Luray City Zoning Code

ARTICLE IV

- DISTRICT REGULATIONS

401. - Low-Density Residential District R-1.

Statement of intent: This district is composed of certain quiet, low-density residential areas plus certain open areas where similar residential development appears likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for family life where there are children, and to prohibit all activities of a commercial nature. To these ends, development is limited to relatively low concentration and permitted uses are limited basically to single unit dwellings providing homes for the residents plus certain additional uses such as schools, parks, churches, and certain public facilities that serve the residents of the district. No home occupations (including room renting) are permitted.

401.1. Uses permitted by right: Only one main building and its accessory buildings may be erected on any lot or parcel of land in Residential District R-1.

(a)

Single-family dwellings.

(b)

Schools.

(c)

Churches.

(d)

Libraries.

(e)

Parks and playgrounds.

(f)

Off-street parking for uses permitted in this district as required by this ordinance.

(g)

Accessory buildings as defined, however, garages or other accessory buildings such as carports, porches and stoops attached to the main building shall be considered part of the main building. No accessory building may be closer than five feet to any property line.

(h)

Public utilities: Poles, lines, distribution transformers, booster and relay stations, pipes, meters, and other facilities necessary for the provision and maintenance of public utilities, including water and sewage facilities.

(i)

Reserved.

(Mo. of 4-10-1995; Ord. of 8-8-2016(1))

(j)

Reserved.

(Ord. of 8-8-2016(1))

(k)

Reserved.

(Mo. of 4-10-1995; Ord. of 8-8-2016(1))

(l)

Reserved.

(Mo. of 4-10-1995; Ord. of 8-8-2016(1))

(m)

Reserved.

(Mo. of 4-10-1995; Ord. of 8-8-2016(1))

(n)

Reserved.

(Mo. of 10-10-2000; Ord. of 9-12-2011, § 3)

(o)

Electronic occupations.

(Ord. of 9-12-2011, § 4)

401.2. Uses permitted by special permit:

(a)

Temporary mobile homes and temporary mobile home parks as set forth in section 508.

(b)

Fire, police, and rescue squad stations.

(c)

Other uses not specifically permitted, which are not expected to be recurring or of general application.

(Ord. of 4-28-1980, § 1)

401.3. Area regulations: The minimum lot area for permitted uses shall be 15,000 square feet, except that private schools must conform to land area requirements of the state board of education.

401.4. Setback regulations: All structures shall be located at least: (a) 35 feet from the front lot line; (b) 35 feet from the edge of any street right-of-way; and (c) 60 feet from the center of any street right-of-way. The line which complies with all of these minimum distances shall be known as the "setback line."

(Ord. of 8-14-2017(1), § 2)

401.5. Frontage regulations: The minimum lot width at the setback line shall be 100 feet.

401.6. Yard regulations:

(a)

Side: Each side yard shall be a minimum of 15 feet.

(b)

Rear: Each rear yard shall have a minimum of 35 feet.

401.7. Height regulations:

(a)

Buildings may be erected up to 2½ stories but not to exceed 35 feet in height except that:

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

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

(b)

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

401.8. Special provisions for corner lots:

(a)

Of the two sides of a corner lot, the owner may determine the front. All area and setback regulations of this section shall apply.

(Mo. of 4-10-1995)

(b)

The side yard on the side facing the side street shall be 35 feet or more for both main and accessory building.

(c)

Each corner lot shall have a minimum width at the setback line of 125 feet.

401.9. Signs: As provided in article VIII.

(Ord. of 8-8-2016(1))

402. - Medium-Density Residential District R-2.

Statement of intent: This district is composed of certain medium concentration of residential uses, plus certain open areas where similar development appear likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage, insofar as compatible with the intensity of land use, a suitable environment for family life composed of an adult population with children. To these ends, development is limited to low-to-medium concentration and permitted uses are limited basically to single unit dwellings plus certain additional uses such as schools, parks, churches and certain public facilities that serve the district. No home occupations are permitted.

402.1. Uses permitted by right: Only one building and its accessory buildings may be erected on any lot or parcel of land in Residential District R-2.

(a)

Single-family dwellings.

(b)

Schools.

(c)

Churches.

(d)

Libraries.

(e)

Parks and playgrounds.

(f)

Off-street parking for uses permitted in this district as required by this ordinance.

(g)

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

(h)

(i)

Reserved.

(Mo. of 4-10-1995; Ord. of 8-8-2016(1))

(j)

Reserved.

(Ord. of 8-8-2016(1))

(k)

Reserved.

(Mo. of 4-10-1995; Ord. of 8-8-2016(1))

(l)

Reserved.

(Mo. of 4-10-1995; Ord. of 8-8-2016(1))

(m)

Reserved.

(Mo. of 4-10-1995; Ord. of 8-8-2016(1))

(n)

Reserved.

(Mo. of 10-10-2000; Ord. of 9-12-2011, § 5)

(o)

Electronic occupations.

(Ord. of 9-12-2011, § 6)

402.2. Uses permitted by special permit:

(a)

Temporary mobile homes and temporary mobile home parks as set forth in section 508.

(b)

Fire, police and rescue squad stations.

(c)

Other uses not specifically permitted, which are not expected to be recurring or of general application.

(Ord. of 4-28-1980, § 1)

(d)

Bed and breakfast home. These regulations are established to allow the rental of bedrooms to guests in bed and breakfast homes while at the same time preserving the historical and residential character of the neighborhoods in which the dwellings are located. Bed and breakfast homes are allowed only along the listed major street to avoid bringing increased traffic and congestion by non-residents into this residential district in order to ensure that the corridor maintains its residential character. Bed and breakfast homes shall be permitted only in single-family attached dwellings.

(1)

Guest registration shall not exceed a period of 14 consecutive calendar days.

(2)

A bed and breakfast home shall have no more than three guest rooms and no more than six guests at any one time. Except that a bed and breakfast home situated on a lot one acre or greater in size shall be allowed no more than six guest rooms and no more than 12 guests. Existing cottages on the premises may be rented and shall be considered a guest room. Children 12 years old and under in the same room shall not be included in the total number of guests.

(3)

At least one off-street parking space shall be provided for each guest room and each outside employee. No more than two parking spaces shall be permitted in the front yard. Parking spaces and driveways shall be constructed of gravel, compacted stone, concrete, asphalt, brick, or paving stones. Parking areas shall be screened and buffered as to preserve the residential character of the premises.

(4)

An identification sign may be allowed on the property, not exceeding four square feet on either side.

(5)

The bed and breakfast home must be occupied and managed by the owner or lessee of the property. Such owners or lessees may employee no more than one outside person to assist with the operation of the bed and breakfast home.

(6)

Meals shall only be served to guests renting bedrooms in the dwelling.

(7)

Applicable provisions of the Uniform Statewide Building Code, the commonwealth board of health, and all other applicable laws, regulations, inspections, and licenses shall be met.

(8)

Transient occupancy tax and meals tax must be collected and remitted to the town.

(9)

The application for a bed and breakfast home shall include a floor plan showing the location of each bedroom to be rented, including its dimensions and floor area, the location of exits and the location of smoke detectors. A site plan shall also be submitted showing the location of the parking to be provided.

(10)

It shall be a violation of this section to advertise for rent to guests any bedroom exceeding the number of bedrooms authorized herein.

(Ord. of 6-9-1997; Res. No. 2005-05-02, 5-9-2005; Ord. of 12-9-2013, § 2)

(e)

Home occupation.

(Ord. of 9-12-2011, § 13)

402.3. Area regulations:

(a)

For lots served by public water and sewage disposal or only public sewage disposal, the minimum lot area shall be 10,000 square feet. The required area for lots with on-site water systems shall be approved by the health official.

(b)

For lots not served by public sewerage systems the minimum lot area shall be 15,000 square feet. The required area for any such use shall be approved by the health official.

402.4. Setback regulations: All structures shall be located at least: (a) 35 feet from the front lot line; (b) 35 feet from the edge of any street right-of-way; and (c) 60 feet from the center of any street right-of-way. The line which complies with all of these minimum distances shall be known as the "setback line."

(Ord. of 8-14-2017(1), § 2)

402.5. Frontage regulations: The minimum lot width at the setback line shall be 75 feet.

402.6. Yard regulations:

(a)

Side: Each minimum side yard shall be a minimum of ten feet.

(b)

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

402.7. Height regulations:

(a)

Buildings may be erected up to 2½ stories but not to exceed 35 feet in height except that:

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

(b)

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

402.8. Special provisions for corner lots:

(a)

Of the two sides of a corner lot, the owner may determine the front. All area and setback regulations of this section shall apply.

(Mo. of 4-10-1995)

(b)

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

(c)

Each corner lot shall have a minimum width at the setback line of 100 feet.

402.9. Signs: As provided in article VIII.

(Ord. of 8-8-2016(1))

403. - High-Density Residential District R-3.

Statement of intent: This district is composed of certain medium to high concentration of residential uses, plus certain open areas where similar development appears likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage, insofar as compatible with the intensity of land use, a suitable environment for family life composed of an adult population with children, and to permit certain commercial uses of a character unlikely to develop general concentration of traffic, crowds of customers, and general outdoor advertising. To these ends, retail activity is sharply limited and this district is protected against encroachment of general commercial or industrial uses. Residential types of structures for both permanent and transient occupancy and including institutions, are permitted plus structures for commercial uses conforming to the pattern of the district.

403.1. Uses permitted by right: In Residential District R-3, structures to be erected or land to be used shall be for one of the following uses:

(a)

Single-family dwellings.

(b)

Two-family dwellings.

(c)

Libraries.

(d)

Reserved.

(Mo. of 4-10-1995)

(e)

Reserved.

(Mo. of 4-10-1995)

(f)

Schools.

(g)

Churches.

(h)

Reserved.

(Ord. of 4-12-1993; Ord. of 12-11-1995)

(i)

Reserved.

(Ord. of 4-12-1993; Mo. of 4-10-1995; Ord. of 12-11-1995)

(j)

Reserved.

(Mo. of 4-10-1995)

(k)

Parks and playgrounds.

(l)

Reserved.

(Ord. of 9-12-2011, § 20)

(m)

Reserved.

(Ord. of 9-12-2011, § 14)

(n)

Off-street parking for permitted uses in this district as required by this ordinance.

(o)

Accessory buildings permitted as defined, however, garages or other accessory structures such as carports, porches, and stoops attached to the main building shall be considered part of the main building. No accessory building may be closer than one foot to any property line.

(p)

(q)

Reserved.

(Mo. of 4-10-1995)

(r)

Reserved.

(Res. No. 2017-12-03, § 1, 12-11-2017)

(s)

Reserved.

(Mo. of 4-10-1995)

(t)

Reserved.

(Mo. of 4-10-1995; Res. No. 2017-12-03, § 1, 12-11-2017)

(u)

Reserved.

(Mo. of 4-10-1995; Ord. of 8-8-2016(1))

(v)

Reserved.

(Mo. of 4-10-1995; Ord. of 8-8-2016(1))

(w)

Reserved.

(Mo. of 4-10-1995; Ord. of 8-8-2016(1))

(x)

Electronic occupations.

(Ord. of 9-12-2011, § 7)

403.2. Uses permitted by special permit:

(a)

General hospitals and special care hospitals.

(b)

Temporary mobile homes and temporary mobile home park as set forth in section 508.

(c)

Fire, police, and rescue squad stations.

(d)

Other uses not specifically permitted, which are not expected to be recurring or of general application.

(Ord. of 4-28-1980, § 1)

(e)

Manufactured home, if it meets the following requirements:

If it is a structure, transportable in two or more sections, which in the traveling mode is ten body feet or more in width or 40 body feet or more in length, or when erected on site is 800 or more square feet, and which is built on a permanent chassis and designed to be used as a single-family dwelling with a permanent foundation when connected to the required utilities, and includes the plumbing, heating and electrical systems contained therein.

The special use permit application must be reviewed by the Luray Planning Commission and approved by the Luray Town Council.

The axles, wheels and towbar/hitch must be removed.

The roof must be constructed of shingles, or other materials customarily and normally used for conventional dwelling roofing, and must be approved by the planning commission and the Luray Town Council.

The underpinning shall consist of a permanent, continuous masonry foundation.

Siding must be of any material commonly used in conventional homes.

Front, rear and all other steps and landings must be constructed in accordance with all legal requirements.

All other Town of Luray zoning requirements must be met.

(Ord. of 3-12-1990; Ord. of 8-12-1991, § 2)

(f)

Homes for adults.

(Ord. of 12-11-1995)

(g)

Bed and breakfast home. These regulations are established to allow the rental of bedrooms to guests in bed and breakfast homes while at the same time preserving the residential character of the neighborhoods in which the dwellings are located. Bed and breakfast homes shall be permitted only in single-family detached dwellings. Approval for a bed and breakfast home shall be subject to the following:

(1)

Guest registration shall not exceed a period of 14 consecutive calendar days.

(2)

(3)

(4)

An identification sign may be allowed on the property, not exceeding four square feet on either side.

(5)

(6)

Meals shall only be served to guests renting bedrooms in the dwelling.

(7)

Applicable provisions of the Uniform Statewide Building Code, the commonwealth board of health, and all other applicable laws, regulations, inspections, and licenses shall be met.

(8)

Transient occupancy tax and meals tax must be collected and remitted to the town.

(9)

(10)

It shall be a violation of this section to advertise for rent to guests any bedroom exceeding the number of bedrooms authorized herein.

(Ord. of 6-9-1997; Res. No. 2005-05-02, 5-9-2005)

(h), (i)

Reserved.

(j)

Clubs and lodges.

(Mo. of 4-10-1995)

(k)

Accessory dwelling units, as set forth in article V, section 516.

(Ord. of 5-11-2009(2), § 1)

(l)

Home occupation.

(Ord. of 9-12-2011, § 15)

(m)

Professional offices.

(Ord. of 9-12-2011, § 21)

(n)

Lodging houses.

(Res. No. 2017-12-02, § 1, 12-11-2017)

403.3. Area regulations:

(a)

For lots served by public water and sewage disposal or only with public sewer, the minimum lot area shall be 7,000 square feet, plus 3,000 square feet for each additional dwelling unit. The health official shall approve all lot sizes for lots having either on-site water and/or on-site sewer systems.

(b)

For two-family dwellings arranged side-by-side, each unit shall be assigned 5,000 square feet on the lot.

(c)

For lots containing or intended to contain a single-family dwelling not served by public sewerage systems, the minimum lot area shall be 15,000 square feet. The required area for any such use shall be approved by the health official. All other permitted uses shall be served by public water and sewerage systems.

403.4 Setback regulations: All structures shall be located at least: (a) 35 feet from the front lot line; (b) 35 feet from the edge of any street right-of-way; and (c) 60 feet from the center of any street right-of-way. The line which complies with all of these minimum distances shall be known as the "setback line."

(Ord. of 8-14-2017(1), § 2)

403.5. Frontage regulations: The minimum lot width at the setback line shall be 60 feet, and for each additional dwelling unit above one there shall be at least ten feet of additional lot width at the setback line.

403.6. Yard regulations:

(a)

Side: The minimum side yard shall be ten feet.

(b)

Rear: The minimum rear yard shall be 25 feet.

403.7. Height regulations: Buildings may be erected up to 2½ stories but not to exceed 35 feet in height except that:

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

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

403.8. Special provisions for corner lots:

(a)

Of the two sides of a corner lot, the owner may determine the front. All area and setback regulations of this section shall apply.

(Mo. of 4-10-1995)

(b)

The side yard on the side facing the side street shall be 20 feet or more for both main and accessory buildings.

403.9. Signs: As provided in article VIII.

(Ord. of 8-8-2016(1))

404. - High-Density Residential (Boomfield) District R-4.

404.1. Uses permitted by right: In Residential District R-4, structures to be erected on land to be used shall be for one of the following uses:

(a)

Single-family dwellings.

(b)

Two-family dwellings.

(c)

Libraries.

(d)

Reserved.

(Mo. of 4-10-1995)

(e)

Reserved.

(Mo. of 4-10-1995)

(f)

Schools.

(g)

Churches.

(h)

Reserved.

(Ord. of 4-12-1993; Ord. of 12-11-1995)

(i)

Reserved.

(Ord. of 4-12-1993; Ord. of 12-11-1995)

(j)

Reserved.

(Mo. of 4-10-1995)

(k)

Parks and playgrounds.

(l)

Reserved.

(Ord. of 9-12-2011, § 22)

(m)

Reserved.

(Ord. of 9-12-2011, § 16)

(n)

Off-street parking for uses permitted in this district as required by this ordinance.

(o)

(p)

(q)

Reserved.

(Mo. of 4-10-1995)

(r)

Reserved.

(Res. No. 2017-12-03, § 2, 12-11-2017)

(s)

Reserved.

(Mo. of 4-10-1995)

(t)

Reserved.

(Mo. of 4-10-1995; Res. No. 2017-12-03, § 2, 12-11-2017)

(u)

Reserved.

(Mo. of 4-10-1995; Ord. of 8-8-2016(1))

(v)

Reserved.

(Mo. of 4-10-1995; Ord. of 8-8-2016(1))

(w)

Reserved.

(Mo. of 4-10-1995; Ord. of 8-8-2016(1))

(x)

Electronic occupations.

(Ord. of 9-12-2011, § 8)

404.2. Uses permitted by special permit:

(a)

General hospitals and special care hospitals.

(b)

Temporary mobile homes and temporary mobile home parks as set forth in section 508.

(c)

Fire, police, and rescue squad stations.

(d)

Other uses not specifically permitted, which are not expected to be recurring or of general application.

(Ord. of 4-28-1980, § 1)

(e)

Manufactured home, if it meets the following requirements:

The special use permit application must be reviewed by the Luray Planning Commission and approved by the Luray Town Council.

The axles, wheels and towbar/hitch must be removed.

The underpinning shall consist of a permanent, continuous masonry foundation.

Siding must be of any material commonly used in conventional homes.

Front, rear and all other steps and landings must be constructed in accordance with all legal requirements.

All other Town of Luray zoning requirements must be met.

(Ord. of 3-12-1990; Ord. of 8-12-1991, § 3)

(f)

Homes for adults.

(Ord. of 12-11-1995)

(g)

(1)

Guest registration shall not exceed a period of 14 consecutive calendar days.

(2)

(3)

(4)

An identification sign may be allowed on the property, not exceeding four square feet on either side.

(5)

(6)

Meals shall only be served to guests renting bedrooms in the dwelling.

(7)

Applicable provisions of the Uniform Statewide Building Code, the commonwealth board of health, and all other applicable laws, regulations, inspections, and licenses shall be met.

(8)

Transient occupancy tax and meals tax must be collected and remitted to the town.

(9)

The application for a bed and breakfast home shall include a floor plan showing the location of each bedroom to be rented, including its dimensions and floor area, the location of exists and the location of smoke detectors. A site plan shall also be submitted showing the location of the parking to be provided.

(10)

It shall be a violation of this section to advertise for rent to guests any bedroom exceeding the number of bedrooms authorized herein.

(Ord. of 6-9-1997; Res. No. 2005-05-02, 5-9-2005)

(h), (i)

Reserved.

(j)

Clubs and lodges.

(Mo. of 4-10-1995)

(l)

Home occupation.

(Ord. of 9-12-2011, § 17)

(m)

Professional offices.

(Ord. of 9-12-2011, § 23)

(n)

Triplex.

(Mo. of 12-14-2015)

(o)

Reserved.

(Res. No. 2017-12-02, § 2, 12-11-2017; Ord. of 9-9-2024, § 2)

404.3. Area regulations:

(a)

For a single family dwelling, the minimum lot area shall be 6,000 square feet.

(b)

For two-family dwellings arranged side-by-side, the minimum lot area shall be 7,000 square feet. Each unit shall be assigned 3,500 square feet on the lot. A lot containing a two-family dwelling arranged side-by-side may be further divided into separate parcels for each dwelling unit, provided that the resulting lot size for each dwelling unit is a minimum of 3,500 square feet, and provided further that there be a firewall meeting all legal and regulatory requirements between the two dwellings.

(Ord. of 8-10-1992)

(c)

Triplex units arranged side-by-side can be divided into lot sizes as deemed appropriate; provided the units are located on a lot with a minimum aggregate size of 10,000 square feet, and contains a firewall between individual dwelling units. A triplex unit shall possess a minimum of 75 feet of lot width at the setback line, and no individual unit/lot shall possess less than 20 feet of lot width.

(Mo. of 12-14-2015; Ord. of 1-9-2017(1))

404.4. Setback regulations: All structures shall be located at least: (a) 15 feet from the front lot line; (b) 15 feet from the edge of any street right-of-way; and (c) 40 feet from the center of any street right-of-way. The line which complies with all of these minimum distances shall be known as the "setback line."

(Ord. of 8-14-2017(1), § 3)

404.5. Frontage regulations: The minimum lot width at the setback line shall be 50 feet.

404.6. Yard regulations:

(a)

Each side yard shall be a minimum of five feet.

(b)

The minimum rear yard shall be 25 feet.

404.7. Height regulations: Buildings may be erected up to 2½ stories but not to exceed 35 feet in height from grade except that:

404.8. Special provisions for corner lots:

(a)

Of the two sides of a corner lot, the owner may determine the front. All area and setback regulations of this section shall apply.

(Mo. of 4-10-1995)

(b)

The side yard facing the side street shall be a minimum of five feet.

404.9. Signs: As provided in article VIII.

(Ord. of 8-8-2016(1))

405. - Townhouse and Apartment Residential District R-5.

Statement of intent: This district is intended to be composed of some of the highest residential densities in the Town of Luray. The regulations for this district are designed to promote and encourage, insofar as compatible with the intensity of land use, a suitable environment for family life composed of an adult population with children. Various types of residential structures for permanent occupancy are permitted along with institutional uses. This is the only residential district in Luray in which apartments and townhouses are permitted.

405.1. Uses Permitted by right: In Residential District R-5, structures to be erected on land to be used shall be for one of the following uses:

(a)

Single-family dwellings.

(b)

Two-family dwellings.

(c)

Libraries.

(d)

Schools.

(e)

Churches.

(f)

Parks and playgrounds.

(g)

Off-street parking for uses permitted in this district as required by this ordinance.

(h)

(i)

Public utilities: Poles, lines, distribution transformers, booster relay stations, pipes, meters, and other facilities necessary for the provision and maintenance of public utilities, including water and sewerage facilities.

(j)

Reserved.

(Ord. of 8-8-2016(1))

(k)

Reserved.

(Mo. of 4-10-1995; Ord. of 8-8-2016(1))

(l)

Reserved.

(Mo. of 4-10-1995; Ord. of 8-8-2016(1))

(m)

Reserved.

(Mo. of 4-10-1995; Ord. of 8-8-2016(1))

(n)

Reserved.

(Mo. of 4-10-1995; Ord. of 8-8-2016(1))

(o)

Garden apartments in accordance with section 511.

(p)

Electronic office.

(Mo. of 10-10-2000)

(q)

Townhouses in accordance with section 510.

(Ord. No. 2006-07-02, § 1, 7-10-2006)

(r)

Electronic occupations.

(Ord. of 9-12-2011, § 9)

405.2. Uses permitted by special permit:

(a)

Temporary mobile homes and temporary mobile home parks as set forth in section 508.

(b)

Fire, police, and rescue squad stations.

(c)

Other uses not specifically permitted, which are not expected to be recurring or of general application.

(Ord. of 4-28-1980, § 1)

(d)

Reserved.

(Res. No. 2017-12-02, § 3, 12-11-2017; Ord. of 9-9-2024, § 2)

405.3. Area regulations:

(a)

For lots served by public water and sewage disposal, the minimum lot area shall be 7,000 square feet.

(b)

For two-family units, for lots served by public water and sewage disposal, the minimum lot area shall be 10,000 square feet.

(Mo. of 4-10-1995)

(c)

For two-family dwelling units arranged side-by-side, each unit shall be assigned 5,000 square feet on the lot.

(d)

For townhouses, see section 510.

(e)

For garden apartments, see section 511.

405.4 Setback regulations: All structures shall be located at least: (a) 35 feet from the front lot line; (b) 35 feet from the edge of any street right-of-way; and (c) 60 feet from the center of any street right-of-way. The line which complies with all of these minimum distances shall be known as the "setback line."

(Ord. of 8-14-2017(1), § 2)

405.5. Frontage regulations: The minimum lot width at the setback line shall be 60 feet, and for each additional dwelling unit above one there shall be at least ten feet of additional lot width at the setback line. (Unless as otherwise specified for townhouses and garden apartments.)

405.6. Yard regulations:

(a)

Side: The minimum side yard shall be ten feet.

(b)

Rear: The minimum rear yard shall be 25 feet. (Unless as otherwise specified for townhouses and garden apartments.)

405.7. Height regulations: Buildings may be erected up to 2½ stories but not to exceed 35 feet in height from grade except that:

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

405.8. Special provisions for corner lots:

(a)

Of the two sides of a corner lot, the owner may determine the front. All area and setback regulations of this section shall apply.

(Mo. of 4-10-1995)

(b)

The side yard on the side facing the side street shall be 20 feet or more for both main and accessory buildings. (Unless as otherwise specified for townhouses and garden apartments.)

405.9. Signs: As provided in article VIII.

(Ord. of 8-8-2016(1))

406. - Business District B-1.

Statement of intent: Generally this district covers that portion of the community intended for the conduct of general business to which the public requires direct and frequent access, but which is not characterized either by constant heavy trucking other than stocking and delivery of light retail goods, or by any nuisance factors other than occasioned by incidental light and noise due to the congregation of people and passenger vehicles.

406.1. Uses permitted by right: In Business District B-1, structures to be erected or land to be used shall be for one or more of the following:

(a)

Retail food stores.

(b)

Bakeries.

(c)

Drycleaners.

(d)

Laundries or laundromats.

(e)

Wearing apparel stores.

(f)

Drugstores.

(g)

Barber and beauty shops.

(h)

Auto and home appliance services.

(i)

Theaters, assembly halls.

(j)

Hotels and motels.

(Mo. of 4-10-1995)

(k)

Office buildings (see professional offices).

(Ord. of 9-12-2011, § 24)

(l)

Churches.

(m)

Libraries.

(n)

Hospitals, general.

(o)

Animal hospital or clinic, veterinary office.

(p)

Funeral homes.

(q)

Services stations (with major repair under cover), and garages.

(r)

Clubs and lodges.

(s)

Auto sales and service.

(t)

Lumber and building supply (with storage under cover).

(u)

Plumbing and electrical supply (with storage under cover).

(v)

Machinery sales and service.

(w)

Furniture stores.

(x)

Restaurants.

(y)

Public utilities.

(z)

Commercial recreation, tourist and scenic attractions.

(aa)

Off-street parking for permitted uses in this district as required by this ordinance.

(bb)

Single-family dwellings constructed prior to October, 1977 when used as a residential single-family dwelling.

(Ord. of 10-15-2019)

(cc)

Artisan food and beverage—Maximum size of individual production establishment is 2,000 square feet of gross floor area per establishment.

(Ord. of 8-10-2020)

(dd), (ee)

Reserved.

(Res. No. 2017-12-05, § 1, 12-11-2017)

(ff)

Pet stores.

(Ord. of 9-17-1990)

(gg)

Banks.

(Ord. of 9-17-1990)

(hh)

Photographers, photographic services.

(Ord. of 11-12-1990)

(ii)

Bookstore.

(Ord. of 11-12-1990)

(jj)

General retail stores.

(Mo. of 4-10-1995)

(kk)

Businesses for the rental or sale of equipment of all sizes and designs and rental of supplies or any other items, except that no equipment or other items for rental or sale shall be stored outside.

(Mo. of 11-8-1999)

(ll)

Country inn.

(Res. No. 2005-05-02, 5-9-2005)

(mm)

Small winery operation.

(Ord. of 5-10-2010, § 2)

(nn)

Microbrewery.

(Ord. of 5-10-2010, § 2)

(oo)

Electronic occupations.

(Ord. of 9-12-2011, § 10)

(pp)

Home occupation.

(Ord. of 9-12-2011, § 18)

(qq)

Mixed-use development.

(Ord. of 5-9-2016(1), § 2)

(rr)

Schools.

(Ord. of 3-13-2017(1))

(ss)

Bed and breakfast homes.

(Ord. of 5-8-2017, § 3)

(tt)

Lodging houses.

(Ord. of 5-8-2017, § 3)

(uu)

Accessory buildings.

(Res. No. 2017-12-05, § 2, 12-11-2017)

406.2. Uses permitted by special permit:

(a)

Apartment houses.

(b)

Wholesale houses.

(Mo. of 4-10-1995)

(c)

Public billiard parlors and poolroom, bowling alleys, dance halls, and similar forms of public amusement. The governing body shall request that the planning commission submit a recommendation to it concerning such use applications. In approving any such application, the governing body may establish such special requirements and regulations for the protection of adjacent property, set the hours of operation, and make requirements as it may deem necessary in the public interest.

(d)

Temporary mobile homes and temporary mobile home parks as set forth in section 508.

(e)

Fire, police, and rescue squad stations.

(f)

Other uses not specifically permitted, which are not expected to be recurring or of general application.

(Ord. of 4-28-1980, § 1)

(g)

Manufactured home, if it meets the following requirements:

If it is a structure, transportable in two or more sections, which in the traveling mode in ten body feet or more in width or 40 body feet or more in length, or when erected on site is 800 or more square feet, and which is built on a permanent chassis and designed to be used as a single-family dwelling with a permanent foundation when connected to the required utilities, and includes the plumbing, heating and electrical systems contained therein.

The special use permit application must be reviewed by the Luray Planning Commission and approved by the Luray Town Council.

The axles, wheels and towbar/hitch must be removed.

The underpinning shall consist of a permanent, continuous masonry foundation.

Siding must be of any material commonly used in conventional homes.

Front, rear and all other steps and landings must be constructed in accordance with all legal requirements.

All other Town of Luray zoning requirements must be met.

(Ord. of 3-12-1990; Ord. of 8-12-1991, § 4)

(h)

Single-family dwellings not permitted by right in section 406.1(bb).

(Amendment of 12-9-1991; Ord. of 10-15-2019)

(i)

Preschool, child care facilities.

(Ord. of 7-9-1990, § 2)

(j)

Mini-storage units.

(Ord. of 12-11-1989)

(k)

Homes for adults.

(Ord. of 4-12-1993)

(l)

Reserved.

(Ord. of 6-9-1997; Res. No. 2005-05-02, 5-9-2005; Ord. of 8-8-2016(1); Ord. of 5-8-2017, § 4)

(m)

Two-family dwellings.

(Ord. of 8-11-1997)

(n)

Townhouses for sale or rental in accordance with section 510.

(Ord. of 8-11-1997)

(o)

Tattoo parlor.

(Ord. of 10-13-2009, § 2)

(p)

Artisan manufacturing—Maximum size of individual production establishment is 4,000 square feet of gross floor area per establishment.

Intended business:

Breweries and distilleries.

Food production—Coffee roasters, popcorn, bakery, confectionaries.

Apparel.

Furniture.

Sporting goods.

Jewelry/watches.

Artisans/crafters.

Personal hygiene/makeup—Soap, makeup.

Glass blowing.

3-D printing.

(Ord. of 8-10-2020)

406.3. Area regulations: None.

406.4. Setback regulations: None.

406.5. Frontage and yard regulations: For permitted uses, the minimum side yard or rear yard adjoining or adjacent to a residential district shall be 25 feet and off-street parking shall be in accordance with the provisions contained herein.

406.6. Height regulations:

(a)

Buildings may be erected up to 45 feet in height from grade.

(b)

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

406.7. Requirements for permitted uses: Before a building permit shall be issued or construction commenced on any permitted use in this district, or a permit issued for a new use, detailed site plans (three copies) in sufficient detail to show the operations and processes shall be submitted to the zoning administrator for study. The administrator may refer these plans to the planning commission for their recommendations. Modification of the plans may be required. A use permitted by special permit shall also receive approval or rejection by the town council. Such site plan shall be proposed in accordance with section 515.

406.8. Signs: As provided in article VIII.

(Ord. of 8-8-2016(1))

407. - Limited Industrial District M-1.

Statement of intent: The preliminary purpose of this district is to permit certain industries to locate adjacent to residential uses, without harming such residential property.

407.1. Uses permitted by special permit: In Industrial District M-1 any structure to be erected or land to be used shall be for one or more of the following uses:

(a)

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

(b)

Automobile assembling, painting, upholstering, repairing, rebuilding, reconditioning, body and fender work, truck repairing or overhauling, tire retreading or recapping or battery manufacture.

(c)

Blacksmith shop, welding or machine shop, excluding punch presses exceeding 40 ton rated capacity and drop hammers.

(d)

Laboratories, pharmaceutical and/or medical.

(e)

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

(f)

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

(g)

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

(h)

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

(i)

Building material sales yards, plumbing supplies storage.

(j)

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

(k)

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

(l)

Cabinet, furniture and upholstery shops.

(m)

Boat building.

(n)

Stone monument works.

(o)

Veterinary hospital, kennels.

(p)

Wholesale businesses, storage warehouses.

(q)

Off-street parking for permitted uses in the district as required by this ordinance.

(r)

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

(s)

Reserved.

(Ord. of 8-8-2016(1))

(t)

Reserved.

(Ord. of 8-8-2016(1))

(u)

Reserved.

(Ord. of 8-8-2016(1))

(v)

Airports.

(w)

Temporary mobile homes and temporary mobile home parks as set forth in section 508.

(x)

Fire, police, and rescue squad stations.

(y)

Other uses not herein specifically listed.

(Ord. of 4-28-1980, § 2)

(z)

Small winery operation.

(Ord. of 5-10-2010, § 3)

(aa)

Microbrewery.

(Ord. of 5-10-2010, § 3)

(bb)

Lodging houses.

(Res. No. 2017-12-02, § 4, 12-11-2017)

407.2. Requirements for permitted uses:

(a)

Before a building permit, or special use permit, shall be issued or construction commenced on any enumerated use in this district, or a special permit issued for a new use, the plans (three copies), in sufficient detail to show the operations and processes, shall be submitted to the zoning administrator for study. Modifications of the plans may be required. Site plans shall be prepared in accordance with section 515.

(b)

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

(c)

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

(d)

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

(e)

Automobile graveyards and junkyards in existence at the time of the adoption of this ordinance are to be considered as nonconforming uses. They shall be allowed up to three years after adoption of this ordinance in which to completely screen, on any side open to view from a public road, the operation or use by a masonry wall, a uniformly painted solid board fence or an evergreen hedge six feet in height. They shall comply with all other regulations for nonconforming uses of land.

(Ord. of 4-28-1980, § 4)

407.3. Area regulations: The minimum lot area shall be 10,000 square feet.

407.4. Setback regulations: All structures shall be located at least (a) 20 feet from the front lot line; (b) 20 feet from the edge of any street right-of-way; and (c) 45 feet from the center of any street right-of-way. The line which complies with all of these minimum distances shall be known as the "setback line."

(Ord. of 8-14-2017(1), § 4)

407.5. Frontage regulations: None.

407.6. Yard regulations: For permitted uses the minimum side yard adjoining or adjacent to a residential district shall be 20 feet. The side yard of all corner lots shall be 20 feet or more. A rear yard adjacent to a residential district shall be a minimum of 20 feet.

407.7. Height regulations: Buildings may be erected up to a height of 45 feet. Chimneys, flues, cooling towers, flag poles, radio or communication towers or their accessory facilities not normally occupied by workmen are excluded from this limitation. Parapet walls are permitted up to four feet above the limited height of the building on which the walls rest.

407.8. Signs: As provided in article VIII.

(Ord. of 8-8-2016(1))

408. - Floodplain Conservation.

408.1. General provisions.

Statutory authorization and purpose: This ordinance is adopted pursuant to the authority granted to localities by Code of Virginia, § 15.2-2280.

408.2. Purpose. The purpose of these provisions is to prevent the loss of life and property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief and the impairment of the tax base by:

(a)

Regulating uses, activities and development which, alone or in combination with other existing or future uses, activities and development, will cause unacceptable increases in flood heights, velocities and frequencies.

(b)

Restricting or prohibiting certain uses, activities and development from locating within districts subject to flooding.

(c)

Requiring all those uses, activities and developments that do occur in flood-prone districts to be protected and/or flood proofed against flooding and flood damage.

(d)

Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards.

408.3. Applicability. These provisions shall apply to all lands within the jurisdiction of the Town of Luray (VA) and identified as being in the 100-year floodplain by the Federal Insurance Administration.

408.4. Compliance and liability.

(a)

No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged or structurally altered except in full compliance with the terms and provisions of this section and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this section.

(b)

The degree of flood protection sought by the provisions of this section is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This section does not imply that districts outside the floodplain district or that land uses permitted within such district will be free from flooding or flood damages.

(c)

This section shall not create liability on the part of the Town of Luray or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

408.5. Abrogation and greater restrictions. This ordinance supersedes any ordinance currently in effect in flood-prone districts. Any ordinance, however, shall remain in full force and effect to the extent that its provisions are more restrictive.

408.6. Records. Records of actions associated with administering this ordinance shall be kept on file and maintained by the floodplain administrator.

408.7. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance shall be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this ordinance. The remaining portions shall remain in full force and effect; and for this purpose, the provisions of this ordinance are hereby declared to be severable.

408.8. Penalties.

(a)

Any person who fails to comply with any of the requirements or provisions of this section or directions of the floodplain administrator or any other authorized employee of the Town of Luray shall be guilty of a misdemeanor of the first class and subject to the penalties of up to $2,500.00 or imprisonment for not more than 12 months, or both.

(b)

In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this section. The imposition of a fine or penalty for any violation of or noncompliance with this section shall not excuse the violation or noncompliance to permit it to continue, and all such persons shall be required to correct or remedy such violations or noncompliance within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this section may be declared by the town council to be a public nuisance and abatable as such. Flood insurance may be withheld from structures constructed in violation of this section.

408.9. Definitions. As used in this section, the following terms shall have the meanings indicated:

Base flood/100-year flood. The flood having a one percent chance of being equaled or exceeded in any given year.

Base flood elevation. The Federal Emergency Management Agency designated one percent annual chance water surface elevation and the elevation determined per section 408.10(1)a.3. The water surface elevation of the base flood in relation to the datum specified on the community's flood insurance rate map. For the purposes of this ordinance, the base flood is 100-year flood or one percent annual chance flood.

Basement. Any area of the building having its floor sub-grade (below ground level) on all sides.

Board of zoning appeals. The board appointed to review appeals made by individuals with regard to decisions of the zoning administrator in the interpretation of this section.

Development. Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of manufactured homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging, drilling operations or storage of equipment or materials.

Existing manufactured home park or subdivision. A manufactured home or subdivision which the construction of facilities for servicing the lots on which the manufactured homes are affixed (including, at a minimum, the installation of utilities, the constructions of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of this chapter.

Expansion to an existing manufactured home park or subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are affixed (including, at a minimum, the installation of utilities, the constructions of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of this chapter.

Flood or flooding.

(1)

A general or temporary condition of partial or complete inundation of normally dry land areas from:

The overflow of inland or tidal waters; or,

The unusual and rapid accumulation or runoff of surface waters from any source.

Mudflows which are proximately caused by flooding as defined in paragraph (1)b. of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

(2)

The collapse or subsidence of land along the shore of a lake or other similar body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (1)a. of this definition.

Flood insurance rate map (FIRM). An official map of a community, on which the Federal Emergency Management Agency has delineated both the special hazard areas, the base flood elevations, and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM).

Flood insurance study (FIS). A report by FEMA that examines, evaluates and determines flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudflow and/or flood-related erosion hazards.

Floodplain or flood-prone area. Any land area susceptible to being inundated by water from any source.

Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Floodproofing. Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate the risk of flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Historic structure. Any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historical district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3)

Individually listed on a State Inventory of Historic Places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified:

By an approved state program as determined by the Secretary of the Interior; or

Directly by the Secretary of the Interior in states without approved programs.

Lowest floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of Federal Code 44CFR §60.3.

Manufactured home. A structure subject to federal regulations which is transportable in one or more sections; is eight body feet or more in width and 40 body feet or more in length in the traveling mode or is 320 or more square feet when erected on site; is built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a foundation, when connected to the required utilities; and includes the plumbing, heating, air conditioning and electrical systems contained in the structure.

Manufactured home park/subdivision. A parcel (or contiguous parcels) of land divided into two or more lots for rent or sale.

New construction. For the purposes of determining insurance rates, structures for which the start of construction commenced on or after September 2, 1981, and includes any subsequent improvements to such structures; for floodplain management purposes, new construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

Recreational vehicle. A vehicle which is:

(1)

Built on a single chassis;

(2)

400 square feet or less when measured at the largest horizontal projection;

(3)

Designed to be self-propelled or permanently towable by a light-duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel or seasonal use.

Special flood hazard area. An area having special flood, mudflow, or flood-related erosion hazards, and shown on a flood hazard boundary map or a flood insurance rate map as zone A, AO, A2-30, AE, A99, AH, AR, AR/A, AR/AH, AAR/AO, AR/A1-A30, V1-V30, VE, or V. For the purpose of determining community rating system premium discounts, all AR and A99 zones are treated as non-SFHAs.

Start of construction. The date the building permit was issued, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement footing, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of any accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual "start of construction" means the first alteration on any wall, ceiling, floor or other structural part of a building, whether or not the alteration affects the external dimensions of the building.

Structure. For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement. Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

(1)

Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

(2)

Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

Violation. The failure of any future structure or other future development to be fully compliant with the community's floodplain management regulations. Any future structure or other future development without the elevation certificate, other certifications, or other evidence of compliance required in by this Code is presumed to be in violation until such time as that documentation is provided.

408.10. Establishment of zoning districts.

(1)

Description of districts.

Basis of districts. The various floodplain districts shall include areas subject to inundation by waters of the 100-year flood. The basis for the delineation of these districts shall be the flood insurance study (FIS), for Page County, and the FIRM prepared by the Federal Emergency Management Agency, Federal Insurance Administration, dated January 5, 2007, as amended and any subsequent revisions or amendments thereto, and the Flood Hazard Analysis of the Hawksbill Creek Watershed, prepared by the Department of Agriculture and Soil Conservation Service, dated August 1977. In case of a conflict, the more stringent delineation controls.

The Floodway District is delineated, for the purposes of this section, using the criterion that certain areas within the floodplain must be capable of carrying the waters of the 100-year flood without increasing the water surface elevation of that flood more than one foot at any one point. The areas included in this district are specifically defined in Table II of the above-referenced flood insurance study and shown on the accompanying flood boundary and floodway map or the flood insurance rate map.

The Flood-Fringe District shall be that area of the 100-year floodplain not included in the Floodway District. The basis for the outermost boundary of the district shall be the 100-year flood elevations contained in the flood profiles in the above-referenced Flood Insurance Study and as shown on the accompanying flood insurance rate map, plus one foot.

The Approximated Floodplain District shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a 100-year floodplain boundary has been approximated. Such areas are shown as zone A on the maps accompanying the flood insurance study. For these areas, the 100-year flood elevations floodway information from federal, state and other acceptable sources shall be used, when available. Where the specific 100-year flood elevation cannot be determined for this area using other sources of data, such as the United States Army Corps of Engineers Floodplain Information Reports, the United States Geological Survey Flood-Prone Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the County of Page.

Overlay concept.

The floodplain districts described above shall be overlays to the existing underlying districts as shown on the official zoning ordinance map, and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions.

In the event of any conflict between the provisions or requirements of the floodplain districts and those of any underlying district, the more restrictive provisions and/or those pertaining to the floodplain districts shall apply.

In the event that any provision concerning a floodplain district is declared inapplicable as a result of any legislative or administrative actions or judicial decision, the basic underlying provisions shall remain applicable.

Official zoning map. The boundaries of the floodplain districts are established as shown on the flood insurance rate map, which is declared to be a part of this chapter and which shall be kept on file at the administrative offices.

District boundary changes. The delineation of any of the floodplain districts may be revised by the town council where natural or man-made changes have occurred and/or where more detailed studies have been conducted or undertaken by the United States Army Corps of Engineers or other qualified agency or an individual documents the need for a change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration.

Interpretation of district boundaries. Initial interpretations of the boundaries of the floodplain districts shall be made by the floodplain administrator or their designee. Should a dispute arise concerning the boundaries of any of the districts, the board of zoning appeals shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the board and to submit his own technical evidence if he so desires.

408.11. District provisions.

(1)

Permit requirement. All uses, activities and development occurring within any floodplain district including placement of manufactured homes shall be undertaken only upon the issuance of a zoning permit. Such development shall be undertaken only in strict compliance with the provisions of this section and with all other applicable codes and ordinances, such as the Virginia Uniform Statewide Building Code. and Town Code sections 101 through section 610, Subdivisions, of the Town of Luray. Prior to the issuance of any such permit, the floodplain administrator or their designee shall require all applications to include compliance with all applicable state and federal laws. Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facility or system.

(2)

Site plans and permit applications. All applications for development within any floodplain district and all building permits issued for the floodplain shall incorporate the following information:

The elevation of the base flood at the site.

The elevation of the lowest floor (including basement).

For structures to be floodproofed (non-residential only), the elevation to which the structure will be floodproofed.

Topographic information showing existing and proposed ground elevations.

(3)

Alteration or relocation of watercourse. Prior to any proposed alteration or relocation of any channels or of any watercourse, stream, etc., within this jurisdiction, a permit shall be obtained from the United States Army Corps of Engineers, the Virginia State Water Control Board and the Virginia Marine Resources Commission (a joint permit application is available from any of these organizations). Furthermore, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the Division of Soil and Water Conservation (Department of Conservation and Recreation) and the Federal Insurance Administration.

(4)

General provisions: The following provisions shall apply to all permits:

New construction and substantial improvements shall be according to the VA USBC, and anchored to prevent flotation, collapse or lateral movement of the structure.

Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state anchoring requirements for resisting wind forces.

New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.

Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.

New construction proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;

New construction proposals shall have adequate drainage provided to reduce exposure to flood hazards; and

Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.

(5)

Elevation. For structures to be elevated, the elevation of the lowest floor (including basement) must meet the following conditions:

New construction or substantial improvement of any residential structure (including manufactured homes) in zones A1-30, AE, AH and A with detailed base flood elevations shall have the lowest floor, including basement, elevated to or above the base flood level.

Space below the lowest floor: In zones A, AE, AH, AO, and A1-A30, fully enclosed areas, of new construction or substantially improved structures, which are below the regulatory flood protection elevation shall:

Not be designed or used for human habitation, but shall only be used for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator);

Be constructed entirely of flood resistant materials below the regulatory flood protection elevation;

Include measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet the following minimum design criteria:

Provide a minimum of two openings on different sides of each enclosed area subject to flooding.

ii.

The total net area of all openings must be at least one square inch for each square foot of enclosed area subject to flooding.

iii.

The bottom of all required openings shall be no higher than one foot above the adjacent grade.

iv.

Openings may be equipped with screens, louvers, or other opening coverings or devices, provided they permit the automatic flow of floodwaters in both directions.

Foundation enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires openings as outlined above.

(6)

For structures to be floodproofed (nonresidential only), the elevation to which the structure will be floodproofed.

New construction or substantial improvement of any commercial, industrial, or non-residential building (or manufactured home) shall have the lowest floor, including basement, elevated to or above the base flood level. Buildings located in all A1-30, AE, and AH zones may be flood-proofed in lieu of being elevated provided that all areas of the building components below the elevation corresponding to the BFE plus one foot are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification, including the specific elevation (in relation to mean sea level) to which such structures are flood proofed, shall be maintained by Page County Floodplain Administer or their designee.

(7)

The elevation of the 100-year flood.

Base flood elevation data shall be obtained from other sources including licensed surveyors or developed using detailed methodologies comparable to those contained in a FIS for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed 50 lots or five acres, whichever is the lesser.

(8)

Topographic information showing existing and proposed ground elevations.

Manufactured homes. Manufactured homes that are placed or substantially improved on sites shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

Recreational vehicles. Recreational vehicles placed on sites shall either:

Be on the site for fewer than 180 consecutive days and be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect-type utilities and security devices and has no permanently attached additions); or

Meet the permit requirements for placement and elevation and anchoring requirements for manufactured homes in section 408.11(8)a. above.

(9)

Floodway District. In the Floodway District, no encroachments, including fill, new construction, substantial improvements or other development, shall be permitted unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in the 100-year flood elevation.

Permitted uses. In the Floodway District, the following uses and activities are permitted, provided that they are in compliance with the provisions of the underlying area and are not prohibited by any other ordinance, and provided that they do not require structures, fill or storage of materials and equipment:

Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting.

Public and private recreational uses and activities, such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, horseback riding and hiking trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet game ranges and hunting and fishing areas.

Accessory residential uses, such as yard areas, gardens, play areas and previous loading areas.

Accessory industrial and commercial uses, such as yard areas, previous parking and loading areas, airport landing strips, etc.

Permitted by special permit. Uses permitted by special permit shall be as follows:

Commercial recreational use, where open to the public or restricted to private membership, such as parks, camps, picnic areas, golf courses, fishing, sport or boating clubs; not to include enclosed structures, excepting toilet facilities, but permitting piers, docks, floats or shelters usually found in developed outdoor recreational areas. Any toilet facilities provided shall be connected to public water and sewerage systems.

Outlet installations for sewage treatment plants or sewage pumping stations, with the approval of the County Engineer and/or the appropriate sewer authorities.

Sealed public water supply wells, with the approval of the county engineer and/or appropriate authorities.

Dams, culverts and bridges, with the approval of appropriate authorities with jurisdiction, such as the Commonwealth of Virginia, Department of Forests and Waters, Power and Resources Board.

Sanitary or storm sewers impoundment basins, with the approval of the county engineer and/or appropriate authorities.

Roads, driveways or parking areas.

Similar uses to the above which are in compliance with the intent of this section.

The board of zoning appeals may authorize issuance of a zoning permit to construct buildings allowed in accordance with the provisions of the primary zoning district if adequate building methods are used to eliminate the dangers of flooding. A statement by a registered architect or engineer will be required to explain the building methods to be used in overcoming the possibility of flooding. Such statement should also include an explanation of the manner by which water and sewer facilities will be provided in keeping with public health requirements.

All facilities required by electric utilities.

(10)

Flood-Fringe and Approximated Floodplain Districts.

In the flood-fringe and approximated floodplain districts, the development and/or use of land shall be permitted in accordance with the regulations of the underlying area, provided that all such uses, activities and/or development shall be undertaken in strict compliance with the flood proofing and related provisions contained in the Virginia Uniform Statewide Building Code and all other applicable codes and ordinances.

Within the approximated floodplain district, the applicant shall also delineate a floodway area based on the requirement that all existing and future development not increase the 100-year flood elevation more than one foot at any one point. The engineering principle, equal reduction of conveyance, shall be used to make the determination of increased flood heights.

Within the floodway area delineated by the applicant, the provisions of Subsection 408.11 (9) shall apply.

(11)

Design criteria for utilities and facilities.

Sanitary sewer facilities. All new or replacement sanitary sewer facilities and private package sewage treatment plants (including all pumping stations and collector systems) shall be designed to minimize or eliminate infiltration of floodwaters. In addition, they should be located and constructed to minimize or eliminate flood damage and impairment.

Water facilities. All new or replacement water facilities shall be designed to minimize or eliminate infiltration of floodwaters into the system and be located and constructed to minimize or eliminate flood damages.

Drainage facilities.

All storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The systems shall ensure drainage away from buildings and on-site waste disposal sites.

The Town of Luray may require a primarily underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties.

Utilities. All utilities, such as gas lines and electrical and telephone systems, being placed in flood-prone areas should be located, elevated (where possible) and constructed to minimize the chance of impairment during a flooding occurrence.

Streets and sidewalks. Streets and sidewalks should be designed to minimize their potential for increasing and aggravating the levels of flood flow. Drainage openings shall be required to sufficiently discharge flood flows without unduly increasing flood heights.

408.12. Standards for Subdivision Proposals.

(1)

All subdivision proposals shall be consistent with the need to minimize flood damage;

(2)

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;

(3)

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; and

(4)

Base flood elevation data shall be obtained from other sources or developed using detailed methodologies, hydraulic and hydrologic analysis, comparable to those contained in a flood insurance study for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed 50 lots or five acres, whichever is the lesser.

408.13. Variances; factors to be considered.

(1)

Upon passing applications for variances, the board of zoning appeals shall satisfy all relevant factors and procedures specified in other sections of this chapter and consider the following additional factors:

The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development or activity within any Floodway District that will cause any increase in the 100-year flood elevation.

The danger that materials may be swept on to other lands or downstream to the injury of others.

The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.

The importance of the services provided by the proposed facility to the community.

The requirements of the facility for a waterfront location.

The availability of alternative locations not subject to flooding for the proposed use.

The compatibility of the proposed use with existing development and anticipated development in the foreseeable future.

The relationship of the proposed use to the Comprehensive Plan and the floodplain management program for the area.

The safety of access by ordinary and emergency vehicles to the property in the time of flood.

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site.

The repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designations as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

Such other factors which are relevant to the purposes of this section.

(2)

The board of zoning appeals may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities and the adequacy of the plans for the flood protection and other related matters.

(3)

Variances shall be issued only after the board of zoning appeals has determined that the granting of such will not result in unacceptable or prohibited increases in flood heights or additional threats to public safety or extraordinary public expense and will not create nuisances, cause fraud or victimization of the public or conflict with local laws or ordinances.

(4)

Variances shall be issued only after the board of zoning appeals has determined that the variance will be the minimum required to provide relief from any hardship to the applicant.

(5)

The board of zoning appeals shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure below the 100-year flood elevation increases the risk to life and property and will result in increased premium rates for flood insurance.

(6)

A record shall be maintained of the above notification, as well as all variance actions, including justification for the issuance of the variances. Any variances which are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator.

408.14. Existing structures in floodplain districts. A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions, may be continued, subject to the following conditions:

(1)

Existing structures in the Floodway District shall not be expanded or enlarged unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed expansion would not result in any increase in the 100-year flood elevation.

(2)

Any modifications, alteration, repair, reconstruction or improvement of any kind to a structure and/or use located in a floodplain area to an extent or amount of less than 50 percent of its market value shall be elevated and/or flood proofed to the greatest extent possible.

(3)

The modification, alteration, repair, reconstruction or improvement of any kind to a structure and/or use, regardless of its location in a floodplain area, to an extent or amount of 50 percent or more of its market value shall be undertaken only in full compliance with the provisions of this section and the Virginia Uniform Statewide Building Code.

408.15. Administration.

(1)

Designation of the floodplain administrator: The zoning administrator is hereby appointed to administer and implement these regulations and is referred to herein as the floodplain administrator.

(2)

Duties and Responsibilities of the floodplain administrator: The duties and responsibilities of the floodplain administrator shall include but are not limited to:

Review applications for permits to determine whether proposed activities will be located in the special flood hazard area (SFHA).

Interpret floodplain boundaries and provide available base flood elevation and flood hazard information.

Review applications to determine whether proposed activities will be reasonably safe from flooding and require new construction and substantial improvements to meet the requirements of these regulations.

Approve applications and issue permits to develop in flood hazard areas if the provisions of these regulations have been met, or disapprove applications if the provisions of these regulations have not been met.

Inspect or cause to be inspected, prospective buildings and structures, and other prospective development for which permits have been issued to determine compliance with these regulations or to determine if non-compliance has occurred or violations have been committed.

Submit to FEMA, or require to be submitted to FEMA, at applicants expense, data and information necessary to maintain FIRMs, including hydrologic and hydraulic engineering analyses prepared by or for the Town of Luray, within six months after such data and information becomes available if the analyses indicate changes in base flood elevations.

Maintain and permanently keep records that are necessary for the administration of these regulations, including:

Flood insurance studies, flood insurance rate maps (including historic studies and maps and current effective studies and maps) and letters of map change; and

Documentation supporting issuance and denial of permits, elevation certificates, documentation of the elevation (in relation to the datum on the FIRM) to which structures have been flood proofed, other required design certifications, variances, and records of enforcement actions taken to correct violations of these regulations.

Advise the board of zoning appeals regarding the intent of these regulations and, for each application for a variance, prepare a staff report and recommendation.

Administer the requirements related to proposed work on existing buildings:

Make determinations as to whether buildings and structures that are located in flood hazard areas and that are damaged by any cause have been substantially damaged.

Make reasonable efforts to notify owners of substantially damaged structures.

Undertake, as determined appropriate by the floodplain administrator due to the circumstances, other actions which may include but are not limited to: issuing press releases, public service announcements, and other public information materials related to permit requests and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures information related to the proper repair of damaged structures in special flood hazard areas; and assisting property owners with documentation necessary to file claims for Increased Cost of Compliance coverage under NFIP flood insurance policies.

Notify the Federal Emergency Management Agency when the corporate boundaries of the Town of Luray have been modified and:

Provide a map that clearly delineates the new corporate boundaries or the new area for which the authority to regulate pursuant to these regulations has either been assumed or relinquished through annexation; and

If the FIRM for any annexed area includes special flood hazard areas that have flood zones that have regulatory requirements that are not set forth in these regulations, prepare amendments to these regulations to adopt the FIRM and appropriate requirements, and submit the amendments to the governing body for adoption; such adoption shall take place at the same time as or prior to the date of annexation and a copy of the amended regulations shall be provided to Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and FEMA.

Upon the request of FEMA, complete and submit a report concerning participation in the NFIP which may request information regarding the number of buildings in the SFHA, number of permits issued for development in the SFHA, and number of variances issued for development in the SFHA.

It is the duty of the community floodplain administrator to take into account flood, mudslide and flood-related erosion hazards, to the extent that they are known, in all official actions relating to land management and use throughout the entire jurisdictional area of the community, whether or not those hazards have been specifically delineated geographically (e.g. via mapping or surveying).

(Ord. of 1-12-2015)

409. - Planned Neighborhood Development District [PND].

409.1. Statement of intent—PND. Pursuant to Code of Virginia, § 5.2-2280 et seq., and Section 43 of the Town Charter, the Town Council of the Town of Luray establishes the planned neighborhood development (PND) zoning ordinance to allow planned neighborhood development on large tracts of land characterized by unified site design for a variety of housing types and densities, clustering of buildings, common open space, and a mix of building types and land uses in which project planning (as permitted herein) and density calculation are performed for the entire development rather than on an individual basis. The purposes of the ordinance are to provide an alternative form of development that:

Eliminates standard dimensional requirements while reserving sufficient natural open space for common use, conservation or recreational purposes, and providing adequate buffering between structures and adjacent properties;

Enhances the physical appearance of the town by preserving the town's natural assets and distinctive character;

Promotes more efficient use of land and provision of public facilities, utilities, streets, and services;

Provides the opportunity for innovative combinations of integrated housing, recreation, neighborhood-oriented commercial, professional uses, and increased public amenities within a single development;

Conserves natural and environmental resources and the integrity of natural systems;

Encourages innovative residential development so that housing demands are met by a greater variety of types, designs, and layouts of residential structures;

Encourages creative and site-sensitive developments by allowing increased overall density in exchange for planned neighborhood development pursuant to this chapter.

Promotes the design of a walkable environment for pedestrians within the neighborhood, which provides a circulation system for various transportation modes.

Satisfies the general purposes of zoning regulations to promote health, safety, morals and general welfare of the community.

409.2. Traffic improvements—PND. Where a proposed planned neighborhood development borders on an existing street whose right-of-way, traffic carrying capacity, or sight lines are inadequate to safely and efficiently accommodate the traffic generated by the proposed development, the town council shall require the applicant to dedicate land for needed realignment or widening, and to undertake or fund the needed street improvements.

409.3. Dimensional standards—PND.

Building separation: No structure under 30 feet in height shall be located within 20 feet of any other structure. Buildings higher than 30 feet shall be separated by an additional one foot of separation for each foot of increased height over 30 feet and no buildings being more than 45 feet in height.

Church spires, belfries, cupolas, monuments, municipal water towers, chimneys, flues, flagpoles, television antennas and radio aerials are subject to town council approval up to a maximum of 60 feet in height.

409.4. Perimeter boundary—PND.

No portion of a building, structure, or parking area, shall be located within 55 feet of abutting property that is not part of the proposed planned neighborhood, unless the zoning of the adjacent property permits uses similar to the proposed planned neighborhood district use to be located abutting the common boundary. Where proposed PND uses are similar to uses permitted on the adjacent property, the minimum separation shall be that same as required for the zoning district on the adjacent property.

No portion of a nonresidential use, multifamily residential use, community use, institutional use or active recreational use shall be located within 100 feet of abutting property that is not part of the proposed planned neighborhood, unless the abutting property is developed as a planned neighborhood district, whereas the separation shall be equal to the existing yard requirement on the abutting planned neighborhood district property. If the adjoining property is zoned B-1, the town council may reduce the width of this buffer from 100 feet to no less than 20 feet. This reduction can only be obtained if the town council determines that the developer has provided adequate alternative screening, fencing or other approved barriers between the planned neighborhood district and abutting B-1 property.

The minimum front yard requirement of the R-1 zoning district shall apply for a minimum of 200 feet from the border of a planned neighborhood development and adjoining property that share frontage on the same side of a street.

409.5. Multifamily residential development standards—PND. Multifamily housing. Such housing shall be either townhouses or multiplexes.

Townhouses. The maximum number of dwelling units permitted within a townhouse structure shall be eight. Townhouse structures shall be developed in compliance with the following requirements:

There shall be a minimum of two and one-half parking spaces for each townhouse unit. The shared use of such overflow parking with other uses and activities is encouraged.

Walkways of four feet in width, constructed of concrete, stone, brick or similar masonry material, (not including asphalt), shall be installed from parking areas to townhouse units served by such parking areas.

The facades of townhouse units shall have variation in materials, setbacks, and design so that abutting units will not have the same or essentially the same architectural treatment of facades and rooflines.

Multiplex structures. The maximum number of dwelling units permitted within a multiplex structure shall be four. Multiplex structures shall be developed in compliance with the following requirements:

There shall be a minimum of two and one-half parking spaces for each unit. The shared use of such overflow parking with other uses and activities is encouraged.

Walkways of four feet in width, constructed of concrete, stone brick or similar masonry material, (not including asphalt), shall be installed from parking areas to multiplex units served by such parking areas.

The minimum size of each individual unit shall be no less than 700 net square feet.

Each separate dwelling unit shall have living space located on the ground floor of the structure.

Accessory buildings shall be limited to one enclosed storage building not exceeding seven feet in height nor exceeding ten feet in length by ten feet in width.

Individual townhouses and dwelling units in multiplex structures may be sold or transferred as separate individual units in a PND provided that all applicable local, state and federal regulations are met.

409.6. Utilities—PND. Utilities, such as electric transmission cable television lines, and telephone lines, serving the planned neighborhood subdivision shall be installed underground.

409.7. Accessory structures—PND. Accessory structures shall not be located within any front yard, side yard or within five feet of any other structure. The location of these structures shall be indicated on the master plan and included in the covenants of the PND.

409.8. Neighborhood recreational uses—PND. A minimum of 25 percent of the required open space shall be dedicated and developed for neighborhood recreational use to serve the recreational demands generated by the planned neighborhood development. Recreational facilities shall be specifically included in the development schedule and be constructed and fully improved by the developer at an equivalent or greater rate than the construction of residential structures.

409.9. Commercial uses development standards—PND.

For planned neighborhood developments with a total land area of 25—75 acres, land dedicated to commercial uses shall not exceed five percent of the total acreage.

Planned neighborhood development containing more than 75 acres may include a commercial area that shall not exceed seven percent of the total land area of the project acreage. The developer/owner shall provide specific justification of commercial areas proposed in excess of five percent of the total acreage, identifying specific impacts of the commercial development and demonstrating adequate mitigation of such impacts.

The total gross floor area of any one commercial category shall not exceed 35 square feet for each residential unit.

Commercial uses shall be designed with the intention of serving the immediate needs and convenience of residents within and immediately surrounding the planned neighborhood development.

Commercial uses shall not receive a certificate of occupancy until building permits have been issued for 50 percent of the residential units within the planned neighborhood development.

409.10. Development review—PND. Within one year of approval of a master land use plan for development of a planned neighborhood, prior to the approval of building permits, the applicant shall prepare and submit for review and approval an engineered development plan, along with the fee as established in the approved schedule of fees. The applicant may petition the town council for an extension of time for submission of a development plan, provided such extension is requested at least 20 days prior to the expiration of the one-year period. The town council may grant an extension upon demonstration of good cause for up to one year.

Development plan. A development plan shall be submitted for all proposed commercial, residential, community facility, institutional, or multifamily residential development within a planned neighborhood development. The development plan shall be drawn to scale and shall be accompanied by a narrative, as appropriate. The development plan shall comply with the provisions of appendix A section 515 of the Code of Luray, Virginia, unless otherwise provided for herein, and the following:

All information required for the master plan submission.

A development schedule. If phasing is proposed, indication of the proposed phasing schedule, along with a plan indicating phased sections.

A landscape plan prepared by a certified landscape architect shall be submitted with each site development plan application. The development plan shall identify proposed trees, shrubs, ground cover, natural features such as rock outcroppings, other landscaping elements and planting details. When existing natural growth is proposed to remain, the applicant shall include in the plans a description of the landscaping to be retained, a statement from a certified arborist that the material is desirable and healthy, and the proposed methods to protect the retained trees and growth during and after construction.

Proposed number of dwelling units by residential types, and the area of nonresidential buildings by use type (retail, office, service, etc.).

Calculation of the percentage of land area covered by the various land uses, including landscaped areas.

Proposed circulation plan showing patterns of vehicular, pedestrian, or other traffic, parking areas (including the number of parking spaces).

Notes identifying any deviations from the approved master plan.

Development plan revisions, modifications. After approval, all subsequent plans, plats, and permits for the PND shall be in substantial compliance with the approved PND master land use plan. Minor adjustment to the master land use plan may be approved administratively provided there is no increase in the overall density or number of housing units in the development and no reduction in useable open space. Revisions or modifications which substantially change the development, design, density, concept, uses, or magnitude shall cause the revised plan to be referred back through the review process as if it were an original submission.

Revisions to the site development plan may be proposed by the applicant prior to the town council's review. The town council at its discretion may consider the application with minor revisions as proposed or may return the plan to the planning commission for further review.

Amendments to planned development districts. Land area may be added to an established PND if it adjoins and is demonstrated to become an integral part of the approved development. The procedures for any addition of land shall be the same as for an original application and all requirements shall apply.

Final plats. Final plats shall be submitted concurrently with the site development plan. Except as provided herein, planned neighborhood development plats shall comply with the zoning ordinance, appendix A and the subdivision regulations, appendix B of the Town of Luray, Virginia, except that reasonable waivers and variances as described in appendix B may be granted by the town council in order to facilitate creative design consistent with good community planning standards. The specific provisions of this chapter shall prevail for development of planned neighborhood districts whenever conflict exists with other general ordinance provisions.

Recordation of documents. Any applicable covenants, governance documents and easements shall be recorded in the Page County Circuit Court Clerk's office within six months of approval of the final plat.

409.11. Definitions—PND.

Assisted living facility. A residential facility for two or more persons that provides nursing assistance and/or support services for residency of elderly and /or disabled persons, where residents share common meals.

Community hall. A community hall is a structure designed and constructed for civic uses and may include a community meeting room, a library annex, space dedicated to historical or cultural displays or uses, athletic or exercise facilities, or uses found to be similar in intent and function with this section.

Neighborhood recreation use. This term shall include basketball courts, tennis courts, playgrounds, tot lots, picnic areas, and the like.

Neighborhood restaurants. A restaurant of not more than 20 seats, nor five employees per operating shift, open for business not later than 10 p.m.

Neighborhood-oriented commercial. This term shall include neighborhood-oriented retail businesses with not more than 4,000 square feet of gross floor area. The term shall include convenience stores, bookstores, dry cleaners, ice cream stores, barber and beauty shops, wearing apparel stores, bakeries, drugstores, banks, gift shops, hardware stores, or other use found to be similar to one or more uses listed herein, but shall not include automobiles sales operations.

Nontidal wetlands. Those wetlands other than tidal wetlands that are inundated or saturated by surface or groundwater at a frequency or duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, as defined by the U.S. Environmental Protection Agency pursuant to Section 404 of the Clean Water Act as amended.

Open space. Common space generally intended for passive recreation and not improved with a building, structure, vehicular travel lane, driveway, street, sidewalk, or parking area. Open space may include pedestrian ways, bike paths, trails interconnecting open space areas; undisturbed natural areas, woodlands, preservation areas; community facilities; landscaped grounds, buffers; playgrounds and tot lots; swimming and boating areas. Open space shall not include yards within individual residential lots, yards less than 30 feet wide between buildings, lands occupied by tennis courts, golf courses, and buildings.

Planned neighborhood development. Planned neighborhood development (PND) is used in two contexts. Depending upon the context, planned neighborhood development refers to the development authorized by the ordinance or a project, which is proposed for consideration under this section. This term shall have the same meaning as mixed-use development and planned unit development as defined in the Code of Virginia (1989 Session Virginia Acts of Assembly - Chapter 384).

Base density. The base residential density per acre as established in the following existing Luray Residential Zoning Districts: R-1 (3 units), R-2 (4 units), R-3 (5 units), R-4 (6 units) and R-5 (6 units). The existing Luray Business District, B-1, shall have a base density equal to that established in the residential R-2 district.

409.12. Evaluation criteria—PND. Application for rezoning to a planned neighborhood development district shall specifically demonstrate achievement of the following objectives. Each proposed planned neighborhood development will be evaluated on the extent to which these objectives are achieved:

Provides a variety of housing types and designs at a range of densities and costs in an orderly relationship to one another.

Employs architectural, landscape and/or other design features to provide compatibility between different uses.

Includes a network of circulation systems for various transportation modes that connect to the surrounding area.

Conserves a minimum of 25 percent of the total project area, not developed as single-family detached dwelling units having a minimum lot size of 10,000 square feet, as open space, incorporating a system of parks, open spaces, recreational facilities, and public amenities within the development which enhance the total plan of development.

Efficiently utilizes land to protect and preserve natural features such as trees, streams, and topographic features.

Provides a mechanism to relate the type, design and layout of proposed development to the specific characteristics of the particular parcel.

Exhibits consistency with the town's comprehensive plan and provides overall benefits to the town.

Demonstrates adequate capacity of public facilities and utilities to serve the development.

Minimizes traffic impacts upon the surrounding traffic network.

409.13. Permitted uses—PND.

All planned neighborhood developments shall permit the following residential and accessory uses:

Detached single-family dwellings;

Two-family dwellings (duplex);

Multifamily dwellings (mutiplex);

Townhouses with a maximum of eight units per structure;

Accessory buildings or uses as defined in the master plan and covenants of the PND;

Recreation or park facilities;

Retirement living facilities (handicapped accessible)

Municipal buildings or uses;

Public utilities: poles, lines, booster and relay stations, distribution transformers, pipes, meters and other facilities necessary for the provision and maintenance of public utilities, including water and sewerage systems. Such utilities shall be buried or otherwise screened in accordance with design standards of the development as defined in the master plan;

10.

Home occupations as set forth in appendix A, section 202.

11.

Public libraries;

12.

Schools; and

13.

Churches.

14.

Electronic occupations.

(Ord. of 9-12-2011, § 11)

Planned neighborhood developments shall permit the following community and institutional uses under the terms set forth in appendix A, 409.27, density bonus:

Child care facility; and

Community halls.

Planned neighborhood developments comprising 25 acres or more may contain the uses permitted in subsections A and B as well as the following commercial uses:

Neighborhood-oriented commercial businesses;

Personal services;

Business or professional offices; and

Neighborhood restaurants; and

Banks, branch banks and financial institutions.

Planned neighborhood developments may include the following uses provided such uses are either specifically approved as part of the original development plan or approved by special use permit in accordance with appendix A, 703 if proposed subsequent to approval of the master land use plan and covenants.

Assisted living facility or other nursing home as permitted in appendix A, 403.2(a).

Reserved.

(Ord. of 9-9-2024, § 2)

Except as otherwise specified for PND's, proposed uses within a PND shall be subject to the provisions set forth for such use in the zoning ordinance (appendix A of the Town Code).

Prohibited uses: Junkyards, off-site signage, used automobiles and truck/trailer sales, mobile homes, outdoor storage yards, industrial uses, and uses otherwise determined by the town council at its discretion are prohibited in a planned neighborhood development.

(Ord. No. 2017-12-02, § 5, 12-11-2017)

409.14. Standards—PND.

Planned neighborhood developments shall contain not less than 25 contiguous acres.

The project area must be held in single ownership or all property owners within the proposed district must participate in the application.

Planned neighborhood developments shall be served by municipal water and sewer service.

Conservation lands. Lands with the following characteristics shall not be developed and shall not be platted as part of a residential, community, institutional or commercial lot within a planned neighborhood development: land within the 100-year flood plain; land with a natural slope in excess of 40 percent, and as determined by standard slope computation methods. These lands shall be designated on the plat for conservation purposes. Conservation lands may be used in computing the allowable base residential density. Nontidal wetlands may be platted, but shall be protected by preservation easements.

Management and ownership of common open space and facilities. All common spaces, properties, and facilities shall be preserved for their intended purpose as specified on the approved plan. The developer shall provide for the establishment of a property owner's association conforming to the Virginia Property Owners' Association Act, Code of Virginia (1950) as amended, to ensure the maintenance of all common areas.

409.15. Review and creation of the planned neighborhood development district—PND. Whenever a tract of land meets the minimum requirements for classification as a PND district as stipulated herein, the owner may file an application with the director of planning, requesting rezoning to this classification. A preliminary conference with staff prior to such filing is required.

Concept plan.

Procedure. The owner may present and file with the director of planning a concept plan for the project, along with the fee established in the schedule of fees, showing the rough layout of major roads within the project, and such areas within the project as may be planned for particular uses or mixtures of uses, as outlined below. Upon receipt, the director of planning shall forward the concept plan to the planning commission for review and comment. The planning commission may recommend to the town council approval, denial or modifications to the concept plan.

Upon review and recommendation by the planning commission the director of planning shall forward the concept plan to the town council for review and comment. The town council may approve, deny or approve conditionally with stated modifications. Approval of a concept plan is only an expression of apparent favor to be used in preparation of the PND master land use plan and does not authorize construction of improvements.

Submittal requirements. The concept plan shall be prepared by a Virginia registered architect, landscape architect, or engineer with seal and signature affixed to the plan. The plan shall be approximately to scale and clearly show the following:

Location map showing existing zoning and ownership of property and adjacent land;

Identification of principal natural features and/or unique site design features;

Relationship of the proposal with surrounding utilities and public facilities to serve the tract at the ultimate proposed densities;

The location and size of the components of the PND, including the general layout of the road system within the project, location of use areas within the project planned for particular uses or mixtures of uses and their acreage, residential densities, and the interior open space system and preservation areas;

Written description of the use areas;

A statement demonstrating consistency with the Town of Luray comprehensive plan, suitability of the tract for the type and intensity of the activities proposed, the anticipated availability of adequate road networks, and the objectives stated in appendix A, 409.

Master land use plan. Within six months of the town council's approval or approval conditioned upon modifications of the concept plan, the developer/owner may prepare and file an application for an amendment to the official zoning map to a planned neighborhood development (PND) district, as set forth in this chapter, together with the established fee in the schedule of fees for rezoning and an engineered master land use plan for development presenting a unified and organized arrangement of buildings, service areas, parking, landscaped areas, recreation areas, open space and community facilities. All information submitted for consideration as a master land use plan shall be of sufficient clarity and scale to accurately identify the location, nature, and character of the proposed district. At a minimum the information contained on a master land use plan shall include:

A map of the boundaries of the proposed development site, showing bearings, dimensions at a scale not greater than one inch to 600 feet;

A statement of existing property owner(s) and the proposed developer;

Names and addresses of adjacent property owners;

A vicinity map drawn at a scale of between one inch equals 200 and one inch equals 2,000 feet and showing the relation of the property.

Topographic map with contour lines at vertical intervals of not greater than five feet at a minimum scale of one inch to 200 feet;

A site analysis map of existing conditions, including but not limited to the location and delineation of sensitive environmental features, any 100-year floodplain, watercourse, nontidal wetlands, areas greater than 15-percent slope, and significant geologic formations or manmade features, existing structures and public facilities, historic landmarks, existing zoning on-site and surrounding areas;

The overall scheme of development including general layout of proposed land uses at a scale of one inch equals 200 feet;

The location and acreage of recreation areas, open space and conservation areas, parks within the development;

The location, acreage and type of nonresidential areas and uses, and community/ public uses.

10.

For each residential area shown, the total number of units in each by type and density;

11.

An access and circulation plan showing the general location of all existing and proposed streets and easements of right-of-way, bridges, culverts, railroads, and utility transmission lines;

12.

A traffic analysis and description of the base existing conditions and traffic volumes for the connecting external road network serving the site, projected average daily traffic for all new streets within the subdivision based on the proposed land uses and the traffic growth on adjacent highways, trip generation rates for peak hours by development and phase, and internal/external trip distribution and intersection and capacity analysis, identifying off-site access and traffic control improvements generated by the traffic demands of the proposed project at full development;

13.

The proposed general location of all building areas and other improvements, except single-family and two-family dwellings and accessory buildings;

14.

Notations showing the total gross development acreage, the net development acreage, acreage devoted to each land use category, the number of dwelling units and overall development density of the project;

15.

General intent and schematic plans for water, sanitary sewer, storm water management, electrical services, and other utilities;

16.

An approximate development schedule/phasing plan;

17.

A general description of proposed agreements, provisions, or covenants that govern the use, maintenance, and continued protection of property to be held in common ownership.

18.

Municipal boundaries through the property.

19.

A narrative statement demonstrating consistency with the Town of Luray Comprehensive Plan, suitability of the tract for the type and intensity of the activities proposed, and the planning purposes to be achieved by the proposed PND as stated in appendix A, 409, the design theme and major elements, principal site features, and environmental components integrated into the plan.

20.

An impact assessment on the environment and on community facilities, services and taxes.

21.

Demographic profile of proposed development (population, housing, school children and employment).

22.

Other relevant data which may be used to evaluate the project.

23.

A set of design guidelines describing the design principles for the site arrangement, standards for development including proposed yards, building heights, building architecture, open space characteristics, landscaping, hardscape, and buffering, and streetscapes related to scale, proportions, and massing at the edge of the district.

The design guidelines will establish the appearance standards to be used as the basis for the appearance review occurring concurrent with the site development review. The purpose of the appearance standards shall be:

To encourage development that enhances the character of the town;

To enhance and protect property values by encouraging excellent design;

To encourage architectural freedom, imagination and variety, and to encourage creative design solutions that will enhance the town's visual appearance.

To promote harmonious unified development within a planned neighborhood.

Demonstration of purposes. The purposes shall be demonstrated in each of the components as follows:

Relationship of building site.

The proposed nonresidential development shall be designed and sited to accomplish a desirable view as observed from adjacent streets.

Nonresidential parking areas shall be enhanced with decorative elements, building wall extensions, plantings, berms, or other appropriate means to screen parking areas from view from the streets and adjacent properties.

Relationship to adjoining areas.

Adjacent buildings of different architectural styles shall be made compatible by use of screens, sight breaks, materials and other methods.

Landscaping shall provide a transition to adjoining property and screening between residential and commercial uses, and for off-street commercial parking and loading areas from public view.

Texture, building lines and mass shall be harmonious with adjoining property. Monotonous texture, lines and mass shall be avoided.

Building design and landscaping. The applicant shall provide a narrative for all building types describing compliance with the following, including dimensional and qualitative specifications.

Quality of design and landscaping, and compatibility with surrounding uses for proposed nonresidential development. Architectural style is not restricted.

Materials and finishes of good, sound architectural quality that are harmonious with adjoining buildings.

Suitable materials for the type and design of the building. Materials that are architecturally harmonious shall be used for all exterior building walls and other exterior building components.

Building components, such as windows, doors, eaves, and parapets with appropriate proportion and relationships to one another.

Use of harmonious colors and compatible accents.

Mechanical equipment or other utility hardware on roof, ground, or buildings screened from view with materials harmonious with the building.

Nonmonotonous design with visual interest provided by variation in detail, form, and siting.

Exterior lighting used as part of the architectural concept. Fixtures, standards, and all exposed accessories harmonious with the building design.

Landscaping treatment creating unity of design, enhance architectural features, strengthen vistas, and provide shade.

Plant materials selected for interest in its structure, texture, and color and for its ultimate growth using indigenous plants and those that are hardy, harmonious to the design and of good appearance.

Protection of plant materials by appropriate curbs, tree guards, or other devices in locations which are susceptible to injury by pedestrian or vehicular traffic.

Signs.

Signs shall conform to the provisions of appendix A, article VIII, sections 801.5(a) and (b), and this section, except that signs erected on poles shall not be permitted (except any street or roadway signs).

Every sign shall be of appropriate scale and proportion in relation to the surrounding buildings.

Every sign shall be designed as an integral architectural element of the building and site to which it relates.

The colors, materials, and lighting of every sign shall be harmonious with the building and site to which it relates.

The number of graphic elements on a sign shall be held to the minimum needed to convey the sign's principal message and shall be in proportion to the area of the sign.

Each sign shall be compatible with signs on adjoining plots or buildings.

Logos shall conform to the criteria for all other signs.

A coordinated, unified sign plan shall be utilized for direction and information within the PND.

Miscellaneous structures. Miscellaneous structures and hardware shall be part of the architectural concept of the project. Materials, scale and colors shall be compatible with the building and surrounding uses.

The planning commission shall proceed in general as for any other rezoning application as required in the ordinance, and recommend to the town council to approve, conditionally approve or disapprove the application.

The town council shall proceed in general as for any other rezoning application as required in the ordinance. Subsequent to the public hearing and a recommendation from the planning commission, the town council shall approve, conditionally approve or disapprove the application for a master land use plan.

Upon approval of a master land use plan for development the official zoning map shall be amended to indicate the property as "PND - planned neighborhood development". Once the town council has approved the master land use plan, all accepted proffers shall constitute conditions, enforceable by the zoning administrator.

(Res. No. 2017-12-03, § 3, 12-11-2017)

409.16. Open space standards—PND.

Planned neighborhood developments shall reserve a minimum of 25 percent of the total project area, not developed as single-family detached dwelling units having a minimum lot size of 10,000 square feet, as dedicated natural open space.

Up to 25 percent of this requirement may be satisfied with land covered by water or by stormwater detention or retention basins (dry ponds shall not be permitted as open space), if the town council determines that such a water body or basin is suitable for the purposes set forth in appendix A, 409. The dedicated open space shall not be included in subdivision lots. Dedicated open space shall include the land necessary to provide access to the open space.

Land characterized as conservation lands in appendix A, 409.4 of this section may be used to fulfill the minimum open space requirement up to a maximum of 50 percent of the total dedicated natural open space within a planned neighborhood development.

Dedicated open space shall have shape, dimension, character, location, and topography to accomplish the open space purposes specified in appendix A, 409 and to ensure appropriate public access.

Dedicated open space land shall be shown on the planned neighborhood development concept plan and master land use plan and shall be labeled to specify that the land has been dedicated to open space purposes. The plans and final plat shall specify that the open space land shall not be further subdivided or developed and is permanently reserved for natural open space purposes.

The open space shall be conveyed by the applicant as a condition of plat approval and may be conveyed by any of the following means as determined by the town council:

Reserved for common use or ownership of all property owners within the development by covenants in the deeds approved by the town attorney. A copy of the proposed deed covenants shall be submitted with the application.

Deeded to a property owner's association within the development upon terms and conditions approved by the town attorney that will ensure the continued use and management of the land for the intended purposes. The formation and incorporation by the applicant of one or more appropriate property owners' associations shall be required prior to plat approval. A copy of the proposed property owner's deed and the by-laws and other relevant documents of the property owner's association shall be submitted with the application. The following shall be required if open space is to be dedicated to a property owner's association:

Covenants providing for mandatory membership in the association and setting forth the owner's rights, interests, and privileges in the association and the common land, must be included in the deed for each lot or unit;

The property owners' association, shall have the responsibil-ity of maintaining the open space and operating and maintaining recreational facilities;

The association shall have the authority to levy charges against all property owners to defray the expenses connected with the maintenance of open space and recreational facilities; and

The applicant shall maintain control of dedicated open space and be responsible for its maintenance until 75 percent of occupancy permits for residential units have been issued and development is sufficient to support the association.

The owner/developer shall convey or restrict the open space land by a deed instrument reviewed and approved by the Luray Town Attorney to ensure that the land will be held and managed in perpetuity for open space purposes and shall not be further developed.

If the planned neighborhood development is developed in phases, the provision of dedicated natural open space shall be phased with the construction of dwelling units and other improvements to ensure that a proportionate share of the total dedicated open space is preserved with each phase.

Streets and other impervious surfaces shall be excluded from the calculation of the minimum dedicated open space requirement; however, lands occupied by bike paths, landscaped grounds, or similar common recreational development (excluding tennis courts, golf courses, and buildings) may be counted as dedicated open space, provided that impervious surfaces constitute no more than five percent of the total required open space.

Open space shall be permanently dedicated for one of more of the following uses: natural resource conservation, recreational facilities, wetland and watercourse preservation, selective forestry, wildlife habitat, undeveloped parklands or scenic preservation.

409.17. Off-street parking—PND.

The number, design, location and construction of parking lots, bays, spaces and drives shall conform to the applicable requirements of appendix A, sections 506 and 507 of the zoning ordinance.

Parking areas shall be planted with trees a minimum of two inches in caliper measured six inches above ground level, so that there is at least one tree per ten parking spaces within the parking lot. Such trees must be protected by curbing or other means against damage by vehicles. A minimum planting area, equivalent to 162 square feet per tree, shall be provided.

Parking areas shall have a landscaped island at each end of each row of vehicle spaces. No more than 15 spaces shall be laid out without an intermediate landscape island. Such planting islands shall be not less than ten feet wide in the direction parallel to the row and not less than 20 feet long in the direction perpendicular to the row. Each such island shall have a suitable poured-in-place concrete curb, or approved equal, and shall be planted with grass or ground cover. All hydrants shall be located in such islands.

409.18. Landscaping and screening—PND.

Screening of uses. Commercial, institutional, and community uses shall be screened from residential uses within and abutting the planned neighborhood development by a bufferyard 20 feet in width containing a minimum of three canopy trees, six understory trees, and nine shrubs per 100 feet of length (or an amount creating an equivalent effect and approved with the landscape plan) along the perimeter of the lot line abutting a residential use.

Screening along public roadways. Uses within a planned neighborhood development which abut an arterial street as defined in appendix B, section 502 shall be screened by a bufferyard of 20 feet in width containing a minimum of three canopy trees, six understory trees and nine shrubs per 100 feet of frontage (or an amount creating an equivalent effect and approved with the landscape plan). Canopy trees shall be deciduous shade trees planted with a minimum of two and one-half inches in caliper at six inches above the ground with a mature height of at least 35 feet. Understory trees shall be deciduous shade or fruit trees planted at minimum one and ½ inch in caliper at six inches above the ground with a mature height of at least 12 feet.

Existing vegetation. Notwithstanding any other provisions of this section, existing vegetation shall be retained and maintained to the extent feasible in order to permit existing vegetation to fulfill or contribute to buffer and screening requirements. In lieu of strict compliance with the above bufferyard requirements, a developer may submit a detailed landscaping plan that will afford a degree of buffering and screening comparable to that provided by these regulations in making use of existing and new vegetation. For developments utilizing more than ten percent existing vegetation as a density bonus credit, a certified arborist shall provide a detailed description of the existing vegetation with notation of specimen trees, to certify compliance. The arborist report shall be accompanied by the proposed measures for ensuring preservation during and after construction in accordance with the preservation criteria stated in the Town of Luray Landscape Preservation and Planting Guide.

Screening of refuse collection facilities. Uses, except single-family homes within a planned neighborhood development shall provide secure, safe, and sanitary facilities for the storage and pickup of refuse. Such facilities shall be convenient to collection and shall be appropriate to the type and size of use being served. All refuse storage facilities shall be screened on three sides by a solid wooden fence or masonry wall and a tight evergreen hedge. The fourth side shall be angled to minimize the view of the refuse collection facility or shall be screened by an opaque gate made of durable materials. The screening shall be of sufficient height and design to effectively screen the facility from the view from nearby residential uses, streets, adjacent properties, and recreational facilities.

409.19. Density bonuses—PND. Residential density bonuses up to a density of 6.0 dwelling units per acre dedicated to uses other than the commercial uses set forth in appendix A, 409.21(B) and (C) may be approved and granted at the discretion of the town council upon a finding that a proposed density bonus promotes the purposes of the planned neighborhood development and provides additional public benefit. Each of the following amenities and any other amenities or proffered conditions will be evaluated by the town planning commission and town council and used in negotiations with the applicant:

Dedicated open space. In exchange for increasing the dedicated natural open space beyond the required 25 percent, the project may qualify for a density bonus, provided the natural open space is increased by a minimum of five percent of the developable acreage. A bonus shall not be permitted for preservation areas or without sufficient justification of demonstrated benefit to the town. Priority shall be given to protecting existing stands of mature trees.

Bikeways/greenways. A system of bike paths and pedestrian greenways may qualify for a density bonus. In order to qualify, the bike paths or greenways shall form an integrated system of access within the development to principal off-site destinations, and be integrated with other planned or existing systems (i.e., Greenway Trail - Phase I, II and III, etc.).

Walk-up housing. A dwelling unit located above the ground floor of a structure that contains a nonresidential use on the ground floor may be applied toward the allowable base density as one-half of a dwelling unit.

Community and institutional uses.

(1)

Child care facility: In a PND with 75 or more residential units, a parcel may be designated, dedicated and developed for use as a child care facility. This lot shall have a minimum of 100 square feet per residential unit within the PND, and be developed in accordance with the requirements of Town Code appendix A, 202. The facility must be operated as a nonprofit organization.

(2)

Community hall: In a PND with 100 or more residential lots or units, a community hall may be constructed, with an enclosed area of no less than 25 square feet for each residential unit or lot. The facility must be operated as a nonprofit organization.

Developed recreational facilities. Such facilities may include, but shall not be limited to, tot lots and pocket parks, ball fields, courts or other athletic facilities, swimming pools, public pedestrian plazas or arcades with benches, water fountains and reflecting pools, terraces, sculptures, public art, involving unique design features and amenities. To be considered for a density bonus, such recreational facilities shall be developed at a minimum ratio of three acres per 100 units.

Enhanced streetscapes. Streets developed with widened sidewalk area, substantial landscaping above the required minimum, approved traffic calming measures, pedestrian-oriented features, and bicycle parking facilities may be considered for a density bonus.

Other. Additional density bonuses may be granted based upon such other innovative factors or off-site improvements that benefit the PND and/or the town as may be proposed by the applicant and accepted by the town council in its sole discretion.

(Res. No. 2006-02-04, § 1, 2-13-2006)

410. - Arts and Cultural District.

410.1 Statement of purpose: In accordance with Code of Virginia, title 15.2, chapter 11, it is the purpose of this chapter to establish an arts and cultural district in order to increase awareness and support for the arts and culture in Luray, specifically within the area designated as Luray's Arts and Cultural District. The town believes that the creation of an arts and cultural district will enable arts and cultural organizations within the district the ability to partner and build alliances to enable more effective promotion, cooperation, and collaboration. The town further believes that the establishment of an arts and cultural district will encourage the growth of arts and cultural organizations as well as complementary businesses, thus increasing the overall economic activity of this geographic area and other neighboring areas of the town which would, in turn, benefit the welfare of the citizens throughout Luray.

410.2 Boundaries and date established: The boundaries of Luray's Arts and Cultural District are as set forth on the map entitled "Luray's Arts and Cultural District", adopted as part of this district. The map is dated December 18, 2009 and is maintained and displayed in the Luray Town Office. The Arts and Cultural District encompasses approximately 30 percent of the town's land area, and its respective furthermost eastern, western, northern, and southern points are as follows: Memorial Drive and West Main Street, East Main Street and Collins Avenue, North Broad Street and U.S. Highway 211, and South Court Street and Mill Creek Road.

410.3 Definition: For the purposes of this section, the phrase "qualified arts and cultural organization" shall have the following meaning, unless clearly indicated to the contrary: a business or nonprofit organization physically located within Luray's Arts and Cultural District that presents live performances of theatre, dance, music, or other imaginative work and/or produces or exhibits physical works created by an artist or under her/his direction intended for unique production or limited reproduction. Organizations providing education in the arts, humanities, and museums or historic sites, the primary mission of which is education or historic preservation, also qualify as arts and cultural organizations.

410.4 Administration: The administrator of Luray's Arts and Cultural District shall be the town manager or their designee. The administrator shall determine the procedures for obtaining the benefits created by this chapter and for the administration of this chapter.

410.5 Validity: Provided adherence to Code of Virginia, § 15.2-1129.1, the adoption and administration of a local Arts and Cultural District is a valid and lawful exercise by the Town of Luray.

410.6 District incentives: As enumerated in Code of Virginia, § 15.2-1129.1(B), tax incentives may be provided for up to 10 years and may include, but not be limited to: (i) reduction of permit fees; (ii) reduction of user fees; and (iii) reduction of any type of gross receipts tax. The extent and duration of such incentive proposals shall conform to the requirements of the Constitutions of Virginia and of the United States. Any incentives associated with Luray's Arts and Cultural District shall be required to receive specific legislative approval by Luray's Town Council prior to being enacted. The adoption of this district does not require, or imply, the extension of incentives (monetary or otherwise) to qualified arts and cultural organizations.

(Ord. of 2-8-2010, § 3)

411. - Luray Enterprise Zone.

411.1 Statement of Purpose: The Virginia Enterprise Zone Act, section 59.1-270 et seq., of the Code of Virginia, as amended, authorizes the establishment of an enterprise zone. It is the purpose of the Enterprise Zone Act, and of this article, to stimulate business and industrial growth within the area so designated as the Page County Enterprise Zone, which includes portions of the Town of Luray, by means of state income tax credits, state sales tax exemptions, and local incentives as set forth herein.

411.2 Boundaries of the Page County Enterprise Zone and Town of Luray Enterprise Zone: The boundaries of the Page County Enterprise Zone, which encompasses portions of the Town of Luray, is established on the map entitled, "Map of the Page County Enterprise Zone," which is on file in the Page County Office of Economic Development and Tourism, located at 117 South Court Street, Luray, Virginia. These specific areas were established as enterprise zones on January 1, 2015 by the Governor of the Commonwealth of Virginia for a period of ten years in accordance with the Virginia Enterprise Zone Act.

411.3 Definitions.

Business firm: Any corporation, partnership, electing small business corporation, limited liability company or sole proprietorship authorized to do business in this Commonwealth of Virginia and the Town of Luray, Virginia. However, a business firm does not include organizations which are exempt from state income tax on all income except unrelated business taxable income as defined in the Federal Internal Revenue Code, section 512; nor does it include homeowners associations as defined in Federal Internal Revenue Code, section 528.

County: The County of Page, Virginia.

Enterprise zone: An area declared by the Governor of the Commonwealth of Virginia to be eligible for the benefits accruing under the Virginia Enterprise Zone Act.

Equivalent employment or full-time equivalent job: Forty hours per week of an hourly wage (or the salaried equivalent). A single equivalent job may be represented by one employed individual, or by multiple employed individuals whose aggregate hours of employment (or salaried equivalent) equal 40 hours per week.

Existing business: Any business operating or located within the enterprise zone on January 1, 2015, or within Page County, or Town of Luray, prior to its location within the enterprise zone. A business which retains the same ownership and which was operating or located within the enterprise zone on January 1, 2015 or within the town prior to location with the enterprise zone shall not be defined as a new business, even if the name or entity (corporate or otherwise) has changed.

New business: A business operating within the enterprise zone after January 1, 2015, having had no prior business location within Page County, or the Town of Luray.

Town: The Town of Luray, Virginia.

411.4 Qualification for state incentives.

(a)

State incentives are available to eligible businesses and zone investors who create jobs and invest in real property within the boundaries of the Page County Enterprise Zone located in the Town of Luray. Eligibility for state incentives, and the application process for obtaining incentives, shall be coordinated between Virginia Department of Housing and Community Development and Page County's Office of Economic Development and Tourism. These incentives are as follows:

(1)

Qualification for the Job Creation Grant (JCG) is based on permanent full-time job creation over a four job threshold, with wage rates at least 175 percent of the Federal minimum wage and availability of health insurance. Personal services, retail, food and beverage positions are not eligible to receive job creation grants.

(2)

Real Property Investment Grant (RPIG) is based on qualified investments made to commercial, industrial, or mixed-use buildings for facilities located within the boundaries of an enterprise zone. To be eligible for the RPIG, an individual or entity must invest at least $100,000.00 for rehabilitation or expansion projects and at least $500,000.00 for new construction projects.

411.5 Qualification for local incentives (Administered by Page County's Office of Economic Development & Tourism)

(a)

Capital Investment Grant (CIG). The CIG is a grant equal to 75 percent of the taxes paid on net new taxable in machinery and tools, business personal property, and/or real estate, as measured by the increase in assessment. The CIG will be delivered as a grant made to the recipient after taxes have been paid to the town (and/or the county) after all eligibility requirements have been met by the recipient. The CIG will be paid semi-annually, after all taxes due have been paid by the recipient, for a period of five years. Additional qualification requirements:

(1)

Location in enterprise zone;

(2)

The creation of at least five new full-time jobs or full-time equivalent jobs, to be maintained throughout the grant period, with an average annual salary/wage at least equal to 85 percent of the most current prevailing local wage as determined by the Virginia Employment Commission;

(3)

Net new taxable investment in machinery and tools of at least $100,000.00, to be maintained throughout the grant period, to be attained within 24 months of entering into a grant performance agreement;

(4)

Or a net new taxable investment in business real estate of at least $150,000.00, to be maintained throughout the grant period, to be obtained within 24 months of entering into the grant performance agreement;

(5)

Payment of all taxes and fees due to the county and/or town in a timely manner during the grant period;

(6)

Entrance into a grant performance agreement with the Page County Economic Development Authority, acting on behalf of the Town of Luray; and

(7)

Annual submission of evidence of compliance with the grant performance agreement during the grant period.

(b)

Business/Professional/Occupational License (BPOL), Local Sales Tax, Meals and/or Lodging Tax Refund (BSMLR). The refund is a grant equal to a percentage of new business license fees, local option sales tax, meals and/or lodging taxes paid by the qualifying company/business determined by the following schedule: Year 1—80 percent refund; Year 2—60 percent refund; Year 3—40 percent refund; and Years 4 and 5—20 percent refund. The BSMLR will be paid semi-annually for a period of five years after all taxes have been paid by the recipient and amount(s) paid determined by the commission of revenue or town treasurer. A business may qualify for and receive the BSMLR for one grant period only during the life of the enterprise zone. Additional qualification requirements:

(1)

Location in enterprise zone;

(2)

Creation of at least five full-time jobs (or full-time equivalent) or 10 percent expansion of current number of jobs, whichever is greater to be maintained throughout grant period;

(3)

Payment of all taxes and fees due to the town and/or county in a timely manner during the grant period;

(4)

Submission of an annual application during the grand period; and

(5)

Annual submission of evidence of compliance with the grant performance agreement during the grant period.

(c)

Business Development Loan Program (BDLP). The BDLP provides loans up to a maximum of $50,000.00 to be utilized by new or existing businesses located in the enterprise zone. The BDLP is administered by Page County Economic Development Authority (EDA), and all inquiries and applications must be submitted to the EDA for review and approval. Additional qualification requirements:

(1)

Creation of at least one full-time, or full-time equivalent job;

(2)

Underwriting must be successfully completed;

(3)

Payment of all taxes and fees due to town and/or county must be paid in a timely manner during the loan period; and

(4)

Annual submission of evidence of compliance with the terms of the loan agreement during the loan period;

(5)

The loan must be fully collateralized.

(d)

Commercial Rehabilitation Real Estate Tax Exemption (CRRETE). The CRRETE exempts qualifying real estate assessments (QREA) from increases in taxation by the town and/or county for a period of between five to 15 years. A QREA provides for tax rebates based upon the difference between pre- and post-improvement tax assessments. Once improvements are realized, qualifying properties are eligible for semi-annual town and/or county real estate tax rebates for the increased assessment amount only. Applicants may receive said rebates after all real taxes are paid to the town and/or county. Additional qualification requirements:

(1)

The qualifying property must be in the enterprise zone;

(2)

The qualifying property must be at least 15 years old;

(3)

The property must be in commercial or industrial use;

(4)

The cost of rehabilitation must be at least 40 percent of the property's pre-improvement assessment prior to the commencement of rehabilitation work with a minimum investment of no less than $50,000.00 as determined by the Page County Building Official;

(5)

The property cannot be expanded more than 15 percent of its existing size prior to commencement of the rehabilitation work;

(6)

Applicants must comply with all other terms and conditions of section 58.1-3221 of the Code of Virginia.

(e)

Refund of Various Development Fees (RVDF). The RVDF refunds half of the building permit, site plan and/or zoning, rezoning zoning variance or special use permit fees paid to the town and/or county by a qualifying applicant. The fees are refunded upon the successful completion of the qualifying project. Fees related to emergency management services (EMS), stormwater management and/or utility facility/connections are not subject to the RVDF. Additional qualification requirements:

(1)

The qualifying project must be in the enterprise zone.

(f)

Business visitation prioritization (BVP). The BVP is implemented by Page County's Economic Development Coordinator, and may include other professional and resources in accordance to availability and appropriateness. The economic development coordinator will provide consultation services to qualifying business to assist in resolving issues related to conducting business. The degree and variety of services provided will be determined by the economic development coordinator, and allocated according to time and resources.

(g)

HUBzone assistance (HZA). HZA is provided by the Page County's Economic Development Coordinator for businesses seeking HUBzone certification, and to existing HUBzone certified businesses located in the town and/or county.

(h)

Fast track development program (FTDP). Through the FTDP, businesses applying for rezoning and/or special use permits may request joint hearings of the town's planning commission and town council as a means to expedite process. Additional qualification requirements:

(1)

The qualifying project must be in the enterprise zone; and

(2)

The joint hearing request must be coordinated through Page County's Economic Development Coordinator, and the administration of the Town of Luray.

411.6 Incentives capped.

(a)

The combined amount of BSMLR, CIG (section 411.5 a) and the CRRETE (section 411.5 d) shall be capped at 75 percent of all recipient's taxes paid to the town and/or county, whichever is applicable.

411.7 Application.

(a)

Any business firm seeking to receive local enterprise zone incentives shall make application to the Page County's Economic Development Coordinator, who acts as the enterprise zone administrator, on forms provided by the Page County Economic Development Authority. The economic development coordinator may require the business firm to provide documentation establishing that said business firm has met the requirements for the receipt of town and/or county enterprise zone incentives. Failure to provide requested documentation shall result in a denial of the business firm's application for local incentives. Upon approval of any business firm application for local enterprise zone incentives, the economic development coordinator shall submit a written report to the town manager listing the name and address of the qualifying business firm, and the local enterprise zone incentives for which it is qualified. The economic development coordinator may require the business firm to provide additional documentation from time to time to assure that said business firm retains the requisite qualifications for the receipt of local enterprise zone incentives. In the event that any business firm shall fail to maintain the requisite qualifications for the receipt of local enterprise zone incentives, the economic development coordinator shall inform the business firm in writing that it is no longer qualified for the receipt of local incentives, and shall send a copy of said notice to the town manager.

(Ord. of 4-13-2015)

412. - Open Space/Park (OSP).

Statement of intent. It is the intent of this district to perpetuate the rural atmosphere, open space and scenic landscape of the area. This district is established for the specific purpose of conserving natural resources, promoting outdoor recreation areas, and protecting existing undeveloped areas.

412.1.

Uses permitted by right:

Public park and recreation areas.

Forest, scenic and wildlife preserves and conservation areas.

Agriculture.

Parking for designated by right uses.

412.2.

Uses permitted by special permit:

Police, fire and rescue squad stations; other essential public services.

(1)

Guest registration shall not exceed a period of 14 consecutive calendar days.

(2)

A bed and breakfast home shall have no more than three guest rooms and no more than six guests at any one time, except that a bed and breakfast home situated on a lot one acre or greater in size shall be allowed no more than six guest rooms and no more than 12 guests. Existing cottages on the premises may be rented and shall be considered a guest room. Children 12 years old and under in the same room shall not be included in the total number of guests.

(3)

(4)

An identification sign may be allowed on the property, not exceeding four square feet on either side.

(5)

(6)

Meals shall only be served to guests renting bedrooms in the dwelling.

(7)

Applicable provisions of the Uniform Statewide Building Code, the commonwealth board of health, and all other applicable laws, regulations, inspections, and licenses shall be met.

(8)

Transient occupancy tax and meals tax must be collected and remitted to the town.

(9)

(10)

It shall be a violation of this section to advertise for rent to guests any bedroom exceeding the number of bedrooms authorized herein.

Commercial outdoor recreation areas and facilities: Parks (except amusement parks), playgrounds, picnic grounds, swimming clubs, country clubs, golf courses and driving ranges, miniature golf courses; archery; laser tag; paintball; and other similar uses.

Outdoor commercial recreation areas and facilities: Camps and campgrounds.

Cemeteries.

Other uses not specifically permitted, which are not expected to be recurring or of general application.

412.3

Open space designated and required within the Planned Neighborhood Development District shall not be considered for rezoning to this district.

(Am. of 8-9-2021(1))