Independence City Zoning Code

CHAPTER 153

ZONING

§ 153.001 TITLE.

This chapter shall be known and cited as the “Zoning Ordinance of Independence, Virginia.” The map portion may be cited separately as the “Zoning Map of Independence, Virginia.”

(1996 Code, § 176-1)

§ 153.002 AUTHORITY.

This chapter and map are adopted pursuant to the authority of VA Code §§ 15.2-2200 et seq., and amendments hereto.

(1996 Code, § 176-2)

Editor’s Note:

The Zoning Map is on file in the Town Manager’s office

§ 153.003 JURISDICTION.

The provisions of this chapter shall apply to all land within the corporate limits of the town.

(1996 Code, § 176-3)

§ 153.004 INTENT.

(A) In pursuance of the authority granted by VA Code §§ 15.2-2210 et seq., as amended, this chapter is adopted to provide for the establishment of districts within the corporate limits of the town.

(B) In each district, the town may regulate, restrict, permit, prohibit and determine the following:

(1) The use of land, buildings, structures and other premises for agricultural, business, industrial, residential, floodplain and other specific uses;

(2) The size, height, area, bulk, location, erection, construction, reconstruction, alteration, repair, maintenance, razing or removal of structures;

(3) The areas and dimensions of land, water and air space to be occupied by buildings, structures and uses, and of courts, yards and other open spaces to be left unoccupied by uses and structures, including variations in the sizes of lots based on whether a public or community water supply or sewer system is available and used; and

(4) The excavation or mining of soil or other natural resources.

(1996 Code, § 176-4)

§ 153.005 PURPOSE.

This chapter is adopted for the following purposes:

(A) To promote the health, safety and general welfare of the public;

(B) To provide for adequate light, air, convenience of access and safety from fire, flood and other dangers;

(D) To facilitate the creation of a convenient, attractive and harmonious community;

(E) To facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewage, flood protection, schools, parks, forests, playgrounds, recreational facilities and other public requirements;

(F) To protect against destruction of an encroachment upon historic areas;

(G) To protect against one or more of the following: overcrowding of land, undue density of population in relation to the community facilities existing or available, obstruction of light and air, danger and congestion in travel and transportation, or loss of life, health or property from fire, flood, panic or other dangers;

(H) To encourage economic development activities that provide desirable employment and enlarge the tax base;

(I) To provide for the preservation of agricultural and forestal lands and other lands of significance for the protection of the natural environment;

(J) To protect approach slopes and other safety areas of licensed airports, including United States government and military air facilities; and

(K) To promote the creation and preservation of affordable housing suitable for meeting the current and future needs of the town as well as a reasonable proportion of the current and future needs of the planning district within which the town is situated.

(1996 Code, § 176-5)

§ 153.006 WORD USE.

In the construction of this chapter, the rules and definitions contained in this section shall apply, except when the context clearly indicates otherwise.

(A) The particular shall control the general.

(B) The word “shall” is always mandatory and not discretionary.

(D) The word “lot” shall include the words “part” or “parcel.”

(E) The word “building” or “structure” includes all other structures or parts thereof, of every kind regardless of similarity to buildings.

(F) In the case of any difference of meaning or implication between the text of this chapter and any caption, illustration or table, the text shall control.

(G) The word “permitted” or words “permitted as of right,” means permitted without meeting the requirements for a conditional use by special permit pursuant to §§ 153.160 through 153.167, and all other applicable provisions.

(H) Words used in the present tense shall include the future, and words used in the singular include the plural, and the plural the singular, unless the context clearly indicates the contrary.

(I) All public officials, bodies and agencies to which reference is made are those of the town.

(1996 Code, § 176-6)

§ 153.007 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Except where definitions are specifically included in various articles and sections, words in the text or tables of this chapter shall be interpreted in accordance with the provisions set forth in this section. Where words have not been defined, the standard dictionary definition shall prevail. In any case, the Zoning Administrator shall have the right to interpret the definition of any word.

ACCESSORY. An activity or structure that is customarily associated with and is appropriately incidental and subordinate to a principal activity and/or structure and located on the same lot, except as provided for under the provisions of accessory off-street parking.

ALLEY. A public way intended to provide only secondary vehicular access to abutting properties.

ATTACHED. An enclosure having walls, roof and floor.

AUTOMOBILE GRAVEYARD. Any lot or place which is exposed to the weather upon which more than five motor vehicles of any kind, incapable of being operated are placed.

BASEMENT. A building whose bottom floor is more than 12 inches, but not more than one-half of its height below average level of the adjoining ground (as distinguished from a “cellar,” which is more than one-half below such level).

BUILDING. A structure, either temporary or permanent, having a roof or other covering, and designed or used for the shelter or enclosure of any person, animal or property of any kind, including tents, awnings or vehicles situated on private property and used for purposes of a building.

BUILDING HEIGHT. The vertical distance from the highest point on a structure, excepting any chimney or antenna on a building, to the average ground level of the grade where the walls or other structural elements intersect the ground.

BULK. Describes the size of buildings or other structures, and their relationship to each other and to open areas and lot lines, and therefore includes:

(1) The size (including height and floor area) of buildings or other structures;

(2) The area of the lot upon which a residential building is located, and the number of dwelling units within each building in relation to the area of the lot;

(3) The location of exterior walls of buildings or other structures in relation to lot lines, to other walls of the same building, or to other structures; and

(4) All open areas relating to buildings or other structures and their relationship thereto.

CELLAR. See BASEMENT.

CLINIC. An establishment where persons are given medical, dental or surgical treatment by one but not more than four physicians or dentists with no patients lodged overnight.

COMPLETELY ENCLOSED. Refers to a building or other structure having a roof, and separated on all sides from the adjacent open area or from other buildings or other structures, by exterior walls or party walls, pierced only by windows or entrance and exit doors normally provided for persons, goods or vehicles.

CONDITIONAL USE. A use that would not be appropriate generally or without restriction throughout the district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in a district as CONDITIONAL USES, if specific provisions for such use is made in this chapter.

CUL-DE-SAC. A local public street having only one end open to traffic and the other end being permanently terminated by an appropriate turnaround for the safe and convenient reversal of traffic movement.

CURB LEVEL. The mean of the elevations of the side lot lines extended to the street line.

DWELLING, MOBILE HOME. A detached, single-family dwelling unit with a permanent steel chassis possessing all of the following characteristics:

(1) Designed for long-term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems;

(2) Designed to be transported after fabrication on its own wheels; and

(3) Arriving at the site where it is to be occupied as a complete dwelling including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location of foundation supports, connections to utilities and the like.

DWELLING, MODULAR HOME. A single-family dwelling unit that is constructed basically as a conventionally built wood frame house except it is built at a factory and is transported to the site on which it will be permanently located. The MODULAR HOME may not have a permanent steel chassis.

DWELLING, MULTI-FAMILY. A building containing three or more dwelling units. The term includes cooperative apartments, condominiums and the like. For purposes of these regulations, regardless of how rental units are equipped, any MULTI-FAMILY DWELLING in which units are available for rental partly on a monthly basis and partly for a shorter time period, but with less than 30% of the living units under the same ownership or management on the same lot being occupied on a less-than-monthly basis, shall be considered as a semi-transient residential activity.

DWELLING, SINGLE-FAMILY DETACHED. A single-family dwelling entirely separated from structures on adjacent lots.

DWELLING, TWO-FAMILY. A detached residential building containing two dwelling units, designed tor occupancy by not more than two families.

DWELLING UNIT. A room or rooms connected together, constituting a separate independent housekeeping establishment for one family only, for owner occupancy or for rental, lease or other occupancy on a weekly or longer basis, physically separated from any other rooms or dwelling units, and containing independent cooking and sleeping facilities.

FAMILY. An individual or a group of two or more persons related by blood, marriage or adoption, together with not more than three additional persons not related by blood, marriage or adoption, living together as a single housekeeping unit.

FLOOR AREA. The total of the gross areas of all floors, including usable basements and cellars, below the roof and within the outer surface of the main walls of principal or accessory buildings or the centerlines of party walls separating such buildings or portions thereof, but excluding the following:

(1) Areas used for off-street parking spaces or loading berths and driveways and maneuvering aisles relating thereto required in this chapter; and

(2) In the case of nonresidential facilities: arcades, porticoes and similar open areas which are located at or near street level, which are accessible to the general public, and which are not designed or used as sales, display, storage, service or production areas.

HOME OCCUPATION. An occupation conducted in a dwelling unit, provided that:

(1) Only one person other than members of the family residing on the premises shall be engaged in such occupation;

(2) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25% of the floor area of the dwelling unit shall be used in the conduct of the home occupation;

(3) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding one square foot in area, non-illuminated and mounted flat against the wall of the principal building;

(4) No home occupation shall be conducted in any accessory building;

(5) There shall be no sales in connection with such home occupation;

(6) No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard; and

(7) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family dwelling, or outside the dwelling unit if conducted in other than a single-family dwelling.

HOSPITAL. An institution rendering medical, surgical, obstetrical or convalescent care, including nursing homes, homes for the aged and sanitarians but in all cases excluding institutions primarily for mental or feebleminded patients, epileptics, alcoholics or drug addicts.

INCIDENTAL ALTERATIONS.

(1) Changes or replacements in the nonstructural parts of a building or other structure without limitations to the following examples:

(a) Alteration of interior partitions to improve livability in a nonconforming residential building, provided that no additional dwelling units are created;

(b) A minor addition to the exterior of a residential building, such as an open porch;

(d) Replacement of, or minor changes in, capacity of utility pipes, ducts or conduits.

(2) Changes or replacements in the structural parts of a building or other structure, limited to the following examples or others of similar character or extent:

(a) Making windows or doors in exterior walls;

(b) Replacement of building facades having non-load-bearing capacity; and

(c) Strengthening the floor load-bearing capacity, in not more than 10% of the total floor area, to permit the accommodation of specialized machinery or equipment.

JUNKYARD. The use of any area of land lying within 100 feet of a state highway or the use of more than 200 square feet of land area in any location for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials. This term includes the term AUTOMOBILE GRAVEYARD.

KENNEL. A place prepared to house, board, breed, handle or otherwise keep or care for dogs, cats or other small animals for sale or in return for compensation.

LANDSCAPING. The planting and maintenance of trees, shrubs, lawns and other ground cover or materials, provided that terraces, fountains, retaining walls, street furniture, sculptures or other art objects and similar accessory features may be included as landscaping if integrally designed.

LOT. A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other spaces as required by this chapter. A LOT shall have frontage on an approved public street. A LOT shall either be shown on a plat of record or be considered as a unit of property described by metes and bounds.

LOT AREA. The entire area of a lot.

LOT COVERAGE. The portion of a lot which when viewed directly from above, would be covered by a building or any part of a building.

LOT FRONTAGE. The front of a lot shall be the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered FRONTAGE, and yards shall be provided as indicated in this chapter.

LOT LINE. A line marking the boundary of a lot.

LOT MEASURES.

(1) LOT DEPTH. The average horizontal distance between the front and rear lot lines.

(2) LOT WIDTH. The average horizontal distance between side lot lines.

LOT OF RECORD. A lot which is part of a subdivision recorded in the Clerk’s office of the Circuit Court, or a lot whose existence, location and dimensions have been legally recorded or registered in a deed prior to the enactment of this chapter.

LOT TYPES. The diagram (Figure 1) which follows illustrates terminology used in this chapter with reference to corner lots, interior lots, reversed frontage lots and through lots. In this diagram:

(1) A = CORNER LOT. A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost points of the lot meet at an interior angle of less than 135 degrees. See lots marked A(1) in the diagram.

(2) B = INTERIOR LOT. A lot other than a corner lot with only one frontage on a street.

(3) C = THROUGH LOT. A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.

(4) D = REVERSED FRONTAGE LOT. A lot on which the frontage is at right angles or approximately right angles (interior angle less than 135 degrees) to the general pattern in the area. A reversed frontage lot may also be a corner lot (A-D in the diagram), an interior lot (B-D) or a through lot (C-D).

MOBILE HOME or TRAILER. See DWELLING, MOBILE HOME.

MOBILE HOME PARK. An area where two or more mobile homes or trailers can be and are intended to be parked, designed or intended to be used as temporary or permanent living facilities for two or more families.

MOBILE HOME SPACE. A plot of ground within a mobile home park, designed to accommodate one mobile home and which has water, sewer and electricity available at the space.

MOBILE HOME STAND. That part of an individual mobile home space which has been reserved for the placement of the mobile home.

MOTEL, MOTOR HOTEL, MOTOR LODGE. The same as TRANSIENT LODGING.

NONCOMPLYING BUILDING, STRUCTURE OR USE.

(1) Any lawful building or other structure which does not comply with any one or more of the applicable bulk regulations; or

(2) Any lawful use other than a nonconforming use, which does not comply with any part or any one or more of the applicable regulations pertaining to: location along district boundary; signs; or accessory off-street parking and loading; either on the effective date of this chapter or as a result of any subsequent amendment.

NONCONFORMING USE. A lawful use of a building or other structure or of a tract of land which does not conform to any one or more of the applicable use regulations of the district in which it is located, either on the effective date of this chapter or as a result of any subsequent amendment.

PRINCIPAL ACTIVITY. An activity which fulfills a primary function of an establishment, institution, household or other entity.

PRINCIPAL BUILDING. A building which contains the principal activity or use located on the lot on which it is situated.

PROFESSION (PROFESSIONAL OFFICE). The term “profession,” as used in this chapter, is limited in its application to physicians and surgeons, lawyers, members of the clergy, architects and engineers, or other persons holding advanced degrees from institutions of higher learning in the field in which they practice. The term is not intended to include insurance agents, insurance adjusters, realtors, photo studios, beauty parlors, barber shops, dance schools, business schools or any persons engaged in sales or trade. In permitting PROFESSIONAL OFFICE as home occupations, and only as accessory uses in certain districts, it is intended that such offices shall be subject to limitations placed on home occupations generally, but that only offices occupied by persons engaged in professions, as herein defined, shall be permitted.

REQUIRED YARD. That portion of a lot that is required by the specific district regulation to be open from the ground to the sky and may contain only explicitly listed obstructions.

RESIDENCE.

(1) A building or part of a building containing one or more dwelling units or rooming units, including single-family or two-family houses, multiple dwellings, boarding or rooming houses, or apartment hotels.

(2) However, RESIDENCES do not include:

(a) Such transient accommodations as transient hotels, motels, tourist homes or similar establishments;

(b) Dormitories, fraternity or sorority houses, monasteries or convents, or similar establishments containing group living or sleeping accommodations;

(c) Nurses, rest homes or other sleeping or living accommodations in community facility buildings or portions of buildings used for community facilities; or

(d) In a mixed building, that part of the building used for any nonresidential uses, except uses accessory to residential uses.

RESTAURANT. An establishment where food is ordered, prepared and served for pay.

RESTAURANT, CONVENTIONAL. A restaurant with a seating capacity of 50 persons or more wherein the number of counter stools does not exceed 20% of the total number of seats, including table or booth seats, and food is served primarily for consumption on the premises in a completely enclosed room, under roof of the main structure or in an interior court.

RESTAURANT, DRIVE-IN. A restaurant wherein special facilities are available or special provision is made to make available service or goods to be consumed by patrons off the premises, by patrons in automobiles, or by patrons who may serve themselves and consume the goods in other than a completely enclosed structure or an interior court on the premises. The term includes any restaurant offering special “curb service” or “drive-in service.”

RETAIL STORES AND SHOPS. Buildings for display and sale of merchandise at retail or for the rendering of personal services (but specifically exclusive of coal, wood and lumber yards), such as the following, which will serve as illustration: drugstore, newsstand, food store, candy shop, dry goods and notions store, antique store and gift shop, hardware store, household appliance store, furniture store, optician, music and radio store, tailor shop, banker shop and beauty shop.

SEMI-TRANSIENT RESIDENTIAL ESTABLISHMENT. An establishment where lodging is provided for compensation partly on a monthly or longer basis and partly for a shorter time period, but with less than 30% of the living units under the same ownership or management on the same lot being occupied on a less than monthly basis; but excluding institutional living arrangements involving the provision of specific kinds of forced residences, such as nursing homes, orphanages, asylums and prisons.

SETBACK LINE. A line running parallel to the street which establishes the minimum distance the principal building must be setback from the street line.

SIGN.

(1) Any writing (including letter, word or numeral); pictorial presentation (including illustration, or decoration); emblem (including device, symbol or trademark); flag (including banner or pennant); or any other figure of similar character, which:

(a) Is a structure or any part thereof, or is attached to, painted on or in any other manner represented on a building or other structure;

(b) Is used to announce, direct attention or advertise; and

(2) A SIGN shall include writing, representation or other figure of similar character within a building only when illuminated and located within a window.

SIGN, ACCESSORY BUSINESS. A sign which directs attention to a profession, business, commodity, service or entertainment conducted, sold or offered on the same lot.

SIGN, ADVERTISING. A sign which directs attention to a business, profession, commodity, service or entertainment not necessarily conducted, sold or offered on the same lot.

SIGN, CIVIC. A sign identifying the nature of activity and other pertinent information for any community facility activity.

SIGN, DEVELOPMENT. A sign denoting the futive facility, architect, engineer, contractor, lending agency and/or developer on construction site.

SIGN, REALTY. A sign indicating pertinent information regarding property of sale, lease or rent.

SIGN, RESIDENTIAL. An accessory sign which indicates the name and/or address of the occupant or a permitted home occupation.

STORY. A portion of a building between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, the space between such floor and the ceiling next above it, provided that the following shall not be deemed a STORY:

(1) A basement or cellar if the finished floor level directly above it is not more than six feet above the average adjoining elevation of finished grade; and

(2) An attic or similar space under a gable, hip or gambrel roof, the wall plates or any exterior walls are not more than two feet above the floor of such space.

STREET. A publicly maintained right-of-way, other than an alley, which affords a primary means of access to abutting property. The word STREET shall include the words ROAD, HIGHWAY and THOROUGHFARE.

STREET LINE. The property line which bounds the right-of-way set aside for use as a street. Where sidewalks exist and the location of the property line is questioned, the side of the sidewalk farthest from the traveled street shall be considered as the street line.

STRUCTURE. Anything constructed or erected, the use of which requires a permanent location on the ground or attachment to something having a permanent location on the ground. This includes, but is not limited to, buildings, towers, smokestacks and overhead transmission lines.

TRANSIENT LODGINGS. A building or a group of buildings in which sleeping accommodations are offered to the public and intended primarily for rental to transients with daily charge.

TRAVEL TRAILER. A travel trailer, pickup camper, converted bus, tent/trailer, tent or similar device used for temporary portable housing or a unit which:

(1) Can operate independent of connections to external sewer, water and electrical systems;

(2) Contains water storage facilities and may contain a lavatory, kitchen sink and/or bath facilities; and/or

(3) Is identified by the manufacturer as a travel trailer and/or is designed as a travel trailer.

TRAVEL TRAILER PARK. Any plot of ground upon which two or more travel trailers, occupied for camping or periods of short stay, are located.

USE. The purpose for which land or water or a structure thereon is designed, arranged and intended to be occupied or utilized or for which it is occupied or maintained

USE AND OCCUPANCY PERMIT. A written permit issued by the Zoning Adrninistrator required before occupying or commencing to use any budding or other structure or any lot.

USE, PUBLIC. Any use that is under control of a unit of general purpose government or governmental agency.

USE, RECREATION. Any use of land or water and facilities provided for the enjoyment of the general public.

USE, SEMI-PUBLIC. Any use that is under the control of a non-private organization or a non-governmental agency which provides a public service.

YARD. An open space on the same lot with a principal building, open, unoccupied and unobstructed by buildings from the ground to the sky except as otherwise provided in this chapter. The measurement of a YARD shall be construed as the minimum horizontal distance between the lot lines and any part of the building, such as roof overhang.

YARD, FRONT. A yard extending along the full length of a front lot line. In the case of a corner lot, a yard of at least the full depth required for a FRONT YARD in these regulations, and extending along the full length of a street line shall be considered a FRONT YARD. At least one such yard shall be designated for each corner lot, at least two such yards shall be designated for each through lot, and each through corner lot.

YARD, REAR. A yard extending for the full length of a rear lot line.

YARD, SIDE.

(1) A yard extending along a side lot line from the required front yard to the required rear yard.

(2) In the case of a corner lot, any yard which abuts a street line and which is not designated a front yard shall be considered a SIDE YARD.

(3) In the case of a through lot, SIDE YARDS shall extend between the required front yards.

ZONING PERMIT. A written permit issued by the Zoning Administrator which is required before commencing any construction, reconstruction, alteration of any building or other structure or before establishing, extending or changing any activity or use on any lot.

(1996 Code, § 176-7)

§ 153.020 INTERPRETATION OF PROVISIONS.

In their interpretation and application, the provisions of this chapter shall be held to the minimum requirements for the promotion of the public health, safety, morals and welfare.

(1996 Code, § 176-8)

§ 153.021 RELATIONSHIP TO OTHER LAWS AND PRIVATE RESTRICTIONS.

(A) Where the conditions imposed by any provisions of this chapter upon the use of land or buildings or upon the height or bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this chapter or of any other law, resolution, ordinance, rule or regulation of any kind, the regulations which are more restrictive shall apply.

(B) This chapter is not intended to abrogate any easement, covenant or any other private agreement provided that where the regulations of this chapter are more restrictive (or impose higher standards or requirements) than such easements, covenants or other private agreements, the requirements of this chapter shall govern.

(1996 Code, § 176-9)

§ 153.022 PROVISIONS NOT TO CONSTITUTE CONSENT PERMIT.

Nothing contained in this chapter shall be deemed to be a consent, license or permit to use any property or to locate, construct or maintain any building, structure or facility or to carry on any trade, industry, occupation or activity.

(1996 Code, § 176-10)

§ 153.023 PROVISIONS TO BE CUMULATIVE.

The provisions of this chapter are cumulative with additional limitations imposed by all other laws and ordinances heretofore passed or which may be passed hereafter, governing any subject matter appearing in this chapter.

(1996 Code, § 176-11)

§ 153.024 SEVERABILITY.

It is hereby declared to be the intention of the Town Council that the several provisions of this chapter are separable in accordance with the following.

(A) If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, such judgment shall not affect any other provision of this chapter not specifically included in said judgment.

(B) If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular property, building or other structure, such judgment shall not affect the application of said provisions to any other property building or structure not specifically included in said judgment.

(1996 Code, § 176-12)

§ 153.025 APPLICATION OF REGULATIONS.

(A) No building or other structure shall be constructed, erected, placed or maintained and no land use commenced within the town except as specifically or by necessary implication, authorized by this chapter.

(B) Conditional uses are allowed only on permit granted by the Board of Zoning Appeals upon finding that the specified conditions exist.

(C) Where a lot is devoted to a permitted principal use, customary accessory uses and structures are authorized except as prohibited specifically or by necessary implication.

(1996 Code, § 176-13)

§ 153.026 SCOPE OF REGULATIONS.

(A) New uses, lots, buildings or other structures. Upon the effective date of this chapter any new building or other structure or any tract of land shall be used, constructed or developed only in accordance with the use, bulk and all other applicable provisions of this chapter.

(B) Existing uses, lots, buildings or other structures.

(1) Any existing use legally established prior to the effective date of this chapter which does not comply with its provisions shall be subject to the nonconfonning use provision in §§ 153.141 et seq.

(2) Any existing lot, parcel, building or other structure legally established prior to the effective date of this chapter which does not comply with its provisions, other than use provisions, shall be subject to the nonconforming regulations in §§ 153.141 et seq.

(3) Alteration of existing buildings and other structures. All structural alterations or relocation of existing buildings or structures occurring after the effective date of this chapter and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this chapter which are applicable to the zoning districts in which such buildings, uses or land shall be located.

(1996 Code, § 176-14)

§ 153.027 NONCONFORMING USES.

Any use in effect at the time of adoption of this chapter which is not permitted as of right shall be continued, charged, extended, enlarged or structurally altered only as set forth in §§ 153.141 et seq. of this chapter.

(1996 Code, § 176-15)

§ 153.040 ESTABLISHMENT OF DISTRICTS.

In order to implement all purposes and provisions of this chapter, the lands within the corporate limits of the town are divided into districts designated as follows:

(A) Open Space and Agriculture Districts:

(1) CN Conservation; and

(2) A Agriculture.

(B) Residential Districts:

(1) R-1 Medium Density Residential;

(2) R-2 Multi-Family Residential; and

(3) MHP Mobile Home Park.

(1) NC Neighborhood Commercial;

(2) CC Core Commercial; and

(3) GC General Commercial.

(D) Industrial Districts: I Industrial;

(E) Flood Hazard District; and

(F) Historic District.

(1996 Code, § 176-16)

§ 153.041 INTERPRETATION OF DISTRICT BOUNDARIES.

When uncertainty exists as to the boundaries of districts shown on the official zoning map, the following shall apply.

(A) Boundaries indicated as approximately following the centerline of streets, highways or alleys shall be construed to follow such centerlines.

(B) Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(C) Boundaries indicated as approximately following corporate limits shall be construed as following such corporate limits.

(D) Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

(E) Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in the shore line shall be construed as moving with the actual shore lines; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines.

(F) Boundaries indicated as parallel to or extensions of features indicated in divisions (A) through (E) above shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of map.

(G) Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by divisions (A) through (F) above, the Board of Zoning Appeals shall interpret the district boundaries.

(1996 Code, § 176-17)

§ 153.042 APPLICATION OF DISTRICT REGULATIONS

The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as herein provided.

(A) No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.

(B) No building or other structure shall hereafter be erected or altered to exceed the height or bulk; to accommodate or house a greater number of families; to occupy a greater percentage of lot area; to have narrower or smaller rear yards, front yards, side yards or other open space than herein required; or in any other manner contrary to the provisions of this chapter.

(C) No part of a yard, or other open space, or off-street parking or loading space required in connection with any building for the purpose of complying with this chapter, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.

(D) No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.

(1996 Code, § 176-18) Penalty, see § 153.999

§ 153.043 CONSERVATION AND AGRICULTURE DISTRICT REGULATIONS.

(A) General purpose of Conservation and Agriculture Districts.

(1) The conservation and agriculture districts established in this chapter are designed to promote and protect the health, safety and general welfare.

(2) These general goals include:

(a) To provide sufficient space in appropriate locations to be utilized for agricultural activities;

(b) To protect from development conservation and recreation areas which are unsuited for extensive development due to the topography of the land; and

(c) To provide sufficient space in appropriate locations to be used as a transitional agricultural area to permit the orderly expansion of urban development into predominantly agricultural land within the corporate limits.

(1996 Code, § 176-19)

(B) CN Conservation District.

(1) Purpose and intent.

(a) This district is designed to include areas which cannot readily support extensive development due to slope and topography.

(b) This district is intended to preserve and protect the existing natural amenities and rural character of these areas.

(c) It is the intent of this district to permit agriculture and forestry as well as to preserve the land for recreational and conservation uses.

(1996 Code, § 176-20)

(2) Uses.

(a) Principal permitted uses. Principal permitted uses shall be as follows:

1. Agriculture;

2. General fanning;

3. Greenhouses; and

4. Forestry open space.

(b) Permitted accessory uses. Accessory structures customarily incidental to the above permitted uses.

(c) Conditional uses. The following activities may be permitted only as conditional uses in accordance with §§ 153.160 through 153.167:

1. Public park or playground; and

2. Utility facilities necessary for public services.

(d) Prohibited uses. Any use not allowed by right, by accessory use or conditional use is prohibited in the CN District.

(1996 Code, § 176-21)

(3) Bulk regulations. These bulk regulations apply to buildings or other structures located on any lot, including all new developments, enlargements, extensions or conversions located in the CN District.

(a) Minimum required lot area. Within the CN District, the minimum required lot area for permitted uses shall be 88,000 square feet.

(b) Maximum lot coverage. Within the CN District, there is no maximum lot coverage requirement.

(c) Maximum height. The maximum height of a front wall or other portion of a building or other structure shall be 50 feet above the curb level, however, this limitation shall not apply to: belfries; spires; flagpoles; or antennas.

(1996 Code, § 176-22)

(4) Yard requirements. These basic yard regulations apply to all lots located within the CN District.

(a) Front yards shall not be less than 50 feet. On corner lots there shall be a front yard on each street.

(b) Side yards shall not be less than 80 feet on each side and a total of 160 feet.

(1996 Code, § 176-23)

(5) Sign regulations. In the CN District, signs shall be permitted as follows:

(a) Realty signs, only to advertise the sale or rent of the premises upon which erected. The maximum size shall be four square feet; and

(b) Civic signs; the maximum size shall be eight square feet.

(1996 Code, § 176-24)

(Ord. passed 6-8-2010)

§ 153.044 A AGRICULTURAL DISTRICT.

(A) Purpose and intent. This district is designed to encompass agricultural areas into which urban development could logically expand as the need arises. This district generally surrounds residential development. Public water and sewerage facilities, police and fire protection, and other community services necessary to accommodate urban development already exist in the district or can be economically extended as development occurs.

(1996 Code, § 176-25)

(B) Uses.

(1) Principal permitted uses. Principal permitted uses shall be as follows:

(a) Single-family detached dwelling;

(b) Agriculture, general farming, greenhouses and forestry;

(d) Mobile homes.

(2) Permitted accessory uses. Permitted accessory uses shall be as follows:

(a) Private garages and parking areas;

(b) Private swimming pools, tennis courts and other outdoor recreation facilities exclusively for use of the residents;

(d) Accessory structures customarily incidental to the above permitted uses.

(3) Conditional uses. The following activities may be permitted only as conditional uses in accordance with §§ 153.160 through 153.167:

(a) Community education;

(b) Public park or playground; and

(4) Prohibited uses. Any use not allowed by right, by accessory use or conditional use is prohibited in the A District.

(1996 Code, § 176-26)

(C) Bulk regulations. These bulk regulations apply to buildings or other structures located on any lot, deluding all new developments, enlargements, extensions or conversions located in the A District.

(1) Minimum required lot area. Within the A District, the minimum required lot area for permitted uses shall be one acre.

(2) Maximum lot coverage. Within the A District, there is no maximum lot coverage requirement.

(3) Maximum height. The maximum height of a front wall or other portion of a building or other structure shall be 35 feet above the curb level. However, this limitation shall not apply to: belfries; spires; flagpoles; or antennas.

(1996 Code, § 176-27)

(D) Yard requirements. These basic yard regulations apply to all lots located within the A District.

(1) Front yards shall not be less than 50 feet. On corner lots, there should be a front yard on each street.

(2) Side yards shall not be less than 50 feet on each side and a total of 100 feet.

(3) Rear yards shall not be less than 50 feet.

(1996 Code, § 176-28)

(E) Sign regulations. In the A District signs shall be permitted as follows:

(1) Realty signs, only to advertise the sale or rent of the premises upon which erected. The maximum size shall be four square feet;

(2) Civic signs: the maximum size shall be eight square feet; and

(3) Residential signs: the maximum size shall be two square feet.

(1996 Code, § 176-29)

§ 153.045 RESIDENTIAL DISTRICT REGULATIONS.

(A) General purpose of Residential Districts.

(1) The residential districts established in this chapter are designed to promote and protect the health, safety and general welfare.

(2) These general goals include:

(a) To provide sufficient space in appropriate locations for residential developments to meet adequately the housing needs of the present and expected future population for a variety of choices in site selections;

(b) To permit improved movement on the public ways and to utilize effectively existing public ways, and, as far as possible, to mitigate the effects of heavy traffic and more particularly, all through traffic, in residential areas;

(d) To protect residential areas against undue congestion, as far as possible, by regulating the density of population, the intensity of activity, and the bulk of buildings in relation to the surrounding land and to one another, and by providing for off-street parking spaces for automotive vehicles;

(e) To provide for access of light and air to windows and for privacy, as far as possible, by controls over the height of buildings and structures;

(f) To provide appropriate space for public and private educational, religious, recreational and similar facilities and public utilities which serve the needs of nearby residents and which do not create objectionable influences; and to coordinate the intensity of residential land use with the appropriate community facilities; and

(g) To provide the most desirable use of land in accordance with a comprehensive plan in order to protect the character of residential neighborhoods, to conserve the value of land and buildings, and to protect the community’s tax revenues.

(1996 Code, § 176-30)

(B) R-1 Medium Density Residential Districts; purpose and intent.

(1) This district is designed to provide suitable areas for medium density residential development in areas where necessary community services and facilities are provided or where the extension of these facilities is physically and economically feasible.

(2) This district will be characterized generally by single-family dwellings with other type dwellings located where community services and facilities are adequate to meet all demands.

(3) This district also includes community facilities, public utilities and open uses which serve the residents of these districts.

(4) It is the express purpose of this chapter to exclude from this district all buildings or other structures and uses having commercial characteristics whether operated for profit or otherwise, except that conditional uses and home occupations specifically provided for in these regulations shall be permitted if they otherwise conform to the provisions of this chapter.

(1996 Code, § 176-31)

(1) Principal permitted uses. Principal permitted uses shall be as follows:

(a) Single-family detached dwelling;

(b) Two-family dwelling; and

(2) Permitted accessory uses. Permitted accessory uses shall be as follows:

(a) Private garages and parking areas;

(b) Private swimming pools, tennis courts and other outdoor recreation facilities exclusively for use of the residents;

(d) Accessory structures customarily incidental to the above permitted uses.

(3) Conditional uses. The following activities may be permitted only as conditional uses in accordance with §§ 153.160 through 153.167:

(a) Community education;

(b) Library;

(d) Utility facilities necessary for public services; and

(e) Bed-and-breakfast, as a home occupation.

(4) Prohibited uses. Any use not allowed by right, by accessory use or conditional use is prohibited in the R-1 Medium Density Residential District.

(1996 Code, § 176-32)

(D) R-1 Medium Density Residential Districts; bulk regulations. These bulk regulations apply to buildings or other structures located on any lot, including all new developments, enlargements, extensions or conversions located in the R-1 District.

(1) Minimum required lot area. Within the R-1 District, the minimum required lot area shall be 11,500 square feet.

(2) Maximum lot coverage. Within the R-1 District, the maximum lot coverage for all structures, including accessory structures, shall not exceed 35% of the total lot area.

(1996 Code, § 176-33)

(E) R-1 Medium Density Residential Districts; yard requirements. These basic yard regulations apply to all lots located within the R-1 District.

(1) Front yards shall not be less than 30 feet. On double frontage and corner lots, there shall be a front yard on each street.

(2) Side yards shall not be less than ten feet, on each side and a total of 20 feet.

(3) Rear yards shall not be less than 30 feet.

(1996 Code, § 176-34)

(F) Sign regulations. In the R-1 District, signs shall be permitted as follows:

(1) Realty signs, only to advertise the sale or rent of the premises upon which erected. The maximum size shall be four square feet;

(2) Civic signs: the maximum size shall be eight square feet; and

(3) Residential signs: the maximum size shall be two square feet.

(1996 Code, § 176-35)

§ 153.046 R-2 MULTI-FAMILY RESIDENTIAL DISTRICTS.

(A) Purpose and intent.

(1) This district is designed to provide suitable areas for high density residential development where necessary community services and facilities are available or where the extension of these facilities are physically and economically feasible.

(2) It is the intent of this district to allow multiple dwelling units in a building provided there is sufficient lot area and open space in the lot relative to the number of dwelling units.

(3) This district also includes community facilities, public utilities and open spaces which serve the residents of the district.

(4) It is the express purpose of this chapter to exclude from the district all buildings or other structures and uses having commercial characteristics whether operated for profit or otherwise, except that conditional uses and home occupations specifically provided for in these regulations shall be permitted if they otherwise conform to the provisions of this chapter.

(1996 Code, § 176-36)

(B) Uses.

(1) Principal permitted uses shall be as follows:

(a) Multi-family dwellings; and

(b) Place of worship.

(2) Permitted accessory uses shall be as follows:

(a) Private garages and parking areas;

(b) Private swimming pools, tennis courts and other outdoor recreation facilities exclusively for the use of the residents;

(d) Accessory structures customarily incidental to the above permitted uses.

(3) The following activities may be permitted only as conditional uses in accordance with §§ 153.160 through 153.167:

(a) Community education;

(b) Library;

(d) Utility facilities necessary for public service; and

(e) Bed-and-breakfast, as a home occupation.

(4) Any use not allowed by right, by accessory use or conditional use is prohibited in the R-2 High Density Residential District.

(1996 Code, § 176-37)

(C) Bulk regulations. These bulk regulations apply to all buildings or other structures located on any lot, including all new developments, enlargements, extensions or conversions located in any R-2 District.

(1) Minimum required lot area. Within the R-2 District, the minimum required lot area for multi-family dwelling shall be 9,000 square feet or 2,500 square feet for each dwelling unit, whichever is greater.

(2) Maximum lot coverage. Within the R-2 District, the maximum lot coverage for all buildings and structures, including accessory structures, shall not exceed 40% of the total lot area.

(1996 Code, § 176-38)

(D) Yard requirements. These basic yard regulations apply to all lots located within the R-2 District.

(1) Front yards shall not be less than 30 feet.

(2) Side yards shall not be less than eight feet on each side and a total of 16 feet.

(3) Rear yards shall not be less than 30 feet.

(1996 Code, § 176-39)

(E) Sign regulations. In the R-2 District signs shall be permitted as follows:

(1) Realty signs, only to advertise the sale or rent of the premises upon which erected. The maximum size shall be six square feet;

(2) Civic signs: the maximum size shall be eight square feet; and

(3) Residential signs: the maximum size shall be two square feet.

(1996 Code, § 176-40)

(F) Regulations for site plan review.

(1) General provisions. No permits shall be issued for the construction of or conversion to multiple-family dwelling until the proposed site development plan has been reviewed by the Town Planning Commission and approved by the Town Council.

(2) Design considerations.

(a) Approval of the Town Council of the site development plans will require that the plat of the proposed design indicate the location and size (height and bulk) of all proposed buildings; traffic circulation features (vehicular and pedestrian); recreation areas; other open spaces; walls, hedges, fences and signs that may be proposed; and the proposed handling of sewage disposal, water supply and storm drainage.

(b) Before approving the site development plan, the Town Council shall be assured that safety and convenience of traffic movement is provided both on the site and at the points of access to public streets and that the architectural style and building layout are in harmony with adjacent areas.

(1996 Code, § 176-41)

§ 153.047 MHP MOBILE HOME PARK RESIDENTIAL DISTRICTS.

(A) Purpose and intent.

(1) This district is designed to provide suitable areas for mobile home park residential development where appropriate community services and facilities are provided or where the extension of such facilities will be physically and economically feasible.

(2) This district will be characterized by single-family mobile home dwellings in mobile home parks, and accessory structures.

(3) This district will also include community facilities, public utilities and open uses which serve the residents of the district.

(4) Home occupations specifically provided for in these regulations shall be permitted if they otherwise conform to the provisions of this chapter.

(1996 Code, § 176-42)

(B) Uses.

(1) Principal permitted uses shall be as follows:

(a) Mobile home dwelling in mobile home park; and

(b) Place of worship.

(2) Permitted accessory uses shall be as follows:

(a) Private garages and parking areas;

(b) Private swimming pools, tennis courts and other outdoor recreation facilities exclusively for the use of the residents;

(d) Accessory structures customarily incidental to the above permitted uses.

(3) The following activities may be permitted only as conditional uses in accordance with §§ 153.160 through 153.167:

(a) Community education;

(b) Library;

(d) Utility facilities necessary for public service.

(4) Any use not allowed by right, by accessory use or conditional use is prohibited in the MHP Mobile Home Park Residential District.

(1996 Code, § 176-43)

(1) Minimum required lot area. Within all MHP Districts, the minimum required lot area for mobile home park shall be five acres.

(2) Minimum mobile home plot size. The minimum plot size for an individual mobile home in the mobile home park shall be 4,500 square feet and served by public sewer.

(1996 Code, § 176-44)

(D) Yard requirements. These basic provisions apply to all individual mobile home plots located in the Mobile Home Park District.

(1) Front yards for each individual mobile home plot shall be a minimum of 15 feet.

(2) Side yards for each individual mobile home plot shall be a minimum of 15 feet on each side and a total of 30 feet.

(3) Rear yards for each individual mobile home plot shall be a minimum of 15 feet.

(1996 Code, § 176-45)

(E) Special provisions for mobile homes. Due to the unique characteristics of mobile homes, the following restrictions are applied in order to eliminate the adverse effects of such structures and at the same time, permit such structures as an alternative form of housing.

(1) All mobile homes shall be underpinned, and axles and wheels shall be covered. The trailer hitch shall be removed if it is the removable type or shielded if not removed. All mobile homes shall be set on firm blocks at a minimum depth of 14 inches. Each mobile home shall be anchored with approved anchors.

(2) Mobile homes shall be permitted only in those locations designated on the town’s zoning map as MHP Mobile Home Park Residential District. No traditional housing units shall be permitted in this district in order to prevent a mixture of the two types of structures.

(1996 Code, § 176-46)

(F) Licenses and permit required.

(1) No mobile home may be located in the town, unless the same shall be in an approved and duly licensed mobile home park or in the Agricultural District.

(2) It shall be unlawful for any person to maintain or operate within the corporate limits of the town any mobile home park unless such person shall first obtain a zoning and occupancy permit for the park. (The County Health Department also requires a permit to operate a MHP.)

(1996 Code, § 176-47)

(G) Application for license.

(1) Applications for a mobile home park zoning permit shall be filed with and issued by the Zoning Administrator.

(2) Applications shall be in writing signed by the applicant and shall contain the following:

(a) The name and address of the applicant;

(b) The location and legal description of the mobile home park;

(d) Plans and specifications of all buildings and other improvements constructed or to be constructed within the mobile home park. The sketch shall be drawn to scale showing the number and arrangement of mobile home lots, roadways, water supply, water outlets, location and type of sewage, liquid and garbage disposal and location on other facilities; and

(e) Such further information as may be requested by the Zoning Administrator to enable a determination to be made that the proposed park will comply with legal requirements.

(2) The application and all accompanying plans and specifications shall be filed in triplicate.

(a) The Zoning Administrator, the County Health Department and the Mayor shall review the proposed plans and specifications.

(b) The Zoning Administrator shall approve the application and upon completion of the park according to the plans, shall issue the occupancy permit.

(1996 Code, § 176-48)

(H) Specifications for mobile home park plan. The mobile home park shall conform to the following requirements.

(1) The park shall be located on a well-drained site, properly graded to ensure rapid drainage and freedom from stagnant pools of water.

(2) The minimum required lot area for a mobile home park shall be five acres.

(3) Mobile home spaces shall be clearly defined and mobile homes parked so that there will be at least 30 feet of clear space between mobile homes or any attachment, such as a garage or porch, 15 feet between mobile homes and any buildings or structure, and at least 15 feet between any mobile home park property line. No mobile home shall be located closer than 15 feet to any public street or highway.

(4) The minimum plot size for an individual mobile home in the mobile home park shall be 4,500 square feet.

(5) The minimum yard requirement for all individual mobile home plots in the mobile home park are:

(a) Front yards for individual mobile home plots shall be a minimum of 15 feet; and

(b) Side yards for individual mobile homes plots shall be a minimum of 15 feet and a total of 30.

(6) All mobile home spaces shall abut upon a driveway of not less than 30 feet in width which shall have unobstructed access to a public street. All driveways shall be lighted at night with 25-watt lamps at intervals of 100 feet located approximately 15 feet from the ground

(7) Paved walkways not less than three feet wide shall be provided from the mobile home spaces to the service buildings. The walkways shall be lighted at night with twenty-five-watt lamps at intervals of 100 feet approximately 15 feet from the ground.

(8) An electric outlet supplying 100 and 220 volts shall be provided for each mobile home space, and shall be weatherproof and accessible to the parked mobile home. All electrical installations shall be in compliance with the National Electrical Code.

(9) An adequate supply for water under pressure from a source and of a quality approved by the State Department of Health shall be provided; town water shall be used. Water shall be piped and metered to each mobile home lot.

(10) Liquified petroleum gas for cooking purposes shall not be used at individual mobile home spaces unless the containers are properly connected by copper or other suitable metallic tubing.

(a) Liquified petroleum gas cylinders shall be securely fastened in place, and adequately protected from the weather.

(b) No cylinder containing liquefied petroleum gas shall be located in a mobile home, nor within five feet of a door thereof.

(11) Waste from laundries shall be discharged into a public sewer in compliance with applicable ordinances. All kitchen sinks, washbasins, bath or shower tubs in any mobile home in any park shall empty into the sanitary sewer drain located on the mobile home space. Mobile home parks shall connect to the municipal sewer with approved and sized lines.

(12) Refuse storage, collection and disposal shall be in accordance with other regulations and ordinances of the town.

(13) The mobile home park shall be subject to the rules and regulations of the fire prevention authorities having jurisdiction.

(14) No permanent additions of any kind shall be built onto, nor become a part of, any mobile home. All mobile homes shall be set upon concrete blocks or steel piers which are constructed upon a concrete footing, and each mobile home shall be anchored with approved anchors.

(15) All service buildings, mobile homes, mobile home spaces and the grounds of the park shall be maintained in a clean, sightly condition and kept free of any conditions that will menace the health of any occupant or the public or constitute a nuisance.

(1996 Code, § 176-49)

(I) Register of occupants.

(1) It shall be the duty of the licensee to keep a register containing a record of all mobile home owners and occupants located within the park. The register shall contain the following information:

(a) Name and address of each occupant;

(b) The make, model and year of all mobile homes;

(d) The state issuing such title; and

(e) The dates of arrival and departure of each mobile home.

(2) The park shall keep the register available for inspection at all times by law enforcement officers, public health officials and other officials whose duties necessitate knowledge of the information contained in the register. The register records shall be current and for the three previous years.

(1996 Code, § 176-50) Penalty, see § 153.999

§ 153.048 COMMERCIAL DISTRICT REGULATIONS.

(A) General purposes of Commercial Districts.

(1) The commercial districts established by this chapter are designed to promote and protect the health, safety and general welfare.

(2) These general goals include:

(a) To provide sufficient space for the many and diverse types of commercial activity needed to serve the people and industry of the town;

(b) To promote the improvement and orderly growth of the existing well-located commercial centers;

(d) To promote the most efficient and desirable land use.

(1996 Code, § 176-54)

(B) NC Neighborhood Commercial District; purpose and intent.

(1) This district is designed to provide a limited variety of goods and services for the immediate residential neighborhood.

(2) It is not intended that this district permit uses which generate large volumes of truck traffic.

(3) Adequate buffers and appropriate open spaces between commercial and residential areas are required to protect the integrity of residential neighborhoods.

(1996 Code, § 176-55)

(1) Principal permitted uses shall be as follows:

(a) Convenience sales and service business;

(b) Real estate sales office;

(c) Insurance sales office, provided that no motor vehicles may be stored on-site for more than four hours for the purpose of processing same for coverage claims;

(d) Dwelling, single-family detached; and

(e) A combination, within the same structure, of items in divisions (C)(1)(a) and (C)(1)(d), (C)(1)(b) and (C)(1)(d) or (C)(1)(c) and (C)(1)(d) above.

(2) Permitted accessory uses shall be as follows:

(a) Accessory facilities and building customarily incidental to a permitted use;

(b) Accessory off-street parking and loading facilities as required in § 153.066; and

(3) The following activity may be permitted only as a conditional use in accordance with §§ 153.160 through 153.167:

(a) Utility facilities necessary for public services;

(b) Retail sales office;

(c) Personal services office, defined to include such business as insurance adjusters, photo studios, beauty parlors, barber shops, dance schools, business schools or persons engaged in sales or trade, but such professional service businesses must operate in such a manner so as to not produce on-street parking issues, traffic issues, nor noise issues; and

(d) A combination, within the same structure, of dwelling, single-family detached, and any one of items in divisions (C)(3)(a), (C)(3)(b) or (C)(3)(c) above.

(4) Any use not allowed by right, by accessory use or conditional use is prohibited in the Neighborhood Commercial District.

(1996 Code, § 176-56)

(D) NC Neighborhood Commercial District; bulk regulations.

(1) Minimum required lot area. Within the NC District, there is no minimum lot size.

(2) Maximum lot coverage. Within the NC District, the maximum lot coverage for all structures, including accessory structures, shall not exceed 40% of the total lot area.

(3) Maximum height. The maximum height of a front wall or other portion of a building or other structure shall be 25 feet above the curb level. However, this limitation shall not apply to: belfries; spires; flagpoles; or antennas.

(1996 Code, § 176-57)

(E) NC Neighborhood Commercial District; yard requirements. The basic yard regulations appearing below apply to all lots within the NC Districts.

(1) Front yards.

(a) Front yards shall be a minimum of 40 feet on lots that do not have facilities for parking within the required front yard. On lots that provide parking within the required front yard, the front yard shall be a minimum of 60 feet.

(b) On double frontage and corner lots, there shall be a front yard on each street.

(2) Side yards shall be a minimum of 50 feet on each side and a total of 100 feet when the lot adjoins a residential district. For all other lots within the NC District, the minimum side yard shall be 30 feet on each side and a total of 60 feet.

(3) Rear yards shall be a minimum of 50 feet when the lot adjoins a residential district. For all other lots within the NC District, the minimum rear yard shall be 30 feet.

(4) Notwithstanding divisions (E)(1), (E)(2) and (E)(3) above, for existing structures, the front, side and rear yard requirements shall be the existing front, side and rear yard as exists at the time the property is re-zoned as Neighborhood Commercial, provided that the Town Council, in considering there-zoning request, finds that the proposed use is harmonious with each use of the adjoining properties.

(1996 Code, § 176-58)

(F) NC Neighborhood Commercial District; use of required yard areas. The following uses may be made of yard areas in the NC District:

(1) Landscaping. All yards not occupied by parking and sidewalks shall be devoted to landscaping as defined in § 153.007;

(2) Driveway; and

(3) Sidewalks.

(1996 Code, § 176-59)

(G) NC Neighborhood Commercial District; site plan review.

(1) For all proposed development within the NC District, prior to issuance of a building permit, a site plan for the use and development of the entire tract shall be submitted to the Planning Commission. The site plan shall conform to the following requirements:

(a) Be drawn to a scale of one inch equals 100 feet;

(b) Include the following:

1. All existing and proposed roads and drainageways;

2. Curb cuts, drives and parking areas;

3. Landscaping and planting screens;

4. Building lines enclosing the portion of the tract within which buildings are to be erected;

5. The proposed use of the land and buildings; and

6. The existing zoning.

1. The entire town;

2. The street system;

3. The surrounding use districts; and

4. Surrounding properties.

(d) Provide a form for certification by the owner and trustee of the mortgage, if any, that they adopt the plan, and dedicate the streets as shown on the plan and agree to make any required improvements of adjacent streets as shown on the plan.

(2) If the proposed building or use is in conformity with the provisions of this chapter, a permit shall be issued to the applicant by the Administrator.

(1996 Code, § 176-60)

(H) NC Neighborhood Commercial District; enclosure, floor space and storage requirements.

(1) Enclosure requirements. All uses shall be conducted within completely enclosed building except for parking, loading and other accessory uses which by their nature must exist outside a building.

(2) Floor space limitation. No establishment shall occupy more than 2,500 square feet of floor space.

(3) Exterior storage of goods or materials of any kind is prohibited. The placement of waste disposal facilities is permitted in rear yards only, and such facilities shall be appropriately screened and maintained using the same material from which the principal use is constructed.

(1996 Code, § 176-61)

(Ord. passed 1-14-2014)

§ 153.049 CC CORE COMMERCIAL DISTRICT.

(A) Purpose and intent.

(1) This district is designed to provide for a wide range of retail, office, amusement and service uses normally found in a central business district.

(2) High intensity of use is permitted in this district, and increased building bulk is provided as a means of encouraging such development.

(3) This district is intended to be designed in a manner conductive to and safe for a high volume of pedestrian traffic.

(1996 Code, § 176-62)

(B) Uses.

(1) Principal permitted uses shall be as follows:

(a) Convenience sales and service;

(b) Retail sales and service;

(d) Financial institution;

(e) General personal service;

(f) Automotive repair and cleaning;

(g) Place of worship;

(h) Public building;

(i) Restaurants; and

(j) Animal services.

(2) Permitted accessory uses shall be as follows:

(a) Accessory facilities and buildings customarily incidental to a permitted use;

(b) Accessory off-street parking and loading facilities as required in § 153.066; and

(3) The following activities may be permitted only as conditional uses in accordance with §§ 153.160 through 153.167:

(a) Dwelling unit;

(b) Library;

(d) Utility facilities necessary for public service.

(4) Any use not allowed by right, by accessory use or conditional use is prohibited in the Core Commercial District.

(1996 Code, § 176-63) (Ord. passed 10-10-2023)

(1) Minimum required lot area. Within the CC District, there is no minimum lot size.

(2) Maximum lot coverage. Within the CC District, there is no maximum lot coverage requirement.

(3) Maximum height. The maximum height of a front wall or other portions of a building or other structure shall be 35 feet above the curb level. However, this shall not apply to: belfries; spires; flagpoles; or antennas.

(1996 Code, § 176-64)

(D) Yard requirements. Within the CC District, no yards, as such, are required. However, if an open area extending along a side lot line is provided, it shall be at least ten feet wide, and it shall be unobstructed from the ground to the sky.

(1996 Code, § 176-65)

(E) Use of open space. The following uses may be made of any open space in the CC District:

(1) Landscaping. All open areas not occupied by driveways, sidewalks and parking or loading, shall be devoted to landscaping as defined in § 153.007;

(2) Driveway;

(3) Off-street parking; and

(4) Sidewalks.

(1996 Code, § 176-66)

(F) Site plan review.

(1) For all proposed development within the CC District, prior to issuance of a building permit, a site plan for the use and development of the entire tract shall be submitted to the Planning Commission. The site plan shall conform to the following requirements:

(a) Be drawn to a scale of one inch equals 100 feet;

(b) Include the following:

1. All existing and proposed roads and drainageways;

2. Curb cuts, drives and parking areas;

3. Landscaping and planting screens;

4. Building lines enclosing the portion of the tract within which buildings are to be erected;

5. The proposed use of the land and buildings; and

6. The existing zoning.

1. The entire town;

2. The street system;

3. The surrounding use districts; and

4. Surrounding properties.

(d) Bear a certificate by a licensed civil engineer certifying that the plan as shown is true and correct;

(e) Bear a form for certificate of approval by:

1. Town Council; and

2. The Secretary of the Planning Commission.

(f) Provide a form for certification by the owner and trustee of the mortgage, if any, that they adopt this plan and dedicate the streets as shown on the plan and agree to make any required improvements of adjacent streets as shown on the plan.

(2) The Planning Commission shall refer the site plan to the Town Council which shall review the site plan. The Town Council shall review and make a recommendation to the applicant after receipt from the Planning Commission within 30 days.

(1996 Code, § 176-67)

(G) Exterior storage.

(1) Exterior storage of goods and materials of any kind is prohibited, unless otherwise approved by the Zoning Administrator.

(2) The placement of waste disposal facilities shall be in the rear of buildings only, unless otherwise approved by the Zoning Administrator.

(1996 Code, § 176-68)

§ 153.050 GC GENERAL COMMERCIAL DISTRICT.

(A) Purpose and intent.

(1) This district is designed to provide adequate space in appropriate locations for the establishment of a wide variety of uses including commercial trades and services, entertainment facilities, offices and establishments engaged in wholesale trade.

(2) Since these activities tend to generate relatively large volumes of traffic and have other characteristics detrimental to residential districts, their locations should be removed from the proximity of residential districts as much as possible.

(1996 Code, § 176-69)

(B) Uses.

(1) Principal permitted uses shall be as follows:

(a) Convenience sales and services;

(b) Retail sales and service;

(d) Animal care;

(e) Financial institution;

(f) General personal service;

(g) Automotive repair and cleaning;

(h) Transient habitation;

(i) Construction sales and service;

(j) Wholesale sales;

(k) Place of worship;

(l) Community education;

(m) Library;

(n) Public park or playground;

(o) Community assembly;

(p) Utility facilities necessary for public service;

(q) Healthcare;

(r) Public building; and

(s) Restaurants.

(2) Permitted accessory uses shall be as follows:

(a) Accessory facilities and structures customarily incidental to the above permitted uses;

(b) Accessory off-street parking and loading facilities as required in § 153.066; and

(3) The following activity may be permitted only as a conditional use in accordance with §§ 153.160 through 153.167: dwelling unit.

(4) Any use not allowed by right or by accessory use is prohibited in the GC General Commercial District.

(1996 Code, § 176-70)

(1) Minimum required lot area. Within the GC District, the minimum required lot area shall be 15,000 square feet.

(2) Maximum lot coverage. Within the GC District, the maximum lot coverage for all structures, including accessory structures, shall not exceed 50% of the total lot area.

(1996 Code, § 176-71)

(D) Yard requirements.

(1) Front yards shall be a minimum of 40 feet on lots that do not have facilities for parking within the required front yard. On lots that provide parking within the required front yard, the front yard shall be a minimum of 60 feet. On double frontage and corner lots, there shall be a front yard on each street.

(2) Side yards shall be a minimum of 50 feet on each side and a total of 100 feet when the lot adjoins a residential district. For all other lots within the GC District, the minimum side yard shall be 30 feet on each side and a total of 60 feet.

(3) Rear yards shall be a minimum of 50 feet when the lot adjoins a residential district. For all other lots within the GC District, the minimum rear yard shall be 30 feet.

(1996 Code, § 176-72)

(E) Use of required yard area.

(1) Landscaping. All required yard areas not occupied by sidewalks and parking shall be devoted to landscaping as defined in § 153.007.

(2) Driveway.

(1996 Code, § 176-73)

(F) Site plan review.

(1) For all proposed development within the GC District, prior to issuance of a building permit, a site plan for the use and development of the entire tract shall be submitted to the Planning Commission. The site plan shall conform to the following requirements:

(a) Be drawn to a scale of one inch equals 100 feet;

(b) Include the following:

1. All existing and proposed roads and drainageways;

2. Curb cuts, drives and parking areas;

3. Landscaping and planting screens;

4. Building lines enclosing the portion of the tract within which buildings are to be erected;

5. The proposed use of the land and buildings; and

6. The existing zoning.

1. The entire town;

2. The street system;

3. The surrounding use districts; and

4. Surrounding properties.

(2) If the proposed building or use is in conformity with the provisions of this chapter a permit shall be issued to the applicant by the Administrator.

(1996 Code, § 176-74)

(G) Exterior storage. The placement of waste disposal facilities is permitted in rear yards only, and such facilities shall be approximately screened and maintained using the same material from which the principal use is constructed.

(1996 Code, § 176-75)

§ 153.051 INDUSTRIAL DISTRICT REGULATIONS.

(A) General purpose of Industrial Districts.

(1) The industrial district established by this chapter is designed to promote and protect the health, safety and general welfare.

(2) These general goals include:

(a) To provide sufficient space in appropriate locations which are adequately served by community facilities to meet the needs for industrial expansion in the town;

(b) To encourage industrial development which is free from hazards to the public health and which is environmentally safe and nonpolluting;

(c) To protect industrial activities against congestion, encroachment from incompatible land uses and other adverse characteristics;

(d) To protect adjacent residential and commercial areas from incompatible land uses and offensive influences; and

(e) To promote the most efficient and desirable use of land.

(1996 Code, § 176-89)

(B) Purpose and intent.

(1) This district is designed to provide space for a limited range of industrial uses which have high performance standards and the least objectionable characteristics.

(2) In this district, all industrial operations shall be carried on within completely enclosed buildings, thus preventing any adverse characteristics from affecting neighboring properties.

(3) Residential uses are excluded from this district.

(4) Only those community facility and commercial uses which are essential to provide needed services for industry are permitted in this district.

(1996 Code, § 176-90)

(1) Principal permitted uses shall be as follows:

(a) Assembly of electrical appliances, electronic instruments and devices, radios and phonographs. Also the manufacture of small parts, such as coils, condensers, transformers and crystal holders;

(b) Automobile assembling, painting, upholstering, repairing, rebuilding, reconditioning, body and fender work, truck repairing or overhauling;

(c) Blacksmith shop, welding or machine shop, excluding punch presses exceeding forty-ton rated capacity and drop hammers;

(d) Laboratories, pharmaceutical or medical;

(e) Manufacture, compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries and food products;

(f) Manufacture, compounding, assembling or treatment of merchandise from the following previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, metal, paper, plastic, precious or semiprecious metals or stones, rubber, shell, straw, textiles, tobacco, wood, yarn and paint;

(g) Manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay, and kilns fired only by electricity or gas;

(h) Building material sales yard, plumbing supplies storage;

(i) Contractors’ equipment storage yards or plants, or rental of equipment commonly used by contractors;

(j) Cabinets, furniture and upholstery shops;

(k) Boatbuilding;

(l) Monumental stone works;

(m) Veterinary or dog or cat hospital, kennels;

(n) Wholesale businesses, storage warehouses;

(o) Truck terminals; and

(p) Public utility generating, booster or relay stations, transformer substations, transmission lines and towers, and other facilities for the provision and maintenance of public utilities, including railroads and facilities, and water and sewerage installations.

(2) Permitted accessory uses shall be as follows:

(a) Signs in accordance with the regulations of § 153.081;

(b) Accessory off-street parking and loading facilities as required in § 153.067; and

(3) The following activities may be permitted only as a conditional use in accordance with §§ 153.160 through 153.167 and division (H)(1) below.

(a) Convenience sales and service; and

(b) Food service.

(4) Any use not allowed by right, by accessory use or by conditional use is prohibited in the I District.

(1996 Code, § 176-91)

(D) Bulk regulations.

(1) Minimum required lot area. Within the I District, there is no minimum lot size.

(2) Maximum lot coverage. Within the I District, the maximum lot coverage for all structures, including accessory structures, shall not exceed 50% of the total lot area.

(1996 Code, § 176-92)

(E) Yard requirements. These basic provisions apply to all lots within the I District.

(1) Front yards shall be a minimum of 40 feet. On double frontage and corner lots, there shall be a front yard on each street.

(2) Side yards shall be a minimum of 50 feet where the lot adjoins a residential district. For all other lots within the I District, the minimum side yard shall be 25 feet.

(3) Rear yards shall be a minimum of 50 feet where the lot adjoins a residential district. For all other lots within the I District, the minimum rear yard shall be 25 feet.

(1996 Code, § 176-93)

(F) Use of required yard areas. The following uses may be made of yard areas in the I District:

(1) Landscaping. All yards not occupied by driveways and sidewalks shall be devoted to landscaping as defined in § 153.007;

(2) Driveways; and

(3) Sidewalks.

(1996 Code, § 176-94)

(G) Site plan review.

(1) For all proposed development within the I District, prior to issuance of a building permit, a site plan for the use and development of the entire tract shall be submitted to the Planning Commission. The site plan shall conform to the following requirements:

(a) Be drawn to a scale of one inch equals 100 feet;

(b) Include the following:

1. All existing and proposed roads and drainage ways;

2. Curb cuts, drives and parking areas;

3. Landscaping and planting screens;

4. Building lines enclosing the portion of the tract within which buildings are to be erected;

5. The proposed use of the land and buildings; and

6. The existing zoning.

1. The entire town;

2. The street system;

3. The surrounding use districts; and

4. Surrounding properties.

(2) If the proposed building or use is in conformity with the provisions of this chapter a permit shall be issued to the applicant by the Administrator.

(1996 Code, § 176-95)

(H) Other requirements.

(1) Commercial activities. The commercial activities permitted in division (C)(3) above shall be permitted only when such services are designed to serve occupants and portions of the permitted use and are conducted in spaces which are integral parts of the main building.

(2) Enclosure requirements. All uses shall be conducted within completely enclosed buildings except for parking and loading, exterior storage and other accessory uses which by their nature must exist outside a building.

(3) Exterior storage. Exterior storage may be permitted in the side and rear of the principal building only, provided the location, extent and screening of storage is approved as a part of the site plan by the Planning Commission; and further, provided that exterior storage shall be screened from public view by a suitable fence, wall or hedge not exceeding 15 feet in height with the stored materials to be kept at least two feet below the top of such screen.

(4) Surfacing of storage areas. All storage areas shall be surfaced to provide a durable and dust-free surface. All areas shall be graded and drained so as to dispose of all surface water in the area.

(1996 Code, § 176-96)

§ 153.065 RESIDENTIAL DISTRICTS.

(A) General provisions.

(1) In all residential districts, accessory off-street parking, open or enclosed, shall be provided in accordance with the following provisions as a condition precedent to the use.

(2) After the effective date of this chapter, for all enlargements or modifications which increase the floor area, number of employees, seating capacity or other applicable unit of measurement, the same requirements shall apply to such enlargement or modification.

(1996 Code, § 176-51)

(B) Space requirements for accessory off-street parking.

(1) Space requirements for accessory off-street parking shall be as follows: residential dwelling: two spaces per dwelling unit.

(2) Place of worship: one space for each three seats in the church sanctuary.

(3) Community education:

(a) High schools (grades 10 through 12, inclusive): four spaces per classroom or one space for each six seats in an auditorium, arena or stadium whichever requires the greatest number of space, but in no case shall more than 300 spaces be required, except as may be recommended by the Planning Commission; and

(b) Elementary and junior high schools: two spaces per classroom.

(4) Library: one space for each four seats in the building.

(5) Public park or playground: the number of spaces to be prescribed by the Zoning Administrator.

(6) Utility facilities: the number of spaces to be prescribed by the Zoning Administrator.

(1996 Code, § 176-52)

(1) Operation of accessory off-street parking spaces. Off-street parking spaces in residential districts which are accessory to community facilities shall be used by occupants, visitors, patrons or employees of such uses and shall not be rented.

(2) Area of off-street parking spaces. Each accessory off-street parking space shall contain 340 square feet of unobstructed standing or maneuvering area. However, an area of 180 square feet may be considered as one space where the layout and design of the parking area are adequate to permit convenient access and maneuvering.

(3) Design of off-street parking spaces. All off-street parking areas shall be surfaced with asphalt, concrete or other hard-surfaced dustless material and so constructed to provide for adequate drainage.

(1996 Code, § 176-53)

§ 153.066 COMMERCIAL DISTRICTS.

(A) General provisions.

(1) In commercial districts, accessory off-street parking and loading shall be provided in accordance with the following provisions as a condition precedent to the use.

(2) After the effective date of this chapter, for all enlargements or modifications which increase the floor area, number of employees, seating capacity or other applicable unit of measure, the same requirements shall apply to such enlargement or modification.

(1996 Code, § 176-76)

(B) Space requirements for accessory off-street parking.

(1) Space requirements for accessory off-street parking shall be as follows: place of worship: one space for each three seats in the church sanctuary.

(2) Community education.

(b) Elementary and junior high schools: two spaces per classroom.

(3) Community assembly: for nonprofit clubs, lodges, meeting halls and recreation centers, one space for each four seats in an assembly area within the facility, or one space for each 75 square feet of gross floor area, whichever is greater.

(4) Library: one space for each four seats in the building.

(5) Public park or playground: the number of spaces to be prescribed by the Zoning Administrator.

(6) Utility facilities: the number of spaces to be prescribed by the Zoning Administrator.

(7) Commercial use: one accessory off-street parking space shall be provided for the specified number of square feet of gross floor area for the following activities:

Activity	Gross Floor Area (square feet)
Animal care	200
Automotive repair and cleaning	500
Construction sales and service	1,000
Convenience sales and service	150
Dwelling units (NC District)	1,000
Financial institution	400
General personal service	300
Insurance office (NC District)	300
Personal services office (NC District)	300
Professional office	150
Real estate office (NC District)	300
Retail sales office (NC District)	300
Retail sales and service	500
Vehicular, craft and related equipment sales, rental and service	500
Wholesale sales	1,000

(8) Mortuary service: one space per 1,000 square feet of gross floor area, or when a chapel is provided, one space for each four permanent seats plus one space for every 25 square feet of floor area where temporary seats are used, whichever requires the greater number of spaces.

(9) Group assembly: one space per four permanent seats plus one space for every 25 square feet of area where temporary seats are used.

(10) Transient habitation: one space for each unit in a building serving transient guests.

(1996 Code, § 176-77)

(1) Building containing two or more uses. When a building or lot contains two or more uses having different parking requirements, the parking requirements for each type of use shall apply to the extent of that use.

(2) Operation of accessory off-street parking spaces. Off-street parking spaces which are accessory to community facility and commercial uses shall be designed and operated exclusively for the storage of motor vehicles used by the visitors, occupants, employees, patrons or customers of these uses.

(3) Area of accessory off-street parking spaces. Each accessory off-street parking space, open or enclosed, shall be a minimum of nine feet wide and 20 feet long exclusive of drives, ramps and aisles.

(1996 Code, § 176-78)

(D) Off-site accessory parking requirements. Off-site accessory parking spaces in any commercial district, except the Core Commercial District may be located on a lot other than the same lot on which the use is located, provided that:

(1) Such spaces are located in a general commercial district or an industrial district;

(2) There is no way to arrange the spaces on the same lot as the use;

(3) The spaces are located to draw a minimum of vehicular traffic to and through streets having predominantly residential frontage;

(4) The spaces are located no further than 500 feet from the nearest boundary of the lot occupied by the uses to which the spaces are accessory;

(5) The spaces are in the same fee simple ownership as the use to which the spaces are accessory; and

(6) The spaces conform to all applicable district regulations of both the district in which the principal use is located and in the district in which the spaces are located. In the event of conflict between the applicable district regulations, the most restrictive shall prevail.

(1996 Code, § 176-79)

(E) Design of off-street parking spaces.

(1) Location of access to the street. The entrances and exits of all required or permitted accessory off-street parking facilities with five or more spaces shall be located not less than 50 feet from the intersection of any two streets.

(2) Surfacing. All off-street parking areas shall be surfaced with asphalt, concrete or other hard-surfaced dustless material and so constructed to provide for adequate drainage.

(3) Screening.

(a) Open off-street parking areas with five or more parking spaces which are located on a lot adjacent to the boundary of a residential district shall be screened from the residential district by either:

1. A strip at least four feet wide, densely planted with shrubs or trees at least four feet high at the time of planting, and which are of a type which may be expected to form a year-round dense screen at least six feet high within three years; or

2. A wall or barrier or uniformly painted fence of fire-resistant material at least six feet in height. Such wall, barrier or fence may be opaque or perforated provided that not more than 50% of the fence is open.

(b) In addition such screening:

1. Shall be maintained in good condition at all times;

2. Shall not be placed within 15 feet of the normal vehicular entrances and exits;

3. Shall have no signs hung or attached thereto other than those permitted signs for parking areas specified in this chapter; and

4. Shall not obstruct visibility of motorists at street intersections.

(1996 Code, § 176-80)

(F) General purposes and applicability for off-street loading regulations.

(1) General purposes. The following provisions for accessory off-street loading berths are adopted in order to provide needed space off public streets for loading and unloading activities, to limit the use of streets for such purposes, to help relieve traffic congestion in commercial areas, and thus to promote and protect the public health, safety and general welfare.

(2) Applicability. The provisions of this chapter on accessory off-street loading regulations shall apply to community facility and commercial uses permitted by right, by accessory use or by conditional use in all commercial districts except the Core Commercial District.

(1996 Code, § 176-81)

(G) Accessory off-street loading berth requirements.

(1) General provisions. In all districts, accessory off-street loading berths, open or enclosed, shall be provided for all community facility and all commercial uses developed after the effective date of this chapter, as a condition precedent to the use of such development. After the effective date of this chapter, if the use of any building or other structure is enlarged or modified to increase the floor area, the requirements set forth in division (G)(2) below shall apply to the increased floor area of the enlarged or modified portion of such building.

(2) Space requirements for off-street loading berths for community facility in Commercial Districts.

Activity	For Floor Area (in square feet)	Required Berths
Community assembly	Less than 20,000	None
Community education	20,000 to 100,000	1
Health care	Less than 10,000	None
	10,000 to 100,000	1
	100,001 to 300,000	2
	Each additional 300,000	1
Library; administrative	100,001 to 300,000	2
Place of worship	The number of spaces shall be prescribed by the Zoning Administrator based on a report from the Planning Commission
Utility facilities	Each additional 300,000	1

(3) Space requirements for off-street loading berths for commercial activities in Commercial Districts.

Activity	For Floor Area (in square feet)	Required Berths
Construction sales and service	Less than 2,000	None
	2,001 to 10,000	1
	10,001 to 25,000	2
	25,001 to 40,000	3
	40,001 to 60,000	4
	60,001 to 100,000	5
	Each additional 80,000 or fraction of 1/2 or more	1
Convenience sales and service	Less than 10,000	None
Convenience sales and service	10,000 to 25,000	1
General personal service; financial institution; transient habitation	Less than 20,000	None
	20,000 to 100,000	1
	100,001 to 300,000	2
	Each additional 300,000 or fraction of 1/2 or more	1
General retail sales and service	25,001 to 40,000	2
General retail sales and service	40,001 to 60,000
Group assembly	60,001 to 100,000	4
Group assembly	Each additional 150,000 or fraction of 1/2 or more	1
Mortuary service	Less than 2,500	None
	2,500 to 5,000	1
	Each additional 10,000 or fraction of 1/2 or more	1
Wholesale sales; automotive repair and cleaning; animal care; vehicular, craft and related equipment, sales, rental and delivery	Less than 10,000	None
	10,000 to 25,000	1
	25,001 to 40,000	2
	40,001 to 60,000	3
	60,001 to 100,000	4
	Each additional 80,000 or fraction of 1/2 or more	1

(4) Size of required berths. Off-street loading berths, opened or enclosed, shall have minimum dimensions of: length: 55 feet; width: 12 feet; and vertical clearance: 15 feet. These dimensions shall not include driveways or entrances to, or exits from, such off-street berths.

(5) Location of access to the street. The entrances and exits to all required accessory off-street loading berths shall be located not less than 50 feet from the intersection of any two street lines.

(6) Surfacing. All permitted or required open off-street loading berths shall be surfaced with asphalt, concrete or other hard surfaced material, and constructed so as to provide for adequate drainage and prevent the release of dust.

(7) Screening.

(a) All permitted or required open off-street loading berths located adjacent to residences or a residential district shall be screened from the adjoining residential district, by either:

1. A strip at least four feet wide, densely planting with shrubs or trees which are at least four feet high at the time of planting and which are of a type which may be expected to from a year-round dense screen at least six feet high within three years; or

2. A wall or barrier of uniformly painted fence of fire-resistant material, at least six feet high but not more than eight feet high, as measured from the finished grade. Such wall, barrier or fence may be opaque or perforated provided that not more than 50% of the fence is open.

(b) In addition, such screening:

1. Shall be maintained in good condition at all times;

2. Shall not be located within 15 feet of normal vehicular entrances and exits; and

3. Shall have no signs hung or attached thereto other than those permitted signs for loading berths as specified in this chapter.

(8) Location. All off-street loading facilities shall be located in the rear of the principal building.

(1996 Code, § 176-82)

(Ord. passed 1-14-2014)

§ 153.067 INDUSTRIAL DISTRICTS.

(A) General provisions.

(1) In the industrial district, accessory off-street parking and loading shall be provided in accordance with the following provisions as a condition precedent to the use.

(2) After the effective date of this chapter, for all enlargements or modifications which increase the floor area, number of employees, seating capacity or other applicable unit of measure, the same requirements shall apply to such enlargement or modification.

(1996 Code, § 176-97)

(B) Space requirements for accessory off-street parking.

(1) Utility facilities. The number of spaces shall be prescribed by the Zoning Administrator.

(2) Commercial use. One accessory off-street parking space shall be provided for the specified number of square feet of gross floor area for the following activities:

Activity	Gross Floor Area (square feet)
Animal care	200
Construction sales and service	1,000
Convenience sales and service	150
Food service	150
Wholesale sales	1,000

(3) Transportation and warehousing. One space for each 5,000 square feet of gross floor area plus one space for each 10,000 square feet of open storage.

(4) Industrial use. One accessory off-street parking space shall be provided for each 1,500 square feet of gross floor area or one space for each three employees during a single or two successive shifts, whichever requires the greater number of spaces.

(1996 Code, § 176-98)

(2) Operation of accessory off-street parking spaces. Off-street parking spaces which are accessory to community facility, commercial and industrial uses shall be designed and operated exclusively for the storage of motor vehicles used by the visitors, occupants, employees, patrons or customers of these uses.

(1996 Code, § 176-99)

(D) Off-site accessory parking requirements. Off-site accessory parking spaces in the industrial district may be located on a lot other than the same lot on which the use is located, provided that:

(1) Such spaces are located in the industrial district;

(2) There is no way to arrange the spaces on the same lot as the use;

(3) The spaces are located to draw a minimum of vehicular traffic to and through streets having predominantly residential frontage;

(4) The spaces are located no further than 500 feet from the nearest boundary of the lot occupied by the uses to which the spaces are accessory;

(5) The spaces are in the same fee simple ownership as the use to which the spaces are accessory; and

(6) The spaces conform to all applicable district regulations.

(1996 Code, § 176-100)

(E) Design of off-street parking spaces.

(2) Surfacing. All off-street parking areas shall be surfaced with asphalt, concrete or other hard-surfaced dustless material and so constructed to provide for adequate drainage.

(3) Screening.

(b) In addition such screening:

1. Shall be maintained in good condition at all times;

2. Shall not be placed within 15 feet of the normal vehicular entrances and exits;

3. Shall have no signs hung or attached thereto other than those permitted signs for parking areas specified in this chapter; and

4. Shall not obstruct visibility of motorists at street intersections.

(1996 Code, § 176-101)

(F) General purposes and applicability for off-street loading regulations.

(2) Applicability. The provisions of this chapter on accessory off-street loading regulations shall apply to community facility, commercial and industrial uses permitted by right, by accessory use or by conditional use in the industrial district.

(1996 Code, § 176-102)

(G) Accessory off-street loading berth requirements.

(1) General provisions.

(a) In this district, accessory off-street loading berths, open or enclosed, shall be provided for all community facility, commercial and industrial uses developed after the effective date of this chapter, as a condition precedent to the use of such development.

(b) After the effective date of this chapter, if the use of any building or other structure is enlarged or modified to increase the floor area, the requirements set forth in division (G)(2) below shall apply to the increased floor area of the enlarged or modified portion of such building.

(2) Space requirements for off-street loading berths for community facility in the Industrial District.

Activity	For Floor Area (in square feet)	Required Berths
Utility facilities	Less than 20,000	None
	20,001 to 100,000	1
	100,001 to 300,000	2
	Each additional 300,000	1

(3) Space requirements for off-street loading berths for commercial activities in the Industrial District.

Activity	For Floor Area (in square feet)	Required Berths
Convenience sales and service; food service	Less than 10,000	None
	10,000 to 25,000	1
	25,000 to 40,000	2
Wholesale sales; construction sales and service	Less than 10,000	None
	10.000 to 25,000	1
	25,001 to 40,000	2
	40,001 to 60,000	3
	60,001 to 100,000	4
	Each additional 80,000	1

(4) Space requirements for off-street loading berths for industrial activities in the Industrial District.

Activity	For Floor Area (in square feet)	Required Berths
Transportation and warehouses	Less than 2,000	None
	2,001 to 10,000	1
	10,001 to 25,000	2
	25,001 to 40,000	3
	40,001 to 60,000	4
	60,001 to 100,000	5
	Each additional 80,000	1
All other industrial activities	Less than 5,000	1
	5,001 to 20,000	2
	20,001 to 40,000	3
	40,001 to 60,000	4
	60,001 to 100,000	5
	Each additional 80,000	1

(5) Special provisions for a single lot with uses subject to different loading requirements. When any building or lot contains two or more uses having different requirements for loading berths as set forth in divisions (G)(2), (G)(3) and (G)(4) above, and provided that the floor area of each separate use is less than the minimum floor area for which berths are required, then off-street loading berths shall be provided as if the total floor area were used-for that use for which the most berths are required.

(6) Size of required berths.

(a) Off-street loading berths, opened or enclosed shall have a minimum dimensions of: length: 55 feet; width: 12 feet; and vertical clearance: 15 feet.

(b) These dimensions shall not include driveways or entrances to, or exits from, such off-street berths.

(7) Location of access to the street. The entrances and exits to all required accessory off-street loading berths shall be located not less than 50 feet from the intersection of any two street lines.

(8) Surfacing. All permitted or required open off-street loading berths shall be surfaced with asphalt, concrete or other hard surfaced material, and constructed so as to provide for adequate drainage and prevent the release of dust.

(9) Screening.

(a) All permitted or required open off-street loading berths located adjacent to residences or a residential district shall be screened from the adjoining residential district, by either:

1. A strip at least four feet wide, densely planting with shrubs or trees which are at least four feet high at the time of planting and which are of a type which may be expected to form a year-round dense screen at least six feet high within three years; or

(b) In addition, such screening:

1. Shall be maintained in good condition at all times;

2. Shall not be located within 15 feet of normal vehicular entrances and exits; and

3. Shall have no signs hung or attached thereto other than those permitted signs for loading berths as specified in this chapter.

(10) Location. All off-street loading facilities shall be located in the rear of the principal building.

(1996 Code, § 176-103)

§ 153.080 COMMERCIAL DISTRICTS.

(A) General purpose.

(1) The provisions of this section shall govern the regulation of signs in commercial districts.

(2) The purpose of these sign provisions is to provide the necessary signs for safety, public convenience and identification without impairing the residential character of the town.

(3) This chapter authorizes the use of signs visible from public rights-of-way provided the signs are:

(a) Compatible with their surroundings, pursuant to the objectives of proper design;

(b) Allowing and promoting optimum conditions of meeting the sign users needs while also promoting an amenable environment desired by the general public;

(c) Designed, constructed, installed and maintained in such a manner that they do not endanger public safety or traffic safety;

(d) Legible, readable and visible in the circumstances in which they are used; and

(e) Respectful of the reasonable rights of other advertisers whose messages are displayed.

(1996 Code, § 176-83)

(B) Placement and design of signs.

(1) Prohibition of obstructive signs. No sign may be arranged so that it interferes with traffic, through glare, through blocking of reasonable sight lines for streets, sidewalks or driveways, through conrusion with a traffic control device (by reason of its color, location, shape or other characteristics), or through any other means. Rotation beacons and flashing sidewalk signs are prohibited.

(2) Location of signs. Any portion of a sign or a pole or standard of such sign which is in contact with the ground shall be within the lot lines of the property.

(a) Height of signs. Signs shall not exceed the height of the structure housing the business advertised or 25 feet, whichever is greater.

(b) Overhanging signs. Overhanging signs referring to business operated on the premises are permitted, provided that any such sign shall not be allowed to protrude more than two feet from the building front, and shall not exceed one square inch for each square foot of that business store front, up to a maximum of ten square feet. Under canopy signs are permitted provided they do not exceed 250 square inches and allow a clearance of seven feet from sidewalk to bottom of sign.

(1996 Code, § 176-84)

(1) Any advertising structure or sign which was lawfully erected and maintained prior to the adoption of this chapter shall be allowed to remain as a nonconforming sign.

(2) Any sign damaged to the extent that it represents a public hazard as determined by the Building Inspector shall be removed immediately.

(3) Nonconforming signs advertising a business which changes ownership must be removed within 90 days of the date of change of ownership.

(1996 Code, § 176-85)

(D) Sign review plan.

(1) No person shall erect, construct or maintain any sign upon any property without first submitting a drawing to the Building Inspector showing sign lettering dimensions, methods of attachment and the area in which the sign is to be located.

(2) Neon signs shall have no exposed electrodes. All lighted signs will meet the requirements of the local electrical codes.

(3) Upon receiving written approval from the Building Inspector, the proposed sign may be constructed.

(1996 Code, § 176-86)

(E) Exemptions from sign regulations. The following shall not be subject to the provisions of this chapter:

(1) Signs provided or required by a duly constituted government body, including traffic or similar regulatory devices, legal notices or warning at railroad crossings;

(2) Flags or emblems of a political, philanthropic, education or religious organizations;

(3) Temporary signs for a period not to exceed three months announcing a campaign, drive or event listed in division (E)(2) above;

(4) Memorial plaques or tablets;

(5) Small signs each not to exceed one square foot of display surface area, displayed for the direction or convenience of the public, including signs which identify rest rooms, freight entrances or the like; and

(6) Small realty signs as defined in § 153.007.

(1996 Code, § 176-87)

(F) Sign maintenance. Any sign damaged to the extent that it represents a public hazard or becomes unsightly due to lack of proper maintenance shall be removed after the owner has been notified in writing.

(1996 Code, § 176-88)

§ 153.081 INDUSTRIAL DISTRICTS.

(A) General purpose.

(1) The provisions of this chapter shall govern the regulation of signs in the industrial district. The purpose of these sign provisions is to provide the necessary signs for safety, public convenience and identification without impairing the residential character of the town.

(2) This chapter authorizes the use of signs visible from public rights-of-way provided the signs are:

(a) Compatible with their surroundings, pursuant to the objectives of proper design;

(b) Allowing and promoting optimum conditions of meeting the sign users needs while also promoting an amenable environment desired by the general public;

(c) Designed, constructed, installed and maintained in such a manner that they do not endanger public safety or traffic safety;

(d) Legible, readable and visible in the circumstances in which they are used; and

(e) Respectful of the reasonable rights of other advertisers whose messages are displayed.

(1996 Code, § 176-104)

(B) Placement and design of signs.

(1) Prohibition of obstructive signs. No sign may be arranged so that it interferes with traffic, through glare, through blocking of reasonable sight lines for streets, sidewalks or driveways, through confusion with a traffic control device (by reason of its color, location, shape or other characteristics), or through any other means. Rotation beacons and flashing sidewalk signs are prohibited.

(2) Location of signs. Any portion of a sign or a pole or standard of such sign which is in contact with the ground shall be within the lot lines of the property.

(3) Height of signs. Signs shall not exceed the height of the structure housing the business advertised or 25 feet, whichever is greater.

(4) Overhanging signs. Overhanging signs referring to business operated on the premises are permitted, provided that any such sign shall not be allowed to protrude more than two feet from the building front, and shall not exceed one square inch for each square foot of that business store front, up to a maximum of ten square feet. Under canopy signs are permitted provided they do not exceed 250 square inches and allow a clearance of seven feet from sidewalk to bottom of sign.

(1996 Code, § 176-105)

(C) Nonconforming signs. Any advertising structure or sign which was lawfully erected and maintained prior to the adoption of this chapter shall be allowed to remain as a nonconforming sign. Any sign damaged to the extent that it represents a public hazard as determined by the Building Inspector shall be removed immediately. Nonconforming signs advertising a business which changes ownership must be removed within 90 days of the date of change of ownership.

(1996 Code, § 176-106)

(D) Sign review plan. No person shall erect, construct or maintain any sign upon any property without first submitting a drawing to the Building Inspector showing sign lettering dimensions, methods of attachment and the areas in which the sign is to be located. Neon signs shall have no exposed electrodes. All lighted signs will meet the requirements of the local electrical codes. Upon receiving written approval from the Building Inspector, the proposed sign may be constructed.

(1996 Code, § 176-107)

(E) Exemptions from sign regulations. The following shall not be subject to the provisions of this chapter:

(1) Signs provided or required by a duly constituted government body, including traffic or similar regulatory devices, legal notices or warning at railroad crossings;

(2) Flags or emblems of apolitical, philanthropic, education or religious organizations;

(3) Temporary signs for a period not to exceed three months announcing a campaign, drive or event listed in division (E)(2) above;

(4) Memorial plaques or tablets;

(5) Small signs each not to exceed one square foot of display surface area, displayed for the direction of convenience of the public, including signs which identify rest rooms, freight entrances or the like; and

(6) Small realty signs as defined in § 153.007.

(1996 Code, § 176-108)

(F) Sign maintenance. Any sign damaged to the extent it represents a public hazard or becomes unsightly due to lack of proper maintenance shall be removed after the owner has been notified in writing.

(1996 Code, § 176-109)

§ 153.095 VISIBILITY AT INTERSECTIONS.

On a corner lot in any district, except the Core Commercial District, nothing shall be erected, placed, planted or allowed to be grown in such a manner as to impede vision between a height of two and one-half and ten feet above the centerline grades of the intersecting streets.

(1996 Code, § 176-123)

§ 153.096 FENCES, WALLS AND HEDGES.

Fences, walls and hedges may be permitted in any required yard or along the edge of any yard except as prohibited in § 153.095.

(1996 Code, § 176-124)

§ 153.097 ACCESSORY BUILDINGS.

No accessory building shall be erected in any required yard, and no separate accessory building shall be erected within five feet of any other building.

(1996 Code, § 176-125)

§ 153.098 ACCESS REQUIRED.

Every structure shall be on a lot fronting a public street, and all structures shall be located on lots so as to provide safe and convenient access for servicing, fire protection and required off-street parking.

(1996 Code, § 176-126)

§ 153.099 PARKING, STORAGE OR USE OF MAJOR RECREATIONAL EQUIPMENT

(A) For purposes of this chapter, major recreational equipment includes boats and boat trailers, travel trailers, tent trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings and the like.

(B) No major recreational equipment shall be parked or stored in any front yard of any lot in a residential district. However, such equipment may park anywhere on residential premises for not to exceed 24 hours during loading or unloading.

(C) No such equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot, or in any location not approved for such use.

(1996 Code, § 176-127)

§ 153.100 PARKING AND STORAGE OF MAJOR FARM EQUIPMENT.

(A) For purposes of this chapter, major farm equipment includes threshing machines, hay bailers, tractors, livestock trailers and livestock hauling equipment.

(B) No major farm equipment shall be parked or stored in any front, side or back yard of any lot in a residential district.

(1996 Code, § 176-128)

§ 153.101 BUILDING RESTRICTION.

Only one principal building and its customary accessory buildings shall be erected on any lot.

(1996 Code, § 176-129)

§ 153.115 DESIGNATION AND INTENT.

(A) Districts may hereafter be created which are designated as Historic Districts (HD) within the definition of historic district as defined in the VA Code§§ 10.1-2200 et seq. Said districts shall be created by amendment of this chapter.

(B) Pursuant to the provisions of VA Code §§ 10.1-2200 et seq., as amended, for the purpose of promoting the general welfare, education and recreational pleasure of the public, through the perpetuation of those areas or individual structures and premises which have been or may be officially designated by the Town Council as having historic or architectural significance, historic districts are created. Regulations within such districts are intended to protect against deterioration, destruction of or encroachment upon such areas, structures and premises; to encourage uses which will lead to their continuance, conservation and improvement in an appropriate manner; and to assure that new structures and uses within such districts will be in keeping with the character to be preserved and enhanced.

(C) It is further the intent of this subchapter that the Town Council, along with the Planning Commission, shall seek and obtain the advice and assistance of the Architectural Review Board, created herein, as well as other organizations or individuals qualified by interest, training and experience in achieving the objectives as set forth.

(1996 Code, § 176-130)

§ 153.116 CREATION AND COMPOSITION OF ARCHITECTURAL REVIEW BOARD: APPOINTMENT, TERM, VACANCIES AND POWERS.

(A) For the general purposes of this subchapter and specifically to preserve and protect historic places and areas in the town through the control of demolition of such places and through the regulation of architectural design and uses of structures in such areas, there is hereby created a board to be known as the “Architectural Review Board” (ARB) to be composed of five voting members. The members of said Architectural Review Board shall be appointed by the Town Council.

(B) The membership shall consist of five members, a majority of which shall be residents of the town, and all of whom have reasonable knowledge and have demonstrated an interest in historic or architectural development within the town.

(C) Members shall be appointed for a term of four years. Initial appointments shall be three members for four years, and remaining members for two years. The term of any Planning Commission member shall be concurrent with his or her appointment to the Planning Commission.

(D) The ARB shall elect from its own membership a Chairperson and Vice Chairperson who shall serve annual terms and may succeed themselves. The ARB shall appoint a Secretary who shall serve at their pleasure.

(E) (1) The ARB shall meet in regular session at least semiannually or whenever an application has been filed for their consideration. Special meetings of the Board may be called by the Chairperson or a majority of the members after 24 hours’ written notice to each member served personally or left at his or her usual place of business or residence. Such notice shall state the time and place of a meeting and the purpose thereof.

(2) Written notice of a special meeting is not required if the time of the special meeting has been fixed at a regular meeting, or if all members are present at the special meeting or file a written waiver of notice. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all voting members of the Board. The Board may make, alter or rescind rules and forms for its procedures, consistent with the ordinances of the town and the general laws of the state.

(3) The Board shall establish procedures for all matters coming before it for review and all meetings shall be open to the public. Adequate notice shall be given to applicants, but meetings need not be advertised in advance except in the case of a proposal to demolish or move a designated landmark or contributing structure. Notice when required shall be publication of the agenda in a newspaper of general circulation in the county seven days prior to the meeting.

(F) The Architectural Review Board shall have the power and authority of issuing or denying certificates of appropriateness for construction, reconstruction, substantial exterior alteration, razing or relocation within the historic district, with right of direct appeal of an adverse decision to the Town Council.

(G) In addition to the aforementioned powers and duties, the Board shall have the following duties:

(1) To assist and advise the Town Council, the Planning Commission, and other town departments, agencies and property owners in matters involving historically significant sites and buildings, such as appropriate land usage, parking facilities and signs;

(2) To advise owners of historic landmarks, or contributing structures on problems of preservation; and

(3) To propose additional historic districts.

(H) In addition, the Board shall have the following powers:

(1) To conduct studies deemed necessary by the Town Council or Planning Commission concerning additional districts, and means of preservation and utilization of historic assets in the town;

(2) To formulate recommendations to the Town Council concerning the establishment of an appropriate system of markers for selected historic sites and buildings, including proposals for the installation and care of such historic markers; and

(3) To cooperate with and enlist assistance from the Virginia Historic Landmarks Commission, the National Trust for Historic Preservation, and other interested parties both public and private in its efforts to preserve, restore and conserve historic landmarks, buildings, sites or areas within the town.

(1996 Code, § 176-131)

§ 153.117 HISTORIC DISTRICT BOUNDARIES GENERALLY.

(A) Character.

(1) The Historic District boundaries shall in general be drawn so as to include lands closely related to and bearing upon the character of the historic site or sites, thus providing a landscape unit needed to control potentially adverse influences.

(2) The concept of historic district shall include groupings of structures which have significance relative to their patterns of development and/or interrelationships among such structures, while some of the structures might not possess significant merit when considered alone.

(B) Inventory of landmarks and contributing properties established. The ARB shall prepare and recommend for adoption as a part of this chapter an inventory map based upon the criteria set forth in this chapter. This map, hereinafter called the “inventory map,” when adopted shall be as much a part of this chapter as if fully described herein and shall be filed as a part of this chapter by the Clerk of the town. All structures or sites designated on said map as landmark structures for the purposes of this chapter will consist of structures or sites designated as properties which contribute to the historic character of the town. Sites which do not contain landmark structures or sites shall be known as contributing properties all others shall be known as noncontributing properties. The inventory map may be amended form time to time in the same manner as the zoning district map.

(C) Establishment of and amendments to Historic District boundaries and regulations. The ARB may propose to the Planning Commission and the Town Council such amendments as deemed appropriate, including the establishment of historic districts and revision to existing historic districts. Upon receipt of said proposal, the Town Council shall initiate such amendment pursuant to this chapter. The ARB shall prepare and submit a report to substantiate the proposed amendment Such report shall establish and define the historic district boundaries as defined upon an appropriate overlay map, as well as the historic and/or architectural significance of the buildings, structures and/or fabric to be preserved, and describe current planning, present trends, conditions and desirable public objectives for preservation.

(1996 Code, § 176-132)

§ 153.118 ALTERATION OR MOVING OF HISTORIC STRUCTURE.

(A) Application and approval for a building and zoning permit is required before the ARB and/or Town Council approval is obtained to authorize the reconstruction, demolition, alteration, renovation or moving of an historic landmark, building or structure. The boundaries of the historic site district shall conform to the applicants lot of record. No building or structure, including signs, shall be erected, reconstructed, altered or restored, within the historic site district (HSD) unless the same is approved by the ARB, or, on appeal, by Town Council as being architecturally compatible with the historic landmarks, buildings or structures therein. No historic landmark, building or structure within the historic site district shall be razed, demolished or moved until approved by the ARB, or, on appeal, by the Town Council after consultation with the ARB.

(B) However, the owner of an historic landmark, as a matter of right shall be entitled to sell or demolish such landmark, provided that:

(1) He or she has applied to the Architectural Review Board for such right;

(2) The owner has for the period of time set forth in the time schedule hereinafter contained at a price reasonably related to its fair market value as determined by independent appraisal, as hereinafter set forth, made a bona fide offer to sell such landmark, and the land pertaining thereto, to such person, firm, corporation, government or agency, or political subdivision or agency thereof, which gives reasonable assurance that it is willing to preserve and restore the landmark and the land pertaining thereto. The procedure for establishing the fair market value: the owner and the Architectural Review Board shall each retain one independent, qualified appraiser. Should the two appraisers not agree upon the said fair market value, those appraisers shall choose a third qualified appraiser, whereby a median value shall be established by the three appraisers which shall be final and binding upon the owner and the Architectural Review Board; and

(3) No contract for the sale of any such historic landmark, and the land pertaining thereto, shall be binding or enforceable prior to the expiration of the applicable time period as set forth in the time schedule hereinafter contained. Any appeal which may be taken to the Town Council from the decision of the Architectural Review Board, and from the Town Council to the Circuit Court of the county, shall not affect the right of the owner to make bona fide offer to sell. Offers to sell as provided in this section shall be made within one year of the date of application to the Architectural Review Board.

(4) Before making a bona fide offer to sell, an owner shall first file a written statement with the Chairperson of the Architectural Review Board. Such statement shall identify the property, take the offering price, the date the offer of sale is to begin, and name of the real estate agent, if any. No time period set forth in the time schedule hereinafter set forth shall begin to run until such statement has been filed.

(1996 Code, § 176-133)

§ 153.119 TIME SCHEDULE.

The time schedule for offers to sell shall be as follows:

(A) Three months when the offering price is less than $25,000;

(B) Four months when the offering price is $25,000 or more, but less than $40,000;

(D) Six months when the offering price is $55,000 or more, but less than $75,000;

(E) Seven months when the offering price is $75,000 or more, but less than $90,000; and

(F) Twelve months when the offering price is $90,000 or more.

(1996 Code, § 176-134)

§ 153.120 HAZARDOUS BUILDING OR STRUCTURES.

A determination that a building is hazardous to the health, safety and welfare of the citizens of the town shall not be made except in conformance with the applicable laws of said town. In connection therewith, when such determination is made for a structure in the (HD) demolition shall not be commenced without written approval of the ARB verifying the conditions necessitating such action.

(1996 Code, § 176-135)

§ 153.121 DEMOLITION BY NEGLECT.

(A) No officially designated historic landmark within any historic district shall be allowed to deteriorate due to neglect by the owner which would result in violation of the intent of this section. “Demolition” by neglect shall include any one or more of the following courses of action or inaction:

(1) Deterioration of the exterior of a building to the extent that it creates or permits a hazardous or unsafe condition;

(2) Deterioration of exterior walls or other vertical supports, horizontal members, roofs, chimneys, exterior wall elements such as siding, wooden walls, brick plaster or mortar, to the extent that it adversely affects the character of the historic district or could reasonably lead to irreversible damage to the structure; and/or

(3) Action by any governmental authority relative to the safety or physical condition of any building.

(B) In the event that the ARB determines that a structure in an historic district is being “demolished by neglect,” it shall so notify the owner stating the reasons therefor, and shall give the owner 90 days from the date of the notice in which to commence work. If appropriate action is not taken in this time, the Zoning Administrator will initiate appropriate legal action as provided herein.

(1996 Code, § 176-136)

§ 153.122 USES PERMITTED.

Within the Historic District, uses shall be permitted pursuant to the official zoning ordinance and map.

(1996 Code, § 176-137)

§ 153.123 LOT REGULATIONS.

Lot regulations shall be the same as the lot regulations with which the historic districts may be combined. No existing lot, or combination of lots, parcels or portions thereof, in single ownership at the time of district creation shall be reduced in width, depth, except in conformance with the regulations for the Zoning District on which the Historic District overlays.

(1996 Code, § 176-138)

§ 153.124 PROCEDURE FOR PERMIT APPROVAL.

Except as authorized herein the Zoning Administrator shall not authorize a permit for the erection, reconstruction, integral exterior facade change, demolition or razing of a building or structure in the Historic District until the same has been approved by the ARB as set forth in the following procedures.

(A) Receipt of application. Upon receipt of an application by the Zoning Administrator for a use or action in the Historic District, the Zoning Administrator shall:

(1) Forthwith forward to the ARB a copy of the application, together with a copy of the site plan and the building plans and specifications filed by the applicant;

(2) Maintain in his or her office a record of all such applications and of his or her handling and final disposition of the same; and

(3) Require applicants to submit three copies of material required to permit compliance with the foregoing.

(B) Material to be submitted for review. By general rule, or by specific request in a particular case, the ARB may require submission of any or all of the following in connection with the application: architectural plans, site plans, landscaping plans, construction methods, proposed signs with appropriate detail as to character, proposed exterior lighting arrangements, elevations of all proposed exterior lighting arrangements, elevations of all portions of structure with important relationships to public view (with indications as to visual construction materials, design of doors and windows, colors and relationships to adjoining structures), and such other exhibits and reports as are necessary for its determinations. Requests for approval of activities proposed in historic districts shall be accepted only from the record owner of the land involved in such proposal, or his or her agent.

(C) Other approvals required. In any case in which an applicant proposal also requires the approval of the Board of Zoning Appeals, final action by the Board of Zoning Appeals shall precede final action by the ARB.

(D) Action by the Architectural Review Board: issuance of certificates of appropriateness.

(1) The ARB shall render a decision upon any request or application for a certificate of appropriateness within 60 days after the filing of such application; failure of the Architectural Review Board to render such a decision within said 60-day period unless such period be extended with the concurrence of the applicant shall entitle the applicant to proceed as if the Architectural Review Board had granted the certificate of appropriateness applied for.

(2) Prior to denying the certificate of appropriateness, the Architectural Review Board, on the basis of the review of information received, shall, upon request, indicate to the applicant the changes in plans and specifications, if any, which in the opinion of the Board would protect and/or preserve the historical aspects of the landmark, building, structure or district.

(3) If the applicant determines that he or she will make the suggested changes and does so in writing, the Architectural Review Board may issue the certificate of appropriateness.

(1996 Code, § 176-139)

§ 153.125 EXPIRATION OF CERTIFICATES OF APPROPRIATENESS AND PERMITS TO RAZE.

(A) Any certificate of appropriateness issued pursuant to this subchapter and any permit to raze a building issued pursuant to this subchapter shall expire of its own limitation 12 months from the date of issuance if the work authorized thereby is not commenced by the end of such 12-month period; and further, any such certificate and permit shall also expire and become null and void if such authorized work is suspended or abandoned for a period of 12 months after being commenced.

(B) Any period or periods of time during which the right to use any such certificate or permit is stayed pursuant to this subchapter shall be excluded from the computation of the 12 months.

(1996 Code, § 176-140)

§ 153.126 APPEALS FROM ARCHITECTURAL REVIEW BOARD TO TOWN COUNCIL.

(A) Whenever the Architectural Review Board shall, in a final decision, disapprove an application for a certificate of appropriateness, or whenever the Architectural Review Board shall, in a final decision, disapprove an application for a certificate of appropriateness to raze a building, the applicant for such certificate shall have the right to appeal to and be heard before the Town Council; provided, that within 15 days of the decision of the Board, a notice in writing of his or her intention to appeal is filed with the Town Clerk. Upon receipt of such notice, the Town Clerk shall forthwith notify the Zoning Administrator who shall schedule a public hearing before the Town Council pursuant to public notice as required by VA Code § 15.2-2204. Each such notice shall be accompanied by a check or money order in at least the sum of $50 to cover the costs of such notice.

(B) Whenever the ARB shall, in a final decision, approve an application for a certificate of appropriateness, or whenever the ARB shall, in a final decision, approve an application for a permit to raze a building, opponents to the granting of such certificate or of such permit shall have the right to appeal to and be heard before the Town Council; provided, that their appeal is filed with the Town Clerk, within 15 days after the decision of the ARB. Upon receipt of such notice, the Town Clerk shall forthwith notify the Zoning Administrator, who shall schedule a public hearing before the Town Council pursuant to a public notice as required by VA Code § 15.1-431. Each such notice shall be accompanied by a check or money order in an amount set by Council from time to time to cover the costs of such notice.

(C) On any such appeal, the final decision of the Architectural Review Board as appealed from shall be stayed pending the outcome of the appeal before the Council. The Council shall conduct a full and impartial public hearing on the appeal before rendering any decision. The same standards shall be applied by the Council as are established for the Architectural Review Board. The Council may affirm, reverse or modify the decision of the ARB, in whole or in part except that the filing of such petition shall not stay the decision of the ARB, if the decision denies the right to raze or demolish an historic landmark, or contributing structure. The decision of the Council shall be final, subject to appeal to a Court of Record.

(1996 Code, § 176-141)

§ 153.127 APPEAL TO THE COURTS.

Any applicant or persons within the Historic District who previously appealed to the Town Council may appeal such decision to the Circuit Court of the county for review by filing a petition at law setting forth the alleged illegality of the action of the Town Council provided such petition is filed within 30 days after the final decision of the Town Council. The filing of said petition shall stay the decision of the Town Council pending the outcome of the appeal to the Court, except that the filing of such petition shall not stay the decision of the Town Council, if the decision denies the right to raze or demolish an historic landmark, or contributing structure. The Court may reverse or modify the decision of the Town Council, in whole or in part, if it finds upon review that the decision is arbitrary and constitutes an abuse of discretion, or it may affirm the decision of the Town Council.

(1996 Code, § 176-142)

§ 153.140 PURPOSE AND INTENT.

In order to guide the development of compatible land use patterns in the town, nonconforming uses which adversely affect the development of such areas must be subject to certain limitations. The provisions of this subchapter are designed to provide a gradual remedy for existing undesirable conditions which result from incompatible nonconforming uses. While such uses are generally permitted to continue, then provisions are designed to discourage further investment in these uses.

(1996 Code, § 176-144)

§ 153.141 APPLICABILITY.

The provisions of this chapter apply to all uses and signs which are not permitted within the districts in which they are located. Any nonconforming use which existed lawfully at the time of enactment of this chapter, or any use which shall become nonconforming upon enactment of this chapter and subsequent amendments may be continued subject to the provisions of this chapter.

(1996 Code, § 176-145)

§ 153.142 REPAIRS, ALTERATIONS AND EXPANSION.

(A) Incidental alterations. Incidental alterations as defined by this chapter may be made to a building or structure occupied by a nonconforming use.

(B) Alterations other than incidental alterations. No alterations other than incidental alterations shall be made to a building or other structure occupied by a nonconforming use except when made:

(1) In order to comply with requirements of law regarding fire protection, safety of structure and the like; or

(2) In order to conform to the applicable district regulations.

(1) No structure used for a nonconforming use shall be rebuilt or repaired after damage exceeding 75% of replacement cost unless the use and structure conform to the provisions of this chapter.

(2) No nonconforming structure shall be rebuilt or repaired after damage exceeding 75% of replacement cost unless the use and structure conform to the provisions of this chapter.

(1996 Code, § 176-146) Penalty, see § 153.999

§ 153.143 EXPANSION OF NONCONFORMING USE.

(A) No structure used for a nonconforming use shall be expanded except in conformity with this chapter.

(B) The nonconforming use of land, not involving a building or structure, or involving a use or structure which is incidental or accessory to the principal use of the land, shall not be expanded beyond the area it occupies.

(1996 Code, § 176-147) Penalty, see § 153.999

§ 153.144 CHANGE OF NONCONFORMING USE.

(A) General provisions.

(1) For the purpose of this chapter, a change in use is a change in the type of activity, however, a change in occupancy or ownership shall not, by itself, constitute a change of use.

(2) A nonconforming use may be changed to any conforming use, and the applicable bulk regulations and accessory off-street parking requirements shall apply to such change of use or to alterations made in order to accommodate such conforming use.

(B) Change of nonconforming use to nonconforming use. In all districts, a nonconforming use or structure may not be changed to another nonconforming use which would be more detrimental to the district in which it is located as determined by the Zoning Administrator.

(1996 Code, § 176-148) Penalty, see § 153.999

§ 153.145 DISCONTINUANCE.

No nonconforming use, structure or use of land shall be re-established after discontinuance of two years.

(1996 Code, § 176-149)

§ 153.146 NONCONFORMING SIGNS.

Any advertising structure or sign which was lawfully erected and maintained prior to the adoption of this chapter shall be allowed to remain as a nonconforming sign. Any sign damaged to the extent that it represents a public hazard as determined by the Building Inspector shall be removed immediately. Nonconforming signs advertising a business which changes ownership must be removed within 90 days of the date of change of ownership.

(1996 Code, § 176-150) Penalty, see § 153.999

§ 153.160 ISSUANCE OF CONDITIONAL USE PERMIT.

The Board of Zoning Appeals may hear and decide, in accordance with the provisions of this chapter, requests for conditional use permits. For the purposes of administration of this chapter, conditional uses shall be construed as synonymous with special exceptions, as controlled by VA Code § 15.2-2296, as amended.

(1996 Code, § 176-151)

§ 153.161 APPLICATION FOR CONDITIONAL USE PERMIT.

(A) The application for a conditional use permit shall be made by the property owner or his or her designated agent and filed in writing with the Board of Zoning Appeals and shall contain information and exhibits as may be required by the Board. Not more than 60 days after filing such applications, a hearing shall be held on the application. Notice of the hearing shall be in accordance with the hearing procedures of the Board.

(B) A fee set by Council from time to time plus an additional fee for each registered letter sent to adjoining property owners, shall be payable to the town and be charged to partially defray costs of review and processing for each application for a conditional use permit, except that the fee shall be waived for any governmental agency.

(1996 Code, § 176-152)

§ 153.162 REQUIREMENTS FOR PERMIT; GENERAL PROVISIONS.

General requirements are hereby established which shall apply to all applications for conditional use permits, and specific standards listed shall apply to the issuance of a conditional use permit as appropriate. The Board may impose such other conditions and restrictions as may be necessary to reduce or minimize the injurious effect of the conditional use and ensure compatibility with surrounding property. The Board may establish expiration dates for the expiration of any conditional use permit as a condition of approval.

(1996 Code, § 176-153)

§ 153.163 GENERAL REQUIREMENTS FOR PERMIT.

A conditional use permit shall be granted provided the Board finds that it:

(A) Is designed, located and operated so as the public health, safety and welfare will be protected;

(B) Will not adversely affect other property in the area in which it is located;

(D) Conforms to all applicable provisions of this chapter for the district in which it is to be located and is necessary for public convenience in that location.

(1996 Code, § 176-154)

§ 153.164 SPECIFIC STANDARDS FOR COMMUNITY FACILITY ACTIVITIES.

In addition to the requirements of the applicable district and the general requirements set forth above, a conditional use permit shall be granted for the community facility activities specified in this section when the standards established in this section are met as part of the condition for issuance of a permit.

(A) Specific conditions for community education facilities.

(1) The location, site and design of such facilities shall be such that the proposed development shall be compatible with the development within the surrounding area, thus reducing the impact on the surrounding area.

(2) The traffic generated by such facility shall be safely accommodated along major streets without traversing local minor streets.

(3) The off-street parking requirements of §§ 153.065 through 153.067 shall apply.

(4) Fencing, screening and landscaping shall be provided as appropriate to protect the surrounding area.

(5) All public utilities and sewage disposal shall be available to the site.

(6) The site and architectural plans for such facilities shall first be approved by the Planning Commission and Town Council taking into account the above conditions as well as any other pertinent factors related to the use and operation of the facility.

(B) Specific conditions for libraries.

(1) All bulk regulations of the zoning district shall apply.

(2) The off-street parking requirements of §§ 153.065 and 153.066 of this chapter shall apply.

(3) Fencing, screening and landscaping shall be provided as appropriate to protect the surrounding area.

(4) The location and operation of such facility shall be in keeping with the character of the surrounding area and shall not have an adverse effect on properties within the surrounding area.

(5) The site and architectural plans shall first be approved by the Planning Commission and Town Council taking into account the above conditions.

(1) The off-street parking requirements of §§ 153.065 and 153.066 shall apply.

(2) Fencing, screening and landscaping shall be provided as appropriate to protect the surrounding area.

(3) The location and operation of this activity shall be in keeping with the character of the surrounding area and shall not have an adverse effect on properties within the surrounding area.

(4) The site and architectural plans shall first be approved by the Planning Commission and Town Council taking into account the above conditions.

(D) Specific conditions for utility facilities.

(1) All of the bulk regulations of the Zoning District shall apply.

(2) The location of the facility shall not materially increase traffic on surrounding streets.

(3) The location of the facility shall not have an adverse effect on surrounding properties.

(4) There shall be provided along the entire site boundaries fencing, screening and landscaping, as appropriate to protect the surrounding area.

(5) The site and architectural plans shall first be approved by the Planning Commission and Town Council taking into account the above conditions.

(1996 Code, § 176-155)

§ 153.165 SPECIFIC STANDARDS FOR RESIDENTIAL ACTIVITIES.

(A) In addition to the requirements of the applicable district and the general requirements set forth above, a conditional use permit shall be granted for the residential activity specified in division (B) below when the standards established in that section are met as part of the condition for issuance of a permit.

(B) Specific conditions for dwelling unit in CC District and GC District:

(1) The residential use shall be permitted only above the ground floor of a building occupied by a commercial use; and

(2) The off-street parking requirements of § 153.066(A) shall apply.

(1996 Code, § 176-156)

§ 153.166 SPECIFIC STANDARDS FOR COMMERCIAL ACTIVITIES.

In addition to the requirements of the applicable district and the general requirements set forth above, a conditional use permit shall be granted for the commercial activities specified in divisions (A) and (B) below when the standards established in those sections are met as part of the condition for issuance of a permit.

(A) Specific conditions for convenience sales and service in I District. This use shall be considered as incidental to serve occupants and patrons of the permitted use only. Such activities shall be conducted in spaces which are designed as an integral part of the principal use.

(B) Special conditions for food service in I District. This use shall be considered as incidental to serve occupants and patrons of the permitted use only. Such activities shall be conducted in spaces which are designed as an integral part of the principal use.

(1996 Code, § 176-157)

§ 153.167 CONDITIONAL USE PERMIT APPEALS.

(A) Any person or any agency of the town government may appeal to the Circuit Court of the county to review the decision of the Board of Zoning Appeals as provided under VA Code § 15.2-2314, as amended.

(B) The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

(1996 Code, § 176-158)

§ 153.180 ISSUANCE OF ZONING VARIANCE.

The Board of Zoning Appeals may hear and decide, in accordance with the provisions of this chapter, requests for zoning variances.

(1996 Code, § 176-159)

§ 153.181 APPLICATION FOR ZONING VARIANCE.

(A) The application for a zoning variance may be made by any property owner, tenant, government official, department, board or bureau.

(B) The application shall be made to the Zoning Administrator in accordance with rules adopted by the Board.

(C) The application and accompanying maps, plans or other information shall be transmitted promptly to the searching of the Board.

(D) Not more than 60 days after filing such application, a hearing shall be held on the application.

(E) Notice of the hearing shall be in accordance with the hearing procedures of the Board.

(F) A fee set by Council from time to time plus an additional fee for each registered letter sent to adjoining property owners, payable to the town shall be charged to partially defray the cost of review and processing for each application for a variance, except that the fee shall be waived for any governmental agency.

(1996 Code, § 176-160)

§ 153.182 NOTICE TO AFFECTED PROPERTY OWNERS.

(A) It shall be the general rule of the Board that reasonable efforts shall be made to contact and notify interested parties who, in the opinion of the Board, may be affected by any matter brought before the Board.

(B) In all cases all owners of record of adjoining property, including those separated by a public way from the premises in question shall be notified.

(C) The notification required to meet this provision shall be accomplished by direct mail addressed to the respective owner at the address given in the latest assessment role.

(1996 Code, § 176-161)

§ 153.183 STANDARDS FOR VARIANCES.

(A) The Board shall not grant a variance unless it makes findings based upon evidence presented to it as follows:

(1) The property owner acquired the property in good faith, and that by reason of exceptional narrowness, shallowness, size or shape, or exceptional topographic conditions or other extraordinary conditions of the property, or of the use or development of property immediately adjacent to it, the strict application of the terms of this chapter would effectively prohibit or unreasonably restrict the use of the property;

(2) The Board is satisfied, upon the evidence heard by it, that the granting of such variance will alleviate a demonstrable hardship approaching confiscation, as distinguished from a special privilege or convenience sought by the applicant;

(3) The strict application of the ordinance would produce undue hardship;

(4) The hardship is not shared generally by other properties in the same zoning district and the same vicinity;

(5) The authorization of such variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance;

(6) The condition or situation of the property concerned or the intended use of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance;

(7) The variance shall be in harmony with the intended spirit and purpose of this chapter;

(8) The variance will not authorize uses in a zoning district other than those permitted by this chapter;

(9) Financial concerns only shall not be considered as a basis for granting a variance; and

(10) Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures or buildings in the same district.

(B) No nonconforming use of neighboring lands, structures or buildings in the same district, and no permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a variance.

(1996 Code, § 176-162)

§ 153.184 PROHIBITION OF USE VARIANCES.

Under no circumstances shall the Board of Zoning Appeals grant a variance to allow a use not permitted under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in said district.

(1996 Code, § 176-163)

§ 153.185 CONDITIONS AND RESTRICTIONS BY BOARD.

(A) The Board may impose such conditions and restrictions upon the premises benefitted by a variance as may be necessary to comply with the provisions set out in § 153.183 to reduce or minimize the injurious effect of such variance upon surrounding property and to better carry out the general intent of this chapter.

(B) The Board may establish expiration dates as a condition or as a part of the variance. The Board may require a guarantee or bond to insure that the conditions imposed are being and will continue to be complied with.

(1996 Code, § 176-164)

§ 153.186 REVERSAL OF DECISION OF ADMINISTRATIVE OFFICIAL.

In exercising its powers, the Board of Zoning Appeals may, so long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination of the administrative official, and to that end shall have the powers of the official from whom the appeal is taken.

(1996 Code, § 176-165)

§ 153.187 VARIANCE APPEALS.

Any person including any agency of the town government aggrieved by a decision of the Board on a variance may appeal any decision of the Board to the Circuit Court of the county as provided for in VA Code § 15.2-2314, as amended.

(1996 Code, § 176-166)

§ 153.200 CREATION, MEMBERSHIP AND APPOINTMENT OF THE BOARD.

(A) The Board of Zoning Appeals is hereby established which may be referred to in this chapter as the “Board” or “Board of Zoning Appeals.”

(B) The Board shall have jurisdiction within the corporate limits of the town, and it shall consist of five residents of the town, appointed by the Circuit Court of the county.

(D) Members of the Board shall hold no other public office in the town except that one may be a member of the Planning Commission.

(1996 Code, § 176-167)

§ 153.201 TERMS OF OFFICE OF BOARD MEMBERS; VACANCIES; REMOVALS.

(A) The members of the Board shall serve for a five-year term, except that original appointments shall be made for such terms that the term of one member shall expire each year.

(B) The Secretary of the Board shall notify the court at least 30 days in advance of the expiration of any term of office, and shall also notify the court promptly if any vacancy occurs.

(D) A member whose term expires shall continue to serve until his or her successor is appointed and qualifies.

(E) Any Board member may be removed for malfeasance, misfeasance or nonfeasance in office, or for other just cause, by the court which appointed him or her, after a hearing held after at least 15 days notice.

(1996 Code, § 176-168)

§ 153.202 STAFF OF BOARD; COMPENSATION OF BOARD MEMBERS.

(A) Within the limits of funds appropriated by the Town Council, the Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services.

(B) Members of the Board may receive such compensation as may be authorized by the Town Council.

(1996 Code, § 176-169)

§ 153.203 POWERS OF BOARD.

The Board is hereby vested with the powers to:

(A) Hear and decide appeals from any order, requirement, decision or determination made by an administrative officer in carrying out the administration or enforcement of the ordinance;

(B) Hear and act upon application for variances in accordance with § 153.181 to alleviate hardships by virtue of the inability of the landlord to comply strictly with the provisions of this chapter by reason of unique shape, topography or physical features of the lot;

(D) Hear and decide applications for interpretation of the district map where there is any uncertainty as to the location of a district boundary;

(E) Hear and decide applications for conditional use permits and special exceptions in the manner and subject to the standards set out in §§ 153.182 through 153.187;

(F) Hear and decide all matters referred to it on which it is required to act under this chapter;

(G) Within its budget appropriation and other funds at its disposal, enter into contracts for such services as it may require; and

(H) Revoke a conditional use or special exception if the Board determines that there has not been compliance with the terms or conditions of the permit. No conditional use or special exception may be revoked except after notice and hearing as provided by VA Code § 15.2-2204.

(1996 Code, § 176-170)

§ 153.204 ELECTION OF OFFICERS; TERMS.

The Board shall elect from its members its own Chairperson, Vice Chairperson and Secretary, who shall serve for one year and may upon election serve succeeding terms.

(1996 Code, § 176-171)

§ 153.205 STAY OF PROCEEDINGS.

(A) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board, after such notice of appeal shall have been filed, that by reason of facts stated in the certificate such stay would cause imminent threat to life or property.

(B) In such instance the proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by a court of record on application and on notice to the Zoning Administrator and for good cause shown.

(1996 Code, § 176-172)

§ 153.206 RULES AND PROCEEDING OF BOARD.

(A) The Board shall also adopt rules for the conduct of its meetings.

(B) Such rules shall, at the minimum, require the following.

(1) The presence of a majority of all members of the Board shall constitute a quorum.

(2) No action shall be taken by the Board on any case until after a public hearing and notice thereof. Notice of such hearing shall be published once a week for two successive weeks in a local newspaper of general circulation, not less than six days nor more than 21 days after the second advertisement appears. A written notice of the hearing of the appeal shall be sent by mail to the applicant and all directly affected property owners at least ten days before the hearing of the appeal. The notice to the appellant shall be sent by registered mail.

(3) Appeals to the Board shall be taken within 30 days after the decision appealed from by filing with the Zoning Administrator and with the Board, a notice of appeal specifying the grounds of the appeal. The Zoning Administrator shall then transmit to the Board all the papers constituting the record upon which the action was taken.

(4) The Board shall fix a reasonable time for hearing the application or appeal, give public notice thereof as well as notify interested parties and decide the same within 60 days.

(5) The Board may reverse or affirm, wholly or partly, or may modify an order, requirement, decision or determination appealed from. The concurring vote of three members shall be necessary to reverse any order, requirement, decision or determination of an administrative officer or to decide in favor of the applicant on any matter upon which it is required to pass under the ordinance or to effect any variance from the ordinance.

(6) The Board shall keep minutes of its proceedings and other official actions which shall be filed in the office of the Board and shall be public records. The Chairperson of the Board, or in his or her absence, the Vice Chairperson, may administer oaths and compel the attendance of witnesses.

(7) The Board may call upon any other office or agency of the town for information in the performance of its duties, and it shall be the duty of such other agencies to render the information to the Board as may be reasonably required.

(8) Any office, agency or department of the town or other aggrieved party may appeal any decision of the Board to the Circuit Court of the county as provided for in VA Code § 15.2-2314, as amended.

(9) In decisions on variance or conditional use, the Board shall indicate the specific section of this chapter under which the variance or conditional use is being considered, and shall state its findings beyond such generalities as “in the interest of public health, safety and general welfare.” The Board shall state clearly the specific conditions imposed in granting the variance ordinance or conditional use permit. For variance cases pertaining to hardship, the Board shall specifically identify the hardship warranting such action by the Board.

(10) At the public hearing of the case before the Board, the appellant shall appear in his or her own behalf or be represented by counsel or agent. The appellant’s side of the case shall be heard first and those in objection shall follow. To maintain orderly procedure, each side shall proceed without interruption from the other.

(11) The Town Planning Commission shall be permitted to submit an advisory opinion on any matter before the Board, and such opinion shall be made part of the record of the public hearing.

(1996 Code, § 176-173)

§ 153.207 ZONING ADMINISTRATOR.

(A) Creation of office of Zoning Administrator.

(1) The office of Zoning Administrator is hereby established to administer and enforce this chapter.

(2) The Zoning Administrator shall be designated by the Town Council.

(3) He or she may be provided with the assistance of such other persons as the Town Council may direct.

(1996 Code, § 176-174)

(B) Duties of Zoning Administrator. The Zoning Administrator shall be responsible to the administration and enforcement of this chapter. These duties include the following:

(1) Upon finding that any provision of this chapter is being violated, the Zoning Administrator shall notify in writing the person responsible for such violation and order the necessary action to correct it;

(2) The Zoning Administrator shall order discontinuance of illegal use of land, buildings or structures, removal of illegal buildings or structures or illegal additions, alterations or structural changes or discontinuance of any illegal work being done;

(3) The Zoning Administrator shall be responsible for the issuance of zoning and certificate of occupancy permits. The Zoning Administrator shall review each application for a zoning permit and may require any other information which he or she may deem necessary for the consideration of the application; and

(4) The Zoning Administrator shall take any other action authorized by this chapter to ensure compliance with or to prevent violations of its provisions.

(1996 Code, § 176-175)

(C) Authority of the Zoning Administrator. The Zoning Administrator shall have all necessary authority on behalf of the Town Council to administer and enforce this chapter. This includes ordering in writing the remedying of any condition found in violation of this chapter, and bringing legal action to ensure compliance with this chapter, including injunction, abatement or other appropriate action or proceeding.

(1996 Code, § 176-176)

§ 153.220 ZONING PERMITS REQUIRED.

(A) No building or other structure shall be erected, moved, added to or structurally altered without a zoning permit issued by the Office of the Zoning Administrator.

(B) Each application for a zoning permit shall be accompanied by three copies of a plan drawn to scale showing the shape and dimensions of the plot to be built upon, the exact sizes and locations on the plot of the buildings, structures and accessory buildings then existing, and the lines within which the proposed building or structure shall be erected or altered, the existing and intended use of each building or part of a building, and the number of families or housekeeping units the building is designed to accommodate. Any other information that the Administrator may deem necessary for consideration of the application may be required. If the proposed building or use is found to conform to the provisions of this chapter, the Administrator shall issue a zoning permit to the applicant.

(1996 Code, § 176-177)

§ 153.221 CERTIFICATE OF OCCUPANCY AND USE PERMIT REQUIRED.

(A) Land may be used or occupied, and buildings structurally altered or erected may be used or changed in use only after a certificate of occupancy and use has been issued by the Zoning Administrator.

(B) This permit shall state that the building or the proposed use, or the use of the land, complies with the provisions of this chapter. A certificate of occupancy and use either for the whole or a part of a building shall be applied for simultaneously with the application for a zoning permit.

(C) The certificate shall be issued within ten days after the erection or structural alteration of such building or part has conformed to the provisions of this chapter.

(1) No certificate of occupancy and use shall be issued for any building, structure or part thereof, or for any use of land, which is not in accordance with the provisions of this chapter.

(2) No certificate of occupancy and use shall be issued until construction has been completed and the premises inspected and certified by the office of the Zoning Administrator to be in conformity with the plans and specifications upon which the zoning permit was based

(1996 Code, § 176-178)

§ 153.235 COMPLAINTS REGARDING VIOLATIONS.

(A) Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint.

(B) The complaint shall state fully the causes and basis of such complaint and shall be filed with the Zoning Administrator.

(C) The Zoning Administrator shall properly record the complaint, immediately investigate and take such action as provided for in this chapter.

(1996 Code, § 176-179)

§ 153.236 VIOLATIONS.

(A) Violations of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punished as provided for by law. Each day such violation exists shall be deemed a separate offense.

(B) The owner or tenant of any budding, structure or premises and any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense and shall be punished as provided for by law.

(1996 Code, § 176-180)

§ 153.237 REMEDIES.

(A) In case any building or other structure is proposed to be erected, constructed, reconstructed, altered, extended or converted, or any building or other structure or land is or is proposed to be used in violation of this chapter, the Zoning Administrator or other appropriate authority of the town government or any adjacent or neighboring property owner who would be especially damaged by such violation may, in addition to other remedies, institute injunction, mandamus or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, extension, conversion or use, to correct or abate such violation, or to prevent the occupancy of such building or other structure or land.

(B) Where a violation of these regulations exists with respect to a building or other structure or land, the Zoning Administrator may, in addition to other remedies, notify all public utilities and municipal service departments of such violation and request that service be withheld until such time as the building or other structure or land is no longer in violation of these regulations, and each such utility or department shall comply with such request.

(1996 Code, § 176-181)

§ 153.250 AUTHORITY TO AMEND.

The Town Council may, from time to time, by ordinance amend, supplement or change the regulations, district boundaries or classifications of property. Amendments may be initiated whenever the public necessity, convenience, general welfare or good zoning practice require it.

(1996 Code, § 176-182)

§ 153.251 INITIATION OF AMENDMENT

Amendments may be initiated by resolution of the Town Council, or by motion of the Town Planning Commission or by petition of any property owner addressed to the governing body.

(1996 Code, § 176-183)

§ 153.252 APPLICATION FOR AMENDMENT; FEE.

An application by an individual for an amendment shall be accompanied by a fee set by Council from time to time plus an additional fee for each registered letter sent to adjoining property owners, payable to the town, and shall also be accompanied by maps, drawings and data necessary to demonstrate that the proposed amendment is in general conformance with the general plan of the area and that public necessity, convenience and general welfare require the adoption of the proposed amendment. An accurate legal description and scale drawing of the land and existing buildings shall be submitted with the application.

(1996 Code, § 176-184)

§ 153.253 REVIEW AND RECOMMENDATION BY PLANNING COMMISSION.

The Planning Commission shall review and make recommendations to the Town Council on all proposed amendments to this chapter.

(1996 Code, § 176-185)

§ 153.254 GROUNDS FOR AMENDMENT.

The Planning Commission, in its review and recommendation, and the Town Council, in its deliberations, shall make specific findings with regard to the following grounds for an amendment and shall note the same in the official record as follows:

(A) The amendment is in agreement with the general plan for the area;

(B) It has been determined that the legal purposes for which zoning exists are not contravened;

(C) It has been determined that there will not be adverse effect upon adjoining property owners unless such adverse effect can be justified by the overwhelming public welfare; and

(D) It has been determined that no property owner or small group of property owners will benefit materially from the change to the detriment of the general public.

(1996 Code, § 176-186)

§ 153.255 PUBLIC HEARING; NOTICE.

(A) A public hearing shall be held on all proposed amendments to this chapter.

(B) Notice of such hearing shall be published once a week for two successive weeks in a local newspaper of general circulation, not less than six days nor more than 21 days after the second advertisement appears.

(C) The Zoning Administrator will post, at the time of the first newspaper advertisement, an appropriate sign on all lots upon which the application for zoning changes have been made.

(D) At least ten days prior all affected property owners and all adjoining property owners, including those separated by a public way, shall be notified by mail of the proposed amendment, and the time, date and place of the public hearing.

(1996 Code, § 176-187)

§ 153.256 NOTICE OF ENACTMENT

Upon enactment of an amendment to this chapter, a notice of such shall be published in a newspaper of general circulation within seven days following the enactment, announcing the new zoning classification of property affected. The change shall become effective upon the date of the announcement.

(1996 Code, § 176-188)

§ 153.257 AMENDMENTS AFFECTING ZONING MAP.

Upon enactment of an amendment to the zoning map which is part of this chapter, the Zoning Administrator shall cause such amendment to be placed upon the zoning map noting thereon the ordinance number and effective date of such amendatory ordinance.

(1996 Code, § 176-189)

§ 153.258 EFFECT OF DENIAL OF APPLICATION.

Whenever an application for an amendment to the text of this chapter or for a change in the zoning classification of any property is denied, the application for that amendment shall not be eligible for reconsideration for one year following such denial, except in the following cases:

(A) Upon initiation by the Planning Commission or Town Council;

(B) When the new application, although involving all or a portion of the same property, is for a different zoning district than that for which the original application was made; and

(C) When the previous application was denied for the reason that the proposed zoning would not conform to the general plan, and the general plan has subsequently been amended in a manner which will allow the proposed zoning.

(1996 Code, § 176-190)

§ 153.999 PENALTY.

(A) Any person who willfully violates any provision of this chapter or of any regulation issued under the authority of this chapter shall, upon conviction, be fined not more than a fee set by Council from time to time or be imprisoned for not more than 90 days, or both. All prosecutions for violations of this chapter or of any regulations issued under the authority of this chapter shall be brought in the name of the town in the court of the county by the Corporation Counsel of the town or any of his or her assistants.

(B) Any person who demolishes, alters or constructs a building or structure in violation of this chapter shall be required to restore the building or structure and its site to the appearance prior to the violation. Any action to enforce this section shall be brought by the Corporation Counsel of the town. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty.

(1996 Code, § 176-143)