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Lovettsville City Zoning Code

ARTICLE 42

VII COMMERCIAL AND LIGHT INDUSTRIAL ZONING DISTRICTS

Sec 42-257 Purpose; Specific Requirements For All Commercial Uses

Commercial, industrial, and certain residential zoning districts are established to accommodate a variety of commercial, industrial and service-related activities within specific areas of the town. All commercial and industrial uses shall be subject to the following standards:

  1. Lighting requirements:
    1. Canopy or roof fascia of any size or dimension shall not be internally lighted.
    2. All site lighting, if any, shall utilize fully shielded cutoff fixtures and be designed and focused to prohibit glare onto adjacent properties.
    3. Exterior lighting will have a color temperature of 3000 Kelvin or less.
    4. Exterior lighting measured at adjoining residential properties shall not exceed 0.10 foot-candles above ambient light at the property line and shall not exceed 0.25 foot-candles above ambient light measured at the property line of other adjoining lots and road rights-of-way.
    5. All exterior lighting will be extinguished after business hours with the exception of security lighting.
    6. Security lighting facing a residentially zoned lot shall be motion activated at a distance not exceeding the nearest property line. Such lights should remain on for not more than 10 minutes after motion ceases.
    7. All applications that propose outdoor lighting must submit a photometric plan to document compliance with these requirements.
  2. Hours of operation. Any business located within 100 feet of the nearest property line of a residential use located within a residential district shall close to the public not later than 11:00 p.m. each day and shall not reopen earlier than 7:00 a.m. the following day. All businesses located within the town limits shall close to the public not later than 12:00 midnight and shall not reopen earlier than 6:00 a.m. the following day.
    1. Hours of operation may be extended by the Town Council with a conditional use permit. Such application shall specifically justify the need for the modification to the satisfaction of the Town Council.
  3. All business and commercial uses located in commercial and industrial zoning districts must meet the following requirements:
    1. All deliveries shall only occur during permitted public business hours.
    2. All outdoor business-related activities shall only occur during permitted public business hours.
    3. All business activity that is audible at the property line shall only occur during permitted public business hours.
    4. Refuse and dumpster collection shall only occur between 7:00 a.m. and 7:00 p.m. Monday through Friday and between 9:00 a.m. and 7:00 p.m. Saturday and Sunday.
  4. Outdoor storage. All exterior storage areas of goods and materials within commercial and industrial zoning districts, where permitted, shall meet the following minimum standards, provided that such standards shall not apply to outdoor displays of goods offered for retail sale or wholesale on the premises which are subject to subsection (4) below:
    1. Exterior storage areas shall not be permitted within any front yard. Any exterior storage area located in a side or rear yard shall be screened by an opaque fence not less than six and not greater than eight feet in height. All exterior storage areas shall be limited to only those areas designated for outdoor storage on a concept plan approved as part of a rezoning or conditional use permit application, or on the approved site plan.
    2. Exterior storage areas may be located in a required side or rear yard provided such areas shall be set back at least ten feet from the side and rear property lines, and provided further that outdoor storage areas shall not be located in required off-street parking or loading areas, fire lanes, vehicle and pedestrian travel ways, drive aisles and sidewalks.
    3. Exterior storage areas shall not include the storage of waste materials.
    4. No exterior storage area or its associated fence shall be located within a required buffer yard, provided that a Type A landscape buffer may be provided adjacent to an exterior storage area in accordance with the landscaping requirements contained in article X of this chapter.
    5. Any exterior storage area which exceeds 25 percent of the total area of the lot shall require approval of a conditional use permit in accordance with article II of this chapter.
  5. Accessory outdoor display and seating. Outdoor display and seating, including outdoor dining that is accessory to a restaurant, and outdoor displays of goods and materials which are offered for retail sale or wholesale on the same property, may be located directly in the front yard of adjacent to the principal building. The display or seating may extend up to 20 feet out from the building wall provided the display or seating does not interfere with safe pedestrian movement on the sidewalk or at the store entrances or with safe vehicular movement to and from the lot, or encroach into required buffers. Displays, dining, or seating may not extend into the road right-of-way and must provide a minimum four-foot wide pedestrian walkway.
  6. Hazardous materials. Businesses located within any commercial or industrial zoning district shall not store hazardous chemicals in excess of the threshold levels established by Superfund Amendment and Reauthorization Act (SARA) title III. The use, storage, and disposal of hazardous materials shall comply with all applicable federal, state and local codes.
  7. Wellhead protection standards. Within 1,000 feet of an existing or planned Town water supply well site, the manufacture or disposal of toxic or hazardous materials including herbicides, pesticides, fungicides, fertilizer, petroleum products, and drycleaning chemicals shall be prohibited.
    1. Prohibited uses within 1,000 feet of an existing or planned Town water supply well:
      1. Above ground, outdoor liquid storage tanks greater than 1,000 gallons.
      2. Above ground, storage of water-soluble toxic or hazardous materials greater than 6,000 pounds per container or structure.
      3. Underground storage tank. An existing underground storage tank located in the area may be replaced or upgraded in accordance with current State standards.
    2. Beyond 1000 feet from any public water-supply well, the Town may consider allowing automotive service stations that dispense gasoline, kerosene, diesel fuel, and/or other petroleum fuel products only as a conditional use subject to the following:
      1. The installation of fuel (gasoline, kerosene, diesel) storage and dispensing facilities will be permitted so long as: (1) no part of the USTs, piping, and dispensing system is within 1000 feet of any Town water supply well;
      2. All requirements of the current Revised Underground Storage Tank Regulations will be implemented on or before the date of system startup; and
      3. The owner will notify the Town Manager of suspected petroleum releases at the facility within the same 24-hour time period that such releases are required to be reported to the State of Virginia.
    3. Within 1,000 feet of an existing or planned Town water supply well outdoor storage of road salt or other deicing chemicals in quantities greater than 200 pounds dry weight and dumping snow containing road salt or other deicing chemicals shall be prohibited. Lesser quantities must be protected from contact with precipitation during storage.
  8. General standards for certain uses. The identified uses in this subsection, wherever permitted in a commercial or light industrial district, shall conform to the standards set forth in this section, unless otherwise specifically modified in the provisions authorizing such use in a district.
    1. Liquefied petroleum gas distribution facilities and storage tanks: Any such storage tank having a capacity greater than 500 gallons, or any three or more such storage tanks having a capacity greater than 1,500 gallons in the aggregate, shall be located underground for safety purposes and to minimize the visual impact on surrounding properties unless a conditional use permit has been approved by the town council in accordance with article II of this chapter. Any such aboveground storage tanks shall be screened from view in accordance with section 42-257 (c) and the applicable standards of article X of this chapter.
    2. Lumber and other building and construction materials stored or offered for sale on the premises shall not be stored or displayed within required yards, or within buffer yards or landscape areas required by this chapter.
    3. Veterinary hospitals and clinics shall be subject to the following additional development criteria:
      1. The entire business must be conducted wholly within a completely enclosed soundproofed, heated and air conditioned building, except for a limited outdoor fenced dog walk area.
      2. Noise and odors created by activities within the facility shall not be perceptible beyond the property line or facility itself if the property has other buildings with human activity.
      3. No animals shall be housed outside the building at any time.
      4. Outdoor features shall comply with any appropriate design or amenity policies in the town's comprehensive plan.
      5. Additional buffering, screening or landscaping may be required under conditional use permits, especially to protect visual or other adverse impacts on residential areas.

(Ord. of 9-21-2006, § 3-11; Ord. of 6-27-2013(02), § 3-11; Ord. No. 2010-05-01, 5-13-2010; Ord. No. 2018-05-0001, 5-10-2018; Ord. No. 2019-10-0002, 10-10-2019; Ord. 2023-03-0008, 3-23-2023; Ord. 2024-09-0006, 9-17-2024; Ord. No. 2025-12-0005, 12-11-2025)

HISTORY
Adopted by Ord. 2025-12-0005 on 12/11/2025

Sec 42-258 C-1 Community Commercial District

  1. Scope and purpose. The provisions of this section apply to the C-1 Community Commercial District. This district is designed to implement the Comprehensive Plan Central Business District policies and accommodate general commercial business to which the public requires direct and frequent access, pedestrian activity, small shops, dining, and outdoor activity such as festivals. The town intends that existing residential buildings be converted to commercial use rather than have new buildings constructed whenever possible.
  2. Permitted and Conditional uses: Refer to Section 42-151, Table 1, Uses by Zoning District. Conditional Uses may be permitted with a conditional use permit.
  3. Lot requirements.
    1. Minimum Size: 2,500 square feet.
    2. Minimum lot width: 25 feet.
    3. Yard requirements:
      1. Front yard: 5 feet provided the front wall of the building shall not extend more than 5 feet beyond the average setback of buildings on adjoining properties except to provide seating or outdoor dining areas or landscaping.
      2. Side yards: Ten feet if adjoining a residential use.
      3. Rear yard: 35 feet if adjoining a residential use.
    4. Off-street parking spaces shall be set back at least 10 feet from the front property line. Off street parking shall not be located between the front of the building and the street.
  4. Building requirements
    1. Building height. 35 feet for principal structures, 15 feet for accessory structures.
    2. Maximum building footprint. The footprint of a new, single use commercial building shall not exceed 4,000 square feet except with a conditional use permit.
  5. Outdoor storage and display: Outdoor storage is prohibited except as otherwise noted. Outdoor display is permitted subject to Section 42-257.
  6. Utility requirements. All public utilities located within the C-1 zoning district shall be located underground and shall be designed per the article VI of chapter 30, required installation of public improvements, section 30-157, public utilities installation standards.
  7. Multiple uses on a lot: Multiple uses in separate structures or buildings may be permitted on a lot by Conditional Use Permit.
  8. Modification of lot and building requirements: Lot and building requirements may be modified by the Town Council in conjunction with a conditional use permit. Such application shall outline the modified requirement and define the need. Permitted uses and conditionally permitted uses shall not be modified by this provision. Modifications must be consistent with the character and intent of the district. The Town Council may also modify or waive the design standards and requirements of Article V of Chapter 30, Subdivisions.
  9. Other requirements: Applicants should also refer to Section 42-257, Purpose, Specific Requirements for All Districts, for commercial location, hours of operation, wellhead protection, and other standards.

(Ord. of 9-21-2006, § 3-12; Ord. of 11-20-2008; Ord. of 9-10-2009; Ord. No. 2009-11-19-01, 11-19-2009; Ord. No. 2010-05-01, 5-13-2010; Ord. No. 2018-05-0001, 5-10-2018, Ord. 2023-03-0008, 3-23-2023; Ord. 2024-09-0006, 9-17-2024)

Sec 42-259 C-2 Mixed Use Business District

  1. Scope and purpose. The purpose of this district is to permit certain commercial, office, retail type mixed uses which do not in any way detract from the residential desirability of the town. The district is intended to implement the Gateway Planning Area policies of the Comprehensive Plan and to provide uses more suitable along the Town’s thoroughfare and outside the Central Business District.
  2. Permitted and conditional uses: Refer to Section 42-151, Table 1, Uses by Zoning District. Conditional Uses may be permitted with a conditional use permit.
  3. Lot requirements.
    1. Minimum size: 6,000 square feet.
    2. Minimum lot width: 50 feet.
    3. Yard requirements:
      1. Front yard: 25 for lots fronting Berlin Pike; 15 feet for all other lots.
      2. Side yards: Ten feet.
      3. Rear yard: 35 feet, except the minimum rear yard shall be 15 feet where a building or structure abuts a parcel located in a commercial or industrial zoning district.
  4. Building height. 35 feet for principal structures, 15 feet for accessory structures.
  5. Outdoor storage and display: Outdoor storage and display are permitted subject to Section 42-257.
  6. Utility requirements. All public utilities located within the C-2 zoning district shall be located underground and shall be designed per the article VI of chapter 30, required installation of public improvements, section 30-157, public utilities installation standards.
  7. Modification of lot and building requirements: Lot and building requirements may be modified by the Town Council in conjunction with a conditional use permit. Such application shall outline the modified requirement and define the need. Permitted uses and conditionally permitted uses shall not be modified by this provision. Modifications must be consistent with the character and intent of the district. The Town Council may also modify or waive the design standards and requirements of Article V of Chapter 30, Subdivisions. (h) Other requirements: Applicants should also refer to Section 42-257, Purpose, Specific Requirements for All Districts, for additional location, hours of operation, wellhead protection, and other standards.

(Ord. of 9-21-2006, § 3-13; Ord. of 11-20-2008; Ord. No. 2009-11-19-01, 11-19-2009; Ord. No. 2010-05-01, 5-13-2010; Ord. No. 2012-01-02, 1-26-2012; Ord. No. 2015-12-0001, 12-10-2015; Ord. No. 2016-04-0001, 4-7-2016; Ord. No. 2018-05-0001, 5-10-2018; Ord. 2023-03-0008, 3-23-2023; Ord. 2024-09-0006, 9-17-2024)

Sec 42-260 CI-1 Commercial And Limited Industrial/Flex District

  1. Scope and purpose. The purpose of this district is to permit certain low-density and small-scale commercial and industrial uses that are consistent with the economic and community development goals and policies of the Comprehensive Plan. The uses in this district will be well landscaped and screened to minimize adverse conditions to adjacent land uses of all types and will include appropriate restrictions on outdoor commercial and industrial activities to afford maximum protection to adjacent residential neighborhoods. The uses permitted in the district are intended to promote employment in addition to expansion of economic activity and the town's tax base. All properties within the Commercial and Limited Industrial/Flex District shall be subject to the standards set forth in this section.
  2. Permitted and conditional uses. Refer to Section 42-151, Table 1, Uses by Zoning District. Conditional Uses may be permitted with a conditional use permit.
  3. Prohibited uses. The following specific uses shall not be permitted in the CI-1 district:
    1. Animal slaughterhouse.
    2. Ammonia and chlorine manufacturing.
    3. Asphalt mixing plant.
    4. Blast furnace.
    5. Boiler works.
    6. Bulk storage of flammable materials, not including liquified petroleum distribution and storage tanks as regulated herein.
    7. Concrete mixing, and batching products.
    8. Coal or wood distillation.
    9. Extraction and mining of rocks and minerals.
    10. Fertilizer, lime or cement manufacturing.
    11. Fireworks or explosives manufacturing.
    12. Manufacturing of toxic and hazardous materials including but not limited to acids, pesticide, herbicide, insecticide, fertilizer, and explosives
    13. Private garbage incineration.
    14. Rendering plants.
    15. Automated salvage and other salvage yards.
    16. Metal foundries, smelting, processing, fabrication and storage.
    17. Stockyards.
    18. Acid manufacture.
    19. Tanning and curing of skins.
    20. Petroleum, asphalt or related product refining.
    21. Private landfills.
    22. Pesticide manufacturing.
    23. Herbicide manufacturing.
    24. Insecticide manufacturing.
    25. Any other similar use which in the opinion of the town council might be injurious or noxious by reason of odor, fumes, dust, smoke, vibration, noise or other cause.
  4. Lot requirements.
    1. Minimum size: 10,000 square feet.
    2. Minimum lot width: 80 feet.
    3. Yard requirements:
      1. Front yard: 25 feet.
      2. Side yards: Ten feet.
      3. Rear yard: 40 feet minimum setback.
  5. Buffering and screening: Where property in the CI-1 District is located adjacent to land lying in a residential zoning district, a minimum 50-foot wide landscape buffer shall be required with a berm not less than 8 feet and not more than ten feet in height, as follows,
    1. Landscaping will be provided in ratios required for a Type C buffer.
    2. The berm shall be measured from the average grade at the base of the berm to the average height at the crest of the berm, provided that the required height of any such berm may be interrupted by pedestrian trails traversing the berm for the purpose of connecting any property located in the CI-1 District to any adjacent property.
    3. Any such berm shall have slopes no steeper than 3:1.
    4. The requirements of this subsection shall be subject to the provisions of section 42-369 authorizing approval of alternative proposals that deviate from the requirements of Article X.
  6. Building standards.
    1. Height: 35 feet for principal and accessory structures.
  7. Design standards.
    1. Buildings shall be oriented to public streets and off-street parking located to the side or in the rear of buildings to the maximum extent feasible. Sidewalks or other pedestrian connections such as shared-use trails shall be provided to connect properties located in the CI-1 District to adjacent properties.
    2. The facade of any building having a footprint area greater than 10,000 square feet shall be use fenestration, combinations of materials, and articulation to avoid large, flat, monotonous walls.
    3. All 4 walls of any building will be finished in the same materials provided the percentages of each material may be altered.
    4. All uses must have access to a road having a functional classification of major collector or higher without having to travel through any residential zoning district located within the town limits, unless there exists a recorded ingress-egress easement, right-of-way, or other similar recorded legal instrument granting permanent access to any such property as of May 10, 2018.
    5. To the maximum extent feasible, vehicle service bays, loading bays and garage doors shall not be designed or oriented so as to face adjacent public streets, or any adjacent property located in any residential zoning district.
    6. All off-street parking and loading areas shall be paved with an asphalt or concrete surface, provided that gravel may be used for surfacing outdoor storage areas.
    7. The use of environmentally sustainable and energy efficient building and/or site design, and related technologies such as rooftop solar, green roofs and micro wind turbines, shall be permitted within the CI-1 District subject to Section 42-304.
  8. Noise/vibration. Tractor-trailer trucks shall not be left idling prior to 7:00 a.m. and later than 7:00 p.m. Monday through Friday, and prior to 9:00 a.m. and later than 7:00 p.m. on Saturday and Sunday.
  9. Outdoor storage and display: Outdoor storage and display are permitted subject to Section 42-257.
  10. Utility requirements. All public utilities located within the CI-1 zoning district shall be located underground and shall be designed per the article VI of chapter 30, required installation of public improvements, section 30-157, public utilities installation standards.
  11. Modification of lot and building requirements: Lot and building requirements may be modified by the Town Council in conjunction with a conditional use permit. Such application shall outline the modified requirement and define the need. Permitted uses and conditionally permitted uses shall not be modified by this provision. Modifications must be consistent with the character and intent of the district. The Town Council may also modify or waive the design standards and requirements of Article V of Chapter 30, Subdivisions.
  12. Other requirements: Applicants should also refer to Section 42-257, Purpose, Specific Requirements for All Districts, for additional location, hours of operation, wellhead protection, and other standards.

(Ord. of 9-21-2006, § 3-14; Ord. No. 2008-06-02, 6-26-2008; Ord. of 11-20-2008; Ord. of 9-10-2009; Ord. No. 2009-11-19-01, 11-19-2009; Ord. No. 2010-05-01, 5-13-2010; Ord. No. 2012-01-02, 1-26-2012; Ord. No. 2018-05-0001, 5-10-2018; Ord. 2024-09-0006, 9-17-2024; Ord. No. 2025-12-0005, 12-11-2025)

HISTORY
Adopted by Ord. 2025-12-0005 on 12/11/2025

2025-12-0005