Galax City Zoning Code
ARTICLE XV
Supplementary District Regulations
§ 160-141 Minimum standards.
This article contains specific standards which apply to all users and districts within the jurisdiction. The standards set forth are the minimum allowed, and, from the date of this chapter, no building, structure or use shall be permitted, altered or changed which would cause to exist conditions which would be less than the standards set forth in this article or Articles III through XIII.
§ 160-142 Conformity required.
No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered, except in conformity with all of the regulations herein specified for the district in which it is located.
§ 160-143 Yards and open space.
A.
No part of a yard or other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.
B.
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
§ 160-144 Preexisting lots of insufficient size.
A.
Lot of record in separate ownership. In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory structures may be erected on any single lot of record at the effective date of adoption or amendment of this chapter, notwithstanding other provisions of this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area and/or width that are generally applicable in the district in which the lot is located. A variance of yard requirements shall be obtained only through action of the Board of Zoning Appeals in accordance with the provisions of Article XVIII.
B.
Two or more lots in single ownership. If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this chapter.
§ 160-145 Visibility at intersections.
On a corner lot in any district, nothing shall be erected, placed, planted or allowed to be grown in such a manner as to impede vision between a height of 2 1/2 and 10 feet above the center-line grades within 15 feet of the intersecting streets.
 |
§ 160-146 Fences, walls and hedges.
[Amended 6-29-1987]
Fences, walls and hedges may be permitted in any required yard or along the edge of any yard except as prohibited in § 160-145. The maximum height of a fence or wall shall be six feet, except in business and industrial districts.
§ 160-147 Use of yard areas.
Required yard areas may be occupied by driveways, loading, parking and sidewalks unless otherwise specified in this chapter. All yards not occupied by such uses shall be devoted to maintained landscaping as defined in the definitions.
§ 160-148 Accessory buildings.
An accessory building cannot be established unless a principal use exists on the property. No accessory building may be erected in any required yard or within five feet of any other building, except as provided in the district regulations.
§ 160-149 Access to public street; access for safety and parking.
Every structure shall be on a lot fronting a public street, and all structures shall be located on lots so as to provide safe and convenient access for servicing, fire protection and required off-street parking.
§ 160-150 Parking or storage of major recreational equipment.
No major recreational equipment shall be parked or stored in any front yard of any lot in a residential district more than 72 hours.
§ 160-151 Number of principal buildings.
Only one principal building and its accessory buildings shall be erected on any lot, except that where the lot frontage is in multiples of the amount required, then a second or more principal buildings may be constructed so long as each structure complies with the yard requirements in this chapter.
§ 160-152 Parking and storage of unlicensed or inoperable vehicles.
No automotive vehicle which does not display a current license plate may be parked on any public street for more than 24 hours. No more than three inoperable vehicles shall be stored on any open lot in any district except those vehicles being repaired in conjunction with an automobile service and repair business. This provision shall not apply to vehicles enclosed within a private garage.
§ 160-153 Property maintenance.
No property owner or tenant may cause to be kept on any lot trash, junk, weeds or litter of any kind. All persons or businesses shall dispose of garbage in an approved container as required by the City Code.
§ 160-154 Landscaping, screening and buffer areas.
[Amended 3-29-2000]
A.
Purpose. The purpose of these requirements is to enhance the appearance and natural beauty of the City and to protect property values through preservation and planting of vegetation, screening and landscaping material. The requirements are intended to reduce excessive heat, glare and accumulation of dust; to provide privacy from noise and visual intrusion; to prevent the erosion of soil and the excessive runoff of water and the consequent depletion of the groundwater table and pollution of water bodies.
B.
Applicability. The provisions of this section shall apply to all new development and changes of use, additions and expansions which increase the intensity of existing development a minimum of 3,000 square feet. The provisions of Subsections D and E shall not apply to areas within the boundary previously known as the "Downtown Service District" (§ 135-20).
C.
General provisions.
(1)
Landscaping, trees and plant material shall be planted in a growing condition, according to accepted horticultural practices, and they shall be maintained in a healthy growing condition. Any landscaping, trees and plant material in a condition that does not fulfill the intent of these regulations shall be replaced by the property owner during the next planting season.
(2)
A screening fence or wall area shall be maintained by the property owner, in good condition, throughout the period of the use of the lot.
(3)
To the extent possible, existing trees, vegetation and unique site features shall be retained and protected. Existing healthy, mature trees, if properly located, shall be fully credited against the requirements of these regulations.
(4)
Trees shall be a minimum of six to eight feet in height, with a minimum circumference of 3.50 inches, immediately after planting. Trees shall reach an expected height of 25 to 35 feet at maturity. Trees shall be planted 25 to 35 feet on center depending on species.
(5)
Evergreen trees shall be a minimum of six feet immediately after planting.
(6)
Shrubs and hedges shall be a minimum of one to two feet in height immediately after planting.
(7)
Ground cover may include any plant material that reaches an average height of not more than 12 inches. Alternative materials may be used in lieu of grass, provided that they present a finished appearance and provide reasonably complete coverage at the time of planting.
(8)
Plants that restrict sight visibility at intersections of streets or driveways, such as tall shrubs or low branching trees should be avoided.
(9)
Where lot size, shape, topography or existing structures make it not feasible to comply with the provisions of this section, the Director of Planning may modify these provisions, provided that the alternate proposal will afford a degree of landscaping, screening and buffering equivalent to or exceeding the requirements of these regulations.
D.
Front landscaped area. A front landscaped area shall be required for all two-family, multifamily and nonresidential uses. The required landscape area shall be contiguous to the front lot line of the property and have an average minimum width of 10 feet. The area shall be covered with grass or other ground cover and shall include appropriate trees and shrubs. At a minimum, one tree and 10 shrubs shall be planted within the front landscaped area for each 50 feet or fraction thereof of lot frontage. The purpose of the landscaping is to enhance the appearance of the use of the lot but not to negate access or screen the use from view.
E.
Buffer area. A buffer area shall be required to separate and screen incompatible land uses from each other. A buffer area shall be required along all boundaries of a two-family, multifamily or a nonresidential lot abutting a less intensive use. Such buffer shall comply with the following minimum standards.
(1)
A buffer area shall be located within the boundaries of the subject property. The buffer may be located on abutting property, provided that the owners of all abutting properties agree in writing to the proposal. Agreement must provide stipulations for maintenance and upkeep, as deemed necessary.
(2)
The minimum width of the buffer area shall be as outlined in the buffer matrix below:
Proposed Use | SF (feet) | TF (feet) | OF (feet) | CM (feet) | MF (feet) | IND | Adjacent Use |
|---|---|---|---|---|---|---|---|
Single-family | — | — | — | — | — | ||
Two-family | 5 | — | — | — | — | ||
Office | 10 | 5 | — | — | — | ||
Commercial | 15 | 10 | 5 | — | — | — | |
Multifamily | 15 | 10 | 5 | — | — | — | |
Industrial | 25 | 20 | 15 | 10 | 10 | — |
(3)
The buffer area shall consist of trees and shrubs of such a type, height, spacing and arrangement to effectively buffer the activity on the lot from the neighboring area. At a minimum, the planting shall consist of two trees and 10 shrubs per 100 linear feet for five- to ten-foot buffers, five trees and 15 shrubs per 100 linear feet for fifteen- to twenty-foot buffers and eight trees and 20 shrubs per 100 linear feet for twenty-five-foot buffers.
(4)
An earthen berm, fence or wall of a location, height, design and material approved by the Planning Director may be substituted for any portion of the required planting and/or buffer area. Fences and walls, if substituted, shall be constructed of materials congruous with the materials of the main building. Trees and shrubs shall supplement earthen berms, fences or wall areas.
F.
Landscaped main parking area.
(1)
Parking areas shall comply with the following minimum standards.
(a)
A landscaped area shall be provided along the perimeter of any parking area. The required landscaped area shall have a minimum width of five feet and shall be planted with two trees and 10 shrubs per 100 linear feet of perimeter area.
(b)
Landscaped areas shall be provided at the ends of parking aisles and shall be planted with shrubs and/or trees.
(c)
The required number of parking spaces may be reduced by one parking space for each 180 square feet of interior planting area, not exceeding 10%.
(2)
Parking areas with 100 or more parking spaces shall comply with following minimum standards.
(a)
All uses required to have 100 or more off-street parking spaces shall have at least five square feet of interior landscaping within the paved portion of the parking area for each parking space and at least one tree for every 25 parking spaces or fraction thereof.
(b)
Each interior landscaped area shall contain a minimum of 180 square feet and shall be planted with shrubs and trees.
(c)
A landscaped area shall be provided along the perimeter of any parking area. The required landscaped area shall have a minimum width of five feet and shall be planted with two trees and 10 shrubs per 100 linear feet of perimeter area.
(d)
Interior landscaped area shall be spaced throughout the lot to reduce the visual impact of long rows of parked cars. At a minimum, landscaped areas shall be distributed approximately once every 25 spaces.
(e)
Landscaped areas shall be provided at the ends of parking aisles and shall be planted with shrubs and/or trees.
(f)
The required number of parking spaces may be reduced by one parking space for each 180 square feet of interior planting area, not to exceed 10%.
G.
Screening of outdoor storage areas and storage buildings.
(1)
Outdoor storage areas in industrial zones shall be screened from view of all residentially zoned land by a double row of evergreen shrubs or trees planted to form a continuous hedge of at least six feet in height within two years of installation.
(2)
Outdoor storage areas in business zones shall be screened from view of adjacent streets and from all residentially zoned land by a double row of evergreen shrubs or trees planted to form a continuous hedge of at least six feet in height within two years of installation.
(3)
Enclosed outside storage buildings of more than 1,000 square feet located in residential zones shall be screened by a double row of evergreen shrubs or trees planted to form a continuous hedge of at least six feet in height within two years of installation.
H.
Screening mechanical equipment. All nonresidential uses shall screen from the view of public places and neighboring properties all mechanical equipment, such as, but not limited to, ground or mounted air conditioning units and pumps, through the use of features such as berms, fences, false facades or dense landscaping compatible with the site.
I.
Central solid waste storage area. All new buildings and uses except for single-family and two-family dwellings shall provide facilities for the central storage of solid waste within the lot. Where such facilities are provided outside of the building they shall be screened from the adjacent property by an enclosure constructed of materials congruous with the materials on the exterior wall of the main buildings.
J.
Unoccupied lot areas. All areas of a developed lot not occupied by buildings, structures, pedestrian and vehicle circulation ways, off-street parking and outside storage shall be appropriately improved with ground cover, trees, shrubbery or mulch.
K.
Planting list. The following trees and shrubs by way of example but not by way of limitation, are suitable for use in the Galax area.
(1)
Large trees (mature height 35 feet or greater and 35 feet spacing):
Willow oak | |
Sugar maple | |
Red maple | |
Scarlet oak | |
Pin oak | |
Southern magnolia | |
London plane tree | |
River birch | |
Japanese zelkova | |
Tulip poplar | |
Black gum | |
Litlelead linden | |
White oak | |
Japanese scholartree | |
Gingko | |
English oak | |
Japanese katsuratree | |
Schumard oak | |
Chinese elm |
(2)
Medium trees (mature height 25 to 35 feet and 30 feet spacing):
Mountain silverbell | |
Sourwood | |
Thornless honeylocust | |
Eastern redbud | |
Mountain ash | |
Yoshino cherry | |
Golden rain tree | |
Saucer magnolia | |
Weeping cherry | |
Kwansan cherry | |
Yellowood | |
Ironwood | |
Pistachio | |
Redwood linden | |
American holly |
(3)
Small trees (mature height less than 25 feet and 25 feet spacing):
Japanese maple | |
Japanese dogwood | |
Flowering dogwood | |
Smoketree | |
Crepe myrtle | |
Crabapple | |
Amur maple | |
Russian olive | |
Wax myrtle | |
Star magnolia |
(4)
Shrubs (mature height approximately 36 inches):
(a) | Evergreen | |
Warty barberry | ||
Dwarf burford holly | ||
Japanese holly | ||
Azalea | ||
Mugo pine | ||
Juniper | ||
Euonymous | ||
Leatherleaf viburnum | ||
(b) | Deciduous | |
Forsythia | ||
Dwarf burning bush | ||
Thunberg spirea | ||
Viburnum | ||
Oakleaf hydrangea | ||
Japanese flowering quince | ||
Potentilla | ||
Ornamental grass varieties | ||
Oregonholly grape | ||
Red chokeberry | ||
Nandina | ||
Dwarf nandina |
(5)
Screening plants (installation height six feet):
American holly | |
Burford holly | |
Nellie stevens holly | |
Wax myrtle | |
Hetz juniper | |
Arborvitae | |
Eastern red cedar | |
Japanese black pine |
§ 160-155 Height exceptions and limitations.
Church spires, belfries, monuments, water towers, chimneys, flues, flagpoles, television antenna and radio aerials are exempt. An accessory structure's height shall not exceed the principal structure's height, except for garages constructed subsequent to a residence.
§ 160-156 Home occupations.
[Amended 1-14-2001]
A.
Purpose and intent. Home occupations are permitted in any dwelling unit subject to the limitations established herein. It is the intent of this section to ensure the compatibility of home occupations with other permitted uses, to preserve the character of residential neighborhoods, and to prevent excessive noise, traffic, nuisance, safety hazards and other potential adverse impacts of commercial uses conducted in residential areas.
B.
Application; appeals.
(1)
Any person desiring to establish a home occupation, as authorized herein, shall submit a home occupation permit application to the Zoning Administrator on a form provided by the City. The Zoning Administrator shall review the application for compliance with this section and other applicable provisions of law and shall make a decision to approve, approve with conditions or disapprove the application within two weeks of the date a completed application is received. The Zoning Administrator may impose reasonable conditions on the conduct of the home occupation use.
(2)
Applicants may appeal the decision of the Zoning Administrator by requesting a public hearing by the Planning Commission within 30 days after being notified of the administrative decision.
C.
Use limitations.
(1)
No more than one person other than the immediate family residing in the dwelling shall be engaged in such occupation.
(2)
The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by the occupants, and not more than 25% of the floor area of the dwelling unit shall be used in the conduct of the home occupation.
(3)
There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation.
(4)
No home occupation shall be conducted in any accessory building.
(5)
There shall be no retail or wholesale sales occurring on the premises in connection with such home occupation.
(6)
No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street or in a rear or side yard.
(7)
A current City of Galax business license must be maintained.
(8)
A zoning permit may be issued for family day home providers serving six through 12 persons exclusive of their own family members who reside in the home after the following requirements are met:
D.
Permitted home occupations. The following uses may be permitted home occupation uses, subject to the requirements of the section:
(1)
Artist and sculptor.
(2)
Author and composer.
(3)
Home care service (babysitting) up to five children.
(4)
Dressmaker, seamstress and tailor.
(5)
Direct sale product distribution.
(6)
Computer programming, data processing, typing and word processing service.
(7)
Home crafts, such as model making, rug weaving, lapidary work, and ceramics, for sale off-site.
(8)
Jewelry making and jeweler.
(9)
House cleaning service, laundry and ironing service.
(10)
Locksmith.
(11)
Office of a minister, rabbi, priest, or other similar person associated with a religious organization.
(12)
Office of a salesman, sales representative, or manufacturer's representative, provided that no retail or wholesale transactions are made in person on the premises.
(13)
Office of professional in fields such as but not limited to, architecture, drafting and graphics, interior design, engineering, financial planning, and other consulting services.
(14)
Telephone answering services and solicitation work.
(15)
Tutoring.
(16)
Music lessons.
(17)
Caterer.
E.
Prohibited home occupations. The following shall be prohibited home occupations:
(1)
Automotive repair or paint shop.
(2)
Dance studio, exercise studio, or similar use.
(3)
Dog grooming service.
(4)
Funeral chapel, funeral home.
(5)
Barber shop and beauty shop.
(6)
Gift shop.
(7)
Limousine, hearse, ambulance or taxi service.
(8)
Massage parlors, licensed massage therapy.
(9)
Nursing homes.
(10)
Medical or dental laboratory.
(11)
Outdoor repair or service.
(12)
Rental of any equipment or other items.
(13)
Restaurant.
(14)
Veterinary hospital.
(15)
Welding or machine shop.
(16)
Wrecking and/or towing service.
(17)
Other similar use.
§ 160-157 Nonconforming uses, lots and structures.
A.
Intent. Within the districts established by this chapter or amendments that may later be adopted, there may exist structures and uses of land and buildings which would be prohibited, regulated or restricted under the terms of this chapter or future amendments. It is the intent of this chapter to permit these nonconforming uses and structures to continue until they are removed but not to encourage their survival. It is further the intent of this chapter that these nonconforming structures and uses shall not be enlarged upon, expanded or extended.
B.
Nonconforming structures. Where a lawful structure exists upon the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions to area, lot coverage, height, yards, its location on the lot or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1)
No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.
(2)
Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than 50% of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.
(3)
Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
C.
Nonconforming uses of land. Where at the time of passage of this chapter a lawful use of land exists which would not be permitted by the regulations imposed by this chapter and where such use involves no individual structure with a replacement cost exceeding $1,000, the use may be continued so long as it remains otherwise lawful, provided that:
(1)
No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.
(2)
No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this chapter.
(3)
If any such nonconforming use of land ceases for any reason for a period of more than 365 days, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
(4)
No additional structure not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land.
D.
Nonconforming uses of structures or of structures and premises in combination. If a lawful use involving individual structures with a replacement cost of $1,000 or more or if a structure and premises in combination exists at the effective date of adoption or amendment of this chapter that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1)
No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
(2)
Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.
(3)
Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.
(4)
When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for a period of 12 consecutive months (except when government action impedes access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located. Vacancy of the premises due to a change in lease shall not constitute discontinuance or abandonment as long as the owner is pursuing to advertise the property for lease.
(5)
Where a nonconforming use status applies to a structure and premises in combination, the removal or destruction of the structure shall eliminate the nonconforming status of the land. "Destruction" for the purpose of this subsection is defined as damage to an extent of more than 50% of the replacement cost at time of destruction.
E.
Repairs and maintenance. Nothing in this chapter shall prevent the making of ordinary repairs on a nonconforming structure or a structure containing a nonconforming use, provided that the structure is not enlarged in size.
F.
Change of nonconforming use in a nonconforming structure. If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may as a special exception be changed to another nonconforming use, provided that the Board of Zoning Appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Zoning Appeals may require appropriate conditions and safeguards in accord with the provisions of this chapter. (See Article XVIII.)
§ 160-158 Off-street parking.
A.
Off-street parking shall be provided at the time of erection of any principal building or at the time any principal building is enlarged, with adequate provision for access from a public street, as follows:
Use of Building | Minimum Number of Parking Spaces | |
|---|---|---|
Dwellings of all types, except elderly | 2 for each dwelling unit | |
Elderly housing | 1 for every 3 units | |
Tourist homes, motels, hotels and rooming houses | 1 for each guest bedroom | |
Churches, auditoriums, theaters, stadiums and other places of assembly | 1 for every 4 seats | |
Hospitals | 1 for each 2 beds | |
Medical and dental clinics | 5 for each doctor, plus 1 per employee | |
Mortuaries or funeral homes | 30 | |
Retail stores selling directly to the public, and personal service establishments | 1 for each 250 square feet of retail floor space | |
Restaurants, cafes and taverns | 1 for each 4 seats provided for customers | |
Dance halls | 1 for each 100 feet of floor space | |
Bowling alleys | 4 for each alley | |
Industrial and manufacturing establishments | 1 for each 2 employees, computed on the basis of the greatest number of persons to be employed on any 1 shift | |
Private clubs and lodges | Adequate space as determined by Planning Commission after submittal of the site plan | |
Professional offices | 1 for each employee, plus 1 space for every 500 square feet of floor space | |
Riding stables | 10 | |
Fire stations | 10 | |
Marinas and boat docks | 1 for each berth, with a minimum of 10 spaces | |
Boat launching ramps | 10, plus spaces for 10 boat trailers | |
Schools, elementary and nursery | 3 for each classroom, plus 1 for each 6 seats in an auditorium or gymnasium, and spaces for school buses | |
Schools, high and middle | 10 for each classroom, plus 1 for each 5 seats in an auditorium or gymnasium | |
Sanitariums, nursing homes and convalescent homes | 1 for each 4 patient beds | |
Skating rinks | 1 for each 200 feet of floor area |
B.
General requirements for parking lots.
(1)
A parking space shall be a minimum of nine feet wide by 20 feet in length. Parking space shall be served by a driveway with a minimum width of 20 feet, and all spaces over four required shall be provided with a turnaround or maneuvering which will not require backing into a public street or right-of-way. All commercial, industrial or public use parking shall be provided with space for turning or maneuvering which will not require backing into public street right-of-way.
(2)
The parking space required for any dwelling shall be located on the same lot as the principal building. For uses other than dwellings, spaces may be located within a distance of 200 feet from the lot on which the use or building is located.
C.
Design requirements. When lots with parking space for more than four cars are permitted or required in any district, the following conditions shall apply:
(1)
The parking area and access thereto shall be surfaced with crushed rock, gravel, asphalt or concrete. It shall be drained in such a manner that the adjoining property does not receive stormwater therefrom. Adequate space shall be provided for the maneuvering of vehicles. No driveway or curb cut shall exceed 25 feet in width.
(2)
The Virginia Department of Transportation design standards for access driveways shall apply.
[Amended 11-13-1990]
(3)
If the parking area adjoins premises used or zoned for residential purposes, it shall be screened from such premises by a solid wall or fence or closely spaced evergreen trees or a shrub hedge, located on a strip of land not less than five feet in width, guarded with wheel bumpers. Any light used to illuminate such parking area shall be so arranged as to reflect the light away from such adjoining premises.
(4)
Parking space provided for apartments, offices or retail spaces shall include five feet of landscaping to provide a buffer from the adjacent property and street right-of-way.
§ 160-159 Off-street loading.
In order to avoid undue interference with the public use of streets, there shall be provided adequate off-street loading space as follows:
A.
At the time building plans for commercial or industrial uses are submitted, the Zoning Administrator shall require the submission of specific information, in writing, as to the size of delivery vehicles and frequency of delivery.
B.
Construction plans shall not be approved without a site plan, drawn to scale, which can show that off-street loading can be provided without backing or maneuvering into a public street right-of-way.
C.
An off-street loading space shall be a minimum of 20 feet wide by 60 feet long.
D.
A minimum of one space shall be required for all retail commercial uses.
E.
The required spaces for other public, commercial or industrial uses shall be as follows:
Use | Floor Area (square feet) | Required Spaces | |
|---|---|---|---|
Public assembly | N/A | 1 | |
Health care | N/A | 1 | |
Community education | N/A | 1 | |
Retail sales | Less than 20,000 | 1 | |
Retail sales | 20,000 and up | 2, plus 1 for each 40,000 square feet over 80,000 | |
Wholesale and industrial | 2 per 50,000 square feet |
§ 160-160 Solid waste disposal for apartments and nonresidential uses.
Each owner of apartments or a commercial, industrial or public use shall provide and maintain solid waste disposal containers to meet the requirements of the occupants.
§ 160-160.1 Wireless telecommunications towers and antennas.
[Added 7-14-1997; amended 2-12-2018]
A.
Purpose.
(1)
The purpose of this section is to establish general guidelines for the siting of wireless communications towers and antennas. The intent is to:
B.
Applicability.
(2)
Amateur radio station operators/receive-only antennas. This section shall not govern any tower or the installation of any antenna owned and operated by a federally licensed amateur radio station operator or which is used exclusively for receive-only antennas. The tower may exceed the maximum height of the zoning district with approval of a conditional use permit.
(3)
Preexisting communication towers. Preexisting communication towers shall not be required to meet the requirements of this section.
(4)
AM array. For purposes of implementing this section, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.
C.
Permitted uses.
(1)
Antennas or towers located on property owned, leased or otherwise controlled by the City of Galax, provided that a license or lease authorizing such antenna or tower has been approved by the City of Galax.
D.
Administratively approved uses. The following uses may be approved by the Zoning Administrator after conducting an administrative review:
F.
Development standards and conditions.
(1)
The minimum lot depth (setback) for any lot from the base of the tower to any property line adjacent to any residential district from any dwelling on any lot used for dwelling purposes other than a lot in any residential district shall be equal to 120% of the proposed tower height. The minimum lot depth from other property lines shall be 50 feet unless a greater setback is required as a condition of approval due to circumstances adversely affecting the public health, safety or welfare.
(2)
Applicants shall exhaust all possible avenues for sharing space before a permit for a new tower will be issued. More than one tower may be permitted on the site, provided that all minimum lot depths, design and plan requirements are met.
(3)
Towers shall be painted in accordance with the requirements of the Federal Communications Commission or the Federal Aviation Administration; provided, however, that if there are no applicable regulations of the Federal Communications Commission or the Federal Aviation Administration, then towers 150 feet or less in height shall have a galvanized finish or be painted silver or light blue.
(4)
Lighting, beacons and/or other safety devices shall be provided only if required by the Federal Communications Commission or the Federal Aviation Administration.
(5)
No commercial advertising material or signs shall be allowed on a communication tower or portion thereof.
(6)
Landscaping and screening shall be provided and maintained in accordance with any applicable provisions of this chapter.
(8)
Should the regulations and requirements of this subsection conflict with any regulation of the Federal Communications Commission or the Federal Aviation Administration, then the regulations of the Federal Communications Commission and the Federal Aviation Administration shall govern.
(9)
Towers which are not used for a period of six months or more shall be removed by the owner within 90 days. Towers which are not maintained for a period of six months or more shall be removed by the owner within 90 days. To ensure the removal of towers which do not meet requirements for use or maintenance, a statement of financial responsibility, meeting the standards of the City, shall be submitted for each tower over 100 feet. Removal costs shall be charged to the tower owner.
G.
Application requirements.
(1)
A site plan to scale, including the location of towers, guy anchors when used, buildings, other accessory uses, vehicular access, parking, six-foot fencing, screening, landscaping, zoning, ownership and use of adjoining properties and any other information deemed appropriate by the Zoning Administrator shall be required.
(2)
Certification by the manufacturer or an engineering report by a Virginia registered structural engineer shall be filed by the applicant, indicating the tower height and design, structure, installation and total anticipated capacity of the structure, including number and type of antennas which could be accommodated and demonstrating to the satisfaction of the building official and/or City engineering staff that all structural requirements and other safety considerations set forth in the BOCA Basic Building Code or the standards adopted by the Electronics Industries Association, or any amendment thereof can be met. This information shall be filed with the application.
(3)
In order to protect the public from unnecessary exposure to electromagnetic radiation, a licensed professional engineer primarily experienced with the design and operation of communication towers and antennas shall certify at the time of application that the power density levels do not exceed federally approved levels or American National Standards Institute (ANSI) standards, whichever provides the stricter requirements.
(4)
Verifiable evidence from the applicant of the lack of space on suitable existing towers, buildings or other structures to locate the proposed antennas and the lack of space on existing tower sites to construct a tower for the proposed antennas within the anticipated service area shall be considered in the review of the application for any new tower.
(5)
An affidavit stating that space on the proposed tower will be made available to future users when technically possible shall be required.
(6)
The applicant shall conduct a balloon test or similar demonstration of visibility as a part of any application. Prior to the test, the applicant shall mail notice to all adjacent property owners and to the owners of any property located within 750 feet of the proposed tower whether adjacent or not and shall publish notice of intent to conduct the test in a newspaper of general circulation at least once a week for a period of two consecutive weeks.
(7)
The applicant shall reimburse the City for the costs of evaluating the technical evidence submitted by the applicant in support of its application.
(8)
The applicant shall provide the City with space(s) on the communications tower for the location of public safety transmitting and receiving antennae at no cost. Other than the providers who have submitted evidence of a need for a location on the communications tower at the time of the application for a conditional use permit, the applicant shall notify the director of public safety before any additional location is under contract. The director of public safety shall have 20 work days to determine whether such location is necessary for the public safety needs of the City at the present or within a one-year period from the date of notification. If such space(s) is determined to be needed for public safety purposes, the applicant shall not lease the space(s) for one year from the date notice was received by the director of public safety. The City may assign this space to an affiliate organization at no cost.
§ 160-160.2 Small cell facilities.
[Added 2-12-2018]
A.
A locality shall not require that a special exception, special use permit, or variance be obtained for any small cell facility installed by a wireless services provider or wireless infrastructure provider on an existing structure, provided that the wireless services provider or wireless infrastructure provider:
B.
Localities may require administrative review for the issuance of any required zoning permits for the installation of a small cell facility by a wireless services provider or wireless infrastructure provider on an existing structure. Localities shall permit an applicant to submit up to 35 permit requests on a single application. In addition:
(1)
A locality shall approve or disapprove the application within 60 days of receipt of the complete application. Within 10 days after receipt of an application and a valid electronic mail address for the applicant, the locality shall notify the applicant by electronic mail whether the application is incomplete and specify any missing information; otherwise, the application shall be deemed complete. Any disapproval of the application shall be in writing and accompanied by an explanation for the disapproval. The sixty-day period may be extended by the locality, in writing, for a period not to exceed an additional 30 days. The application shall be deemed approved if the locality fails to act within the initial 60 days or an extended thirty-day period.
(3)
Approval for a permit shall not be unreasonably conditioned, withheld, or delayed.
(4)
The locality may disapprove a proposed location or installation of a small cell facility only for the following reasons:
(a)
Material potential interference with other preexisting communications facilities or with future communications facilities that have already been designed and planned for a specific location or that have been reserved for future public safety communications facilities;
(b)
The public safety or other critical public service needs;
(c)
Only in the case of an installation on or in publicly owned or publicly controlled property, excluding privately owned structures where the applicant has an agreement for attachment to the structure, aesthetic impact or the absence of all required approvals from all departments, authorities, and agencies with jurisdiction over such property; or
(d)
Conflict with an applicable local ordinance adopted pursuant to § 15.2-2306, or pursuant to local charter on a historic property that is not eligible for the review process established under 54 U.S.C. § 306108.
(5)
Nothing shall prohibit an applicant from voluntarily submitting, and the locality from accepting, any conditions that otherwise address potential visual or aesthetic effects resulting from the placement of small cell facilities.
(6)
Nothing in this section shall preclude a locality from adopting reasonable rules with respect to the removal of abandoned wireless support structures or wireless facilities.
C.
Notwithstanding anything to the contrary in this section, the installation, placement, maintenance, or replacement of micro-wireless facilities that are suspended on cables or lines that are strung between existing utility poles in compliance with national safety codes shall be exempt from locality-imposed permitting requirements and fees.