1.1.

Yards and Open Space Generally.

1.

Every part of a required setback shall be open to the sky, except as authorized by this Article, and except ordinary projections of sills, belt courses, window air conditioning units, chimneys, cornices, and ornamental features which may project to a distance not to exceed 24 inches into a required setback.

2.

More than one primary structure may be located upon a lot or tract in the following instances:

a.

Institutional buildings.

b.

Public or semi-public buildings.

c.

Multiple-family dwellings or condominiums under approved site plans.

d.

Convalescent or nursing homes and homes for the aged.

e.

Commercial and industrial buildings under approved site plans.

The provisions of this exception shall not be construed to allow the location or erection of any building or portion of a building within the required setback of the district it is located within.

3.

Where a lot is of such unusual configuration that none of the provisions of this Ordinance regarding yards and open spaces apply precisely, the Administrator may use discretion to apply an interpretation which most nearly meets the requirements of this Ordinance; and where by reason of difficult or unusual topography an improved building site may be achieved by a minor modification of yard space requirements (up to 1.5 feet) such modification may be approved by the Administrator.

1.2.

Front Setback.

1.

Where an easement or right-of-way has been established by an officially adopted detailed plan on file with the Administrator for the future widening or opening of a street or major thoroughfare upon which a lot abuts, then the depth of a front or side setback shall be measured from such line shown on the official plan to the nearest line of the building.

2.

On through lots the required front setback shall be provided on each street.

3.

Bus shelters, when permitted by district regulations, may be located in a required front setback.

4.

Open, unenclosed porches, platforms, or paved terraces, not covered by a roof or canopy and which do not extend above the level of the first floor of the building, may extend or project into the front setback not more than six feet.

5.

In any residential district, when the front setbacks of the dwellings located on both sides of a lot exceed the minimum front setback as prescribed in this Ordinance, the new dwelling may be set back at least the same distance as one of the said dwellings. In the event there is only one adjacent lot with an existing dwelling, and that dwelling exceeds the minimum front setback, the new dwelling shall set back at least the average of the existing dwelling setback and the required setback in that district. Where there are two adjacent dwellings, only one of which exceeds the minimum front setback, the minimum setback requirement of this Ordinance shall apply to the new dwelling.

1.3.

Side Setbacks.

1.

Open, unenclosed porches, platforms, or paved terraces, not covered by roof or canopy and which do not extend above the level of the first floor of the building, may extend or project into the side setback not more than six feet.

2.

For the purpose of the side setback regulations, a group of office, business or industrial buildings separated by common or party walls shall be considered as one building occupying one lot.

1.4.

Rear Setbacks. Open or lattice-enclosed fire escapes, outside stairways, platforms, terraces and balconies and the ordinary projections of chimneys and flues may project into the required rear setback for a distance of not more than five feet.

1.5.

Accessory Buildings and Structures.

1.

Except as herein provided, no accessory structure shall be located within the front setback of a lot or parcel.

2.

Filling station pumps and pump islands, with or without a canopy may occupy the required setbacks; provided, however, that they are not less than 15 feet from street lines.

3.

Accessory swimming pools, open and unenclosed, may occupy a required rear or side setback, provided they are not located closer than six feet to a rear lot line or 10 feet to an interior side lot line. A walk space at least four feet wide shall be provided between pool walls and protective fences or barrier walls.

4.

Merchandise for sale, which is displayed outdoors, including, but not limited to decks, pavilions, furniture, antiques, swing sets, and items for sale or demonstration purposes are permitted by Special-Use Permit only and only within a commercial district.

5.

Accessory buildings which are not a part of the main building although they may be connected by an open breezeway, may be constructed in a side or rear setback, provided such accessory building(s) does not occupy more than thirty (30) percent of the area of the required side or rear setback and provided it is not located closer than five (5) feet to any lot line. Accessory structures greater in height than fifteen (15) feet shall meet the minimum side and rear setback requirements for a primary structure.

6.

Satellite dish antennas or receiving stations and similar devices are deemed to be accessory structures and shall not be located in front or side setbacks in a residential or commercial district and in a residential district shall be limited to two per dwelling unit, shall not exceed 10 feet in diameter, and shall not exceed the height permitted in the zoning district for an accessory structure. In a residential district no such dish structure greater than two feet in diameter shall be mounted on the roof of a building so as to be visible from the street on which a building fronts.

7.

When attached to a single family attached dwelling, a deck which has no part of its floor higher than the first floor of the dwelling may extend up to ten (10) feet into a required rear or side setbacks, provided that the deck is not located closer to the rear lot line than one-half the distance measured from the rear lot line to the closest point of the dwelling. Steps from the deck to grade may extend up to three (3) feet additionally into the required setback and not be calculated against the minimum requirements.

8.

Decks are not permitted in front setbacks.

9.

A Temporary family health care unit (Unit) shall be allowed accessory to a single-family dwelling located on a residential lot, provided that:

a.

Only one Unit shall be permitted per lot;

b.

No more than one person shall occupy the Unit;

c.

The Unit shall not exceed 300 gross square feet in area;

d.

The Unit shall comply with the setback requirements for primary structures in the district;

e.

The Unit shall primarily be assembled at a location other than the lot on which it is to be located;

f.

The Unit shall not be placed on a permanent foundation;

g.

A physician licensed in Virginia has certified in writing that the person who occupies or intends to occupy the Unit is mentally or physically impaired because he/she requires assistance with two or more activities of daily living during more than half the year;

h.

The caregiver for the mentally or physically impaired occupant of the Unit lives in the primary residence on the lot, and is an adult related by blood, marriage, or adoption or is the legally appointed guardian of the occupant of the Unit;

i.

The Unit shall be removed within thirty (30) days of the impaired person no longer meeting the certification requirements or no longer residing within the Unit;

j.

The Unit shall not be used for, or converted to, another use;

k.

No signage advertising or promoting the existence of the Unit shall appear on the Unit or anywhere on the property;

l.

The Unit shall be required to connect to any water, sewer, and electric utilities that are serving the primary residence on the property and shall comply with all applicable codes and requirements, including permits, for such connection;

m.

A zoning permit shall be obtained prior to placement of such Unit on the lot. In conjunction with the request for the zoning permit and annually thereafter, the following shall be submitted to the satisfaction of the Zoning Administrator:

i.

Documentation of the need for care for the mentally or physically impaired person to include a letter of certification written by a licensed physician;

ii.

Documentation of the relationship of the mentally or physically impaired person and caregiver;

iii.

Permission for the Zoning Administrator or her representative to inspect, at reasonably convenient times, the Unit and the single family dwelling on the lot to determine compliance with this section;

iv.

Any additional information deemed necessary by the Zoning Administrator to assure compliance with this section.

1.6.

Major Recreational Equipment, Parking and Storage. The parking or storage of major recreational equipment including, but not limited to, travel trailers, utility trailers, pickup campers or coaches, buses, motorized dwellings, tent trailers, boats and boat trailers, amphibious houseboats, or similar equipment normally used for recreational purposes shall be permitted as an accessory use in all residential districts, subject, however, to the following regulations and requirements:

1.

Such major recreational equipment shall not exceed 24 feet in length, eight feet in width, and 10 feet in height, exclusive of masts, antennas, vent-stacks, windshields, or other accessories.

2.

Such major recreational equipment shall not be used for living, sleeping, housekeeping or business purposes, nor shall such major recreational equipment be connected to any utility service, except for temporary periods solely for replenishing supplies or for the servicing or repair of equipment.

3.

Such major recreational equipment shall not be parked or stored within the setback requirements for accessory buildings in the residential district in which the lot is located.

4.

Site plans for residential developments that provide common parking areas, such as townhouse or apartment developments, shall show special provisions made for storage and screening for major recreational equipment. This equipment may not be stored in such developments unless in a designated storage area.

5.

Such major recreational equipment shall not be parked or stored in the front yard in any residential district.

6.

No street parking is allowed and any violation of this section shall be handled by the Loudoun County Sheriff Department.

7.

No recreational vehicles allowed under this section shall be advertised for sale to the public in any residential district.

1.7.

Commercial Vehicle Parking. The parking of any commercial vehicle, as defined by this Ordinance, in any residential district or on any street within the Town of Hamilton is prohibited.

1.8.

Inoperable Vehicles. It shall be unlawful for any person, firm, or corporation to keep any inoperable motor vehicle, trailer, or semi-trailer on any street, lot, or parcel of land, other than land zoned commercial or industrial, except within a fully enclosed building or structure or otherwise shielded from view by wall, hedge or other permanent structure. If the vehicle is undergoing restoration, proof of reasonable progress will be taken into consideration.

1.9.

Junk in Yards. No junk will be allowed in any district. See Article 16 for definition of junk.

1.10.

Satellite Dishes.

1.

In residential and nonresidential zoning districts, satellite dishes shall be allowed as follows: Satellite dishes with a diameter of one meter (39.37 inches) or less shall be permitted by right. However, in no event shall the satellite dish be located in the front setback.

2.

In nonresidential zoning districts, satellite dishes shall be allowed as follows: Satellite dishes with a diameter of more than one meter (39.37 inches) shall be permitted by right. In no event shall a satellite dish be located in the front setback.

a.

If located at ground level, a satellite dish shall be located only in a rear setback. The bottom of a satellite dish shall be no higher than two feet above the adjacent natural grade, and the top of a satellite dish shall be no higher than 12 feet above the adjacent natural grade. The satellite dish shall be set back at least five feet from any side property line and five feet from any rear property line, and on corner lots shall not project beyond the required side setback on the street side of the corner lot. Satellite dishes shall be screened from view from adjacent properties by new or existing plant material, obscuring fence or buildings on all sides except the side, oriented to the line of reception.

b.

If located on top of a flat-roofed building, the satellite dish shall be set back from the edge of the roof a distance equal to at least two times the height of the satellite dish. The top of the satellite dish shall be no higher than 12 feet above the roof. The satellite dish shall be screened on all sides except the side oriented to the line of reception by an element of the building or by a separate, permanently installed screen harmonizing with the building in material, color, size and shape. Screening shall be approved by the administrator.

c.

No lettering or advertising messages shall be painted on or attached to any satellite dish greater than one meter (39.37 inches) in diameter.

(Ord. of 12-14-2015(1))

2.1.

Purpose and Intent. There are certain uses that may be permissible on a temporary basis subject to the controls, limitations and regulations of this section. The following sections provide the procedures and criteria used by the Zoning Administrator in reviewing temporary use applications.

2.2.

Permitted Temporary Uses.

1.

Residential districts.

a.

Yard Sales.

2.

Non-Residential Districts.

a.

Yard Sales.

b.

Christmas tree sale.

c.

Carnival, circuit, festival, fair, dog show, horse show, fireworks show, tent revival or similar meetings.

d.

Outdoor retail sales event.

e.

Farmers market.

f.

Other similar temporary use.

2.3.

General Standards for Permitting Temporary Uses (other than yard sales).

1.

Adjacent uses shall be suitably protected from any adverse effects of the use, including noise and glare.

2.

The use shall not create hazardous conditions for vehicular or pedestrian traffic, or result in traffic in excess of the capacity of streets serving the use.

3.

Adequate refuse management, security, emergency services, and similar necessary facilities and services shall be available for the temporary use, and all necessary sanitary facilities shall be approved by the appropriate health agency.

4.

The site is suitable for the proposed use, considering flood hazard, drainage, soils and other conditions that may constitute a danger to life, health or property.

5.

The use shall not have a substantial adverse impact on the natural environment, including trees, ground cover and vegetation.

6.

A temporary use permit for such activities shall be issued for not more than thirty days, in any six-month period unless limited further in this section.

2.4.

Yard Sales.

1.

Off-street Parking. Adequate provision must be made for off-street parking and safe ingress and egress.

2.

Location. Such use shall be located on a lot having frontage on a major or minor arterial or a service drive for such roads or a limited access highway.

3.

Hours of Operation. The hours of operation shall be limited to daylight hours.

4.

Signs. One temporary sign may be permitted in accordance with this Zoning Ordinance. Signs for yard sales shall not be attached to trees or utility poles and shall be removed within 24 hours of end of sale.

2.5.

Christmas Tree Sales.

1.

Off-street Parking. Adequate provision must be made for off-street parking and safe ingress.

2.

Location. Such use shall be located on a lot having frontage on a major or minor arterial or a service drive for such roads or a limited access highway.

3.

Hours of Operation. The hours of operation shall be limited to daylight hours, provided, however, night operations up to 9:00 p.m. may be permitted for Christmas tree sales in nonresidential districts with a lighting plan approved by the Zoning Administrator.

4.

Signs. One temporary sign may be permitted in accordance with this Zoning Ordinance.

2.6.

Carnival, Circus, Festival, Fair, Dog Show, Horse Show, Outdoor Retail Sales Event, Fireworks Show, Tent Revival or Similar Meetings.

1.

Duration. A temporary use permit for such activities shall be issued for not more than five consecutive days, in any six (6) month period.

2.

Location. No such activity shall be located closer than 300 feet to a residential use.

3.

Off-street parking, safe ingress and egress must be provided and approved by the Zoning Administrator.

4.

Hours of Operation. Such activities are permitted only between the hours of 8:00 a.m. and 10:00 p.m., Monday through Saturday and 8:00 a.m. and 8:00 p.m. on Sundays. The Zoning Administrator may require that no activity, including set-up or knock-down of an activity shall be permitted between 10:00 p.m. and 8:00 a.m. Monday through Saturday or before 9:00 a.m. or after 9:00 p.m. on Sunday.

5.

Illumination. Night operations shall be permitted only if there is a lighting plan approved by the Zoning Administrator that provides for safe lighting without excessive glare into residential areas or onto public streets.

6.

Signs. One temporary on-site sign, advertising the activity and two on-site direction signs for ingress and egress may be permitted in accordance with this Zoning Ordinance.

1.

Disturbing a site area of 2,500 square feet or greater.

2.

A depth of grading or re-grading of eighteen (18) inches or more.

3.

The grading or re-grading of a site that is adjacent to a natural drainage area, whether or not defined as a floodplain, or impacts in any manner on the drainage area to serve its natural function of transporting storm drainage to a natural unobstructed outfall.

4.

Redirection of natural drainage.

5.

Prior to the clearing of vegetation from any site, the Zoning Administrator shall visit the site to determine if storm water management will be affected, and what erosion/siltation control measures should be applied. A site-grading plan shall be submitted and reviewed pursuant to Article 10, Section 3.

4.1.

Residential Daycare or Home Child Care.

1.

Maximum enrollment shall not exceed five (5) at any one time, exclusive of provider's own children.

2.

No such use shall be permitted unless it is determined by Loudoun County Department of Environmental Health that the location and design does not pose any hazard to the health, safety and welfare of the children.

3.

Landscape treatment and screening requirements of Article 9 shall not apply except that recreation areas shall be screened and fenced as required by the Zoning Administrator.

4.

All applications shall contain the following:

a.

The dimensions, boundary lines and area of the lot or parcel.

b.

The location, dimensions and height of any building, structure, or addition, whether existing or proposed.

c.

The distance from all property lines to the existing or proposed building, structure or addition, shown to the nearest foot.

d.

The dimensions and size of all outdoor recreation space and the location of such space in relation to all lot lines.

5.

All such uses shall be subject to applicable County and State regulations specifically Sec. 63.2-100 of the Code of Virginia, as amended.

4.2.

Nursery Schools, Kindergartens, Child Care Centers, Day Nurseries, or Day Care Centers.

1.

Maximum enrollment of 100 students daily.

2.

Compliance with the minimum lot size requirements per the zoning district in which located.

3.

A minimum area of 100 sq. ft. per child shall be provided for usable outdoor recreation for each child that may use the space at any one time. Such area shall be delineated on a plat submitted at the time the application is filed and subject to the following limitations.

a.

That the usable outdoor recreation area not be covered by buildings or be part of required parking spaces.

b.

Only that area which is developable and practically usable for active outdoor recreation purposes.

c.

An area which occupies no more than eighty (80) percent of the combined total areas of the required rear and side yards and may only be located in rear and/or side yards.

4.

For each child enrolled, indoor recreation space shall be provided at the rate of 75 sq. ft. for active children and 50 sq. ft. for infants.

5.

All uses described in this section and located to have direct access to an existing or planned public street shall be required to perform a Traffic Impact Analysis to ensure the existence of the transportation infrastructure can accommodate the proposal.

6.

All such uses shall be located so as to permit the pick-up and discharge of all persons on the site.

7.

No such use shall be permitted unless it is determined by the Loudoun County Department of Environmental Health that the location and design does not pose any hazard to the health, safety and welfare of the children.

8.

A landscape and screening plan shall comply with Article 9.

9.

All uses under this Section are subject to Article 10, Special Use Permits and Commission Permits.

4.3.

Private Schools, Technical or Business Schools, Colleges or Universities.

1.

In addition to complying with the minimum lot size requirements of the zoning district in which located, the minimum lot area for a private school of general education shall be of such size that:

a.

200 square feet of usable outdoor recreation shall be provided for each child in grades K-3 that may use the space at any one time; and

b.

430 square feet of usable outdoor recreation area shall be provided for each child in grades 4-12 that may use the space at any one time.

2.

Such usable outdoor recreation area shall be delineated on a plat submitted at the time the application is filed and subject to the following limitations:

a.

That the usable outdoor recreation area not be covered by buildings or be part of required off-street parking spaces.

b.

That area shall be outside the limits of the required front yard.

c.

Only that area which is developable and practically usable for active outdoor recreation purposes.

d.

An area which occupies no more than eighty (80) percent of the combined total areas of the required rear and side yards and may only be located in the rear and/or side yards.

3.

The minimum lot area for a private school, college or university shall be based upon enrollment and shall be a determination of the Town Council.

4.

All other regulations relative to bulk shall be subject to Article 8.

5.

All uses under this Section are subject to Article 10, Special Use Permits and Planning Commission Permits.

6.

For each person enrolled, indoor recreation space shall be provided at the rate of 75 sq. ft. and such other requirements as determined by the Loudoun County Department of Environmental Health and the State of Virginia.

7.

All uses described in this section and located to have direct access to an existing or planned public street shall be required to perform a Traffic Impact Analysis to ensure the existence of the transportation infrastructure can accommodate the proposal.

8.

All such uses shall be located so as to permit the pick-up and discharge of all persons on the site.

9.

No such use shall be permitted unless it is determined by the Loudoun County Department of Environmental Health that the location and design does not pose any hazard to the health, safety and welfare of the children.

10.

In addition to the requirements of Article 10, all applications shall be accompanied by ten (10) copies of a plan drawn to scale. The plan shall contain the below information in addition to that required by Article 10:

a.

The dimensions, boundary lines, and area of the lot or parcel.

b.

The location, dimensions. and height of any building, structure, or addition, whether existing or proposed.

c.

The distance from all property lines to the existing or proposed building, structure, or addition, shown to the nearest foot.

d.

The dimensions and size of all outdoor recreation space and the location of such space in relation to all lot lines.

5.1.

General Provisions.

1.

Applicability.

a.

No approved special use permit hereafter established, altered, modified or enlarged shall be operated or designed so as to conflict with the applicable performance standards established by this Section except as qualified below.

b.

Any existing use that complies with the applicable performance standards of this Section on the effective date of this Section shall continue to so comply. If, at such time, the operations of any lawful existing use violate any of the applicable performance standards of this Section, such operations shall not be varied or changed in such a way as to increase the degree of such violation.

c.

Any use which is a lawful non-conforming use and which, on the effective date of this Section, complies with the applicable performance standards of this Section, shall continue to comply. If, at such time, the operations of such lawful non-conforming use violate the specified standards, such operations shall not be varied or changed in such a way as to increase the degree of such violation.

5.2.

Air Pollution Standard. Any activity, operation or device which causes or tends to cause the release of air contaminants into the atmosphere shall comply with the rules and regulations of the state and other applicable local regulations.

5.3.

Fire and Explosion Hazard Standard. All operations, activities and use shall be conducted so as to comply with the Fire Prevention Code.

5.4.

Liquid and Solid Waste Standard. Any activity, operation or device which causes or tends to cause the discharge or other release of liquid or solid waste into public sanitary sewers, storm drains or public waters shall comply with applicable laws, rules and regulations governing such discharge, release including but not limited to the Federal Water Pollution Control Act; the Virginia Water Control Law; and the applicable Loudoun County regulations that pertain to sewers and sewage disposal, pollution of state waters, maintenance and cleanliness of storm drainage facilities, garbage, trash and refuse and erosion and sediment control.

5.5.

Noise Standard. No use, operation or activity shall cause or create noise in excess of the sound levels generally described as acceptable. It shall be unlawful for any person to operate or permit to be operated any noise source in such a manner as to create a sound level which exceeds the limits set forth in the following tables, except for extraction and minimal special exception operations otherwise regulated herein. In addition, before 7 a.m. and after 9 p.m., Monday through Saturday and before 8 a.m. and after 9 p.m. on Sunday, the permissible sound levels, at residential district boundaries where they adjoin nonresidential districts, shall be reduced by 5 dBA in the table for impact noises.

1.

Methods of Measurement.

a.

Noise levels shall be measured with a sound level meter and shall meet or exceed performance standards for a "Type Two" meter, as specified by the American National Standards Institute.

b.

Noise levels shall be recorded as A-weighted sound pressure level. The level so read shall be postscripted dBA.

2.

Maximum Sound Levels (dBA). Measurements of noise levels shall be taken at the property boundary of the noise source. Where differing zoning districts abut, the more restrictive limits shall apply.

a.

Maximum dBA, Continuous Noise.

i.

Residential 55.

ii.

Commercial 60.

iii.

Industrial 70.

Continuous noise shall be measured using the slow meter response of the sound level meter.

b.

Maximum dBA, Impact Noise.

i.

Residential 60.

ii.

Commercial 70.

iii.

Industrial 80.

Impact noise shall be measured using the faster meter response of the sound level meter. Impact noises are intermittent sounds of a single pressure peak or a single burst (multiple pressure peaks) for a duration usually less than one second. Examples of impact noise sources are a punch press, drop forge hammer, or explosive blasting.

3.

Exemptions.

a.

Sound created by the operation of power equipment, such as power lawn mowers, chain saws, and similar equipment, between the hours of 7 a.m. and 9 p.m. shall not be regulated by these noise standards.

5.6.

Glare Standard.

1.

Required Performance Level. All uses, operations and activities shall be conducted so as to comply with the performance standards governing glare prescribed below.

2.

Method of Measurement. Illumination levels shall be measured with a photoelectric photometer having a spectral response similar to that of the human eye, following the standard spectral luminous efficiency curve adopted by the International Commission on Illumination.

3.

General Requirements. Uses subject to Group I and Group II standards shall not produce glare so as to cause illumination in R districts in excess of 0.5 candles. Flickering or bright sources of illumination shall be controlled so as not to be a nuisance in R districts.

4.

Group I and Group II Standards. Uses subject to Group I and Group II standards shall limit the use of light sources and illumination surfaces which are located in or are within 500 feet of and visible within any R district so as to comply with the light intensities indicated in Table III below.

TABLE III. MAXIMUM INTENSITY OF LIGHT SOURCES

TABLE IV. REQUIRED PERFORMANCE STANDARDS (GROUP I OR GROUP II)

6.1.

Clustering Permitted. Clustering of detached single-family lots and provision of public or private common open space in a subdivision is permitted in the R-1, R-2 and R-3 residential districts by the terms of this Ordinance. Maximum lot area in a cluster subdivision and dimensions for any lot are specified herein. Use of a design that incorporates common open space shall be at the option of the owner or his agent. This design alternative is intended to encourage permanent reservation of open space and an efficient and improved use of the land to provide good building sites by taking advantage of topography and minimizing grading or destruction of natural vegetation. Plans shall not be approved where the clear purpose of the design is to subvert the purposes of these regulations by inclusion of excessively unbalanced distribution of land among lots or inclusion of open spaces which are inappropriately located or which will not contribute to the future amenity of the subdivision.

6.2.

Procedures - Site Plan Required. A site plan complying with the requirements of Article 13 and the rules of the Planning Commission adopted thereunder shall accompany an application for a permitted cluster subdivision under this Section. Procedures for review and decision shall be those specified for administrative site plan review under Article 12. In addition, the proposed development shall follow all applicable procedures, standards, and requirements governing the subdivision of land.

6.3.

Minimum Project Area. The minimum area of the subdivision shall be sufficient to accommodate at least two lots of minimum area and include a minimum usable area of open space in a singular parcel of one-half acre.

6.4.

Re-subdivision. No re-subdivision or sale by any means shall be permitted in a subdivision approved under this section, which re-subdivision or sale would in any way create a violation of this Ordinance.

6.5.

Flood Plain and Water Areas. No more than 30 percent of the required minimum area of any lot shall be located in a flood plain area and no part of the area of any lot shall be covered by any body of water except that no more than 30 percent of the required minimum area of any lot may be covered by the waters of a lake, pond, or canal planned and approved as a part of and wholly within the subdivision.

6.6.

Reduction of Lot Area, Lot Width and Yard Areas Permitted.

1.

Lot Clustering. For cluster subdivisions any reduction in lot area below the minimum lot area shall be fully offset through the provision of an equivalent amount of public or private open space. Where proposed building site outlines are shown on an application for cluster subdivision the minimum lot area, lot width, lot depth, and yard dimensions shall be as follows provided that public water and sewer service are utilized in the R-1, R-2 and R-3 Residential Districts:

a.

R-1 Residential District

Base Minimum Lot Area: 40,000 square feet

Cluster Minimum Lot Area: 20,000 square feet

Minimum Lot Width: 100 feet

Minimum Lot Depth: 200 feet

Minimum Front Yard: 25 feet

Minimum Side Yard: 10 feet

Minimum Rear Yard: 30 feet

b.

R-2 Residential District

Base Minimum Lot Area: 15,000 square feet

Cluster Minimum Lot Area: 10,000 square feet.

Minimum Lot Width: 75 feet

Minimum Lot Depth: 100 feet

Minimum Front Yard: 20 feet

Minimum Side Yard: 7.5 feet

Minimum Rear Yard: 25 feet

c.

R-3 Residential District

Base Minimum Lot Area: 10,000 square feet

Cluster Minimum Lot Area: 7,000 square feet

Minimum Lot Width: 60 feet

Minimum Lot Depth: 90 feet

Minimum Front Yard: 25 feet

Minimum Side Yard: 7.5 feet

Minimum Rear Yard: 20 feet

6.7.

Compatibility with Developed Properties. An average lot area or cluster subdivision shall be designed to promote harmonious relationships with surrounding adjacent and nearby developed properties and to this end may employ such design techniques as may be appropriate to a particular case, including coordination of yard dimensions, location of lots of various sizes, location of buildings with respect to project boundary lines, location of open spaces and maintenance of vegetation.

6.8.

Public Facilities and Open Spaces. Land or easements for public facilities or open space shall be dedicated, conveyed or granted in accordance with the requirements of this Article and laws and ordinances governing the subdivision of land.

6.9.

Maintenance of Common Ownership Properties. Provision shall be made for the designation, ownership, and maintenance of common ownership properties in accordance with the requirements of Article 9, Section 6.

6.10.

Preservation of Landscape Amenities. The preservation of waterways, natural vegetation, and particularly mature trees, on steep slopes and in stream valleys, should be recognized as a primary design consideration in review and approval of an application under this section. Failure to exercise due care in maintenance of landscape amenities in accordance with approved plans shall be considered a violation of this Ordinance.

(Ord. of 12-14-2015(1))

1.

Short Term Rental shall be accessory only to household living use as defined in Article 16: Definitions, and shall be allowed only where:

a.

The dwelling unit is used by the resident of the dwelling unit as his/her primary residence, which means that he or she resides there for at least 185 days during each year; and

b.

The bedroom(s) rented to overnight lodgers shall be within the main building of the dwelling unit that the resident occupies as his/her primary residence and shall not be in a detached accessory building.

2.

Maximum number of overnight lodgers: The maximum number of overnight lodgers on any night shall be determined based on the greater of six (6) lodgers, or two (2) lodgers per number of bedrooms in the dwelling, provided, however, under no circumstances shall the number of lodgers exceed that allowed by the Loudoun County Building Code.

3.

Safety: A Short Term Rental shall have working fire extinguishers, smoke detectors and, if applicable, carbon monoxide detectors, and all such equipment shall be accessible to all overnight lodgers at all times. The applicant shall have all fire extinguishers and detection equipment inspected and certified annually.

4.

Guest Room: Any sleeping room used for a Short Term Rental shall have met the requirements for a sleeping room at the time it was created or converted pursuant to the Loudoun County Building Code.

5.

Meetings or gatherings: Including but not limited to, luncheons, banquets, parties, weddings, meetings, charitable fundraising, commercial or advertising activities, or other gatherings for direct or indirect compensation are prohibited.

6.

County & State Code: A Short Term Rental shall comply with requirements of the applicable version of the Virginia Uniform Statewide Building Code USBC Parts I, II, and III, (as authorized by Code of Virginia of 1950, as amended, § 36-98), as determined by the Loudoun County Building Official.

7.

Residential Character: The Short Term Rental shall have no more effect on adjacent properties than normal residential use and the Short Term Rental will be subordinate to the principal use of the premises for dwelling purposes.

8.

Signage: There shall be no evidence on the exterior of the premises or visible from the exterior of the premises that the property is used in any way other than for a dwelling. No advertisements or signage is permitted for the Short Term Rental on the building or on any accessory structure or on the premises. There shall be no outside display, storage or sale of merchandise or equipment.

9.

Traffic: No traffic shall be generated by such Short Term Rental in greater volumes than would normally be expected in a residential neighborhood. Any need for parking generated by the Short Term Rental shall be met by using off-street parking in a manner that protects the residential character of the area and the visual appearance of the residence.

10.

Nuisance: The owner shall manage guests of the Short Term Rental to prevent excessive noise, traffic, nuisance, safety hazards and other potential adverse impacts to adjacent property owners.

11.

The Short Term Rental location shall be open to inspection by the Town Zoning Administrator.

(Ord. of 4-9-2018)