(a)

Public maintenance and service facility.

(1)

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

(2)

Outside storage areas shall not exceed 35 percent of the total area of the site.

(b)

Recreation facility, public.

(1)

General standards: Any outdoor activity area, swimming pool, ball field, or court which adjoins a residential use type shall be landscaped according to article XIX of this chapter.

(2)

Where nighttime lighting is proposed it shall be fully shielded and large evergreen trees shall be required to appropriately screen adjoining residences. Any such night-time lighting shall also be constructed in accordance with standards for a residential district described in section 58-20.11 of this chapter.

(Ord. No. 2021-002, 11-23-2021)

(a)

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

(1)

All vehicles stored on the premises in excess of 72 hours shall be placed in a storage yard.

(2)

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

(3)

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

(4)

Parking shall be located to the rear of the principal building.

(5)

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

(b)

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(c)

Clubs. All clubs shall comply with the following general standards:

(1)

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

Additional standards in the R-2 district:

(1)

The building design shall be compatible with the surrounding neighborhood. The structure shall be street oriented with pedestrian entrances from the street.

(2)

Applicants must clearly demonstrate the use will be compatible with the neighborhood, including consideration of traffic circulation, parking, and appearance.

(3)

Exterior lighting shall comply with the standards outlined in article XX of this chapter.

(d)

Commercial recreation.

(1)

Commercial outdoor sports and recreation areas shall have the appropriate landscaping and screening in accordance with article XX of this chapter.

(2)

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

(e)

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

(1)

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

(2)

Outside storage areas shall not exceed 25 percent of the total site area.

(f)

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

(1)

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

(2)

Minimum lot size: One acre.

(3)

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

(4)

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

(5)

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

Additional standards for the B1 district:

(1)

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

(2)

Maximum lot coverage: Forty-five percent including building and all paved areas.

(g)

Dog day care center.

(1)

The operator shall maintain all facilities within a fully enclosed structure that is adequately soundproofed and constructed so there is no detriment to other property in the area.

(2)

Prior to occupancy, the operator shall provide certification from an acoustical engineer licensed to practice in Virginia that the interior noise of the accessory kennel use has been attenuated not to exceed 65 dBA at the property line or within 25 feet of the premises, whichever is less.

(3)

Prior to occupancy, the facility shall be inspected for compliance with applicable use regulations and/or additional conditions of approval.

(4)

A waste containment system shall be provided and connected to the sanitary sewer system. The dog play area shall be designated to prevent illicit discharge into the stormwater management system.

(5)

Heating, ventilation, and air conditioning for doggy day care shall be designated to be independent from any other use(s) in a multi-tenant building.

(6)

The operator shall comply with Code of Virginia, Chapter 65 Comprehensive Animal Care.

(h)

Restaurant, drive-thru/drive in facilities. The following general standards shall apply to all drive-thru facilities:

(1)

All drive-thru entrances must be at least 50 feet from an intersection. The distance is measured along the property line from the junction of the two street lot lines to the nearest edge of the entrance.

(2)

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

(3)

Off-street stacking spaces shall be provided in accordance with the following requirements:

a.

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

b.

Stacking spaces shall be at a minimum of 18 feet in length.

c.

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

d.

Off-street stacking spaces shall be provided in accordance with the following table:

The following standards shall apply to all drive-in facilities:

(1)

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

(2)

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

(3)

Six stacking spaces shall be located behind the order speaker and four stacking spaces shall be located between the order speaker and the pickup window.

(4)

Extended awnings, canopies, or umbrellas are permitted.

(i)

Entertainment establishment, adult (sexually oriented business).

(1)

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

(2)

Findings and rationale. Based on evidence of the adverse secondary effects of adult uses presented in hearings and in reports made available to the town council, and on findings, interpretations, and narrowing constructions incorporated in the cases of City of Littleton v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774 (2004); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); City of Erie v. Pap's A.M., 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 427 U.S. 50 (1976); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue, 409 U.S. 109 (1972); N.Y. State Liquor Authority v. Bellanca, 452 U.S. 714 (1981); and Imaginary Images, Inc. v. Evans, 612 F.3d 736 (4th Cir. 2010); Independence News, Inc. v. City of Charlotte, 568 F.3d 148 (4th Cir. 2009); McDoogal's East, Inc. v. County Comm'rs of Caroline County, 341 F. App'x 918 (4th Cir. 2009); Allno Enters., Inc. v. Baltimore County, 10 F. App'x 197 (4th Cir. 2001); Steakhouse, Inc. v. City of Raleigh, 166 F.3d 634 (4th Cir. 1999); D.G. Restaurant Corp. v. City of Myrtle Beach, 953 F.2d 140 (4th Cir. 1991); Wall Distributors, Inc. v. City of Newport News, 782 F.2d 1165 (4th Cir. 1986); Boyd v. County of Henrico, 42 Va. App. 495, 592 S.E.2d 768 (2004) (en banc); and Peek-a-Boo Lounge of Bradenton, Inc. v. Manatee County, - F.3d - 2011 WL 182819 (11th Cir. Jan. 21, 2011); Flanigan's Enters., Inc. v. Fulton County, 596 F.3d 1265 (11th Cir. 2010); East Brooks Books, Inc. v. Shelby County, 588 F.3d 360 (6th Cir. 2009); Entm't Prods., Inc. v. Shelby County, 588 F.3d 372 (6th Cir. 2009); Sensations, Inc. v. City of Grand Rapids, 526 F.3d 291 (6th Cir. 2008); World Wide Video of Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004); Ben's Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003); Daytona Grand, Inc. v. City of Daytona Beach, 490 F.3d 860 (11th Cir. 2007); Williams v. Morgan, 478 F.3d 1316 (11th Cir. 2007); H&A Land Corp. v. City of Kennedale, 480 F.3d 336 (5th Cir. 2007); Illinois One News, Inc. v. City of Marshall, 477 F.3d 461 (7th Cir. 2007); G.M. Enterprises, Inc. v. Town of St. Joseph, 350 F.3d 631 (7th Cir. 2003); Richland Bookmart, Inc. v. Knox County, 555 F.3d 512 (6th Cir. 2009); Richland Bookmart, Inc. v. Nichols, 137 F.3d 435 (6th Cir. 1998); Spokane Arcade, Inc. v. City of Spokane, 75 F.3d 663 (9th Cir. 1996); City of New York v. Hommes, 724 N.E.2d 368 (N.Y. 1999); For the People Theatres of N.Y., Inc. v. City of New York, 793 N.Y.S.2d 356 (N.Y. App. Div. 2005); Taylor v. State, No. 01-01- 00505- CR, 2002 WL 1722154 (Tex. App. July 25, 2002); Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005); Z.J. Gifts D-4, L.L.C. v. City of Littleton, Civil Action No. 99-N-1696, Memorandum Decision and Order (D. Colo. March 31, 2001); People ex rel. Deters v. The Lion's Den, Inc., Case No. 04-CH-26, Modified Permanent Injunction Order (Ill. Fourth Judicial Circuit, Effingham County, July 13, 2005); Reliable Consultants, Inc. v. City of Kennedale, No. 4:05-CV-166-A, Findings of Fact and Conclusions of Law (N.D. Tex. May 26, 2005); and based upon reports concerning secondary effects occurring in and around sexually oriented businesses, including, but not limited to, Austin, Texas - 1986; Indianapolis, Indiana - 1984; Garden Grove, California - 1991; Houston, Texas - 1983, 1997; Phoenix, Arizona - 1979, 1995-98; Chattanooga, Tennessee - 1999-2003; Los Angeles, California - 1977; Whittier, California - 1978; Spokane, Washington - 2001; St. Cloud, Minnesota - 1994; Littleton, Colorado - 2004; Oklahoma City, Oklahoma - 1986; Dallas, Texas - 1997; Ft. Worth, Texas - 2004; Kennedale, Texas - 2005; Greensboro, North Carolina - 2003; Amarillo, Texas - 1977; Jackson County, Missouri - 2008; Louisville, Kentucky - 2004; New York, New York Times Square - 1994; the Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota); Dallas, Texas - 2007; "Rural Hotspots: The Case of Adult Businesses," 19 Criminal Justice Policy Review 153 (2008); "Social Change and Crime Rate Trends: A Routine Activity Approach," 44 American Sociological Review 588-608 (1979); Duncan Associates, Survey of Florida Appraisers (2007); Texas City Attorneys Association, Survey of Texas Appraisers and Crime-Related Secondary Effects (2008); "Background Analysis and Recommendations: Zoning Amendments Related to Sex Businesses," Manassas, Virginia - 2010; and "Everything You Always Wanted to Know About Regulating Sex Businesses," American Planning Association, 2000, the Town Council finds:

a.

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

b.

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

c.

Each of the foregoing negative secondary effects constitutes a harm, which the town has a substantial government interest in preventing and/or abating. This substantial government interest in preventing secondary effects, which is the town's rationale for this chapter, exists independent of any comparative analysis between sexually oriented and non-sexually oriented businesses. Additionally, the town's interest in regulating sexually oriented businesses extends to preventing future secondary effects of either current or future sexually oriented businesses that may locate in the town. The town finds that the cases and documentation relied on in this chapter are reasonably believed to be relevant to said secondary effects.

The Town hereby adopts and incorporates herein its stated findings and legislative record related to the adverse secondary effects of sexually oriented businesses, including the judicial opinions and reports related to such secondary effects.

The following general standards shall apply to all adult entertainment establishments:

(1)

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

(2)

An adult entertainment establishment shall be located at least 350 feet from any religious assembly, education facility, public recreational facility, day care center, public assembly, cultural services, home for adults, life care facility, or residential zoning district in existence on the date on which the establishment obtains its zoning permit.

(3)

Any protected use listed in subsection (2) of this section may begin operation within 350 feet of a sexually oriented business only if the owner of the protected use, in addition to any other requirements of this Code, gives the town a written statement that it acknowledges the presence of the sexually oriented business(es) and voluntarily waives the protection of subsection (c) of this section as to the sexually oriented business(es) for as long as the sexually oriented business(es) or any successor thereto remains. This written statement does not waive the protection of this section as to any sexually oriented business established or relocated after the written statement. If a sexually oriented business is discontinued for a period of two years or more, then it must comply with the setback requirements of this section regardless of any such written statements by protected uses.

(4)

No adult entertainment establishment shall be located within 1,000 feet of any adult store or other adult establishment.

(5)

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

(6)

Exterior lighting shall be installed in accordance with section 58-20.12 of this chapter to illuminate the parking area, walkways, and all entrances to the establishment.

(7)

Hours of operation shall not extend after 1:00 a.m.

(j)

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

(1)

Exterior lighting shall be compatible with the surrounding neighborhood.

(2)

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

(3)

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

(k)

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

(1)

The funeral home shall have a buffer between it and any residentially zoned property abutting or directly across the street from the funeral home use as specified in section 58-19.8 through 58-19.12 of this chapter.

Additional standards in the B-1 district:

(2)

Loading areas shall be sited in such a way so as to minimize the impact on any surrounding uses. Sufficient screening meeting the standards of section 58-19.8 through 58-19.12 of this chapter shall be provided.

(l)

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(m)

Home occupations. All home occupations shall be subject to the following general standards:

(1)

Signs shall not exceed one square foot and shall be limited to one.

(2)

No outside storage shall be permitted. Commercial deliveries and pick-ups of supplies associated with the use shall be limited to not more than two per day and shall be made only during business hours.

(3)

The area devoted to the home occupation shall not exceed 25 percent of the gross floor area of the dwelling unit.

(4)

Use shall be conducted as an accessory use entirely within a single-family detached dwelling unit and shall not change the character of the dwelling unit nor have any exterior evidence of its use.

(5)

Hours of operation, excluding tutoring, education, or training, shall be limited to between 7:00 a.m. and 7:00 p.m. Monday through Friday, 9:00 a.m. to 7:00 p.m. Saturday and Sunday. Hours of operation for tutoring, education or training shall be limited to between 7:00 a.m. and 9:00 p.m. Monday through Friday, 9:00 a.m. to 9:00 p.m. Saturday and Sunday.

(6)

Customers shall be received by appointment only. No more than five customers per day and no more than one customer at a time shall be scheduled, however, this shall not apply to adult daycare and tutoring. A customer shall be deemed: An individual or a group of individuals that arrive as a single unit at a destination usually by means of a motor vehicle.

(7)

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

(8)

The property on which the home occupation is conducted shall not have any parking spaces added to it during the time the home occupation is being conducted.

(9)

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

(10)

The operator of a home employment use shall secure a business license, an application for a home employment, and certificate of occupancy in advance of commencing the use.

(11)

An application for a home occupation use, in addition to other items that may be required for combined permits, shall include:

a.

A filing fee;

b.

A copy of the latest deed or lease agreement;

c.

A copy of the plat or house location survey;

d.

A drawing showing the floor area of the home and identifying the total area that will be subject to the proposed home employment use;

e.

A statement identifying the proposed hours of operation, the estimated number of patrons, and any other information to help describe the proposed home employment use; and

f.

Any further information or documentation required to demonstrate compliance with the provisions of this section.

(12)

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

(13)

Approval of a home employment use shall stand revoked, without any action by the town, if the use authorized has been intentionally abandoned, has ceased for a period of one year, or has not commenced within one year of approval.

(14)

There shall be provided either in a garage, driveway or designated lot, space for the parking of business and customer vehicles.

(15)

Retail sales are prohibited, and goods, stock in trade or other commodities shall not be displayed.

(n)

Microbrewery.

(1)

The Microbrewery prepares handcrafted beers, and/or other malt beverages, distributed for on-site consumption and/or off-premises consumption in hand-capped or sealed containers in quantities up to one-half barrel (15.5 gallons), up to a maximum of 5,000 barrels (31 gallons per barrel) per year.

(2)

All brewing ingredients shall be stored indoors, in sealed containers, off the floor, and in accordance with all applicable Health Department regulations.

(3)

All exhaust from the brewing process shall be collected in a non-venting, stack condenser-type system and not vented directly into the atmosphere.

(4)

Any spent grains intended for pick-up or delivery for use as feed shall be stored in sealed containers and kept indoors prior to pick-up/delivery.

(5)

Any dumpsters where spent grains or other biproduct of the brewing process are disposed of shall be secured so as to block odors and prevent rodent infiltration.

(6)

A microbrewery shall be separated from a public school by a minimum of 200 feet.

(7)

Special exception. Microbreweries shall require special exception approval in the following cases:

a.

The proposed microbrewery does not comply with all four of the standards for a microbrewery set forth in section 58-21.2(o).

b.

Storage silos may only be permitted by special exception.

(o)

Hotel. The following general standards shall apply to all hotels

(1)

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

(2)

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

(3)

Development adjacent to residentially zoned property shall have increased screening and landscaping standards as determined by the planning commission during the site plan process.

(p)

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

(1)

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

(2)

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

Additional standards in B-2 district.

(1)

The hours of operation may be restricted through the special use permit process.

(q)

Pawn shop.

(1)

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

(2)

Exterior lighting shall be installed in accordance with section 58-20.13 of this chapter to illuminate the parking area, walkways, and all entrances to the establishment.

(r)

Restaurant, mobile food unit. The following general standards shall apply to all mobile food units:

(1)

Town business license is required. When applying for a town business license, the owner/applicant must present a health inspection and safety inspection report that is no more than one year old prior to the date of application.

(2)

Mobile food units may be located on either public property or private commercially zoned property with written permission from the owner.

(3)

Must park in designated locations or areas that do not block pedestrian or vehicular traffic.

(4)

Signage is limited to the vehicle, or a sandwich board type sign located within the immediate vicinity of the business.

(5)

May not be located within 100 feet of a business entrance that sells food for consumption.

(6)

Vehicles may be limited by the town depending upon the location or event

(7)

Trash receptacles and removal shall be required.

(8)

No audio amplification is permitted.

(s)

Retail. The following general standards shall apply to all retail uses:

(1)

No outdoor display of goods shall be permitted.

(t)

Shooting range, indoor.

(1)

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

(2)

Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance. Drop-off areas may be located in the front yard but shall maintain a residential character and appearance.

(3)

Exterior lighting shall be compatible with the surrounding neighborhood.

(4)

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

(5)

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

(6)

The structure shall be street oriented with pedestrian entrances from the street.

(u)

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

(1)

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

(2)

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

(3)

No outdoor display of goods shall be permitted.

(v)

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

(1)

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

Additional standards for the B-1 district:

(1)

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

(2)

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

(3)

Lighting shall be consistent with the surrounding neighborhood.

(w)

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

(1)

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

(2)

Exterior lighting shall be compatible with the surrounding neighborhood.

(3)

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

(4)

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

(x)

Wholesale sales.

(1)

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

(2)

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

(Ord. No. 2021-002, 11-23-2021)

(a)

Industrial, light.

(1)

The use, storage, and disposal of hazardous materials shall meet all applicable federal, state, and local codes.

(2)

Accessory outdoor storage up to ten percent of the building area may be permitted. Outdoor storage shall be located to the rear of the principal building.

(Ord. No. 2021-002, 11-23-2021)

(a)

Honeybee accessory use. The keeping of honeybees is allowed as an accessory use to a residential principal use in the R-1 district and shall be kept according to the following regulations.

Use:

(1)

The minimum lot size required to keep honeybees is one acre, for a maximum of four hives.

(2)

Property owners must obtain HOA approval.

Structure:

(1)

More than four beehives may be kept provided there is 2,500 square feet per additional hive.

(2)

Hives shall consist of no more than three boxes per hive. Each box shall not exceed 19⅞ inches in length, by 16¼ inches in width, and 9⅝ inches in depth. If a skep, barrel, log gum, or other container are used instead of boxes for a hive, the dimensions shall not exceed the limits given in item (3).

(3)

Stacking is limited to two beehive boxes.

Location:

(1)

Hives shall not be located in a front or side yard.

(2)

Hives shall be setback ten feet from a street, sidewalk, or adjacent lot lines; 20 feet from the principal dwelling unit on the property; 50 feet from any childcare center, educational center, assisted living facility or any penned, tethered, kenneled, or confined animal.

Care and maintenance:

(1)

Hives shall be kept so that combs can be removed for inspection and shall be maintained in usable condition.

(2).

There shall be one adequate and accessible water source provided on site and located within 50 feet of the beehive(s). Water shall be clean and maintained too not be stagnant.

(3)

A flyway barrier shall be erected at six feet in height parallel to the lot line between the hive opening and the adjacent property lot line within 15 feet. The flyway shall be a solid fence, dense vegetation, or combination thereof and be maintained so that bees are forced to fly at least six feet or higher from the ground.

Penalties:

(1)

Non-compliance will result in action according to article VI of this chapter.

(b)

Domestic chickens accessory use. Domestic chickens are permitted in R-1 zoning districts for the sole purpose of producing eggs. The keeping of domestic chickens shall be in accordance with the following regulations. This section does not allow for the keeping of guinea fowl, peacocks, ducks, geese, game birds, pheasants, or other domestic fowl.

Use:

(1)

The minimum lot size for the keeping of chickens shall be 1 acre or greater, and only acceptable in the R-1 zoning district.

(2)

The maximum number of chickens allowed is four hens. No roosters or capons shall be allowed.

(3)

Property owners must obtain HOA approval.

Structure:

(1)

Chicken coop minimums and maximums are 32 sq. ft. and 64 sq. ft., respectively.

(2)

Chicken runs should allow for a minimum of six square feet per bird and be attached to the chicken coop so that chickens can access the run directly from the coop.

(3)

Coops shall be located a minimum of 50 feet from any storm drain or RPA stream.

(4)

Coops shall be located ten feet from any property line and not located in a front or side yard.

(5)

Coops shall be located a minimum 10 feet from the principal dwelling on the property.

(6)

Owner must fence their entire property before obtaining chickens.

Care and maintenance:

(1)

Chickens shall only be kept and raised for the production of eggs. Slaughtering chicken on the property is prohibited. Commercial activities such as selling eggs or selling chickens for meat shall be prohibited.

(2)

Chicken coops should be predator proof, well ventilated, provide adequate shade and sun, and shall be designed to be easily accessed to clean. All chickens shall be cooped overnight. The structure shall be enclosed on all sides (minimum four feet high), have a roof, and at least one access door.

(3)

Clean water shall be provided at all times, and feed shall be kept secure so as to prevent the attraction of rodents or other animals.

(4)

All structures for chickens shall be kept clean and in a sanitary condition at all times so as to prevent odors detectable at or beyond the property lines. No person shall store, accumulate, or permit a stockpile of chicken litter or waste in any manner. Chicken litter shall be disposed of in conformance with the Town of Haymarket's waste disposal contractor.

Penalties

Non-compliance will result in action according to article VI of this chapter.

(c)

Short term rental, residential (STRR). Short term rentals are an allowed accessory use in the R-1 and R-2 zoning districts and shall be in accordance with the following regulations.

(1)

Annual registration with the town. A property management plan shall be provided at the time of registration and shall be kept current. This plan shall include the name and 24- hour contact information of the property owner or responsible party, method of booking, procedure by which guests will check-in (check-ins shall be in person with the property owner), procedures for collecting and paying taxes and fees, floor plan of the property, plans for addressing routine and emergency maintenance (contractors, etc), and an HOA approval letter. Homeowners associations (HOAs) that do not allow short term rentals are not eligible.

(2)

Property owner shall sign a declaration that the dwelling meets all applicable building and fire codes. The property shall be made available for entry and inspection to the zoning administrator and any other officials the administrator may deem necessary to verify the use is in keeping with the standards of this section.

(3)

Proof of residence as owners' primary residence (absentee ownership is not permitted)

(4)

Homes may be rented for a maximum (cumulative) 180 days in a calendar year.

(5)

Maximum number of guests allowed: Two per bedroom.

(6)

Residents are responsible for keeping a record of rental contracts, the dates the home was rented, and the price at which the home or rooms were rented.

(7)

Each contract should be for a minimum two-night stay. Single day or night rentals are prohibited.

(8)

Residents are responsible for paying all taxes associated with STRRs including but not limited to all local and state sales taxes, and the transient occupancy taxes.

(9)

Signage on the exterior of the property advertising the use of the home as an STRR is not permitted.

(10)

Permit shall be revoked if more than two substantial complaints are received within a one-year period. Revocation is for a minimum of one year but may be permanent at the discretion of the town.

(11)

Non-compliance will result in action according to article VI of this chapter.

(d)

Solar energy systems purpose and intent. The Town of Haymarket finds it in the public interest to encourage the use of renewable energy systems. Solar energy is a clean renewable energy source that enhances the reliability and resiliency of the power grid, reduces peak power demand, and diversifies the town's energy portfolio. Solar also promotes customers' choice for electric supply. The town also finds that there should be a balance between the use of solar energy systems and the protection of historic buildings, and the general health and safety of town residents.

The purpose and intent of this section is to facilitate the effective and efficient use of solar energy systems, other than utility-scale electrical generating stations, as an allowed accessory use within any zoning district subject to the provisions of section 58-21.4(d). This section regulates solar energy systems, both photovoltaic and solar hot water systems, installed on properties within the Town of Haymarket limits.

Definitions:

Building-integrated photovoltaic (BIPV) systems: A solar energy system that consists of integrating Solar PV modules into the building envelope, where the solar panels themselves act as a building material (roof shingles) or structural element (i.e., façade).

Micro-inverter: a device attached directly to each solar module to convert DC to AC power.

Photovoltaic or PV. Materials and devices that absorb sunlight and convert it directly into electricity.

Solar access easements: A formal written agreement between neighbors that protects a property owner's right to install PV and access to sunlight.

Solar collector: Any device whose purpose is the absorption of solar radiation for the heating of water or buildings or the production of electricity.

Solar energy: Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.

Solar energy facilities: An alternative energy facility that consists of one or more ground-mounted, free- standing, or building-integrated solar collection devices, solar energy related equipment and other associated infrastructure with the primary intention of generating electricity or otherwise converting solar energy to a different form of energy for primarily commercial or other off-site use.

Solar energy system: An energy system that consists of one or more solar collection devices, solar energy related "balance of system" equipment, and other associated infrastructure with the primary intention of generating electricity, storing electricity, or otherwise converting solar energy to a different form of energy. Solar energy systems may generate energy in excess of the energy requirements of a property if it is to be sold back to a public utility in accordance with the law.

Solar energy system, ground-mounted: A solar energy system that is structurally mounted to the ground and is not roof-mounted.

Solar energy system, roof-mounted: A solar energy system that is structurally mounted to the roof of a building or structure.

Solar energy system, roof mounted: A solar energy system that is structurally mounted to the roof of a building and is not ground-mounted.

Solar hot water system: a system that includes a solar collector and a heat exchanger that heats or preheats water for a building heating systems or other hot water needs.

Applicability:

(1)

Roof mounted solar energy systems as described in this section are permitted in the R-1, R-2, B-1 B-2, T-C, C-1, and I-1 zoning district as accessory use to a permitted principal use subject to the standards for accessory uses in the applicable zoning district and the specific criteria set forth in this article. A zoning approval must be obtained prior to the installation of solar energy systems.

(2)

Small scale ground mounted solar energy systems are permitted in the I-1 by special use permit.

(3)

All solar energy systems within the historic boundary or on a historic resource property must obtain a certificate of appropriateness.

Approval procedures:

(1)

All solar energy systems constructed, installed, moved, modified, or maintained within town limits shall comply with the following requirements:

Solar energy systems will be permitted according to Table 21.4(d)(i): Solar Energy Systems by Zoning District.

(2)

Permits. The appropriate permit shall be required for all new construction and installation of solar energy systems in a zoning district not in the historic overlay. A certificate of appropriateness shall be required for all new construction and installation of solar energy systems in the historic overlay. All permits shall be accompanied by a signed application for a permit or certificate of appropriateness (historic overlay only) with plans, specifications, and scope of work to include the following information:

a.

Property lines and physical features, for the project site;

b.

Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures;

c.

Blueprints or drawings of the solar energy system showing the proposed layout of the system, the distance between the proposed solar collector and all property lines, and the tallest finished height of the solar collector;

d.

Name, address, and contact information for proposed system installer;

e.

Name, address, phone number and signature of the applicant and/or property owner;

f.

Zoning district designation for the parcel(s) of land comprising the project site;

g.

Documentation that the owner has submitted notification to the utility company of the customer's intent to install an interconnected customer-owned generator. Off-grid systems are exempt from this requirement;

h.

Payment of the appropriate permit fee, as indicated.

All solar energy systems constructed, modified, installed, moved, or maintained within the town shall comply with the following regulations:

1.

Historic overlay. Solar energy systems in the historic overlay must receive a certificate of appropriateness from the ARB. These solar energy systems shall be designed, sized, and located to minimize their effect on the character of a historic building by;

i.

Placing solar energy systems to avoid obscuring significant features or adversely affecting the perception of the overall character of the property.

ii.

Minimizing visual impacts by strategically locating solar energy systems i.e.: Placing panels on the back of the structure, placing panels on a cross gable, or placing panels flush with the roof.

iii.

When applicable, solar energy systems should be installed on an addition or secondary structure.

iv.

Using the least invasive method feasible to attach the solar energy system to a historic roof such that it avoids damage to significant features and historic materials and can be removed and the original character easily restored.

2.

Roof-mounted solar energy system.

i.

Height. Solar panels attached to a roof shall not exceed the maximum permitted height of the structure type by more than five feet.

ii.

Emergency access. Roof-mounted solar energy systems shall be located in such a manner as to ensure emergency access to the roof, provide pathways to specific areas of the roof, provide for smoke ventilation opportunities, and provide emergency egress from the roof.

iii.

Roof types. For buildings with pitched roofs, solar collectors shall be located in a manner that provides a minimum of one three-foot wide clear access pathway from the eave to the ridge on each roof slope where solar energy systems are located as well as one three-foot smoke ventilation buffer along the ridge. Rooftops that are flat shall have a minimum three-foot wide clear perimeter between a solar energy system and the roofline, as well as a three-foot wide clear perimeter around roof-mounted equipment such as HVAC units.

3.

Ground mounted solar. Small scale ground mounted solar in the I-1 district shall be allowed with a special use permit. Systems shall not exceed 15 feet in height.

4.

Solar easement. Owners of solar energy systems are encouraged but not required to obtain a solar access easement or a similar legal agreement from neighboring landowners to ensure solar access such that vegetation from neighboring lots do not unreasonably obstruct solar access for the solar energy collection devices. The town does not guarantee and will not protect any individual property rights with respect to solar access.

Additional standards:

(1)

All solar energy systems shall comply with the Virginia Uniform Statewide Building Code

(2)

All solar energy systems shall comply with the state electric code

(3)

Installation of solar energy systems should avoid, to the greatest extent practicable, the removal of trees and/or the removal of tree canopies.

(4)

Solar energy collectors, controls, dampers, fans, blowers, and pumps shall be accessible for repairs, inspection, replacement, and maintenance.

Enforcement and penalties. Non-compliance will result in action according to article VI of this chapter.

(e)

Family health care structures, temporary. Temporary family health care structures shall be subject to the following standards:

(1)

Such structures shall comply with all setback requirements that apply to the primary structure and with any maximum floor area ratio limitations that may apply to the primary structure.

(2)

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

(3)

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

(4)

Prior to installing a temporary family health care structure, a permit must be obtained from council and associated fees paid.

(5)

Any family health care structure shall comply with all applicable requirements of the Virginia Department of Health.

(6)

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

(7)

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

(8)

Council may revoke the permit granted in subsection (3) if the permit holder violates any provision of this section.

(9)

The structure shall appear similar to other accessory structures in the neighborhood.

(Ord. No. 2021-002, 11-23-2021)

(a)

Cemetery. Cemeteries shall be subject to the following general standards:

(1)

Minimum lot requirement: Acres five acres.

(2)

Minimum frontage: 100 feet on an arterial street.

(3)

No graves shall be located within the buffer yards.

(4)

All driveway shoulders shall be constructed with a reinforced grass system approved by the administrator

(b)

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

(1)

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

(2)

Parking shall be the principal use of all parking facilities. Spaces may be rented for parking, but no other business of any kind shall be conducted in the structure.

(Ord. No. 2021-002, 11-23-2021)