The purpose of this division is to identify general standards applicable to public uses and uses of a public nature, regardless of ownership, authorized in more than one zoning district.

(Ord. No. 2016-04-0002, 4-28-2016)

Public facilities, structures, and uses, as those terms are used herein, shall include, but not be limited to, streets, connections to existing streets, parks or other public areas, public buildings or public structures, public utility facilities, or public service corporation facilities, whether publicly or privately owned, but shall not include railroad facilities, high power electrical transmission lines in excess of 150 kilovolts which are subject to review and approval by the Virginia State Corporation Commission, or a public telecommunications facility (not including television and radio towers and structures not necessary to house electronic apparatus) that has received approval and funding by the Virginia Public Broadcasting Board pursuant to Code of Virginia, § 2.2-2426. For purposes of this section, the foregoing facilities, structures, and uses shall be referred to as public facilities. The term "public facility" or "public use" shall not, however, include the business office of any of the foregoing unless owned and operated by a governmental body.

(Ord. No. 2016-04-0002, 4-28-2016)

Public facilities may be located within any zoning district in the Town of Lovettsville, subject to Code of Virginia, § 15.2-2232 and this chapter.

(Ord. No. 2016-04-0002, 4-28-2016)

The town's comprehensive plan shall control the general or approximate location, character and extent of each feature shown on the plan. Upon adoption of the comprehensive plan by the town council, no public facility or other feature which is not shown in the plan, whether publicly or privately owned, subject to Virginia Code § 15.2-2232 shall be constructed, established or authorized unless and until the commission has determined whether the location, character and extent of said public facility is in substantial accord with the comprehensive plan as provided by Virginia Code § 15.2-2232. Routine maintenance of public facilities and public areas by any department of the town shall be considered exempt from the requirements of this section and shall not require a determination hereunder. Such work shall include paving, repair, reconstruction, and/or other improvement of a public street; and utility, drainage or similar work, and normal service extensions of public utilities or public service corporation facilities including installation of small cell telecommunication facilities, provided such work does not involve a change in location or extent of a public street or other public area. For purposes of this section, widening, narrowing, extension, enlargement, vacation or change of use of a public street or public area shall be considered a change in the location or extent thereof and shall be subject to the requirement of a public facility determination as provided herein.

(Ord. No. 2016-04-0002, 4-28-2016)

Except as otherwise specifically provided, the general regulations set forth in this chapter shall apply to development located on privately owned properties in all zoning districts. Development on public properties owned by the Town of Lovettsville, when such public facility or feature is either shown on the town's adopted comprehensive plan or has otherwise been determined to be in substantial accord with the plan as provided in this division, shall not be governed by the requirements of this chapter, except as expressly otherwise provided herein, and shall only be regulated by the applicable provisions of the Code of Virginia or other applicable authority in order to further the health, safety, order, prosperity, conservation of natural resources and general welfare of the public.

Routine maintenance of public facilities and public areas by any department of the town shall be considered exempt from the requirements of this division and shall not require approval hereunder. Such work shall include: paving, repair, reconstruction, and/or other improvement of a public street; and utility, drainage or similar work, including normal service extensions of public utilities, provided such work does not involve a change in location or extent of a public street or other public area.

(Ord. No. 2016-04-0002, 4-28-2016)

The zoning administrator shall deem public areas, facilities, or uses as features already shown in the comprehensive plan when they are identified within, but are not the entire subject of, construction drawings or a site plan for development submitted in accordance with chapter 30 of the town Code, and:

1. When the general or approximate location, character, and extent of those facilities is consistent with the provisions of the comprehensive plan or a part thereof.
2. The public areas, facilities, or uses are the subject of a proffer accepted under the town's conditional zoning provisions.
3. Notwithstanding the provisions of subsection (a), above, construction plans which relate solely to the construction of such public facilities may be accepted and reviewed if those facilities are shown on the approved preliminary subdivision plat of which the construction plans are an integral part.

(Ord. No. 2016-04-0002, 4-28-2016)

The zoning administrator may authorize in any zoning district the use of a manufactured, modular or, mobile office for the purpose of providing public facilities or services, provided the structure complies with the applicable yard, height and lot coverage requirements in the district where located.

(Ord. No. 2016-04-0002, 4-28-2016)

Editor's note— Ord. No. 2016-04-0002, adopted April 28, 2016, repealed §§ 42-284 and 42-285, and enacted provisions 42-278—42-284. Former §§ 42-284 and 42-285 pertained to town property exempt unless expressly included and widening of highways and streets and derived from an ordinance adopted September 21, 2006.

1. Requirements. Any use which is established, expanded or changed shall be required to provide the minimum number of off-street parking areas as specified in this section.
   1. Assisted living facility: One space per two dwelling units, plus one per employee, plus additional spaces as required for nursing and extended care facilities, as applicable.
   2. Auditoriums, movie theaters, and similar places of assembly with fixed seating: One space for every five seats.
   3. Automobile filling station: One space per 200 SF of GFA.
   4. Automobile sales, used: One space per 500 SF of enclosed sales area, plus two spaces per service bay, plus one space per employee, plus one space per 2,500 of outdoor sales area.
   5. Bank or financial institution: One space per 250 SF of GFA.
   6. Bed and breakfast or country inn: Two spaces, plus one space per guest room.
   7. Child care center: One space per employee plus one space per 400 SF of GFA.
   8. Contractors and construction services: Five spaces, plus one space per company vehicle, plus one space per employee.
   9. Convenience stores: One space per 200 SF of GFA.
   10. Convention center, motel or hotel: One space per guest room, plus one space per two employees, plus one space per 200 SF of assembly area, plus 50 percent of the minimum number of spaces required for dine-in restaurant facilities, as applicable.
   11. Dry cleaners: One space per 500 SF of GFA, plus one space per employee.
   12. Farm and garden shops or stores, retail nurseries and greenhouses: One space per 500 SF of enclosed sales area, plus one space per 2,500 SF of outdoor sales area.
   13. Fraternal and social clubs or lodges: One space per five occupants based on the maximum occupancy load of the assembly area.
   14. Funeral homes or mortuaries: One space for every four seats for parlors with fixed seating, plus one space for each company vehicle, plus one space per two employees.
   15. Government buildings: One space per 65 SF of assembly area, plus 1.25 spaces per employee.
   16. Grocery stores: One space per 200 SF of GFA.
   17. Hospitals: One space per 300 SF of GFA.
   18. Indoor recreational facility, dance or fitness studio: One space per 200 SF of GFA.
   19. Libraries: One space per 250 SF of GFA, plus one space per employee.
   20. Light vehicle and automobile repair shops: Two spaces per service bay plus one space for each employee.
   21. Manufacturing, processing, and production: One space per company vehicle, plus one space per 1,000 SF of GFA or one space per employee, whichever is greater.
   22. Medical or health care facility or clinic: One space per 300 SF of GFA.
   23. Museums, cultural centers or art galleries: Five spaces, plus one space per each 300 SF of GFA of space over 1,000 square feet.
   24. Nursing home or extended care facility: One space per three beds, plus one space per employee.
   25. Office, administrative, business or professional: One space for each 300 SF of GFA.
   26. Outdoor recreational facilities: Five spaces per acre of the total site area used for active and passive recreation facilities.
   27. Outdoor sales or display area (not otherwise specified): One space per 500 SF of outdoor sales area, plus one space per employee assigned to work in such area.
   28. Personal services (not otherwise listed): One per 200 SF of GFA.
   29. Place of assembly without fixed seating: One space for every five occupants based on the maximum occupancy load of the assembly area.
   30. Residential uses, multi-family dwelling:
       1. Efficiency and one bedroom units: 1.5 spaces per dwelling unit.
       2. Two bedroom units: Two spaces per dwelling unit.
       3. Units with more than two bedrooms: 2.5 spaces per dwelling unit.
   31. Residential uses, single family dwelling, single family detached, or semi-detached dwelling units: Two spaces per dwelling unit.
   32. Restaurant or catering services, carry-out only (no seating facilities): One space per 100 SF of GFA, plus one space per employee.
   33. Restaurant or eating establishment, with seating facilities: One space per 150 SF of GFA; plus one space for each four seats of outdoor seating.
   34. Retail sales establishment (not otherwise listed): One space per 200 SF of GFA for the first 10,000 square feet of total gross floor area, plus four spaces per 1,000 SF of GFA for the total gross floor area above 10,000 square feet.
   35. Schools, colleges or universities: Two spaces per 1.67 students based on the maximum occupant load of the interior space of the building designed as classrooms.
   36. Schools, elementary: 0.25 spaces per student based on the maximum occupancy load of the interior space of the building designed as classrooms.
   37. Schools, middle: 0.25 spaces per student based on the maximum occupancy load of the interior space of the building designed as classrooms.
   38. Schools, Montessori: 0.3 spaces per student based on the maximum occupancy load of the interior space of the building designed as classrooms, plus 1.25 spaces per employee.
   39. Schools, high: 0.35 spaces per student based on the maximum occupancy load of the interior space of the building designed as classrooms.
   40. Schools, technical, trade, vocational or business: One space per employee, plus one space per 400 SF of GFA.
   41. Self-storage facility or mini-warehouse: Five spaces.
   42. Shopping center: One space per 200 SF of GFA.
   43. Studio space or workshop for artist, crafter or photographer (not including retail sales area): One space per employee.
   44. Veterinary hospital or clinic; pet or animal daycare, grooming or boarding facility: One space per 300 SF of GFA.
   45. Warehouse: One space per 1,000 SF of GFA, or one space per employee, whichever is greater.
   46. Wholesale trade establishment: One space per 1,000 SF of GFA plus one space per company vehicle.
2. General standards.
   1. Every building or structure shall be provided, at the time of initial construction, or at such time as a principal use of any building, structure or lot is established, with the minimum required off-street parking spaces required by this section
   2. Except as otherwise provided in this section, every building or structure changed in use or structurally altered shall be furnished with adequate off-street parking, vehicle drive aisles, and ingress and egress, but only to the extent that the change in use or structural alteration necessitates the need for additional parking.
   3. The Town Council recognizes that the parking requirements listed in subsection (a) of this section cannot and will not cover every possible situation that may arise. Therefore, the parking space requirements, for a use not specifically listed in subsection (a) of this section shall be the same as for a listed use of similar characteristics of parking demand generation, as determined by the zoning administrator.
   4. If there are no similar characteristics of parking demands, the zoning administrator shall use the formula of one parking space for each 200 square feet of gross floor area of the building.
   5. When a change to, or expansion of, an existing use, building or structure is proposed which generates the requirement for additional parking spaces in excess of existing available parking spaces, the zoning administrator shall require a parking lot plan and other documentation of the change to, or expansion of, the existing parking lot to ensure adequate parking is provided in accordance with the requirements of this section.
   6. The parking requirements above are in addition to space for storage of automobiles, trucks, trailers, recreation vehicles, or other similar vehicles stored or offered for sale in connection with a particular use.
   7. The parking requirements in this article do not limit special requirements which may be imposed by approval of a zoning map amendment or conditional use permit.
   8. Where fractional spaces result, the parking spaces required shall be construed to be the next highest whole number.
   9. Vehicles being parked within required parking lots solely for advertising purposes are prohibited; this does not include service vehicles or company vehicles ancillary to the business use on the property.
   10. Except as otherwise provided in this section, any area designated as required off-street parking shall not be changed to another use unless equal facilities meeting the standards of this section are provided elsewhere in accordance with the applicable requirements of this section, or unless the minimum parking requirements of the site are reduced based on the parking demand of the proposed use.
   11. All non-residential uses shall provide handicapped accessible parking in accordance with the latest edition of the International Building Code (IBC) and the most current Americans with Disabilities Act Accessibility Guidelines (ADAAG). Such spaces shall be considered part of, rather than in addition to, the number of required spaces.
   12. The Town Council may reduce, as part of the approval of a zoning map amendment or conditional use permit, the minimum number of parking spaces required for a use or combination of uses where the numbers of spaces required by this section are determined by the council to be excessive.
   13. All parking spaces shall be designed to prevent vehicles from extending over any property line, right-of-way, sidewalk or travel way. Where parking spaces allow a vehicle to extend over the face of curb into such areas, an additional parking space depth of 18 inches shall be provided and/or parking bumper stops shall be incorporated into the parking space design. Parking bumper stops shall be installed in all gravel parking lots to identify the locations of off-street parking spaces.
   14. When used in this section, the following words, terms and phrases shall have the meanings ascribed to them in this subsection:
       1. Assembly area means the area of one or more spaces or rooms on the interior of a building designed and arranged for the assembly of persons, or members of the organization who assemble therein, but which does not contain fixed seating for such a purpose.
       2. Enclosed sales area means the area of one or more spaces or rooms on the interior of a building designed and arranged for the display of goods, products, equipment, or machinery offered for sale or rental on the premises.
       3. Maximum occupancy load means the aggregated maximum occupancy load of one or more rooms or spaces on the interior of a building, based on the specific use category of each space, as identified in the latest edition of the adopted International Building Code (IBC).
       4. Outdoor sales area means the area of land located on the exterior of a building used, or proposed to be used, for the storage or display of goods, products, equipment, or machinery offered for sale or rental on the premises.
   15. When the minimum number of required parking spaces is listed on a per employee basis, the number of employees shall be calculated for the maximum shift of employment, that is, the eight-hour period during the workday having the highest number of full- and part-time employees working at the establishment simultaneously.
   16. Electric vehicle charging stations may be permitted in any parking lot. Such spaces shall be counted toward the number of required spaces provided they are constructed to the standards Section 42-286(c) and permit unrestricted use. Charging stations shall not include print or acoustic commercial advertising.
       
3. Parking space dimensions. The following table provides the minimum size requirements for automobile parking spaces:
   Table 4-1 Minimum Size Requirements for Parking Spaces
   
   

   Parking Options	Length (feet)	Width (feet)
   Standard, head-in (diagonal or perpendicular)	18	9
   Parallel spaces	22	8
   Stacking spaces	18	8
   Handicapped parking	Per IBC Standards

4. Parking aisle and driveway widths. Parking lot aisle and driveway widths shall conform to the following table, which varies the width requirement according to the angle of parking.
   
   Table 4-2 Parking Angle and Driveway Widths
   
   

   Parking Angle (Degrees)
   Aisle Width	0	30	45	60	90
   Driveway Width (in feet)
   One-way traffic	15	15	15	18	22
   Two-way traffic	19	20	21	22	22

5. Location and use of off-street parking spaces. All off-street parking spaces shall be located on the same site, within the same development or within 500 feet of the lot containing the structure or use to which they are accessory. A recorded deed, easement, lease agreement or parking license agreement shall be provided demonstrating that permission for off-site parking has been granted by the owner of the off-site parking area. No off-street parking for a structure or use located in the Town Center Core, Town Center Fringe, C-1, C-2 or CI-1 districts shall be located within a residential zoning district or the Town Center Residential Area except as provided below in subsections (f) and (g).
6. Joint use of off-street parking spaces.
   1. A single parking area may contain required spaces for several different uses, but except as otherwise provided in this subsection, the required spaces assigned to one use may not be credited to any other use.
   2. Required off-street parking spaces may be provided cooperatively for two or more uses on the same lot or site or within the same development subject to approval by the zoning administrator or other applicable approving authority. The approving authority may allow a reduction in the aggregate number of required parking spaces of up to maximum of 25 percent. A recorded deed, easement, lease agreement, parking license agreement or other appropriate legal instrument from the property owners is required and shall clearly indicate the terms of the agreement as well as a length of time for which it shall remain in effect. In approving a request for shared parking, the approving authority shall require a parking study prepared by the applicant which evaluates the extent to which:
      1. Peak parking usage will occur at different periods of the day;
      2. Patrons and employees visiting the site or development are likely to visit two or more uses during one trip;
      3. The shared parking is conveniently located in reasonable proximity to all the buildings or uses being served; and
      4. The location and design of the shared parking in relation to the buildings or uses will mitigate the potential for pedestrian safety hazards due to vehicular/pedestrian conflicts.
7. Special parking requirements in the C-1 District.
   1. Where a change in use is requested or proposed to an existing building or structure or portion thereof in the C-1 District which is devoted to any use other than a residential use at the time of the request, or which was devoted to any such non-dwelling use prior to the date of the request for a period not exceeding two years, for the purposes of establishing any nonresidential use, no additional off-street parking spaces shall be required for any such use in excess of the off-street parking spaces appurtenant to the building or structure in existence at the time of the request, whether such existing spaces are located on the subject parcel or an adjacent parcel, provided the parcel on which the proposed nonresidential use is located lies within 500 feet of a public parking lot or on-street parking spaces, and provided further that the off-street parking spaces in existence at the time of the request shall not be reduced in number or otherwise changed to another use so long as the use occupies the building or structure; otherwise, the off-street parking requirement for the use shall be met in full in accordance with the applicable provisions of this section.
   2. Where a proposed use or change in use is requested or proposed in the C-1 District, not including requests or proposals for which paragraph (1) of this subsection is applicable, not more than 25 percent of the number of on-street parking spaces, and not more than 25 percent of the total number of spaces in a public parking lot, located within 500 feet of a property in the C-1 District, may be counted toward meeting the off-street parking requirement for a non-residential use on such property. In order for such public and on-street parking spaces to be counted towards the off-street parking for any such property in the C-1 District, all such spaces must be properly identified on a parking plan submitted for approval to the zoning administrator.

(Ord. of 9-21-2006, § 4-3; Ord. No. 2011-12-002, 12-8-2011; Ord. No. 2013-02-0002, 2-28-2013; Ord. No. 2018-12-0001, 12-13-2018; Ord. 2024-09-0006, 9-17-2024)

On the same premises with every building, structure or part thereof, the use of which customarily involves the receipt or distribution by vehicles of goods, materials or merchandise, there shall be provided and maintained on the lot adequate space based upon the maximum number of vehicles normally loading or unloading at any one time for standing, turning, loading, and unloading services in order to avoid interface with public use of the streets and alleys. With the exception of residential uses, at least one, but not more than five, off-street loading spaces shall be required.

(Ord. of 9-21-2006, § 4-4; Ord. No. 2018-12-0001, 12-13-2018)

Editor's note— Ord. No. 2018-12-0001, adopted December 13, 2018, repealed § 42-288, which pertained to fences and derived from Ord. of 9-21-2006, § 4-5.

1. Street intersections. At street intersections, there shall be an area of unobstructed vision. Such area shall be a triangle having sides at least 25 feet in length along the lot lines which extend from the point of intersection of the street rights-of-way and the hypotenuse shall be the line of sight between the end points. There shall be no planting, fence or other obstruction to vision more than two feet high within this triangle. The requirement set forth in this subsection shall be subject to modification to the current standards of the Virginia Department of Transportation.
2. Driveway intersection with street. At driveway intersection with streets, the apex of the triangle is at the intersection of the street right-of-way line within the edge of the driving surface of the driveway nearest to the approaching traffic lane, the side of the triangle coterminous with the street right-of-way line is 25 feet in length, the side of the triangle coterminous with said edge of driveway is 20 feet in length, and the base runs through the lot.
3. Exceptions. Where terrain features present substantial obstacles to provision and maintenance of such visibility triangles, the zoning administrator may permit the provision and maintenance of lesser visibility clearance, but such clearance shall be the maximum which is reasonably practicable to provide and maintain.

(Ord. of 9-21-2006, § 4-6)

Structures, including walls, accessory structures, decks, porches, overhangs, architectural features, balconies, air conditioners, heat pumps, satellite dishes, except for fences, shall not be located on or over any type of easement, whether in public or private or homeowners association ownership, except as provided by the express terms of the instrument creating the easement or approved in writing by the party that holds the easement.

A property owner is responsible for repairing or reinstalling a fence in an easement when the fence is damaged, removed or destroyed by the party holding the easement, unless the express terms of the instrument creating the easement or approved in writing by the party that holds the easement states otherwise.

No structure shall be allowed in any yard of any district that does not comply with the Virginia Department of Transportation (VDOT) sight distance standards, regulations or requirements and visibility requirements, as contained in section 42-289.

1. Fences and walls. Fences and walls in yards are subject to the following stipulations:
   1. Front yard. Fences and walls shall not exceed three feet in height. For non-residential lots, where a commercial use adjoins a residential use, a fence may be located within the front yard along the side property line and may increase in height by one-half foot increments for every three feet of distance from the sidewalk or property line (whichever is greater), not to exceed six feet in height in any case.
   2. Secondary front yard on corner lots. Fences and walls shall not exceed four feet in height. For residential corner lots, where the secondary front yard is adjacent to a public street, a wall or fence may be four feet in height if it is one foot or more from the property line or public access easement (whichever is greater).
   3. Side yards. Fences and walls in residential districts shall not exceed six feet in height. Fences and walls in non-residential districts shall not exceed eight feet in height.
   4. Rear yards. Fences and walls located on regular lots, other than "through lots", in residential districts shall not exceed six feet in height. For residential "through lots" where the rear yard is adjacent to a public street, a wall or fence may not exceed three feet in height at the public right-of-way and may increase in height by one-half foot increments for every five feet of distance from the right-of-way, not to exceed six feet in height in any case. Fences and walls on non-residential regular, "through lots" or corner lots, may be located within the required rear yard with a height not to exceed eight feet.
   5. When elements such as columns, finials, pillars or posts are part of a wall, they may extend to no more than one foot above the fence itself if these features are no larger than two feet on any one side and such elements are no closer than three feet apart.
   6. Exceptions to height limit. Fences in required side and rear yards of public playgrounds, institutions or schools located in residential districts may not exceed eight feet in height. Fences or walls may exceed the height limit where required to comply with screening provisions of this ordinance or the safety standards of other government regulations.
   7. Prohibited fencing material in residential areas. No barbed wire, electrical elements or other hazardous materials, no fragile or unduly flammable materials and no unfinished concrete or cinder block or other similar unfinished materials shall be maintained as a fence or part of a fence or wall in residential district or abutting a residential district or use, except, however, that underground "invisible" fencing shall be permitted. Fences shall not be of temporary or semi-temporary materials, such as a silt fence, snow fence or construction fence, except for erosion or siltation controls during construction. Fences shall not create a hazard, impede traffic visibility or be installed within three feet of a fire hydrant. Fences must be kept in good condition, properly maintained and may not contain any signs, writing or graffiti.
2. Covered entry porches, enclosed or unenclosed, may project into any required yard, provided that no such porch shall project more than three feet into such yard, or may be closer than three feet to any lot line.
3. Balconies may project not more than four feet into any required yard other than a front yard, but shall not be closer than three feet to any lot line.
4. Architectural features, chimneys, eaves, or the like may project into required side or rear yards not more than 36 inches, but not closer than three feet to any lot line, and into required front yards not more than three feet.
5. Decks require permits and may project into a required side yard provided that the deck is set back from a property boundary no less than the setback allowed for the primary building. Townhouse decks may extend to the interior side lot lines and no closer than five (5) feet to any other lot line. A deck may project into a required rear yard provided that the deck is set back from a property boundary no less than five feet. A deck may not project into a front yard, except on a through lot, in which case a deck may project into the front yard opposite the front entrance of the primary building on the lot no more than 15 feet. In the R-C zoning district, a deck shall be permitted to extend to one (1) foot from the side and rear property line provided the deck floor is 24 inches or less in height above ground level measured at the highest point above grade.
6. Air conditioners rated at 24,000 BTU or less shall not be so placed hereafter so as to discharge air within five feet of lot lines, and those rated over 24,000 BTU to discharge air within 12 feet of lot lines except where said air conditioners are separated from lot lines either by projections of buildings or by streets, alleys, or permanent open space at least 20 feet in minimum dimensions.
7. No portion of any accessory building shall be permitted in any required yard if any utility or drainage easements are adversely affected. Accessory buildings or portions thereof may be erected either to within five feet of adjacent lot lines (if such buildings are separated) or to a common wall, or to an interior side property line or rear property line on townhouse lots, in portions of required yards located as follows:
   1. On regular lots, at least 60 feet from street lines at the front of the lot, and at least 24 feet from any street lines at the side of the lot.
   2. On irregular lots, at least 40 feet behind the front line of any building adjacent to the lot line, and at least 25 feet from any access easement or street.
8. Satellite dishes shall be subject to all regulations, and restrictions pertaining to accessory buildings. They shall require a location permit and should be adequately screened. Dishes of 24 inches, or less, shall be treated as a television antenna for purposes of height limitations only.

(Ord. of 9-21-2006, § 4-7; Ord. No. 2008-06-01, 6-26-2008; Ord. of 10-14-2010; Ord. No. 2013-02-000, 2-27-2014; Ord. No. 2019-05-0001, 5-9-2019, Ord. No. 2020-11-0001; Ord. No. 2023-01-0006, 1-26-2023)

A zoning permit shall be required and granted for the installation or construction of a temporary, permanent, public or private, inground or aboveground outdoor swimming pool, hot tub or spa with a water depth of two feet or more in any zoning district, subject to the following conditions:

1. In residential districts and the residential portions of districts that allow residential use, an outdoor swimming pool, hot tub or spa shall only be located in a rear yard. A swimming pool, hot tub or spa is permitted in a front yard on a through lot only if it is located in the front yard opposite the front entrance of the principal structure on the lot.
2. An outdoor swimming pool, hot tub or spa that is not located on a deck in a residential district, or in the residential portion of districts that allow residential use, shall be set back at least ten feet from a property boundary.
3. A hot tub or spa that is located on a deck in a residential district, or in the residential portion of districts that allow residential use, shall have the same setback as that allowed for the deck.
4. In commercial districts and the light industrial district, a swimming pool, hot tub or spa is permitted to be located in the front, side and rear yards. Such facilities shall be set back at least 50 feet from an adjacent residential district or from any district that allows residential use by right. Such facilities shall be set back at least ten feet from any adjacent nonresidential district.

(Ord. of 9-21-2006, § 4-8; Ord. of 10-28-2010)

Editor's note— Ord. No. 2019-10-0002, adopted October 10, 2019, repealed section 42-292 which pertained to temporary dwellings and derived from Ord. of 9-21-2006, § 4-9.

No building shall be erected on any such land and no change shall be made in the existing contours of any land, including any change in the course, width, or elevation of natural or other drainage channel, in any manner that will obstruct, interfere with, or substantially change the drainage from such land to the detriment of neighboring lands. The town engineer shall review the plans and make the final determination on this matter.

(Ord. of 9-21-2006, § 4-10; Ord. No. 2019-10-0002, 10-10-2019)

The maximum height limitations established within this chapter shall not apply to the following structures:

1. Barns, silos, windmills and related agricultural structures.
2. Water towers, fire and observation towers.
3. Chimneys, church spires, belfries, clock towers and governmental monuments.
4. Air conditioning units and related mechanical structures when completely screened from the view of public rights-of-way and adjoining properties, such screening to be an integral architectural design element of the building.
5. Micro wind turbines subject to Section 42-304.
   
6. Parapet walls extending no more than four feet above the maximum height limit.
7. Residential antennas, attached to the principal structure, not including satellite dish antennas, up to maximum of ten feet above the height of the structure.
8. Gasoline and fuel canopies provided the height as measured from the finished grade directly beneath the canopy at its shortest height to the canopy ceiling shall not exceed 15 feet and provided the overall height of canopies shall not exceed 18 feet three inches.

(Ord. of 9-21-2006, § 4-11; Ord. No. 2016-01-0003, 1-28-2016; Ord. No. 2019-10-0002, 10-10-2019; Ord. No. 2025-12-0005, 12-11-2025)

Editor's note— Ord. No. 2018-12-0001, adopted December 13, 2018, repealed § 42-295, which pertained to storage of dismantled or inoperable vehicles and derived from Ord. of 9-21-2006, § 4-12; Ord. of 6-25-2009; Ord. No. 2019-10-0002, adopted October 10, 2019, repealed § 42-296, which pertained to limitations on parking of trucks in residential districts and derived from Ord. of 9-21-2006, § 4-13.

1. Bed and breakfast homestays, bed and breakfast inns and country inns shall be subject to the following criteria:
   1. The owner of the bed and breakfast homestay shall reside in and manage the establishment.
   2. The owner or manager of the bed and breakfast inn and country inn shall provide full-time management of the establishment at all times the facility is occupied by guests.
   3. Bed and breakfast establishments shall not contain restaurant facilities but may provide food service for transient guests of the facility only.
   4. A country inn may contain a full-service restaurant, in addition to guestrooms, that provides meal service to guests and the general public.
   5. A zoning permit is required.
   6. The lot on which the establishment is located shall not have less than 80 feet of frontage on a state-maintained road and the entrance shall be located on the same property as the establishment.
2. Limited Residential Lodging shall be subject to the following standards:

Such use shall only be established in a residential dwelling. The dwelling shall be the operator’s primary residence except as noted in paragraph (b)(13), below. The owner/operator shall occupy the dwelling for more than 180 days per year. The owner/operator must submit acceptable proof to the Zoning Administrator that the dwelling is their primary residence.

(1) Lodging shall be permitted only in the principal dwelling on the lot.

(2) Each rental agreement shall be for a maximum of 30 nights and there shall be no more than one rental contract per night.

(3) Each rental agreement shall be for a maximum of 6 guests and a maximum of 2 guests per guest room.

(4) Additional off-street parking shall be available for guests at the dwelling unit, in addition to the minimum off street parking, as defined in Article 8, Division 2, Section 42-286.

(5) There shall be no signs or any other indication from exterior of the property that it is being used for other than a residential dwelling.

(6) The dwelling shall provide guests with public water and sewer.

(7) Working fire extinguishers shall be provided in each area accessible to guests. Smoke detectors shall be provided in each sleeping room.

(8) An information package shall be provided to guests upon check-in and include, as a minimum: responsible party contact information for maintenance or other issues; emergency/public safety contact information; an evacuation plan; provisions for solid waste disposal (trash and recycling); and, information on the Town noise ordinance.

(9) Limited Residential Lodging operators must register with the Zoning Administrator on an annual basis. A Zoning Permit and Town business license shall also be required. The current business license must be on display in a conspicuous location inside the main entrance to the use and included with all advertising materials.

(10) Any applicable taxes required to be collected and remitted by state and local law for each booking transaction are to be collected and remitted.

(11) A zoning permit for limited residential lodging may be revoked by the Administrator:

a. If the Town receives three or more substantiated complaints within a calendar year; or

b. For failure to comply with any of the regulations set forth within this section, or

c. For failure to register annually, as required by this ordinance.

(12) The owner occupancy requirement of Section 42-297 2(a) shall not apply in the following cases:

a. A Limited Residential Lodging unit located in a commercial zoning district shall not require the owner reside in the residence provided the operator complies with paragraph 3, below.

b. Council, by conditional use permit, may waive the owner occupancy requirement of Section 42-297 2(a) for a Limited Residential Lodging use located in a residential zoning district provided the operator complies with paragraph 13, below. The Conditional Permit Approval shall apply only to the applicant and shall not transfer to future property owners.

(13) The operator, or a manager designated by the Operator, must be available at all times when the property is occupied by renters. During all rental periods, the Operator or Manager must:

a. Respond by phone or electronic means within 30 minutes and be available to be onsite within 60 minutes.

b. Provide the contact information for the Operator and/or Manager to guests of the Limited Lodging use in writing prior to the beginning of the rental period.

c. Post the contact information in a conspicuous location within the Limited Residential Lodging.

d. Comply with all other provisions of this Section.

(Ord. of 9-21-2006, § 3-1(b)(ii); Ord. No. 2019-10-0002, 10-10-2019, Ord. No. 2020-10-0004, 8-30-2023, Ord. 2023-08-0003)

Child care homes and centers (collectively "facilities") are permitted, provided they comply with the following standards:

1. Child care facilities shall be registered with the county pursuant to the county code. Child care homes shall close to the public not later than 7:00 p.m. each day and shall not reopen to the public earlier than 6:00 a.m. the following day.
2. When calculating the total number of children cared for, resident children under the age of 14 shall be included.
3. The home shall be the principal residence of the operator of the child care home.
4. The facility shall comply with any and all requirements of the county and state codes.
5. Unless exempted by subsection (f) of this section, a minimum of 75 square feet per child of outdoor play space shall be provided on the lot the child care facility is located on and shall be shown on a schematic plan of the lot at the time of issuance of a zoning permit. A fence at least 3 1/2 feet in height shall completely enclose the play area so that children are safely contained inside, and that all persons entering the play area are within direct line of sight from the child care center classroom areas.
6. No play area shall be required on site when it is demonstrated that the child care home or center is located with 1,000 feet of an existing park or play space of at least two times the size required for the child care home, providing that such park or play space may be accessed without crossing an arterial or collector road. Such park or play space shall either be a public park or play space or shall be dedicated to such uses as part of a local community association.
7. No play equipment at child care facilities shall be located within any required front yard setback or within five feet of any side or rear lot line. All play areas at child care facilities shall be safely segregated from parking, loading or service areas.
8. Parking areas at child care facilities shall be designed to enhance the safety of children as they arrive at and leave the facility.
9. Child care facilities shall have a designated pickup and delivery zone located on the property of or adjacent to the child care facility structure in such a way that children do not have to enter or cross vehicular travel ways in order to enter or exit the facility. Such areas, parking spaces or zones designated for pickup and delivery of children shall not be located within vehicular travel ways, but may be located within on-street parking areas provided the requirements of this subsection and subsection (h) above are met.
10. Persons operating child care facilities shall obtain a business license and pay the business license tax as described in article IV of chapter 18, business license taxes. Child care homes operated as home occupations shall be subject to section 42-199.

(Ord. of 9-21-2006, § 3-1(b)(iii); Ord. No. 2017-05-0002, 5-11-2017; Ord. No. 2019-10-0002, 10-10-2019)

The following minimum standards apply to all retail sales associated with production nurseries and commercial nurseries:

1. In calculating the percentage for plants grown on site, plants must be cultivated at the subject nursery for at least one full season of new growth for that plant.
2. Plant production may be certified by the county extension agent, if requested by the zoning administrator.
3. Plants brought to the subject nursery for immediate resale are included in calculations for non-site-produced plants and accessory products.
4. Accessory products shall be limited to plants brought to the nursery for immediate resale and to those products related to the culture and care of plants sold, such as pottery, baskets, garden accessories, baked goods and floral supplies. Propane, firewood, lawn and garden tractors or machine or other equipment sales are not accessory products.
5. The sales area for accessory products shall be limited to 25 percent of the gross sales area.
6. Nurseries shall be located on property having frontage measuring not less than 80 feet on a state-maintained road.
7. A zoning permit shall be required.

(Ord. of 9-21-2006, § 3-1(b)(iv); Ord. No. 2019-10-0002, 10-10-2019)

Wayside stands are permitted subject to the following provisions:

1. Wayside stands are for retail sales, provided the principal sales items sold are farm and garden products produced principally on site or other locations (separate parcels) used by the wayside stand operator for farming.
2. Permanent retail sales areas within structures shall not exceed, in the aggregate, 600 square feet in floor area.
3. Sales areas for accessory products shall be limited to 25 percent of the gross sales area or 150 square feet, whichever is less.
4. Accessory products shall be limited to those products related to the care and culture of products produced on the site, such as pottery, baskets and garden accessories.
5. Entrances and exits to the wayside stand from public roads shall be clearly delineated, shall provide safe ingress and egress from roads, and shall be channeled to prevent unrestricted vehicular access to and from the premises.
6. The sale of seasonal products harvested on the site may occur throughout the area of actual production.
7. Wayside stands may erect signs in compliance with article XI of this chapter.
8. A zoning permit shall be obtained for the wayside stand.

(Ord. of 9-21-2006, § 3-1(b)(vi); Ord. No. 2019-10-0002, 10-10-2019)

Construction and/or sales trailers are permitted subject to the following provisions:

1. The use shall be located on a lot that is within a recorded subdivision or on a lot with an approved site plan or a lot with an approved building location zoning. Its location is subject to any applicable proffers related to the site and its function must be directly related to the primary use established for the subdivision or lot wherein it is located.
2. The use is permitted until the issuance of the last occupancy permit is approved for the development and until the completion of any bonded public improvements.
3. The use shall provide two off-street parking spaces on the lot or land on which the use is located. These parking spaces shall include the required handicapped space. The use must comply with any requirements that apply for handicapped parking for office use. Parking spaces may have a gravel surface.
4. A minimum lot area of 2,000 square feet shall be provided for this use.
5. The use shall not be located closer than 20 feet from the property line of the lot upon which it is located. A zoning permit shall be obtained for the use at least ten business days prior to the time it is placed on the property.
6. A building permit is required from the county and a copy has to be filed with the town within ten business days of the placement of the use on the site.
7. The zoning administrator shall review and approve or deny a request for temporary construction and/or sales trailer permit. In assessing a request for a temporary trailer permit, the zoning administrator:
   1. Shall determine the appropriate number of trailers for the site, the need for and design of landscaping, and any other amenity that the administrator shall deem in the interest of protecting adjacent residential property (zoned, planned or in use);
   2. Consider the location and its effects on the surrounding neighborhoods and/or adjoining property owners;
   3. May require terms and conditions on the location and placement, type and number of temporary construction and/or sales trailers; and
   4. May require screening and other reasonable conditions.
8. The use shall be located on a lot as close to a collector street or arterial road (as defined by the Virginia Department of Transportation) as possible.

(Ord. of 9-21-2006, § 3-1(b)(vii); Ord. No. 2019-10-0002, 10-10-2019)

The standards set forth in this section shall apply to temporary portable storage containers. Temporary portable storage containers shall be allowed in residential zoning districts under the following conditions:

1. No more than two containers are permitted on a lot at one time.
2. The size does not exceed 16 feet by ten feet and eight feet in height.
3. The length of time they are permitted is not more than 14 days within any 12-month period.

(Ord. of 9-21-2006, § 3-1(b)(ix); Ord. No. 2019-10-0002, 10-10-2019)

Construction shall only occur between 7:00 a.m. and 7:00 p.m. Monday through Friday; construction shall only occur between 9:00 a.m. and 7:00 p.m. on Saturdays. No construction shall occur on Sunday.

(Ord. No. 2019-10-0002, 10-10-2019)

1. Definitions.
   1. Building-Integrated PV System: A solar photovoltaic system that is constructed as an integral part of a principal or accessory building or structure and where system replaces or substitutes for an architectural or structural component of the building or structure. replacing glass or traditional roofing materials, canopies, sunshades, or other building or structure systems.
   2. Building-Mounted PV System: A solar photovoltaic system wherein the solar cells are attached to a principal or an accessory structure.
   3. Ground-Mounted PV System: A solar photovoltaic system mounted on a structure, pole or series of poles constructed specifically to support the photovoltaic system and not attached to any other structure.
   4. Micro wind turbine (MWT) means a turbine that uses several blades that rotate around an vertical or horizontal axis with a capacity rating of up to 100 kW.
      
2. Applicability.
   1. Solar PV and MWT systems constructed prior to the effective date of this Ordinance are not required to meet the requirements of this Ordinance. Any expansion of or structural alteration to an existing system shall comply with the provisions of this Section.
   2. A building integrated system where the system replaces glass or traditional materials or solar-based architectural elements such as canopies, and awnings are not considered accessory uses and are not subject to the requirements of this Ordinance.
3. Permitted Zoning Districts.
   1. Building-mounted PV systems are permitted in all zoning districts as an accessory use to any permitted principal use on the same lot provided, they generate electricity for a use on the same property rather than for commercial or utility generation purposes. Such systems may allow customers to receive a credit for surplus electricity.
   2. Ground-mounted PV systems shall be limited to the CI-1 Commercial And Limited Industrial/Flex District provided they generate electricity for a use on the same property rather than for commercial or utility generation purposes. Such systems may allow customers to receive a credit for surplus electricity.
   3. MWT systems shall be permitted only in the CRA-1, Commercial Residential Annexation, and the CI-1, Commercial Limited Industrial/Flex, zoning districts and provided they generate electricity only for a use on the same property rather than for commercial or utility generation purposes. Such systems may allow customers to receive a credit for surplus electricity.
4. Location Within A Lot.
   1. Building-mounted PV systems are permitted to face any rear, side, and front yard.
      1. On an angled roof, the system must be installed at the same angle as the roof on which it is installed with a maximum distance between the roof and highest edge or surface of the system, measured perpendicular to the roof, of 6 inches.
      2. The highest point of the system shall not exceed the highest point of the roof to which it is attached, and the lowest point shall not extend beyond the eaves of the building.
      3. On a flat roof, the highest point of the system may extend up to two (2) feet above the roof to which it is attached on a residential building and up to six (6) feet above the roof to which it is attached on a nonresidential building. On nonresidential buildings, all such rooftop equipment visible from a public street shall be screened from view by a parapet wall not greater than five feet in height.
   2. MWT systems shall be subject to the following standards:
      1. No more than 1 MWT will be permitted on a lot.
      2. Building-mounted MWT systems may extend up to 6 feet above the peak of the roof. All such rooftop equipment visible from a public street shall be screened from view by a parapet wall not greater than five feet in height.
      3. No part of the ground-mounted system shall extend into the required setbacks due to a tracking system or other adjustment of solar PV related equipment or parts.
      4. Ground-mounted MWT shall be located only in a rear yard and shall have a setback from the boundaries of the lot equal to the height fall zone of the windmill.
      5. Turbine blades may be up to 5 feet in length.
      6. Vertical axis turbines may have a total horizontal width of up to 48 inches (measured from the outside edge of blades at their widest point).
      7. The lowest point of the rotating blades shall be a minimum of 20 feet above the ground.
      8. The maximum height of a ground-mounted MWT shall be 35 feet.
      9. A MWT shall not be lighted internally or externally and shall be finished in nonreflective material and muted colors.
         
   3. The standards in 42-304(d)(3) may be modified by the Town Council in conjunction with a conditional use permit. Such application shall outline the specific standards to be modified and define the need.
5. Ground-mounted systems and ground-mounted equipment associated with either a building or ground-mounted PV or MWT system are subject to the accessory use or structure setback requirements in the zoning district in which the system is to be provided No part of the ground-mounted system shall extend into the required setbacks due to a tracking system or other adjustment of solar PV related equipment or parts.
6. A PV and MWT system shall be permitted on a nonconforming building or lot so long as there is no expansion of the nonconformance and so long as it complies with the other provisions of this Ordinance.
7. Design and Installation Standards.
   1. All PV and MWT systems shall require a building permit. All systems are subject to compliance with applicable performance standards detailed elsewhere in the Zoning Ordinance.
   2. For building-mounted systems, all framing, piping, control devices and wiring must be painted to match the color of the roof or the element upon which it is installed.
   3. For ground-mounted systems, all exterior electrical lines must be buried. The system must be constructed to comply with the most recent fire code.
   4. No signs or graphic content may be displayed on the system except the manufacturer’s badge, safety information and equipment specification information.
      

(Ord. 2021-07-0002, 7-29-2021, Ord. 2023-08-0004, 8-30-2023; Ord. No. 2025-12-0005, 12-11-2025)

1. Small cell facilities, as defined in Section 42-2, may locate on a building, utility pole, light standard, or other structure in all commercial zoning districts and on nonresidential buildings or structures in residential zoning districts subject to zoning permit approval and provided they meet the following standards:
   1. Small cell facility antennas will be limited in size to the following:
      1. Omnidirectional or whip antennas shall not exceed eight and one-half (8 ½) feet in height or three (3) inches in diameter.
      2. Directional or panel antennas shall not exceed five (5) feet in height or one (1) foot in width.
      3. Dish antennas shall not exceed three (3) feet in diameter.
   2. Antennas will be located a minimum of ten (10) feet above a public right-of-way, sidewalk, or trail.
   3. Antennas will not extend more than ten (10) feet above the “anchor” wall of a building or 10 feet above a utility pole or light standard.
   4. When located on the side of a building or structure, antennas shall be mounted so that neither the antenna nor any portion of the supporting mount shall extend more than two (2) feet from the building or structure.
   5. Antennas will use a color that matches the “anchor” structure.
   6. Advertising on the antenna is prohibited.
   7. Lighting is prohibited unless required for safety purposes.
   8. No more than one (1) related unmanned equipment structure shall be located on an antenna support structure. The equipment structure shall not exceed five (5) feet in height or twenty (20) cubic feet in volume and shall be of a material or color which matches the exterior of the antenna support structure on which it is mounted.
   9. Antennas and related unmanned equipment structures located on the roof of a building shall not exceed the building height of such building by more than 10 feet.
   10. Ground-mounted equipment will be set back a minimum of ten (10) feet from a public street, sidewalk, or access easement.
   11. All antennas and related unmanned equipment shall be removed within ninety (90) days after such antennas or related unmanned equipment are no longer in use.
2. Antenna Hub Sites. Antenna hub sites linking multiple small cell facilities may be developed provided such sites shall not occupy more than five hundred (500) square feet of gross floor area and shall not exceed twelve (12) feet in height.
   1. Antenna hub sites shall not be in the required front yard of a lot and shall be at least ten (10) feet from a side or rear property line of the lot.

(Ord. 2022-10-0001, 10-13-2022)

(a) The owner or custodian of any livestock or fowl shall keep such livestock or fowl confined to their own premises, by erecting a suitable fence, designed, and maintained so livestock and fowl will not have access to any adjacent property or roadway. Swine may be kept only as indoor pets.

(b) Livestock as defined in Section 42-2 may be kept on a residential lot provided the owner has obtained a zoning permit and has complied with the following standards: (1) The number of animals or combination of animals shall not exceed one animal unit per acre of fenced area as depicted in the following table: Animal* Animals per animal unit Animal* Animals per animal unit Cattle 4 Alpacas 5 Goats 10 Ponies 5 Horses 4 Llamas 5 Mules 4 Sheep 8 *Includes offspring until they are weaned. Fractions will be rounded down to the whole number. Available area divided by 43,560 square feet multiplied by animals per acre. (2) Fenced areas for livestock shall be in open areas of the lot to the rear or side of the residence and shall be situated at least twenty (20) feet from streams, tributaries, ditches, swales, storm water management facilities, drop-inlets, or other storm drainage areas. Barns or run-ins housing animals shall be a minimum of 10 feet from any property line. (3) It shall be unlawful for any person to kill, butcher, slaughter, or dress any livestock within the town, except in a permitted commercial or industrial use. The prohibition does not apply to deer and wildlife. (4) Pens must be always kept in a neat and sanitary condition and must be cleaned on a regular basis to prevent odors reaching adjacent properties. (5) Animal waste shall be properly disposed of, and no offsite runoff of animal waste is permitted. (6) All feed shall be kept in a secure container or location to avoid attracting rodents, insects, and other animals.

(c) Fowl as defined in Section 42-2 may be kept provided the owner has obtained a zoning permit and has complied with the following standards: (1) At a rate equivalent of 30 fowl per acre may be kept on any residential lot to the side and rear of the residence. (2) Fowl allowed under this section shall only be raised for domestic purposes. (3) All fowl must be kept at night in an enclosed, secure, coop. During the day, fowl will be enclosed in fenced areas located to the rear or side yard of the residence and at least twenty (20) feet from streams, tributaries, ditches, swales, storm water management facilities, drop-inlets, or other storm drainage areas. (4) Coops shall be a minimum of 5 feet from any property line. Pens and coops must be kept in a neat and sanitary condition and must be cleaned on a regular basis to prevent odors reaching adjacent properties. (5) Feed for the fowl shall be kept in a secure container or location to avoid attracting rodents, insects, and other animals. (6) Poultry litter and waste shall be properly disposed of and no offsite runoff of waste is permitted. (7) A dead bird shall not be deposited in any storm drainage system, stream or trash container that is collected by any public or private waste collector but shall be composted, buried on site, or taken directly to the landfill. Further, all unexplained bird deaths shall be reported to the Virginia Department of Agriculture and Consumer Services prior to composting, burial, or disposal.

(d) Honeybees in up to four beehives may be kept in the rear yard on any lot subject to the following: (1) A water source is available on the property. (2) If the main entrance to the hive faces a property line and is within 10 feet of the property line, there must be a flight path barrier (fence, structure, or plantings) at least 6 feet high in front of the hive. (3) Additional hives may be kept on lots greater than 10,000 square feet at a rate of 1 hive per 1,000 square feet. (e) The Town Council may consider modifications to the requirements of this section, including other types of fowl or livestock permitted, by conditional use permit.

(Ordinance 2022-12-0010, 12-15-2022)

1. Temporary retail sales. A zoning permit and business license shall be required except as noted below. The zoning permit application shall include the location, duration, and evidence of property owner and lessee permission, necessary health, waste disposal, and safety approvals.
2. Such uses will be permitted subject to the following:
   1. Such uses may be located:
      1. On commercially zoned property and non-residential property in residential zoning districts with permission of the property owner and lessee.
      2. In a public right-of-way with permission from VDOT.
   2. Shall be permitted for a specified duration not exceeding 3 days.
   3. Shall only operate between 7:00 am to and 11:00 pm.
   4. Shall be removed from the property when not open to the public unless otherwise approved by the Zoning Administrator.
   5. Shall use only signs imprinted on or attached to the vehicle and no more than 1 portable sign.
   6. Shall not impede pedestrian walkways, fire lanes, or vehicular traffic, or block required site distances at intersections or driveways.
   7. Shall not use amplified music or announcements.
   8. Shall not use public trash cans but shall provide waste containers and shall remove all waste from the site.
   9. Shall not discharge liquid waste except at authorized collection facilities.
   10. Zoning permits shall not be required for the following temporary retail sales:
       1. Uses included with a Town-sanctioned special event.
       2. Food trucks that stop momentarily and sell only prepackaged foods such as ice cream or snacks.
       3. Occasional open tent sale of fresh farm products, yard sales of household goods, lemonade stands, and similar uses.
       4. Outdoor sale of goods sold in conjunction with outdoor displays or dining permitted on the same lot, pursuant to Section 42-297.
   11. The Zoning Administrator may approve a series of temporary sales events on the same property provided that the sales events are at least 4 days apart and meet the requirements of this ordinance.

(Ord. 2024-09-0006, 9-17-2024) 

(a) An approved Lovettsville zoning permit including the information outlined in paragraph (k) will be required at least 30 days prior to the event. (b) If the event includes retail sales of merchandise or food, a Lovettsville business license shall be required of each vendor. (c) For the purposes of this section, special event means a temporary, private, commercial or festive activity or promotion held outdoors or an indoor event that includes outdoor activities and that is open to the public or a segment of the public and that may be expected to require off-site parking, or involve fireworks, temporary structures, inflatables, or tents subject to Fire Marshal review. (d) A private, temporary outdoor event held at a Banquet/Event Facility, Bed and Breakfast Inn, Country Inn, restaurant, recreational venue, or similar sites or facilities typically intended, used, and designed for such events, or an event organized by a homeowners’ association on HOA property are not special events unless they are likely to exceed the approved occupancy of the use, or propose any of the activities, attractions or structures listed in (c), above. (e) Temporary sale of goods, products, or services, as defined by this Ordinance, by itself is not a special event and is subject to specific requirements of the Ordinance. (f) Carnivals and festivals and any use of fireworks, installation of tents or structures, open burning or open flame cooking, and use of rides and inflatables will be subject to approval by the Loudoun County Office of Emergency Management, Special Events Coordinator, Fire Marshall or Building Official. Department of Health approval shall be required for the preparation, service, or sale of food and the installation of portable toilets. VDOT and the Sheriff’s Office may be required to approve road closures, parking, and security. (g) Special events are limited to a maximum duration of 9 consecutive days. (h) Special events may occur between the hours of 8:00 AM and 11:00 PM. (i) Amplified music or entertainment may occur between the hours of 11:00 AM and 11:00 PM weekdays and Saturdays, and 12:00 PM to 11:00 PM on Sundays. (j) The same property may conduct up to 6 special events per calendar year with a minimum of 14 days between events. (k) The application for zoning permit will include the following:

1. The responsible individual (event operator) and their contact information.

2. The date(s), times and location(s) of the event and the post-event cleanup and site restoration.

3. The number of expected attendees at the event.

4. A plan that shows:

a. The parking area and number of parking spaces. b. Ingress/egress to a public street for attendees and emergency vehicles. c. The location of all proposed and existing structures on the property including tents, tables, inflatables, etc. and showing distances to the property lines. d. The location of any open burning such as bonfires or fire pits, e. The number and location of sanitary facilities available to guests. If portable toilets and hand washing stations are to be used, provide a copy of the contract which specifies the number of stations and toilets to be on-site. f. The number and location of food and drink vendors. Identify any using open flame cooking. g. The location, type, and size of planned signs. h. The location and times of any amplified music or entertainment, or fireworks show.

5. Proof of insurance.

6. Additional information may be requested to address any other health and safety concerns the Zoning Administrator may identify.

(l) The Zoning Administrator may modify standards or impose reasonable conditions necessary to mitigate potential adverse impacts on existing uses and adjoining properties, and to protect the public health, safety, and general welfare of citizens. (m) No less than 14 days before the event, the event operator will notify by first class mail, the properties adjoining or across the street from the event site about the event. If the adjacent properties fall within a Homeowner’s Association, the operator shall also notify the Association. The communication will include the event operator’s name, their contact information, the zoning administrator contact information, the dates and times of the event, the number of expected guests and a schedule of any amplified music/sound, fireworks, light show, planned street activities or closures, or similar activities. Prior to the event, the operator shall provide the zoning administrator with an affidavit certifying that such mailings, have been made.

(n) The Town Council may modify the standards of this section, or the conditions imposed by the Zoning Administrator, upon finding the modifications shall not create an unreasonable risk to public health, safety, or welfare, property damage, a public nuisance, or additional public costs or service demands.

(Ordinance 2025-02-0002, 2-20-2025)