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Fredericksburg City Zoning Code

Article 72

4 Use Standards

72-40.1 Explanation of Use Table.

A. 
General. Table 72-40.2, Use Table, lists use types by base zoning district and indicates whether they are allowed by right, allowed with a use permit, or prohibited. The Use Table also includes references to any additional requirements or regulations applicable to the specific use type. References to additional requirements or regulations may not be all-inclusive.
B. 
Organization of uses. The Use Table and § 72-83, Use classifications, categories, and use types, together, provide a systematic basis for determining whether a particular land use is allowed in a particular zoning district.
(1) 
Use classifications. The use classifications identify broad general classifications of uses and include residential uses, institutional uses, commercial uses, and industrial uses. Use classifications are further categorized into a series of general use categories and specific use types.
(2) 
Use categories. The use categories describe the major subgroups of the respective use classifications and are based on common physical characteristics or functions, such as the type and amount of activity, the types of customers or residents, the manner in which goods or services are sold or delivered, and site conditions. For example, the residential use classification is divided into the household living and group living use categories. Use categories are further divided into a series of individual use types.
(3) 
Use types. The specific use types are included in the respective use category. They identify the specific principal uses that are considered to fall within characteristics identified in the use category. For example, duplex dwellings, live/work dwellings, single-family detached dwellings, and single-family attached dwellings are use types in the household living use category.
C. 
Uses allowed by right.
(1) 
A "P" in a cell of Table 72-40.2, Use Table, indicates that the corresponding use category or use type is permitted in the corresponding base zoning district by right, subject to compliance with any applicable use-specific standards referenced in the final column of the use table and issuance of a zoning permit (if applicable). Uses requiring a zoning permit are subject to all other applicable regulations of this chapter, including those set forth in Article 72-5, Development Standards.
(2) 
In some instances, uses typically allowed by right may be required to obtain special use permit approval if located within an overlay zoning district. Applicants should be aware of all overlay zoning district requirements applicable to a particular use or lot.
D. 
Uses requiring a special use permit. An "S" in a cell of Table 72-40.2, Use Table, indicates that the corresponding use category or use type is allowed in the corresponding base zoning district only upon approval of a special use permit, in accordance with § 72-22.6, Special use permits, and any applicable use-specific standards referenced in the final column of the use table. Uses subject to a special use permit are also subject to all other applicable regulations of this chapter, including those set forth in Article 72-5, Development Standards.
E. 
Prohibited uses. A cell which contains neither an "S" nor a "P" indicates that the specified use type is prohibited in the corresponding zoning district.
F. 
Use-specific standards. When a particular use type is permitted in a zoning district, there may be additional regulations that are applicable to the use type. The existence of these use-specific standards is noted through a section reference in the last column of the use table titled "Additional Requirements." References refer to provisions found in § 72-41, Principal use standards. These standards apply to the corresponding use regardless of the base zoning district where it is proposed, unless otherwise specified.
G. 
Use restricted or prohibited by Overlay Zoning District. Regardless of whether the summary use table identifies a particular use type as permitted by right or allowed by special use permit, the use type may be further restricted or prohibited in accordance with applicable overlay zoning district provisions in Article 72-3, Zoning Districts, or with provisions in this chapter.

72-40.2 Use Table.

[Amended 1-28-2014 by Ord. No. 14-01; 2-11-2014 by Ord. No. 14-07; 8-11-2015 by Ord. No. 15-19; 10-27-2015 by Ord. No. 15-25; 1-10-2017 by Ord. No. 16-29; 10-24-2017 by Ord. No. 17-27; 10-23-2018 by Ord. No. 18-16; 1-22-2019 by Ord. No. 19-01; 7-9-2019 by Ord. No. 19-25; 9-8-2020 by Ord. No. 20-17; 7-13-2021 by Ord. No. 21-19; 9-13-2022 by Ord. No. 22-18; 5-23-2023 by Ord. No. 23-12; 6-25-2024 by Ord. No. 24-12]
Table 72-40.2: Use Table
"P" = Permitted: Allowed by-right "S" = Special Use Permit Required "blank cell(•)" = Use is Prohibited
Use Category
Use Type
Base Zoning District [Overlay Districts May Further Limit Allowable Uses]
Additional Requirements
Residential Districts
Nonresidential and Mixed-Use Districts
Planned Development Districts
R-2
R-4
R-8
R-12
R-16
R-30
R-MH
C-T
C-D
C-SC
C-H
CM
I-1
I-2
PD-R
PD-C
PD-MU
PD-MC
Residential Use
Household Living
Dwelling, Duplex
•
•
P
P
P
P
•
P
P
•
P
P
•
•
P
S
P
•
§ 72-41.1B
Dwelling, Live/Work
•
•
•
•
•
S
•
P
P
S
P
P
•
•
P
P
P
P
§ 72-41.1C
Dwelling, Mobile Home
•
•
•
•
•
•
P
•
•
•
•
•
•
•
•
•
•
•
§ 72-41.1D
Dwelling, Multifamily
•
•
S
P
P
P
•
•
P
P
P
P
•
•
P
P
P
P
§ 72-41.1E
Dwelling, Single-Family Attached
•
•
P
P
P
P
•
P
P
P
P
P
•
•
P
S
P
P
§ 72-41.1F
Dwelling, Single-Family Detached
P
P
P
•
•
•
•
P
P
•
•
P
•
•
P
S
P
P
§ 72-41.1G
Dwelling, Upper Story (over nonresidential)
•
•
•
•
•
S
•
P
P
P
P
P
•
•
P
P
P
P
§ 72-41.1H
Group Living
Convent or Monastery
•
•
•
•
•
•
•
•
•
•
•
•
•
•
P
•
•
•
Dormitory
•
•
S
S
S
S
•
•
•
•
S
•
•
•
•
•
P
S
§ 72-41.1A
Fraternity or Sorority
•
•
S
S
S
S
•
•
•
•
S
•
•
•
•
•
P
•
Group Home
P
P
P
P
P
P
•
P
P
•
•
•
•
•
P
•
P
P
Institutional Housing
•
•
•
•
•
•
•
S
•
•
•
•
S
S
S
•
P
P
Institutional Uses
Community Services
Art Center and Related Facilities
•
•
•
•
•
•
•
S
P
•
P
P
•
•
•
•
•
•
Community Center
•
S
S
P
P
P
•
•
•
•
P
P
•
•
P
•
P
•
Cultural Facility
•
•
S
S
S
S
•
P
P
P
P
P
•
•
•
P
P
•
Library
S
S
S
P
P
P
S
P
P
P
P
P
•
•
•
P
P
•
Museum
S
S
S
S
S
S
S
P
P
P
P
P
•
•
•
P
P
•
Social Service Delivery
•
•
•
•
•
•
•
S
S
S
S
•
S
S
•
S
S
S
Day Care
Adult Day-Care Center
•
•
•
•
•
•
S
S
S
•
P
P
•
S
P
P
P
Child-Care Center
S
S
S
P
P
P
S
S
P
P
P
P
•
•
P
P
P
P
§ 72-41.2B
Family Day Home
(1-5 Children)
P
P
P
P
P
P
•
P
P
•
•
•
•
•
P
•
•
•
Family Day Home
(6-12 Children)
S
S
S
S
S
S
•
S
S
•
•
•
•
•
S
•
•
•
Educational Facilities
College or University
•
S
S
S
S
S
S
S
S
P
P
P
P
•
•
P
P
P
School, Elementary
S
S
S
S
S
S
S
P
P
P
S
S
•
•
P
P
P
S
§ 72-41.2E
School, Middle
S
S
S
S
S
S
S
P
P
P
S
S
•
•
P
S
P
S
§ 72-41.2E
School, High
S
S
S
S
S
S
S
P
P
S
S
S
•
•
S
S
S
•
§ 72-41.2E
Vocational or Trade School
•
•
•
•
•
•
•
S
P
P
P
P
P
P
•
P
S
P
Governmental Facilities
Courthouse
•
•
•
•
•
•
•
•
P
•
•
•
•
•
•
•
•
•
Governmental Facility
•
•
•
•
•
•
•
S
P
•
P
P
P
P
•
•
P
S
Governmental Office
•
S
S
P
P
P
•
S
P
•
•
P
P
P
P
P
P
P
Post Office
•
S
S
S
S
S
S
S
P
P
P
P
•
•
S
P
P
•
Health Care Facilities
Hospital
•
•
•
•
•
•
S
S
•
S
S
S
•
•
•
P
•
P
§ 72-41.2D
Medical Laboratory
•
•
•
•
•
•
•
•
•
•
P
P
P
•
•
P
P
P
Medical Treatment Facility
•
•
•
•
•
•
•
S
P
•
P
P
•
•
•
P
P
P
Institutions
Assisted Living Facility
•
•
S
S
P
P
•
S
•
•
S
S
•
•
P
S
P
P
Assembly Hall
•
•
•
•
•
S
•
S
P
S
P
P
P
•
•
P
P
P
Convention Center
•
•
•
•
•
S
•
S
S
S
P
P
P
•
•
P
P
P
§ 72-41.2A
Club or Lodge
•
•
•
•
•
S
•
S
P
P
P
P
•
•
•
P
P
•
Continuing Care Retirement Community
•
•
•
•
•
•
•
•
•
•
S
•
•
•
•
•
P
•
Nursing Home
•
•
S
S
P
P
S
•
•
•
S
•
•
•
S
•
P
P
Religious Institution
S
S
S
S
S
S
S
P
P
P
P
P
P
•
P
P
P
P
Parks and Open Areas
Cemetery, Columbarium, Mausoleum
S
S
S
S
S
S
S
•
S
•
S
•
•
•
S
•
•
•
Arboretum or Garden
P
P
P
P
P
P
•
P
P
P
•
P
•
•
P
P
P
P
Community Garden/Gardening, Noncommercial
P
P
P
P
P
P
•
P
P
•
P
P
•
•
P
•
P
•
Community Garden/Gardening, Commercial
•
•
•
•
•
•
•
P
P
•
P
P
P
P
P
•
P
•
Park, Playground, or Plaza
S
P
P
P
P
P
S
P
P
P
P
P
•
•
P
P
P
P
Swimming Pool (public or private)
S
S
S
P
P
P
S
P
•
S
P
P
•
•
P
•
P
P
Public Safety
Fire/EMS Station
S
•
S
S
P
P
S
S
P
P
S
S
•
•
•
P
•
P
Police Station
•
•
•
•
•
S
•
S
P
P
S
S
•
•
•
•
•
•
Transportation
Airport
•
•
•
•
•
•
•
•
•
•
•
•
•
S
•
•
•
•
Heliport
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
P
•
P
§ 72-41.2C
Passenger Terminal (surface transportation)
•
•
•
•
•
S
•
P
P
•
P
p
•
P
•
P
P
P
P
Utilities
Data Center
•
•
•
•
•
•
•
S
S
S
S
S
S
P/S[1]
•
S
S
S
S
Small Cell Facility, Co-Location
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
§ 66-141 et seq., § 72-41
Small Data Center
•
•
•
•
•
•
•
P
P
P
P
P
P
P
•
P
P
P
Solar Array
•
•
•
•
•
S
•
S
S
P
P
P
P
P
S
P
P
P
§ 72-41.2F
Telecommunication Facility, Structure
•
•
•
•
•
S
•
P
P
P
P
P
P
P
S
P
P
P
Telecommunication Facility, Co-Location
•
•
•
•
•
S
•
P
P
P
P
P
P
P
S
P
P
P
Telecommunication Facility, Tower
•
•
•
•
•
•
•
•
•
•
P/S
•
•
P/S
•
P/.S
•
P/S
§ 72-41.2G
Utility, Major
•
•
•
•
•
•
•
•
•
•
•
•
S
S
•
•
•
•
§ 72-41.2H
Utility, Minor
S
S
S
S
P
P
•
P
P
P
P
P
P
P
P
P
P
P
Commercial Uses
Adult Establishments
All
•
•
•
•
•
•
•
•
•
S
S
•
•
•
•
•
•
•
§ 72-41.3A
Agriculture
Agritourism
•
•
•
•
•
•
•
•
•
•
•
•
•
S
•
•
•
•
Alcoholic Beverage Production
Microbrewery
•
•
•
•
•
•
•
S
P
P
P
P
P
P
•
P
P
•
§ 72-41.3B
Local Brewery
•
•
•
•
•
•
•
•
S
S
S
P
S
P
•
S
S
•
§ 72-41.3B
Local Distillery
•
•
•
•
•
•
•
•
S
S
S
P
S
P
•
S
S
•
§ 72-41.3B
Local Winery
•
•
•
•
•
•
•
•
S
S
S
P
S
P
•
S
S
•
Regional Brewery
•
•
•
•
•
•
•
•
•
•
•
S
•
S
•
S
P/S
•
§ 72-41.3N
Regional Winery
•
•
•
•
•
•
•
•
•
•
•
S
•
S
•
S
P/S
•
§ 72-41.3N
Regional Distillery
•
•
•
•
•
•
•
•
•
•
•
S
•
S
•
S
P/S
•
§ 72-41.3N
Animal Care
Animal Grooming
•
•
•
•
•
•
•
P
P
P
P
P
•
•
•
P
P
•
§ 72-41.3B
Animal Shelter/Kennel
•
•
•
•
•
•
•
•
•
S
P
P
P
P
•
P
P
•
§ 72-41.3B
Veterinary Clinic
•
•
•
•
•
•
•
P
P
P
P
P
P
P
•
P
P
•
§ 72-41.3B
Eating Establishments
Bakery
•
•
•
•
•
•
•
P
P
P
P
P
•
•
P
P
P
•
§ 72-32.1
Restaurant, Fast-food
•
•
•
•
•
•
•
S
P
P
P
P
S
•
•
P
S
•
§ 72-32.1
Restaurant, Indoor and Outdoor Seating
•
S
S
•
•
•
•
P
P
P
P
P
P
P
P
P
P
P
§§  72-41.3S; 72-32.1
Specialty Eating Establishment
•
•
•
•
•
S
•
P
P
P
P
P
P
•
P
P
P
P
§ 72-32.1
Offices
Business and Professional Services
•
•
•
•
•
•
•
P
P
P
P
P
P
P
P
P
P
P
Medical and Dental
•
S
S
•
•
S
•
P
P
P
P
P
P
P
P
P
P
P
§ 72-41.3O
Parking
Parking Garage
•
•
•
S
S
•
•
•
P
P
P
P
P
P
•
P
P
P
§ 72-41.3P
Parking Lot (commercial)
•
•
S
S
P
P
•
P
P
P
P
P
P
P
•
P
•
P
Recreation, Indoor
Fitness Center
•
•
•
•
S
S
•
P
P
P
P
P
S
P
P
P
P
P
Recreation, Indoor
•
•
•
•
•
S
•
•
P
P
P
P
•
•
•
P
P
•
Theater
•
•
•
•
•
•
•
•
P
P
P
P
S
•
•
P
P
P
Recreation, Outdoor
Arena or Stadium
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
S
S
•
§ 72-41.3C
Fairgrounds
•
•
•
•
•
•
•
•
•
•
•
•
P
•
•
•
•
•
Golf Course
•
•
S
S
S
S
S
•
•
S
•
•
•
•
P
P
P
•
Marina
•
•
•
•
•
•
•
•
•
•
•
•
S
•
•
•
•
•
§ 72-41.3N
Recreation, Outdoor
•
•
•
•
•
•
•
P
•
P
P
P
S
•
•
P
P
•
Retail Sales and Services
Artist Studio
•
•
•
•
•
•
•
P
P
•
P
P
P
•
•
P
P
•
Auction House
•
•
•
•
•
•
•
•
•
•
S
P
•
•
•
•
•
•
Convenience Store (with gasoline sales)
•
•
•
•
•
•
•
•
•
P
P
S
S
S
•
S
S
•
§ 72-41.3G
Convenience Store (without gasoline sales)
•
S
S
•
•
S
•
S
P
P
P
P
P
•
P
•
P
•
§ 72-41.3H
Crematorium
•
•
•
•
•
•
•
•
•
•
•
•
•
P
•
•
•
•
Financial Institution
•
•
•
•
•
S
•
P
P
P
P
P
P
•
P
P
P
P
Funeral Home
•
•
•
•
•
S
•
S
S
P
P
P
•
•
•
•
•
•
§ 72-41.3I
Gasoline Sales
•
•
•
•
•
•
•
•
S
S
P
S
S
P
•
•
•
•
§ 72-41.3J
Grocery Store
•
•
•
•
•
•
•
S
P
P
P
P
•
•
•
P
P
•
Historic Dependency Limited Office/Retail
•
S
S
•
•
•
•
S
P
•
•
•
•
•
•
•
•
•
§ 72-41.3K
Laundromat
•
•
•
•
S
S
S
•
S
P
P
P
•
•
P
•
P
•
Lumber/Building Materials
•
•
•
•
•
•
•
•
•
S
S
P
P
P
•
•
•
•
Open-Air Market
•
•
•
•
•
•
•
•
P
•
•
P
•
•
•
•
•
•
Personal Services Establishment
•
S
S
•
•
•
•
P
P
P
P
P
S
•
P
P
P
S
§ 72-41.3Q
Pharmacy
•
S
S
•
•
S
•
S
P
P
P
P
S
•
P
P
P
P
Plant Nursery
•
•
•
•
•
•
•
•
•
S
P
P
P
P
•
•
•
•
Repair Service Establishment
•
S
S
•
•
•
•
P
P
P
P
P
P
•
P
P
P
•
§ 72-41.3R
Retail Sales Establishment
•
•
•
•
•
S
•
S
P
P
P
P
•
•
S
P
P
P
Shopping Center
•
•
•
•
•
•
•
•
•
P
P
P
•
•
•
P
S
•
§ 72-41.3T
Tattoo/Piercing Establishment
•
•
•
•
•
•
•
•
•
P
P
S
•
•
•
•
•
•
§ 72-41.3V
Seasonal Event
All
•
•
•
•
•
•
•
•
P
•
P
S
•
•
•
P
P
•
§ 72-41.3U
Vehicle Sales and Service
Automotive Sales and Rental, Small Scale
•
•
•
•
•
•
•
•
•
•
S
S
•
•
•
S
S
•
§ 72-41.3D
Automotive Sales and Rental, Large Scale
•
•
•
•
•
•
•
•
•
•
P
S
•
•
•
P
S
•
§ 72-41.3D
Automotive Service
•
•
•
•
•
•
•
•
•
S
P
S
P
P
•
S
•
•
§ 72-41.3E
Automobile Towing and Impoundment
•
•
•
•
•
•
•
•
•
•
•
•
S
P
•
•
•
•
Car Wash
•
•
•
•
•
•
•
•
•
P
P
P
•
•
•
P
•
•
Visitor Accommodations
Bed-and-Breakfast Inn
S
S
S
•
•
•
•
P
P
•
•
P
•
•
P
P
P
•
§ 72-41.3F
Historic Dependency Lodging
•
S
S
•
•
•
•
P
P
•
•
P
•
•
•
•
•
•
§ 72-41.3L
Hotel or Motel
•
•
•
•
S
•
•
•
P
P
P
P
S
•
•
P
P
S
Industrial Uses
Industrial Services
Commercial Laundry
•
•
•
•
•
•
•
•
•
•
•
S
S
S
•
S
P/S
•
§ 72-41.5A
Contractor Office
•
•
•
•
•
•
•
•
•
•
•
P
P
P
•
•
P/S
•
§ 72-41.5A
Equipment Rental and Sales
•
•
•
•
•
•
•
•
•
•
•
S
P
P
•
•
•
•
§ 72-41.4B
General Industrial Service/Repair
•
•
•
•
•
•
•
•
•
•
•
P
P
P
•
S
•
•
§ 72-41.4A
Research and Development
•
•
•
•
•
•
•
P
P
•
P
P
P
P
P
P
P
•
§ 72-41.4A
Manufacturing
Abattoir
•
•
•
•
•
•
•
•
•
•
•
•
•
S
•
•
•
•
Manufacturing, Heavy
•
•
•
•
•
•
•
•
•
•
•
•
•
S
•
•
•
•
§ 71-41.4C
Manufacturing, Light
•
•
•
•
•
•
•
•
•
•
•
P
P
P
•
•
P/S
S
§ 72-41.4
Warehousing and Storage
Bulk Storage
•
•
•
•
•
•
•
•
•
•
•
•
•
S
•
•
•
•
Outdoor Storage
•
•
•
•
•
•
•
•
•
•
•
S
S
S
•
•
P/S
•
§ 72-41.5D
Self-Service Storage
•
•
•
•
•
•
•
•
•
•
S
•
P
P
•
•
•
•
Freight Terminal
•
•
•
•
•
•
•
•
•
•
•
S
S
P
•
•
•
•
Warehouse
•
•
•
•
•
•
•
•
S
•
•
P
P
P
•
P
P/S
P
§ 72-41.5E
Waste-Related
Incinerator
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Recycling Center
•
•
•
•
•
•
•
•
•
•
•
•
•
S
•
•
•
•
§ 72-41.4E
Wholesale Sales
Wholesale Sales
•
•
•
•
•
•
•
•
P
•
•
P
P
P
•
P
P/S
•
§ 72-41.5G
[1]
Editor’s Note: Permitted by right for a use that does not incorporate a water-based cooling system and permitted by special use permit for a use that does incorporate a water-based cooling system.

72-41.1 Residential uses.

A. 
Dormitories. All dormitories shall be accessory to an educational facility located on the same site or campus, and house only persons who are students or staff at the educational facility.
B. 
Dwellings, duplex. Duplex dwellings shall comply with the following standards:
(1) 
Except for circular driveways, no duplex dwelling lot shall be served by more than one driveway on the same block face.
(2) 
Ground based, roof-based, and wall-mounted electrical equipment, HVAC equipment and other utility connection devices shall be grouped and shall be screened or located outside the view from any adjacent public street.
C. 
Dwellings, live/work. Live/work dwellings shall comply with the following standards:
(1) 
The residential portion of the building shall occupy over 50% of the gross floor area.
(2) 
The nonresidential portion of the building shall be located on the ground floor.
(3) 
The nonresidential portion of the building shall comply with all applicable nonresidential Uniform Statewide Building Code requirements.
(4) 
Employees shall be limited to occupants of the residential portion of the building plus up to one person not residing in the residential portion.
(5) 
Drive-through facilities are prohibited.
(6) 
The use shall comply with the parking, and landscaping standards for mixed uses in Article 72-5, Development Standards.
(7) 
Any nonresidential off-street parking shall be located as far as practicable from existing adjacent single-family detached dwellings.
D. 
Dwellings, mobile home. Mobile home parks shall comply with the following requirements:
(1) 
Development within R-MH districts shall require site plan approval as set forth in Article 72-5 of this chapter.
(2) 
No space in a mobile home park shall be rented for residential use except for periods of 30 days or more.
(3) 
No mobile home shall be located in any park unless it can be demonstrated that it meets the requirements of the Mobile Home Manufacturers' Association's Mobile Home Standards for Plumbing, Heating and Electric Systems, as amended from time to time, as well as other qualifying standards adopted by the state.
(4) 
Every mobile home site as described on the site plan shall be clearly defined on the ground by permanent monuments to be located by field survey.
(5) 
Every mobile home site shall be provided with a mobile home stand designed to provide adequate loadbearing support. The stand shall be located as to provide for the most practical placement of the mobile home and its appurtenant structures in a manner complying with all requirements of this district. Each mobile home shall be securely anchored to each stand to prevent overturning and shifting, in accordance with National Fire Protection Association Standards, as amended from time to time.
(6) 
No mobile home site shall extend into a floodplain.
(7) 
Every mobile home shall be provided with an outdoor patio to be adequately paved with asphalt or concrete material and located convenient to the entrance of the mobile home. The paved area shall be at least 200 square feet.
(8) 
All mobile home sites shall abut a private street or driveway and have unobstructed access to a public street. Private streets and driveways shall be constructed in accordance with the standards and criteria of the Zoning Administrator.
(9) 
Sidewalks shall be provided for safe, convenient, all-season access from mobile home stands to paved streets, parking spaces, and other concentrated pedestrian areas.
(10) 
Street lighting shall be provided, with final layout and design subject to final plan approval.
(11) 
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. At a minimum, the owner shall collect garbage and refuse not less than twice weekly, ensuring that collection is provided on a site-by-site, curbside basis.
(12) 
A landscaped buffer 15 feet in width shall be maintained around the perimeter of the mobile home park, with plant materials and placement thereof subject to final plan approval.
(13) 
Any expansion of existing mobile home parks or mobile home developments must result in full compliance with all regulations contained in this section.
E. 
Dwellings, multifamily. Multifamily uses shall comply with the following requirements:
(1) 
No accessory structure shall be less than 10 feet from another structure.
(2) 
No improved recreation area shall be located within required exterior setbacks or within 20 feet of any dwelling unit.
(3) 
No individual building shall exceed a length of 250 feet.
F. 
Dwelling, single-family attached. Single-family attached uses shall comply with the following requirements when arranged as townhouses:
[Amended 9-8-2020 by Ord. No. 20-20]
(1) 
A single-family attached building shall contain at least three units (six units, if in vertical stacks of two units) but no more than eight side-by-side dwelling units (sixteen units, if in vertical stacks of two side-by-side dwelling units).
[Amended 1-23-2024 by Ord. No. 23-22]
(2) 
Individual buildings containing single-family attached units shall be separated from one another by at least 20 feet.
(3) 
No more than two abutting units in a row shall have the same front and rear setbacks, with a minimum setback offset being 2 1/2 feet.
(4) 
Nothing in these standards shall prevent a deck from encroaching into a required rear yard setback.
(5) 
No more than one single-family dwelling may be located on a single lot, except for vertical stacks of two units on one lot or in Planned Development Districts, where more than one single-family attached dwelling may be located on a single lot, in accordance with a General Development Plan.
[Amended 1-23-2024 by Ord. No. 23-22]
G. 
Dwelling single-family detached. No more than one single-family detached dwelling may be located on a single lot, except in Planned Development Districts, where more than one single-family detached dwelling may be located on a single lot, in accordance with a General Development Plan.
[Amended 1-23-2024 by Ord. No. 23-22]
H. 
Dwelling, upper-story. Upper-story residential dwelling units shall occupy the second or higher floor of a building with a nonresidential use on the ground floor.

72-41.2 Institutional uses.

[Amended 2-11-2014 by Ord. No. 14-07; 10-24-2017 by Ord. No. 17-27; 10-23-2018 by Ord. No. 18-16; 7-13-2021 by Ord. No. 21-19; 3-11-2025 by Ord. No. 25-02]
A. 
Convention center (new). Convention centers shall comply with the following standards:
(1) 
The parcel or site shall have an area of at least five acres.
(2) 
The building shall be located at least 500 feet from any R-2, R-4, or R-8 Residential Zoning District.
(3) 
Dining and banquet facilities may be provided for employees, trainees, and conferees, provided the gross floor area devoted to such facilities does not exceed 50% of the total floor area of the principal building.
(4) 
On-site recreational facilities may be provided for use by employees, trainees, or conferees.
B. 
Child-care center. The Code of Virginia, § 15.2-2292, allows single-family residential occupants to care for 1 to 5 children, by right, as a family day home. Family day homes for 6 to 12 children require a special use permit. Child-care centers, including preschools, required to be licensed as a child care center by the state, shall comply with all state regulations for child-care centers as well as the following standards:
(1) 
Location. If not located in a stand-alone building, a child day-care center shall be located on the first floor of a principal structure and be segregated (including the restrooms) from the remaining portion of the building in which it is located.
(2) 
Outdoor play areas. Outdoor play areas shall be provided and shall:
(a) 
Be completely enclosed by a fence with a minimum height meeting the standards in the Uniform Statewide Building Code;
(b) 
Be safely segregated from parking, loading, or service areas; and
(c) 
Not be operated for outdoor play activities after 6:00 p.m.
(3) 
Parking area, vehicular circulation, and dropoff and pickup. The parking areas and vehicular circulation for the child day-care center shall be designed to:
(a) 
Enhance the safety of children as they arrive at and leave the facility; and
(b) 
Provide a designated pickup and delivery area that includes at least one parking/stacking space per 10 children configured so that children do not have to cross vehicular travelways to enter or exit the center.
(4) 
Accessory uses. If operated as an accessory use to a retail sales and service or office use, the heated floor area of a child-care center shall not exceed 20% of the heated floor area of the principal use.
C. 
Heliport. A heliport shall comply with the following standards:
(1) 
The heliport shall provide adequate land area for safe take-offs and landings in accordance with standards of the Federal Aviation Administration (FAA).
(2) 
Where located within 500 feet of an R Residential District, or existing single-family residential development, a helicopter landing facility shall provide an adequate buffer along the property line to ensure the facility does not adversely impact surrounding uses.
D. 
Data Center.
(1) 
Differentiated surfaces.
(a) 
Any building facade visible from adjacent properties or public streets shall incorporate differentiation that breaks the mass of the facade every 100 horizontal linear feet and no less frequent than three times the average height of the building by changes in at least two of the following design elements: building height, facade step-back or recesses (minimum two-and-one-half foot depth), fenestration, facade materials, pattern, texture, color, or use of accent materials. All visible facades of a building must be consistent in terms of design, materials, details, and treatment.
(b) 
Windows, doors, or similar fenestration design features such as faux windows must be distributed horizontally and vertically across the facade and comprise a minimum of 15% of each visible building facade. A green-wall treatment may be provided to meet up to half of the required 15% area.
(c) 
The following elements shall be included in the building design:
(i) 
A main entrance feature that is differentiated from the remainder of the facade;
(ii) 
High albedo or light-colored roof;
(iii) 
Enclosures for on-site generators; and
(iv) 
Shrouds for any exhaust stacks.
(2) 
Building facade material requirements.
(a) 
Primary facade materials shall be limited to one or more of the following: tinted textured masonry block, pre-cast concrete, tilt-up concrete panels, brick or stone veneer, glass (clear or architectural panels), stucco and external insulation finish system that simulates a stucco appearance, metal panel systems, structural metal siding, or smooth-faced concrete blocks. All metal panels shall be fully engineered, architectural quality systems.
(b) 
Accent or trim building materials may include any of the primary facade materials, wood, fiber cement, vinyl, or composite trim.
(3) 
Screening of accessory equipment. To minimize visibility from adjacent public streets and properties outside of common ownership or operated as a campus as defined by Section 72-34.9, Subsection B, ground-level and rooftop accessory equipment shall be screened. Screening may be provided by a principal building or Type D perimeter buffer that will remain on site or is within a vegetated buffer (with an easement) on an adjacent property. Accessory equipment not screened by a principal building or perimeter buffer shall be screened by a visually solid fence, screen wall or panel, parapet wall, or other visually solid screen that shall be constructed of materials compatible with those used in the exterior construction of the principal building. Notwithstanding the requirements of this subpart, accessory equipment in size or scale comparable with adjacent commercial, residential, or mixed use property at the time of the site plan approval, shall not be required to be screened. Further, this Subsection D(3) shall not apply to electric substations, transmission, and distribution facilities.
(4) 
A water-based cooling system associated with a data center shall be evaluated to determine whether existing public water and sanitary sewer conveyance and treatment facilities are adequate for the proposed use; and whether there is sufficient water capacity available to supply the proposed use.
E. 
Hospital. A hospital shall comply with the following standards:
(1) 
Be located on a site or parcel with an area of at least five acres;
(2) 
Be located on a parcel that fronts or has direct access to a major arterial or collector street;
(3) 
Locate the emergency vehicle entrance on a major arterial or collector street;
(4) 
Not locate an emergency vehicle entrance in an area across the street from a residential zoning district;
(5) 
Ensure that principal structures are located at least 100 feet from any lot line.
F. 
Schools, elementary/middle/high. Any temporary structures needed for the expansion of an elementary, middle, or high school located within the residential districts, and on a site or parcel with an area of 20 acres or less, shall comply with the following requirements:
(1) 
Not be located between the principal building and any abutting right-of-way, unless there is no other practical alternative due to topography, the presence of utilities or easements, the existence of undisturbed open space and buffers, or other site features beyond the landowner's control; and
(2) 
Have the base of the structure screened from view from abutting properties and public streets.
G. 
Solar array. Solar arrays shall be configured to avoid glare and heat transference to adjacent lands.

72-41.3 Commercial uses.

A. 
Adult uses.
(1) 
An adult store or adult entertainment establishment shall be located at least 600 feet from the following uses and zoning districts located within the City corporate limits or within a neighboring jurisdiction: any religious institution, primary or secondary school (public or private), public park, playground, athletic field or related use; community building; day-care center; single-family residence, duplex, attached single-family, multifamily residence or an R Residential Zoning District, a Planned Development-Residential District, or Planned Development Mixed-Use District. This distance shall be measured from the principal entrance of the adult store or adult entertainment establishment to the closest property line of the protected use or the residential zoning district boundary.
(2) 
An adult store or adult entertainment establishment shall be located at least 1,000 feet from any other adult store or adult entertainment establishment in existence on the date on which the adult entertainment establishment obtains its zoning permit. This distance shall be measured from the property line of one business to the property line of the other.
(3) 
The street elevation of the principal structure of an adult store or adult entertainment establishment shall have at least one street-oriented entrance, and contain the principal windows of the adult store or adult entertainment establishment.
(4) 
No adult store or adult entertainment establishment shall display adult media, depictions of specified sexual activities or specified anatomical areas, sexually oriented goods or depictions of sexually oriented goods, in its window, in a manner visible (by normal unaided vision) from the street, highway, public sidewalk, or the property of others. Window areas shall remain transparent and shall not be made opaque.
(5) 
An adult entertainment establishment shall not open to the public for business before 11:00 a.m. Hours of operation shall not extend after midnight. Any video-viewing booth or arcade booth shall be constructed so that the viewing area is visible from a continuous main aisle. The viewing area shall not be obscured by any curtain, door, wall, or other enclosure.
B. 
Animal care uses. Animal shelters, kennels (indoor and outdoor), and veterinary clinics shall comply with the following standards:
(1) 
The animal care use shall be sufficiently insulated so no noise or odor can be detected off the premises.
(2) 
Any open runs or pens used to house animals shall be located at least 75 feet from any lot line.
(3) 
Accessory uses to a kennel or veterinary clinic may include retail sales and grooming services, as long as the accessory uses do not occupy more than 25% of the total gross floor area of the principal building.
C. 
Arenas and stadiums. Arenas and stadiums shall comply with the following standards:
(1) 
Arenas and stadiums shall be located at least 1,000 feet from single-family residential zoning districts.
(2) 
Stadiums shall be located on a site or parcel with an area of at least five acres.
(3) 
Arenas and stadiums shall be located on a site or parcel that, at the primary point of access, has at least 200 feet of frontage on a collector street.
(4) 
Arenas and stadiums shall locate access points to minimize traffic to and through local streets in residential neighborhoods.
D. 
Automotive sales and rentals, small and large scale. Uses primarily involving the sales or rental of automobiles, trucks, travel trailers, or recreational vehicles shall comply with the following standards:
[Amended 7-9-2019 by Ord. No. 19-25]
(1) 
No vehicle or equipment displays shall be located within a required setback or perimeter buffer.
(2) 
The use shall not have more than one vehicle display pad for every 100 feet of street frontage. The vehicle display pad may be elevated up to two feet above adjacent displays or grade level.
(3) 
No vehicles or other similar items shall be displayed on the top of a building.
(4) 
All lights and lighting shall be designed and arranged so no source of light is directly visible from any residential district or existing residential use.
(5) 
No other materials for sale shall be displayed between the principal structure and the street it faces.
(6) 
On a multiuse parcel, the size of the area of the premises of an automobile sales and rental use shall include only that area principally devoted to the automobile sales and rental use, including required setbacks or perimeter buffers, vehicle display areas, and any buildings, portions of buildings, or structures in which the use is carried out.
E. 
Automotive service. Automotive repair and service uses not involving painting or bodywork service shall comply with the following standards:
(1) 
The use shall be designed to ensure proper functioning of the site as related to vehicle stacking, circulation, and turning movements.
(2) 
Repair of all vehicles shall occur within an enclosed building. Temporary outdoor vehicle storage may be allowed in an outdoor storage area. To the maximum extent practicable, outdoor vehicle storage shall be located behind or to the side of the principal structure, and screened with a wooden fence or masonry wall, in accordance with § 72-56, Fences and walls.
(3) 
The use shall provide adequate, enclosed trash storage facilities on the site.
(4) 
If gasoline is sold on-site, the use shall also comply with the standards for a gasoline sales use in § 72-41.3, Gasoline sales.
(5) 
Vehicles shall not be parked or stored as a source of parts.
(6) 
Vehicles that are repaired and are awaiting removal shall not be stored or parked for more than 30 consecutive days. In cases where a vehicle is abandoned by its lawful owner before or during the repair process, the vehicle may remain on site as long as is necessary after the thirty-day period, provided the owner or operator of the establishment demonstrates steps have been taken to remove the vehicle from the premises using the appropriate legal means.
(7) 
No other material for sale shall be displayed between the principal structure and the street it faces.
F. 
Bed-and-breakfast inn. Bed-and-breakfast inns shall comply with the following standards:
[Amended 8-22-2017 by Ord. No. 17-19; 11-14-2017 by Ord. No. 17-22]
(1) 
Operated in a principal building and not in any accessory building or structure.
(2) 
The front yard of an inn shall not be used for parking. If parking cannot be provided on the site, it must be provided within 500 feet of the site.
(3) 
A maximum of five guest rooms shall be allowed, with not more than 10 occupants.
(4) 
The facility shall be managed by an individual who resides on the premises.
(5) 
There shall be no more than one kitchen.
(6) 
Receptions and other such functions, for compensation, shall require approval of a special use permit.
G. 
Convenience stores, with gasoline sales. Convenience stores with gasoline sales shall comply with the standards for gas sales uses in § 72-41.3, Gasoline sales.
H. 
Convenience stores, without gasoline sales. Convenience stores without gasoline sales uses are permitted as a special use in the R-4 and R-8 Districts in accordance with § 72-22.6, Special use permits, provided:
(1) 
The use complies with the design standards in § 72-34.7, Neighborhood Commercial Overlay District.
I. 
Funeral homes. Funeral homes shall comply with the following standards:
(1) 
The funeral home shall have its principal frontage, access, and orientation directly on an arterial street.
(2) 
The funeral home shall have a buffer between it and any residentially-zoned property abutting or directly across the street from the funeral home site, as specified in Table 72-55.4C of this chapter.
(3) 
On-premises signage shall be oriented toward the arterial street that provides access to the site.
(4) 
All structures shall be located so as not to require access from an interior residential street.
J. 
Gasoline sales. Uses that include the retail sales of gasoline and other automotive fuels shall comply with the following standards:
(1) 
If the gasoline sales use is located on a corner lot, the lot shall have an area of at least 30,000 square feet and a frontage of at least 125 feet on each street side. In all other cases, the lot shall have an area of at least 15,000 square feet and a lot width of at least 150 feet.
(2) 
The gasoline sales use shall have no more than two vehicular access points. Access points shall be located at least 75 feet from each other, at least 50 feet from any intersecting street right-of-ways, and at least 15 feet from any other lot line.
(3) 
Vehicular access points shall be no more than 40 feet wide.
(4) 
The gasoline sales use shall be designed to ensure safe and adequate vehicle stacking, circulation, and turning movements.
(5) 
Trash containers shall be fully screened by a wall that is constructed of the same material and is of the same color as the principal structure. Trash containers shall be located so as to minimize view from off-site areas.
K. 
Historic dependency limited office/retail. A historic dependency limited office/retail use shall comply with the following standards:
(1) 
The structure housing a historic dependency lodging use shall have been built as a detached dependency (e.g., kitchen, laundry, servant quarters) to a residential use.
(2) 
The detached dependency structure shall have been previously used for commercial, office, or retail purposes.
(3) 
The detached dependency structure shall have been constructed prior to 1865.
(4) 
The dependency shall be located on a lot in or adjacent to the C-D District.
L. 
Historic dependency lodging. A historic dependency lodging use shall comply with the following standards:
(1) 
The structure housing a historic dependency lodging use shall have been built as a detached dependency (e.g., kitchen, laundry, servant quarters) to a residential use.
(2) 
The detached dependency structure shall have been constructed prior to 1865.
(3) 
Each lodging unit shall be served by at least one off-street parking space.
M. 
Hotel, extended-stay. The individual units must have a valid certificate of occupancy issued by the Building Official indicating that they have all required dwelling unit features specified for an R-2 structure, as defined in the International Building Code.
N. 
Local or regional brewery, distillery, or winery. A local or regional brewery, distillery, or winery shall comply with the following standards:
[Added 1-10-2017 by Ord. No. 16-29[1]; 9-13-2022 by Ord. No. 22-18]
(1) 
A copy of the current Virginia ABC license shall be kept on file with the Zoning Administrator.
(2) 
No outdoor storage is permitted; however, a brewery may temporarily store grain in a container in a cubic foot area in accordance with the following:
(a) 
The storage shall be approved on a minor site plan.
(b) 
The storage shall not be between the building and any public right-of-way.
(c) 
The storage area shall be collocated with a loading dock where applicable.
(3) 
No outdoor events are permitted on site without an approved minor site plan, which shall show the event date, time and location; frequency; improvements; outdoor amplification systems; food trucks; and maximum occupancy, in addition to other information required for an evaluation of the minor site plan.
(4) 
The location of any loading dock is subject to approval by City Council or the Zoning Administrator, as appropriate.
(5) 
In considering a special use application, the City Council may consider whether the establishment of the use results in the rehabilitation or reuse of an existing industrial or commercial building, and whether existing public water and sanitary sewer conveyance and treatment facilities are adequate for the proposed use.
(6) 
This use may be permitted by-right in a Planned Development-Mixed Use District that is 50 acres or larger; it shall require a special use permit in any Planned Development-Mixed Use District smaller than 50 acres.
[1]
Editor's Note: This ordinance originally adopted this subsection as Subsection I. It and subsequent subsections were redesignated in order to maintain the alphabetical organization of the uses.
O. 
Marinas. Marinas shall comply with the following standards:
(1) 
No marina shall be established on a lot less than one acre in size.
(2) 
Each lot containing a marina shall have a minimum lot frontage of 200 linear feet.
(3) 
Exterior lighting shall comply with the standards in § 72-58, Exterior lighting, and shall be directed and shielded so as to avoid glare on adjacent residential uses including residential uses across the body of water serving the marina.
(4) 
Dry stacking of boats outside enclosed structures shall be prohibited.
P. 
Medical and dental offices. Medical and dental offices are permitted as a special use in the R-4 and R-8 Districts in accordance with § 72-22.6, Special use permits, provided:
(1) 
The lot or site is designated on the City's Zoning Map entitled "Neighborhood-Oriented Commercial Uses Permitted with special use permit" on file in the Planning Department; and
(2) 
The use complies with the design standards for nonresidential uses in § 72-31.3, R-4 Residential District, or § 72-31.4, R-8 Residential District, as appropriate.
Q. 
Microbrewery. A microbrewery shall comply with the following standards:
[Added 1-10-2017 by Ord. No. 16-29]
(1) 
A copy of the current Virginia ABC license shall be kept on file with the Zoning Administrator.
(2) 
No outdoor storage is permitted, however, a brewery may temporarily store grain in a container in a cubic foot area in accordance with the following:
(a) 
The storage shall be approved on a minor site plan.
(b) 
The storage shall not be between the building and any public right-of-way.
(c) 
The storage area shall be collocated with a loading dock where applicable.
(3) 
No outdoor events are permitted on the premises without an approved minor site plan, which shall show the event date, time and location; frequency; improvements; outdoor amplification systems; food trucks; and maximum occupancy, in addition to other information required for an evaluation of the minor site plan.
R. 
Parking garage. A commercial parking garage shall comply with the following standards:
(1) 
Parking shall be the principal use of the parking structure, but retail sales and service and office establishments may be located on the ground floor of the structure.
(2) 
Parking spaces may be rented for parking, but no other business of any kind shall be conducted in the structure, including repair service, washing, display, or storage of vehicles or other goods.
(3) 
A commercial parking structure shall not be located contiguous to an R-2 or R-4 Zoning District.
[Amended 2-11-2014 by Ord. No. 14-07]
S. 
Personal services. Personal service uses are permitted as a special use in the R-4 and R-8 Districts in accordance with § 72.22.6, Special use permits, provided:
(1) 
The use complies with the design standards in § 72-34.7, Neighborhood Commercial Overlay District.
T. 
Regional breweries, wineries, and distilleries.
[Added 1-10-2017 by Ord. No. 16-29]
(1) 
A copy of the current Virginia ABC license shall be kept on file with the Zoning Administrator.
(2) 
Outdoor storage shall conform to the standards for outdoor storage as a principal use.
(3) 
No outdoor events are permitted on site without an approved minor site plan, which shall show the event date, time and location; frequency; improvements; outdoor amplification systems; food trucks; and maximum occupancy, in addition to other information required for an evaluation of the minor site plan.
(4) 
In considering a special use application, the City Council shall consider the proposed location of a loading dock, and whether existing public water and sanitary sewer conveyance and treatment facilities are adequate for the proposed use.
U. 
Repair services. Repair services of up to 1,000 square feet in floor area are permitted as a special use in the R-4 and R-8 districts in accordance with § 72-22.6, Special use permits, provided:
(1) 
The lot or site is designated on the City's Zoning Map entitled "Neighborhood-Oriented Commercial Uses Permitted with special use permit" on file in the Planning Department; and
(2) 
The use complies with the design standards for nonresidential uses in § 72-31.3, R-4 Residential District, or § 72-31.4, R-8 Residential District, as appropriate.
V. 
Restaurants with indoor or outdoor seating.
(1) 
Generally. Restaurants having outdoor seating shall comply with the following standards:
(a) 
Except in the PDC District, the outdoor portions of the restaurant shall not operate after 10:00 p.m. in the C-T District or after 12:00 midnight in all other districts, where allowed.
(b) 
The outdoor seating area shall not obstruct the movement of pedestrians along sidewalks or through areas intended for public use.
(c) 
The outdoor seating area shall provide handicapped access.
(2) 
In the R-4 and R-8 Districts. Restaurants with indoor or outdoor seating are permitted as a special use in the R-4 and R-8 Districts in accordance with § 72-22.6, Special use permits, provided:
(a) 
The use complies with the design standards in § 72-34.7, Neighborhood Commercial Overlay District.
W. 
Seasonal events. Seasonal events are limited to outdoor concerts and other recurring outdoor events taking place on a vacant lot for no more than seven months in a calendar year. Seasonal events shall be subject to the following standards:
(1) 
The minimum parking requirements in Table 72-53.1C(2) shall be met, but the parking area does not have to meet the parking surface requirements of this chapter.
(2) 
Screening and buffering requirements in § 72-55 are only applicable if the special event is located on a lot adjacent to residential uses.
(3) 
All stormwater management standards in this chapter shall apply to special events.
X. 
Shopping centers. Financial institutions, drive-through uses, fast-food restaurants, and convenience stores shall be permitted by right when developed within the footprint of a shopping center building that includes at least five retail tenants.
Y. 
Tattoo parlor/body piercing establishment. Tattoo parlors and body piercing establishments shall be located at least 500 feet from any residential zoning district.

72-41.4 Light manufacturing.

[Added 6-8-2021 by Ord. No. 21-16[1]]
Light manufacturing uses shall comply with the following standards:
A. 
Such uses shall be wholly confined within an enclosed building.
B. 
Such uses shall not include processing of hazardous gases and chemicals.
C. 
With the Creative Maker District, production activity within such uses shall not emit persistent, repetitive noise between the hours of 8:00 a.m. and 8:00 p.m. in excess of 75 decibels when measured on any adjacent private property.
D. 
Within the Creative Maker District, production activity within such uses shall not emit any sound plainly audible on any adjacent private property outside of those hours.
E. 
Such uses shall not emit plainly discernible vibration or obnoxious smoke, vapor, fumes or odor on any adjacent property. "Obnoxious" shall be defined as capable of causing detrimental effects to the physical or economic well-being of individuals, animals, or other living organisms.
F. 
A light manufacturing use may be permitted by-right in a Planned Development-Mixed Use District that is 50 acres or larger; it shall require a special use permit in any Planned Development-Mixed Use District smaller than 50 acres.
[Added 9-13-2022 by Ord. No. 22-18]
[1]
Editor's Note: This ordinance also redesignated former §§ 72-41.4 and 72-41.5 as §§ 72-41.5 and 72-41.6, respectively.

72-41.5 Industrial uses.

A. 
Industrial services. All industrial services uses shall comply with the following standards:
(1) 
Repair of all machines shall occur within an enclosed building.
(2) 
Temporary outdoor storage may be allowed in an outdoor storage area that is no larger than 25% of the buildable area of the lot, located behind or to the side of the principal structure, and screened with a wooden fence or masonry wall in accordance with § 72-56, Fences and walls.
(3) 
The height of materials and equipment stored shall not exceed the height of the screening fence or wall.
(4) 
Industrial services uses may be permitted by-right in a Planned Development-Mixed Use District that is 50 acres or larger; they shall require a special use permit in any Planned Development-Mixed Use District smaller than 50 acres.
[Added 9-13-2022 by Ord. No. 22-18]
B. 
Equipment rental and sales. Uses primarily involving the sales, rental, or storage of heavy equipment shall comply with the following standards:
(1) 
The use shall be located at least 500 feet from any residential district.
(2) 
No heavy equipment displays shall be located within a required setback or perimeter buffer.
(3) 
The use shall not have more than one heavy equipment display pad for every 100 feet of street frontage.
(4) 
No heavy equipment shall be displayed on the top of a building.
(5) 
All lights and lighting shall be designed and arranged so no source of light is directly visible from any residential district or existing residential use.
C. 
Manufacturing, heavy. Heavy manufacturing uses shall comply with the following standards:
(1) 
The use shall be located at least 500 feet from any residential district, school, or day-care center.
(2) 
The use shall locate outdoor storage areas to the rear of the principal structure and be screened with a wooden fence or masonry wall no less than eight feet in height in accordance with § 72-56, Fences and walls.
(3) 
The height of materials and equipment stored shall not exceed the height of the screening fence or wall.
(4) 
The use shall be designed to ensure proper functioning of the on-site transportation circulation system.
(5) 
The use shall have direct access onto an arterial or major collector street.
D. 
Outdoor storage as a principal use. Outdoor storage as a principal use shall comply with the following standards:
(1) 
Lots used for outdoor storage shall be fully enclosed with a fence or masonry wall no less than eight feet high and landscaped (as appropriate), in accordance with § 72-56, Fences and walls.
(2) 
The height of materials and equipment stored shall not exceed the height of the screening fence or wall.
(3) 
Customers and vehicles shall be allowed to circulate through the area used for outdoor storage.
(4) 
Outdoor storage uses may be permitted by-right in a Planned Development-Mixed Use District that is 50 acres or larger; they shall require a special use permit in any Planned Development-Mixed Use District smaller than 50 acres.
[Added 9-13-2022 by Ord. No. 22-18]
E. 
Recycling center. A recycling center shall comply with the following standards:
(1) 
The center shall be on a parcel with an area of at least five acres.
(2) 
The center shall be located at least 250 feet from any residential district, school, or day care.
(3) 
Except for a freestanding office, no part of the center shall be located within 50 feet of any lot line.
(4) 
All recycling activities and storage areas shall be effectively screened from view by walls, fences, or buildings. Such screening shall be designed and installed to ensure that no part of recycling activities or a storage area can be seen from rights-of-way or adjacent lots. In no case shall the height of recyclable or recovered materials, or non-recyclable residue stored in outdoor areas exceed 20 feet or the height of the principal building on the lot, whichever is greater.
(5) 
All outdoor storage areas shall be surrounded by a solid fence or wall that is at least eight feet high.
(6) 
Recyclable materials shall be contained within a leak-proof bin or trailer, and not stored on the ground.
(7) 
There shall be no collection or storage of hazardous or biodegradable wastes on the site.
(8) 
Space shall be provided to park each commercial vehicle operated by the center.
(9) 
If the center is located within 500 feet of property in a residential zoning district or developed for residential use, it shall not be in operation between the hours of 7:00 p.m. and 7:00 a.m. The facility shall be administered by on-site persons during the hours the facility is open.
(10) 
The site shall be maintained free of fluids, odors, litter, rubbish, and any other non-recyclable materials. The site shall be cleaned of debris on a daily basis and shall be secured from unauthorized entry and removal of materials when attendants are not present.
(11) 
Signage shall include the name and phone number of the facility operator and indicate any materials not accepted by the center.
(12) 
Access to the center shall be from a collector or arterial street.
(13) 
No dust, fumes, smoke, vibration or odor above ambient level shall be detectable on abutting properties.
F. 
Warehouse (distribution or storage).
(1) 
Warehouses (distribution or storage) shall comply with the following standards:
(a) 
The use shall not locate storage areas within a required yard or perimeter buffer;
(b) 
The use shall locate outdoor storage areas to the rear of the principal structure and screen them with a wooden fence or masonry wall no less than eight feet in height in accordance with § 72-56, Fences and walls.
(c) 
The use shall be designed to ensure proper functioning of the site as related to vehicle stacking, circulation, and turning movements.
(d) 
The use shall have direct access onto an arterial or major collector street.
(e) 
Retail sales are permitted, subject to a special use permit, within a warehouse use in the Light Industrial (I-1) and General Industrial (I-2) Districts, provided 60% or more of the gross floor area is devoted to warehouse use.
(2) 
Warehouse uses in the C-D District shall not include any outdoor storage.
(3) 
Warehouse uses may be permitted by-right in a Planned Development-Mixed Use District that is 50 acres or larger; they shall require a special use permit in any Planned Development-Mixed Use District smaller than 50 acres.
[Added 9-13-2022 by Ord. No. 22-18]
G. 
Wholesale sales.
[Amended 9-13-2022 by Ord. No. 22-18]
(1) 
Any outdoor storage component of a wholesale sales use shall comply with the standards in § 72-41.4, Outdoor storage as a principal use.
(2) 
Wholesale sales uses may be permitted by-right in a Planned Development-Mixed Use District that is 50 acres or larger; they shall require a special use permit in any Planned Development-Mixed Use District smaller than 50 acres.
H. 
Prohibited uses; Light Intensity Industrial and Creative Maker Districts. The following uses are prohibited in the I-1 and CM Districts, notwithstanding any provisions of Article 72-4, §§ 72-41.4 and 72-42:
[Amended 6-8-2021 by Ord. No. 21-16]
(1) 
Abattoirs;
(2) 
Ammonia or chlorine manufacturing facilities;
(3) 
Asphalt mixing plants;
(4) 
Blast furnaces;
(5) 
Boiler works;
(6) 
Bulk storage facilities for flammable materials;
(7) 
Concrete mixing and batching product facilities;
(8) 
Fertilizer, lime or cement manufacturing facilities;
(9) 
Fireworks or explosives manufacturing plants;
(10) 
Garbage incinerators;
(11) 
Junkyards;
(12) 
Rendering plants;
(13) 
Metal foundries and smelting plants;
(14) 
Soap manufacturing plants larger than 10,000 square feet;
(15) 
Petroleum, asphalt or related product refineries;
(16) 
Landfills;
(17) 
Coal, wood or wood distillation plants;
(18) 
Quarries and other facilities for the extraction and mining of rocks and minerals;
(19) 
Stockyards;
(20) 
Acid manufacturing facilities; and
(21) 
Tanneries.
I. 
Prohibited uses; general industrial district. The following uses shall be prohibited in the I-2 District, notwithstanding any provisions of Article 72-4, §§ 72-41.4 and 72-42:
(1) 
Acid manufacturing facilities;
(2) 
Ammonia or chlorine manufacturing facilities;
(3) 
Blast furnaces;
(4) 
Boiler works;
(5) 
Fertilizer, lime or cement manufacturing facilities;
(6) 
Fireworks or explosives manufacturing plants;
(7) 
Junkyards;
(8) 
Landfills;
(9) 
Petroleum, asphalt or related product refineries;
(10) 
Quarries and other facilities for the extraction and mining of mineral resources;
(11) 
Rendering plants; and
(12) 
Soap manufacturing plants.

72-41.6 Utility uses.

[Added 10-24-2017 by Ord. No. 17-27]
A. 
Small cell facility, co-location. The co-location of a small cell facility shall be approved administratively unless it is disapproved for one or more of the following reasons:
(1) 
Material potential interference with other preexisting communications facilities, or 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) 
The public safety or other critical public service needs;
(3) 
Only in the case of an installation on or in City-owned property, aesthetic impact, or the absence of all necessary approvals from all necessary departments, authorities, and agencies with jurisdiction of such property;
(4) 
Conflict with the HFD district regulations on an historic property that does not qualify for the review process established under 16 U.S.C. § 470(w)(5).
(5) 
Any permitted telecommunications facility shall be disassembled and removed within 12 months after it ceases operation.
B. 
Telecommunications facility, tower.
(1) 
Permitted locations; permit required.
(a) 
No new telecommunications tower shall be constructed, erected, or relocated within the City except in those zoning districts where permitted, or on City-owned property where specifically authorized by the City Council.
(b) 
A new telecommunications tower that conforms to the maximum height standards of the zoning district in which it is to be placed is permitted as a by-right use if it conforms to the remaining use standards of this subsection. It does not require Comprehensive Plan review. A new telecommunications tower that exceeds the maximum height standards of the zoning district in which it is to be placed is permitted only by special use permit.
(c) 
For purposes of this subsection, the term "altered" shall not include the placement or alteration of antennas.
(2) 
Application for permit.
(a) 
Applications for permits required under this section shall be filed with the Zoning Administrator and shall include documentation that all standards set forth in this section have been met. All applications shall include scale drawings and profiles of the proposed facilities, photographs of similar facilities, and any additional technical information that the Zoning Administrator reasonably determines is necessary.
(b) 
All applications shall be submitted for review and consideration by appropriate federal and/or state agencies as to heights that constitute a hazard to the safe operation of aircraft.
(c) 
Prior to Planning Commission consideration of a special use permit application under this section or prior to the City Council's consideration of a request to use City-owned property for a telecommunications tower, the Zoning Administrator shall forward such application to the Planning Commission for review as being in conformance with the City's Comprehensive Plan, pursuant to Code of Virginia § 15.2-2232.
(d) 
Compliance with the structural steel standards of this section shall be verified by an engineer's certification or approved by the City's Building Official.
(3) 
Inspection; removal of unused towers.
(a) 
All telecommunications towers shall be subject to periodic inspection by the City's Building Official.
(b) 
All telecommunications towers constructed or located within the City but no longer in use shall be disassembled and removed within 12 months after such facility ceases operation.
(4) 
Standards of review. No telecommunications tower or accessory structure shall be constructed, altered, expanded, or relocated within the City unless approved by the City Council as being in compliance with the following standards:
(a) 
A new telecommunications tower shall only be approved upon a showing of reasonable proof by the applicant that:
[1] 
Adequate space is not currently available on existing towers, poles, buildings, public facilities, or other structures within the City for locating the proposed antennas and related telecommunications equipment that meets the engineering and service needs of the applicant;
[2] 
The proposed tower will be designed and constructed to accommodate the collocation of the maximum feasible number of antennas that could be owned or used by other telecommunications service providers; and
[3] 
The proposed tower will not exceed 199 feet in height.
(b) 
All telecommunications towers, accessory structures, and related equipment shall be located on sites in such a manner so as to minimize the view of such facilities from residential areas and the public way. Such facilities shall be screened by vegetation, tree cover, topographic conditions, buildings, and other structures to the maximum extent feasible.
(c) 
All telecommunications towers shall either:
[1] 
Be located on parcels of sufficient size to accommodate a fall line easement or similar restriction of not less than a circle equal in radius to the height of the tower. Such easement or restriction shall be recorded as a condition of the special use permit. No structure, other than the tower itself or related equipment buildings, shall be permitted within the fall line easement or restriction; or
[2] 
Be installed in conformance with ANSI/EIA/TIA-222, Structural Steel Standards for Steel Antenna Towers and Antenna Supporting Structures, as amended or superseded.
(d) 
All telecommunications towers shall be set back at least two feet for every foot in height of such tower from the lot lines of every existing adjacent residential property, except that such setback may be reduced to one foot for every foot in height of such tower if agreed to by the adjacent property owners.
(e) 
All telecommunications towers and related facilities shall be located, designed, and constructed in a manner that does not detract from or impair historically significant structures, landmarks, or vistas.
(f) 
Telecommunications transmissions from such facilities shall not interfere with existing or proposed City telecommunications facilities.
(g) 
No signals or lights or illumination shall be permitted on any telecommunications tower unless required by the Federal Communications Commission, the City, or any other governmental agency with jurisdiction.
(h) 
No commercial or other advertising shall be allowed on any telecommunications tower.
(i) 
Satellite dish and microwave dish antennas attached to telecommunications towers or accessory structures shall not exceed six feet in diameter.
(j) 
Unless otherwise required by the Federal Communications Commission or other state or federal agency, telecommunications towers shall either be designed with a galvanized finish, be painted a silver or gray color, or utilize a similar finish, or include features that will camouflage or render the tower as unobtrusive as possible.
(k) 
City Council's decision on an application for a telecommunications facility shall comply with applicable requirements of the Federal Telecommunications Act of 1996.
C. 
Utility, major. An electrical power facility, substation, or transmission station shall be set back at least 100 feet from all lot lines.

72-42.1 Purpose.

This section authorizes the establishment of accessory uses that are incidental and customarily subordinate to principal uses. The purpose of this section is to allow a broad range of accessory uses, so long as such uses are located on the same site as the principal use, and so long as they comply with the standards set forth in this section in order to reduce potentially adverse impacts on surrounding lands.

72-42.2 General standards and limitations.

A. 
Compliance with requirements of this chapter. Except as otherwise specifically provided in this chapter, accessory uses are permitted for an in connection with any use that is allowed by right or by special use permit. All accessory uses and accessory structures shall conform to the applicable requirements of this chapter, including Article 72-3, Zoning Districts; Article 72-4, Use Standards; and Article 72-5, Development Standards. The provisions of this section establish additional standards and restrictions for particular accessory uses and structures.
B. 
General standards. All accessory uses and accessory structures shall meet the following standards:
(1) 
Directly serve the principal use or structure;
(2) 
Be customarily accessory and clearly incidental and subordinate to the principal use and structure;
(3) 
Not exceed the greater of 25% of the heated floor or buildable area of the principal use, except where otherwise allowed by this chapter. An in-ground pool is exempt from this requirement and is not counted in the total area of accessory uses or structures.
[Amended 2-11-2020 by Ord. No. 20-02]
(4) 
Be owned or operated by the same person as the principal use or structure;
(5) 
Together with the principal use or structure, not violate the bulk, density, parking, landscaping, or open space standards of this chapter; and
(6) 
Not constitute a combination use, which is the combination of two principal uses (combination uses will not meet the above standards in terms of being subordinate or providing service to the principal use).
(7) 
No accessory use shall be located on a lot prior to development of an associated principal use.
(8) 
An accessory use or structure may be approved in conjunction with or subsequent to approval of the principal use or structure.

72-42.3 Location of accessory uses or structures.

[Amended 1-10-2017 by Ord. No. 16-28]
A. 
No accessory use or structure shall occupy more than 30% of the rear yard. The area occupied by an in-ground pool is not counted in calculating the area of occupation.
[Amended 2-11-2020 by Ord. No. 20-02]
B. 
No accessory structure except a fence shall be located in any front yard. No accessory structure requiring a building permit shall be closer to a front lot line than the principal structure.
C. 
No accessory use or structure shall be closer than five feet to a side or rear lot line, except that if the principal structure has a setback of less than five feet, then the setback of an accessory structure may be the same as exists for the principal structure. No accessory use or structure requiring a building permit within the R-2, R4, or R-8 zoning districts shall be closer than five feet to the principal structure.
[Amended 2-11-2020 by Ord. No. 20-02]
D. 
No accessory structure shall be located within any platted or recorded easement or over any known utility unless written authorization is provided from the easement holder or the City, as appropriate.
E. 
An accessory structure may be located within a secondary front yard of a through lot, provided:
(1) 
The lot is zoned with a nonresidential, mixed-use, or planned development district designation;
(2) 
The lot across the street from the secondary front yard has a nonresidential, mixed-use, or planned development district designation;
(3) 
The accessory structure does not exceed 12 feet in height, or one story, whichever is less;
(4) 
The accessory structure setback is at least five feet from the secondary front lot line; and
(5) 
The area between the accessory structure and adjacent street includes landscaping that is capable of screening the structure when it is mature.

72-42.4 Maximum height.

[Amended 2-11-2020 by Ord. No. 20-02]
No accessory structure shall exceed 25 feet in height, or 12 feet in height if located in a side or rear yard.

72-42.5 Table of Common Accessory Uses.

[Amended 2-11-2014 by Ord. No. 14-07; 8-22-2017 by Ord. No. 17-19; 9-8-2020 by Ord. No. 20-17]
A. 
Table as guide. Table 72-42.5, Table of Common Accessory Uses, is established as a guide to identify the appropriateness of the more common accessory uses in each zoning district.
(1) 
If a specific accessory use is permitted by-right, the cell underneath the zoning district is marked with a "P."
(2) 
If a specific accessory use is allowed subject to a special use permit, the cell underneath the zoning district is marked with an "S."
(3) 
If the accessory use or structure is not allowed in a zoning district, the cell is blank.
(4) 
Each use listed in the table has additional specific requirements in § 72-42.6, Specific standards for certain accessory uses.
B. 
Interpretation of unidentified accessory uses. The Zoning Administrator shall evaluate potential accessory uses that are not identified in Table 72-42.5, Table of Common Accessory Uses, on a case-by-case basis, as an Interpretation. In making the interpretation, the Zoning Administrator shall apply the following standards.
(1) 
The definition of "accessory use" (see Article 72-8, Definitions and Interpretations), and the general accessory use standards established in § 72-42.2, General standards and limitations.
(2) 
The additional regulations for specific accessory uses established in § 72-42.6, Specific standards for certain accessory uses.
(3) 
The purpose and intent of the zoning district in which the accessory use is located (see Article 72-3, Zoning Districts).
(4) 
Any potential adverse impacts the accessory use may have on other lands in the area, compared with other accessory uses permitted in the zoning district.
(5) 
The compatibility of the accessory use, including the structure in which it is housed, with other principal and accessory uses permitted in the zoning district.
Table 72-42.5: Table of Common Accessory Uses
P = Allowed by Right
S = Special Use Permit Required
Blank Cell = Prohibited
Accessory Use
Zoning District
R-2
R-4
R-8
R-12
R-16
R-30
C-T
C-D
C-SC
C-H
I-1
I-2
PD-R
PD-C
PD-MU
PD-MC
CM T-4M
CM T-5M
Amateur radio antennas
P
P
P
P
P
P
P
P
•
•
•
•
P
P
•
•
P
P
Cemetery
S
S
S
S
S
S
•
S
•
S
S
•
•
•
•
•
•
•
Drive-through
•
•
•
•
•
•
S
S
P
P
P
•
•
P
P
S
S
P
Home occupation
P
P
P
P
P
P
P
P
•
•
•
•
P
•
P
•
P
P
Homestay
P
P
P
P
P
P
P
P
P
P
•
•
P
P
P
P
P
P
Outdoor display and sales
•
•
•
•
•
S
P
P
P
P
S
•
•
P
P
•
P
P
Outdoor storage (as an accessory use)
•
•
•
•
•
•
S
S
P
P
P
P
•
P
S
S
S
P
Parking of heavy trucks, trailers, major recreational equipment, etc.
•
•
•
•
•
•
•
•
•
•
P
P
•
•
•
•
•
•
Satellite dishes
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Solar energy equipment
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Temporary family health care structure
P
P
P
•
•
•
•
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72-42.6 Specific standards for certain accessory uses.

A. 
Amateur radio antennas.
(1) 
Amateur radio antennas shall not exceed 75 feet above ground level.
(2) 
Reasonable and customary engineering practices shall be followed in the erection of amateur radio antennas.
(3) 
Support structures related to an amateur radio antenna shall be located to be consistent with § 72-42.3 of this chapter.
B. 
Cemetery, family or religious institution. Family cemeteries and cemeteries accessory to a religious institution are permitted in accordance with the following standards:
(1) 
Lots including a cemetery shall be a minimum of two acres in size, but the cemetery site itself has no minimum area requirement.
(2) 
The following uses and shall be included in the approval of a cemetery without further zoning approval being required:
(a) 
All uses necessarily or customarily associated with interment of human remains.
(b) 
Benches;
(c) 
Ledges and walls;
(d) 
Graves;
(e) 
Roads and paths;
(f) 
Landscaping and soil storage, consistent with federal, state, and local laws on erosion sediment control.
(3) 
Table 72-47.6B, Cemetery Dimensional Requirements, sets out the dimensional requirements for cemeteries.
Table 72-42.6B: Cemetery Dimensional Requirements
Requirement
Standard
(feet)
Minimum street frontage
125
Burial plot setback from local streets
20
Burial plot setback from major arterial streets
50
Burial plot setback from side lot line
15
Burial plot setback from rear lot line
25
Burial plot setback from potable water well
50
Burial plot setback from wetland/water body
75
(a) 
The property owner shall provide a road or path for the purpose of access to and from the cemetery.
(b) 
The cemetery shall not be owned or operated as a business for profit.
(c) 
The site plan as approved by the Development Administrator showing the location of and access to the cemetery shall be recorded with the Clerk of Circuit Court as an addendum to the deed for the subject property.
C. 
Drive-through.
(1) 
Drive-through facilities shall be located at least 100 feet from any detached single-family dwelling or single-family residential zoning district.
(2) 
Outdoor speakers associated with a drive-through shall be at least 50 feet from any lot line and shall not be audible beyond the lot line.
(3) 
Drive-through facilities shall not be located on the front facade of the building they serve.
(4) 
Drive-through facilities shall be designed so as not to obstruct the movement of pedestrians along sidewalks, through areas intended for public use, or between the building entrance and customer parking spaces.
(5) 
Canopies or other features installed over a drive through window shall maintain common roof and lines and materials with the principal structure.
D. 
Home occupation. Home occupations shall be permitted in any dwelling unit, subject to the approval of the Zoning Administrator and the following:
(1) 
Permitted home occupations shall include, but not be limited to, the following:
(a) 
Offices.
(b) 
Electronic and off-site retail.
(c) 
Personal services such as physical therapy by licensed individuals.
(d) 
Pet grooming.
(e) 
Artists and sculptors.
(f) 
Authors and composers.
(g) 
Tailors, dressmakers and seamstresses.
(h) 
Home crafts, such as model making, rug weaving, lapidary work, and ceramics.
(i) 
Schools of special education, e.g., music, art.
(2) 
Home occupations shall not include the following:
(a) 
Antique shops.
(b) 
Barbershops and beauty parlors.
(c) 
Nursing or convalescent homes.
(d) 
Massage parlors and similar establishments.
(e) 
Eating establishments.
(f) 
Gift shops.
(g) 
Repair services and personal service establishments, except as otherwise permitted by this chapter.
(h) 
Riding and boarding stables or kennels.
(i) 
Veterinary hospitals.
(j) 
Private clubs.
(k) 
Nursery schools and day care centers.
(l) 
Clinics and hospitals.
(m) 
Auto, small engine, and similar repair shops.
(n) 
Dentists or physician offices.
(o) 
Any licensed or unlicensed practitioner who performs invasive procedures (acupuncture, tattooing, body piercing, etc.)
(p) 
Bars and social clubs.
(q) 
Any other business that is clearly inappropriate or out of character for a residential area such that its location constitutes an adverse impact on neighboring residential properties.
(3) 
Home occupations shall be subject to all use limitations applicable in the zoning district in which they are located. In addition, all home occupations shall be subject to the following use limitations:
(a) 
The use of the dwelling unit for a home occupation must be an accessory use.
(b) 
The home occupation must be conducted within the dwelling unit.
(c) 
The home occupation must be conducted by persons whose principal residence is on the premises.
(d) 
No more than one employee who is not a resident of the premises, paid or unpaid, shall be involved in the home occupation.
(e) 
There shall be no evidence on the exterior of the premises or visible from the exterior of the premises that the property is used for any purpose other than a dwelling.
(f) 
No signs shall be permitted.
(g) 
No outside storage, display, or sale of merchandise, equipment or materials shall be permitted.
(h) 
No audible noise, detectable vibration or odor shall extend beyond the confines of the premises, including vertical or horizontal party walls.
(i) 
Classes for students or meetings with clients or customers, including delivery of materials incidental to such activities, shall not exceed five persons per day or more than three persons at any one time; provided, however, that occasional special events associated with such activities, such as graduations or recitals, may be permitted by the Zoning Administrator.
(j) 
No more than 25% of the floor area of the dwelling unit, excluding attached garages, shall be used to conduct the home occupation.
(k) 
No more than 20 square feet of the total floor area of the principal dwelling shall be used for storage of stock in trade. The storage of hazardous materials shall be prohibited.
(l) 
No parking spaces shall be added on the premises for customers, clients, or students of the home occupation. No motor vehicle used by such persons shall be parked at any place on the premises except as shown on the home occupation application filed in accordance with this division.
(m) 
No electrical or mechanical equipment shall be employed other than machinery or equipment customarily used in the home and associated with a hobby or avocation.
E. 
Homestay.
[Added 8-22-2017 by Ord. No. 17-19[1]]
(1) 
The use shall be operated by an operator who resides on the premises.
(2) 
The use shall be operated in the principal dwelling unit, and not in any accessory building or structure.
(3) 
A maximum of two guest bedrooms shall be offered for short-term rental, with not more than a total of four guests at any one time.
(4) 
The homestay use of the property for guest lodging is limited to 90 days per calendar year.
(5) 
There shall be no more than one kitchen in the principal dwelling unit.
(6) 
The use shall not include public assembly uses, such as receptions, weddings, funerals, or other events.
(7) 
The Zoning Administrator shall require the operator to provide and maintain current contact information. The Zoning Administrator may require annual reports from homestay operators to confirm compliance with the criteria in this section. The Zoning Administrator shall provide homestay operators a list of recommended building safety provisions, after consultation with the Building Code Official.
(8) 
Applications for homestays shall require written notice under § 72-21.9.
[1]
Editor's Note: This ordinance also provided for the redesignation of former Subsections E through J as Subsections F through K, respectively.
F. 
Outdoor display and sales. Outdoor display or sales may be allowed as an accessory use for all retail sales and service uses and wholesale sales uses. It is the intent of this chapter to allow the display of merchandise for sale, but not where the display of such items impedes the flow of pedestrian or vehicular traffic, or creates an unsafe condition. The outdoor display/sales of goods shall comply with the following standards:
(1) 
Outdoor display/sales areas shall be depicted upon a site plan (see § 72-26, Site plan).
(2) 
All outdoor display of goods shall be located immediately adjacent to the storefront, or building sides, and not in drive aisles, loading zones, fire lanes, or parking lots.
(3) 
Containers or racks used for display shall be capable of being moved indoors.
(4) 
Outdoor display areas shall be limited to no more than one-half of the length of the store front or building side.
(5) 
In the case of a shopping center, the "storefront" shall include the entire frontage of the shopping center facade, meaning that the total amount of display for all the in-line tenants combined shall not exceed 50% of the aggregate store front length of the shopping center.
(6) 
The area of outdoor display or sales shall not encompass the width of the entrance doors to the establishment as projected straight out from the facility. (For example, if the width of the entrance doors is 10 feet, there shall be at least a ten-foot clearance from the doors as projected straight out and away from the facility.)
(7) 
No goods shall be attached to a building's wall surface.
(8) 
The height of the outdoor display shall not exceed nine feet, except in the case of live or recently cut trees or similar vegetation.
(9) 
The outdoor display area shall take place on an improved surface such as the sidewalk or pavement.
(10) 
At least five feet along the parking lot side of the display shall be maintained free of obstruction to allow for pedestrian and handicap movement, such that handicapped pedestrians and others do not have to enter the parking lot or drive aisle to walk around the display.
(11) 
Outdoor sales shall not include hazardous and flammable materials, such as gasoline, oil, antifreeze, kerosene, poisons, pesticides, and similar items.
(12) 
No additional signage shall be permitted in association with outdoor display areas.
(13) 
Outdoor display of large items (e.g., heavy equipment, vehicles, manufactured homes, prefabricated structures, etc.) shall comply with the standards applied to these activities when they occur as principal uses (see § 72-41, Use-specific standards).
G. 
Outdoor storage (as an accessory use). Outdoor storage may be allowed as an accessory use in accordance with the following standards:
(1) 
Each outdoor storage area shall be incorporated into the overall design of the principal structure on the site and shall be shown on a site plan, if one is required.
(2) 
Outdoor storage areas shall be located to the side or rear of the principal structure.
(3) 
Outdoor storage areas shall not be located within fire lanes, parking lot drive aisles, loading zones, required setbacks, required off-street parking spaces, or sight triangles.
(4) 
Goods stored in an outdoor storage area intended for sale or resale shall be limited to those sold on the premises as part of an associated, additional principal use.
(5) 
Each outdoor storage area shall be screened from off-site views in accordance with Table 72-42.6F, Outdoor Storage Screening:
Table 72-42.6G: Outdoor Storage Screening
Adjacent Feature or Zoning District To Be Screened
Minimum Opaque Screening Fence or Wall Height
(feet)
Stored Object/Material Maximum Height Within 50 feet of Fence or Wall
(feet) [2]
Public street right-of-way
6
5
Park, recreation, or civic area
8
7
Single-family residential zone [1]
8
8
Multifamily residential zone [1]
6
6
Commercial or mixed-use zone [1]
6
6
Industrial zone
None
N/A
NOTES:
[1]
Or use type if in a planned development district
[2]
Stored object/material heights located more than 50 feet from a screening fence or wall shall not exceed 35 feet in height.
(6) 
If the outdoor storage area is covered, then the covering shall include at least one of the predominant exposed roofing colors on the primary structure.
(7) 
No materials may be stored in areas intended for vehicular or pedestrian circulation.
H. 
Parking of heavy trucks, trailers, or major recreational equipment in residential districts.
(1) 
Intent. It is the intent of this subsection to prohibit the customary or continual parking of commercial or other vehicles engaged in activity exceeding personal transport on streets and within yards adjacent to streets in residential neighborhoods since the presence of such vehicles runs contrary to the intended residential character of such neighborhoods. It is not the intent of these standards to prevent the occasional or temporary parking of such vehicles or equipment as necessary for the purposes of loading, unloading, or cleaning; however, the continual or customary overnight parking of such vehicles or equipment for a portion of the day followed by removal the following day is prohibited.
(2) 
Applicability. The standards in this subsection apply to trucks with more than two axles or that exceed 13,000 pounds or 2 1/2 tons of gross vehicle weight rating, trailers with more than one axle, or major recreational equipment, including, but not limited to, boats, campers, recreational vehicles, motor homes, and travel trailers.
(3) 
Standards.
(a) 
Heavy trucks and trailers with a rated capacity exceeding 2 1/2 tons, or major recreational equipment, shall not be parked or stored on public right-of-way in a residential zoning district except for the purposes of active loading or unloading.
(b) 
No heavy truck, trailer, or other major recreational equipment shall be parked or stored in any front yard, corner side yard, or in any location where it is closer to a street right-of-way than the principal structure within a residential or mixed-use zoning district.
(c) 
Major recreational equipment may be stored in the rear yard within a residential district, provided the equipment is at least 10 feet from all lot lines.
(d) 
Major recreational equipment may be exempted from the standards in this subsection following approval of a temporary use permit for a maximum period of 10 days during a calendar year.
I. 
Satellite dish antennas.
(1) 
Satellite dish antennas shall be allowed in all zoning districts as an accessory use, but may only be erected, altered, raised, or relocated in accordance with a certificate of zoning use issued by the Zoning Administrator based upon consideration of the following factors:
(a) 
No satellite dish antenna shall be located in a front yard;
(b) 
Of all the locations practicably available for location of the proposed satellite dish antenna, the proposed location shall be the one that has the least negative impacts on surrounding buildings and neighborhoods and be the one least visible from nearby properties and the public right-of-way, yet still provides adequate transmission and reception;
(c) 
The proposed size and height of such satellite dish antenna shall be compatible with the height and scale of adjacent buildings and shall be the minimum size and height necessary to conduct the anticipated transmission or reception activity;
(d) 
Such antenna shall meet all of the requirements of this section relating to accessory structures and be landscaped or screened so as to substantially conceal it from view from nearby properties and the public right-of-way; and
(e) 
No advertising, telephone numbers, pictorial designs, or other drawings shall be permitted on such antennas.
(2) 
No satellite dish antenna within the HFD that is subject to view from a public street, right-of-way, or place shall be erected, altered, or relocated until approved by the ARB pursuant to § 72-23.1, Certificates of appropriateness.
(3) 
Amateur radio stations properly licensed by the Federal Communications Commission or the United States Department of Defense shall be exempt from the provisions of this section.
J. 
Solar energy equipment. Solar energy equipment shall comply with the following standards:
(1) 
The system may be located on the roof of a principal or accessory structure, on the side of such structures, on a pole, or on the ground, subject to the dimensional standards in the district where located (see Article 72-3, Zoning Districts).
(2) 
The system shall comply with the maximum height standards for the zoning district in which it is located, provided that a roof-mounted system shall not extend more than 15 feet above the roofline of the structure on which it is mounted.
(3) 
Where an existing structure exceeds the applicable height limit, a solar energy collection system may be located on its roof irrespective of applicable height standards, provided the system extends no more than five feet above the roof surface.
(4) 
The area of the system shall not exceed one-half the footprint of the principal structure or 600 square feet, whichever is greater.
(5) 
The property owner shall be responsible for negotiating with other property owners in the vicinity to establish any solar easement designed to protect solar access for the solar energy collection system.
K. 
Temporary family health care structure.
(1) 
The Zoning Administrator may issue a zoning permit for one temporary family health care structure per parcel upon receipt of proof of compliance with the requirements of Code of Virginia § 15.2-2292.1 which are incorporated herein by reference.
(2) 
The applicant for a temporary family health care structure shall provide to the Zoning Administrator evidence of compliance with Code of Virginia § 15.2-2292.1 on an annual basis as long as the temporary family health care structure remains on the property. Such evidence may involve the inspection of the temporary family health care structure at reasonable times convenient to the caregiver, not limited to the annual compliance confirmation.
(3) 
A temporary family health care structure shall be removed within 60 days of the date on which the structure was last occupied by a mentally or physically impaired person receiving services or in need of assistance as provided in Code of Virginia § 15.2-2292.1.

72-43.1 Procedure for issuance.

A. 
The application for any zoning permit shall be filed at least three weeks prior to the date on which the permit is to take effect, provided that the Zoning Administrator may approve a lesser time period. The application forms shall provide such information as the Zoning Administrator shall find to be reasonably necessary for the proper administration of this section.
B. 
Upon finding that the application does sufficiently comply with the standards set for the use in question as well as those general standards set forth in this section, the Zoning Administrator shall issue a zoning permit, setting forth the duration of the permit and specifying such conditions as to hours, location, parking, traffic access, and safety requirements as will serve to protect the health, safety and welfare of the public and which will protect adjacent properties from any adverse effects of the use.

72-43.2 Revocation of zoning permit.

A. 
The Zoning Administrator may revoke a zoning permit at any time on the failure of the owner or operator of the use covered by the permit to observe all requirements of the law with respect to the maintenance and conduct of the use and all conditions in connection with their permit that were designated by the Zoning Administrator in issuing the same.
B. 
Notice of such revocation shall be made by letter from the Zoning Administrator to the owner or operator of the use for which the permit has been granted, handdelivered or mailed, return receipt requested, setting forth the grounds upon which the permit was revoked, the date and time upon which the revocation is effective, and informing the owner or operator of the appeals procedure in accordance with Code of Virginia § 15.2-2311.
C. 
Upon receipt of such notice, the owner or operator of such use shall cease operation of the use.
D. 
In the case of an appeal from the revocation of a zoning permit, the aggrieved party may request a meeting with the Zoning Administrator to present his grounds for appeal. The Zoning Administrator shall meet with the aggrieved party within 48 hours of the date upon which the appeal is received. Within 24 hours of the date of the meeting, the Zoning Administrator shall inform the aggrieved party, in writing, of his/her decision to affirm, modify or rescind the revocation of the zoning permit.

72-43.3 Standards.

A. 
Contractors' offices and equipment sheds (including trailers).
(1) 
A zoning permit may be issued for a period beginning no earlier than 30 days prior to the issuance of building/grading permits and terminating no later than 20 days after issuance of a certificate of occupancy for the last building to be constructed in the project.
(2) 
Such uses shall be located within the recorded subdivision or on the same lot where the construction project is located.
(3) 
Such uses shall not interfere with traffic movement on adjacent streets.
B. 
Promotional activities of retail merchants.
(1) 
A zoning permit may be issued for a period not to exceed a total of 120 days per calendar year.
(2) 
Such promotional activities involving the outdoor display of goods and merchandise shall be conducted within an area immediately adjacent to the place where such items are customarily sold.
(3) 
No required off-street parking space, service drive or loading area shall be utilized for such display.
(4) 
The outdoor display of used appliances, used furniture, used housewares, used plumbing, used building materials, and other similar used merchandise shall not be authorized under this section.
C. 
Portable storage containers.
(1) 
On residentially zoned and developed lots.
(a) 
Portable storage containers may be allowed in any residential district for a period not to exceed 90 days in any twelve-month period.
(b) 
A maximum of two portable storage containers having a storage capacity of not more than 256 square feet shall be permitted on any residential lot.
(2) 
On nonresidentially developed lots.
(a) 
Portable storage containers may be allowed in CSC, CH, PDC and any I Districts for the purpose of increasing the storage capacity of the principal use to which it serves for a period not to exceed 90 days in any twelve-month period.
(b) 
Portable storage containers shall not exceed the standards in Table 72-43.3C, Portable Storage Container Size:
Table 72-43.3C: Portable Storage Container Size
Principal Use Gross Floor Area
(square feet)
Maximum Portable Storage Container Size
(square feet)
0 to 9,999
320
10,000 to 19,999
640
20,000 to 34,999
960
35,000 to 49,999
1,280
50,000 to 74,999
1,600
75,000 to 99,999
1,920
100,000 to 149,000
2,560 [1]
NOTES:
[1]
Additional portable storage container square footage shall be permitted in increments of 1,280 square feet with each additional 50,000 square feet of gross floor area of principal use.
(c) 
Portable storage containers shall have a storage capacity no greater than 320 square feet nor dimensions greater than 40 feet in length, eight feet in width or 8 1/2 feet in height.
(d) 
Portable storage containers shall not be used for purposes of retail display.
(e) 
Portable storage containers shall be sufficiently screened by a solid fence, wall, landscaping and/or a combination of these items so as to not be visible from any public right-of-way.
(3) 
On all lots.
(a) 
Portable storage containers shall be located behind the principal building on site. If site conditions prevent location behind the principal building, containers may be placed in a driveway or parking lot provided the required parking spaces are unobstructed and prior approval of the location has been granted by the Zoning Administrator. In no instance shall a portable storage container be placed in a public right-of-way or public street without prior written consent of the Director of Public Works.
(b) 
No portable storage container shall be located closer than five feet to any lot line unless a shorter distance is approved by the Zoning Administrator.
(c) 
All portable storage containers shall be in a condition free from rust, peeling paint and other forms of deterioration.
(d) 
Portable storage containers shall not be placed in a manner that will obstruct a fire lane or in a manner that may hinder emergency and/or fire equipment and vehicles.
D. 
Carnival, circus, festival, fair, horse show, dog show, steeplechase, sale of Christmas trees or other seasonal commodities and other similar activities.
(1) 
A zoning permit may be issued for a period not to exceed 30 consecutive days.
(2) 
All permitted activities shall be sponsored by a volunteer fire company, local chamber of commerce, veterans' organization, service club, civic organization, place of worship or religious organization, sports or hunt club, charitable, educational or nonprofit organization or recognized chapter thereof whose principal administrative offices are located within the City.
(3) 
When the activity is a circus, fair or carnival, and the owner of the circus, fair or carnival is an entity other than the sponsoring organization, the sponsoring organization shall furnish the Zoning Administrator the name and address of the owner or owners of the circus, fair or carnival.
(4) 
No zoning permit shall be issued unless adequate provision is made for off-street parking and loading requirements.
(5) 
Zoning permits shall not be issued to the same applicant more than four times in any calendar year; each temporary use shall be separated by a period of not less than 30 days.
E. 
Subdivision and apartment sales and rental offices.
(1) 
A zoning permit may continue until the sale or lease of all dwelling units in the development, but in no event shall the time exceed two years.
(2) 
Such office shall be incidental to and located within the recorded subdivision which it serves or on the same lot where the sales project is located.
(3) 
Such office shall contain no sleeping accommodations unless located in a model dwelling unit. Such sleeping accommodations shall be for the purpose of display only.
F. 
Tents on private property. No zoning permit, and no special use permit or special exception shall be required in order for an individual to lawfully erect a tent on private property:
(1) 
Intended to serve as temporary structure for a period of three days or less; and
(2) 
That will be used primarily for private or family-related events including, but not limited to, weddings and estate sales.
G. 
Yard sale. Yard sales and associated temporary signs shall be permitted in all residential districts subject to the following conditions:
[Amended 11-14-2017 by Ord. No. 17-22]
(1) 
No more than two yard sales are held within a calendar year at the same location and lasting no more than three consecutive days.
(2) 
Signs shall not exceed two square feet in size.
(3) 
Signs shall not be installed until 6:00 p.m. of the day before the event.
(4) 
Signs shall be removed by 6:00 p.m. of the last day of the event and not allowed to remain beyond the date of the event.
(5) 
No more than four off-premises signs are used to direct traffic to the site.
(6) 
Nothing in § 72-43.3G authorizes placement of signs in the public rights-of-way or on other public property, including City poles, trees, or other structures.

72-44.1 Use standards.

Vehicular use areas, whether the principal or accessory use of a lot or parcel of land, shall not be used for vehicle storage, vehicle sales, vehicle repairs, vehicle service, or vehicle display.