For the purposes of this article, the incorporated area of the town is hereby divided into the following districts:

(Code 1997, § 54-211; Ord. of 6-6-1969, art. 2)

(a)

The R-1 residential district is composed of quiet, low-density residential undeveloped areas where similar residential construction appears to occur. The standards set forth for this district are designed:

(1)

To stabilize and protect the essential character of the areas so delineated;

(2)

To promote and encourage a suitable environment for family life where there are children; and

(3)

To prohibit all commercial activities.

Development is, therefore, limited to relatively low concentration, and permitted uses are limited to single-unit dwellings, plus selected additional uses such as schools, parks, churches and certain public facilities that serve the residents of the district. No mobile homes or roominghouses are permitted.

(b)

All regulations in this section are subject to article IV of this chapter, pertaining to supplementary district regulations, and article V of this chapter, pertaining to the Chesapeake Bay Preservation Overlay District. Supplementary district regulations include but are not limited to minimum off-street parking, fences, visual obstructions, signs and temporary trailer parks.

(Code 1997, § 54-236; Ord. of 6-6-1969, art. 2-1; Ord. of 7-18-2005; Ord. of 10-23-2006(2), § 54-236)

Only one main building and its accessory buildings may be erected on any lot or parcel of land in residential district R-1. Structures to be erected or land to be used shall be for the following uses:

(1)

Single-family dwellings.

(2)

Schools.

(3)

Churches.

(4)

Parks and playgrounds.

(5)

Agricultural use, not to include related marketing functions such as fruit packing plants or dairies.

(6)

Accessory structures, as defined in section 54-2. However, garages, carports, porches and stoops attached to the main building shall be considered part of the main building. A deck shall be part of the main structure, with the exception that it may encroach upon the side and rear yard regulations within ten feet of the property lines, provided the encroachment is not more than 36 inches above grade at any point. No accessory building may be closer than three feet to any property line or to any other structure.

(7)

Real estate signs, as set forth in section 54-453(f)(2).

(8)

Church bulletin boards and church identification signs, as set forth in sections 54-453(c) and 54-453(d).

(9)

Travel trailers by use permit shall be stored within the minimum yard requirements and shall be prohibited from occupancy.

(10)

Temporary signs, as set forth in section 54-453(f).

(11)

Identification signs, as set forth in section 54-453(d).

(12)

Fences, as set forth in section 54-451.

(13)

Funeral homes and mortuaries with a conditional use permit.

(14)

Bed and breakfasts, with a conditional use permit.

(15)

Yard sales with an administrative permit, not to exceed one yard sale every 90 days per location.

(16)

Home occupations.

(17)

Guest cottages and garage guest quarters so long as the lot contains a minimum of 20,000 square feet and all frontage, setback, side and rear yard requirements are met. Only one of the cottages or guest quarters referred to in this subsection shall be permitted on any lot.

(18)

Small solar energy system.

(19)

Tourist homes, with a conditional use permit.

(Code 1997, § 54-237; Ord. of 6-6-1969, § 2-1-1; Ord. of 5-15-1995, § 2-1-1-16; Ord. of 4-15-1996, § 2-1-1-7; Ord. of 7-17-2000; Ord. of 8-16-2004; Ord. of 10-23-2006(2), § 54-237; Ord. of 12-17-2007; Ord. of 10-17-2016(1); Ord. of 4-17-2017(1))

The minimum lot area in the R-1 district shall be 20,000 square feet.

(Code 1997, § 54-238; Ord. of 6-6-1969; Ord. of 3-15-1993, § 2-1-2; Ord. of 10-23-2006(2), § 54-238)

Structures in the R-1 district shall be located 30 feet or more from any street right-of-way 50 feet or greater in width, or 55 feet or more from the center of any street right-of-way less than 50 feet in width; however, no building need be set back more than the average of the setback of the two adjacent structures on either side. A vacant lot 50 feet or more in width may be assumed to be occupied by a building having a minimum setback. This shall be known as the setback line.

(Code 1997, § 54-239; Ord. of 6-6-1969, § 2-1-3; Ord. of 10-23-2006(2), § 54-239)

The minimum lot width at the setback line in the R-1 district shall be 75 feet.

(Code 1997, § 54-240; Ord. of 6-6-1969, § 2-1-4; Ord. of 3-15-1993, § 2-1-4; Ord. of 7-18-2005; Ord. of 10-23-2006(2), § 54-240)

(a)

Side yard. The minimum total width of the side yards for each main structure in the R-1 district shall be 30 feet, with no one side yard being less than 15 feet.

(b)

Rear yard. Each main structure shall have a minimum rear yard of 30 feet.

(Code 1997, § 54-241; Ord. of 6-6-1969, § 2-1-5; Ord. of 3-15-1993, § 2-1-5(a); Ord. of 10-23-2006(2), § 54-241)

The following are the height regulations in the R-1 district:

(1)

Buildings may be erected up to 2½ stories, 35 feet in height.

(2)

A public or semipublic building such as a school, church or library may be erected to a height of 60 feet from grade provided that required front, side, and rear yards shall be increased one foot for each foot in height over 35 feet.

(3)

Church spires, belfries, cupolas, municipal water towers, chimneys, flues, flagpoles, television antennas and radio aerials are exempt. Parapet walls may be up to four feet above the height of the building on which the walls rest.

(4)

No accessory building within 20 feet of any party lot line shall be more than one story high. All accessory buildings shall be less than the main building in height.

(Code 1997, § 54-242; Ord. of 6-6-1969, § 2-1-6; Ord. of 10-23-2006(2), § 54-242)

Corner lots in the R-1 district are regulated as follows:

(1)

Of the two sides of a corner lot, the front shall be deemed to be the shorter of the two sides fronting on streets.

(2)

The side yard on the side facing the side street shall be 30 feet or more for both main and accessory building.

(3)

For subdivisions platted after the enactment of the ordinance from which this chapter is derived, each corner lot shall have a minimum width at the setback line of 100 feet.

(Code 1997, § 54-243; Ord. of 6-6-1969, § 2-1-7; Ord. of 10-23-2006(2), § 54-243)

(a)

Residential district R-2 encompasses medium-density residential areas, as well as certain compatible public, semipublic and very limited commercial land uses. The following regulations are designed to stabilize, protect and promote this type of development. This district should provide a suitable environment for persons desiring the amenities of apartment living and the convenience of being closest to shopping and employment centers and other community facilities. No mobile homes are permitted.

(b)

All regulations in this section are subject to article IV of this chapter, pertaining to supplementary district regulations, and article V of this chapter, pertaining to the Chesapeake Bay Preservation Overlay District. Supplementary district regulations include but are not limited to minimum off-street parking, fences, visual obstructions, signs and temporary trailer parks.

(Code 1997, § 54-266; Ord. of 6-6-1969, art. 2-2; Ord. of 7-18-2005)

Only one building and its accessory buildings, with the exception of townhouses, may be erected on any lot or parcel of land in residential district R-2. Structures to be erected or land to be used shall be for the following uses:

(1)

Single-family dwellings.

(2)

Two-family dwellings.

(3)

Multifamily dwellings.

(4)

Townhouses.

(5)

Roominghouses.

(6)

Tourist homes.

(7)

Boardinghouses.

(8)

Schools.

(9)

Churches.

(10)

Playgrounds.

(11)

Professional offices.

(12)

Office buildings. A conditional use permit shall be required for this use.

(13)

Home occupations conducted by the occupant.

(14)

Off-street parking, as set forth in section 54-448.

(15)

Accessory buildings permitted as defined in section 54-2. However, garages or other accessory structures, such as, carports, porches and stoops attached to the main building shall be considered part of the main building. A deck shall be part of the main structure with the exception that it may encroach the rear yard regulations within ten feet of the rear property lines, provided the encroachment is not more than 36 inches above grade at any point. No accessory building may be closer than five feet to any property line.

(16)

Public utilities including poles, lines, distribution transformers, pipes, meters and other facilities necessary for the provision and maintenance of public utilities, including water and sewerage systems.

(17)

Real estate signs, as set forth in section 54-453.

(18)

Church bulletin boards and church identification signs, as set forth in section 54-453.

(19)

Travel trailers shall be stored within the minimum yard requirements and shall be prohibited from occupancy.

(20)

Temporary signs, as set forth in section 54-453.

(21)

Home occupation signs, as set forth in section 54-453.

(22)

Identification signs, as set forth in section 54-453.

(23)

Fences, as set forth in section 54-451.

(24)

Accredited residential care facility, rehab, skilled care, assisted living facility.

(25)

Bed and breakfasts.

(26)

Yard sales with an administrative permit, not to exceed one yard sale every 90 days per location.

(27)

Small solar energy system.

(Code 1997, § 54-267; Ord. of 6-6-1969, § 2-2-1; Ord. of 5-15-1995, § 2-2-1-25; Ord. of 4-15-1996, § 2-2-1-15; Ord. of 7-17-2000; Ord. of 10-17-2016(1))

(a)

The minimum lot area for single-family in the R-2 district shall be 10,000 square feet.

(b)

The minimum lot area for multiple-family dwellings in the R-2 district shall be 20,000 square feet for the first two dwelling units and 15,000 square feet for each dwelling unit above two.

(Code 1997, § 54-268; Ord. of 6-6-1969, § 2-2-2; Ord. of 3-15-1993, § 2-2-2)

Structures in the R-2 district shall be located 20 feet or more from any street right-of-way 50 feet or greater in width, or 45 feet or more from the center of any street right-of-way less than 50 feet in width. This shall be known as the setback line.

(Code 1997, § 54-269; Ord. of 6-6-1969, § 2-2-3)

The minimum lot width at the setback line in the R-2 district shall be 75 feet.

(Code 1997, § 54-270; Ord. of 6-6-1969, § 2-2-4)

(a)

Side yard. The minimum side yard in the R-2 district for structures less than three stories shall be eight feet. The minimum side yard for three-story structures shall be 15 feet.

(b)

Rear yard. Each main structure shall have a minimum rear yard of 25 feet.

(Code 1997, § 54-271; Ord. of 6-6-1969, § 2-2-5)

Any structure in the R-2 district shall not occupy more than 30 percent of the area of the lot.

(Code 1997, § 54-272; Ord. of 6-6-1969, § 2-2-6)

Each multiple-family dwelling in the R-2 district shall provide 600 square feet of usable open space per dwelling unit. Such space shall be exclusive of areas devoted to streets, alleys and parking.

(Code 1997, § 54-273; Ord. of 6-6-1969, § 2-2-7)

(a)

Buildings in the R-2 district may be erected up to three stories, 35 feet in height from grade.

(b)

A public or semipublic building such as a school, church or library may be erected to a height of 60 feet from grade provided that required front, side and rear yards shall be increased one foot for each foot in height over 35 feet.

(c)

Church spires, belfries, cupolas, municipal water towers, chimneys, flues, flagpoles, television antennas and radio aerials are exempt. Parapet walls may be up to four feet above the height of the building on which the walls rest.

(d)

Accessory buildings over one story in height shall be at least ten feet from any lot line. All accessory buildings shall be less than the main building in height.

(Code 1997, § 54-274; Ord. of 6-6-1969, § 2-2-8)

Corner lots in the R-2 district are regulated as follows:

(1)

Of the two sides of a corner lot, the front shall be deemed to be the shorter of the two sides fronting on streets.

(2)

The side yard on the side facing the side street shall be 25 feet or more for both main and accessory building.

(3)

For subdivisions platted after the enactment of the ordinance from which this chapter is derived, each corner lot shall have a minimum width at the setback line of 90 feet.

(Code 1997, § 54-275; Ord. of 6-6-1969, § 2-2-9)

Townhouses in the R-2 district are regulated as follows:

(1)

The minimum lot requirement of 7,500 square feet shall be waived for the individual lots occupied by each townhouse dwelling unit.

(2)

Any freestanding, continuously roofed structure or structures composing a group or groups of townhouses shall not occupy more than 30 percent of the total area of all the lots composing the townhouse development.

(3)

A townhouse development shall provide 600 square feet of usable open space per dwelling unit. Such space shall be exclusive of areas devoted to streets, alleys and parking.

(4)

Freestanding structures shall not be closer than 30 feet to each other when at least one of the two adjacent walls contains fenestration. When neither adjacent wall contains fenestration, or when the corners of two structures are the elements of closest proximity and the adjacent walls form an angle of more than 60 degrees, there shall be not less than 15 feet between buildings.

(5)

Front yard requirements shall conform to those of the R-2 zone, except that lot widths shall be reduced to a minimum of 25 feet at the setback line. Each main structure shall be a minimum of 20 feet from the rear lot line. Side yards shall be five feet from the property line of adjacent development to the closest townhouse structure.

(6)

The developer shall provide landscaping of a permanent nature that will adequately screen any townhouse development from neighboring properties. The planning commission shall ensure that this provision is effectively met before the zoning administrator shall issue a zoning permit.

(7)

Off-street parking shall be provided in accordance with the provision of section 54-448.

(Code 1997, § 54-276; Ord. of 6-6-1969, § 2-2-10; Ord. of 3-5-1993, § 2-2-10-5)

The maximum density permitted in the R-2 district shall be eight units per acre.

(Code 1997, § 54-277; Ord. of 6-6-1969, § 2-2-11; Ord. of 1-18-1988, § 2-2-11; Ord. of 7-18-2005)

(a)

Residential district R-3 encompasses low-density residential areas. The regulations given in this division are designed to stabilize, protect and promote this type of development. This district should provide a suitable environment for persons desiring the amenities of affordable single-family living.

(b)

All regulations in this section are subject to article IV of this chapter, pertaining to supplementary district regulations, and article V of this chapter, pertaining to the Chesapeake Bay Preservation Overlay District. Supplementary district regulations include but are not limited to minimum off-street parking, fences, visual obstructions, signs and temporary trailer parks.

(Code 1997, § 54-301; Ord. of 6-6-1969, art. 2-3; Ord. of 7-18-2005)

Only one building and its accessory buildings may be erected on any lot or parcel of land in residential district R-3. Structures to be erected or land to be used shall be for the following uses:

(1)

Manufactured home with a manufacturing date of six years or less.

(2)

Manufactured home park.

(3)

Off-street parking, as set forth in section 54-448.

(4)

Accessory buildings permitted as defined in section 54-2. However, garages, or other accessory structures, such as carports, porches and stoops attached to the main building, shall be considered part of the main building. No accessory building may be closer than five feet to any property line.

(5)

Public utilities including poles, lines, distribution transformers, pipes, meters and other facilities necessary for the provision and maintenance of public utilities, including water and sewerage systems.

(6)

Real estate signs, set forth in section 54-453.

(7)

Travel trailers shall be stored within the minimum yard requirements and shall be prohibited from occupancy.

(8)

Temporary signs, as set forth in section 54-453.

(9)

Fences, as set forth in section 54-451.

(10)

Yard sales with an administrative permit, not to exceed one yard sale every 90 days per location.

(11)

Small solar energy systems.

(Code 1997, § 54-302; Ord. of 6-6-1969, § 2-3-1; Ord. of 7-17-2000; Ord. of 10-17-2016(1))

(a)

The minimum lot area in the R-3 district shall be one acre.

(b)

The minimum size for main structures shall be 600 square feet.

(Code 1997, § 54-303; Ord. of 6-6-1969, § 2-3-2)

Structures in the R-3 district shall be located 50 feet or more from any street right-of-way 50 feet or greater in width, or 75 feet or more from the center of any street right-of-way less than 50 feet in width. This shall be known as the setback line.

(Code 1997, § 54-304; Ord. of 6-6-1969, § 2-3-3)

The minimum lot width at the setback line in the R-3 district shall be 100 feet.

(Code 1997, § 54-305; Ord. of 6-6-1969, § 2-3-4)

(a)

Side yards. The minimum side yard for main structures in the R-3 district shall be 15 feet.

(b)

Rear yards. Each main structure shall have a minimum rear yard of 50 feet.

(Code 1997, § 54-306; Ord. of 6-6-1969, § 2-3-5)

Buildings in the R-3 district may be erected up to one story in height from grade.

(Code 1997, § 54-307; Ord. of 6-6-1969, § 2-3-6)

Corner lots in the R-3 district are regulated as follows:

(1)

Of the two sides of a corner lot, the front shall be deemed to be the shorter of the two sides fronting on streets.

(2)

The side yard on the side facing the side street shall be 30 feet or more for both main and accessory buildings.

(3)

For subdivisions platted after the enactment of the ordinance from which this chapter is derived, each corner lot shall have a minimum width at the setback line of 100 feet.

(Code 1997, § 54-308; Ord. of 6-6-1969, § 2-3-7)

(a)

The C-1 general commercial district covers that portion of the community intended for the conduct of general business to which the public requires direct and frequent access, but which is not characterized either by constant heavy trucking other than stocking and delivery of retail goods, or by any nuisance factors other than occasioned by incidental light and noise of congregation of people and passenger vehicles. This includes such uses as retail stores, banks, theaters, business offices, newspaper offices, printing presses, restaurants and taverns, and garages and service stations and commercial stores over the stand alone size of 45,000 square feet or more.

(b)

All regulations in this section are subject to article IV of this chapter, pertaining to supplementary district regulations, and article V of this chapter, pertaining to the Chesapeake Bay Preservation Overlay District. Supplementary district regulations include but are not limited to minimum off-street parking, fences, visual obstructions, signs and temporary trailer parks.

(Code 1997, § 54-331; Ord. of 6-6-1969, art. 2-4; Ord. of 7-18-2005; Ord. of 7-16-2006, § 54-331)

In business district C-1, structures to be erected or land to be used shall be for one or more of the following uses:

(1)

Retail food stores.

(2)

Bakeries and catering.

(3)

Dry cleaners.

(4)

Laundries and laundromats.

(5)

Florist shops.

(6)

Wearing apparel stores.

(7)

Jewelry stores.

(8)

Drugstores.

(9)

Fabric shops.

(10)

Barbershops and beauty shops.

(11)

Brewery and distillery with a retail or restaurant component (with conditional use permit).

(12)

Theaters, assembly halls.

(13)

Boat supply stores, marine sales, repair, fabrication, painting, upholstering, rebuilding, reconditioning (with major work under cover).

(14)

Banks.

(15)

Music shops.

(16)

Restaurants.

(17)

Furniture and home appliance stores.

(18)

Hotels, motels, tourist homes, boardinghouses, roominghouses.

(19)

Office buildings.

(20)

Office supply stores.

(21)

Churches.

(22)

Libraries.

(23)

Micro-brewery and micro-distillery with a retail or restaurant component.

(24)

Hospitals.

(25)

Funeral homes or mortuaries.

(26)

Automobile sales, gas stations in accordance with chapter 54, article IV, section 54-450, repair, fabrication, painting, upholstering, rebuilding, reconditioning, bodywork (with major work under cover).

(27)

Clubs and lodges.

(28)

Metal machining or welding shop (with major work under cover).

(29)

Public utilities.

(30)

Off-street parking, as set forth in section 54-448.

(31)

Public billiard parlors and pool rooms, bowling alleys, dancehalls, and similar forms of public amusement only after a public hearing shall have been held by the town council on an application submitted to the council for such use. The town council may request that the zoning commission submit a recommendation to them concerning such use applications. In approving any such applications, the governing body may establish such special requirements and regulations for the protection of adjacent property, set the hours of operations, and make requirements as they may deem necessary in the public interest before granting approval to the application.

(32)

Business signs, as set forth in section 54-454.

(33)

Temporary signs, as set forth in section 54-453.

(34)

Church bulletin boards and identification signs, as set forth in section 54-453.

(35)

Fences, as set forth in section 54-451.

(36)

Cabinetmaker and woodworking shop (with all work under cover).

(37)

Building, hardware, plumbing, electrical, heating and air conditioning services and supply stores.

(38)

Machinery sales and service.

(39)

Retail seafood markets with a conditional use permit.

(40)

Mini-storage warehouses.

(41)

Moving and storage warehouses.

(42)

Firehouses.

(43)

Rescue squads.

(44)

Reserved.

(45)

Antique stores.

(46)

Radio station with a conditional use permit.

(47)

Video sales and rentals.

(48)

Taxi and shuttle service.

(49)

Driver instruction.

(50)

Spa sales and service.

(51)

Exercise studios.

(52)

Printing and newspapers.

(53)

Auction with a conditional use permit.

(54)

Flea market with a conditional use permit.

(55)

Shopping center with a conditional use permit.

(56)

Bed and breakfasts.

(57)

Photo studios.

(58)

Mixed use commercial and residential; the floor space and area applicable to the residential use shall not exceed 50 percent of the structure's total square footage.

(59)

Accredited residential care facility, rehab, skilled care, assisted living facility.

(60)

Yard sales with an administrative permit, not to exceed one yard sale every 90 days per location.

(61)

Single-family homes.

(62)

Commercial stores over the standalone size of 45,000 square feet or more with a conditional use permit.

(63)

Small loan business, with conditional use permit.

(64)

Schools, playgrounds and daycare centers, professional services, and internet and computer services/consultants.

(65)

Veterinarian and animal boarding facility with a conditional use permit.

(66)

Small solar energy systems.

(67)

Large and utility-scale solar energy systems, with conditional use permit.

(Code 1997, § 54-332; Ord. of 6-6-1969, § 2-4-1; Ord. of 3-16-1987, § 2-4-1-36; Ord. of 6-20-1988, §§ 2-4-1-40, 2-4-1-41; Ord. of 7-18-1988, §§ 2-4-1-42, 2-4-1-43; Ord. of 8-21-1989, §§ 2-4-1-44—2-4-1-52; Ord. of 2-18-1991, § 2-4-1-53; Ord. of 3-18-1991, § 2-4-1-54; Ord. of 6-5-1991, § 2-4-1-55; Ord. of 5-15-1995, § 2-4-1-56; Ord. of 7-17-1995, § 2-4-1-57; Ord. of 10-28-1996, § 2-4-1-58; Ord. of 1-19-1998; Ord. of 7-17-2000; Ord. of 7-18-2005; Ord. of 7-16-2006, § 54-332; Ord. of 4-21-2008; Ord. of 6-16-2008; Ord. of 10-17-2016(1))

There are no area requirements in the C-1 district.

(Code 1997, § 54-333; Ord. of 6-6-1969, § 2-4-2; Ord. of 7-16-2006, § 54-333)

Buildings in the C-1 district shall be located 20 feet or more from any street right-of-way, except that signs advertising sale or rent of premises may be erected up to the property line. This shall be known as the setback line.

(Code 1997, § 54-334; Ord. of 6-6-1969, § 2-4-3; Ord. of 7-16-2006, § 54-334)

The minimum side yard shall be ten feet and the minimum rear yard shall be 20 feet.

(Code 1997, § 54-335; Ord. of 6-6-1969, § 2-4-4; Ord. of 7-16-2006, § 54-335)

Buildings in the C-1 district may be erected up to 35 feet in height from grade; except that:

(1)

The public or semipublic building, such as a school, church, library or general hospital may be erected to a height of 60 feet from grade provided that required front, side and rear yards shall be increased one foot for each foot in height over six feet, with a conditional use permit.

(2)

Church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flagpoles, television antennas and radio aerials are exempt. Parapet walls may be up to four feet above the height of the building on which the walls rest.

(3)

No accessory structure within ten feet of any party lot line shall be more than one story high. All accessory structures shall be less than the main structure in height.

(4)

Any buildings erected over 35 feet in height up to 60 feet in height shall require a conditional use permit.

(Code 1997, § 54-336; Ord. of 6-6-1969, § 2-4-5; Ord. of 7-16-2006, § 54-336)

No building may be erected unless the outer walls of such building be of brick, concrete, cinderblock or other masonry material, or of material otherwise approved as to fire resistance under the Virginia Uniform Statewide Building Code.

(Code 1997, § 54-337; Ord. of 6-6-1969, § 2-4-6; Ord. of 1-23-1984, § 2-4-6; Ord. of 7-16-2006, § 54-337)

(a)

The town council finds that:

(1)

While commercial establishments, whether in the form of single establishments or shopping centers, are critical to the continued economic vitality of the town and to the well-being of its citizens, they can also have significant aesthetic, economic, traffic-related and other impacts upon the community;

(2)

Because the viability of commercial establishments depends in large part upon high visibility from public streets and location in busy areas of the town, their building and site design has an especially significant impact upon the character and attractiveness of the town in general and its streetscapes in particular;

(3)

The protections and enhancement of the positive aesthetic qualities of the town, including its commercially developed areas, has a direct and substantial bearing upon its continued economic vitality, especially in light of the town's reliance upon the economic benefits provided by its tourism industry; and

(4)

As noted by the Virginia General Assembly, the visual environment confronted by individuals in their daily routines has a profound effect on personal attitudes and productive capacities.

(b)

It is the intent of the town council in adopting this part to promote commercial development which utilizes high-quality design and building features in such manner as to enhance the functional, as well as aesthetic, attributes thereof, and thereby to protect and enhance the continued positive economic development of the town, its businesses and its citizens.

(Ord. of 7-16-2006, § 54-338)

(a)

The provisions of this division shall apply to the construction of new commercial establishments, including conversions of other uses to commercial use, and to additions or expansions of existing commercial establishments where the gross square footage of floor area thereof is increased by 50 percent or more.

(b)

The requirements of this division shall be in addition to all other applicable ordinances, regulations and requirements, and to the extent that any provision of this division conflicts with any other ordinance, regulations or requirement, the provision of this division shall control; provided, however, that in the event the conditions of a conditional use permit conflict with any of the provisions hereof, such conditions shall control.

(c)

The use of the word "shall" denotes a mandatory requirement. The use of the word "should" denotes a voluntary provision; provided, however, that when any proposed commercial establishment or shopping center requires the approval of the town council, whether by rezoning, conditional zoning or conditional use permit, the town council shall, in determining whether or not to grant such approval, consider the extent to which the proposed commercial establishment or shopping center conforms to the voluntary provisions of this part; and provided further, that high-quality design elements not addressed by the provisions of this division shall be encouraged.

(d)

The planning commission or the zoning administrator are hereby authorized to recommend modifications of the requirement of this division where such modifications:

(1)

Are demonstrably necessary by reason of the unusual shape, size, configuration or other site conditions of the property on which a commercial establishment or shopping center is sought to be located; and

(2)

Do not substantially reduce the overall quality of the proposed development.

(e)

Nothing in this section shall impair the right of any proper party to apply to the board of zoning appeals for a variance from any of the provisions of this division.

(Ord. of 7-16-2006, § 54-339)

The following building design features shall apply to commercial establishments and shopping centers which are subject to the provisions of this division:

(1)

Facades and exterior walls.

a.

Building facades visible from a public street and greater than 150 feet in length, measured horizontally, should incorporate wall plane projections or recesses having a depth of at least three feet;

b.

Building fronts and sides of buildings oriented toward a public street should incorporate features such as arcades, display windows, entry areas, false windows, awnings and similar features adding visual interest;

c.

Facades not facing public streets should incorporate a repeating pattern that includes changes in color, texture and material, each of which should be integral parts of the building and not superficially-applied trim, graphics or paint. At least one of the foregoing elements should repeat horizontally. In addition, the structural or architectural bay pattern of the building should be expressed on the exterior through use of reveals, projecting ribs or offsets at a minimum depth of 12 inches;

d.

Facades not visible from a public street or from a private internal street or way used by the public should be painted a coordinating color to complement the front and side facades; and

e.

In the Steptoe District of the town, characterized by urban-type development, developers are encouraged to reduce the footprint of large commercial establishment through the use of multiple levels.

(2)

Roofs.

a.

Variations in rooflines should be accomplished through the use of overhanging eaves, parapets, pop outs, entrance features or height variations. The front of the building should incorporate at least one three-dimensional feature.

b.

Flat roof and all rooftop equipment such as heating, ventilation, and air conditioning (HVAC) units shall be concealed from typical street level view by the use of parapets or other means. Parapets should feature three-dimensional cornice treatment, rather than two-dimensional superficial treatment.

(3)

Materials and colors.

a.

Exterior building materials for all portions of a building should be of high quality and should exceed the level of quality required by the Virginia Uniform Statewide Building Code. Predominant exterior building materials should include any combination of brick, wood, stone, or tinted and textured concrete masonry.

b.

Smooth-faced concrete block, tilt-up concrete panels, or pre-fabricated steel panels should be used as exterior building materials only if such materials have been incorporated into the overall design of the building and reflect an overall appearance of high quality.

c.

Facade colors for all portions of the building should be of low reflectance and of neutral or earth tone, rather than primary colors. Building trim and accent areas should feature brighter colors, including primary colors.

(4)

Entryways. Entryway design elements and variations shall provide orientation to the building. Buildings shall have clearly defined, highly visible customer entrances, which should incorporate two or more of the following features:

a.

Canopies or porticos;

b.

Overhangs;

c.

Recesses or projections;

d.

Arcades;

e.

Raised corniced parapets over entranceways;

f.

Peaked roof forms;

g.

Arches;

h.

Outdoor patios;

i.

Display windows;

j.

Architectural details such as, tile work or moldings integrated into the building structure and design; or

k.

Integral landscaped areas or places for sitting.

(5)

Outdoor display areas, vending machines and ground level mechanical equipment:

a.

Outdoor lighting fixtures should be coordinated as to style, material and color. Neutral and earth tone colors of lighting fixtures are encouraged. Lighting throughout the site should overlap, creating an even level of illumination through out the parking area. The use of pedestrian level lighting should be used along pedestrian walkways and is strongly encouraged to be identical to the lighting utilized along Main Street in the Steptoe's District. All lighting shall be full cut-off fixtures directed downward and inward toward the building and shall be no higher than 35 feet above grade.

b.

Sodium vapor lights shall not be utilized.

(Ord. of 7-16-2006, § 54-340)

The following site design characteristics shall apply to commercial establishment and shopping centers which are subject to the provisions of this division:

(1)

Shopping center site layout.

a.

Buildings on shopping center outparcels shall be located so as to encourage pedestrian traffic and highlight architectural details of the buildings. No parking shall be permitted on outparcel sites between such building and public streets; provided, however, that on outparcels at the intersection of two streets, the area between such buildings and one of the streets may have one row of parking.

b.

In shopping centers exceeding five acres in size, there shall be no buildings, parking surfaces or other above-ground improvements, except as specified herein, within 30 feet of a public street. The area within such setback shall contain a heavily-landscaped berm having a minimum height of three feet measured from the level of the abutting public street. The planning commission or the zoning administrator may allow a reduction in setback to no less than ten feet, provided that heavy landscaping and other features, such as brick walls, are located so as to reduce the visual impact of the parking lot from the abutting public street.

(2)

Parking.

a.

Vehicular parking areas shall be distributed around at least three sides of commercial buildings in order to reduce the overall scale of the paved parking surface.

b.

Vehicular circulation systems providing access to parking areas shall be designed to reduce the potential for vehicular conflicts to a minimum. Adequate stacking for vehicles shall be provided at the access points from parking areas.

c.

The use of alternative porous pavement finishes is encouraged.

d.

In order to encourage the provision of site amenities, in any commercial establishment or shopping center containing at least 80,000 square feet of commercial space, parking may be reduced to one space for every 250 square feet if pedestrian walkways are provided through the parking area.

e.

For any commercial establishment or shopping center containing at least 80,000 square feet of commercial space, pedestrian walkways shall provide access from the parking area to the primary building in such manner that pedestrians using walkways will be required to traverse the vehicular parking aisle to the minimum extent possible. Such walkways shall be located so that no customer entrance is farther than 100 feet from the nearest walkway. Walkways shall be landscaped and be readily distinguishable from driving aisles where they traverse such aisles through the use of durable, low-maintenance surface materials such as pavers, bricks, scored concrete or similar architectural treatments.

(3)

Building entrances. Where possible, multiple entrances to buildings shall be utilized in order to reduce the walking distance from cars and to facilitate pedestrian and bicycle access from public streets and sidewalks.

(4)

Pedestrian access.

a.

Sidewalks shall be located along public rights-of-way in accordance with the state department of transportation engineering specifications and standards.

b.

Connecting internal pedestrian walkways, no less than five feet in width, shall be provided from the public sidewalk or right-of-way to the principal customer entrance of all anchor tenant buildings on the site. Outparcels shall be connected to each other, to the main shopping center and to the public sidewalk system by pedestrian walkways. In addition, walkways shall connect focal points of pedestrian activity such as, but not limited to, transit stops, street crossings, building and store entry points, and parking areas. The walkways should feature ground cover or similar materials to enhance the appearance of the walkway areas. Clear sight lines allowing for good natural surveillance and adequate lighting shall be incorporated. Landscaping along the walkways shall be maintained at no more than three feet in height or limbed up to at least seven feet in order to avoid visibility obstructions.

c.

Entrances shall include weather protection features such as awnings or arcades having a width at least double that of the doorways over which they are located.

d.

All internal pedestrian walkways shall be distinguished from driving surfaces through the use of durable, low-maintenance surface materials such as pavers, bricks, scored concrete or other architectural treatments to enhance pedestrian safety and comfort.

e.

Provision of bicycle racks is encouraged. Bicycle racks shall be in a well-lighted area and placed in a location visible from the entrance and parking area.

(5)

Central features and community spaces.

a.

Shopping centers and commercial establishments shall offer attractive and inviting pedestrian scale features, spaces and amenities. If served by mass transit, transit stops and drop-off/pick-up points shall be integrated into the site so as to provide a high degree of convenience and efficiency. Pedestrian ways should be anchored by special design features such as towers, arcades, porticos, pedestrian light fixtures, planter walls or other architectural elements that define circulation ways and outdoor spaces.

b.

Commercial establishments containing 80,000 square feet or more of gross square footage and shopping centers containing five acres or more of land area shall provide at least two of the following features:

1.

Patio/seating area;

2.

Pedestrian plaza with benches;

3.

Window shopping walkway;

4.

Outdoor playground area;

5.

Kiosk area;

6.

Water feature or stormwater management facility with amenities such as fountains, benches, walking trails, pedestrian furniture or lighting;

7.

Clock tower;

8.

Outdoor sculpture; or

9.

Any other focal feature or amenity which, in the judgment of the planning commission or zoning administrator, provides an equivalent benefit.

All such features and community spaces shall connect to internal or public walkways and, if present, to the bikeway network, and shall be constructed of materials of at least equal quality to that of the principal materials of the building and landscape.

(Ord. of 7-16-2006, § 54-341)

The following provisions shall be in addition to all other town landscaping provisions:

(1)

Any loading dock within view of a residential, office or apartment zoning district or a public street shall be screened by a landscaped berm or a solid wall with landscaping on the outside.

(2)

Sites with existing trees and vegetation along street frontage should, where desirable, retain such features and integrate them in the landscape plan for the site.

(3)

To the greatest extent possible, no less than 25 percent of trees shall be evergreen species.

(4)

To the greatest extent possible, planting pits shall be backfilled with 36 inches of topsoil to provide the most conducive growing environment for new landscape planting.

(5)

To the greatest extent possible, landscape islands shall be designed so that shrubs and trees are located on the edges of the island.

(Ord. of 7-16-2006, § 54-342)

(a)

On-site stormwater management ponds in a prominent location should be attractively-landscaped amenities. Wetlands benching, fountains, and the incorporation of walking trails and pedestrian benches around the perimeter of the ponds are encouraged. Lighting of such areas for purposes of enhancing safety is also encouraged.

(b)

The use of fencing to enclose stormwater management ponds is required.

(c)

Where feasible, stormwater management systems shall utilize existing regional stormwater management facilities.

(d)

Marshlike wetlands are strongly encouraged, where feasible.

(Ord. of 7-16-2006, § 54-343)

(a)

The style, size, color, and material of all signs on a shopping center should be coordinated to include signs for any outparcel development, on-site directional signs, and signs to be located on buildings. Colors and materials should be similar to those used on the primary building. Signs should be primarily of neutral or earth-tone colors, and primary colors should be limited to accents.

(b)

Notwithstanding any other contrary regulation, a minimum of 75 square feet of shrubbery, flower beds, trees or other plants, consisting of at least 50 percent evergreens, shall be required at the base of freestanding signs identifying shopping centers.

(c)

As an alternative to the signs allowed pursuant to the applicable zoning district regulations, buildings having facades greater than 200 feet in length may have one identification sign no larger than one square foot in size for every linear foot of facade, to a maximum of 300 square feet, on the facade of the building having the greatest length; provided that no more than three other directional or informational signs are placed on the building. Directional or informational signs shall not exceed 1½ feet in height and shall be limited in combined area to ten percent of the area of the building facade sign.

(d)

The foregoing modifications to division 5 of this article shall not apply to any use:

(1)

Established as of the date of approval of such modifications by the council of the town, as the effective date;

(2)

For which one or more permits or approvals have been issued by the town, as of the effective date; or

(3)

For which an application for issuance of one or more permits or approvals is pending, as of the effective date.

(Ord. of 7-16-2006, § 54-344)

(a)

The limited commercial C-2 district encompasses a business district that will be compatible with the transition between general commercial areas and the nearby residential areas. Traffic and parking congestion is to be held to a minimum to protect and preserve property values.

(b)

All regulations in this section are subject to article IV of this chapter, pertaining to supplementary district regulations, and article V of this chapter, pertaining to the Chesapeake Bay Preservation Overlay District. Supplementary district regulations include but are not limited to minimum off-street parking, fences, visual obstructions, signs and temporary trailer parks.

(Code 1997, § 54-361; Ord. of 6-6-1969, art. 2-5; Ord. of 7-18-2005)

In the limited commercial district C-2, structures to be erected or land to be used shall be for one or more of the following uses:

(1)

Florist shops.

(2)

Barbershops and beauty shops.

(3)

Banks.

(4)

Office buildings.

(5)

Libraries.

(6)

Hospitals.

(7)

Professional offices, except veterinary.

(8)

Funeral homes and mortuaries.

(9)

Post offices.

(10)

Drugstores, limited to 2,500 square feet.

(11)

Home occupations, conducted by occupant.

(12)

Bakeries and catering.

(13)

Micro-brewery and micro-distillery with a retail or restaurant component (with conditional use permit).

(14)

Off-street parking.

(15)

Public billiard parlors and pool rooms, bowling alleys, dance halls, and similar forms of public amusement only after a public hearing shall have been held by the town council on an application submitted to the body for such use. The town council may request that the zoning commission submit a recommendation to them concerning such use applications. In approving any such applications, the town council may establish such special requirements and regulations for the protection of adjacent property, set the hours of operation, and make requirements as they may deem necessary in the public interest before granting approval to the application.

(16)

Business signs, as set forth in section 54-454.

(17)

Temporary signs, as set forth in section 54-453.

(18)

Church bulletin boards and identification signs, as set forth in section 54-453.

(19)

Fences, as set forth in section 54-451.

(20)

Rescue squads.

(21)

Bed and breakfasts.

(22)

Mixed use commercial and residential; the floor space and area applicable to the residential use shall not exceed 50 percent of the structure's total square footage.

(23)

Accredited residential care facility, rehab, skilled care, assisted living facility.

(24)

Yard sales with an administrative permit, not to exceed one yard sale every 90 days per location.

(25)

Schools, playgrounds and daycare centers, professional services, and internet and computer services consultants.

(26)

Small solar energy systems.

(27)

Large and utility-scale solar energy systems, with conditional use permit.

(28)

Tourist homes, boardinghouses, roominghouses.

(Code 1997, § 54-362; Ord. of 6-6-1969, § 2-5-1; Ord. of 12-17-1984, § 2-5-1-12; Ord. of 7-18-1988, § 2-5-1-20; Ord. of 5-15-1995, § 2-5-1-21; Ord. of 10-28-1996, § 2-5-1-22; Ord. of 1-19-1998; Ord. of 7-17-2000; Ord. of 6-16-2008, § 54-362; Ord. of 10-17-2016(1); Ord. of 4-17-2017(1))

There are no area requirements in the C-2 district.

(Code 1997, § 54-363; Ord. of 6-6-1969, § 2-5-2)

Buildings in the C-2 district shall be located five feet or more from any street right-of-way 50 feet in width, except that signs advertising sale or rental of premises may be erected up to the property line. This shall be known as the setback line.

(Code 1997, § 54-364; Ord. of 6-6-1969, § 2-5-3)

There are no frontage and yard requirements in the C-2 district; except that should the property be adjacent to a residential district, the minimum side yard shall be ten feet and the minimum rear yard shall be 20 feet.

(Code 1997, § 54-365; Ord. of 6-6-1969, § 2-5-4)

Buildings in the C-2 district may be erected up to 35 feet in height from grade; except that:

(1)

A public or semipublic building, such as a library, general hospital or post office may be erected to a height of 60 feet from grade provided that required front, side and rear yards shall be increased one foot for each foot in height over 35 feet.

(2)

Belfries, cupolas, monuments, water towers, chimneys, flues, flagpoles, television antennas and radio aerials are exempt. Parapet walls may be up to four feet above the height of the building on which the walls rest.

(3)

No accessory structure within ten feet of any party lot line shall be more than one story high. All accessory structures shall be less than the main structure in height.

(Code 1997, § 54-366; Ord. of 6-6-1969, § 2-5-5; Ord. of 5-21-1979, § 2-5-5)

No building may be erected unless the outer walls of such building be of brick, concrete, cinder block or other masonry material, or of material otherwise approved as to fire resistance under the Virginia Uniform Statewide Building Code.

(Code 1997, § 54-367; Ord. of 6-6-1969, § 2-5-6; Ord. of 1-23-1984, § 2-5-6)

(a)

The agricultural A-1 district covers portions of the town occupied by various open uses, such as forests, parks or farms. This district is established for the specific purpose of providing for safe and orderly development, facilitating existing and future farming operations, conservation of water and other natural resources, reducing soil erosion, protecting watersheds, and reducing hazards from flood and fire. To ensure the success of the above goals, it is necessary to maintain as low a density of development as possible. The character of this district should remain agricultural in nature, with commercial activities strictly limited.

(b)

All regulations in this section are subject to article IV of this chapter, pertaining to supplementary district regulations, and article V of this chapter, pertaining to the Chesapeake Bay Preservation Overlay District. Supplementary district regulations include but are not limited to minimum off-street parking, fences, visual obstructions, signs and temporary trailer parks.

(Code 1997, § 54-391; Ord. of 6-6-1969, art. 2-6; Ord. of 7-18-2005)

In the agricultural district A-1, structures to be erected or land to be used, shall be for one or more of the following uses:

(1)

Single-family dwellings.

(2)

Two-family dwellings.

(3)

General farming, agriculture, dairying, and forestry.

(4)

Schools, churches, parks and playgrounds.

(5)

Preserves and conservation areas.

(6)

Horticultural nurseries and greenhouses with garden supplies.

(7)

Areas of basic finfish and shellfish processing activities, such as, oyster-shucking houses, crab houses, and the like, with a conditional use permit.

(8)

Home occupations, as defined in section 54-2.

(9)

Public utility generating, booster or relay stations, transformer substations, transmission lines and towers, pipes, meters and other facilities for the provision and maintenance of public utilities, including water and sewerage installations and refuse disposal.

(10)

Off-street parking as required by this chapter.

(11)

Accessory uses, as defined in section 54-2.

(12)

Golf courses.

(13)

Storage, buying, and selling of fertilizer, farm chemicals, and grains with a conditional use permit.

(14)

Roadside stand, with a conditional use permit.

(15)

Post office.

(16)

Yard sales with an administrative permit, not to exceed one yard sale every 90 days per location.

(17)

Farm brewery, as defined by limited brewery in Code of Virginia §4.1-208.

(18)

Small solar energy system.

(19)

Large and utility-scale solar energy system, with conditional use permit.

(Code 1997, § 54-392; Ord. of 6-6-1969, § 2-6-1; Ord. of 7-17-2000; Ord. of 10-17-2016(1))

(a)

For lots in the A-1 district containing or intended to contain a single permitted use, the minimum lot area shall be 33,000 square feet. The administrator, upon the recommendation of the health official and approval of the town council, may require a larger area.

(b)

For lots containing or intending to contain a two-family dwelling, the minimum lot area shall be 35,000 square feet.

(c)

For permitted uses utilizing individual sewage disposal systems, the required area for any such use shall be approved by the health official. The administrator, with the approval of the town council, may require a greater area if considered necessary by the health official.

(Code 1997, § 54-393; Ord. of 6-6-1969, § 2-6-2)

Structures in the A-1 district shall be located 75 feet or more from the centerline of any street or road right-of-way but in no event less than 50 feet from the edge of the right-of-way. This shall be known as the setback line.

(Code 1997, § 54-394; Ord. of 6-6-1969, § 2-6-3)

The minimum lot width for permitted uses in the A-1 district shall be 150 feet at the setback line.

(Code 1997, § 54-395; Ord. of 6-6-1969, § 2-6-4)

(a)

Side yard. The minimum side yard for each main structure in the A-1 district shall be 25 feet and the total width of the two required side yards shall be 50 feet or more.

(b)

Rear yard. Each main structure shall have a rear yard of 50 feet or more.

(Code 1997, § 54-396; Ord. of 6-6-1969, § 2-6-5)

(a)

Buildings in the A-1 district may be erected up to three stories, 35 feet in height from grade.

(b)

A public or semipublic building, such as, a school, church or library may be erected to a height of 60 feet from grade provided that required front, side and rear yards shall be increased one foot for each foot in height over 35 feet.

(c)

Church spires, belfries, cupolas, municipal water towers, chimneys, flues, flagpoles, television antennas and radio aerials are exempt. Parapet walls may be up to four feet above the height of the buildings on which the walls rest.

(d)

Accessory buildings over one story in height shall be at least ten feet from any lot line. All accessory buildings shall be less than the main building in height.

(Code 1997, § 54-397; Ord. of 6-6-1969, § 2-6-6)

Signs in the A-1 district shall be those as permitted in the residential district pursuant to section 54-453.

(Code 1997, § 54-398; Ord. of 6-6-1969, § 2-6-7)

(a)

The primary purpose of the M-1 industrial district is to permit certain industries that do not in any way detract from residential desirability to locate in any area adjacent to residential uses. The limitations on or provisions relating to height of building, horsepower, heating, flammable liquids or explosives, controlling emissions of fumes, landscaping, and the number of persons employed are imposed and foster adjacent residential desirability while permitting industries to locate near a labor supply.

(b)

All regulations in this section are subject to article IV of this chapter, pertaining to supplementary district regulations, and article V of this chapter, pertaining to the Chesapeake Bay Preservation Overlay District. Supplementary district regulations include but are not limited to minimum off-street parking, fences, visual obstructions, signs and temporary trailer parks.

(Code 1997, § 54-421; Ord. of 6-6-1969, art. 2-7; Ord. of 7-18-2005)

In industrial districts M-1 any structures to be erected or land to be used shall be for one or more of the following uses:

(1)

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.

(2)

Automobile assembling, painting, upholstering, repairing, rebuilding, reconditioning, bodywork and fender work, truck repairing or overhauling.

(3)

Blacksmith shop, welding or machine shop.

(4)

Laboratories, pharmaceutical and/or medical, with a conditional use permit.

(5)

Manufacture, compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries, food and seafood products with a conditional use permit.

(6)

Manufacturing, compounding, assembling or treatment of articles of merchandise from the following previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastic, precious or semiprecious metals or stones, shell, straw, textiles, tobacco, wood, yard and paint.

(7)

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

(8)

Manufacture of musical instruments, toys, novelties, and rubber and metal stamps.

(9)

Building material sales yards, plumbing supplies.

(10)

Coal and wood yards, lumberyards, feed and seed stores.

(11)

Contractors' equipment storage yards or plants, or rental of equipment commonly used by contractors.

(12)

Cabinet, furniture and upholstery shops.

(13)

Boat building and repair.

(14)

Boat and accessory sales, boat storage, engine and boat repairs.

(15)

Monumental stone works.

(16)

Veterinary or dog or cat hospital and/or kennels, with a conditional use permit.

(17)

Truck terminals.

(18)

Airports and airstrips, with a conditional use permit.

(19)

Wholesale businesses, storage warehouses.

(20)

Off-street parking, as defined in section 54-2.

(21)

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 sewer lines.

(22)

Petroleum storage, with a conditional use permit.

(23)

Finfish and shellfish processing with a conditional use permit.

(24)

Computer hardware, software, or telecommunications manufacture, sales, application, licensing or services.

(25)

Retail sale, wholesale, lease or licensing of goods or services directly to a user, manufacturer, distributor, retailer or customer using computers or telecommunications.

(26)

Manufacture or processing of goods using technology transferred from a state or private university, government, or government contractor.

(27)

Call centers.

(28)

Yard sales with an administrative permit, not to exceed one yard sale every 90 days per location.

(29)

Brewery and distillery.

(30)

Small, large, and utility-scale solar energy system.

(Code 1997, § 54-422; Ord. of 6-6-1969, § 2-7-1; Ord. of 10-25-1999; Ord. of 7-17-2000; Ord. of 10-17-2016(1))

(a)

Before a building permit shall be issued or construction commenced on any permitting use in the M-1 industrial district, or a permit issued for a new use, the plans, in sufficient detail to show the operations and processes, shall be submitted to the zoning administrator for study. The administrator shall refer these plans to the planning commission for a recommendation to the town council. The planning commission and the town council, or either of them, shall make recommendations within 60 days after the application is filed. If formal notice in writing is given to the applicant, the time for action may be extended for a 60-day period. Failure on the part of the administrator to act on the application within the established time limit shall be deemed to constitute approval of the application. Modifications of the plans may be required by the planning commission or administrator.

(b)

Permitted uses shall be conducted wholly within a completely enclosed building or within an area enclosed on all sides by a solid masonry wall, uniformly painted solid fence or evergreen hedge six feet in height. Public utilities and signs requiring natural air circulation, unobstructed view, or other technical consideration necessary for proper operation may be exempt from this provision. This exception does not include storing of any material.

(c)

Landscaping may be required within any established or required front setback area. The plans and execution must take into consideration traffic hazards. Landscaping may be permitted up to a height of three feet and to within 50 feet from the corner of any intersecting streets.

(d)

Sufficient area shall be provided to adequately screen permitted uses from adjacent business and residential districts and for off-street parking of vehicles incidental to the industry, its employees and clients.

(Code 1997, § 54-423; Ord. of 6-6-1969, § 2-7-2)

For permitted uses in the M-1 industrial district utilizing individual sewage disposal system, the required area for any such use shall be approved by the health official.

(Code 1997, § 54-424; Ord. of 6-6-1969, § 2-7-3)

Buildings in the M-1 industrial district shall be located 100 feet or more from the centerline of any street or road right-of-way but in no event less than 75 feet from the edge of the right-of-way. This shall be known as the setback line. Signs advertising sale or rent of premises may be erected up to the property line.

(Code 1997, § 54-425; Ord. of 6-6-1969, § 2-7-4)

For permitted uses in the M-1 industrial district, the minimum side and rear yards adjoining or adjacent to a residential district shall be 100 feet. The minimum side and rear yards abutting all other districts shall be 25 feet. Off-street parking shall be in accordance with the provisions of section 54-448.

(Code 1997, § 54-426; Ord. of 6-6-1969, § 2-7-5)

Buildings in the M-1 industrial district may be erected up to a height of 35 feet. For buildings over 35 feet in height, approval shall be obtained from the zoning administrator and the town council. Chimneys, flues, cooling towers, flag poles, radio or communication towers or their accessory facilities not normally occupied by workmen are excluded from this limitation. Parapet walls are permitted up to four feet above the limited height of the building on which the roof rests.

(Code 1997, § 54-427; Ord. of 6-6-1969, § 2-7-6)

Buildings or groups of buildings, with their accessory buildings in the M-1 industrial district, may cover up to 70 percent of the area of the lot.

(Code 1997, § 54-428; Ord. of 6-6-1969, § 2-7-7)

All signs permitted in any other district of the town shall be permitted in the industrial district M-1.

(Code 1997, § 54-429; Ord. of 6-6-1969, § 2-7-8)