to citizens and encouraging economic development. This article allows adequate communication through signage while encouraging aesthetic quality in the design, location, size, and purpose of all signs. This article shall be interpreted in a manner consistent with the First Amendment guarantee of free speech and in a manner consistent with the town's comprehensive plan.

(2)

Signs not expressly permitted as being allowed under this article, by specific requirements in another portion of this chapter, or otherwise expressly allowed by the town are forbidden.

(3)

These regulations are intended to promote signs that are compatible with the use of the property to which they are appurtenant, are legible, are not distracting to motorists, and are constructed and maintained in a structurally sound and attractive condition.

(b)

Sign permits.

(1)

Permit required. Except when otherwise exempted by this article, no sign shall be erected, constructed, posted, painted, altered, or relocated, unless and until a zoning permit has been issued by the zoning administrator and where provided for in this article.

(2)

Permit process. Before any zoning permit is issued, the applicant shall submit to the zoning administrator a sign permit application provided by the administrator, together with drawings and/or specifications as may be necessary to fully advise and acquaint the zoning administrator with the location, construction, materials, manner of illuminating and/or securing or fastening, and number of signs applied for, and the style of the wording of the sign or advertisement to be carried on the sign.

(3)

Fees. Fees for sign permits shall be as fixed from time to time by the governing body of the town.

(4)

Building codes and inspections. Structural and safety features and electrical systems shall be in accordance with the requirements of applicable codes and ordinances. No sign shall be approved for use unless it has been inspected by the department issuing the permit and is found to be in compliance with all the requirements of this chapter and applicable technical codes. All signs which are electrically illuminated shall require a separate electrical permit and inspection.

(5)

General permit application requirements. Sign permit applications require:

(6)

The permit application providing the location of the sign structure, the name and address of the sign owner and of the sign erector, a drawing showing the design and location of the sign, and such other pertinent information as the building official may require to ensure compliance with this chapter or other ordinances of the town.

(7)

A plan showing location of existing and proposed sign(s) on building façade(s) or grounds and exterior dimensions of buildings subject to the sign permit.

(8)

Scaled drawings showing dimensions, scale, and elevation of proposed sign(s) to include specific materials, hardware, and methods of mounting and illumination.

(9)

All signs shall be erected within six (6) months from the date of approval of the sign permit; otherwise, the permit shall become null and void and a new permit shall be required. The zoning administrator may grant one (1) extension of the permit for a period of six (6) months, but in no case shall a permit be valid for more than a total of twelve (12) months. Extensions may be granted only when the proposed sign is in compliance with all current applicable regulations.

(c)

Exemptions. Sign permits shall not be required for the following signs; however, all applicable regulations of this chapter shall apply.

(1)

Signs erected by a governmental body or required by law, including official traffic signs or sign structures, provisional warning signs or sign structures, and temporary signs indicating danger.

(2)

Minor signs as defined by this chapter not exceeding three (3) total signs per street frontage per parcel.

(3)

Change of message of an approved sign.

(4)

Painting, repainting, cleaning, and other normal maintenance and repair of signs or sign structures, unless a structural change is made.

(5)

Temporary signs in the R-1, R-2, R-3, and R-4 districts, and as set forth in this section, including real estate signs, contractor signs, and special event signs.

(6)

A sign displayed on an operable truck, bus or other vehicle, while in use in the normal course of business with the exception of mobile billboards that are prohibited.

(7)

Flags of the United States of America, Commonwealth of Virginia, Town of Farmville, Longwood University or other flags displayed for non-commercial purposes.

(8)

Any property actively offered for sale or lease may display one sign per street frontage in addition to those otherwise allowed by this chapter, limited to a maximum area of twelve (12) square feet in all zoning districts. Such signs shall be removed when the property is no longer offered for sale or lease and shall not be banner type signs.

(9)

Signs affixed to the interior of a permanent fence of a recreational or sports facility at a private community recreational use, public facility, or educational facility.

(10)

Menu boards for drive-in restaurants.

(d)

Prohibited signs. The following signs are prohibited:

(1)

Inflatable, moving or rotating, animated, or flashing signs lighted in a varying degree including strobe lights.

(2)

Off-premises signs.

(3)

Signs or parts of a sign located anywhere on the roof or wall of a building so that they shall extend above or beyond the perimeter of the building's roof, wall, or parapet wall or into a front, side or rear yard setback.

(4)

Signs illuminated with sodium halide lights; and any illuminated sign that emits excessive levels of light as determined by the zoning administrator.

(5)

Abandoned sign structures.

(6)

Changeable copy signs, except as specifically permitted by this zoning ordinance.

(7)

Any signs, including posters and handbills, affixed to or painted on any structures, trees or other natural vegetation, rocks, or poles.

(8)

Any sign that may be confused with or obstruct the view of any authorized traffic sign or signal, or obstruct the sight-distance triangle at any road intersection, or extend into the public right-of-way or otherwise create a distraction for drivers. Any such sign is subject to immediate removal and disposal by an authorized town official as a nuisance.

(9)

Portable signs, including those on wheels, except A-frame/sandwich boards complying with the provisions of this section.

(10)

Signs that prevent free ingress or egress from any door, window, fire escape, or that prevent free access from one (1) part of a roof to any other part or otherwise adversely affect safety or are in violation of any building code or other applicable law.

(11)

Signs that emit smoke, visible vapors, particles, sound, odor, or open flames used to attract public attention.

(12)

Mirrors or mirror devices on, in, or as part of a sign.

(13)

Signs placed, affixed or painted on a motor vehicle or trailer parked with the primary purpose of providing signage, and not used in the normal conduct of business.

(14)

Signs located in the public right-of-way, unless approved and erected by the town.

(15)

Mobile billboards.

(16)

Any sign representing or depicting specified sexual activities or specified anatomical areas or sexually oriented goods. Any sign containing obscene text or pictures as defined by the Virginia Code.

(17)

Signs advertising activities or products that are illegal under federal, state, town or county law.

(e)

Sign standards: B-1 zoning district. Any business located within a B-1 zoning district shall be limited to displaying no greater than one (1) square foot of signage per foot of business frontage, and in no case shall any business display greater than thirty (30) square feet of signage per building street frontage. Individual signs shall be limited in their size and placement according to the following regulations:

Table 3: Maximum Sign Dimensions—B-1 Zoning District

¹ Such signs shall not flash and shall be "on" only during posted hours of business.

² Temporary signs shall not count toward sign allotment for each business.

A building owner may allocate up to fifteen (15) square feet of the building's available signage to each business occupant located in an upper story, basement, or interior space not sharing the building face.

(f)

Sign standards: B-2 and B-3 zoning districts. Any business located within a B-2 and B-3 zoning districts shall be limited to displaying no greater than two (2) square feet of signage per linear foot of street frontage for freestanding buildings, or store frontage for in-line shopping center establishments. In no case shall any business display greater than one-hundred and fifty (150) square feet of signage. All signs are allowed to be internally illuminated if in compliance with all requirements set forth in this section. Individual signs shall be limited in their size and placement according to the following regulations:

Table 4: Maximum Sign Dimensions—B-2 and B-3 Zoning Districts

¹ Temporary signs shall not count toward sign allotment for each business.

(g)

Sign Standards: R-1, R-2, R-3, R-4 Zoning District. Signs located in the R-1, R-2, R-3, or R-4 zoning districts shall be limited in their size and placement according to the following regulations:

Table 5. Maximum Sign Dimensions—Residential Zoning Districts (R-1, R-2, R-3, R-4)

¹ Includes subdivisions, multi-family buildings, and other types of residential projects built as a unified development.

(h)

Temporary signs.

(1)

Temporary signs may be erected or constructed without a permit in residential zoning districts; however, all applicable code requirements in this chapter shall still apply.

(2)

Temporary signs in business zoning districts (B-1, B-2, and B-3). These signs shall be either freestanding signs, wall signs, or banner signs, and require a sign permit issued by the zoning administrator prior to erection. The signs may be displayed for up to forty-five (45) consecutive days. The zoning administrator may extend the time limit by up to forty-five (45) days upon application by the owner at the end of the initial forty-five-day period, if the applicant shows that the sign is maintained in sound condition and the purpose for it still pertains.

(3)

A-frame signs in commercial zoning districts (B-1 and B-2). These signs must not be more than an aggregate of twelve (12) square feet or less in a sandwich board design as defined herein. The sign does not require a permit but may only be displayed during business hours. The placement of the sign shall not impede pedestrian, wheelchair, or vehicular traffic flow. Signs must be placed to maintain at least four (4) feet of clear passage between the edge of the sign and the curb and should not otherwise compromise public safety.

(4)

Temporary signs in residential zoning districts (R-1 and R-4). These signs shall be either freestanding signs or window signs. Temporary signs shall not exceed sixteen (16) square feet in area total per property. No sign shall exceed six (6) feet in height, except window signs. Window signs shall not obstruct more than twenty-five (25) percent of the total area of all windows on each building façade on the property.

(5)

Temporary signs in residential zoning districts (R-2 and R-3). These signs shall be either freestanding signs, wall signs, window signs or banner signs. Temporary signs shall not exceed sixteen (16) square feet in area total per property. No sign shall exceed six (6) feet in height, except window signs. Window signs shall not obstruct more than twenty-five (25) percent of the total area of all windows on each building façade on the property.

(6)

Temporary signs required to be posted by law. Any such sign shall be removed the day after the last day for which it is required to be displayed. The administrator may require proof of legal requirement for the posting of the sign. These signs are permitted in all zoning districts.

(7)

Street banners. Banners shall not be displayed for more than three (3) weeks total, including no more than one (1) week after any associated event. No street banner shall be permitted that:

a.

Violates any right of any third party.

b.

Violates or encourages the violation of any municipal, state, federal, or international law, rule, regulation, or ordinance.

c.

Advertises, promotes, or offers to trade any goods or services in conflict with the terms of this section.

d.

Includes copyrighted or other proprietary material of any kind without the express permission of the owner of that material.

e.

Advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law.

(i)

General requirements for all signs; sign area computations.

(1)

The surface area of any sign permitted under this article is determined by measuring the entire face of the sign including any wall work incidental to its decoration, but excluding support elements whose sole purpose and function is to support the sign, except as noted below:

a.

The surface area of any sign made up only of individual letters or figures shall include the space between such letters or figures.

b.

Whenever one (1) sign contains information on both sides, one (1) side only shall be used in computing the surface area of the sign. If one (1) face contains a larger sign area than the other, the larger face shall be used in calculating the sign area.

(2)

Placement of signs. Signs shall be placed so they do not obstruct vehicles, pedestrians, or the signs of adjacent businesses.

(3)

Lighting. No sign shall be illuminated in such a way that light may shine into on-coming traffic, affect highway safety, or shine directly into a residential dwelling unit zoned R-1, R-2, R-3, or R-4.

(4)

Substitution. Wherever this article permits a sign with commercial content, non-commercial content is also permitted subject to the same requirements of size, color, illumination, movement, materials, location, height, and construction.

(j)

Structural and maintenance requirements. All signs shall be maintained in good condition and remain structurally safe. Any sign that has deteriorated to a state of peeling, cracking, splitting, fading, or rusting is in violation of this chapter and subject to enforcement.

(k)

Nonconforming signs.

(1)

Any sign lawfully in existence on the date of enactment of this article may be maintained even though it does not conform with the provisions of this article.

(2)

The message of a nonconforming sign may be changed.

(3)

No nonconforming sign may be enlarged or altered in such a manner as to expand the nonconformity, nor may illumination be added to any nonconforming sign.

(4)

A nonconforming sign may not be moved or replaced except to bring the sign into complete conformity with this article.

(5)

A nonconforming sign destroyed by any cause may not be repaired, reconstructed, or replaced except in conformity with this article. For the purposes of this section, a nonconforming sign is destroyed if damaged to an extent that the cost of repairing the sign to its former condition or replacing it with an equivalent sign equals or exceeds fifty (50) percent of the appraised value of the sign so damaged.

(6)

A pre-existing sign must be removed if the structure, building, or use to which it is accessory is destroyed, or demolished to an extent exceeding fifty (50) percent of the appraised value of the principal structure, building or use.

(l)

Enforcement.

(1)

Violations. Violations of this article constitute violations of the zoning code and the town may obtain compliance through any of the methods available for other zoning violations.

(2)

Removal of signs in violation. The zoning administrator may order the removal of any sign erected or maintained in violation of this article. He shall give thirty (30) days' notice in writing to the owner of such sign or of the building, structure, or premises on which such sign is located to remove the sign or to bring it into compliance with this article. The zoning administrator may remove a sign immediately and without notice if, in his opinion, the condition of the sign is such as to present an immediate threat to the safety of the public. Any surface exposed by the removal of a sign shall be restored to its original condition by the property owner and be compatible with adjacent surfaces.

(3)

Removal of abandoned signs. A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business which it advertises is no longer conducted on the premises. If the owner or lessee fails to remove such sign, the zoning administrator shall give the owner thirty (30) days' written notice to remove it. Upon failure to comply with this notice, the zoning administrator or his duly authorized representative may remove the sign at cost to the property owner.

(m)

Appeals. Any person aggrieved by any decision or order of the zoning administrator may appeal to the board of zoning appeals by serving written notice to the zoning administrator, who, in turn, shall immediately transmit the notice to the board, which shall meet to hear it within thirty (30) days thereafter. The zoning administrator shall take no further action on the matter, pending the board's decision, except concerning unsafe signs which present an immediate and serious danger to the public, as provided above in article IV, section 1, (12)b.

(Ord. No. 196, 6-10-2020; Ord. No. 212, § 1, 9-14-2022)

(a)

Purpose and intent.

(1)

The purpose of this section is to establish standards for landscape architecture, site design, site buffering, and landscape screening. With the intent of preserving and promoting the health, safety, and general welfare of the Town, these regulations are based on the following goals:

a.

Preserve and enhance the aesthetic character of the Town;

b.

Protect the quality of the Town's natural rivers, streams, and wetlands;

c.

Enhance erosion control;

d.

Improve the relationship between adjacent properties through screening and buffering;

e.

Promote economic development in the town's neighborhoods, historic districts, and entrance corridors.

(b)

Application of landscape standards.

(1)

These landscape requirements shall apply to:

a.

All new developments, or redevelopments, requiring an approved site plan as specified by this chapter.

b.

All properties seeking rezoning to R-3, B-1, B-2, or B-3 zoning.

c.

All properties seeking a conditional use permit in a R-3, B-1, B-2, or B-3 zoning district under the requirements of this chapter.

(2)

These requirements shall not apply to parcels containing single-family detached dwellings or two-family dwellings.

(c)

Landscape plan requirements. The landscape plan shall include:

(1)

Location, type, size, height, and number of proposed plantings.

(2)

Planting specifications or installation details.

(3)

Location and size of all existing plants and trees to be retained during construction, as well as protection measures to be implemented during construction.

(4)

Location, size, and other related design details for all hardscape improvements, signage, recreational improvements, and open space areas, fences, walls, barriers and other related elements.

(5)

Designation of required setbacks, yards, and screening areas

(6)

Location of other man-made site features, parking lots, hardscape improvements, overhead structures, and underground utilities to ensure that landscape materials will not be in conflict with the placement and operation of these improvements.

(d)

General standards.

(1)

Any required landscaping shall be installed prior to the issuance of a certificate of occupancy.

(2)

Existing healthy trees and shrubs shall be credited toward any minimum landscaping required by this section, provided they meet minimum size standards and are protected before and during construction and maintained thereafter in a healthy growing condition.

(3)

The owner of the property upon which the required landscaping or buffering is installed shall be responsible for maintenance and replacement. If any required tree, shrub, or other landscaping element shall die or be removed after issuance of the certificate of occupancy, the developer, his or her successors or assigns, shall replace each by the end of the next planting season with trees or shrubs of the same or similar species, type, color, or character.

(4)

Landscaping shall not obstruct the view of motorists using any street, private driveway, parking isles, or the approach to any street intersection so as to constitute a traffic hazard or a condition dangerous to the public safety.

(5)

All required landscape materials shall conform to the following minimum size or height standards at the time of planting:

a.

Deciduous shade trees: One-inch caliper.

b.

Ornamental and understory trees: Four-foot height.

c.

Coniferous trees: Four-foot height.

d.

Shrubs: Twelve-inch spread or height.

(e)

Buffering.

(1)

Landscape buffering is intended to provide a year-round visual screen between two (2) or more properties in order to minimize visual and other adverse impacts. Buffering may consist of fencing, evergreens, boulders, mounds, or a combination of materials.

(2)

A landscape buffer area shall be required where a commercially zoned development abuts a residential zoning district, or where multi-family residential development abuts any property zoned R-1 or R-2.

(3)

In the above conditions, a buffer strip fifteen (15) feet in width shall be required. Where site considerations do not allow a natural buffer of fifteen (15) feet width, a smaller buffer, or a privacy fence or wall, may be substituted for all or a portion of that buffer as approved by the zoning administrator during the site plan process.

(4)

Plants should be sufficiently large and planted in such a fashion that a year-round screen at least six (6) feet in height shall be produced within one (1) growing season.

(5)

No buildings, structures, storage of materials, or parking shall be permitted within a buffer area.

(6)

Buffer plantings shall be maintained in perpetuity in such a way as to ensure that the buffering requirements of this chapter continue to be met. Any dead or dying plants shall be removed within thirty (30) days of notification by the zoning administrator and shall be replaced by the property owner during the next viable planting season.

(f)

Screening.

(1)

Screening shall be required to conceal specific areas from both on-site and off-site views. Such areas shall be screened at all times, regardless of adjacent uses, adjacent districts, or other proximate landscaping material. Specific areas to be screened include:

a.

Large waste receptacles (dumpsters) and refuse collection points (including cardboard recycling containers)

b.

Loading and service areas

c.

Outdoor storage areas (including storage tanks)

d.

Ground-based utility equipment with size in excess of twelve (12) cubic feet

e.

Ground level mechanical units

(2)

The above-mentioned areas shall be screened using an appropriate combination of landscape plants, solid fencing, or masonry walls to adequately screen them from views both on and off the subject property.

(3)

Screening plantings shall be maintained in perpetuity in such a way as to ensure that the buffering requirements of this chapter continue to be met. Any dead or dying plants shall be removed within thirty (30) days of notification by the zoning administrator and shall be replaced by the property owner during the next viable planting season.

(g)

Parking lot landscaping.

(1)

All vehicle parking areas shall include landscaping, both within the interior of the parking area and around its perimeter, to provide shade, screen views, mitigate runoff, and provide aesthetic appeal. However, the landscape provisions of this section shall not apply to off-street parking for individual single or two-family residential dwellings, or for parking structures or vehicle display areas.

(2)

Parking lots adjacent to lot lines. For parking lots immediately adjacent to lot lines, the following landscape regulations shall apply:

a.

Where a parking lot (or a private driveway providing access to a parking lot or building entry) abuts a property line not common with the right-of-way of a street, a landscaping strip of five (5) feet in width shall be located between the parking lot and the abutting property line.

b.

A minimum of one (1) tree for each forty (40) feet of contiguous property line shall be planted in the landscape strip.

c.

Parking lots adjacent to public streets. For parking lots and private access adjacent to public streets which are subject to site plan approval, the following landscape regulations shall apply:

1.

Where a parking lot (or a private driveway providing access to a parking lot or building entry) abuts a public right-of-way for a town street, a landscaping strip of five (5) feet in width (not including the sidewalk) shall be located between the parking lot or private driveway and the right-of-way line.

2.

A minimum of one (1) tree for each forty (40) feet of property line common with the public right-of-way shall be planted in the landscaping strip.

3.

All parking lots of thirty (30) or more spaces shall contain within the interior of the parking lot not less than one (1) tree for every twelve (12) continuous parking spaces or fraction thereof. Such trees shall be dispersed throughout the interior of the parking lot. In the case of redevelopment proposals, this parking lot tree requirement is only applicable to those proposals that necessitate additional parking spaces over those that are currently provided.

4.

Landscaped planting islands (located such that parking spaces are on opposing sides of the planting island) shall be developed in parking lots meeting the following criteria:

A.

The total size of the parking lot exceeds one hundred fifty (150) total parking spaces.

B.

Parking lot layout incorporates three (3) or more double-loaded or single-loaded parking bays which are contiguous and parallel to each other.

C.

Planting islands which are designed to be perpendicular to the parking bay shall be constructed for every other parking bay.

D.

Planting islands shall have a minimum width of six (6) feet to allow for bumper overhang and shall otherwise provide adequate width for the growth and maintenance of the intended landscape materials to be planted therein.

(3)

The primary landscaping materials used in parking lots shall be trees which provide shade or are capable of providing shade at maturity. Shrubs and other live planting material may be used to complement the primary, tree landscaping.

(4)

The landscaping shall be dispersed throughout the parking lot, with interior dimensions of any planting area (i.e., interior parking median) sufficient to protect and maintain all landscaping materials planted therein.

(h)

Recommended plants. Landscaping plans and plantings should generally be sustainable and biologically diverse with emphasis on trees and plants native to Virginia and the Piedmont region, as well as those landscape patterns established in the town in the past.

(1)

Landscape designers shall make every effort to use healthy and locally-sourced trees, shrubs, and other plants, and to create landscapes that minimize the need for maintenance and irrigation. Invasive species are not recommended.

(2)

Final plant selections should be made by property owners in consultation with qualified landscape professionals, and should consider specific site conditions, disease resistance, and other qualities to ensure healthy and beautiful landscapes.

(i)

Walls and fences.

(1)

Fences and walls may be used within landscaped areas to provide buffering, privacy, separation, security, or for aesthetic reasons, but may not create an unsightly or unsafe condition on or off of the public or private property on which the fence or wall is proposed.

(2)

The provisions of this section shall apply to all construction, reconstruction, or replacement of fences or walls except:

a.

Those required for support of a principal or accessory structure;

b.

Engineered retaining walls necessary to the development of a site; or,

c.

Temporary fences for construction activities, trees protection, and erosion and sediment control.

(3)

Fences or walls shall not be located within the public right-of-way.

(4)

Fences and walls may be located within any required yard or setback.

(5)

Fences located within an easement shall receive written authorization from the easement holder or the town (as appropriate). The town shall not be responsible for damage to, or the repair or replacement of, fences that must be removed to access such easements or facilities.

(6)

No fence or wall shall be installed in a manner or in a location so as to block or divert a natural drainage flow on to or off of any other land, unless the fence or wall has specifically been approved as part of an approved stormwater management plan.

(7)

No fence or wall shall be constructed in a manner or in a location that impairs safety or sight lines for pedestrians and vehicles traveling on public rights-of-way.

(8)

All fences and walls and associated landscaping shall be maintained in good repair and in a safe and attractive condition. The owner of the property on which a fence or wall is located shall be responsible for maintenance, including but not limited to, the replacement of missing, decayed, or broken structural and decorative elements.

(Ord. No. 196, 6-10-2020)

(a)

Purpose and intent.

(1)

The purpose of this section is to regulate the design, location, and maintenance of parking areas to meet the expanding needs of a growing town and to furnish adequate facilities to satisfy those who live, shop, and work within the town.

(2)

It is the intent of this section to have adequate parking designed and constructed during the erection of all new structures and the modifications to existing structures.

(3)

These parking areas are to be designed for the convenience of all who use them and shall be located to improve traffic flow, promote traffic safety, and add to the beautification of the town.

(b)

Location generally.

(1)

Off-street parking required by this chapter shall only occur on an all-weather driving surface approved by the zoning administrator.

(2)

There shall be provided, at the time of the erection of any principal building or structure or at the time any principal building or structure is altered, enlarged, or increased in capacity by adding dwelling units, guest rooms, floor areas, or seats, or a change of use, not less than the amounts of parking space given in subsection 29-33(h), schedule of required spaces. Such space shall be maintained and shall not be encroached upon so long as such principal building or structure remains, unless an equivalent number of such spaces is provided elsewhere in conformance with this article.

(3)

Loading space, as required in subsection 29-33(i) off-street loading, shall not be construed as supplying off-street parking space.

(c)

Location in relation to use. The parking spaces required shall be located on the same lot as is the principal use; provided, however, that a portion of required off-street parking for uses in districts other than residential may be located in a remote parking lot which is within five hundred (500) feet measured along lines of public access from the principal use if approved by the zoning administrator. A remote parking lot to satisfy this requirement shall be owned by the owner of the principal structure or, in the alternative, shall be restricted by a recorded agreement to off-street parking purposes during the lifetime of the principal structure or as long as off-street parking is required for such principal structure in accordance with the terms of this article.

(d)

Reduction.

(1)

Off-street parking space required under this article may be reduced at a time when the capacity or use of a building is changed in such a manner that the new use or capacity would require less space than before the change. Such reduction may not be to a level below the standards set forth in this article.

(2)

Parking shall not be required for non-residential uses in the B-1 business district.

(3)

Any residential use in the B-1 business district may be exempted or granted reduced parking requirements by the zoning administrator in conjunction with site plan approval. The applicant shall demonstrate sufficient public parking availability during peak hours of operation.

(e)

Joint use of spaces.

(1)

Religious assembly. Parking spaces already provided to meet off-street parking requirements for theaters, stadiums, auditoriums, and other places of public assembly, stores, office buildings, and industrial establishments, lying within five hundred (500) feet of a church, as measured along lines of public access, that are not normally used between the hours of 6:00 a.m. and 6:00 p.m. on Sundays and that are made available for other parking may be used to meet not more than seventy-five (75) percent of the off-street parking requirements of a religious assembly.

(2)

Other places of public assembly. Parking spaces already provided to meet off-street parking requirements for stores, office buildings, and industrial establishments, lying within five hundred (500) feet of a place of public assembly, as measured along lines of public access, that are not normally in use between the hours of 6:00 p.m. and 12:00 midnight and that are made available for other parking may be used to meet not more than fifty (50) percent of the total requirements of parking space.

(3)

In the case of mixed or joint uses of a building or premises having different peak parking demands, the parking spaces required may be reduced if approved by the zoning administrator in conjunction with site plan approval. In such instances, the applicants shall demonstrate that the periods of peak use are separated sufficiently, and shared parking spaces are available to all uses sharing them, so as to not cause a parking demand problem.

(4)

In the case of mixed or joint uses of a building or premises having the same peak parking demands, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.

(f)

Design standards.

(1)

Surfacing. Depending on the site's topography and conditions, the zoning administrator may require that off-street parking areas for three (3) or more vehicles be surfaced with an erosion-proof asphaltic, bituminous, cement or other properly bound pavement. Off-street parking shall not be located in a required yard or near the front entrance of a structure unless an all-weather driving surface is provided as approved by the town.

(2)

Drainage and maintenance. Off-street parking facilities shall be drained to eliminate standing water and prevent damage to abutting property and/or public streets and alleys. Off-street parking areas shall be maintained in a clean, orderly, and, to the extent possible, dust-free condition at the expense of the owner or lessee and not used for the sale, repair, or dismantling or servicing of any vehicles, equipment, materials, or supplies.

(3)

Separation from walkways and streets. Off-street parking spaces shall be separated from walkways, sidewalks, streets, or alleys by a wall, fence, or curbing or other approved protective device, or by distance, so that vehicles cannot protrude over publicly owned areas.

(4)

Entrances and exits. The location and design of entrances and exits shall meet regular traffic safety and design standards. In general, there shall not be more than one (1) entrance and one (1) exit or one (1) combined entrance and exit along any one (1) street.

(5)

Interior drives. Interior drives shall be of adequate width to serve a particular design arrangement of parking spaces, except that no driveway shall be less than eight (8) feet in width.

(6)

Marking. Parking spaces shall be marked by painted lines or curbs or other means to indicate individual spaces. Signs or markers shall be used to ensure efficient traffic operation on the lot.

(7)

Lighting. Adequate lighting shall be provided if off-street parking spaces are to be used at night. The lighting shall be arranged and installed in a downward direction and shielded to minimize glare on property in a residential district.

(8)

Screening. Where off-street parking areas for five (5) or more automobiles are located closer than fifty (50) feet to a dwelling in a residential district and where such parking areas are not entirely screened visually from the dwelling by an intervening building or structure, a continuous visual screen, with a minimum height of six (6) feet, shall be provided between the parking area and the dwelling. Such screen shall be a solid masonry wall, a uniformly painted solid board fence, or evergreen hedge six (6) feet in height, except in areas requiring natural air circulation, unobstructed view or other technical considerations necessary for proper operation, may submit a screening plan to be approved by the zoning administrator.

(g)

Obligations of owner. The requirements for off-street parking space and off-street loading space shall be a continuing obligation of the owner of the real estate on which any structure or use is located as long as such structure or use is in existence and its use, requiring vehicle parking or vehicle loading facilities, continues. It shall be unlawful for the owner of any structure or use affected by this article to discontinue, change, dispense with, or cause the discontinuance or change of the required vehicle parking or loading space, apart from the alternate vehicle parking or loading space which meets with the requirements of and is in compliance with this article. It shall be unlawful for any firm or corporation to use such structure without acquiring such land or other suitable land for vehicle parking or loading space which meets the requirements of and is in compliance with this chapter.

(h)

Schedule of required spaces. Off-street parking shall be provided according to the following schedule. Where application of the schedule creates a fractional number of spaces, the parking spaces required shall be construed to be the next highest whole number. If a particular use is not specified on the table, the Zoning Administrator shall determine the minimum number of off-street parking spaces by reference to the land use listed in the table that has the most similar off-street parking generation based on the most recent edition of the Institute of Transportation Engineers Parking Generation Manual or similar parking generation data.

Table 6. Minimum Off-Street Parking Requirements

(i)

Interpretation of specific requirements.

(1)

The requirements of this section are in addition to space for storage of trucks, campers, recreational vehicles or other similar vehicles used in connection with any use.

(2)

The parking requirements in this article do not limit special requirements which may be imposed in connection with uses permitted by approval of a conditional use or special exception.

(3)

The parking space requirements for a use not specifically listed in the chart shall be the same as for a listed use of similar characteristics of parking demand generation.

(4)

Whenever a building or use is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity, or otherwise, to create a need under the requirements of this article for an increase in parking spaces of ten (10) percent or more, such additional spaces shall be provided on the basis of the change or enlargement. However, no additional spaces shall be required for a change or enlargement which would result in an increase of spaces of less than ten (10) percent. Circumventing will not be allowed by a series of changes or enlargements which together result in a need for an increase in parking space of ten (10) percent or more.

(j)

Off-street loading.

(1)

On the same premises with every building or structure or part thereof erected and occupied for manufacturing, storage, warehousing, goods display, or as a department store, wholesale store, market, hotel, hospital, mortuary, laundry, dry-cleaning establishment, or other use similarly involving the receipt or distribution of vehicles, materials, or merchandise, there shall be provided and maintained on the lot adequate space for standing, turning, loading and unloading services, in order to avoid interference with public use of the streets and alleys.

(2)

Such loading and unloading space, unless otherwise adequately provided for, shall be an area ten (10) feet by fifty (50) feet, with fifteen-foot height clearance, and shall be provided according to the following schedule:

Table 7. Minimum Off-Street Loading Requirements

(Ord. No. 196, 6-10-2020)

(a)

Underground utilities. Except for transmission powerlines of thirty-four thousand five hundred (34,500) volts or greater, water towers, or other installations approved by the town council, all on-site utilities or utility facilities shall be installed underground, including electrical, water, sewer, power, gas, telephone, and cable utilities.

(b)

Telecommunications.

(1)

The standards of this section apply whenever a conditional use permit is sought for a broadcasting or communications tower, as this use is defined in the definitions of this chapter. Any wireless communication antenna which meets the definition of a "utility service, minor," is not subject to the provisions of this section.

(2)

General standards. The following sites shall be considered by applicants as the preferred order of location of proposed broadcasting or communication facilities:

a.

Existing broadcasting or communication towers.

b.

Public structures, such as water towers, utility structures, fire stations, bridges, steeples and other public buildings not utilized primarily for residential uses within B-2, B-3, R-1, R-2, R-3 zoning districts.

c.

Property zoned highway commercial.

d

Property zoned transitional commercial.

e.

Property zoned primarily for residential uses.

(3)

No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of town council 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 may consist of any of the following:

a.

No existing towers or structures are located within the geographic area required to meet the applicant's engineering requirements, as documented by a qualified and licensed professional engineer.

b.

Existing towers or structures do not have sufficient height to meet applicant's engineering requirements, as documented by a qualified and licensed professional engineer.

c.

The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced modified, or replaced to accommodate the planned or equivalent equipment at a reasonable cost.

d.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers and structures, or the existing antenna would interfere with 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. Costs exceeding new tower development are deemed unreasonable.

f.

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

(4)

The maximum height of any broadcasting and communication facility shall be made a condition of the conditional use permit. No facility shall be greater than one hundred ninety-nine (199) feet with a maximum of sixty (60) feet in B-2 and R-3 zoning districts. Other reductions in height are contingent upon the adjacent uses and viewshed. Exceptions provided when included in a church steeple, bell tower, water tower, light pole, or other similar architecturally compatible structure.

(5)

Broadcasting or communication towers shall conform with each of the following minimum setback requirements:

a.

Towers shall have a minimum front, side, and rear yard setback equal to the height of the tower.

b.

Towers guys and accessory structures shall satisfy the minimum setback requirements of the underlying zoning district.

c.

Towers shall not be located between the principal structure and a public street.

d.

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

(6)

More than one (1) tower may be permitted provided all setback requirements have been met.

(7)

All broadcasting or communication facilities shall be designed, structurally, electrically, and in other respects, to accommodate both the applicant's antennas and comparable antennas for at least two (2) additional users, if the tower is over one hundred (100) feet in height, or for at least one (1) additional user if the tower is over sixty (60) feet in height.

(8)

Proposed or modified towers and antennas shall meet the following design requirements:

a.

Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration.

b.

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

(9)

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 not be directed toward adjacent properties. 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.

(10)

Towers shall be located in an area where they are unobtrusive and do not substantially detract from aesthetics or neighborhood character, due to either location, to the nature of surrounding uses, or to lack of visibility caused by natural growth or other factors.

(11)

A buffer yard shall be provided surrounding the facility. The conditional use permit application shall include a landscape plan showing the locations, species, and size at planting for the landscaping proposed.

(12)

Signage on site shall be limited to no trespassing or safety 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.

(13)

No new or existing telecommunications service shall interfere with public safety communications. Before the introduction of new service or changes in existing service, telecommunications providers shall notify the town at least ten (10) calendar days in advance of such changes and allow the town to monitor interference levels during the testing process.

(14)

There shall be no outdoor storage associated with the facility.

(15)

All towers and associated facilities shall be removed within six (6) months of the cessation of operations at the site unless a time extension is approved by the zoning administrator. In the event that a tower is not removed within six (6) months of the cessation of operations at a site, the tower and associated facilities may be removed by the town and the costs of removal assessed against the owner and property.

(Ord. No. 196, 6-10-2020)

(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 be in substitution for other provisions of this chapter that may apply.

(b)

Residential uses.

(1)

Accessory dwelling.

a.

Such structures shall comply with all setback requirements that apply to the primary structure.

b.

Only one (1) accessory dwelling shall be allowed on a lot or parcel of land.

c.

No recreational vehicle may be used as an accessory dwelling.

d.

Prior to installing an accessory dwelling, a permit must be obtained from the town and associated fees paid.

e.

Any accessory dwelling shall comply with all applicable requirements of the state department of health and the Virginia Uniform Statewide Building Code.

f.

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

g.

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

(2)

Dish antennas.

a.

Additional standards in all residential districts.

b.

Communication antennas, commonly called "dish" antennas, which do not comply with the restrictions listed below may be allowed with conditional use permits, subject to the applicant's ability to satisfactorily mitigate negative aesthetic impacts on adjoining properties. Dish antennas shall be permitted in all districts but shall be limited to one (1) exterior antenna per parcel except with conditional use permit.

c.

Ground-mounted antennas shall be limited to the rear yard and no closer than five (5) feet to any side or rear lot line, and in the case of a corner lot, no antenna shall be nearer than twenty-five (25) feet to the side street adjacent to the property or within five (5) feet of an adjoining lot.

d.

No ground-mounted antenna shall exceed sixteen (16) feet in height measured vertically from the highest point of the signal receiving apparatus, when positioned for operation, to the bottom of the base which supports the satellite antenna.

e.

Roof-mounted antennas, when designated for that purpose, shall be permitted, except that a roof-mounted antenna shall not be more than forty-eight (48) inches in diameter and shall not be visible from any street.

f.

Antennas shall be permanently and securely installed.

(3)

Multi-family dwellings.

a.

Multi-family dwellings shall be designed with special attention to the compatibility of adjacent land uses, topography, existing vegetation, building height, orientation, and other similar factors.

b.

Multi-family dwellings shall incorporate an attractive building layout which retains, relates to, and enhances the natural vegetation and terrain of the site or incorporates natural design features such as preservation of scenic vistas, natural areas, or other unique elements of the site.

(4)

Townhouse and single family attached dwellings.

a.

No more than eight (8) townhouses shall be constructed contiguously.

b.

The facades of individual townhouses within any contiguous row of townhouses shall be sufficiently varied in their materials, design, or appearance as to visually distinguish them as individual dwelling units.

c.

Any townhouse shall front on, or be accessed by, a public street.

d.

Any provided open space shall be owned and maintained by the developer, until such time as it is turned over to the ownership and maintenance of an approved homeowners' association.

(5)

Fences.

a.

Fences shall not impair vehicular or pedestrian travel visibility. In the case of corner lots in all districts, no fence shall be erected that blocks or otherwise impedes the view of streets and traffic.

(c)

Civic uses.

(1)

Cemeteries.

a.

The approval of a cemetery shall include the following uses without further zoning approval required: all uses necessarily or customarily associated with interment of human remains, benches, ledges, walls, graves, roads, paths, landscaping, and soil storage consistent with federal, state, and local laws on erosion and sediment control.

b.

Mausoleums, columbaria, chapels, administrative offices, and maintenance storage areas that are shown in the applicant's plan of development shall not require additional local legislative approval provided such structures and uses are developed in accordance with the original plan of development. This subsection shall not supersede any permission adopted pursuant to Code of Virginia, § 15.2-2306.

(2)

Public maintenance and service facility.

a.

The outside storage for supplies, materials, or heavy equipment must be in the rear yard and screened from any non-industrial zoned parcels or rights-of-way in accordance with the landscape section of this chapter.

b.

Outside storage areas shall not exceed thirty-five (35) percent of the total area of the site.

(3)

Recreation facility, public.

a.

General standards. Any outdoor activity area, swimming pool, ball field, or court which adjoins a residential use type shall include screening and buffering in accordance with the landscape section of this chapter.

b.

Where nighttime lighting is proposed it shall be fully shielded and large evergreen trees shall be required to appropriately screen any adjoining residences.

(d)

Commercial uses.

(1)

Automobile repair service. All automobile repair services shall meet the following minimum standards:

a.

All vehicles stored on the premises in excess of seventy-two (72) hours shall be placed in a storage yard.

b.

No exterior display or storage of new or used automobile parts is permitted.

c.

There shall be no storage of motor vehicles in landscaped areas or within ten (10) feet of the public road right-of-way.

d.

The use shall be designed to ensure proper functioning of the site in regards to vehicle stacking, circulation, and turning movements.

(2)

Bed and breakfast.

a.

Bed and breakfasts shall be subject to the following minimum standards:

b.

The operator shall hold a valid business license from the town and, where applicable, a permit from the department of health.

c.

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

d.

Signage must comply with the signage requirements of this chapter.

e.

No changes shall be made to the building exterior that would detract from its appearance as a family dwelling.

f.

Off-street parking shall be provided in compliance with this chapter. 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.

g.

Bed-and-breakfasts shall only be permitted in existing structures and may not increase the size of the structure, including accessory structures, by more than twenty-five (25) percent of the original square footage. Any additions or modifications shall be residential in appearance and compatible with the original structure and surrounding structures and the overall footprint of the structure, and parking shall not be excessive for the size and shape of the lot.

h.

Landscaping, buffers and/or fences shall be in compliance with the landscaping requirements of this chapter.

i.

Bed-and-breakfasts are to be integrated into the residential fabric of the neighborhood in which they are located. A proposed bed-and-breakfast should not affect the integrity or character of the single-family residential neighborhood for which it is proposed.

j.

Off-street parking shall be screened from surrounding family residences by landscaping or fencing which is compatible with the neighborhood.

k.

Existing structures and landscaping determined to contribute to the character of the neighborhood shall not be removed.

l.

Guest rooms shall not have cooking facilities.

m.

The maximum stay for a guest shall be fourteen (14) days.

n.

Bed-and-breakfast establishments are permitted solely to provide lodging and breakfast accommodations. Additional activities, including receptions, parties and other events, are not permitted unless specifically authorized by the conditional use permit. Authorization for additional activities will be based on the suitability of the house and property for hosting such events. Specific consideration will be given to the floor plan of the house, the proximity of the house to neighboring houses, the size of the lot, provisions to buffer the effects of such activities from adjacent property and the ability to provide parking for such events.

o.

Bed-and-breakfast establishments must be occupied by the owner.

(3)

Car wash. All car washes shall comply with the following general standards:

a.

Car washes 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.

Car washes shall be constructed in a design similar to the building character of the surrounding area.

c.

Parking shall be located behind the front line of the principal building.

d.

Any use that has a car wash shall treat the car wash as a primary use.

e.

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

(4)

Commercial outdoor recreation and amusement. Commercial outdoor recreation and amusement areas shall include screening and buffering in accordance with the landscape section of this chapter.

a.

Where nighttime lighting is proposed, it shall be fully shielded and large evergreen trees shall be required to appropriately screen adjoining residences.

(5)

Construction sales and service. Construction sales and services shall be subject to the following general standards:

a.

Outdoor storage and/or display of goods, supplies, materials, or heavy equipment shall be located to the rear of the principal building.

b.

Outside storage areas shall not exceed twenty-five (25) percent of the total site area.

(6)

Day care center. The following general standards shall be applicable to day care centers.

a.

All day care centers shall comply with any and all requirements of town and state codes, including but not limited to, obtaining a zoning permit, maintenance of a town business license, and maintain a state license in accordance with the state code, as applicable.

b.

Minimum lot size: One-half (½) acre, except in B-1.

c.

Parking, except in B-1. Designated arrival and departure zones shall be located adjacent to the day care center in such a manner that children to not have to cross vehicle traffic aisles to enter or exit the center. Arrival and departure area shall include at least one (1) parking/stacking space per ten (10) children.

d.

Outdoor recreation areas shall be safely separated from all parking, loading, and service areas.

e.

Fencing. A fence a minimum of four (4) feet in height shall completely enclose the outdoor recreation area so that children are safely contained.

(7)

Financial institutions. Financial institutions shall comply with the following general standards:

a.

Exterior lighting shall face downward and be compatible with the surrounding neighborhood.

b.

Entrances to the site shall be minimized and located in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood.

c.

Loading areas shall be located as to minimize the impact on the surrounding neighborhood.

(8)

Funeral home. All funeral homes shall be subject to the following general standards:

a.

The funeral home shall have a buffer between it and any residentially-zoned property abutting or directly across the street from the funeral home use in accordance with the landscape section of this chapter.

(9)

Gasoline station. Gasoline stations shall be subject to the following general standards:

a.

Applicants shall demonstrate that the use will be compatible with the neighborhood with regards to traffic circulation, parking, and appearance and size of structures.

b.

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

c.

Any canopy over the fuel pumps shall have the same roof shape and exterior materials as the primary structure.

d.

Dumpsters shall be located so as to minimize view from off-site areas and shall be fully screened by a wall constructed of the same material and color as the principal structure.

e.

The zoning 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.

(10)

Home occupations, class A and class B. All home occupations shall be subject to the following general standards:

a.

No signs shall be permitted.

b.

The area devoted to the home occupation shall not exceed thirty (35) percent of the gross floor area of the dwelling unit.

c.

Use shall be conducted as an accessory use and shall not change the character of the dwelling unit nor have any exterior evidence of its use.

d.

The type and volume of traffic generated by a home occupation shall be consistent with the traffic generation characteristics of other dwellings in the area.

e.

The home occupation shall not increase the demand on water, 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.

f.

The equipment used by the home-based business and the operation of the business shall not create any noise, vibration, heat, glare, dust, odor or smoke discernible at the property lines or use or store hazardous materials in excess of quantities permitted in residential structures.

g.

The operator of a home occupation use shall secure a town business license and obtain a home occupation use permit.

h.

Approval of a home occupation use shall be revocable at any time by the Town because of the failure of the owner or operator of the use covered by the approval to observe all requirements of law with respect to the maintenance and conduct of the use and all conditions imposed in connection with the approval.

i.

Approval of a home occupation use shall stand revoked, without any action by the town, if the use authorized has been intentionally abandoned, has ceased for a period of one (1) year, has not commenced within one (1) year of approval, or does not have a current business license.

(11)

Hotel. Additional standards in the B-1 district.

a.

Parking shall be located behind the front line of the principal building.

b.

No guest rooms shall be located on the first floor.

c.

The structure shall match the scale and mass of the surrounding structures as determined by the zoning administrator.

(12)

Mixed use structure.

a.

Dwelling units shall be allowed by-right on the second floor or any higher floor.

b.

Dwelling units occupying the first floor of any structure shall only be allowed when:

1.

First floor residential units are not visible from a public street.

2.

The building fronts on a public street, the residential portion of the first floor shall be required to be shielded by office or retail space or a lobby that maintains a commercial appearance.

(13)

Office, medical. The following general standards shall apply to all medical offices.

a.

Entrances to the site shall be minimized and located in such a way as to maximize safety, maintain efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood.

b.

Loading areas shall be sited in such a way so as to minimize the impact on any surrounding neighborhood.

(14)

Outdoor display.

a.

Areas associated with retail uses shall have no outdoor display except during town authorized special events or by a conditional permit.

b.

Conditional permitted displays shall be subject to the following standards:

1.

Shall be limited to a maximum of five (5) percent of the total lot area.

2.

Shall not be located in front of (i.e., on the street side of) or on top of the building.

3.

All surfaces will be graded and drained as to dispose of all surface water accumulated within the area to a public storm drain or on-site detention as approved with stormwater plans.

4.

Asphalt or concrete walkways or aisles shall be provided to permit all-weather customer access to all areas of the outdoor display.

5.

Shall be screened with an opaque fence or wall and shall not be visible from any public street or adjacent parcel.

6.

Walls or fences shall not be less than six (6) feet in height, nor exceed eight (8) feet in height.

7.

No sales display may exceed the height of the screening wall or fence.

(15)

Restaurant, drive-in. The following general standards shall apply to all drive-in restaurants:

a.

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

b.

Stacking spaces shall be located to the side or rear of the principle structure and shall not be adjacent to any street right-of-way.

c.

Four (4) stacking spaces shall be located behind the order speaker and three (3) stacking spaces shall be located between the order speaker and the pickup window.

d.

Extended awnings, canopies, or umbrellas are permitted.

(16)

Restaurant, mobile. The following additional requirements apply to sales from a mobile restaurant operating on private property or within public spaces or rights-of-way, except when operating in conjunction with temporary, special events permitted under applicable sections of the Town Code:

a.

Mobile restaurants must obtain a town mobile restaurant permit, and must be inspected and approved by the town at least three (3) business days prior to initial operation and again prior to annual business license renewal.

b.

Mobile restaurants must maintain a valid business license issued by the town and a valid health permit issued by the state department of health.

c.

A mobile restaurant may operate on either public property or private commercially zoned property with written permission from the owner.

d.

No items shall be sold other than food and beverages.

e.

No music shall be played that is audible outside of the vehicle.

f.

Mobile restaurant vehicles shall not operate on a public street or block i) the main entry drive isles or impact pedestrian or vehicular circulation overall, (ii) other access to loading areas, or (iii) emergency access and fire lanes. The mobile restaurant must also be positioned at least fifteen (15) feet away from fire hydrants, any fire department connection (FDC), driveway entrances, alleys and handicapped parking spaces.

g.

A mobile restaurant may operate between 7:00 a.m. and 9:00 p.m. Sunday to Thursday and between 9:00 a.m. to 11:00 p.m. Friday and Saturday (including set-up and break-down) in any one (1) day at any single location, except during national holidays and town-wide events a mobile restaurant may operate between 6:00 a.m. and 12:00 p.m. The vehicle and all accessory structures shall be removed each day.

h.

No signs may be displayed except:

1.

Those permanently affixed to the vehicle; and

2.

One (1) A-framed sign not to exceed four (4) feet in height and six (6) square feet of display for each of the two (2) sides and the sign cannot block any passageways.

i.

Trash receptacles shall be provided and all trash, refuse, or recyclables generated by the use shall be properly disposed of.

j.

No liquid wastes shall be discharged from the mobile restaurant.

k.

No mobile restaurant shall locate within fifty (50) feet of the entrance to a business that sells food for consumption (determined by measuring from the edge of the mobile restaurant to the main public entrance of the restaurant) unless permission of the restaurant owner is provided.

l.

No mobile restaurant shall locate within one hundred (100) feet of a single family or two-family residential use.

m.

Vehicles may be otherwise limited by the town depending on the location or other details of the mobile restaurant permit application.

n.

A mobile restaurant may operate at any farmer's market held on public or private property, if the food truck vendor is legally parked at the farmer's market and has received written permission from the farmer's market manager and displays such written permission upon request.

o.

The operation of the mobile restaurant or use of a generator should not be loud enough to be plainly audible at a distance of one hundred (100) feet away. Excessive complaints about vehicle or generator noise will be grounds for the administrator to require that the mobile restaurant vendor change location on the site or move to another property.

p.

The requirements of this section shall not apply to mobile restaurant vendors at catered events (events where the food is not sold through individual sales but provided to a group pursuant to a catering contract with a single payer).

q.

A mobile restaurant permit may be revoked by the zoning administrator at any time, due to the failure of the property owner or operator of the mobile restaurant permit to observe all requirements for the operation of mobile restaurants. Notice of revocation shall be made in writing to address of record for mobile restaurant permit holder. Any person aggrieved by such notice may appeal the revocation to the board of zoning appeals.

(17)

Shopping center. The following general standards shall apply to all shopping centers:

a.

Entrances to the site shall be minimized and located in such a way as to maximize safety, maintain efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood.

b.

The scale, massing, and building design shall be compatible with surrounding developments. The structures shall be street oriented with pedestrian entrances from the street.

c.

No outdoor display of goods shall be permitted.

(18)

Short-term rental. All short-term rental businesses shall comply with the following general standards:

a.

Definitions. As used in this article, unless the context requires a different meaning:

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 (1) 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 (1) or more persons maintain a household.

Short-term rental means a residential dwelling unit that is used or advertised for rent for transient occupancy in increments of fewer than thirty (30) consecutive days. This use type does not include bed-and-breakfast establishments and does not apply to month to month extensions following completion of a year's lease.

Type A rentals means rentals where the host is present during the short-term rental and no more than two (2) bedrooms of the short-term rental unit are rented.

Type B rentals means all other rentals, including ones where more than two (2) bedrooms of the short-term rental unit are rented or the host is not present during the short-term rental.

b.

Registration and other requirements.

1.

No host shall operate a short-term rental business without the host first having registered with the zoning administrator in accordance with Code of Virginia, § 15.2-983.

2.

The zoning administrator will report all registrations to the town treasurer for the collection of the transient lodging tax as set forth in the Town Code.

c.

The registration form shall include the following information:

1.

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

2.

A reminder about the importance of having appropriate levels of insurance that covers the homestay unit, the host and the guests.

d.

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.

e.

A log book must be maintained for one (1) year and be made available for review by the town upon request.

f.

No signage advertising a short-term rental shall be allowed for a short-term rental business located in the R-1, R-2, and R-3 residential zoning districts. A rental business located in a commercial zoning district (B-1), where such businesses are permitted, is not limited by the requirements of this subsection.

g.

Registration may be revoked if more than three substantiated complaints are received within a one-year period. Revocation is for a minimum of one year but may be permanent at the discretion of the town.

h.

A host may only operate one (1) residential dwelling unit in all of the residential zoning districts (R-1, R-2 and R-3) town wide as a short-term rental.

i.

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

j.

A host is permitted a maximum one hundred four (104) nights of type A and type B rentals in each calendar year for a short-term rental business located in the R-1, R-2, and R-3 residential zoning districts. Of these one hundred four (104) nights of rentals, no more than forty-five (45) nights may be type B rentals. In the required log book, the number of type A and type B rentals shall be listed for all booking transactions. A short-term rental business located in a commercial zoning district (B-1) where such businesses are permitted, is not limited by the requirements of this subsection.

k.

In all residential zoning districts, the dwelling unit used for short-term rentals must be the host's primary residence, which means that he or she resides there for at least one hundred eighty five (185) days during each year.

l.

The owner of a short-term rental unit located in a commercial zoning district (B-1), where such businesses are permitted, is not required to meet the primary resident requirement.

m.

Off-street parking shall be provided in compliance with this chapter. 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.

n.

Off-street parking may upon the recommendation of the planning commission and made part of a conditional use permit by the town council not be required or may be reduced in number for short-term rentals located in the R-1, R-2, R-3, and B-1 zoning districts, provided:

1.

The required off-street parking is provided in a remote parking lot which is within 500 feet measured along lines of public access from the principal use. A remote parking lot to satisfy this requirement for short-term rentals shall be owned by the owner of the principal structure or, in the alternative, shall be restricted by a recorded agreement to off-street parking purposes during the lifetime of the principal structure or as long as off-street parking is required for such principal structure in accordance with the terms of this article, or

2.

The owner provide letters or a signed petition showing agreement by all adjacent property owners to the proposal to reduce or delete the requirement for off street parking, or

3.

Public parking is provided within 500 feet of the principal use and can reasonably provide the required off street parking.

o.

Safety.

1.

The city may inspect any short-term rental once per year for compliance with applicable building codes.

2.

The unit shall meet all applicable sections of the life safety requirements in the building code.

3.

Site address. Building (dwelling) will have an approved address placed in a position that is plainly legible and visible from the street fronting the property. Structures obscured from street view or access roads in excess of one hundred fifty (150) feet in length shall additionally post the numerical address at the roadway entrance.

p.

Use regulations.

1.

No recreational vehicles, buses, or trailers shall be parked on the adjoining street or visible on the property in conjunction with the short-term rental use.

2.

The dates for trash and recycling collection shall be posted prominently in the short-term rental unit.

3.

During each stay at the short-term rental unit, a principal guest shall be designated as the contact person for Town officials in the event of safety or behavioral issues at the unit. The host shall provide this information upon request to authorized Town officials.

4.

The host shall not permit occupancy of a short-term rental unit for a period of less than overnight.

5.

The name and telephone number of the host or the host's designee shall be conspicuously posted within the short-term rental unit. The host shall answer calls twenty-four (24) hours a day, seven (7) days a week for the duration of each short-term rental to address any problems associated with the short-term rental unit.

6.

The principal guest of a short-term rental unit shall be at least eighteen (18) years of age.

7.

The maximum number of adult guests in a short-term rental unit is limited to two (2) adults per bedroom.

q.

Registration suspension or cancellation.

1.

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

A.

Failure to collect and/or remit the transient occupancy tax.

B.

Three (3) or more substantiated complaints (including, but not limited to, parking on grass, noise, excess trash) within a twelve-month period.

C.

The failure of any short-term rental host to maintain his or her principal place of residence or domicile at the dwelling unit (as required in the residential zoning districts) used as a limited residential lodging.

2.

Before any suspension or cancellation can be effective, the Zoning Administrator shall give written notice to the short-term rental host. The notice of suspension or cancellation issued under the provisions of this chapter shall contain:

A.

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

B.

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

C.

A statement that if no written response by the host is received by the Zoning Administrator within thirty (30) days from the date of the notice, the registration will be suspended or cancelled.

3.

The notice shall be given to the host by delivering a copy of the notice in person. If the host cannot be found, such notice shall be sent to the address of record by:

A.

Certified mail or e-mail to the addresses in the registration form; and

B.

A copy of the notice shall be posted in a conspicuous place on the premises.

4.

A copy of the notice will be provided to the town treasurer to advise the registration may be revoked.

5.

Any determination made by the zoning administrator may be appealed to the board of zoning appeals.

r.

Penalty.

1.

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

A.

Without obtaining 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.

D.

The penalty shall be a fine of five hundred dollars ($500.00) per occurrence in accordance with Code of Virginia, § 15.2-983 for an operator required to register who offers for short-term rental a property that is not registered.

s.

Exemptions.

1.

Any residential dwelling unit which, at the time of adoption of this chapter, was being operated as a short-term rental business and was licensed by the town treasurer shall not be subject to the provisions of this section "short-term rental" set forth below until December 31, 2020.

A.

The limitations on the number of rentals per year set forth in subsection (18)j. of this section, however the log book requirements of the paragraph shall still apply;

B.

The requirement of off street parking set forth in subsection (18)m. of this section;

C.

The limitation on the total number of guests set forth in subsection (18)p.7. of this section;

All other provisions of this section not listed above shall apply to all residential dwelling units. Beginning in calendar year 2021, this sunset provision, subsection (18)s., shall terminate, and the provisions of this chapter shall apply uniformly, without regard to operation prior to the adoption of this chapter. This subsection (18)s. shall not be construed to allow a short-term rental business to operate at any time without registering with the town zoning administrator; this subsection (18)s. shall not apply to residential dwelling units which are not the primary residence of the host as set forth in subsection (18)l. of this section.

2.

The provisions of this section, and the requirements described herein, shall not apply to a residential unit participating in a charitable fund raising effort wherein a residential dwelling unit is occupied by transient guests who, in return for their stay, donate directly to a charity. In order for a residential dwelling unit to receive this exemption, the charitable qualifying event is:

A.

Conducted by a recognized 501(c) organization that is based in the community or has a chapter or affiliate based in the community;

B.

The qualifying event is part of a local community wide campaign; and,

C.

Payment is made from the guest directly to the recognized non-profit organization. A residential dwelling unit may claim this exemption once per calendar year for a single charitable event with the related charitable rental lasting no more than three (3) consecutive nights.

(19)

Store, adult. The following general standards shall apply to all adult stores:

1.

Distances specified in this section shall be measured from the property line of one (1) use to the property line of the other. The distance between an adult store and a residentially zoned district shall be measured from the property line of the use to the nearest point of the boundary line of the residential zoning district.

2.

An adult store shall be located at least five hundred (500) feet from any religious assembly, education facility, public recreational facility, day care center, public assembly, home for adults, life care facility, or residential zoning district in existence on the date on which the store obtains its zoning permit.

3.

No adult store shall be located within one thousand (1,000) feet of any adult store or other adult establishment.

4.

No adult store 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. Window areas shall remain transparent.

(20)

Store, grocery. All grocery stores shall be subject to the following general standards:

1.

Entrances to the site shall be minimized and located in such a way as to maximize safety, ensure efficient traffic circulation and minimize the impact upon the surrounding neighborhood.

2.

Additional standards for the B-1 district:

A.

Parking shall be located behind the front line of the principal building.

B.

Any new buildings shall be street-oriented with pedestrian entrances from the street, and compatible with the surrounding development.

C.

Lighting shall be consistent with the surrounding neighborhood.

(21)

Store, liquor. The following general standards shall apply to all liquor stores:

1.

A proposed liquor store shall not be located within five hundred (500) feet of an existing liquor store. This distance shall be measured from the property line of one (1) business to the property line of the other.

2.

Exterior lighting shall be compatible with the surrounding neighborhood.

3.

Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood.

4.

The scale, massing, and building design shall be compatible with the surrounding neighborhood.

(22)

Wholesale sales.

1.

Loading areas shall be sited in such a way so as to minimize the impact on any surrounding neighborhood.

2.

Parking shall be located behind the front line of the principal building.

(e)

Miscellaneous uses.

(1)

Parking facility. The following general standards shall apply to all parking facilities:

a.

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

b.

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 except town sanctioned farmer's markets.

(Ord. No. 196, 6-10-2020; Ord. No. 234, § 1, 1-8-2025)