(a)

General regulations. There shall be provided at the time of erection of any main building or at the time any main building is enlarged or increased in capacity, or the use thereof changed to a higher use, minimum off-street parking space with adequate provision for ingress and egress by standard sized automobiles, as set forth herein:

(1)

Two hundred square feet (ten feet by 20 feet) of lot or floor area shall be deemed parking space for one vehicle. All parking spaces and access driveways shall be covered with an all-weather surface, and shall be graded and drained to dispose of surface water. However, no surface water from any parking area shall be permitted to drain onto adjoining property.

(2)

A driveway or parking space shall be at least three feet from a property line and no parking space for a multiple-family dwelling shall be less than ten feet from a residential structure.

(3)

The parking spaces required for one-, two-, and three-family dwellings shall be located on the same lot as the dwelling; the parking spaces required for other land uses shall be located on the same lot as the principal use or on a lot which is within 300 feet of the principal use, such distance to be measured along lines of public access to the property.

(4)

Collective provision of off-street parking facilities for two or more structures or uses is permissible, provided that the total number of parking spaces is at least equal to the sum of the minimum number of required spaces computed separately for each use. Collective parking is subject to all previously stated parking requirements.

(5)

Every parcel of land hereafter used as a public parking area shall be surfaced with gravel, stone, asphalt, or concrete. It shall have appropriate guards where needed as determined by the administrator. Any lights used to illuminate said parking areas shall be so arranged as to reflect the light away from adjoining premises in a residential district.

(6)

Any structure not listed in subsection (b) of this section shall provide off-street parking as required by the administrator.

(b)

Minimum off-street parking shall be provided as follows:

(1)

Residential. In all residential zones, there shall be provided either in a private garage or on the lot, space for the parking of two automobiles for each dwelling unit in a new dwelling, or each dwelling unit added in the case of the enlargement of an existing building.

(2)

Tourist homes and motels. Tourist homes, hotels, and motels shall provide on the lot, parking space for one automobile for each guest room or residence unit, plus one additional space for each ten guest rooms or residence units, plus required parking for any restaurant and/or assembly space in the tourist home or motel.

(3)

Church, theater, auditorium, stadium, etc. Any church, theater, auditorium, stadium, or any other structure involving the assembling of persons, shall provide on the same lot or within 1,000 feet thereof, together with means of ingress and egress thereto, one parking space for each four seats provided in the structure.

(4)

Hospital or sanitarium. Any hospital or sanitarium shall provide on the same lot or in the immediate vicinity, together with ingress and egress thereto, space for the standing of cars used by patients or their guests at the scale of one space for each two beds.

(5)

Commercial.

a.

Restaurants: One space per four seats.

b.

Drive in business establishments, such as restaurants, lunch stands, theaters and similar establishments: Adequate space shall be provided to serve the establishment so that customers and employees will not need to park on the public street.

c.

Office buildings: One space per 200 square feet of gross floor area.

d.

Retail stores: One space per 200 square feet of gross sales floor area.

e.

Department stores and supermarkets: One space per 200 square feet of gross sales floor area.

f.

Wholesale establishments including warehouses; storage buildings; storage yards; business service establishments, such as blueprinting, printing and engraving, beverage bottling plants; and similar business establishments: One space per 200 square feet of gross floor area.

(6)

Commercial loading and unloading. On the same premises with every building, structure, or part thereof, erected and occupied for uses involving the receipt or distribution of vehicles, materials, or merchandise, there shall be provided and maintained on the lot adequate space for standing, turning, loading, and unloading services in order to avoid interference with public use of the streets and alleys.

(7)

Industrial establishments. For industrial establishments or wholesale establishments, there shall be provided one parking space for each two employees computed on the bases of maximum number of individuals employed within an eight-hour shift, plus space to accommodate all trucks and other vehicles used in connection therewith.

(c)

Special exception to off-street parking requirements. In the case of unusual topographical condition or other extraordinary situation the town council may alter the above requirement by the issuance of a special use permit under the provision of section 28-407.

(Code 1967, § 4-106; Amd. of 5-6-2014)

In any residential district, the following signs shall be permitted, when the main use itself is permitted:

(1)

Home occupation signs. Two signs, not exceeding a total of nine square feet in area, for the purpose of indicating a home occupation in areas where such sign is permitted, when erected or displayed on the property upon which a private dwelling is located and bearing only the name and/or home occupation of an occupant of such dwelling together with contact information and business hours. Such sign shall be set back at least ten feet from the front lot line.

(2)

Church bulletin boards. One church bulletin board, not exceeding 24 square feet in area, when erected or displayed on the property of the church, provided that when a church faces more than one street, one such church bulletin board may be erected or displayed on each street frontage. Church bulletin boards shall be set back at least ten feet from the front lot line.

(3)

Identification signs. One sign, not exceeding 24 feet in area, for the purpose of showing the name and use of a convent, monastery, seminary, country club, public building, public park, or playground, community building, hospital, sanitarium, cemetery, children's home, orphanage, or fraternal organization, apartments, when such use is permitted in a residence zone, and such sign is erected or displayed on the property so identified. Such identification signs shall be set back at least ten feet from the front lot line.

(4)

Subdivision signs. Signs, not exceeding 24 square feet in area, for the purpose of advertising or identifying a housing development or subdivision, when erected or displayed on the property so advertised or identified at least ten feet from the front lot line, provided that only one such sign shall be erected or displayed facing any one street on the perimeter of such development or subdivision.

(5)

Temporary signs.

a.

One contractor's sign, not exceeding 24 square feet in area, and subcontractors' signs not exceeding eight square feet in area each, when erected or displayed on the premises upon which building operations are being conducted, provided that such signs shall be removed upon completion of the work.

b.

Signs, not exceeding a total sign area of 12 square feet, for the purpose of advertising the sale, lease or future use of real estate, when erected or displayed on the property so advertised; however, that a total sign area of not more than 40 square feet shall be permitted when such signs are set back at least 50 feet from the front lot line.

(Code 1967, § 4-107; Amd. of 1-6-2015)

In the commercial district, the following signs shall be permitted:

(1)

Any sign permitted in a residential zone, with the setback requirement (where applicable) reduced to five feet;

(2)

Signs advertising only the general business conducted within the premises upon which such signs are erected or displayed;

(3)

Real estate and contractors' signs as specified in section 28-504(5);

(4)

Signs permitted within a commercial district shall be erected or displayed only on such walls of a building as face a street, alley or parking area, or as roof signs or freestanding signs upon the lot, subject to the following provisions as to size and location:

a.

One-story buildings. The total area of all signs facing a street, alley or parking area shall not exceed two square feet for each foot of building width facing such street, alley or parking area.

b.

First floor businesses in multi-story buildings. The total area of all signs facing a street, alley or parking area shall not exceed two square feet for each foot of building width facing such street, alley or parking area provided, that all such signs shall be kept within a height of 20 feet above the sidewalk.

c.

Upper stories of multi-story buildings containing one or more businesses above the first floor. The total area of all signs facing a street, alley or parking area on any wall above the 20-foot height specified in subsection (4)b of this section shall not exceed 40 square feet or 1/40 of the area of that wall above such 20-foot height, whichever is greater.

d.

Multi-story buildings occupied by one business only. Where entire buildings over one story in height are occupied by one business a total sign area of 100 square feet facing any street, alley or parking area, or of 1/40 of the wall area facing such street, alley or parking area, whichever is greater, may be substituted for the allowable sign areas specified in subsections (4)b and c of this section, and in such case, the sign may be located without regard to the 20-foot height provisions contained in subsection (4)b of this section.

e.

Signs hung on marquees. No sign shall be hung on a marquee, canopy or portico if said sign shall extend beyond the established setback line. The area of any such sign shall be included in determining the total area of signs erected or displayed.

f.

Projection and height of signs. A sign may be erected or displayed flat against a wall or at an angle thereto, but no sign shall project beyond the established setback line. The bottom of a sign, the area of which exceeds six square feet, erected flat against a wall, shall not be less than eight feet above the sidewalk, alley or parking area. The bottom of a sign projecting from a wall shall not be less than ten feet above a walkway or parking area, nor less than 14 feet above an alley.

g.

Roof signs. Roof signs, not exceeding a total area of 100 square feet, may be erected or displayed in the Commercial District C-1 only, provided that the area of any roof sign shall be included in the total area of signs permitted by this section and shall not be in addition thereto. No roof sign shall project more than four feet beyond the property line nor extend more than 15 feet above the roof level at the point where it is erected, provided that a roof sign may project more than 15 feet above the roof level at the point where it is erected when it is erected on pylons which are an integral part of a building.

h.

Freestanding signs. Freestanding signs upon a lot may be erected or displayed only where drive-in service or parking is provided, leaving a distance between the building and a side lot line of 25 feet or more, or where a building is set back 25 feet or more from the front lot line, provided that not more than two such freestanding signs shall be permitted for any building or building unit having a street frontage with such drive-in service area, parking area or building setback. No signs other than those indicated on the sign application shall be attached to a freestanding sign. Freestanding signs shall not be erected more than 30 feet above grade, nor project beyond the established setback line, and shall not exceed 100 square feet in area. Where signs are erected as freestanding signs upon the lot, the total area of all signs permitted by this section shall be two square feet for each foot of lot frontage; provided that signs erected or displayed on any building on such lot shall conform to the requirements and restrictions contained in the other subsections of the section.

i.

Identification signs. Identification signs for shopping centers consisting of five or more separate businesses and having a continuous street frontage of at least 200 feet shall be permitted, and the area of such signs shall not be included in the total area of signs otherwise permitted in this section for the separate businesses. The total area of such identification signs for any shopping center shall not exceed one square foot for each foot of street frontage, nor shall the total area of such signs facing any street, alley or parking area exceed 150 square feet.

j.

Advertising theater acts, etc. Signs advertising the acts or features to be given in a movie theater or theaters may be displayed on permanent frames erected on theater buildings in accordance with the provisions of this section as to size and location, provided that the bottom of any such frame erected flat against a wall may be less than eight feet above the sidewalk, alley or parking area; provided, further that when the area of any such frame facing a street, alley or parking area does not exceed 24 square feet and the area of any such frames facing such street, alley or parking area does not exceed 48 square feet, the area of the signs displayed thereon shall not be included in determining the total area of signs erected or displayed.

(Code 1967, § 4-108)

Any sign permitted in any commercial zone, provided that the allowable area of any such signs where it faces a residential zone shall be 1½ times the allowable area specified in section 28-504.

(Code 1967, § 4-109)

Billboards and general advertising signs are prohibited in all zones.

(Code 1967, § 4-110)

Religious, charitable or civic organizations may place signs upon public property indicating directions to the location of churches, schools or other charitable, governmental or nonprofit organizations. Such signs shall not exceed 25 square feet in area.

(Code 1967, § 4-111)

(a)

No fragile, readily flammable material such as paper, cloth or canvas shall constitute a part of any fence, nor shall any such material be employed as an adjunct or supplement to any fence.

(b)

Fences shall not exceed a height of six feet as measured from the top-most point thereof to the ground or surface, along the centerline of the fence, in a commercial or residential zone.

(c)

Fences surrounding industrial sites, public playgrounds, institutions or schools may not exceed a height of 14 feet.

(Code 1967, § 4-112)

In the case of corner lots in residential districts, there shall be no planting, fence or obstruction to vision more than three feet high, less than 20 feet from the intersection of two street lines.

(Code 1967, § 4-113)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Satellite dish antenna (or earth station) means an accessory use that is a combination of:

(1)

Antenna or dish antenna whose purpose is to receive communication or other signals from orbiting satellites and other extraterrestrial sources;

(2)

A low-noise amplifier (LNA) which is situated at the focal point of the receiving component and whose purpose is to magnify and transfer signals; and

(3)

A coaxial cable whose purpose is to carry the signals to the exterior of the building.

Satellite dish antenna (or earth station) height means the height of the antenna or dish measured vertically from the highest point of the antenna or dish, when positioned for operation, to the grade or permanent structure to which the antenna or its base is attached.

(Code 1967, § 4-114)

(a)

(1)

Only one satellite antenna not exceeding 12 feet in diameter may be erected or installed on any one building lot in the town regardless of the zoning district in which it is located.

(2)

Any such antenna shall be located only in the rear yard of such lot; no closer than five feet to any side or rear lot line nor less than ten feet from the rear of a main building, provided, however that in lieu of any such antenna in a rear yard, one satellite antenna four feet or less in diameter may be suitable mounted to the roof area of a building.

(b)

Corner lot. In addition to the provisions of subsection (a)(2) of this section, no satellite antenna on any corner lot shall be erected forward of the building line of any adjoining lot nor closer than five feet to the side of such adjoining lot.

(c)

Height limitation. No satellite antenna mounted in any such yard shall exceed 16 feet measured vertically from the highest point of the signal receiving apparatus, when positioned for operation, to the bottom of the base which supports the satellite antenna except any antenna which pursuant to this section may be located and suitably mounted to the roof of a building.

(Code 1967, § 4-115)

All satellite antennae shall be ground-mounted at ground level pursuant to all requirements of the Virginia Uniform Statewide Building Code after securing the proper building permits, and sufficiently secured to withstand a 75 mph wind; except such antenna four feet or less in diameter which is otherwise permitted by this section to be mounted to the roof of a building. All electrical cable will be buried in accordance with the applicable provisions of the building code.

(Code 1967, § 4-116)

(a)

Upon application to the board of zoning appeals by any property owner, and upon showing by such property owner to the satisfaction of the board that a usable satellite signal cannot be obtained on such owner's property solely by reason of one or more of the requirements established by this section, the board may grant such variance as may be necessary to permit reception of a usable signal and under such special conditions as the board may deem proper under the circumstances, whereupon perpetual compliance with such special conditions by the property owner shall be a prerequisite to continued maintenance and use of such antenna.

(b)

Such inability to obtain a usable satellite signal shall constitute an undue and unnecessary hardship as set forth in section 28-784.

(Code 1967, § 4-117)

The following regulations shall apply to all mobile homes (Class A, B or C manufactured home dwellings) in the town whether existing as nonconforming uses or as permitted uses.

(Code 1967, § 4-118)

(a)

No mobile home intended for use as a full-time place of residence shall be delivered to or located upon the lot or parcel of real estate where said mobile home will be used as a place of residence until the necessary permits for connection to water and sewer outlets have been secured, or if there be no existing water and sewer outlets, until permits for a well and septic system have been acquired from the local health department.

(b)

The owner of any mobile home moving the mobile home into this town for use rather than for sale shall, within ten days after moving said mobile home, notify the town treasurer of said owner's name, address and description and location of said mobile home. No mobile home which has been in use as a place of residence or office shall be moved from the town until the owner thereof has paid to the town all local property taxes assessed or assessable against said mobile home.

(Code 1967, § 4-119)

Recreational vehicles may be used as temporary residences outside of mobile home parks in emergency situations for not more than 12 months providing all proper permits for the placement of a mobile home are obtained and that all sanitary and safety requirements are met. No recreational vehicles may be used as a residence for more than 48 hours without obtaining all permits.

(Code 1967, § 4-120)

(a)

Water supply. An approved water supply system shall be installed with an individual water tap and connection for each mobile home lot to supply running water for all sanitary and washing fixtures, drinking and domestic purposes as required by the plumbing code. Connections to individual units shall be arranged to prevent back syphoning into the main system. Lines shall be of sufficient depth to prevent freezing and shall be insulated above ground.

(b)

Sewerage facilities. All waste or wastewater from a mobile home shall empty into a public system or a health department approved sewage disposal system. Each space shall have an individual connection which shall be a minimum of four inches in diameter. Lines shall be completely underground except where under the mobile home.

(c)

Within a period of 90 days after placement of a mobile home, skirting shall be placed between the base of the body of the mobile home and the ground, completely enclosing the entire circumference of the mobile home, the skirting to be a material to enhance the appearance of the individual mobile home unit.

(Code 1967, § 4-120)

The purpose of the home occupation provisions is to allow for home occupations that are compatible with the neighborhood in which they are located. The provisions contained herein shall supersede any provisions to the contrary found elsewhere in this chapter.

(Code 1967, § 4-121.1; Ord. of 5-6-1997)

(a)

Home occupations complying with the criteria established in section 28-626 shall be considered minor in character and permitted by right with no special use permit required. The zoning administrator may issue a zoning permit for such uses upon application and evidence of payment of the appropriate business license tax. So long as the business remains in compliance with the criteria set forth in section 28-626(a) it may continue. Said continuing compliance shall be certified annually to the town clerk in such manner as the clerk may require.

(b)

Major home occupations shall commence only after the receipt of a special use permit under the procedure set forth in section 28-407.

(Code 1967, § 4-121.2; Ord. of 5-6-1997)

(a)

Uses classified as minor home occupations shall be permitted in all zoning districts which allow single-family residences. The following regulations shall apply to all minor home occupations:

(1)

No person other than family members residing on the premises and one non-family member shall be engaged in such occupation.

(2)

The home occupation shall be clearly incidental and subordinate to the primary use of the dwelling as a residence and not more than 25 percent of the gross floor area of the dwelling shall be used in conjunction with the home occupation or combination of home occupations.

(3)

There shall be no change in the outside appearance of the dwelling and surrounding property and no display of goods or business-related items of any kind visible from the street or from adjoining property.

(4)

No home occupation shall be conducted in any accessory building except with a special use permit granted under the procedures set forth in section 28-407.

(5)

Two signs associated with the home occupation not exceeding a total of nine square feet in area may be placed upon the property. No signage in excess of a total of nine square feet may be placed on the property except with a special use permit granted under the procedures set forth in section 28-407.

(6)

There shall be no outside display (with the exception of signs conforming with subsection (a)(5) of this section) and one business vehicle or storage of equipment or materials associated with the home occupation. No more than one vehicle with the business name on it may be parked so as to be visible from the street or from adjoining property.

(7)

No traffic shall be generated by a home occupation or combination of home occupations in greater volumes than would normally be expected in a residential neighborhood.

(8)

No installation or use of mechanical or electrical equipment is permitted which could endanger surrounding persons or property or which can be heard outside of the dwelling unit.

(9)

No on-site use, parking or storage of vans with a length in excess of 20 feet, tractor trailers, semi-trucks, or heavy equipment (such as construction equipment), used in connection with the home occupation is permitted, whether it is operable or inoperable.

(10)

No home occupation shall produce noise, obnoxious odors, vibrations, glare, fumes, or electric interferences detectable to normal sensory perception beyond the property line; nor shall such home occupation produce electric emissions or signals which interfere with normal radio and television reception in the surrounding neighborhood.

(11)

A home occupation shall comply with all applicable local, state or federal regulations.

(12)

Parking generated by the conduct of such home occupation shall be on premises, off street and in designated driveway areas.

(13)

Deliveries from commercial suppliers may not be made more than once each week and shall not restrict traffic circulation.

(14)

No illegal discharges of any materials, fluids or gases will be permitted to enter the sewer system.

(15)

There shall not be conducted on the premises the business of selling stocks of merchandise, supplies, or products, other than homemade crafts, except that the sale of products in connection with a service which service is the principal business being conducted on the premises shall be permitted; and except that orders previously made by telephone or at a sales party may be filled on the premises.

(b)

Permitted minor home occupations include, but are not necessarily limited to, the following:

(1)

Appliance repair.

(2)

Architectural support service.

(3)

Art restoration.

(4)

Art studio.

(5)

Authors and composers.

(6)

Baby sitting (including day care for not more than five children).

(7)

Barber or beauty shop (one chair only).

(8)

Catering service off-premises.

(9)

Consulting services.

(10)

Contracting, plumbing, electrician, etc., provided no equipment is visible on the premises.

(11)

Data processing.

(12)

Dental technician with laboratory.

(13)

Direct sale product distribution (including, but not limited to, Amway, Avon, Tupperware, etc.).

(14)

Drafting and graphic services.

(15)

Dressmaking, sewing, tailoring, contract sewing.

(16)

Electronic assembly.

(17)

Engineering support service.

(18)

Financial planning, investment services.

(19)

Flower arranging.

(20)

Gardening, landscape maintenance, providing no equipment is visible on the premises.

(21)

Home crafts (including ceramics with kiln up to six cubic feet) for sale off-site.

(22)

House cleaning service.

(23)

Insurance sales or broker.

(24)

Interior design.

(25)

Jewelry making, jeweler.

(26)

Laundry, ironing service.

(27)

Locksmith.

(28)

Mail order (excluding retail sales from site).

(29)

Music lessons except for amplified instruments or drums and not more than four students at a time.

(30)

Photographer.

(31)

Preserving and cooking for sale off-site.

(32)

Real estate sales or broker.

(33)

Sales representative (office only).

(34)

Security service, security systems, auto security systems, providing no equipment is visible on the premises.

(35)

Sign painting.

(36)

Swimming pool cleaning, providing no equipment is visible on the premises.

(37)

Tax service.

(38)

Telephone answering, switchboard, call forwarding.

(39)

Television and radio repair.

(40)

Tutoring classes.

(41)

Typing, word-processing service.

(42)

Wallpapering.

(43)

Watch repair.

(44)

Writing, computer programming.

(45)

Any other similar business clearly meeting the criteria listed in subsection (a) of this section.

(Code 1967, § 4-121.3; Ord. of 5-6-1997)

Any use not listed in section 28-626(b) and not clearly meeting the criteria listed in section 28-626(a) shall be considered a major home occupation and shall not be permitted without a special use permit granted under procedures set forth in section 28-407.

(Code 1967, § 4-121.4; Ord. of 5-6-1997)

This division shall be known as the "Telecommunications Facilities Ordinance" and is hereinafter referred to as "the division" or "this division."

(Code 1967, § 4-121.4:1)

(a)

The town has the authority to regulate the placement, construction, and modification of towers, antennas support structures, and telecommunications facilities.

(b)

The Federal Communications Act of 1934, as amended by the Telecommunications Act of 1996 (the Act) grants the Federal Communications Commission (FCC) exclusive jurisdiction over:

(1)

The regulation of the environmental effects of radio frequency emissions from telecommunications facilities.

(2)

The regulation of radio signal interference among users of the radio frequency spectrum.

(3)

The town's regulation of towers and telecommunications facilities cannot have the effect of prohibiting any person from providing wireless telecommunications services in violation of the Act.

(Code 1967, § 4-121.4:2; Ord. of 1-2-2001)

(a)

The general purpose of this division is to regulate the placement, construction, and modification of towers and telecommunications facilities in order to protect the health, safety and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the town.

(b)

Specifically, the purposes of this division are:

(1)

To facilitate the provision of wireless telecommunications services to the residents and businesses of the town in an orderly fashion;

(2)

To regulate the location of towers and telecommunications facilities in the town;

(3)

To protect residential areas and land uses from potential adverse impact of towers and telecommunications facilities;

(4)

To minimize adverse visual impact of towers and telecommunications facilities through careful design, siting, landscaping, and innovative camouflaging techniques;

(5)

To promote and encourage shared use/co-location of towers and antenna support structures as a primary option rather than construction of additional single-use towers;

(6)

To avoid potential damage to property caused by towers and telecommunications facilities by ensuring that such structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or when determined to be structurally unsound;

(7)

To ensure that towers and telecommunications facilities are compatible with surrounding land uses;

(8)

To promote the location of new telecommunications facilities in the following order:

a.

Co-location on existing towers and antenna support structures, if any, in the town west of Route 29 Business;

b.

Location on new towers or antenna support structures in the town west of Route 29 Business;

c.

The location on antenna support structures or towers using stealth techniques as described in section 28-662(b)(2).

(Code 1967, § 4-121.4:3; Ord. of 1-2-2001; Amd. of 1-6-2015; Amd. of 11-7-2017)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Antenna support structure means any building or other structure 30 feet in height or taller other than a tower which can be used for location of telecommunications facilities.

Applicant means any person that applies for a tower development permit.

Application means the process by which the owner, or the owner's legal representative, of a plot of land within the town submits a request to develop, construct, build, modify, or erect a tower upon such land. Application includes all written documentation, verbal statements, and representations, in whatever form or forum, made by an applicant to the town concerning such a request.

Electrical engineer means an electrical engineer licensed by the Commonwealth of Virginia.

Existing tower means a tower that is in existence or is under construction on the effective date of the ordinance from which this division is derived.

Fall zone is considered to be that area within a radius equal to the height of the tower as measured from the base of a tower. The fall zone is the area within which there is a potential hazard from falling debris or collapsing material. The fall zone is distinct from a setback.

Normal business hours means those hours during which most businesses in the community are open to serve customers.

Owner means any person with fee simple title to any plot of land within the town who desires to develop, construct, build, modify, or erect a tower upon such land.

Parcel is considered to be that plot of land described by property lines. When multiple parcels are owned and used by the same party, the grouping may be considered to constitute the parcel.

Person means any natural person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit.

Radio frequency engineer means a professional engineer licensed by the Commonwealth of Virginia with appropriate documented expertise in radio frequency engineering.

State means the Commonwealth of Virginia.

Stealth means any tower or telecommunications facility that is designed to blend into the surrounding environment through the use of camouflage or other appropriate landscaping or construction techniques.

Structural engineer means a professional engineer licensed by the Commonwealth of Virginia with appropriate documented expertise in structural engineering.

Telecommunications facilities means any cables, wires, lines, wave guides, antennas, and any other equipment associated with the transmission or reception of communications (other than radio or television broadcast communications) which a person seeks to locate or has installed upon or near a tower or antenna support structure. The term "telecommunications facilities" shall not include:

(1)

Any satellite earth station or antenna which is permitted pursuant to division 5 of this article or other provision thereof;

(2)

Any satellite earth station antenna two meters in diameter or less which is located in an area zoned industrial or commercial;

(3)

Any satellite earth station antenna one meter or less in diameter, regardless of zoning district; or

(4)

Any federally licensed amateur radio station operators.

Tower means a self-supporting lattice, guyed, or monopole structure constructed from grade which supports telecommunications facilities. The term "tower" shall not include amateur radio operators' equipment, as licensed by the FCC.

Tower owner means the person that owns or controls a tower.

Town means the Town of Hurt, Virginia.

(Code 1967, § 4-121.4:4; Ord. of 1-2-2001)

(a)

No tower or telecommunications facility shall be constructed, installed or operated within the town except as permitted pursuant to this division.

(b)

A tower and associated telecommunications facilities shall be a permitted use of land with a special use permit issued by the town council pursuant to the provisions of section 28-407 only in the following areas in the town:

(1)

Land in the town lying on the west side of U.S. Route 29 Business (Main Street), regardless of the zoning district in which it lies.

(2)

Except as provided in subsection (a) of this section, antennae support structures or towers employing stealth techniques to camouflage the same so that the presence of telecommunications facilities are not apparent to common observation shall be a permitted use with a special use permit in any zoning district in the town as a telecommunications facility, including small equipment cabinets located in or on the antennae support structure or on the ground immediately adjacent to a telecommunications facility, provided they do not exceed 72 cubic feet above ground, and six feet in height.

(3)

Use of the town's water tank as an antenna's support structure may be permitted with a special use permit, provided that a licensed structural engineer to be selected by the town and paid for by applicant certifies that the installation of applicant's telecommunications facilities will have no effect whatsoever upon the structural integrity of the water tank and tower and its structural life expectancy.

(c)

Towers shall not exceed a maximum height of 150 feet in any district unless the town council approves a special use permit authorizing a maximum height in excess of said limits. In the event that such a special use permit is granted, the town council may increase the fall zone, setbacks and buffers accordingly.

(d)

The town may authorize the use of town property in accordance with the procedures of the town Charter and Code. The town shall have no obligation whatsoever to use town property for such purposes.

(e)

No new tower shall be constructed in the town unless such tower, including the ground area for associated telecommunications facilities, is capable of supporting another person's operating telecommunications facilities comparable in weight, size, and surface area to the applicant's telecommunications facilities. For purposes of this section, the term "applicant's telecommunications facilities" means those installed within six months of completion of tower construction. These provisions are encouraged for, but need not apply to, towers no greater than 50 feet in height.

(f)

An application to construct a tower and/or install telecommunications facilities in the town shall include:

(1)

The name, address, and telephone number of the applicant. If the applicant is not the owner of the parcel of land upon which the tower is situated, the written consent of the owner, and the name, address, telephone number of the owner, shall be evidenced in the application. The application shall also contain an affirmative statement indicating that both the owner and applicant are aware of and agree to comply with the provisions in section 28-678 regarding abandonment.

(2)

The legal description, valuation map number, and address of the parcel of land upon which the tower is to be situated.

(3)

The names, addresses, and telephone numbers of all tower owners with existing towers or usable antenna support structures or persons holding a special use permit to construct a tower or antenna support structure within the corporate limits of the town, including town-owned property.

(4)

Written documentation that the applicant made diligent, but unsuccessful, efforts for permission to install or co-locate the applicant's telecommunications facilities on existing towers or usable antenna support structures located or to be located pursuant to pending construction within the corporate limits of the town.

(5)

Written documentation that the applicant made diligent, but unsuccessful, efforts to install or co-locate the applicant's telecommunications facilities on existing or proposed towers, and their ground area, or usable antenna support structures owned by other persons located within the corporate limits of the town.

(6)

Written technical evidence from a radio frequency engineer that the proposed tower or telecommunications facilities cannot be installed or co-located on another person's tower or usable antenna support structure located within the corporate limits of the town and must be located at the proposed site in order to meet the coverage requirements of the applicant's wireless communications system.

(7)

Written technical evidence from a structural engineer that the proposed structure meets the standards set forth in this Code, including, but not limited to, the requirements set forth in subsection (e) of this section and section 28-665.

(8)

Written technical evidence from a radio frequency engineer that the proposed facilities meet the standards set forth in this Code, including, but not limited to, the requirements set forth in section 28-664.

(9)

Written technical evidence from an electrical engineer that the proposed site of the tower or telecommunications facilities does not pose a risk of explosion, fire, or other danger due to its proximity to volatile, flammable, explosive, or hazardous materials such as LP gas, propane, gasoline, natural gas, or corrosive or other dangerous chemicals.

(10)

A map of the town and the first half-mile of all bordering communities showing the design of the applicant's entire existing or proposed wireless telecommunications network. Such map shall, at minimum, indicate the general location of all proposed or existing tower and antenna sites, their dimensions, specifications, and signal area coverage.

(11)

Color photo simulations showing the proposed site of the tower with a photo-realistic representation of the proposed tower as it would appear viewed from the closest residential property or properties and from adjacent roadways.

(12)

An application fee that represents the site development plan fee and special use fee otherwise required. The town reserves the right to employ an outside consultant to review any application. The applicant shall reimburse the town for the reasonable expenses related to such review as an additional application fee.

(13)

A site plan, including a description of the lot lines, setbacks, location of adjacent structures, proposed location of the tower, separation distances, proposed tower height, landscaping, screening, access, parking, and security.

(14)

An acknowledgment that the applicant currently complies and will continue to comply with all FCC standards, including reporting requirements regarding radio frequency emissions.

(15)

When seeking approval of a telecommunication tower or facility, the applicant shall furnish written documentation that:

a.

The proposed tower is reasonably necessary to serve an adjacent residential area;

b.

Any variance sought is the minimum necessary to address the need for the variance, subsequent to exploring all reasonable siting alternatives;

c.

The location of the tower in relation to the existing structures, trees and other visual buffers shall minimize, to the greatest extent reasonably practicable under the circumstances, any impact on affected residentially zoned property;

d.

The location of the tower will not have a significant detrimental impact on adjacent property values; and

e.

Any other factors that the applicant deems to be relevant to the town's consideration of a tower or facility siting.

(g)

All information submitted with an application that is trade secret information or is for other reasons proprietary shall be clearly marked as such when submitted with an application. The town shall not disclose publicly, or to any third party, proprietary information unless compelled to do so by federal, state, or local law.

(Code 1967, § 4-121.4:5; Ord. of 1-2-2001)

No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the town council that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

(1)

No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.

(2)

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

(3)

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

(4)

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

(5)

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding the cost of new tower development are presumed to be unreasonable.

(6)

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

(Code 1967, § 4-121.4:6; Ord. of 1-2-2001)

In order to ensure that the town's public safety radio services will be free from harmful or destructive interference, all applicants requesting a permit to site a tower or telecommunications facilities must:

(1)

Demonstrate compliance with good engineering practices;

(2)

Provide the town a copy of all intermodulation studies submitted to the FCC;

(3)

Not induce harmful or destructive interference to the town's public safety radio services;

(4)

Comply with FCC regulations regarding susceptibility to radio frequency interference, frequency coordination requirements, general technical standards for power, antenna, bandwidth limitations, frequency stability, transmitter measurements, operating requirements, and any and all other federal statutory and regulatory requirements relating to radio frequency interference (RFI); and

(5)

In the case of co-location of telecommunications facilities either in the same location or on the same tower as the town's, comply with FCC emissions requirements and not radiate any RFI or any electromagnetic interference (EMI) that may interfere with the town's public safety radio services.

(Code 1967, § 4-121.4:7; Ord. of 1-2-2001)

(a)

Setbacks.

(1)

All towers and any telecommunications facilities shall be set back on all sides a distance equal to the underlying building setback requirement in the applicable zoning district, except that all towers in residential zoning districts shall be set back from all adjacent property lines a distance equal to the tower height. When a tower is located in a commercial district or industrial district, the tower shall be located a distance at least equal to twice the height of the tower from any residential district.

(2)

Setback requirements for towers shall be measured from the base of the tower to the property line of the parcel on which it is located.

(b)

Fall zones.

(1)

Every tower shall be designed to fall within the boundaries of the parcel on which the tower is located. The applicant shall submit written certification and supporting documentation from a structural engineer that a tower proposed for a residential area will fall within the specified fall zone. In the case of towers located in industrial areas that are specified and certified by a structural engineer to be collapsible or incapable of failure, the building commissioner may reduce the fall zone accordingly.

(2)

In those instances in which there is a conflict between the required setback and the required fall zone, the greater distance shall apply.

(Code 1967, § 4-121.4:8)

(a)

Towers shall be separated from all residences irrespective of zoning classification by a minimum distance equal to the height of the proposed tower.

(b)

Tower separation distances, for the purpose of compliance with this division, shall be measured from the base of a tower to the closest point of a designated area. The minimum tower separation distance shall be calculated and applied irrespective of town and county jurisdictional boundaries.

(Code 1967, § 4-121.4:9; Ord. of 1-2-2001)

Measurement of tower height, for the purpose of determining compliance with all requirements of this division shall include the tower structure itself, the base pad, and any other telecommunications facilities attached thereto which extend over the top of the tower structure itself. Tower height shall be measured from grade.

(Code 1967, § 4-121.4:10; Ord. of 1-2-2001)

Towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA). Upon commencement of construction of a tower, in cases where there are residential uses located within a distance equal to the height of the tower from the tower, and when required by federal law, dual mode lighting shall be required from the FAA.

(Code 1967, § 4-121.4:11; Ord. of 1-2-2001)

Towers not requiring FAA painting or marking shall be painted a neutral color (galvanized finish is considered a neutral color).

(Code 1967, § 4-121.4:12; Ord. of 1-2-2001)

All landscaping on parcels containing towers, antenna support structures, or telecommunications facilities shall be designed to screen the tower, antenna support structure, and telecommunications facilities to a height of at least six feet from grade. This requirement may be waived at the discretion of the zoning administrator if the base of the tower and facilities to be screened are not located in and not visible from any business or residential districts or visible from public streets. All landscaping must be continually maintained in a healthy and attractive manner.

(Code 1967, § 4-121.4:13; Ord. of 1-2-2001)

All towers must be reasonably posted and secured to protect against trespass.

(Code 1967, § 4-121.4:14; Ord. of 1-2-2001)

All parcels upon which towers are located must provide access during normal business hours to at least one paved vehicular parking space on site.

(Code 1967, § 4-121.4:15; Ord. of 1-2-2001)

(a)

All new towers shall be designed by a structural engineer and shall be certified by said engineer to be structurally sound and in conformance with the requirements of all applicable building codes and all other applicable construction standards, local, state and federal. For new monopole towers, such certification shall be submitted with an application pursuant to section 28-662(f) and every five years thereafter; for existing monopole towers, such certification shall be submitted within 60 days of the effective date of the ordinance from which this division is derived and then every five years thereafter; for new lattice or guyed towers, such certification shall be submitted with an application pursuant to section 28-662(f) and every two years thereafter; and for existing lattice or guyed towers, such certification shall be submitted within 60 days of the effective date of the ordinance from which this division is derived and then every two years thereafter. The tower owner may be required by the town to submit more frequent certifications should there be reason to believe that the structural and electrical integrity of the tower is jeopardized.

(b)

The town and its agents shall have authority to enter onto the property upon which a tower is located, between the inspections and certifications required in subsection (a) of this section, to inspect the tower for the purpose of determining whether it complies with the statewide building code and all other construction standards, local, state and federal.

(c)

The town reserves the right to conduct such reasonable and necessary inspections, upon reasonable notice to the tower owner. All expenses by the town related to such inspections shall be borne by the tower owner if any unresolved defects exist.

(d)

The tower or telecommunication facilities owner shall certify to the town on an annual basis that it is in compliance with all of the requirements of this division, including the requirements set forth in section 28-674.

(Code 1967, § 4-121.4:16; Ord. of 1-2-2001)

(a)

Tower owners shall at all times employ ordinary and reasonable care, and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public.

(b)

Tower owners shall install and maintain towers, telecommunications facilities, wires, cables, fixtures, and other equipment in substantial compliance with the requirements of the national electrical safety code and all FCC, state, and local regulations, and in such manner that will not interfere with the use of other property.

(c)

All towers, telecommunications facilities, and antenna support structures shall at all times be kept and maintained in good condition, order, and repair so that the same shall not menace or endanger the life or property of any person.

(d)

All telecommunication facilities shall maintain compliance with current radio frequency emission standards of the FCC.

(e)

In the event the use of a tower is discontinued by the tower owner, or in the event a tower owner files notice of the FCC of its intent to cease operating the tower owner shall provide a written notice to the town of its intent to discontinue use and the date when the use shall be discontinued.

(Code 1967, § 4-121.4:17; Ord. of 1-2-2001)

All towers and telecommunications facilities in business and residential districts shall be of stealth design.

(Code 1967, § 4-121.4:18; Ord. of 1-2-2001)

(a)

Any telecommunications facilities which are not attached to a tower may be permitted as an accessory use to any antenna support structure at least 30 feet tall, and if stealth techniques are applied, as provided in section 28-662(b)(2), such telecommunications facilities may be installed regardless of the zoning district where the antenna support structure is located. Such permitted use also may include the placement of additional buildings or other supporting equipment used in connection with said antenna so long as such building or equipment is placed within the existing structure or property and is necessary for such use. Telecommunications facilities are prohibited on all other structures.

(b)

The owner of such antenna support structure and/or telecommunications facilities shall, by written certification, graphic representation, and detailed plans to the technical review committee verify that:

(1)

The antenna support structure and telecommunications facilities comply with the statewide building code;

(2)

Any telecommunications facilities and their appurtenances, located upon the roof of an antenna support structure, are set back a distance at least equal to the height of the telecommunications facilities. However, this setback requirement shall not apply to telecommunications facilities and their appurtenances, located above the roof of an antenna support structure, if such facilities are appropriately screened from view through the use of screening techniques that are compatible with the surrounding built environment and approved by the town. Setback requirements shall not apply to stealth antennas which are mounted to the exterior of antenna support structures below the roof, but which do not protrude more than 24 inches from the side of such an antenna support structure; and

(3)

All applicable standards of this article are being met.

(Code 1967, § 4-121.4:19; Ord. of 1-2-2001)

An existing tower may be modified or demolished and rebuilt to accommodate co-location of additional telecommunications facilities as follows:

(1)

Application for a permit shall be made to the zoning administrator who shall have the authority to issue a permit without further approval by the town council.

(2)

The total height of the modified tower and telecommunications facilities attached thereto shall not exceed the lesser of the height of the existing tower or the maximum height for towers allowed under this division.

(3)

A tower which is being rebuilt to accommodate the co-location of additional telecommunications facilities may be relocated on the same parcel subject to the setback requirements of this division. However, if it is impossible for the tower to be rebuilt in compliance with the setback requirements of this article, such setback requirements shall require approval of a variance from the board of zoning appeals to allow the tower to be rebuilt in its exact previous location.

(4)

Notwithstanding any provision herein to the contrary, telecommunications facilities meeting all building codes and required engineering standards may be co-located on existing towers without a special use permit.

(Code 1967, § 4-121.4:20; Ord. of 1-2-2001)

(a)

(1)

If the town receives notice pursuant to section 28-674, or if any tower shall cease to be used for a period of 365 consecutive days, the division of inspection shall notify the owner, with a copy to the applicant, that the site will be subject to a determination by the zoning administrator that such site has been abandoned. The owner shall have 30 days from receipt of said notice to show, by a preponderance of the evidence, that the tower has been in use or under repair during the period. If the owner fails to show that the tower has been in use or under repair during the period, the zoning administrator shall issue a final determination of abandonment for the site.

(2)

Upon issuance of the final determination of abandonment, the owner shall, within 75 days, dismantle and remove the tower. If an owner fails to remove an abandoned tower within 75 days of the final determination of abandonment, the town may dismantle and remove the tower and recover the costs of the same from the owner or by accessing the bond set forth in subsection (b) of this section. For the purposes of this section, the term "removal" includes all physical improvements associated with towers, including foundation and tower grounding.

(b)

To secure the obligation set forth in subsection (a) of this section, the owner shall post a bond or provide a letter of credit in an amount to be determined by the town manager based on the anticipated cost of removal of the tower.

(Code 1967, § 4-121.4:21; Ord. of 1-2-2001)

Owners of towers shall provide to the town co-location opportunities without compensation as a community benefit to improve radio communication for town departments and emergency services, provided such co-location does not conflict with other provisions of the division.

(Code 1967, § 4-121.4:22; Ord. of 1-2-2001)

The town reserves the right to impose any other reasonable conditions it determines are necessary for the proper placement, construction, or modification of towers or facilities, and/or to impose any other reasonable conditions on the issuance of a special use permit for placement construction, or modification of a tower or facilities.

(Code 1967, § 4-121.4:23; Ord. of 1-2-2001)

If any provision of this division or any application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this division which can be given effect without the invalid provision or application, and to this end the provisions of this division are declared to be severable.

(Code 1967, § 4-121.4:24; Ord. of 1-2-2001)

The following guidelines are intended to promote and regulate the development of solar energy facilities in the town while protecting the public health, safety and general welfare of the community.

(Code 1967, § 4-121.5:1; Ord. of 3-24-2021)

Small solar energy facilities shall be a permitted use in all zoning districts:

(1)

Roof-mounted small solar energy facilities may be mounted on a principal building or an accessory building, but shall not exceed the maximum building height requirements for the zoning district in which they are located and shall not be more than three feet higher than the finished roof to which it is mounted. These facilities shall meet the building setback requirements for the structures to which they are affixed and shall not extend beyond the exterior perimeter of the structure roof.

(2)

Ground-mounted small solar energy facilities shall meet the minimum setbacks for principal or accessory structures in the zoning districts in which they are located. The maximum height of these facilities shall be 15 feet as measured from the grade or base of the facility to its highest point.

(3)

All small solar energy facilities shall be configured to avoid glare and heat transference to adjacent properties.

(4)

All small solar energy facilities shall utilize components which have a UL listing or equivalent and fully comply with all applicable building and electrical codes, and shall not generate or create electrical interruptions or interference with existing electrical or electronic uses.

(Code 1967, § 4-121.5:2; Ord. of 3-24-2021)

(a)

Roof-mounted large-scale solar energy facilities shall be a permitted use in all zoning districts when affixed to the roof of an existing or properly permitted commercial, governmental, industrial, agricultural or institutional building. These facilities shall meet the building setback requirements for the structures to which they are affixed and shall meet all design requirements specified for small solar energy facilities.

(b)

Ground-mounted large-scale solar energy facilities shall be by special use permit in the Industrial District I-1.

(Code 1967, § 4-121.5:3; Ord. of 3-24-2021)

(a)

Utility-scale solar energy facilities shall be permitted in the Industrial District I-1. A special use permit shall be required.

(b)

Utility-scale solar energy facilities shall be located no more than two miles from an existing electrical transmission line.

(c)

Density of panel coverage over the entire site area shall be no more than 70 percent.

(Code 1967, § 4-121.5:4; Ord. of 3-24-2021)

In addition to the requirements for site development plans and, where applicable requirements for special use permits in this chapter, the following documents and information must be provided for review and approval of large- and utility-scale solar energy facilities:

(1)

A narrative identifying the applicant, owner, and operator, and describing the proposed solar energy project, including an overview of the project and its location, approximate rated capacity of the solar energy project, the approximate number, representative types and expected footprint of solar equipment to be constructed, and a description of ancillary facilities, if applicable.

(2)

Project site development and landscape plans demonstrating that the solar project minimizes impacts on the visual character of an existing public right-of-way (ROW) or historic properties listed on the Virginia Landmarks Register, or the National Register of Historic Places.

(3)

In addition to the site plan requirements of this Code, the following additional information and details shall be included:

a.

Property lines and setbacks as set out in subsections (3)a.1 and 2 of this section, unless required setbacks are increased by the town council as a condition of approval for a special use permit.

1.

All aspects and components associated with a solar energy facility shall be no less than 150 feet from any property line. No setbacks are required between the property lines of parcels that are adjacent to each other and within the project area of a single project.

2.

The project area shall be no less than 200 feet from the property line of any residential use located outside of the project area.

b.

Existing and proposed buildings and structures, including preliminary locations of the proposed solar equipment.

c.

Existing and proposed access roads, drives, turnout locations, and parking; however, this requirement shall not exceed VDOT requirements for other types of projects in the underlying zoning district.

d.

Location of substations, electrical cabling from the solar systems to the substations, ancillary equipment, buildings, and structures (including those within any applicable setbacks).

e.

Fencing, or other methods of ensuring public safety as required by the town council as a condition of approval for a special use permit.

f.

Reasonable buffering based on the visual impacts of the project may be required by the town council as a condition of approval for a special use permit.

g.

Additional information may be required, as determined by the town council, such as a scaled elevation view and other supporting drawings, photographs of the proposed site, photo or other realistic simulations or modeling of the proposed solar energy project from potentially sensitive locations as deemed necessary for the town council to assess the visual impact of the project, landscaping and screening plan, coverage map, and additional information that may be necessary for a technical review of the proposal.

(4)

Documentation shall include proof of control over the land or possession of the right to use the land in the manner requested. The applicant may redact sensitive financial or confidential information.

(5)

Document that the panels are of the kind containing at least one anti-reflective layer and are located and installed so that the concentration of any glare is directed away from adjoining properties or public rights-of-way.

(6)

The applicant shall provide proof of adequate liability insurance for a large- and utility-scale solar facility prior to issuance of a zoning or building permit.

(Code 1967, § 4-121.5:5; Ord. of 3-24-2021)

(a)

The owner or operator of a large- or utility-scale solar energy facility shall completely decommission a facility within 12 months if the facility ceases to generate electricity for a continuous period of 12 months. This period may be extended by the town council if the owner or operator provides evidence that the failure to generate electricity is due to circumstances beyond their control and the facility has not been abandoned. Decommissioning shall include the removal of all solar collectors, cabling, electrical components, fencing and any other associated equipment, facilities and structures to a depth of at least 36 inches and stabilization of the site. A decommissioning plan shall be submitted, which shall include the following:

(1)

The anticipated life of the project;

(2)

The estimated decommissioning cost in current dollars, not including a salvage or recyclable material value used to offset the decommissioning cost, provided in an itemized format by a Virginia-licensed professional engineer (PE);

(3)

How said estimate was determined; and

(4)

The manner in which the project will be decommissioned.

(b)

As a condition of approval of the site plan as provided in the permitting requirements contained in section 28-710, the owner, lessee, or developer of real property subject to this section shall enter into a written agreement with the town to decommission solar energy equipment, facilities, or devices upon the terms and conditions stated in Code of Virginia, § 15.2-2241.2 in effect at the time of such application.

(c)

The town council shall require a bond with surety or other approved security to ensure compliance with conditions imposed in a special use permit and the terms of the aforesaid agreement.

(d)

The surety instrument shall meet one of the following requirements:

(1)

Cash or certified check from a federally insured financial institution, with a credit rating of superior, or equivalent, from a recognized credit rating company, licensed to do business in the Commonwealth of Virginia, to be held in escrow by the town treasurer, deposited in an interest-bearing bank account;

(2)

An irrevocable letter of credit from a federally insured financial institution, with a credit rating of superior, or equivalent, from a recognized credit rating company, licensed to do business in the Commonwealth of Virginia and payable to the county in part or in full upon demand and receipt of a notice of forfeiture. Such letter of credit shall be irrevocable unless replaced with cash or other form of security acceptable to the town; or

(3)

A survey or performance bond that renews automatically from a company registered and licensed to operate in the Commonwealth of Virginia, with a credit rating of superior, or equivalent, from a nationally recognized rating company, and on the U.S. Department of Treasury's Listing of Certified Companies (Department of the Treasury Circular 570, as revised). Performance bond must be payable to the town and maintained until decommissioning requirements are met. There must be a requirement and mechanism for the surety company to give prompt notice to the town of:

a.

Any action alleging bankruptcy or insolvency of the surety or violation that would result in suspension or revocation of the license of the surety;

b.

Any attempt at cancellation by the owner; and

c.

Any pending cancellation by the surety; or

(4)

An insurance policy that provides the town with acceptable rights as a beneficiary and is issued by an insurance carrier that has the authority to issue insurance policies in the county, and whose insurance operations are regulated and examined by a federal or state agency.

(Code 1967, § 4-121.5:6; Ord. of 3-24-2021)

(a)

The height of roof-mounted large- and utility-scale solar energy facilities shall not exceed the maximum height of other structures as permitted in the zoning district, and the maximum height of ground-mounted facilities shall be 15 feet, as measured from the grade or base of the facility to its highest point.

(b)

Warning signage shall be placed on solar equipment and facilities to the extent appropriate. Solar equipment shall not be used for the display of advertising, except for reasonable identification of the photovoltaic equipment manufacturer or operator of the solar energy facility. All signs, flags, streamers or similar items, both temporary and permanent, are prohibited on solar equipment except as follows:

(1)

Manufacturer's or installer's identification;

(2)

Warning signs and placards;

(3)

Signs that may be required a federal agency; and

(4)

Signs that provide a 24-hour emergency contact phone number and the benefits of renewable energy may be allowed.

(c)

All large- and utility-scale solar energy facilities shall utilize components which has a UL listing or equivalent and fully comply with all applicable building and electrical codes and shall not generate or create electrical interruptions or interference with existing electrical or electronic uses.

(d)

All large- and utility-scale solar energy facilities shall comply with all applicable state and federal permitting and regulatory requirements.

(e)

All large- and utility-scale solar energy facilities must comply with the town noise ordinance, but the requirement shall be no more stringent than for other development in the underlying zoning district.

(Code 1967, § 4-121.5:7; Ord. of 3-24-2021)