(a)

If in any district established under this chapter, a use is not specifically permitted and an application is made by a property owner to the zoning administrator for such use, the administrator shall refer the application to the planning commission. The planning commission shall make its recommendations to the town council within 60 days as to whether to amend this chapter to allow the unrestricted use in that district; to amend this chapter to allow the use with a conditional use permit; to amend this chapter by rezoning the district and thereby allow the use; or to deny the use in that district. The planning commission may hold a separate public hearing or a joint public hearing, as provided by law, with the town council.

(b)

If after 60 days no public hearing has been set or no recommendation has been made, the town council may assume that the planning commission concurs with the applicant.

(Code 1997, § 54-446; Ord. of 6-6-1969, § 4-4; Ord. of 1-18-1988, § 4-4; Ord. of 6-5-1991, § 4-4)

Whenever there shall be plans in existence, approved by either the state department of highways or by the town council for the widening of any street or highway, the zoning commission may recommend additional front yard setback for any new construction or for any structures altered or remodeled adjacent to the future planned right-of-way for such proposed street or highway widening.

(Code 1997, § 54-447; Ord. of 6-6-1969, § 4-5)

(a)

There shall be provided at the time of erection of any main building or at the time any main building is enlarged, minimum off-street parking space with adequate provisions for entrance and exit by standard sized automobiles. Two hundred square feet (ten feet by 20 feet) of lot or floor area shall be deemed parking space for one vehicle. All parking spaces and access driveways shall be covered with an all-weather surface and shall be graded and drained to dispose of surface water. However, no surface water from any parking area shall be permitted to drain onto adjoining property.

(b)

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

(c)

There shall be provided at the time of the erection of any principal building or structure or at the time that any principal building or structure is altered, enlarged or increased in size, not less than the parking space in the amounts stated in this section. The minimum off-street parking space required may be reduced when the capacity and use of a particular building is changed in such a manner that the new use or capacity would require less space than before the change.

(d)

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

(e)

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

(f)

In all residential districts, there shall be provided, either in a private garage or on the lot, space for the parking of one automobile for each dwelling unit in a new building, or each dwelling unit added in the case of the enlargement of an existing building. Off-street parking for residences in multiple-family dwellings or townhouses shall be provided at two spaces per dwelling unit.

(g)

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

(h)

For church and school auditoriums, and for theaters, general auditoriums, stadiums and other similar places of assembly, there shall be provided at least one off-street parking space for every four fixed seats, based on the maximum seating capacity in the main place of assembly for the building. For assembly halls without fixed seats, there shall be provided one parking space for each 100 square feet of usable floor area. For schools, there shall be provided one parking space for each teacher, employee or administrator in addition to the requirements of the auditorium. Parking space already provided to meet off-street parking requirements for stores, office buildings, and industrial establishments lying within 300 feet of the place of public assembly as measured along lines of public access, and which are not more than 75 percent of the off-street parking requirements of a church or similar place of public assembly.

(i)

For hospitals, there shall be provided at least one parking space for each two beds based on the maximum capacity in terms of beds, including those of infants and children.

(j)

For medical and dental clinics, there shall be provided at least one parking space for each 200 square feet of floor area.

(k)

For mortuaries and retail stores selling directly to the public, there shall be provided one parking space for each 200 square feet of retail floor space in the building.

(l)

For office buildings, offices of professional and personal services establishments, there shall be provided one parking space for each 200 square feet of floor space occupied by the office or personal service.

(m)

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

(n)

Any commercial building not listed above and erected, converted or structurally altered shall provide one parking space for each 100 square feet of business floor space in the building.

(o)

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

(p)

The off-street parking requirements set forth in subsections (g) through (n) of this section may be modified by the zoning administrator when it is clear that sufficient land is not available or cannot be obtained to meet the requirements set forth, and when in the opinion of the administrator there is substantial evidence that to deny the application would work a demonstrable hardship on the applicant and where modification of the requirements would appear to be in the public interest.

(Code 1997, § 54-448; Ord. of 6-6-1969, § 4-6)

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

(Code 1997, § 54-449; Ord. of 6-6-1969, § 4-7)

(a)

The council upon recommendation from the planning commission may place certain restrictions on automobile service stations in the C-1 and M-1 zones, in addition to the regulations of those zones, based on the effect of such proposed buildings and use upon the character of the neighborhood, traffic conditions, public utility facilities, and other matters pertaining to the public health, safety, and general welfare.

(b)

All appliances for dispensing gasoline installed outside of enclosed buildings shall be located not less than 14 feet from the street line; and all such appliances shall be installed and maintained in such location as to prevent any part of vehicles being serviced from standing on the street, alley or sidewalk.

(Code 1997, § 54-450; Ord. of 6-6-1969, § 4-8)

(a)

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

(b)

Fences shall not exceed a height of six feet, as measured from the topmost point thereof to the ground or surface, along the centerline of the fence, in a commercial or residential zone, except that fences may be permitted to a height above six feet with a conditional use permit.

(c)

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

(d)

Fences in residential zones shall be erected behind the front yard setback.

(e)

Fences must be one or more feet off of perimeter lot lines. They may be built on or near perimeter lot lines only when the application is jointly filed with the adjacent property owner.

(f)

There shall be no barbed wire or electric fences.

(Code 1997, § 54-451; Ord. of 6-6-1969, § 4-9; Ord. of 6-20-1988, § 4-9-2; Ord. of 7-18-2005; Ord. of 12-19-2006, § 54-451)

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

(Code 1997, § 54-452; Ord. of 6-6-1969, § 4-10; Ord. of 12-19-2006, § 54-452)

(a)

Generally. In any residential district, the signs in this section shall be permitted when the main use itself is permitted.

(b)

Home occupation signs. One home occupation sign, not exceeding two square feet in area, is permitted for the purpose of indicating a home occupation, when erected behind the front yard setback or displayed on the property upon which a private dwelling is located and bearing only the name and/or home occupations of an occupant of such dwelling.

(c)

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

(d)

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

(e)

Subdivision signs. Monument signs are encouraged. Subdivision signs, not exceeding 24 square feet in area, are permitted for the purpose of advertising or identifying a housing development or subdivision, when erected or displayed on the property so advertised or identified at least ten feet from the right-of-way; provided only one such sign shall be erected or displayed facing any one street on the perimeter of such development or subdivision, said signs shall be no taller than five feet in height. If a pole sign is used, the square footage of the sign shall be no more than eight square feet in surface area and not taller than eight feet tall.

(f)

Temporary signs.

(1)

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

(2)

Signs, not exceeding a total sign area of 12 square feet, are permitted for the purpose of advertising the sale, lease or future use of real estate, when erected or displayed on the property so advertised, however, the signs are to be set back at least five feet from the right-of-way.

(Code 1997, § 54-453; Ord. of 6-6-1969, § 4-11; Ord. of 7-16-2007(2), § 54-453)

(a)

In the commercial district, the following signs shall be permitted, in addition to the signs permitted in subsection (b) of this section:

(1)

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

(2)

Signs advertising only the general business conducted within the premises upon which such signs are erected or displayed. Therefore, as the sign face or business changes, or is altered, a revised or new sign permit is required.

(3)

Real estate and contractor's signs, as specified in section 54-453(f).

(b)

Signs permitted within a commercial district shall be erected or displayed only on such walls of a building facing a street, alley or parking area, or as roof signs or freestanding signs upon the lot, subject to the following provisions as to size and location and not to exceed a total of 200 square feet for all signs of any business:

(1)

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

(2)

First floor businesses in multistory buildings. The total area of all signs facing a street alley or parking area shall not exceed two square feet for each foot of building width facing such street, alley, or parking area; provided that all such signs shall be kept within a height of 15 feet above the sidewalk.

(3)

Upper stories of multistory buildings containing one or more businesses above the first floor. The total area of all signs facing a street, alley, or parking area on any wall above the 15-foot height, specified in subsection (b)(2) of this section, shall not exceed 40 square feet or 1/40 of the area of that wall above such 15-foot height, whichever is greater.

(4)

Multistory building occupied by one business only. Where entire buildings over one story in height are occupied by one business, a total sign area of 100 square feet facing any street, alley, or parking area, or of 1/40 of the wall area facing such street, alley, or paring area, whichever is greater, may be substituted for the allowable sign area specified in subsection (b)(2) and (3) of this section. In such case, the sign may be located without regard to the 15-foot height provisions contained in subsection (b)(2) of this section.

(5)

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

(6)

Projection and height of signs. A sign may be erected or displayed flat against a wall or at an angle thereto, but no sign shall project beyond the established setback line; provided that if any sign placed on the established setback line places it in an unfavorable position with respect to other signs in the area, the zoning administrator may permit such projection beyond the setback line as will not be contrary to the public interest, and shall direct the location of the sign. The bottom of a sign, the area of which exceeds six square feet, erected flat against a wall shall not be less than eight feet above the sidewalk, alley, or parking area. The bottom of a sign projecting from a wall shall not be less than ten feet above a walkway or parking area, nor less than 14 feet above any alley.

(7)

Roof signs. Roof signs not exceeding a total area of 100 square feet may be erected or displayed in the C-1 commercial district only; provided that the area of any roof sign shall be included in the total area of signs permitted by this section and shall not be in addition thereto. No roof sign shall project beyond the property line nor extend more than ten feet above the roof level at the point where it is erected.

(8)

Freestanding signs. Freestanding signs upon a lot may be erected or displayed only where drive-in service or parking is provided, leaving a distance between the building and a side lot line of 25 feet or more, or where a building is set back 25 feet or more from the front lot line; provided not more than one such freestanding sign shall be permitted for any building having a street frontage with such drive-in service area, parking area, or building setback. No signs other than those indicated on the sign application shall be attached to a freestanding sign. However, for a building with multiple businesses therein or a business townhouse complex or a business condominium complex, the freestanding sign allotment shall be combined into one sign identifying each businesses on the one freestanding sign. This multiple business freestanding sign shall not exceed 50 square feet. Freestanding signs shall not be erected more than ten feet above grade, nor project beyond the established setback line, and shall not exceed 50 square feet in area. Where signs are erected as freestanding signs upon the lot, the total area of all signs permitted by this section shall be two square feet for each foot of lot frontage; provided that signs erected or displayed on any building on such lot shall conform to the other subsections of this section.

(9)

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

(10)

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

(11)

Directional signs. Signs providing directions to a business shall be permitted in the commercial district subject to the following provisions as to size and location:

a.

The location of a sign must be approved by the landowner on which the sign is to be located in writing.

b.

There shall be no more than four-directional signs in the town for any such business.

c.

The sign shall be no larger than eight square feet in total area.

d.

The sign shall be no closer to any property line than five feet and no taller than four feet tall.

e.

The sign shall contain no more information other than the business name, location, address and a directional arrow.

f.

The location, size, wording and design of the sign shall be subject to review by the town zoning administrator upon application for a zoning permit.

g.

There shall be one directional sign on any particular parcel of land.

h.

The sign shall only pertain to businesses within the town limits.

(12)

Animated signs are prohibited in all districts.

(13)

Electronic message signs. Electronic message signs within the commercial district shall conform to the following regulations:

a.

There shall be allowed no more than one electronic message sign per business.

b.

The sign shall not change message more than once every five seconds.

c.

The sign shall not project beyond the established setback line.

d.

The sign shall not exceed 24 square feet in area.

e.

The sign shall not exceed a height of ten feet above grade.

f.

The sign shall not be located, arranged, designed, or illuminated to imply the need or requirement of stopping, caution, existence of danger, or which is a copy or imitation of or which for any reason is likely to be confused with any sign displayed or authorized by a public authority. Electronic message signs shall meet requirements of the Virginia Department of Transportation.

(14)

Signs illuminated. No sign shall be illuminated in such a manner that directs lighting upon a public street, highway, sidewalk, or adjacent premises as to cause glare or reflection that may constitute a traffic hazard or nuisance.

(Code 1997, § 54-454; Ord. of 6-6-1969, § 4-12; Ord. of 5-16-1977, § 4-12-6; Ord. of 9-21-1998; Ord. of 7-16-2007(2), § 54-454; Ord. of 10-17-2011(3))

Billboards and general advertising signs are prohibited in all zones.

(Code 1997, § 54-455; Ord. of 6-6-1969, § 4-13)

(a)

Zoning permits for temporary trailer parks may be issued by the zoning administrator, subject to the following conditions:

(1)

That the location of a temporary trailer park is necessary for the housing of construction workers employed on an industrial or highway construction project.

(2)

That the request is filed by or certified to by the industry or state highway department as being essential to the construction.

(3)

That the minimum area of 2,000 square feet be provided for each space.

(4)

That sanitary facilities conform to the state health department's trailer camp sanitation requirements.

(5)

That the period for operating such temporary park shall concur with the anticipated period of the construction. Application for renewal may be submitted if more time is required to complete the project. However, such renewal applications must be filed at least 30 days prior to the expiration of the original temporary use permit.

(b)

The town council, in granting such a zoning permit, may require the posting of a bond to assure that the temporary trailer court will be removed and the site left in good order at the expiration of the permit.

(c)

The town council shall establish such additional requirements as are in the best interest of the public.

(Code 1997, § 54-456; Ord. of 6-6-1969, § 4-14)

(a)

No trailers or houses on wheels, whether used for living quarters or business, shall be built, erected, or placed for use in any part of the town.

(b)

Trailers or houses on wheels are defined as mobile units ordinarily assembled and structurally ready for occupancy prior to leaving a manufacturing site, including steel beam or similar undercarriage with tires, wheels and axles as manufactured for transportation over highways.

(c)

Removal of the tires, wheels and axles and placement of the mobile unit on a foundation does not alter the character of the trailer or house on wheels as defined and prohibited by this section.

(d)

Notwithstanding the foregoing provisions of this section, the council may permit such trailers or houses on wheels to be used as follows:

(1)

As the temporary location of a business during the construction or reconstruction of a building being erected on the site for the permanent location of the business. The council may place reasonable restrictions upon such use, including a limitation of the time such temporary use may be permitted.

(2)

As a storage area for the recycling of aluminum. Any permit issued for such use shall be limited to a six-month period, which may be renewed by the council.

(Code 1997, § 54-457; Ord. of 6-6-1969, § 7-4-2; Ord. of 9-28-1987, § 7-4-2(c); Ord. of 1-18-1988, § 7-4-2(c))